5–13–10 Thursday Vol. 75 No. 92 May 13, 2010

Pages 26881–27154

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Contents Federal Register Vol. 75, No. 92

Thursday, May 13, 2010

Agriculture Department Inviting Applications For New Awards For Fiscal Year (FY) See Forest Service 2010: Developing Hispanic-Serving Institutions Program, Antitrust Division 26947–26952 NOTICES Proposed Priority: Pursuant to the National Cooperative Research and Rehabilitation Research and Training Centers; Center on Production Act of 1993: Employment Policy and Measurement, 26952–26955 Institute of Electrical and Electronics Engineers, 27001 Limo Foundation, 27000–27001 Employee Benefits Security Administration RULES Centers for Disease Control and Prevention Group Health Plans and Health Insurance Issuers Relating NOTICES to Dependent Coverage of Children to Age 26, etc., Agency Information Collection Activities; Proposals, 27122–27140 NOTICES Submissions, and Approvals, 26962–26963 Meetings: Advisory Council on Employee Welfare and Pension Children and Families Administration Benefit Plans, 27002 NOTICES Tribal Consultation Sessions, 26973–26974 Employment and Training Administration NOTICES Commerce Department Agency Information Collection Activities; Proposals, See International Trade Administration Submissions, and Approvals: See National Oceanic and Atmospheric Administration SCSEP Data Collection System, 27001–27002

Commodity Futures Trading Commission Environmental Protection Agency NOTICES PROPOSED RULES Joint CFTC–SEC Advisory Committee on Emerging Approval and Promulgation of Implementation Plans: Regulatory Issues, 27028–27029 Excess Emissions During Startup, Shutdown, Maintenance, and Malfunction Activities; Texas, Consumer Product Safety Commission 26892–26898 NOTICES Determination of Attainment for PM–10: Provisional Acceptance of a Settlement Agreement and Fort Hall PM–10 Nonattainment Area, Idaho, 26898– Order: 26904 Target Corporation, 26939–26941 Mandatory Reporting of Greenhouse Gases: Default Emission Factors for Semiconductor Corporation for National and Community Service Manufacturing Refined Process Categories; Data NOTICES Availability, 26904–26906 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 26941–26942 Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 26942 Submissions, and Approvals: NSPS for Incinerators (Renewal), 26955–26956 Defense Department Clean Water Act Section 303(d): Availability of Los Angeles Area Lakes Total Maximum PROPOSED RULES Daily Loads (TMDLs), 26956 Federal Acquisition Regulation: Draft Toxicological Review of Hexachloroethane: Enhancing Contract Transparency, 26916–26917 In Support of the Summary Information in the Integrated Risk Information System (IRIS), 26956–26958 Drug Enforcement Administration NOTICES Federal Aviation Administration Denial of Application: RULES Alvin Darby, M.D., 26993–27000 Airworthiness Directives: Airbus Model A340–200 and A340–300 Series Airplanes, Education Department 26881–26883 NOTICES Empresa Brasileira de Aeronautica S.A. (EMBRAER) Agency Information Collection Activities; Proposals, Model ERJ 170 and Model ERJ 190 Airplanes, 26883– Submissions, and Approvals, 26942–26944 26885 Federal Student Aid: Sikorsky Aircraft Corporation Model S–76A, B, and C Leveraging Educational Assistance Partnership, Special Helicopters, 26885–26887 Leveraging Educational Assistance Partnership, etc., PROPOSED RULES 26944–26945 Airworthiness Directives: International Education Programs Service: Arrow Falcon Exporters, Inc., et al., Model HH 1K, TH Fulbright–Hays Group Projects Abroad Program, 26945– 1F, TH 1L, UH 1A, UH 1B, UH 1E, UH 1F, UH 1H, 26947 UH 1L, and UH 1P Helicopters, 26889–26891

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Sikorsky Aircraft Corp. Model S–70A and S–70C Federal Trade Commission Helicopters, 26888–26889 NOTICES Meetings: Agency Information Collection Activities; Proposals, Proposed Modification of the Detroit, MI, Class B Submissions, and Approvals: Airspace Area, 26891–26892 Correction, 26962 NOTICES Environmental Impact Statements; Availability, etc.: Federal Transit Administration New Bedford Regional Airport, New Bedford, MA, 27056 NOTICES Intent to Rule on Request for a Change in Use: FTA Supplemental Fiscal Year 2010 Apportionments, Aeronautical Property at the Williamsport Regional Allocations, and Corrections, 27056–27109 Airport, Williamsport, Pennsylvania, 27112 FY 2010 Discretionary Funding Opportunities: Paul S. Sarbanes Transit in Parks Program, 27109–27112 Federal Communications Commission Tribal Transit Program: PROPOSED RULES Public Transportation on Indian Reservations Program, Connect America Fund, A National Broadband Plan for Our 27114–27118 Future, High-Cost Universal Service Support, 26906– Fish and Wildlife Service 26916 PROPOSED RULES NOTICES Agency Information Collection Activities; Proposals, Proposed 2010–11 Migratory Game Bird Hunting Submissions, and Approvals, 26958–26960 Regulations; etc.: Migratory Bird Hunting, 27144–27153 NOTICES Federal Deposit Insurance Corporation Draft Comprehensive Conservation Plan and Environmental NOTICES Assessment: Agency Information Collection Activities; Proposals, Piedmont National Wildlife Refuge, Jones and Jasper Submissions, and Approvals, 26960–26961 Counties, GA, 26979–26981 Financial Institutions for Which FDIC has been Appointed Either Receiver, Liquidator, or Manager; Update, 26961 Food and Drug Administration NOTICES Federal Emergency Management Agency Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Emergency and Related Determinations: Guidance for Industry on How to Use E-Mail to Submit Massachusetts, 26977 a Request for a Meeting or Teleconference, etc., Emergency Declaration: 26963–26964 Rhode Island, 26976 Sample Electronic Products for Manufacturers and Major Disaster and Related Determinations: Distributors of Electronic Products, etc., 26964–26967 Tennessee, 26977–26978 Guidance for Industry: Major Disaster Declaration: Use of Water by Food Manufacturers in Areas Subject to Mississippi, 26976–26977 a Boil-Water Advisory; Availability, 26967–26968 Rhode Island, 26977 Foreign Assets Control Office Tennessee, 26975–26976 NOTICES Additional Designations, Foreign Narcotics Kingpin Federal Highway Administration Designation Act, 27118–27119 NOTICES Environmental Impact Statements; Availability, etc.: Forest Service Multiple Counties, New York and New Jersey, 27053– NOTICES 27056 Meetings: Fishlake Resource Advisory Committee, 26918–26919 Federal Maritime Commission North Gifford Pinchot National Forest Resource Advisory PROPOSED RULES Committee, 26918 Meetings: Siuslaw Resource Advisory Committee, 26918 NVOCC Negotiated Rate Arrangements, 26906 General Services Administration Federal Railroad Administration PROPOSED RULES Federal Acquisition Regulation: NOTICES Enhancing Contract Transparency, 26916–26917 Charter Renewal: Railroad Safety Advisory Committee, 27053 Health and Human Services Department Solicitations of Applications and Funding Availabilities: See Centers for Disease Control and Prevention FRA Railroad System Issues Research and Development See Children and Families Administration Program, 27112–27114 See Food and Drug Administration See National Institutes of Health Federal Reserve System See Substance Abuse and Mental Health Services NOTICES Administration Acquisition of Shares of Bank or Bank Holding Companies: RULES Change in Bank Control, 26961 Group Health Plans and Health Insurance Issuers Relating Formations of, Acquisitions by, and Mergers of Bank to Dependent Coverage of Children to Age 26, etc., Holding Companies, 26961–26962 27122–27140

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Homeland Security Department Intent to Prepare an Amendment: See Federal Emergency Management Agency Kobuk–Seward Peninsula Resource Management Plan for See U.S. Customs and Border Protection the Squirrel River Special Recreation Management Area, Alaska, 26986–26987 Indian Affairs Bureau Meetings: NOTICES Wild Horse and Burro Advisory Board, 26990–26991 Agency Information Collection Activities; Proposals, Realty Actions: Submissions, and Approvals: Competitive Sale of Public Land in Deschutes County, Reporting System for Public Law 102–477 Demonstration OR, 26991–26993 Project, 26978–26979 Mine Safety and Health Administration Interior Department NOTICES See Fish and Wildlife Service Petitions for Modification, 27002–27004 See Indian Affairs Bureau See Land Management Bureau National Aeronautics and Space Administration See National Park Service PROPOSED RULES Federal Acquisition Regulation: Internal Revenue Service Enhancing Contract Transparency, 26916–26917 NOTICES RULES Group Health Plans and Health Insurance Issuers Relating Agency Information Collection Activities; Proposals, to Dependent Coverage of Children to Age 26, etc., Submissions, and Approvals, 27004–27006 27122–27140 National Institutes of Health PROPOSED RULES Group Health Plans and Health Insurance Issuers Providing NOTICES Dependent Coverage of Children to Age 26, etc., Meetings: 27141–27142 Center for Scientific Review, 26969–26973 National Cancer Institute, 26968–26969 International Trade Administration National Eye Institute, 26968 National Institute on Aging, 26969–26970 NOTICES Continuation of Antidumping Duty Order: National Oceanic and Atmospheric Administration Certain Crepe Paper Products from the People’s Republic NOTICES of China, 26919–26920 Charter Renewals: Preliminary Results of Antidumping Duty Administrative Advisory Committee on Commercial Remote Sensing, Review: 26919 Magnesium Metal from the Russian Federation, 26922– Environmental Impact Statements; Availability, etc.: 26927 Mid-Atlantic Fishery Management Council; Spiny Preliminary Results of Antidumping Duty Administrative Dogfish Amendment 3 Scoping Process, 26920 Reviews, Preliminary Results of Changed- Meetings: Circumstances Review, etc.: Mid-Atlantic Fishery Management Council, 26921–26922 Ball Bearings and Parts Thereof from France, Germany, South Atlantic Fishery Management Council, 26921– Italy, Japan, and the United Kingdom, 26920 26922 Preliminary Results of the Second Antidumping Duty Administrative Review, etc.: National Park Service Certain Activated Carbon from the People’s Republic of NOTICES China, 26927–26938 Inventory Completions: Vacancies on the U.S. Section of the U.S.–Iraq Business U.S. Department of Defense, Army Corps of Engineers, Dialogue, 26938–26939 Walla Walla, WA, et al., 26988–26990 University of Colorado Museum, Boulder, CO, 26988 Justice Department Wisconsin Historical Society, Museum Division, See Antitrust Division Madison, WI, 26987 See Drug Enforcement Administration See Justice Programs Office National Science Foundation NOTICES Justice Programs Office Toward Federal Cybersecurity Research Agenda: NOTICES Three Game-changing Themes, 27006–27008 Hearings of the Review Panel on Prison Rape, 27000 Securities and Exchange Commission Labor Department NOTICES See Employee Benefits Security Administration Filing of Amendment No. 21 to the Joint Self-Regulatory See Employment and Training Administration Organization Plan, etc: See Mine Safety and Health Administration Joint Industry Plan, 27010–27028 Joint CFTC–SEC Advisory Committee on Emerging Land Management Bureau Regulatory Issues, 27028–27029 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Establishment of Interim Final Supplementary Rules: International Securities Exchange, LLC, 27029–27030, Public Lands Managed by the Mother Lode Field Office, 27033–27036 California, 26981–26986 NASDAQ Stock Market LLC, 27031–27033

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Small Business Administration NOTICES NOTICES Privacy Act; Systems of Records, 27051–27053 Disaster Declarations: Louisiana, 27008 Treasury Department Maryland, 27010 See Foreign Assets Control Office Mississippi, 27008–27009 See Internal Revenue Service Tennessee, 27008–27010 See Thrift Supervision Office

Social Security Administration U.S. Customs and Border Protection NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27036–27041 Submissions, and Approvals: African Growth and Opportunity Act Certificate of State Department Origin, 26974–26975 NOTICES Bureau of Educational and Cultural Affairs (ECA) Request for Grant Proposals: Separate Parts In This Issue Edmund S. Muskie Graduate Fellowship Program, 27041– 27046 Part II Offices of the Fulbright Representative, Moscow and Kyiv Health and Human Services Department, 27122–27140 (Kviv), 27046–27051 Labor Department, Employee Benefits Security Administration, 27122–27140 Substance Abuse and Mental Health Services Treasury Department, Internal Revenue Service, 27122– Administration 27142 NOTICES Meetings: Part III SAMHSA National Advisory Council; Amendment of Interior Department, Fish and Wildlife Service, 27144– Meeting Time, 26969 27153

Thrift Supervision Office NOTICES Reader Aids Approvals of Conversion Application: Consult the Reader Aids section at the end of this page for ViewPoint Financial Group, Inc., Plano, TX, 27119 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration LISTSERV electronic mailing list, go to http:// See Federal Highway Administration listserv.access.gpo.gov and select Online mailing list See Federal Railroad Administration archives, FEDREGTOC-L, Join or leave the list (or change See Federal Transit Administration 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.

14 CFR 39 (3 documents) ...... 26881, 26883, 26885 Proposed Rules: 39 (2 documents) ...... 26888, 26889 71...... 26891 26 CFR 54...... 27122 602...... 27122 Proposed Rules: 54...... 27141 29 CFR 2590...... 27122 40 CFR Proposed Rules: 52...... 26892 81...... 26898 98...... 26904 45 CFR 144...... 27122 146...... 27122 147...... 27122 46 CFR Proposed Rules: 520...... 26906 532...... 26906 47 CFR Proposed Rules: 54...... 26906 48 CFR Proposed Rules: 24...... 26916 50 CFR Proposed Rules: 20...... 27144

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Rules and Regulations Federal Register Vol. 75, No. 92

Thursday, May 13, 2010

This section of the FEDERAL REGISTER DATES: This AD becomes effective May partial or unknown as specified in contains regulatory documents having general 28, 2010. paragraph (g)(1)(ii) of the original AD. applicability and legal effect, most of which On January 29, 2010 (75 FR 2057, Airbus notes that Airbus Mandatory are keyed to and codified in the Code of January 14, 2010), the Director of the Service Bulletin A340–71–4006, Federal Regulations, which is published under Federal Register approved the Revision 01, dated May 14, 2009, 50 titles pursuant to 44 U.S.C. 1510. incorporation by reference of a certain calculates the limits using flight cycles. The Code of Federal Regulations is sold by publication listed in this AD. We have revised paragraph (g)(1)(ii) of the Superintendent of Documents. Prices of We must receive comments on this this AD to refer to a compliance time new books are listed in the first FEDERAL AD by June 28, 2010. specified in flight cycles accordingly. REGISTER issue of each week. ADDRESSES: You may send comments by FAA’s Determination and Requirements any of the following methods: of This AD • Federal eRulemaking Portal: Go to DEPARTMENT OF TRANSPORTATION http://www.regulations.gov. Follow the This product has been approved by instructions for submitting comments. the aviation authority of another Federal Aviation Administration • Fax: (202) 493–2251. country, and is approved for operation • Mail: U.S. Department of in the United States. Pursuant to our 14 CFR Part 39 Transportation, Docket Operations, M– bilateral agreement with the State of 30, West Building Ground Floor, Room Design Authority, we have been notified [Docket No. FAA–2010–0476; Directorate of the unsafe condition described in the Identifier 2010–NM–036–AD; Amendment W12–140, 1200 New Jersey Avenue, SE., 39–16298; AD 2010–10–19] Washington, DC 20590. MCAI and service information • Hand Delivery: U.S. Department of referenced above. We are issuing this RIN 2120–AA64 Transportation, Docket Operations, M– AD because we evaluated all pertinent 30, West Building Ground Floor, Room information and determined the unsafe Airworthiness Directives; Airbus Model W12–40, 1200 New Jersey Avenue, SE., condition exists and is likely to exist or A340–200 and A340–300 Series Washington, DC, between 9 a.m. and 5 develop on other products of the same Airplanes p.m., Monday through Friday, except type design. There are no products of this type AGENCY: Federal holidays. Federal Aviation currently registered in the United States. Administration (FAA), Department of Examining the AD Docket However, this rule is necessary to Transportation (DOT). You may examine the AD docket on ensure that the described unsafe ACTION: Final rule; request for the Internet at http:// condition is addressed if any of these comments. www.regulations.gov; or in person at the products are placed on the U.S. Register in the future. SUMMARY: We are adopting a new Docket Operations office between 9 a.m. airworthiness directive (AD) for the and 5 p.m., Monday through Friday, Differences Between the AD and the products listed above that supersedes an except Federal holidays. The AD docket MCAI or Service Information contains this AD, the regulatory existing AD. This AD results from We have reviewed the MCAI and mandatory continuing airworthiness evaluation, any comments received, and other information. The street address for related service information and, in information (MCAI) originated by an general, agree with their substance. But aviation authority of another country to the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES we might have found it necessary to use identify and correct an unsafe condition different words from those in the MCAI on an aviation product. The MCAI section. Comments will be available in the AD docket shortly after receipt. to ensure the AD is clear for U.S. describes the unsafe condition as: operators and is enforceable. In making FOR FURTHER INFORMATION CONTACT: * * * * * these changes, we do not intend to differ Vladimir Ulyanov, International Branch, Engineering analysis using the new substantively from the information ANM–116, Transport Airplane calculated loads has shown that the provided in the MCAI and related Directorate, FAA, 1601 Lind Avenue, structural integrity of the forward engine service information. mount cannot be guaranteed after either SW., Renton, Washington 98057–3356; We might also have required different thrust link has accumulated 15500 Flight telephone (425) 227–1138; fax (425) Cycles (FC). actions in this AD from those in the 227–1149. MCAI in order to follow FAA policies. * * * * * SUPPLEMENTARY INFORMATION: Any such differences are highlighted in A loss of structural integrity of the a NOTE within the AD. forward engine mounts could lead to the Discussion loss of the load path for the forward On December 30, 2009, we issued AD FAA’s Determination of the Effective engine mount and damage to other 2010–02–03, Amendment 39–16174 (75 Date engine mount structures, which could FR 2057, January 14, 2010). That AD Since there are currently no domestic result in failure of the forward engine required actions intended to address an operators of this product, notice and mount, possible separation of the engine unsafe condition on the products listed opportunity for public comment before from the airplane, damage to the wing, above. issuing this AD are unnecessary. or loss of control of the airplane. This Since we issued AD 2010–02–03, AD requires actions that are intended to Airbus requested that we clarify the Comments Invited address the unsafe condition described compliance time for airplanes with This AD is a final rule that involves in the MCAI. thrust links for which the part history is requirements affecting flight safety, and

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we did not precede it by notice and under the criteria of the Regulatory In addition, this AD requires establishing opportunity for public comment. We Flexibility Act. the deadline for replacement of forward invite you to send any written relevant We prepared a regulatory evaluation engine mount thrust link assemblies, to trace of the estimated costs to comply with the life of these assemblies and to replace data, views, or arguments about this AD. them no later than the calculated deadline.’’ Send your comments to an address this AD and placed it in the AD docket. A loss of structural integrity of the forward listed under the ADDRESSES section. List of Subjects in 14 CFR Part 39 engine mounts could lead to the loss of the Include ‘‘Docket No. FAA–2010–0476; load path for the forward engine mount and Directorate Identifier 2010–NM–036– Air transportation, Aircraft, Aviation damage to other engine mount structures, AD’’ at the beginning of your comments. safety, Incorporation by reference, which could result in failure of the forward We specifically invite comments on the Safety. engine mount, possible separation of the engine from the airplane, damage to the overall regulatory, economic, Adoption of the Amendment environmental, and energy aspects of wing, or loss of control of the airplane. this AD. We will consider all comments ■ Accordingly, under the authority Compliance received by the closing date and may delegated to me by the Administrator, (f) You are responsible for having the amend this AD because of those the FAA amends 14 CFR part 39 as actions required by this AD performed within comments. follows: the compliance times specified, unless the We will post all comments we actions have already been done. PART 39—AIRWORTHINESS receive, without change, to http:// Actions www.regulations.gov, including any DIRECTIVES personal information you provide. We (g) Do the following actions. ■ 1. The authority citation for part 39 (1) At the applicable time specified in will also post a report summarizing each continues to read as follows: paragraph (g)(1)(i) or (g)(1)(ii) of this AD: substantive verbal contact we receive Authority: 49 U.S.C. 106(g), 40113, 44701. Calculate the flight cycles, as applicable, and about this AD. replace all CFM 56–5C forward engine mount Authority for This Rulemaking § 39.13 [Amended] thrust links P/N 340–7005–3 or P/N 340– 7005–4, in accordance with the ■ Title 49 of the United States Code 2. The FAA amends § 39.13 by Accomplishment Instructions of Airbus specifies the FAA’s authority to issue removing Amendment 39–16174 (75 FR Mandatory Service Bulletin A340–71–4006, rules on aviation safety. Subtitle I, 2057, January 14, 2010) and adding the Revision 01, dated May 14, 2009. section 106, describes the authority of following new AD: Note 1: P/N 340–7005–3 and P/N 340– the FAA Administrator. ‘‘Subtitle VII: 2010–10–19 Airbus: Amendment 39–16298. 7005–4 are the part numbers for only the Aviation Programs,’’ describes in more Docket No. FAA–2010–0476, Directorate link. P/N 340–7005–503 and P/N 340–7005– detail the scope of the Agency’s Identifier 2010–NM–036–AD. 504 are the part numbers for the assembly (comprising the bearing and the link). authority. Effective Date We are issuing this rulemaking under (i) For airplanes with thrust links for which the history of the part is available: Replace the authority described in ‘‘Subtitle VII, (a) This airworthiness directive (AD) becomes effective May 28, 2010. in accordance with Airbus Mandatory Part A, Subpart III, Section 44701: Service Bulletin A340–71–4006, Revision 01, General requirements.’’ Under that Affected ADs dated May 14, 2009, prior to the section, Congress charges the FAA with (b) This AD supersedes AD 2010–02–03, accumulation of 15,500 total flight cycles on promoting safe flight of civil aircraft in Amendment 39–16174. the part, or within 90 days from the effective date of the AD, whichever occurs later. air commerce by prescribing regulations Applicability for practices, methods, and procedures (ii) For airplanes with thrust links for the Administrator finds necessary for (c) This AD applies to Airbus Model A340– which the part history is partial or unknown: 211, –212, –213, –311, –312, and –313 Within 30 days after the effective date of this safety in air commerce. This regulation airplanes, all manufacturer serial numbers; AD, calculate the limit for replacement in is within the scope of that authority certificated in any category. accordance with the calculation method because it addresses an unsafe condition provided in Airbus Mandatory Service Subject that is likely to exist or develop on Bulletin A340–71–4006, Revision 01, dated products identified in this rulemaking (d) Air Transport Association (ATA) of May 14, 2009, and replace the part no later action. America Code 71: Powerplant. than the calculated limit for replacement. (2) Repeat the replacement required by Reason Regulatory Findings paragraph (g)(1) of this AD at intervals not to (e) The mandatory continued airworthiness exceed 15,500 flight cycles on the part in We determined that this AD will not information (MCAI) states: have federalism implications under accordance with the Accomplishment ‘‘A recent review of the A340–200/300 fleet Instructions of Airbus Mandatory Service Executive Order 13132. This AD will has shown that the current utilization rate of Bulletin A340–71–4006, Revision 01, dated not have a substantial direct effect on the aeroplanes is different from the May 14, 2009. the States, on the relationship between assumptions used at the time of A340 initial FAA AD Differences the national government and the States, certification. New calculations have been or on the distribution of power and performed taking into account an updated Note 2: This AD differs from the MCAI responsibilities among the various mission profile to determine the impact to and/or service information as follows: No levels of government. the loads on the forward engine mount. differences. For the reasons discussed above, I Engineering analysis using the new Other FAA AD Provisions certify this AD: calculated loads has shown that the 1. Is not a ‘‘significant regulatory structural integrity of the forward engine (h) The following provisions also apply to action’’ under Executive Order 12866; mount cannot be guaranteed after either this AD: 2. Is not a ‘‘significant rule’’ under the thrust link has accumulated 15500 Flight (1) Alternative Methods of Compliance Cycles (FC). (AMOCs): The Manager, International DOT Regulatory Policies and Procedures Consequently, this AD introduces a Limit Branch, ANM–116, Transport Airplane (44 FR 11034, February 26, 1979); and Of Validity (LOV) of 15 500 FC for CFM 56– Directorate, FAA, has the authority to 3. Will not have a significant 5C forward engine mount thrust links Part approve AMOCs for this AD, if requested economic impact, positive or negative, Number (P/N) 340–7005–3 and P/N 340– using the procedures found in 14 CFR 39.19. on a substantial number of small entities 7005–4. Send information to Attn: Vladimir Ulyanov,

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International Branch, ANM–116, Transport Issued in Renton, Washington, on May 3, Transport Airplane Directorate, FAA, Airplane Directorate, FAA, 1601 Lind 2010. 1601 Lind Avenue, SW., Renton, Avenue, SW., Renton, Washington 98057– Ali Bahrami, Washington 98057–3356; telephone 3356; telephone (425) 227–1138; fax (425) Manager, Transport Airplane Directorate, (425) 227–2848; fax (425) 227–1149. 227–1149. Before using any approved AMOC Aircraft Certification Service. SUPPLEMENTARY INFORMATION: on any airplane to which the AMOC applies, [FR Doc. 2010–11187 Filed 5–12–10; 8:45 am] notify your principal maintenance inspector BILLING CODE 4910–13–P Discussion (PMI) or principal avionics inspector (PAI), We issued a notice of proposed as appropriate, or lacking a principal rulemaking (NPRM) to amend 14 CFR inspector, your local Flight Standards District DEPARTMENT OF TRANSPORTATION Office. The AMOC approval letter must part 39 to include an AD that would apply to the specified products. That specifically reference this AD. Federal Aviation Administration (2) Airworthy Product: For any requirement NPRM was published in the Federal Register on July 22, 2009 (74 FR 36129). in this AD to obtain corrective actions from 14 CFR Part 39 a manufacturer or other source, use these That NPRM proposed to correct an actions if they are FAA-approved. Corrective [Docket No. FAA–2009–0614; Directorate unsafe condition for the specified actions are considered FAA-approved if they Identifier 2009–NM–045–AD; Amendment products. The MCAI states: 39–16286; AD 2010–10–07] are approved by the State of Design Authority It has been found the occurrence of (or their delegated agent). You are required RIN 2120–AA64 outboard slat skew sensor failure in open or to ensure the product is airworthy before it closed position. The combination of an is returned to service. Airworthiness Directives; Empresa outboard slat skew sensor failed closed, an (3) Reporting Requirements: For any Brasileira de Aeronautica S.A. outboard slat actuator structural failure reporting requirement in this AD, under the (EMBRAER) Model ERJ 170 and Model (rupture) and its adjacent actuator torque provisions of the Paperwork Reduction Act ERJ 190 Airplanes limiter failing high (allows higher loads to (44 U.S.C. 3501 et seq.), the Office of the panel structure) occurring in the same Management and Budget (OMB) has AGENCY: Federal Aviation slat surface, under normal flight loads, may approved the information collection Administration (FAA), Department of lead [the] slat surface to detach from the wing requirements and has assigned OMB Control Transportation (DOT). with the possibility of hitting and damaging Number 2120–0056. the horizontal stabilizer and elevator, which ACTION: Final rule. may affect the airplane controllability. Related Information SUMMARY: We are adopting a new * * * * * (i) Refer to Mandatory Continuing airworthiness directive (AD) for the Corrective actions include repetitive Airworthiness Information (MCAI) European products listed above. This AD results operational tests of the outboard slat Aviation Safety Agency (EASA) from mandatory continuing skew sensor, and replacement with a Airworthiness Directive 2009–0115, dated airworthiness information (MCAI) serviceable outboard slat skew sensor if May 29, 2009; and Airbus Mandatory Service originated by an aviation authority of necessary. Bulletin A340–71–4006, Revision 01, dated another country to identify and correct You may obtain further information May 14, 2009; for related information. an unsafe condition on an aviation by examining the MCAI in the AD Material Incorporated by Reference product. The MCAI describes the unsafe docket. (j) You must use Airbus Mandatory Service condition as: Comments Bulletin A340–71–4006, Revision 01, dated It has been found the occurrence of We gave the public the opportunity to May 14, 2009, to do the actions required by outboard slat skew sensor failure in open or this AD, unless the AD specifies otherwise. closed position. The combination of an participate in developing this AD. We (1) The Director of the Federal Register outboard slat skew sensor failed closed, an considered the comment received. previously approved the incorporation by outboard slat actuator structural failure Request To Remove Reference to the reference of Airbus Mandatory Service (rupture) and its adjacent actuator torque Revision Level of the Airplane limiter failing high (allows higher loads to Bulletin A340–71–4006, Revision 01, dated Maintenance Manual (AMM) Task May 14, 2009, on January 29, 2010 (75 FR the panel structure) occurring in the same 2057, January 14, 2010). slat surface, under normal flight loads, may Embraer requests that we remove (2) For service information identified in lead [the] slat surface to detach from the wing reference to the specific revision of the this AD, contact Airbus SAS—Airworthiness with the possibility of hitting and damaging AMM task specified in Note 1 of the the horizontal stabilizer and elevator, which Office—EAL, 1 Rond Point Maurice Bellonte, NPRM. Embraer explains that since may affect the airplane controllability. 31707 Blagnac Cedex, France; telephone +33 AMMs are often revised to improve task 5 61 93 36 96; fax +33 5 61 93 45 80; e-mail * * * * * procedures, changes to other tasks might airworthiness.A330–[email protected]; We are issuing this AD to require force the subsequent tasks to be ‘‘re- Internet http://www.airbus.com. actions to correct the unsafe condition paged and re-dated.’’ Embraer points out (3) You may review copies of the service on these products. that changes made to improve task information at the FAA, Transport Airplane DATES: This AD becomes effective June procedures do not change the intent of Directorate, 1601 Lind Avenue, SW., Renton, 17, 2010. the tasks and that the specific task Washington. For information on the ADDRESSES: You may examine the AD number will always refer to the specific availability of this material at the FAA, call docket on the Internet at http:// task, regardless of revision level. 425–227–1221. www.regulations.gov or in person at the Embraer notes that referring to a specific (4) You may also review copies of the U.S. Department of Transportation, service information that is incorporated by revision will cause operators to request Docket Operations, M–30, West reference at the National Archives and alternative methods of compliance Records Administration (NARA). For Building Ground Floor, Room W12–140, (AMOCs) for updated AMM tasks that information on the availability of this 1200 New Jersey Avenue, SE., might be identical. material at NARA, call 202–741–6030, or go Washington, DC. Embraer suggests that if it is necessary to: http://www.archives.gov/federal_register/ FOR FURTHER INFORMATION CONTACT: to refer to a specific revision of the code_of_federal_regulations/ Kenny Kaulia, Aerospace Engineer, AMM, we should not refer to the AMM ibr_locations.html. International Branch, ANM–116, task, but instead include the text of the

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outboard slat skew sensor operational these changes, we do not intend to differ 1. Is not a ‘‘significant regulatory test directly in the text of the AD. substantively from the information action’’ under Executive Order 12866; Embraer also suggests that another provided in the MCAI and related 2. Is not a ‘‘significant rule’’ under the alternative would be to mandate service information. DOT Regulatory Policies and Procedures revision of the Airworthiness We might also have required different (44 FR 11034, February 26, 1979); and Limitations Section of the Instructions actions in this AD from those in the 3. Will not have a significant for Continued Airworthiness to MCAI in order to follow our FAA economic impact, positive or negative, incorporate Task 27–83–01–001 of the policies. Any such differences are on a substantial number of small entities latest revision of the Maintenance highlighted in a NOTE within the AD. under the criteria of the Regulatory Review Board Report, but with a Flexibility Act. Explanation of Change to Costs of reduced interval mandated by the AD. We prepared a regulatory evaluation Compliance We disagree with the request to of the estimated costs to comply with remove reference to a specific revision Since issuance of the NPRM, we have this AD and placed it in the AD docket. of the AMM task and the alternative increased the labor rate used in the Examining the AD Docket suggestions to either include the text of Costs of Compliance from $80 per work- the outboard slat skew sensor hour to $85 per work-hour. The Costs of You may examine the AD docket on operational test directly in the text of Compliance information, below, reflects the Internet at http:// the AD, or to mandate the revision of this increase in the specified hourly www.regulations.gov; or in person at the the Airworthiness Limitations Section labor rate. Docket Operations office between 9 a.m. of the Instructions for Continued and 5 p.m., Monday through Friday, Airworthiness to incorporate Task 27– Costs of Compliance except Federal holidays. The AD docket 83–01–001 of the latest revision of the We estimate that this AD will affect contains the NPRM, the regulatory Maintenance Review Board Report. 223 products of U.S. registry. We also evaluation, any comments received, and As stated in the commenter’s request, estimate that it will take about 2 work- other information. The street address for the AMM may be revised to improve the hours per product to comply with the the Docket Operations office (telephone task procedures, which could include basic requirements of this AD. The (800) 647–5527) is in the ADDRESSES substantive changes. We assume that average labor rate is $85 per work-hour. section. Comments will be available in this is also true for Task Number 27–83– Based on these figures, we estimate the the AD docket shortly after receipt. 01–710–801–A, ‘‘Outboard Slat Skew cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 Sensor-Operational Test.’’ We have be $37,910, or $170 per product. reviewed the task as it currently exists, Air transportation, Aircraft, Aviation which has a date of October 28, 2008, Authority for This Rulemaking safety, Safety. and acknowledge that this task Title 49 of the United States Code Adoption of the Amendment addresses the unsafe condition. It is specifies the FAA’s authority to issue impossible for us to anticipate what rules on aviation safety. Subtitle I, ■ Accordingly, under the authority changes might be made to a task in section 106, describes the authority of delegated to me by the Administrator, future revisions, and we might not agree the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as that the revised task adequately Aviation Programs,’’ describes in more follows: addresses the unsafe condition. detail the scope of the Agency’s Operators are not required to use this authority. PART 39—AIRWORTHINESS task to accomplish the requirements of We are issuing this rulemaking under DIRECTIVES this AD. We point out that the task the authority described in ‘‘Subtitle VII, referenced in Note 1 of this AD is ■ 1. The authority citation for part 39 Part A, Subpart III, Section 44701: provided merely for operators to use as continues to read as follows: General requirements.’’ Under that a source of guidance. Regardless of the section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. method used to comply with the promoting safe flight of civil aircraft in requirements of this AD, operators are § 39.13 [Amended] air commerce by prescribing regulations required to contact us or the Ageˆncia ■ for practices, methods, and procedures 2. The FAA amends § 39.13 by adding Nacional de Aviac¸a˜o Civil ANAC (or its the Administrator finds necessary for the following new AD: delegated agent) for approval of all 2010–10–07 Empresa Brasileira de safety in air commerce. This regulation methods of compliance for this AD. We Aeronautica S.A. (EMBRAER): is within the scope of that authority have not changed the AD in this regard. Amendment 39–16286. Docket No. because it addresses an unsafe condition FAA–2009–0614; Directorate Identifier Conclusion that is likely to exist or develop on 2009–NM–045–AD. products identified in this rulemaking We reviewed the available data, Effective Date action. including the comment received, and (a) This airworthiness directive (AD) determined that air safety and the Regulatory Findings becomes effective June 17, 2010. public interest require adopting the AD as proposed. We determined that this AD will not Affected ADs have federalism implications under (b) None. Differences Between This AD and the Executive Order 13132. This AD will MCAI or Service Information not have a substantial direct effect on Applicability We have reviewed the MCAI and the States, on the relationship between (c) This AD applies to the airplanes related service information and, in the national government and the States, certificated in any category, identified in or on the distribution of power and paragraphs (c)(1) and (c)(2) of the AD. general, agree with their substance. But (1) EMBRAER Model ERJ 170–100 LR, we might have found it necessary to use responsibilities among the various –100 STD, –100 SE, –100 SU, –200 LR, –200 different words from those in the MCAI levels of government. STD, and –200 SU airplanes, equipped with to ensure the AD is clear for U.S. For the reasons discussed above, I outboard slat skew sensor part number (P/N) operators and is enforceable. In making certify this AD: 1702286A or 1702288A.

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(2) EMBRAER Model ERJ 190–100 ECJ, FAA AD Differences DEPARTMENT OF TRANSPORTATION –100 LR, –100 IGW, –100 STD, –200 STD, Note 4: This AD differs from the MCAI –200 LR, and –200 IGW airplanes, equipped and/or service information as follows: No Federal Aviation Administration with outboard slat skew sensor P/N differences. 1702286A or 1702288A. 14 CFR Part 39 Other FAA AD Provisions Subject (g) The following provisions also apply to [Docket No. FAA–2006–24587; Directorate (d) Air Transport Association (ATA) of Identifier 2006–SW–05–AD; Amendment 39– this AD: America Code 57: Wings. 16281; AD 2010–10–02] (1) Alternative Methods of Compliance Reason (AMOCs): The Manager, International RIN 2120–AA64 (e) The mandatory continuing Branch, ANM–116, Transport Airplane airworthiness information (MCAI) states: Directorate, FAA, has the authority to Airworthiness Directives; Sikorsky ‘‘It has been found the occurrence of approve AMOCs for this AD, if requested Aircraft Corporation Model S–76A, B, outboard slat skew sensor failure in open or using the procedures found in 14 CFR 39.19. and C Helicopters closed position. The combination of an Send information to ATTN: Kenny Kaulia, AGENCY: outboard slat skew sensor failed closed, an Aerospace Engineer, International Branch, Federal Aviation outboard slat actuator structural failure ANM–116, Transport Airplane Directorate, Administration, DOT. (rupture) and its adjacent actuator torque FAA, 1601 Lind Avenue, SW., Renton, ACTION: Final rule. limiter failing high (allows higher loads to Washington 98057–3356; telephone (425) the panel structure) occurring in the same 227–2848; fax (425) 227–1149. Before using SUMMARY: This amendment adopts a slat surface, under normal flight loads, may any approved AMOC on any airplane to new airworthiness directive (AD) for lead [the] slat surface to detach from the wing which the AMOC applies, notify your Sikorsky Aircraft Corporation (Sikorsky) with the possibility of hitting and damaging principal maintenance inspector (PMI) or Model S–76A, B, and C helicopters that the horizontal stabilizer and elevator, which principal avionics inspector (PAI), as requires inspecting each installed may affect the airplane controllability.’’ appropriate, or lacking a principal inspector, Woodward HRT (formerly HR Textron) * * * * * your local Flight Standards District Office. main rotor servo actuator (servo Corrective actions include repetitive The AMOC approval letter must specifically actuator) for a high rate of leakage and operational tests of the outboard slat skew reference this AD. replacing each affected servo actuator sensor, and replacement with a serviceable (2) Airworthy Product: For any requirement with a servo actuator containing a newly outboard slat skew sensor if necessary. in this AD to obtain corrective actions from re-designed servo actuator piston. This Actions and Compliance a manufacturer or other source, use these amendment is prompted by a National actions if they are FAA-approved. Corrective Transportation Safety Board (NTSB) (f) Unless already done, do the following actions are considered FAA-approved if they Safety Recommendation issued in actions. are approved by the State of Design Authority (1) At the applicable compliance time in response to an accident involving a paragraph (f)(1)(i) or (f)(1)(ii) of this AD: (or their delegated agent). You are required Model S–76C helicopter. In the NTSB Perform an operational test (OPT) of any to assure the product is airworthy before it Safety Recommendation, the outboard slat skew sensor having P/N is returned to service. performance of a servo actuator piston 1702286A or P/N 1702288A. If any outboard (3) Reporting Requirements: For any upon reaching 3,000 hours time-in- slat skew sensor fails the test, replace the reporting requirement in this AD, under the service (TIS) was questioned as a result sensor with a serviceable sensor before provisions of the Paperwork Reduction Act of piston head seal leakage and piston further flight. Do the actions using a method (44 U.S.C. 3501 et seq.), the Office of head plasma spray flaking. The actions approved by either the Manager, Management and Budget (OMB) has specified by this AD are intended to International Branch, ANM–116, Transport approved the information collection prevent degraded servo actuator Airplane Directorate, FAA; or the Ageˆncia requirements and has assigned OMB Control performance as a result of piston head Nacional de Aviac¸a˜o Civil (ANAC) (or its Number 2120–0056. seal leaking and plasma spray flaking, delegated agent). which could result in subsequent loss of (i) For Model ERJ 170 airplanes: Within Related Information control of the helicopter. 1,320 flight hours after the effective date of (h) Refer to MCAI Brazilian Airworthiness this AD. Directives 2009–02–02 and 2009–02–03, both DATES: Effective June 17, 2010. (ii) For Model ERJ 190 airplanes: Within effective February 16, 2009, for related ADDRESSES: You may get the service 1,320 flight hours or 12 months after the information. information identified in this AD from effective date of this AD, whichever occurs Sikorsky Aircraft Corporation, Attn: Material Incorporated by Reference first. Manager, Commercial Technical Note 1: Guidance on performing the OPT (i) None. Support, 6900 Main Street, Stratford, required by paragraph (f)(1) of this AD can Connecticut, phone (203) 383–4866, e- be found in Task 27–83–01–710–801–A, Issued in Renton, Washington, on April 28, ‘‘Outboard Slat Skew Sensor—Operational 2010. mail address [email protected]. Test,’’ dated October 28, 2008, of the Embraer Ali Bahrami, Examining the Docket: You may examine the docket that contains this 170/175 or 190 Aircraft Maintenance Manual Manager, Transport Airplane Directorate, AD, any comments, and other (AMM). Aircraft Certification Service. Note 2: For the purpose of this AD, an OPT information on the Internet at http:// [FR Doc. 2010–10900 Filed 5–12–10; 8:45 am] is ‘‘A task to determine if an item is fulfilling www.regulations.gov, or at the Docket its intended purpose. Since it is a failure- BILLING CODE 4910–13–P Operations office, West Building finding task, it does not require quantitative Ground Floor, Room W12–140, 1200 tolerances.’’ New Jersey Avenue, SE., Washington, Note 3: For the purpose of this AD, a DC. serviceable sensor is one that has passed the OPT required by paragraph (f)(1) of this AD. FOR FURTHER INFORMATION CONTACT: (2) Repeat the OPT required by paragraph Terry Fahr, Aviation Safety Engineer, (f)(1) of this AD thereafter at intervals not to Boston Aircraft Certification Office, 12 exceed 1,320 flight hours. New England Executive Park,

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Burlington, MA 01803, telephone (781) that ‘‘helicopters with these servo data prior to the August 2005 accident 238–7155, fax (781) 238–7170. actuators should not be designated as found no evidence of a helicopter SUPPLEMENTARY INFORMATION: A revised airworthy and, accordingly, should be control issue associated with servo proposal to amend 14 CFR part 39 to grounded and not permitted to operate.’’ actuator leakage or plasma spray flaking. include an AD for Sikorsky Model S– We do not agree with the commenter Therefore, we believe that requiring an 76A, B, and C helicopters was published that helicopters with the overhauled additional leakage rate inspection at in the Federal Register on February 11, servo pistons in the servo actuator 1,500 hours TIS, and, if leakage 2009 (74 FR 6835). That action, a should be grounded because that makes exceeding 700 cc per minute is found, supplemental notice of proposed them unairworthy. The overhaul of the requiring replacement of the servo rulemaking (SNPRM), proposed to pistons was accomplished under the actuator piston or replacement of the require inspecting each installed servo authority of the repair station of the servo actuator with an airworthy servo actuator for a high rate of leakage, and Sikorsky servo piston supplier using actuator is sufficient to prevent if there is a high rate of leakage, overhaul data acceptable to the FAA. degraded servo actuator performance as replacing the servo actuator piston or The plasma coating work performed on a result of piston head seal leaking and replacing the servo actuator. The the overhauled piston was a plasma spray flaking. SNPRM also proposed replacing each maintenance activity performed under A third commenter, Sikorsky, states ‘‘ affected servo actuator piston, part the Woodward HRT (formerly HR that they support the majority of this ’’ number (P/N) 41004321 or Textron) overhaul procedures approved SNPRM. However, they suggest that we by Sikorsky and according to acceptable replace ‘‘HR Textron’’ with their new RW41004321, upon reaching 3,000 practices. The purpose of these overhaul name, ‘‘Woodward HRT’’; include, hours TIS, with a newly-designed servo procedures was to restore the piston ‘‘reworked piston’’, P/N RW41004321, actuator piston, P/N 41012001, or head to its original design for removal; and add replacement replacing an affected servo actuator with specifications. Our review of the service piston, Woodward HRT P/N 4102001– a servo actuator containing a newly- history of the Model S–76 helicopters 001. Our understanding is that a designed servo actuator piston. That prior to the August 2005 accident found ‘‘reworked piston’’ is the same as an action revised our previous proposal, no incidents of loss of control of a ‘‘overhauled piston.’’ We agree and have issued on April 21, 2006, which was helicopter as a result of servo actuator made those changes. published in the Federal Register on leakage or plasma spray flaking. Sikorsky further states that the 1,500 May 2, 2006 (71 FR 25783), and which However, because of safety concerns hours check represents a new restrictive proposed to require inspecting the surrounding the overhaul of these two requirement to Chapter 4 of the hydraulic fluid for contamination; servo pistons and the plasma spray Airworthiness Limitations and removing the requirement to reduce the flaking, this AD requires phasing these Inspection Requirements (ALIR). The interval for overhauling an affected overhauled pistons out of service. No 1,500 hours time-since-new (TSN) or servo actuator from 3,000 to 2,000 hours later than 3,000 hours TIS or upon time-since-overhaul (TSO) action in the TIS; revising the initial inspection time; discovering fluid leakage exceeding 700 AD is an ‘‘inspection’’ that must be and removing the 600 hours TIS cc per minute, any overhauled piston performed by a mechanic, not a ‘‘check’’ repetitive hydraulic fluid leak must be replaced with a non-overhauled that we sometimes allow a pilot to inspection. piston—either P/N 41012001–001, that perform. We agree that this revises the Interested persons have been afforded has improved bonding qualities, or P/N airworthiness limitations of the an opportunity to participate in the 41012001. When these non-overhauled maintenance manual, and we have making of this amendment. Due pistons are installed, the –109 and –110 placed a statement indicating that in the consideration has been given to the servo actuators must be re-identified as AD. Further, Sikorsky states that this three comments received in response to either Sikorsky or Woodward HRT –111 ‘‘check’’ should be performed in the SNPRM. Comments submitted in servo actuators. It is our intent that, accordance with the maintenance response to the NPRM were addressed although the servo actuator piston may manual. Because we have not specified in the SNPRM. no longer be overhauled, the servo an alternative manner for performing One commenter, Copterline Oy, states actuator may be overhauled using a non- this ‘‘inspection’’, you must use a through their law firm that the design of overhauled piston. Thus, the –109 and procedure that is acceptable to the FAA, the overhauled servo actuator piston –110 servo actuators are being phased which most probably will be the head has not been approved by the FAA out along with overhauled servo procedures stated in the maintenance and is therefore not airworthy. They pistons. manual. This is true of any maintenance state that the cause of an accident A second commenter, the NTSB, action on all products. It is generally involving a Sikorsky Model S–76 states: ‘‘When checking servo actuators understood, and need not be stated in helicopter, which occurred on August for contamination and leakage, the every AD. Therefore, no change is being 10, 2005, was plasma flaking from the inspections must be redundant enough made to the AD based on this comment. piston head of the pistons in the and the inspection intervals short The substance of other general forward servo actuator, which quickly enough to ensure that missing a problem comments by Sikorsky has been led to a deterioration of the seals that during any single inspection does not addressed in the SNPRM. are intended to prevent leakage. The result in a potential catastrophic failure After careful review of the available commenter also states that ‘‘testing for of the aircraft.’’ They state that we data, including the comments noted leakage at 500 or even 100 hour should require overhauling any affected above, the FAA has determined that air intervals will not provide any assurance servo actuator at intervals of 2,000 hours safety and the public interest require the that the servo actuator will function TIS, and require a 600 hours TIS adoption of the rule, with the previously even few hours after the test has been repetitive hydraulic fluid leak stated changes. performed.’’ They conclude that ‘‘all inspection, as stated in the proposed AD We estimate that this AD will affect unairworthy servo actuators with that we issued on April 21, 2006 (71 FR 300 helicopters (900 servo actuators) of plasma coating lapped over and across 25783, May 2, 2006). U.S. registry. We also estimate that the the head of the piston should be We do not agree. Our review of the leakage rate inspection will take about removed from service immediately’’, and Model S–76 helicopter service history 1 work hour per servo actuator at an

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average labor rate of $85 per work hour, We are issuing this rulemaking under on or before reaching 1,500 hours TSN or and the two leakage rate inspections on the authority described in Subtitle VII, TSO. This 1,500 hour TSN or TSO inspection 900 servo actuators will cost about Part A, Subpart III, Section 44701, revises the airworthiness limitations section $153,000. We estimate that 6 servo ‘‘General requirements.’’ Under that of the applicable maintenance manual. actuators, Sikorsky P/N 76650–09805– section, Congress charges the FAA with (b) For a servo actuator with 2,250 or less hours TSN or TSO, but more than 1,500 109 or –110, will need to be replaced promoting safe flight of civil aircraft in hours TSN or TSO, determine the leakage with servo actuators, Sikorsky P/N air commerce by prescribing regulations rate on or before reaching 2,250 hours TSN 76650–09805–111. Assuming an for practices, methods, and procedures or TSO. estimated 8 work hours per servo the Administrator finds necessary for (c) If the leakage rate in any servo actuator actuator for installation and a cost of safety in air commerce. This regulation exceeds 700 cc per minute when performing $57,000 per servo actuator, the total cost is within the scope of that authority the leakage rate inspection specified in of installing these servo actuators will because it addresses an unsafe condition paragraph (a) or (b) of this AD, then: be $346,080. We estimate that the cost that is likely to exist or develop on (1) Replace that servo actuator piston, HR of replacing the pistons in the remaining products identified in this rulemaking Textron or Woodward HRT P/N 41004321 or 894 servo actuators will cost $7,321,860, action. P/N RW41004321, with a servo actuator piston, P/N 41012001 or P/N 41012001–001, assuming 14 work hours to replace the List of Subjects in 14 CFR Part 39 and re-identify the servo actuator on the pistons and install the servo actuator, servo actuator data plate as Sikorsky P/N and a cost of $3,500 per piston (2 Air transportation, Aircraft, Aviation ‘‘76650–09805–111’’ and Woodward HRT pistons per servo). Therefore, the total safety, Safety. P/N ‘‘3006760–111’’ using a metal stamp estimated cost of this AD is $7,820,940. Adoption of the Amendment method; or (2) Replace the servo actuator with an Regulatory Findings ■ Accordingly, pursuant to the authority airworthy servo actuator, Sikorsky P/N We have determined that this AD will delegated to me by the Administrator, 76650–09805–111, Woodward HRT P/N not have federalism implications under the Federal Aviation Administration 3006760–111. Executive Order 13132. This AD will amends part 39 of the Federal Aviation (d) On or before 3,000 hours TSN or TSO, not have a substantial direct effect on Regulations (14 CFR part 39) as follows: whichever occurs first, replace each servo actuator piston and re-identify the servo the States, on the relationship between actuator as specified in paragraph (c)(1) of the national Government and the States, PART 39—AIRWORTHINESS DIRECTIVES this AD or replace each servo actuator as or on the distribution of power and specified in paragraph (c)(2) of this AD. responsibilities among the various ■ 1. The authority citation for part 39 (e) Modifying and re-identifying each servo levels of government. continues to read as follows: actuator as specified in paragraph (c)(1) of For the reasons discussed above, I this AD or replacing each servo actuator as certify that the regulation: Authority: 49 U.S.C. 106(g), 40113, 44701. specified in paragraph (c)(2) of this AD is 1. Is not a ‘‘significant regulatory § 39.13 [Amended] terminating action for the requirements of action’’ under Executive Order 12866; this AD for the modified and re-identified or ■ 2. Section 39.13 is amended by adding 2. Is not a ‘‘significant rule’’ under the replaced servo actuator. a new airworthiness directive to read as DOT Regulatory Policies and Procedures (f) To request a different method of follows: compliance or a different compliance time (44 FR 11034, February 26, 1979); and for this AD, follow the procedures in 14 CFR 2010–10–02 Sikorsky Aircraft Corporation: 3. Will not have a significant 39.19. Contact the Manager, Boston Aircraft economic impact, positive or negative, Amendment 39–16281. Docket No. FAA–2006–24587; Directorate Identifier Certification Office, FAA, ATTN: Terry Fahr, on a substantial number of small entities Aviation Safety Engineer, 12 New England under the criteria of the Regulatory 2006–SW–05–AD. Applicability: Model S–76A, B, and C Executive Park, Burlington, MA 01803, Flexibility Act. helicopters, with a main rotor servo actuator telephone (781) 238–7155, fax (781) 238– We prepared an economic evaluation (servo actuator), Sikorsky Aircraft 7170, for information about previously of the estimated costs to comply with Corporation (Sikorsky) part number (P/N) approved alternative methods of compliance. this AD. See the AD docket to examine 76650–09805–109 or –110 (also marked as (g) The Joint Aircraft System/Component the economic evaluation. HR Textron or Woodward HRT P/N (JASC) Code is 6730: Rotorcraft Servo 3006760–109 or –110), installed, certificated System. Authority for This Rulemaking in any category. (h) This amendment becomes effective on June 17, 2010. Title 49 of the United States Code Compliance: Required as indicated, unless specifies the FAA’s authority to issue accomplished previously. Issued in Fort Worth, Texas, on April 27, rules on aviation safety. Subtitle I, To detect leaking in a servo actuator, 2010. which could lead to degraded servo actuator Mark R. Schilling, Section 106, describes the authority of performance and subsequent loss of control the FAA Administrator. Subtitle VII, of the helicopter, do the following: Acting Manager, Rotorcraft Directorate, Aviation Programs, describes in more (a) For a servo actuator with 1,500 or less Aircraft Certification Service. detail the scope of the Agency’s hours time since new (TSN) or time since [FR Doc. 2010–10588 Filed 5–12–10; 8:45 am] authority. overhaul (TSO), determine the leakage rate BILLING CODE 4910–13–P

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Proposed Rules Federal Register Vol. 75, No. 92

Thursday, May 13, 2010

This section of the FEDERAL REGISTER Washington, DC 20590, between 9 a.m. between 9 a.m. and 5 p.m., Monday contains notices to the public of the proposed and 5 p.m., Monday through Friday, through Friday, except Federal holidays. issuance of rules and regulations. The except Federal holidays. The Docket Operations office (telephone purpose of these notices is to give interested You may get the service information (800) 647–5527) is located in Room persons an opportunity to participate in the identified in this proposed AD from W12–140 on the ground floor of the rule making prior to the adoption of the final rules. Sikorsky Aircraft Corporation, Attn: West Building at the street address Manager, Commercial Technical stated in the ADDRESSES section. Support, mailstop s581a, 6900 Main Comments will be available in the AD DEPARTMENT OF TRANSPORTATION Street, Stratford, CT, telephone (203) docket shortly after receipt. 383–4866, e-mail address Discussion Federal Aviation Administration [email protected], or at http:// www.sikorsky.com. This document proposes adopting a 14 CFR Part 39 You may examine the comments to new AD for the Sikorsky Model S–70A this proposed AD in the AD docket on [Docket No. FAA–2010–0490; Directorate and S–70C helicopters. This proposal Identifier 2010–SW–037–AD] the Internet at http:// would require a UT inspection of the www.regulations.gov. gear for a crack. If you find a crack, RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: replacing the gear with an airworthy Airworthiness Directives; Sikorsky Terry Fahr, Aviation Safety Engineer, gear would be required before further Aircraft Corporation (Sikorsky) Model Boston Aircraft Certification Office, 12 flight. This proposal is prompted by S–70A and S–70C Helicopters New England Executive Park, three gear crack incidents, one of which Burlington, MA 01803, telephone (781) resulted in the tail rotor separating from AGENCY: Federal Aviation 238–7155, fax (781) 238–7170. the helicopter. The tail gearbox on the Administration, DOT. SUPPLEMENTARY INFORMATION: helicopter where the tail rotor separated ACTION: Notice of proposed rulemaking from the helicopter experienced a (NPRM). Comments Invited fracture of the output shaft spline that We invite you to submit any written drives the tail rotor blades. An SUMMARY: This document proposes data, views, or arguments regarding this investigation into the cause of the cracks adopting a new airworthiness directive proposed AD. Send your comments to is ongoing. The unsafe condition (AD) for the Sikorsky Model S–70A and the address listed under the caption described previously, if not corrected, S–70C helicopters. This proposal would ADDRESSES. Include the docket number could result in a tail rotor separating, require an ultrasonic test (UT) ‘‘FAA–2010–0490, Directorate Identifier loss of tail rotor control, and subsequent inspection of the tail gearbox output 2010–SW–037–AD’’ at the beginning of loss of control of the helicopter. bevel gear (gear) for a crack. If you find your comments. We specifically invite We have reviewed Sikorsky Alert a crack, replacing the gear with an comments on the overall regulatory, Service Bulletin No. 70–06–28A, airworthy gear before further flight economic, environmental, and energy Revision A, dated May 21, 2009 (ASB), would be required. This proposal is aspects of the proposed AD. We will which refers to procedures for a UT prompted by three gear cracking consider all comments received by the inspection of the gear in accordance incidents, one of which resulted in the closing date and may amend the with Special Service Instructions (SSI) tail rotor separating from the helicopter. proposed AD in light of those No. 70–121A or latest revision. The actions specified by this proposed comments. AD are intended to detect a crack in the We will post all comments we This unsafe condition is likely to exist gear to prevent a tail rotor separating, receive, without change, to http:// or develop on other helicopters of the loss of tail rotor control, and subsequent www.regulations.gov, including any same type design. Therefore, the loss of control of the helicopter. personal information you provide. We proposed AD would require a UT DATES: Comments must be received on will also post a report summarizing each inspection of the gear, part number or before July 12, 2010. substantive verbal contact with FAA 70358–06620, for a crack. If you find a crack, the AD requires replacing the gear ADDRESSES: Use one of the following personnel concerning this proposed with an airworthy gear before further addresses to submit comments on this rulemaking. Using the search function flight. The actions would be required to proposed AD: of our docket web site, you can find and • Federal eRulemaking Portal: Go to read the comments to any of our be to be done by following the SSI http://www.regulations.gov. Follow the dockets, including the name of the described previously. instructions for submitting comments. individual who sent or signed the We estimate that this proposed AD • Fax: 202–493–2251. comment. You may review the DOT’s would affect 5 helicopters of U.S. • Mail: U.S. Department of complete Privacy Act Statement in the registry, and the proposed actions Transportation, Docket Operations, M– Federal Register published on April 11, would take about 4 work hours per 30, West Building Ground Floor, Room 2000 (65 FR 19477–78). helicopter at an average labor rate of $85 W12–140, 1200 New Jersey Avenue, SE., per work hour. Required parts would Washington, DC 20590. Examining the Docket cost about $20,000 for each gear. Based • Hand Delivery: U.S. Department of You may examine the docket that on these figures, we estimate the total Transportation, Docket Operations, M– contains the proposed AD, any cost impact of the proposed AD on U.S. 30, West Building Ground Floor, Room comments, and other information in operators to be $101,700, assuming the W12–140, 1200 New Jersey Avenue, SE., person at the Docket Operations office gear is replaced on the entire fleet.

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Regulatory Findings PART 39—AIRWORTHINESS DEPARTMENT OF TRANSPORTATION DIRECTIVES We have determined that this Federal Aviation Administration proposed AD would not have federalism 1. The authority citation for part 39 implications under Executive Order continues to read as follows: 14 CFR Part 39 13132. Additionally, this proposed AD would not have a substantial direct Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. FAA–2010–0488; Directorate effect on the States, on the relationship Identifier 2008–SW–20–AD] § 39.13 [Amended] between the national Government and RIN 2120–AA64 the States, or on the distribution of 2. Section 39.13 is amended by power and responsibilities among the adding a new airworthiness directive to Airworthiness Directives; Arrow various levels of government. read as follows: Falcon Exporters, Inc. (previously Utah State University) et al. Model HH–1K, For the reasons discussed above, I Sikorsky Aircraft Corp.: Docket No. FAA– TH–1F, TH–1L, UH–1A, UH–1B, UH–1E, certify that the proposed regulation: 2010–0490; Directorate Identifier 2010– UH–1F, UH–1H, UH–1L, and UH–1P 1. Is not a ‘‘significant regulatory SW–037–AD. Helicopters; and Southwest Florida action’’ under Executive Order 12866; Applicability Aviation Model UH–1B (SW204 and 2. Is not a ‘‘significant rule’’ under the SW204HP) and UH–1H (SW205) DOT Regulatory Policies and Procedures Model S–70A and S–70C helicopters, tail Helicopters (44 FR 11034, February 26, 1979); and gearbox output bevel gear (gear), part number 70358–06620, certificated in any category. AGENCY: Federal Aviation 3. Will not have a significant Administration, DOT. economic impact, positive or negative, Compliance ACTION: Notice of proposed rulemaking on a substantial number of small entities Required as indicated. (NPRM). under the criteria of the Regulatory To prevent a tail rotor separating, loss of Flexibility Act. tail rotor control, and subsequent loss of SUMMARY: This document proposes We prepared a draft economic control of the helicopter, do the following: adopting a new airworthiness directive evaluation of the estimated costs to (a) Within 500 hours time-in-service (TIS), (AD) for the specified model comply with this proposed AD. See the unless accomplished previously, and helicopters. The AD would require AD docket to examine the draft thereafter at intervals not to exceed 500 hours inspecting each affected tail rotor blade economic evaluation. TIS, remove the tail rotor servo control and (blade) forward tip weight retention pitch beam shaft, and using a Level II block (tip block) and the aft tip closure Authority for This Rulemaking Ultrasonic Testing Technician or equivalent, (tip closure) for adhesive bond voids Title 49 of the United States Code ultransonic inspect the gear for a crack. and removing any blade with an specifies the FAA’s authority to issue Ultrasonic inspect the gear by following excessive void from service. This AD rules on aviation safety. Subtitle I, paragraphs A.(5)a. through A(5)n., Note 7, would also require modifying certain section 106, describes the authority of Special Service Instructions (SSI) No. 70– blades by installing shear pins and tip the FAA Administrator. Subtitle VII, 121A, Revision A, dated May 21, 2009. If you closure rivets. This proposal is find a crack, before further flight, replace the Aviation Programs, describes in more prompted by five occurrences of missing gear with an airworthy gear. detail the scope of the Agency’s tip blocks or tip closures resulting in (b) To request a different method of authority. minor to substantial damage to blades compliance or a different compliance time installed on Bell Model 212 and 412 We are issuing this rulemaking under for this AD, follow the procedures in 14 CFR helicopters. The actions specified by the the authority described in subtitle VII, 39.19. Contact the Manager, Boston Aircraft proposed AD are intended to prevent part A, subpart III, section 44701, Certification Office, FAA, ATTN: Terry Fahr, loss of a tip block or tip closure, loss of ‘‘General requirements.’’ Under that Aviation Safety Engineer, Boston Aircraft a blade, and subsequent loss of control section, Congress charges the FAA with Certification Office, 12 New England of the helicopter. promoting safe flight of civil aircraft in Executive Park, Burlington, MA 01803, DATES: Comments must be received on air commerce by prescribing regulations telephone (781) 238–7155, fax (781) 238– or before July 12, 2010. for practices, methods, and procedures 7170, for information about previously ADDRESSES: Use one of the following the Administrator finds necessary for approved alternative methods of compliance. safety in air commerce. This regulation (c) The Joint Aircraft System/Component addresses to submit comments on this is within the scope of that authority (JASC) Code is: 6520: Tail rotor gearbox. proposed AD: • Federal eRulemaking Portal: Go to because it addresses an unsafe condition Issued in Fort Worth, Texas, on May 3, http://www.regulations.gov. Follow the that is likely to exist or develop on 2010. instructions for submitting comments. products identified in this rulemaking Mark R. Schilling, • Fax: 202–493–2251. action. • Acting Manager, Rotorcraft Directorate, Mail: U.S. Department of List of Subjects in 14 CFR Part 39 Aircraft Certification Service. Transportation, Docket Operations, M– [FR Doc. 2010–11423 Filed 5–12–10; 8:45 am] 30, West Building Ground Floor, Room Air transportation, Aircraft, Aviation W12–140, 1200 New Jersey Avenue, SE., safety, Incorporation by reference, BILLING CODE 4910–13–P Washington, DC 20590. Safety. • Hand Delivery: U.S. Department of The Proposed Amendment Transportation, Docket Operations, M– 30, West Building Ground Floor, Room Accordingly, pursuant to the W12–140, 1200 New Jersey Avenue, SE., authority delegated to me by the Washington, DC 20590, between 9 a.m. Administrator, the Federal Aviation and 5 p.m., Monday through Friday, Administration proposes to amend part except Federal holidays. 39 of the Federal Aviation Regulations You may get the service information (14 CFR part 39) as follows: identified in this proposed AD from Bell

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Helicopter Textron, Inc., P.O. Box 482, helicopters. The AD would require • Removing any blade that has a void Fort Worth, Texas 76101, telephone inspecting each affected blade tip block in excess of specified limitations. (817) 280–3391, fax (817) 280–6466. and the tip closure for adhesive bond • Modifying certain blades by You may examine the comments to voids and removing from service any installing shear pins. this proposed AD in the AD docket on blade with an excessive void. This AD • Modifying all affected blades by the Internet at http:// would also require modifying certain installing tip closure rivets and www.regulations.gov. blades by installing shear pins and tip reidentifying the modified blades by closure rivets. This proposal is adding an ‘‘FM’’ after the P/N. FOR FURTHER INFORMATION CONTACT: The actions would be required to be DOT/FAA Southwest Region, Michael prompted by five occurrences of missing done by following specified portions of Kohner, ASW–170, Aviation Safety tip blocks or tip closures resulting in minor to substantial damage to blades the ASB described previously. Engineer, Rotorcraft Directorate, installed on Bell 212 and 412 We estimate that this proposed AD Rotorcraft Certification Office, 2601 helicopters. This condition, if not would affect 716 helicopters of U.S. Meacham Blvd., Fort Worth, Texas corrected, could result in loss of a tip registry, but only 25 of those helicopters 76137, telephone (817) 222–5170, fax block or tip closure, loss of a blade, and will have the increased power rating. It (817) 222–5783. subsequent loss of control of the would take about 1 work hour to review SUPPLEMENTARY INFORMATION: helicopter. the helicopter records. Also, it would Comments Invited AD 2002–09–04, Amendment 39– take about 3 work hours to inspect the 12737 (67 FR 22349, May 3, 2002) was affected blades, install the shear pins We invite you to submit any written issued for the Bell Model 205A, 205A– and tip closure rivets, reidentify, and data, views, or arguments regarding this 1, 205B, 212, 412, 412CF, and 412EP dynamically balance the blade set at an proposed AD. Send your comments to helicopters and contained the same average labor rate of $85 per work hour. the address listed under the caption requirements proposed in this AD. AD Required supplies would cost about $45 ADDRESSES. Include the docket number 2007–22–02, Amendment 39–15238 (72 per helicopter. Based on these figures, ‘‘FAA–2010–0488, Directorate Identifier FR 60760, October 26, 2007), the total cost impact of the proposed AD 2008–SW–20–AD’’ at the beginning of superseded AD 2002–09–04 to expand on U.S. operators would be $68,360. your comments. We specifically invite the applicability to include other part These costs are assuming that the comments on the overall regulatory, and serial-numbered blades. Some of records review to determine the economic, environmental, and energy the blades in the applicability of AD applicability would be accomplished on aspects of the proposed AD. We will 2007–22–02 are eligible for installation the entire fleet of 716 helicopters. These consider all comments received by the on helicopters included in this costs also assume that the blade sets are closing date and may amend the proposed AD. The helicopters included installed on 25 helicopters with the proposed AD in light of those in this proposal may have an FAA- FAA-approved modification and that comments. approved modification that increases those helicopters would need to be We will post all comments we the helicopter’s power rating to the inspected and repaired. receive, without change, to http:// equivalent of the twin-engine Bell www.regulations.gov, including any Model 205B or 212 helicopter power Regulatory Findings personal information you provide. We rating. The Bell Model 205B and 212 We have determined that this will also post a report summarizing each helicopters are addressed in AD 2007– proposed AD would not have federalism substantive verbal contact with FAA 22–02. Consequently, the inspections implications under Executive Order personnel concerning this proposed and modifications required by AD 13132. Additionally, this proposed AD rulemaking. Using the search function 2007–22–02 also need to be mandated would not have a substantial direct of the docket Web site, you can find and for the helicopters included in this effect on the States, on the relationship read the comments to any of our proposal. between the national Government and dockets, including the name of the We have reviewed Bell Helicopter the States, or on the distribution of individual who sent or signed the Textron Alert Service Bulletin No. 212– power and responsibilities among the comment. You may review the DOT’s 00–111, Revision D, dated March 18, various levels of government. complete Privacy Act Statement in the 2005 (ASB), which describes procedures For the reasons discussed above, I Federal Register published on April 11, for inspecting and modifying certain certify that the proposed regulation: 2000 (65 FR 15477). blades. The ASB was issued as a result 1. Is not a ‘‘significant regulatory of an investigation of an in-flight loss of ’’ Examining the Docket action under Executive Order 12866; a tail rotor blade tip block, part number 2. Is not a ‘‘significant rule’’ under the You may examine the docket that (P/N) 212–010–750–105. The DOT Regulatory Policies and Procedures contains the proposed AD, any investigation revealed the countersunk (44 FR 11034, February 26, 1979); and comments, and other information in screws retaining the tip block were 3. Will not have a significant person at the Docket Operations office installed incorrectly, resulting in economic impact, positive or negative, between 9 a.m. and 5 p.m., Monday inadequate tip block retention. Reports on a substantial number of small entities through Friday, except Federal holidays. have also been submitted about loss of under the criteria of the Regulatory The Docket Operations office (telephone the tip closures from other blades Flexibility Act. (800) 647–5527) is located in Room possibly due to inadequate adhesive We prepared a draft economic W12–140 on the ground floor of the bonding in this area. evaluation of the estimated costs to West Building at the street address We have identified an unsafe comply with this proposed AD. See the stated in the ADDRESSES section. condition that is likely to exist or AD docket to examine the draft Comments will be available in the AD develop on other helicopters of these economic evaluation. docket shortly after receipt. same type designs. Therefore, the proposed AD would require the Authority for This Rulemaking Discussion following: Title 49 of the United States Code This document proposes adopting a • Inspecting the affected blades’ tip specifies the FAA’s authority to issue new AD for the specified model block and tip closure for voids. rules on aviation safety. Subtitle I,

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Section 106, describes the authority of UH–1B, UH–1E, UH–1F, UH–1H, UH–1L, Issued in Fort Worth, Texas, on May 3, the FAA Administrator. Subtitle VII, and UH–1P Helicopters; and Southwest 2010. Aviation Programs, describes in more Florida Aviation Model UH–1B (SW204 Mark R. Schilling, detail the scope of the Agency’s and SW204HP) and UH–1H (SW205) Acting Manager, Rotorcraft Directorate, authority. Helicopters: Docket No. FAA–2010– Aircraft Certification Service. We are issuing this rulemaking under 0488; Directorate Identifier 2008–SW– [FR Doc. 2010–11419 Filed 5–12–10; 8:45 am] 20–AD. the authority described in Subtitle VII, BILLING CODE 4910–13–P Part A, Subpart III, Section 44701, Applicability: Model HH–1K, TH–1F, TH– ‘‘General requirements.’’ Under that 1L, UH–1A, UH–1B, UH–1E, UH–1F, UH–1H, section, Congress charges the FAA with UH–1L, and UH–1P helicopters, and DEPARTMENT OF TRANSPORTATION promoting safe flight of civil aircraft in Southwest Florida Aviation Model UH–1B air commerce by prescribing regulations series (SW204 series and SW204HP) and Federal Aviation Administration for practices, methods, and procedures UH–1H series (SW205 series) helicopters, the Administrator finds necessary for with a tail rotor blade (blade), part number 14 CFR Part 71 safety in air commerce. This regulation (P/N) 212–010–750–009 through –129, all is within the scope of that authority serial numbers except serial numbers with a Proposed Modification of the Detroit, ‘‘ ’’ ‘‘ ’’ because it addresses an unsafe condition prefix of A or AFS, and the number MI, Class B Airspace Area; Public 11926, 13351, 13367, 13393, 13400, 13402, that is likely to exist or develop on Meetings 13515, 13540, 13568, 13595 through 13602, products identified in this rulemaking 13619, and subsequent larger numbers, AGENCY: Federal Aviation action. installed, certificated in any category. Administration (FAA), DOT. List of Subjects in 14 CFR Part 39 Compliance: Within 100 hours time-in- ACTION: Notice of public meetings. service, unless accomplished previously. Air transportation, Aircraft, Aviation To prevent loss of the forward tip weight SUMMARY: This notice announces three safety, Incorporation by reference, retention block (tip block) or aft tip closure fact-finding informal airspace meetings Safety. (tip closure), loss of the blade, and to solicit information from airspace The Proposed Amendment subsequent loss of control of the helicopter, users and others concerning a proposal do the following: Accordingly, pursuant to the to revise the Class B airspace area at authority delegated to me by the Note 1: A blade inspected and modified by Detroit, MI. The purpose of these Administrator, the Federal Aviation following either AD 2002–09–04 or 2007–22– meetings is to provide interested parties 02, for the Bell Helicopter Textron (Bell) Administration proposes to amend part an opportunity to present views, Model 205A, 205A–1, 205B, 212, 412, 412CF, recommendations, and comments on the 39 of the Federal Aviation Regulations and 412EP helicopters satisfies the (14 CFR part 39) as follows: proposal. All comments received during requirements of this AD. these meetings will be considered prior PART 39—AIRWORTHINESS (a) Inspect the tip block and tip closure of to any revision or issuance of a notice DIRECTIVES each blade for voids. Remove from service of proposed rulemaking. any blade with a void in excess of that DATES: The informal airspace meetings 1. The authority citation for part 39 allowed by the applicable maintenance or will be held on Tuesday, July 20, 2010, continues to read as follows: Component Repair and Overhaul Manual at 1:30 p.m.; Wednesday, July 21, 2010, Authority: 49 U.S.C. 106(g), 40113, 44701. limitations. (b) Inspect the tip block attachment at 5 p.m.; and Thursday, July 22, 2010, § 39.13 [Amended] countersink screws in the four locations to at 7:30 p.m. Comments must be received on or before September 6, 2010. 2. Section 39.13 is amended by determine if the head of each countersunk adding a new airworthiness directive to screw is flush with the surface of the ADDRESSES: (1) The meeting on read as follows: abrasion strip. The locations of these four Tuesday, July 20, 2010, will be held at screws are depicted on Figure 1 of Bell Alert Troy Holiday Inn, 2537 Rochester Court, Arrow Falcon Exporters, Inc. (previously Service Bulletin 212–00–111, Revision D, Troy, MI 48083. (2) The meeting on Utah State University); Firefly Aviation dated March 18, 2005 (ASB). If any of these Helicopter Services (previously Erickson Wednesday, July 21, 2010, will be held screws are set below the surface of the Air-Crane Co.); California Department of at Eastern Michigan University, Student Forestry; Garlick Helicopters, Inc.; abrasion strip or are covered with filler Event Center, Ballroom B, 2nd Floor, Global Helicopter Technology, Inc.; material, install shear pins by following the 900 Oakwood Street, Ypsilanti, MI Hagglund Helicopters, LLC (previously Accomplishment Instructions, Part A, Shear 48197. (3) The meeting on Thursday, Western International Aviation, Inc.); Pin Installation paragraphs, of the ASB. July 22, 2010, will be held at Monroe (c) Install the tip closure rivets on each International Helicopters, Inc.; Precision Holiday Inn Express, 1225 North Dixie Helicopters, LLC; Robinson Air Crane, blade, re-identify the modified blade by Inc.; San Joaquin Helicopters adding an ‘‘FM’’ after the P/N, and Highway, Monroe, MI 48162. (previously Hawkins and Powers dynamically balance the tail rotor hub Comments: Send comments on the Aviation, Inc.); S.M.&T. Aircraft assembly by following the Accomplishment proposal, in triplicate, to: Anthony D. (previously US Helicopters, Inc., UNC Instructions, Part B, Aft Tip Closure Rivet Roetzel, Manager, Operations Support Helicopter, Inc., Southern Aero Installation paragraphs, of the ASB. Group, Central Service Center, Air Corporation, and Wilco Aviation); Smith (d) To request a different method of Traffic Organization, Federal Aviation Helicopters; Southern Helicopter, Inc.; compliance or a different compliance time Administration, 2601 Meacham Southwest Florida Aviation for this AD, follow the procedures in 14 CFR Boulevard, Fort Worth, Texas 76137, or International, Inc. (previously Jamie R. 39.19. Contact the Manager, Rotorcraft Hill and Southwest Florida Aviation); by fax to (817) 321–7649. Tamarack Helicopters, Inc. (previously Certification Office, Rotorcraft Directorate, FOR FURTHER INFORMATION CONTACT: Tim Ranger Helicopter Services, Inc.); US ATTN: DOT/FAA Southwest Region, Michael Funari, FAA Detroit Metro (DTW) Helicopter, Inc. (previously UNC Kohner, ASW–170, Aviation Safety Engineer, ATCT, Building 801, Detroit Metro Helicopter, Inc.); West Coast 2601 Meacham Blvd., Fort Worth, Texas Airport, Detroit, MI 48242; (734) 955– 76137, telephone (817) 222–5170, fax (817) Fabrication; and Williams Helicopter 5000. Corporation (previously Scott Paper Co.) 222–5783, for information about previously Model HH–1K, TH–1F, TH–1L, UH–1A, approved alternative methods of compliance. SUPPLEMENTARY INFORMATION:

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Meeting Procedures ENVIRONMENTAL PROTECTION • Fax: Mr. Guy Donaldson, Chief, Air AGENCY Planning Section (6PD–L), at fax (a) Doors open 30 minutes prior to the number 214–665–7263. beginning of each meeting. The 40 CFR Part 52 • Mail: Mr. Guy Donaldson, Chief, meetings will be informal in nature and Air Planning Section (6PD–L), will be conducted by one or more [EPA–R06–OAR–2006–0132; FRL–9151–2] Environmental Protection Agency, 1445 representatives of the FAA Central Ross Avenue, Suite 1200, Dallas, Texas Service Center. A representative from Approval and Promulgation of 75202–2733. the FAA will present a briefing on the Implementation Plans; Texas; Excess • Hand or Courier Delivery: Mr. Guy planned modification to the Class B Emissions During Startup, Shutdown, Donaldson, Chief, Air Planning Section airspace at Detroit, MI. Each participant Maintenance, and Malfunction (6PD–L), Environmental Protection will be given an opportunity to deliver Activities Agency, 1445 Ross Avenue, Suite 1200, comments or make a presentation, Dallas, Texas 75202–2733. Such AGENCY: Environmental Protection although a time limit may be imposed. deliveries are accepted only between the Agency (EPA). hours of 8 a.m. and 4 p.m. weekdays Only comments concerning the plan to except for legal holidays. Special modify the Class B airspace area at ACTION: Proposed rule. arrangements should be made for Detroit, MI, will be accepted. SUMMARY: The EPA is proposing to deliveries of boxed information. (b) The meetings will be open to all partially approve and partially Instructions: Direct your comments to persons on a space-available basis. disapprove a revision to the Texas State Docket ID No. EPA–R06–OAR–2006– There will be no admission fee or other Implementation Plan (SIP) submitted by 0132. The EPA’s policy is that all charge to attend and participate. the Texas Commission on comments received will be included in the public docket without change and (c) Any person wishing to make a Environmental Quality (TCEQ) in a letter dated January 23, 2006 (the may be made available online at presentation to the FAA panel will be January 23, 2006 SIP submittal). This www.regulations.gov, including any asked to sign in and estimate the SIP submittal concerns revisions to 30 personal information provided, unless amount of time needed for such Texas Administrative Code (TAC) the comment includes information presentation. This will permit the panel Chapter 101, General Air Quality Rules, claimed to be Confidential Business to allocate an appropriate amount of Subchapter A General Rules; and Information (CBI) or other information time for each presenter. These meetings Subchapter F Emissions Events and the disclosure of which is restricted by will not be adjourned until everyone on Scheduled Maintenance, Startup, and statute. Do not submit information the list has had an opportunity to Shutdown Activities. This action through www.regulations.gov or e-mail address the panel. proposes approval of those portions of that you consider to be CBI or otherwise (d) Position papers or other handout the rule that are consistent with the protected from disclosure. The material relating to the substance of Clean Air Act (the Act), and disapproval www.regulations.gov Web site is an these meetings will be accepted. of those portions of the rule that are ‘‘anonymous access’’ system, which Participants wishing to submit handout inconsistent with the Act. We are means EPA will not know your identity or contact information unless you material should present an original and proposing disapproval of provisions that provide it in the body of your comment. two copies (3 copies total) to the provide for an affirmative defense If you send an e-mail comment directly presiding officer. There should be against civil penalties for excess emissions during planned maintenance, to EPA without going through additional copies of each handout www.regulations.gov, your e-mail available for other attendees. startup, or shutdown activities. A disapproval of these provisions means address will be automatically captured (e) These meetings will not be that an affirmative defense is not and included as part of the comment formally recorded. However, a summary available in the federally approved SIP that is placed in the public docket and of comments made at the meeting will for violations due to excess emissions made available on the Internet. If you be filed in the docket. during planned maintenance, startup, or submit an electronic comment, EPA shutdown activities. This action is in recommends that you include your Agenda for the Meetings accordance with section 110 of the Act. name and other contact information in the body of your comment and with any —Sign-in. DATES: Comments must be received on disk or CD–ROM you submit. If EPA —Presentation of meeting procedures. or before June 14, 2010. cannot read your comment due to —FAA explanation of the planned Class ADDRESSES: Submit your comments, technical difficulties and cannot contact B airspace area modifications. identified by Docket No. EPA–R06– you for clarification, EPA may not be OAR–2006–0132, by one of the able to consider your comment. —Solicitation of public comments. following methods: Electronic files should avoid the use of —Closing comments. • Federal eRulemaking Portal: http:// special characters, any form of Issued in Washington, DC, on May 6, 2010. www.regulations.gov. Follow the on-line encryption, and be free of any defects or instructions for submitting comments. Edith V. Parish, viruses. • U.S. EPA Region 6 ‘‘Contact Us’’ Docket: All documents in the docket Manager, Airspace and Rules Group. Web site: http://epa.gov/region6/ are listed in the www.regulations.gov [FR Doc. 2010–11496 Filed 5–12–10; 8:45 am] r6coment.htm. Please click on ‘‘6PD’’ index. Although listed in the index, BILLING CODE 4910–13–P (Multimedia) and select ‘‘Air’’ before some information is not publicly submitting comments. available, e.g., CBI or other information • E-mail: Mr. Guy Donaldson at whose disclosure is restricted by statute. [email protected]. Please also Certain other material, such as send a copy by e-mail to the person copyrighted material, will be publicly listed in the FOR FURTHER INFORMATION available only in hard copy. Publicly CONTACT section below. available docket materials are available

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either electronically in are proposing to approve Subchapter A, September 20, 1999, from Steven A. www.regulations.gov or in hard copy at section 101.1 (Definitions); and Herman, Assistant Administrator for the Air Planning Section (6PD–L), Subchapter F, sections 101.201 Enforcement and Compliance Assurance Environmental Protection Agency, 1445 (Emissions Event Reporting and and Robert Perciasepe, Assistant Ross Avenue, Suite 700, Dallas, Texas Recordkeeping Requirements), 101.211 Administrator for Air and Radiation, 75202–2733. The file will be made (Scheduled Maintenance, Startup, and entitled ‘‘State Implementation Plans: available by appointment for public Shutdown Reporting and Recordkeeping Policy Regarding Excess Emissions inspection in the Region 6 FOIA Review Requirements), 101.221 (Operational During Malfunctions, Startup, and Room between the hours of 8:30 a.m. Requirements), 101.222(a) through (g) Shutdown’’ (1999 Policy); EPA’s final and 4:30 p.m. weekdays except for legal (Demonstrations), and 101.223 (Actions rule for Utah’s sulfur dioxide control holidays. Contact the person listed in to Reduce Excessive Emissions) into the strategy (Kennecott Copper), April 27, the FOR FURTHER INFORMATION CONTACT Texas SIP. 1977 (42 FR 21472); EPA’s final rule for paragraph below to make an We are also proposing to disapprove Idaho’s sulfur dioxide control strategy, appointment. If possible, please make sections 101.222(h) (Planned November 8, 1977 (42 FR 58171); and the appointment at least two working Maintenance, Startup, or Shutdown the latest clarification of EPA’s policy days in advance of your visit. There will Activity), 101.222(i) (concerning issued on December 5, 2001 (2001 be a 15 cent per page fee for making effective date of permit applications), Policy). See the policy or clarification of photocopies of documents. On the day and 101.222(j) (concerning processing of policy at: http://www.epa.gov/ttn/oarpg/ of the visit, please check in at the EPA permit applications) of the January 23, t1pgm.html (URL dating July 22, 2008). Region 6 reception area at 1445 Ross 2006 submittal. We are proposing The EPA’s interpretation that the Act Avenue, Suite 700, Dallas, Texas 75202– disapproval of these provisions because prohibits the inclusion in SIPs of 2733. they provide for an affirmative defense automatic exemptions from emission The State submittal is also available against civil penalties for excess limitations for sources in certain for public inspection at the State Air emissions during planned maintenance, startup, shutdown, or malfunction Agency listed below during official startup, or shutdown activities. A situations was upheld by the United business hours by appointment: TCEQ, disapproval of these provisions means States Court of Appeals for the Sixth Office of Air Quality, 12124 Park 35 that an affirmative defense is not Circuit in Michigan Department Of Circle, Austin, Texas 78753. available for violations due to excess Environmental Quality v. Browner, 230 FOR FURTHER INFORMATION CONTACT: Mr. emissions during planned maintenance, F.3d 181 (6th Cir. 2000). startup, or shutdown activities in the Alan Shar, Air Planning Section (6PD– C. What is the background for this L), Environmental Protection Agency, federally-approved SIP. Based on our review of the January proposed rulemaking action? Region 6, 1445 Ross Avenue, Suite 700, 23, 2006 submittal, we believe that On March 30, 2005 (70 FR 16129), we Dallas, Texas 75202–2733, telephone sections 101.222(h), 101.222(i), and granted limited approval to SIP (214) 665–6691, fax (214) 665–7263, e- 101.222(j) are severable from, and revisions to Chapter 101, Subchapter A mail address [email protected]. independent of, the remainder of the and Subchapter F, including sections SUPPLEMENTARY INFORMATION: submittal. Therefore, our disapproval of 101.221 (Operational Requirements), Throughout this document ‘‘we,’’ ‘‘us,’’ sections 101.222(h), 101.222(i), and 101.222 (Demonstrations), and 101.223 and ‘‘our’’ refer to EPA. 101.222(j), and approval of the (Actions to Reduce Excessive Outline remainder of the January 23, 2006 Emissions). The rules concerned submittal, will not affect the reporting and recordkeeping I. Background implementation of the sections being requirements and enforcement actions A. What actions are we proposing? B. What documents did we use in our approved today for inclusion in the SIP. for excess emissions during startup, evaluation of the January 23, 2006, SIP See section 20 of our Technical Support shutdown, maintenance, and submittal? Document (TSD) prepared in malfunction activities. We granted C. What is the background for this conjunction with this document for limited rather than full approval of that proposed rulemaking action? more information. submission because we found sections D. Why are we proposing approval of 101.222(c) and (e) were ambiguous B. What documents did we use in our portions of the January 23, 2006 SIP because they could be interpreted to evaluation of the January 23, 2006, SIP submittal? provide an exemption from SIP E. Why are we proposing disapproval of submittal? sections 101.222(h), 101.222(i), and permitting requirements or an 101.222(j) of the January 23, 2006 SIP The EPA’s interpretation of the Act as affirmative defense for certain submittal? it applies to excess emissions occurring scheduled maintenance activities. See F. What happens if Texas continues to during periods of startup, shutdown, also our May 9, 2005 (70 FR 24348) implement section 101.222(h) as a State and malfunction is set forth in the proposal, and August 26, 2005 (70 FR law? following documents: A memorandum 50205) final rule granting limited II. Proposed Action dated September 28, 1982, from approval to an extension of the III. Statutory and Executive Order Reviews Kathleen M. Bennett, Assistant expiration dates for sections 101.221, I. Background Administrator for Air, Noise, and 101.222 and 101.223 to June 30, 2006. Radiation, entitled ‘‘Policy on Excess As discussed below, however, the A. What actions are we proposing? Emissions During Startup, Shutdown, approved provisions, 30 TAC 101.221, We are proposing to approve revisions Maintenance, and Malfunctions’’ (1982 101.222, and 101.223 have expired by to 30 TAC, General Air Quality Rule Policy); EPA’s clarification to the above their own terms, are no longer part of 101, Subchapter A General Rules; and policy memorandum dated February 15, the Texas SIP, and therefore are no Subchapter F Emissions Events and 1983, from Kathleen M. Bennett, longer enforceable under the SIP. Scheduled Maintenance, Startup, and Assistant Administrator for Air, Noise, On January 26, 2006 we received a Shutdown Activities of the January 23, and Radiation (1983 Policy); EPA’s letter, dated January 23, 2006, from the 2006 submittal as revisions to the policy memorandum reaffirming and Chairman of the TCEQ requesting EPA federally-approved SIP. Specifically, we supplementing the above policy, dated review and approve revisions to 30

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TAC, General Air Quality Rule 101, final disapproval action will mean that Requirements), and new sections Subchapter A General Rules; and no affirmative defense against civil 101.221 (Operational Requirements), Subchapter F Emissions Events and penalties will exist in the federally 101.222 (a) through (g) Scheduled Maintenance, Startup, and approved SIP for violations that occur (Demonstrations), and 101.223 (Actions Shutdown Activities. The January 23, during planned maintenance, startup, or to Reduce Excessive Emissions), into the 2006 submittal included revised 30 TAC shutdown activities. Texas SIP. TCEQ revised definitions in sections 101.1 (Definitions), 101.201 D. Why are we proposing approval of Subchapter A, section 101.1 as needed (Emissions Event Reporting and portions of the January 23, 2006 SIP to implement Subchapter F and to Recordkeeping Requirements), 101.211 submittal? implement other legislative changes. (Scheduled Maintenance, Startup, and The changes define ‘‘planned Shutdown Reporting and Recordkeeping The EPA interprets the Act such that maintenance, startup, or shutdown’’ and Requirements), and new sections all emissions in excess of limits ‘‘unplanned maintenance, startup, or 101.221 (Operational Requirements), established in a SIP, including among shutdown’’ activities; ‘‘excess opacity 101.222 (Demonstrations), and 101.223 other things, state control strategies and event;’’ and ‘‘emissions event;’’ and (Actions to Reduce Excessive New Source Review SIP permits, are replace the terms ‘‘facility’’ and ‘‘site’’ Emissions). The previous version of violations of the applicable emission with ‘‘regulated entity.’’ The submittal sections 101.221, 101.222, and 101.223 limitation because excess emissions also includes several revisions to the approved into the SIP in 2005 expired have the potential to interfere with SIP definition of ‘‘reportable quantity.’’ from the Texas SIP, by their own terms, attainment and maintenance of the See section 9 of the TSD for more on June 30, 2006. On March 23, 2006, National Ambient Air Quality Standards information. We believe that the we determined the January 23, 2006 (NAAQS), reasonable further progress, revisions to section 101.1 will provide submittal administratively complete as state control strategies, or with the for consistency among subchapters A reflected in a letter to the Chairman of protection of Prevention of Significant and F, and will facilitate the TCEQ. This administrative Deterioration (PSD) increments. implementation of the rule. Therefore, completeness letter is a part of the However, EPA recognizes that we are proposing to approve the docket and available for public review. imposition of a penalty for sudden and submitted revisions to section 101.1. On February 8, 2007, EPA met with unavoidable malfunctions, startups or Although we are proposing to approve TCEQ to discuss issues related to the shutdowns caused by circumstances all of the changes to the definitions entirely beyond the control of the owner January 23, 2006 SIP submittal. TCEQ section 101.1, including the definition or operator may not be appropriate. The responded to our questions in a letter for ‘‘planned maintenance, startup, or EPA has provided guidance on two dated April 17, 2007 from John F. Steib, shutdown,’’ as we have stated we are approaches States may use in Jr, Deputy Director, TCEQ Office of proposing to disapprove the regulatory addressing such excess emissions: Compliance and Enforcement to John provisions that would provide an enforcement discretion and affirmative Blevins, Director EPA Compliance affirmative defense for violations during defense to civil penalties. Under an Assurance and Enforcement Division these events. Our approval of the enforcement discretion approach, the (April 17, 2007 letter). The April 17, submitted definition ‘‘planned State (or another entity, such as EPA, 2007 letter is included in the docket for maintenance, startup, or shutdown’’ seeking to enforce a violation of the SIP) insures that the reporting and this action. may consider the circumstances We have reviewed the January 23, surrounding the event in determining recordkeeping requirements for these 2006 submittal including Texas’ whether to pursue enforcement. Under events will be appropriately applied. response to our August 8, 2005 the affirmative defense approach, the Revisions to sections 101.201 comment letter, and the April 17, 2007 State may establish an affirmative (Emissions Event Reporting and letter and determined that, with the defense that may be raised in the Recordkeeping Requirements) relate to exception of the affirmative defense context of an enforcement proceeding. how and where to report excess provisions discussed below, the January In an enforcement action, the defendant emission events. The revisions make 23, 2006 SIP submittal is consistent may raise a response or defense in an numerous changes to the terms of the with our interpretation of the Act. See action for civil penalties, regarding currently approved SIP, including section D of this document for more which the defendant has the burden to adding requirements to file initial information. We have determined that prove that certain criteria have been notifications and final reports with the one of the affirmative defense met. See page 2 of the attachment to the local air pollution agencies with provisions, new section 101.222(h) 1999 Policy. jurisdiction and to include TCEQ’s (Planned Maintenance, Startup, or Neither approach may waive regulated entity number with the report; Shutdown Activity) of the January 23, reporting requirements for the violation. modifying the requirement to report by 2006 submittal is inconsistent with the States are not required to provide an facility to instead require reporting by Act as interpreted in EPA policy and affirmative defense approach, but if they emission point; allowing reporting guidance, and therefore we are choose to do so, EPA will evaluate the without speciation of the pollutants proposing disapproval of the new State’s SIP rules for consistency with emitted for events that have a reportable section 101.222(h), and two related the Act as interpreted in our policy and quantity less than 100 pounds or provisions new sections 101.222(i), and guidance documents listed in section B amounts less than ten pounds per 24 101.222(j). See section E of this above. hours. Texas made a number of other document for more information. If we We are proposing to approve minor revisions to clarify reporting take final action to disapprove the new Subchapter A, revised section 101.1 requirements that are described in sections 101.222(h), (i) and (j), no (Definitions); and Subchapter F, revised section 10 of the TSD. We believe that sanctions or Federal Implementation sections 101.201 (Emissions Event these other revisions to the reporting Plan clocks will be started under section Reporting and Recordkeeping requirements will facilitate 179(b) of the Act, because Texas did not Requirements) and 101.211 (Scheduled implementation of the rule by clarifying submit these provisions to satisfy a Maintenance, Startup, and Shutdown the existing reporting requirements and mandatory requirement of the Act. A Reporting and Recordkeeping establishing a new requirement that

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local air pollution authorities be proposed approval of these reporting emission event is excessive. If emission informed of emissions events. See requirements for scheduled events are determined by the executive section 10 of the TSD for more maintenance, startup and shutdown director to be excessive, the source may information. Therefore, we are events is finalized, it only means that not assert an affirmative defense under proposing to approve the revisions to facilities will need to make these sections 101.222(b) through 101.222(e). section 101.201. required notifications. If we finalize our Section 101.222(b) adopts an affirmative Revisions to 101.211 (Scheduled proposed disapproval of section defense for non-excessive upset events. Maintenance, Startup, and Shutdown 101.222(h), an affirmative defense will We have determined that the affirmative Reporting and Recordkeeping not be available for violations due to defense provided by section 101.222(b) Requirements). This section of the SIP excess emissions during planned is consistent with the interpretation of was last approved on March 30, 2005 maintenance, startup, or shutdown the Act set forth in our 1999 Policy for (70 FR 16129) and had no expiration activities. the following reasons: (1) The rule does date. See Table II of the TSD. This New Section 101.221 (Operational not provide an exemption from section describes the requirements for Requirements) discusses the compliance with applicable emission owners and operator to make an initial requirement to maintain air pollution limitations; (2) The affirmative defense notification at least 10 days prior to a equipment in good working order. A provided is limited to upset or scheduled maintenance, startup or previous version of this section was part malfunctions; (3) The affirmative shutdown activity and the requirements of the SIP but that provision expired. defense applies only to a judicial or This new section is important because to provide a final report within 2 weeks administrative enforcement action for a it provides the requirement that air after the event. Texas revised the rules violation of applicable emission pollution abatement equipment must be to clarify that, if during a scheduled limitations; (4) The defense applies only maintained and in good working order. maintenance activity additional to civil penalties and cannot be asserted Paragraph (d) in Section 101.221 maintenance is required that results in for an enforcement action for injunctive provides that the commission may unanticipated emissions, and that the relief. (5) The rule specifies criteria, exempt sources from control maintenance was unforeseeable and which must be met in order to assert the requirements when there is a lack of requires immediate corrective action to defense that are consistent with those technical knowledge. The new section avoid a malfunction, then the event is outlined in EPA’s 1999 Policy; (6) The 101.221 also clarifies that no considered an unplanned maintenance burden to prove that the criteria have exemptions can be authorized by the been met is on the owner or operator; activity or an upset depending on the commission for any federal reasons. This change is relevant to the (7) A determination by TCEQ that the requirements to maintain air pollution criteria have been met does not affirmative defense provisions in section control equipment, including 101.222 which require different criteria constitute a waiver of liability for the requirements such as New Source violation; (8) Nothing in the rule, to be demonstrated in order to assert the Performance Standards (NSPS) or affirmative defense for upsets and including a determination by the TCEQ, National Emissions Standards for would bar EPA or a citizen suit unplanned maintenance emission Hazardous Air Pollutants (NESHAP). In events versus planned maintenance, enforcement action for the emission its letter of April 17, 2007, Texas violation; (9) The affirmative defense startup, and shutdown activities. ‘‘ confirmed that the term federal cannot be asserted where the Another change to section 101.211 ’’ requirements includes any requirement unauthorized emissions cause or requires pre-reporting of the expected in the federally-approved SIP. Thus, the contribute to an exceedance of the duration of any maintenance, startup or State interprets this provision not to NAAQS, PSD increments or to a shutdown activity. Section 101.211(f) apply where the control requirement condition of air pollution; (10) The adopts the requirement for annual that has been approved as part of the affirmative defense may not be asserted reporting of emissions resulting from SIP. We believe that this interpretation against Federal performance or scheduled maintenance, startup, and is critical to allowing us to approve the technology-based standards such as shutdown activities by a regulated provision into the SIP. If the TCEQ were NSPS or NESHAP; (11) The affirmative entity. For entities subject to emission to be allowed to exempt sources from defense may not be asserted where the inventory (EI) reporting, the annual control requirements specified in the Executive Director of TCEQ determines emissions event report must be SIP, such action could undermine the submitted with the EI report. The attainment and maintenance of the that the emissions event is excessive annual emissions event report must NAAQS. Thus, new section 101.221 is under the criteria in section 101.222(a); include the total number of reportable approvable only because the State has and (12) The emissions event must be and non-reportable emissions events clarified that it does not allow reported to TCEQ under section 101.201 and quantity of emissions experienced exemptions to be provided for federal in order for the owner or operator to at the regulated entity. Major sources requirements including any requirement assert the affirmative defense. statewide and minor sources in in the federally-approved SIP. See Sections 101.222(c) and 101.222(e) nonattainment, maintenance, early sections 13 and 14 of the TSD for more provide a similar affirmative defense for action compact areas, and Nueces and information. unplanned maintenance, startup or San Patricio Counties are subject to the New section 101.222 shutdown activities that arise from annual emissions event reporting (Demonstrations) provides an sudden and unforeseeable events requirements. See section 7 of the TSD affirmative defense for certain emission beyond the control of the operator that for more information. These revisions to events. Emission events are defined in require immediate corrective action to section 101.211 will provide for the Texas rules as upsets that result in minimize or avoid an upset or reporting and recordkeeping provisions unauthorized emissions. Upsets are malfunction. This provision allows an associated with scheduled maintenance, defined in the Texas rules similar to the affirmative defense where the source or startup, and shutdown events, and will term malfunction used in EPA’s operator has the burden to prove that facilitate tracking of these events. guidance. Section 101.222(a) provides maintenance activities undertaken arose Therefore, we are proposing to approve criteria in 101.222(a)(1) through from sudden or unforeseeable events the revisions to section 101.211. If our 101.222(a)(6) to determine if an beyond the control of the operator, that

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immediate corrective action was EPA’s guidance. See Table IV of our authorize startup, shutdown, and required to minimize or avoid an upset TSD. The affirmative defense criteria in maintenance activities from routine or or malfunction and that the criteria in section 101.222(d) are specifically normal operations based on facility’s section 101.222(c) or (e) have been met. tailored for opacity related activities and SIC code. The affirmative defense for TCEQ provided supplemental follow the pattern of the criteria in planned maintenance, startup, or information concerning sections 101.222(b). Therefore, we are proposing shutdown activities expires the earlier 101.222(c) and (e) in a letter dated April to approve the criteria in the section of one year after the application 17, 2007 (included in the docket for this 101.222(d) provision for the same deadlines in the rule or upon issuance action and available for public review) reasons we believe the criteria in or denial of a permit to authorize in response to questions from EPA. The 101.222(b) are consistent with our planned maintenance, startup, or April 17, 2007 letter confirmed that interpretation of the Act as outlined in shutdown activities. We believe that TCEQ interprets that unplanned our 1999 Policy, and we are proposing section 101.222(h) (Planned maintenance events are ‘‘functionally to approve section 101.222(d). See Table Maintenance, Startup, or Shutdown equivalent to EPA’s ‘malfunction’ with VII of our TSD for more information. Activity) is inconsistent with the Act as regards to applicability of an affirmative We are proposing to approve section interpreted in EPA’s long-standing defense.’’ See section 101.1(109)(B). 101.222(f) (Obligations) because this national policy on excess emissions Also see Tables III and VIII of our TSD. section provides that an affirmative during startup, shutdown, maintenance, The EPA agrees that TCEQ’s treatment defense cannot apply to violations of and malfunction activities and in of ‘‘unplanned maintenance, startup, or federally promulgated performance or actions taken by EPA regarding excess- shutdown activity’’ is functionally technology-based standards, such as emissions-related SIP revisions for other equivalent to EPA’s policy definition of those found in 40 CFR parts 60, 61, and states; therefore, we are proposing malfunction. See pages 1 and 2 of the 63. This is consistent with EPA’s disapproval of the provision. If we April 17, 2007 letter for details. In interpretation of the Act as provided in finalize the disapproval, this provision addition, the affirmative defense the 1999 Policy at page 3. would not be included as part of the provided by TCEQ, including the New Section 101.223 (Actions to Texas SIP. criteria that a source must prove in Reduce Excessive Emissions) provides Section 101.222(h) provides an asserting the affirmative defense is for a corrective action plan and written affirmative defense for planned consistent with EPA’s recommended notification concerning excessive maintenance activities. It is EPA’s long- policy approach for providing an emission events. This section will standing position expressed in guidance affirmative defense for excess emissions enhance the Texas SIP by providing a documents and other rulemakings that during a malfunction. Therefore, we are clear requirement for facilities planned maintenance activities are proposing approval of 101.222(c) and (e) determined to have excessive emission predictable events that are subject to into the Texas SIP. events to take necessary corrective planning to minimize releases, unlike As discussed elsewhere, we are actions to reduce the future occurrence malfunctions or upsets, which are proposing to disapprove section of such events. sudden, unavoidable or beyond the 101.222(h), which provides an In summary, we are proposing control of the owner or operator. Thus, affirmative defense for excess emissions approval of 30 TAC, General Air Quality States should require sources to comply during periods of planned maintenance, Rule 101, Subchapter A, revised section with the applicable emission limits startup or shutdown activities. Sections 101.1 (Definitions); and Subchapter F, during these activities. The EPA’s 101.222(c)(1) and 101.222(e)(1) both revised sections 101.201 (Emissions interpretation of section 110 of the Act include requirements for facilities to Event Reporting and Recordkeeping and related policies allows an report scheduled maintenance, startup, Requirements) and 101.211 (Scheduled affirmative defense to be asserted or shutdown activities. Our approval of Maintenance, Startup, and Shutdown against civil penalties in an enforcement sections 101.222(c)(1) and 101.222(e)(1) Reporting and Recordkeeping action for excess emissions activities only affirms a facility’s requirement to Requirements), and new sections which are sudden, unavoidable or provide notification of these events. 101.221 (Operational Requirements), caused by circumstances beyond the However, while we believe that it is 101.222 (Demonstrations, except control of the owner or operator and appropriate for sources to report such 101.222(h), 101.222(i), and 101.222(j)), where emissions control systems may events, we do not believe that it is and 101.223 (Actions to Reduce not be consistently effective, such as appropriate to provide an affirmative Excessive Emissions) into the Texas SIP. during startup or shutdown periods.1 defense for penalties for excess However, EPA has determined that it is E. Why are we proposing disapproval of emissions during these planned events. inappropriate to provide an affirmative sections 101.222(h), 101.222(i), and Because these events are planned, we defense for excess emissions resulting believe that sources should be able to 101.222(j) of the January 23, 2006 SIP from planned maintenance. The source comply with applicable emission limits submittal? or operator should be able to plan during these periods of time. As New Section 101.222(h) provides a maintenance that might otherwise lead discussed elsewhere, if we finalize our temporary affirmative defense for to excess emissions to coincide with disapproval of section 101.222(h), an planned maintenance, startup, or maintenance of production equipment affirmative defense will not be available shutdown activity emissions, which are or other facility shutdowns. Thus, EPA for unauthorized emissions during these currently unauthorized, meet certain activities. criteria, and have been reported in 1 We also note that we generally believe that for Section 101.222(d) concerns excess accordance with section 101.211. See planned startup and shutdown events, most sources opacity events due to an upset or should be able to comply with applicable emission section 101.1(109) or Table III of our limitations. However, for those sources and source opacity events that are not emissions TSD for the definition of unplanned categories where such compliance is not possible, events. As noted previously, emissions maintenance, startup, or shutdown the State should develop alternative, applicable events are upsets that result in activity. emission limits for such events, which they can unauthorized emissions. See 101.1(28). This section (101.222(h)) also sets consider in SIPs demonstrating attainment and maintenance of the NAAQS, rather than Upsets are defined in the Texas rules forth a time table for an owner or establishing an affirmative defense for such similar to the term malfunction used in operator to file a permit application to emission events.

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did not provide for an affirmative disapproved. See section 20 of our TSD alternative limits established through defense during maintenance activities in for more information. the permitting process cannot be the 1999 Policy. Because these events inconsistent with the applicable SIP. F. What happens if Texas continues to can be planned and because control implement section 101.222(h) as a State We want to make it clear that if we equipment can be consistently effective law? finalize this rulemaking action, sources during maintenance, EPA does not subject to the Chapter 101 Emission believe it is appropriate under the Act Historically, emissions from startup, Events rules should be aware of the gap to allow an affirmative defense for any shutdown and maintenance activities between the EPA-approved SIP and the excess emissions during maintenance were not included in Texas air permits revised State rules for excess emissions activities; any such events should be or authorizations; instead, such from such activities. The current EPA- addressed only through the exercise of emissions were subject to the State’s approved SIP does not provide for an enforcement discretion. Also see 72 FR emission events rules. The EPA expects affirmative defense to civil penalties in 5238 published February 5, 2007. We all emissions, including those emissions an EPA or citizen suit enforcement expressed our concern about providing during startup, shutdown and action for an exceedance of a SIP an affirmative defense to section maintenance activities, to be addressed requirement. If we finalize disapproval 101.222(h) related activities in our in permits issued under or of sections 101.222(h), 101.222(i) and August 8, 2005 comment letter to TCEQ authorizations provided by the 101.222(j), the EPA-approved SIP will (Comment #16); however, TCEQ did not approved SIP. Texas chose to adopt a provide an affirmative defense only for incorporate our comment in its final schedule for sources to apply for and unplanned activities and will continue adoption of the rule that was submitted the State to issue air permits to include to not provide an affirmative defense to to EPA. We have placed our August 8, emissions due to planned maintenance, a federal enforcement action for startup, or shutdown. Permit provisions 2005 comment letter to TCEQ in the violation of a SIP requirement due to addressing emission limitations for docket where it is available for public planned activities. review. Also, see April 27, 1977 (42 FR planned maintenance, startup, or shutdown activities cannot interfere The EPA considers any emissions not 21472); November 8, 1977 (42 FR authorized under the Act or the 58171); and August 23, 2000 (65 FR with compliance with applicable SIP requirements. For example, a permit regulations promulgated or approved 51412). For the above reasons, we are thereunder (e.g., exceedance of an proposing to disapprove section rule cannot alter or provide relief from the emission limits set forth in 30 TAC emission limitation or other applicable 101.222(h). SIP requirement) a violation. Any such Section 101.222(i) concerns the Chapter 115 for Volatile Organic unauthorized emissions should be scheduling and applicable effective Compounds or Chapter 117 for Oxides reported as a deviation under title V dates for permit applications submitted of Nitrogen. reporting and/or other applicable to TCEQ requesting that unauthorized Texas adopted this schedule through reporting requirements. Under the Act, emissions associated with the planned rulemaking in the new section maintenance, startup, or shutdown 101.222(h), which EPA has proposed to EPA and citizens may enforce the EPA- activities be permitted. Since section disapprove because it provides an approved SIP as federal law. Thus, as 101.222(i) is not severable from section affirmative defense for facilities with provided above, regulated sources 101.222(h), which we are proposing to permits that do not include emission remain subject to the requirements of disapprove, we are proposing to limitations for these types of activities the EPA-approved SIP and subject to disapprove section 101.222(i), as well. during the transition period. Under the potential enforcement for violations of Section 101.222(j) concerns State rule, which EPA has proposed not the SIP during a ‘‘SIP gap.’’ See EPA’s processing of permit applications be approved into the SIP, once a facility Revised Guidance on Enforcement referenced in 101.222(h), and provides receives a new federally enforceable During Pending SIP Revisions, dated the Executive Director with the permit or authorization that includes March 1, 1991. A source must comply authority to process, review, and permit emission limitations for these activities, with the EPA-approved SIP until and unauthorized emissions from planned an affirmative defense is no longer unless it is revised. See Train v. NRDC, maintenance, startup, or shutdown available. If the permittee has emissions 421 U.S. 60 (1975). activities. We explained our reasons for that exceed an emission limit in a SIP II. Proposed Action proposing to disapprove section permit and those emissions are due to 101.222(h) above. Since section planned maintenance, startup, or Today, we are proposing to approve 101.222(j) is not severable from section shutdown activities that had not been into the Texas SIP the following 101.222(h), which we are proposing to considered in the original issuance of provisions of 30 TAC General Air disapprove, we are proposing to the permit to a facility, this exceedance Quality Rule 101 as submitted on disapprove section 101.222(j), as well. can still be a violation of the SIP. As January 23, 2006: Based on our review of the January noted previously, these permits cannot Subchapter A 23, 2006 submittal, we believe our be inconsistent with the applicable SIP. disapproval of the submitted new Thus, if EPA takes final action to Revised section 101.1 (Definitions); sections 101.222(h), 101.222(i), and disapprove section 101.222(h), and and 101.222(j), which would result in such Texas continues to implement the new Subchapter F provisions not being included in the section 101.222(h) as a State law, there approved SIP, does not change the will be a ‘‘gap’’ between State law and Revised Section 101.201 (Emissions meaning or stringency of the portions of Federal law in the EPA-approved Texas Event Reporting and Recordkeeping the January 23, 2006 SIP submittal that SIP. The federally-approved SIP will not Requirements), we are approving and that would provide an affirmative defense for Revised Section 101.211 (Scheduled become a part of the federally planned maintenance, startup, or Maintenance, Startup, and Shutdown enforceable SIP. Therefore, sections shutdown activities, and EPA or other Reporting and Recordkeeping 101.222(h), 101.222(i), and 101.222(j) parties could seek enforcement of the Requirements), are severable from the remaining federally-approved limits in federal New Section 101.221 (Operational sections of the SIP and can be court. In addition, as stated above, any Requirements),

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New Section 101.222 • Does not have Federalism particulate matter with an aerodynamic (Demonstrations), except 101.222(h), implications as specified in Executive diameter of less than or equal to 10 101.222(i), and 101.222(j)), Order 13132 (64 FR 43255, August 10, microns (PM–10). EPA’s proposed New Section 101.223 (Actions to 1999); finding that the Fort Hall PM–10 Reduce Excessive Emissions). • Is not an economically significant nonattainment area has attained the 24- We are also proposing to disapprove regulatory action based on health or hour PM–10 NAAQS is based on EPA’s sections 101.222(h) (Planned safety risks subject to Executive Order review of complete, quality-assured Maintenance, Startup, or Shutdown 13045 (62 FR 19885, April 23, 1997); monitored air quality data for the three- Activity), 101.222(i) (concerning • Is not a significant regulatory action year period ending December 31, 2009. effective date of permit applications), subject to Executive Order 13211 (66 FR Preliminary data for 2010 indicate that and 101.222(j) (concerning processing of 28355, May 22, 2001); the area continues to attain the permit applications) into Texas SIP. The • Is not subject to requirements of standard. EPA is proposing to find that these 3 section 12(d) of the National EPA’s proposed determination of sections (101.222(h), 101.222(i), and Technology Transfer and Advancement attainment is not equivalent to a 101.222(j)) are not severable from each Act of 1995 (15 U.S.C. 272 note) because proposed redesignation to attainment other. application of those requirements would under CAA section 107(d)(3). If this III. Statutory and Executive Order be inconsistent with the Clean Air Act; proposal is finalized, the designation • Reviews Does not provide EPA with the status for the Fort Hall PM–10 discretionary authority to address, as nonattainment area would remain Under the Clean Air Act, the appropriate, disproportionate human moderate nonattainment until such time Administrator is required to approve a health or environmental effects, using as the area is redesignated to attainment SIP submission that complies with the practicable and legally permissible as provided in CAA section 107(d)(3). provisions of the Act and applicable methods, under Executive Order 12898 Federal regulations. If a portion of the DATES: Written comments must be (59 FR 7629, February 16, 1994); and received on or before June 14, 2010. plan revision meets all the applicable • This rule does not have tribal ADDRESSES: Submit your comments, requirements of this chapter and Federal implications as specified by Executive regulations, the Administrator may identified by Docket ID No. EPA–R10– Order 13175 (65 FR 67249, November 9, OAR–2008–0391, by one of the approve the plan revision in part. 42 2000), because the SIP is not approved U.S.C. 7410(k); 40 CFR 52.02(a). If a following methods: to apply in Indian country located in the A. http://www.regulations.gov. Follow portion of the plan revision does not state, and EPA notes that it will not meet all the applicable requirements of the on-line instructions for submitting impose substantial direct costs on tribal comments. this chapter and Federal regulations, the governments or preempt tribal law. Administrator may then disapprove B. E- Mail: R10– _ portions of the plan revision in part that Authority: 42 U.S.C. 7401 et seq. Public [email protected]. C. Mail: Donna Deneen, U.S. does not meet the provisions of the Act List of Subjects in 40 CFR Part 52 and applicable Federal regulations. 42 Environmental Protection Agency, U.S.C. 7410(k); 40 CFR 52.02(a). Thus, Environmental protection, Air Region 10, 1200 Sixth Avenue, Suite in reviewing SIP submissions, EPA’s pollution control, Hydrocarbons, 900, Mail Stop: AWT–107, Seattle, WA role is to approve state choices that meet Incorporation by reference, 98101. the criteria of the Act, and to disapprove Intergovernmental relations, Reporting D. Hand Delivery: U.S. Environmental state choices that do not meet the and recordkeeping requirements, Protection Agency, Region 10, Attn: criteria of the Act. Accordingly, this Volatile organic compounds. Donna Deneen (AWT–107), 1200 Sixth proposed action, in part, approves state Dated: May 5, 2010. Avenue, Suite 900, Seattle, Washington law as meeting Federal requirements Lawrence E. Starfield, 98101, 9th Floor. Such deliveries are and, in part, disapproves state law as Acting Regional Administrator, Region 6. only accepted during normal hours of not meeting Federal requirements; and operation, and special arrangements [FR Doc. 2010–11429 Filed 5–12–10; 8:45 am] should be made for deliveries of boxed does not impose additional BILLING CODE 6560–50–P requirements beyond those imposed by information. state law. For that reason, this proposed Instructions: Direct your comments to action: ENVIRONMENTAL PROTECTION Docket ID No. EPA–R10–OAR–2008– • Is not a ‘‘significant regulatory AGENCY 0391. EPA’s policy is that all comments action’’ subject to review by the Office received will be included in the public of Management and Budget under 40 CFR Part 81 docket without change and may be made available online at http:// Executive Order 12866 (58 FR 51735, [EPA–R10–OAR–2008–0391; FRL–9149–5] October 4, 1993); www.regulations.gov, including any • personal information provided, unless Does not impose an information Determination of Attainment for PM– the comment includes information collection burden under the provisions 10; Fort Hall PM–10 Nonattainment claimed to be Confidential Business of the Paperwork Reduction Act (44 Area, Idaho U.S.C. 3501 et seq.); Information (CBI) or other information • Is certified as not having a AGENCY: Environmental Protection whose disclosure is restricted by statute. significant economic impact on a Agency (EPA). Do not submit information that you substantial number of small entities ACTION: Proposed rule. consider to be CBI or otherwise under the Regulatory Flexibility Act (5 protected through http:// U.S.C. 601 et seq.); SUMMARY: EPA is proposing under the www.regulations.gov or e-mail. The • Does not contain any unfunded Clean Air Act (CAA) to determine that http://www.regulations.gov Web site is mandate or significantly or uniquely the Fort Hall PM–10 nonattainment area an ‘‘anonymous access’’ system, which affect small governments, as described on the Fort Hall Indian Reservation in means EPA will not know your identity in the Unfunded Mandates Reform Act Idaho has attained the National Ambient or contact information unless you of 1995 (Pub. L. 104–4); Air Quality Standards (NAAQS) for provide it in the body of your comment.

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If you send an e-mail comment directly IV. Statutory and Executive Order Reviews granted a request from the State of Idaho to EPA without going through http:// I. Background to divide the nonattainment area (as www.regulations.gov, your e-mail corrected) into two areas separated by address will be automatically captured A. PM–10 Standard the Fort Hall Indian Reservation and included as part of the comment The NAAQS are levels for certain boundary. 63 FR 59722. The area that is placed in the public docket and ambient air pollutants set by EPA to consisting of land under State made available on the Internet. If you protect public health and welfare. PM– jurisdiction that was previously part of submit an electronic comment, EPA 10, or particulate matter with an the Power-Bannock Counties recommends that you include your aerodynamic diameter less than or equal nonattainment area was renamed as the name and other contact information in to a nominal 10 micrometers, is among Portneuf Valley nonattainment area. The the body of your comment and with any the ambient air pollutants for which Portneuf Valley nonattainment area was disk or CD–ROM you submit. If EPA EPA has established health-based redesignated to attainment on July 13, cannot read your comment due to standards. On July 1, 1987 (52 FR 2006 (71 FR 39574). The area consisting technical difficulties and cannot contact 24634), EPA promulgated two primary of land within the exterior boundary of you for clarification, EPA may not be standards for PM–10: a 24-hour the Fort Hall Indian Reservation that able to consider your comment. standard of 150 micrograms per cubic was previously part of the Power- Electronic files should avoid the use of meter (μg/m3) and an annual PM–10 Bannock Counties nonattainment area is special characters, any form of standard of 50 μg/m3. EPA also now identified as the Fort Hall PM–10 encryption, and be free of any defects or promulgated secondary PM–10 nonattainment area. See 40 CFR 81.313. viruses. standards that were identical to the Today’s proposal applies only to the Docket: All documents in the primary standards. Fort Hall PM–10 nonattainment area. electronic docket are listed in the http:// Effective December 18, 2006, EPA C. PM–10 Planning in the Fort Hall PM– www.regulations.gov index. Although revoked the annual PM–10 standard but 10 Nonattainment Area listed in the index, some information, retained the 24-hour PM–10 standard. In the early 1990s, EPA, the i.e., CBI or other information whose 71 FR 61144 (October 17, 2006). The 24- disclosure is restricted by statute, is not Shoshone-Bannock Tribes (Tribes), and hour PM–10 standard is attained when the Idaho Department of Environmental publicly available. Certain other the expected number of days per material, such as copyrighted material, Quality (IDEQ) began to work together calendar year with a 24-hour to prepare the technical elements is not placed on the Internet and will be μ 3 concentration above 154 g/m , as needed to bring the area into attainment publicly available only in hard copy determined in accordance with 40 CFR form. Publicly available docket with the PM–10 NAAQS. Air quality part 50, appendix K, is equal to or less and other information from the 1980s materials are available either 1 than one. 40 CFR 50.6 and 40 CFR part and 1990s indicated that the elemental electronically in 50, appendix K. http://www.regulations.gov or in hard phosphorous facility located on fee copy during normal business hours at B. Fort Hall PM–10 Nonattainment Area lands within the Fort Hall PM–10 the Office of Air, Waste and Toxics, U.S. On August 7, 1987 (52 FR 29383), nonattainment area and owned and operated by FMC Corporation (FMC Environmental Protection Agency, EPA identified a number of areas across 2 Region 10, 1200 Sixth Avenue, Suite the country as PM–10 ‘‘Group I’’ areas of facility) was the primary cause of the 900, Seattle, Washington 98101. concern, that is, areas with a 95% or PM–10 nonattainment problem in the Fort Hall nonattainment area. To FOR FURTHER INFORMATION CONTACT: greater likelihood of violating the PM– address this nonattainment problem, Donna Deneen, (206) 553–6706 or 10 NAAQS and requiring substantial EPA promulgated a Federal [email protected]. planning efforts. What is now known as the Fort Hall PM–10 nonattainment area Implementation Plan for PM–10 SUPPLEMENTARY INFORMATION: was originally part of a Group I area emissions from the FMC facility in Throughout this notice, the words ‘‘we’’, called ‘‘Power-Bannock Counties August 2000 (FMC FIP) under the ‘‘us’’, or ‘‘our’’ means the Environmental (Pocatello).’’ In accordance with section authority of section 301(a) and (d)(4) of Protection Agency (EPA). 188(a) and (c)(1) of the CAA, at the time the CAA and 40 CFR 49.11(a). See 65 FR Table of Contents of designation all PM–10 nonattainment 51412 (August 23, 2000). The FMC FIP areas were initially classified as contained PM–10 emission limits and I. Background work practice, recordkeeping, and A. PM–10 Standard ‘‘moderate’’ by operation of law, with an attainment date of December 31, 1994. reporting requirements designed to B. Fort Hall PM–10 Nonattainment Area reduce PM–10 emissions from the FMC C. PM–10 Planning in the Fort Hall PM– See also 56 FR 11101 (March 15, 1991). 10 Nonattainment Area This original nonattainment area has facility to a level that would attain the D. Attainment Date for the Fort Hall PM– gone through two boundary changes. PM–10 standard. 10 Nonattainment Area First, on June 12, 1995, EPA corrected In December 2001, after operating E. Reclassification Upon Failure to Attain the ‘‘Power-Bannock Counties under the FMC FIP for approximately F. Portneuf Environmental Council (PEC) (Pocatello)’’ boundaries to more closely one year, the FMC facility ceased Lawsuit represent the air shed in which the City producing elemental phosphorous from G. Sierra Club Lawsuit phosphate ore. The buildings and II. Proposed Attainment Determination of Pocatello is located. 61 FR 29667. Second, on November 5, 1998, EPA process equipment on the property have A. What are the Requirements for since been decontaminated and Attainment Determinations? demolished and the construction debris B. What Monitoring Data are Available for 1 An exceedance is defined as a daily value that the Area? is above the level of the 24-hour standard (150 μg/ has been taken off-site. Removal of all 3 μ 3 C. What Do the Air Quality Data Show for m ) after rounding to the nearest 10 g/m (i.e. point sources identified in the FMC FIP the Area? values ending in 5 or greater are to be rounded up). was completed in November 2006. The Thus, a recorded value of 154 μg/m3 would not be D. Determination of Attainment an exceedance since it would be rounded to 150μ/ storage piles specifically identified in III. Proposed Action m3 whereas a recorded value of 155 μg/m3 would A. Proposed Determination of Attainment be an exceedance since it would be rounded to 160 2 The property on which the FMC was located is B. Withdrawal of June 19, 1998 Proposal μ/m3. See 40 CFR part 50, appendix K, section 1.0. now owned by FMC Idaho, LLC (FMC).

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the FIP have been taken off-site or the CAA states that EPA shall publish extended attainment date for the area), placed below grade and planted over. In a notice in the Federal Register within which would result in reclassification of a letter dated November 1, 2007, EPA six months after the applicable the area to serious nonattainment. EPA advised the Shoshone-Bannock Tribes attainment date identifying those areas expected that the FMC FIP, which was of EPA’s view that there no longer are that failed to attain the standard and promulgated just prior to the Sierra any sources subject to the FMC FIP that have been reclassified to serious by Club’s lawsuit, would be effective in because the FMC FIP applies to the operation of law. bringing the Fort Hall PM–10 owner or operator of an ‘‘elemental F. Portneuf Environmental Council nonattainment area into attainment of phosphorous facility’’ and because there (PEC) Lawsuit the PM–10 NAAQS. is no longer an ‘‘elemental phosphorous Subsequent amendments to the facility’’ located on the FMC property. On November 20, 1997, the Portneuf Consent Decree gave EPA additional All sources in the Fort Hall Environmental Council (PEC) filed a time to make a determination of nonattainment area, however, are lawsuit against EPA, alleging that EPA attainment or nonattainment for the subject to the Federal Air Rules for had failed to make a finding regarding Reservations (FARR) for Indian whether the Fort Hall PM–10 area. Under the terms of the most recent reservations in Idaho, Oregon, and nonattainment area 4 had attained the amendment to the Consent Decree with Washington, which are air quality PM–10 NAAQS by the December 31, Sierra Club, EPA is required to sign a regulations designed to protect health 1996, extended attainment date, as notice for publication in the Federal and welfare on Indian reservations required by CAA section 188(b)(2)(A). Register by August 31, 2010, containing located in the Pacific Northwest, Subsequently, EPA published a Federal either EPA’s final determination that the including the Fort Hall Indian Register notice on June 18, 1998, in Fort Hall nonattainment area has Reservation. See 67 FR 18074 (April 8, which EPA proposed to find that the attained the PM–10 NAAQS or EPA’s 2005) (codified at 40 CFR 49.121 to Fort Hall PM–10 nonattainment area final determination that the area did not 49.139). had failed to attain the PM–10 NAAQS attain the PM–10 NAAQS by the by the applicable attainment date of applicable attainment date of December D. Attainment Date for the Fort Hall December 31, 1996. See 63 FR 33605 31, 1996, and identifying the PM–10 Nonattainment Area (June 19, 1998). appropriate reclassification of the area As discussed above, the original As part of a subsequent settlement pursuant to 42 U.S.C. 7513(b)(2)(A). attainment date for the Fort Hall with PEC, PEC agreed to dismiss its nonattainment area was December 31, lawsuit against EPA provided that EPA II. Proposed Attainment Determination 1994. Section 188(d) authorizes the EPA promulgated no later than July 31, 2000 A. What are the requirements for Administrator to grant up to two one- a Federal Implementation Plan to attainment determinations? year extensions of the moderate area control PM–10 in the Fort Hall PM–10 attainment date, provided certain nonattainment area. EPA fulfilled its Generally, EPA determines whether requirements are met. Because the area obligation to promulgate the FMC FIP, an area’s air quality is meeting the PM– was not attaining the PM–10 NAAQS at and did not take final action on the June 10 NAAQS based upon complete, the time of the December 31, 1994 19, 1998 proposal regarding the quality-assured data gathered at attainment date, and finding that the attainment status for the area. established state and local air area met the requirements for an monitoring stations (SLAMS) and G. Sierra Club Lawsuit extension, EPA granted a request for a national air monitoring stations (NAMS) one-year extension and extended the On September 14, 2000, Sierra Club in the nonattainment areas and entered attainment date to December 31, 1995. and Group Against Smog and Pollution, into the EPA Air Quality System (AQS). See 61 FR 20730 (May 8, 1996). The area Inc. (jointly referred to as ‘‘Sierra Club’’) Data from air monitors operated by continued to violate the 24-hour PM–10 filed suit against EPA alleging that EPA state/local/tribal agencies in compliance standard through December 31, 1995. had failed to carry out its statutory with EPA monitoring requirements must After finding that the area met the obligations with respect to certain be submitted to AQS. EPA relies requirements for a second extension, nonattainment areas throughout the primarily on data in AQS when EPA granted a second one-year United States. The complaint included determining the attainment status of an extension of the attainment date to a claim that EPA had failed to make a area. See 40 CFR 50.6; 40 CFR part 50, December 31, 1996. See 61 FR 66602 finding regarding whether the Fort Hall appendix J; 40 CFR part 53; 40 CFR part (December 18, 1996).3 nonattainment area had attained the 58, appendix A. EPA will also consider PM–10 NAAQS by the extended air quality data from other air E. Reclassification Upon Failure to attainment date of December 31, 1996, Attain monitoring stations in the as required by CAA section 188(b)(2)(A). nonattainment area provided that the Section 188(b)(2) of the CAA requires The Sierra Club subsequently agreed in stations meet the federal monitoring EPA to determine within six months of a Consent Decree in settlement of its requirements for SLAMS, including the the applicable attainment date whether lawsuit to give EPA until July 31, 2004 quality assurance and quality control PM–10 nonattainment areas attained the to determine whether the Fort Hall area criteria in 40 CFR part 58, appendix A. PM–10 NAAQS by the attainment date. had attained the PM–10 standard. The 40 CFR 58.14 (2006) and 58.20 (2007); 5 Under Section 188(b)(2)(A), a moderate Consent Decree provided that if EPA 71 FR 61236, 61242 (October 17, 2006). PM–10 nonattainment area is was not able to determine that the Fort All valid data are reviewed to determine reclassified as serious by operation of Hall area had attained the PM–10 the area’s air quality status in law if EPA finds that the area was not standard by July 31, 2004, EPA had to in attainment by the applicable determine that the area had not attained 5 EPA promulgated amendments to the ambient attainment date. Section 188(b)(2)(B) of the standard by December 31, 1996 (the air monitoring regulations in 40 CFR parts 53 and 58 on October 17, 2006. See 71 FR 61236. The 3 At the time of the extensions, the Fort Hall PM– 4 At the time of the lawsuit, the Fort Hall PM– requirements for Special Purpose Monitors were 10 nonattainment area was still part of the Power- 10 nonattainment area was still part of the Power- revised and moved from 40 CFR 58.14 to 40 CFR Bannock County nonattainment area. Bannock County nonattainment area. 58.20.

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accordance with 40 CFR part 50, trends, both the Tribes and EPA area. The Ballard site was established appendix K. determined that background PM–10 because of concerns that the primary Attainment of the 24-hour PM–10 concentrations were adequately site property might no longer remain standard is determined by calculating characterized. Therefore, to conserve available for monitoring. With those the expected number of exceedances of resources, the Tribes and EPA agreed to concerns in mind, a saturation study the standard in a year. The 24-hour terminate operation of the FRM at the was conducted by the Tribes and EPA standard is attained when the expected background site in early 2000. Sampling prior to the establishment of the Ballard exceedances averaged over a three-year ended at the Sho-Ban site at the end of site to determine the correlation of period is less than or equal to one. March 2003 because the FMC facility monitoring data between the primary Generally, three consecutive years of air had ceased production and, given the site and several potential alternate sites. quality data are required to show close proximity of the Sho-Ban and The potential alternate sites represented attainment of the 24-hour PM–10 primary monitoring sites, the locations that were as close to the standard. See 40 CFR part 50 and comparability of the data between the primary site as possible and to which appendix K.6 two sites, and a continued interest in the Tribes had access. Temporary B. What monitoring data are available conserving resources, a single monitors were placed at these locations for the area? monitoring location was considered and operated in the late summer and sufficient to identify any remaining air early fall of 2006. The study showed In 1994 the Tribes requested and EPA quality concerns in the area. The that there was good correlation of data granted the Tribes program support primary FRM and the audit FRM at the between the primary site and several of grant funds to enable the Tribes to primary site remained in operation the potential alternate site locations and establish their own monitoring station through December 31, 2009, with the that the Ballard site was particularly to collect ambient air quality data primary FRM operating once every three desirable because a site pad and deck representative of conditions on the Fort days and the co-located audit FRM were already established at that Hall Indian Reservation and to generate operating once every six days, or once location.10 In light of the results from data to support Tribal air quality every three days, depending on whether the study, the relative proximity of the planning efforts.7 The first Tribal or not additional co-located data were Ballard site to the population center of monitor, located at the ‘‘Sho-Ban site,’’ needed to meet certain federal the nonattainment area, and the lack of was a Federal Reference Monitor (FRM) monitoring requirements.8 access to property closer to the primary that became operational in February In addition to the primary and audit site, the Ballard site was selected as an 1995. The Sho-Ban site was located filter-based FRMs, from November 1998 alternate site to the primary site. On approximately 100 feet north of the through September 2008, a continuous April 21, 2008, the primary FRM at the FMC facility across a frontage road. Because of operational problems, this PM–10 sampler, called a Tapered Ballard site became operational and Element Oscillating Microbalance continues to collect data on a once- monitor did not begin to collect valid 11 data until October 1996. Also in October monitor (TEOM), also operated at the every-three-day schedule. Based on a 1996, the Tribes initiated monitoring at primary site. Whereas it generally takes review of recent AQS data from April ‘‘ ’’ a minimum of several weeks to obtain 2008 through January 2010 showing two new sites. The primary site 9 contained an FRM located PM–10 data from a filter-based FRM, a good correlation between the Ballard approximately 100 feet north of the TEOM monitors PM–10 levels on a site and the primary site, the fact that FMC facility across the frontage road, continuous basis and provides real-time the Ballard site is closer in proximity to approximately 600 feet east of the Sho- data on PM–10 levels in an area. This the population center of the Ban site. There were two filter-based TEOM monitor was shut down in nonattainment area than the primary FRMs located at the primary site: The September 2008 because of a bad pump site, and the fact that the FMC facility primary FRM and a co-located audit and other operational problems and is no longer operating as an elemental FRM for quality assurance purposes. replaced by another type of continuous phosphorous facility, EPA believes that Both the Sho-Ban and primary sites sampler, called a Beta Attenuation Mass the Ballard monitoring site is were located in the general area of monitor (BAM). The BAM was installed representative of PM–10 levels in the expected maximum concentrations of at the primary site at the beginning of Fort Hall nonattainment area. PM–10 in the ambient air at the time the 2009, but because of start-up problems, Data collection at the primary site FMC facility was in operation. The did not begin to collect valid data until ended on December 31, 2009 because ‘‘background site’’ was an FRM site the fall of 2009. the property owner would not renew the located approximately one and one-half In 2008, an additional filter-based lease. At the request of the property miles southwest of the FMC facility, PM–10 monitor began operating in the owner, all monitoring and associated upwind of the predominant wind Fort Hall PM–10 nonattainment area. equipment was removed from the direction from FMC. All three This FRM monitor operates at the primary site, and beginning on January ‘‘ ’’ monitoring sites met EPA SLAMS Ballard site, which is located 1, 2010, the Ballard site became the only network design and siting requirements approximately 6 miles north of the PM–10 monitoring site in the set forth at 40 CFR part 58, appendices primary site and is closer than the nonattainment area. To meet monitoring D and E. primary site to the population center of network requirements, one of the FRMs Because the data reported at the the Fort Hall PM–10 nonattainment from the primary site was moved to the background site over a number of years Ballard site and began operating as an 8 remained constant, with no discernible At times a higher sampling frequency may be audit FRM in January 2010. The BAM needed in order to produce approximately 25 valid from the primary site was moved to the sample pairs per year. 40 CFR part 58 Appendix A, 6 Because the annual PM–10 standard was section 3.3.1.3. Ballard site and began operating in revoked effective December 18, 2006, see 71 FR 9 FRMs are manual samplers that pull air through 61144 (October 17, 2006), this notice discusses only a filter for 24 hours (midnight to midnight). The 10 Memo from Chris Hall to Donna Deneen, dated attainment of the 24-hour PM–10 standard. filters are then weighed in a lab and a PM January 19, 2007, regarding Fort Hall PM–10 7 Prior to this time, the Tribes relied on data from concentration is calculated based on the mass Saturation Study. State-operated samplers on State lands for area increase of the filter and the volume of air drawn 11 AQS raw data report for the Ballard site for designations and classifications. through it. 2010.

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April 2010. PM–10 monitoring for the three in 2008. All of the exceedances for 2007–2009. Preliminary data for Fort Hall PM–10 nonattainment area that have been recorded since FMC 2010 also indicate that the area continues at the Ballard site, with the ceased production of elemental continues to attain the standard. EPA PM–10 BAM operating daily, and both phosphorous in December 2001 regulations require that a determination the primary FRM and the audit FRM occurred on days with sustained winds of attainment be based on three collecting data on a once-every-three- of more than 20 mph for several hours. consecutive years of data that meet the day schedule. The exceedances in the relevant data quality assurance and quality control years for this determination are requirements of 40 CFR part 58, C. What do the air quality data show for discussed more fully in section D below. appendix A. EPA has confirmed that the area? complete air quality data in AQS for D. Determination of Attainment The number of PM–10 exceedances in 2007, 2008, and 2009 meet quality the Fort Hall PM–10 nonattainment area As discussed above, section 188(b)(2) assurance and quality control has dropped substantially since the area of the CAA requires EPA to determine requirements for use in determining was designated nonattainment in the within six months of the applicable attainment with the 24-hour PM–10 early 1990s. There were 16 exceedances attainment date whether the Fort Hall standard. recorded at the primary site in 1997, the PM–10 nonattainment area attained the For calendar years 2007 through 2009, first full year of monitoring for the area. PM–10 NAAQS by the extended the data recorded for the Fort Hall PM– The number of exceedances had attainment date of December 31, 1996. 10 nonattainment area show generally decreased to four in 1999, when FMC Under the terms of the most recent low levels of PM–10, with 99 percent of began installing some control amendment to the Consent Decree with the daily average concentrations below equipment and implementing some Sierra Club, EPA is required to sign a 83 μg/m3 (less than two-thirds of the emission reduction measures in notice for publication in the Federal standard) and annual average PM–10 anticipation of promulgation of the FMC Register by August 31, 2010 containing concentrations of 23 μg/m3, 28 μg/m3 FIP.12 By 2001, the first full year the either EPA’s final determination that the and 19 μg/m3 for 2007, 2008, and 2009, FMC FIP was in place and the final year Fort Hall PM–10 nonattainment area has respectively.14 There were no the FMC facility was fully operational, attained the PM–10 NAAQS or EPA’s exceedances of the standard in 2007, there were no exceedances recorded on final determination as to whether the three exceedances in 2008, and no the FRMs and three exceedances area attained or failed to attain the PM– exceedances in 2009. recorded on the TEOM. Beginning in 10 NAAQS by the extended attainment There were no exceedances of the 2002, the first year after the FMC facility date of December 31, 1996 and PM–10 standard measured at the ceased production, the FRMs at the identifying the appropriate primary site filter-based FRM monitors primary site reported one exceedance of reclassification of the area pursuant to or at the Ballard site. Table 1 identifies the 24-hour PM–10 standard in 2002 42 U.S.C. 7513(b)(2)(A). all the monitors that were operating in and one in 2006.13 The TEOM at the EPA is proposing to determine that the Fort Hall nonattainment area during primary site, which operated every day, the area has attained the PM–10 the 2007 through 2009 period, and the recorded one exceedance per year in standard based on the most recent three number of PM–10 exceedances recorded each of 2002, 2004, 2005, and 2006, and years of complete, quality-assured data at each.

TABLE 1—NUMBER OF EXCEEDANCES OF THE 24-HOUR PM–10 STANDARD IN THE FORT HALL PM–10 NONATTAINMENT AREA FROM JANUARY 1, 2007 THROUGH DECEMBER 31, 2009

Primary site— Primary site— Primary FRM Audit FRM Primary site— Primary site— Ballard site— TEOM 160770011 b BAM 160770011 b FRM 160050020 a 160770011 a (Data 160770011 a (Data Year from 01/01/2007 from 01/01/2007 (Data from 01/01/ (Data from 09/01/ (Data from 04/21/ through 12/31/ through 12/31/ 2007 through 09/ 2009 through 12/ 2008 through 12/ 2009) 2009) 23/2008) 31/2009) 31/2009)

2007 ...... 0 0 0 NA NA 2008 ...... 0 0 c 3 NA 0 2009 ...... 0 0 0 0 0 a Every-three-day sampling. b Continuous monitor. c Hourly wind speeds of more than 26 mph and sustained hourly wind speeds of more than 20 mph for several hours on the day of each exceedance.

The calculated number of expected primary site TEOM and BAM,16 and 0.0 are complete for 2007–2009,17 the data exceedances of the PM–10 standard (in for the Ballard site FRM. Because from these monitors may not be used for days per year) for 2007–2009 is 0.0 for neither the primary site TEOM and a determination of attainment. The data the primary site FRMs, 1.0 15 for the BAM data nor the Ballard site FRM data from these monitors may, however, be

12 Table dated April 26, 2010, summarizing the requirements and therefore may not be used to 16 The TEOM and BAM data are combined; the number of exceedances of the 24-hour PM–10 determine whether or not the Fort Hall area is in data for these two monitors was submitted under standard in the Fort Hall nonattainment area since attainment with the 24-hour PM–10 standard. See the same code in AQS and is considered one 1997. 40 CFR 58.11(a) and 58.20; 71 FR 61242 (October monitoring record. 13 Although EPA believes the data collected at the 17, 2006); see also 40 CFR 58.14 (2006). 17 The primary site TEOM ceased operations on FRMs and TEOM from 2004 through 2006 are 14 AQS PM–10 raw data report for primary site September 23, 2008, and the replacement primary generally indicative of air quality in the Fort Hall and Ballard site, 2007–2009. site BAM did not begin collecting valid data until PM–10 nonattainment area, they did not meet all 15 The value of 1.0 accounts for the three September 1, 2009. The Ballard site FRM did not quality assurance/quality control (QA/QC) exceedances that occurred in 2008. begin operating until April 21, 2008.

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used to determine that an area has not 2007). Under EPA’s Exceptional Events including the promulgation of the FIP, attained the standard, a showing that is Rule, EPA may exclude data from the cessation of the production of less stringent than a showing that an regulatory determinations related to elemental phosphorous at FMC, the low area has attained the standard. In this exceedances or violations of the NAAQS levels of PM–10 recorded in the area, case, neither the expected exceedance if it is adequately demonstrated that an and the consent decree with Sierra Club rate of 1.0 (for the primary site TEOM exceptional event caused the that provides for an attainment and BAM) nor the exceedance rate of 0.0 exceedance or violation. 40 CFR 50.1, determination for the Fort Hall PM–10 (for Ballard site FRM) show that the area 50.14. In this case, EPA need not nonattainment area based on 2007–2009 has failed to attain the PM–10 standard, determine whether the flagged data, EPA is withdrawing its June 19, The data from the primary site FRMs exceedances can be considered as 1998 proposed rulemaking and issuing are complete for 2007–2009 and caused by ‘‘exceptional events’’ under this proposal in its place. Accordingly, therefore may be used for a the Exceptional Events Rule. For the EPA will not be responding to determination of attainment. The purposes of the current attainment comments on the June 19, 1998 expected exceedance rate of 0.0 for the determination, inclusion of these proposal. Any person who wishes to primary site FRMs is equal to or less exceedances does not affect EPA’s comment on EPA’s proposed finding than the expected exceedance rate of 1.0 determination of the area’s attainment that the Fort Hall nonattainment area that is allowed under the PM–10 status. In other words, even if EPA attained the 24-hour PM–10 standard as NAAQS. Because complete data from includes all three days of exceedances of December 31, 2009 should do so at the primary site FRMs show an monitored at the TEOM in 2008, the this time. expected exceedance rate equal to or data show that the area attained the IV. Statutory and Executive Order below the PM–10 standard, because the PM–10 standard and under the existing Reviews other monitors at the primary and monitoring record, EPA’s proposed Ballard sites show expected exceedance determination that the area has attained This action proposes to make a rates equal to or less than the PM–10 the standard is not dependent on determination based on air quality data, standard, and because, based on data whether the 2008 exceedances qualify and would, if finalized, not result in the available to date, there have been no for exclusion under the Exceptional imposition of any additional Federal additional exceedances of the PM–10 Events Rule. If in the future we requirements. For that reason, this standard in the nonattainment area in determine that it is appropriate to proposed action: • 2010, EPA concludes that the area has evaluate whether the exceedances Is not a ‘‘significant regulatory met the standard. EPA therefore qualify as caused by exceptional events action’’ subject to review by the Office proposes to determine that the Fort Hall and may be excluded from regulatory of Management and Budget under PM–10 nonattainment area has attained determinations, we will do so at that Executive Order 12866 (58 FR 51735, the 24-hour PM–10 NAAQS.18 October 4, 1993); time in accordance with the Exceptional • EPA has carefully reviewed the Events Rule. Does not impose an information monitoring data, meteorological data collection burden under the provisions and other available information III. Proposed Action of the Paperwork Reduction Act (44 regarding the exceedances that occurred U.S.C. 3501 et seq.); A. Proposed Determination of • at the TEOM in 2008. The Attainment Is certified as not having a meteorological data for this review came significant economic impact on a EPA is, by this document, proposing from a meteorological station that was substantial number of small entities to determine that the Fort Hall co-located with the PM–10 monitors at under the Regulatory Flexibility Act (5 nonattainment area has attained the 24- the primary site. Because each of the U.S.C. 601 et seq.); hour PM–10 standard, based on • PM–10 exceedances was recorded on a Does not contain any unfunded complete, quality-assured monitoring continuous monitor, it is possible to mandate or significantly or uniquely data for 2007–2009, and data available compare hourly PM–10 levels on the affect small governments, as described to date for 2010. This proposed finding day of each exceedance with hourly in the Unfunded Mandates Reform Act of attainment is not a proposed wind speed measured at the of 1995 (Pub. L. 104–4); redesignation to attainment under CAA • meteorological station. On all three days Does not have Federalism section 107(d)(3). If this proposal is when exceedances were recorded, implications as specified in Executive finalized, the designation status in 40 hourly spikes in PM–10 levels Order 13132 (64 FR 43255, August 10, CFR part 81 for the Fort Hall PM–10 corresponded to increases in hourly 1999); nonattainment area would remain • Is not an economically significant wind speeds.19 Hourly wind speeds of moderate nonattainment until such time regulatory action based on health or more than 26 mph and sustained hourly as the area is redesignated to attainment safety risks subject to Executive Order wind speeds of more than 20 mph for as provided in CAA section 107(d)(3). If 13045 (62 FR 19885, April 23, 1997); is several hours were measured on all this proposal is finalized, and EPA not a significant regulatory action three days. All three exceedances were flagged subsequently determines after notice subject to Executive Order 13211 (66 FR timely by the Sho-Ban Tribes as high and comment rulemaking, that the area 28355, May 22, 2001); • Is not subject to requirements of wind events under EPA’s Exceptional is no longer attaining the NAAQS, EPA Section 12(d) of the National Events Rule (72 FR 13560, March 22, will publish such determination in the Federal Register. Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because 18 If this proposal is finalized, and EPA B. Withdrawal of June 19, 1998 Proposal subsequently determines, after notice-and-comment application of those requirements would rulemaking, that the area no longer is attaining the It has now been twelve years since be inconsistent with the CAA; and NAAQS, EPA will publish such determination in EPA proposed to make a finding of • Does not provide EPA with the the Federal Register. nonattainment for the Fort Hall PM–10 discretionary authority to address, as 19 Memo from Donna Deneen to the Fort Hall Docket, dated April 26, 2010, regarding PM–10 nonattainment area (63 FR 33605, June appropriate, disproportionate human Exceedances and Wind Speeds on April 15, May 20, 19, 1998). In light of all the changes that health or environmental effects, using and August 26, 2008. have taken place over that time, practicable and legally permissible

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methods, under Executive Order 12898 included proposed methods for means EPA will not know your identity (59 FR 7629, February 16, 1994). monitoring and reporting greenhouse or contact information unless you In addition, this rule does not have gases (GHGs) from electronics provide it in the body of your comment. tribal implications, as specified by manufacturing. More specifically, as one If you send an e-mail comment directly Executive Order 13175 (65 FR 67249, option for monitoring and reporting, to EPA without going through http:// November 9, 2000), because the EPA proposed semiconductor www.regulations.gov your e-mail proposed rule merely makes a required manufacturers estimate emissions using address will be automatically captured determination based on air quality data default emission factors for nine distinct and included as part of the comment and would neither impose substantial process categories. For each default that is placed in the public docket and direct compliance costs on tribal emission factor, EPA proposed a range made available on the Internet. If you governments, nor preempt tribal law, of values differentiated by production submit an electronic comment, EPA the requirements of sections 5(b) and technology generation (i.e., wafer size). recommends that you include your 5(c) of the Executive Order do not apply Based on additional information name and other contact information in to this rule. Consistent with EPA policy, received since the publication of the the body of your comment and with any EPA nonetheless provided a proposed rule, EPA has developed draft disk or CD–ROM you submit. If EPA consultation opportunity to the emission factors for the proposed cannot read your comment due to Shoshone-Bannock Tribes in a letter to process categories. EPA is making those technical difficulties and cannot contact the Chairman of the Fort Hall Business draft emission factors as well as the you for clarification, EPA may not be Council, dated January 25, 2010, underlying data that was used to able to consider your comment. offering the Tribes the opportunity to develop the draft emission factors Electronic files should avoid the use of consult on this determination and have available to the public for review and special characters, any form of meaningful and timely input into this comment in the report, Draft Emission encryption, and be free of any defects or proposed decision. In the spirit of Factors for Refined Semiconductor viruses. Executive Order 13175, and consistent Manufacturing Process Categories. Docket: All documents in the docket with EPA policy to promote DATES: Comments must be received on are listed in the http:// communications between EPA and or before June 14, 2010. www.regulations.gov index. Although tribal governments, EPA specifically ADDRESSES: Submit your comments, listed in the index, some information is solicits additional comment on this identified by Docket ID No. EPA–HQ– not publicly available, e.g., CBI or other proposed rule from tribal officials. OAR–2009–0927 by one of the following information whose disclosure is restricted by statute. Certain other List of Subjects in 40 CFR Part 81 methods: • http://www.regulations.gov: Follow material, such as copyrighted material, Environmental protection, Air the on-line instructions for submitting will be publicly available only in hard pollution control, Intergovernmental comments. copy. Publicly available docket relations, Particulate matter, Reporting • E-mail: materials are available either and recordkeeping requirements. [email protected]. electronically in http:// www.regulations.gov or in hard copy at Dated: May 3, 2010. • Fax: (202) 566–1741. • Mail: EPA Docket Center, Attention EPA’s Docket Center, Public Reading Dennis J. McLerran, Room, EPA West Building, Room 3334, Regional Administrator, EPA Region 10. Docket OAR–2009–0927, Mail code 2822T, 1200 Pennsylvania Avenue, 1301 Constitution Ave., NW., [FR Doc. 2010–11139 Filed 5–12–10; 8:45 am] NW., Washington, DC 20460. Washington, DC 20004. This Docket BILLING CODE 6560–50–P • Hand/Courier Delivery: EPA Docket Facility is open from 8:30 a.m. to 4:30 Center, Public Reading Room, Room p.m., Monday through Friday, excluding 3334, EPA West Building, Attention legal holidays. The telephone number ENVIRONMENTAL PROTECTION for the Public Reading Room is (202) AGENCY Docket OAR–2009–0927, 1301 Constitution Avenue, NW., Washington, 566–1744, and the telephone number for 40 CFR Part 98 DC 20004. Such deliveries are only the Air Docket is (202) 566–1742. accepted during the Docket’s normal FOR FURTHER INFORMATION CONTACT: [EPA–HQ–OAR–2009–0927; FRL–9150–9] hours of operation, and special Kirsten Cappel, Climate Change Division, Office of Atmospheric Mandatory Reporting of Greenhouse arrangements should be made for Programs (MC–6207J), Environmental Gases: Notice of Data Availability; deliveries of boxed information. Protection Agency, 1200 Pennsylvania Default Emission Factors for Instructions: Direct your comments to Ave., NW., Washington, DC 20460; Semiconductor Manufacturing Refined Docket ID No. EPA–HQ–OAR–2009– telephone number: (202) 343–9556; fax Process Categories 0927. EPA’s policy is that all comments received will be included in the public number: (202) 343–2202; e-mail address: AGENCY: Environmental Protection docket without change and may be [email protected]. Agency (EPA). made available online at http:// SUPPLEMENTARY INFORMATION: www.regulations.gov, including any ACTION: Data availability and request for Outline comment. personal information provided, unless the comment includes information 1. What is today’s action? SUMMARY: The Environmental Protection claimed to be Confidential Business 2. What information is EPA making available Agency (EPA) is making available to the Information (CBI) or other information for review and comment? public draft default emission factors for whose disclosure is restricted by statute. 3. How does this information relate to the semiconductor manufacturing refined Do not submit information that you proposed rule Mandatory Reporting of Greenhouse Gases: Additional Sources of process categories. On April 12, 2010 consider to be CBI or otherwise Fluorinated GHGs? EPA published a proposed rule, protected through http:// 4. Where can I get the information? Mandatory Reporting of Greenhouse www.regulations.gov. The http:// 5. What is EPA taking comment on and what Gases: Additional Sources of www.regulations.gov Web site is an supporting documentation do I need to Fluorinated GHGs (75 FR 18652) which ‘‘anonymous access’’ system, which include in my comments?

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6. What should I consider as I prepare my 300 mm. For each of the nine proposed 5. What is EPA taking comment on and comments for EPA? process categories, EPA proposed to what supporting documentation do I 7. Submitting Confidential Business establish default emission factors within need to include in my comments? Information (CBI) a range of values. EPA used the term EPA requests comment on topics 1. What is today’s action? ‘‘NA’’ where currently available including, but not limited to the This notice of data availability information did not exist to support a following: (NODA) provides for public review and range. Within each process category, the • The representativeness and comment draft emission factors for the emission factor ranges accounted for (1) reliability of the draft emission factors nine proposed refined semiconductor the mass fraction of the input gas that for each process category based on process categories differentiated by is utilized during (i.e., not emitted from) measurements conducted. Where production technology generation (i.e., the process and (2) the mass of each commenters provide data (i.e., emission wafer size). The draft emission factors fluorinated GHG by-product formed as a measurement results), EPA encourages are being made available in Draft fraction of the mass of the dominant the submission of supporting Emission Factors for Refined fluorinated GHG input used. EPA information such as details of the Semiconductor Manufacturing Process proposed ranges because it had not yet method used to characterize process Categories. In Draft Emission Factors for received sufficient data to select a equipment emissions. Refined Semiconductor Manufacturing specific value within each range. • The validity of applying 200 mm In its proposal, EPA requested Process Categories EPA also presents processing technology emission factors comment on the nine process categories detailed information on how the draft to 150 mm processing technology that were proposed. In particular, EPA emission factors were developed and emission factors, and potential requested comment on whether the the underlying data used to develop the alternatives for drawing analogies for categories should be further refined to draft emission factors. 150 mm processing technology emission better capture the variability in emission factors. Where commenters provide data 2. What information is EPA making rates among fluorinated GHG using (e.g., emission factors), EPA encourages available for review and comment? manufacturing activities (e.g., whether the submission of supporting EPA is making available for review any additional categories should be information such as details of the and comment draft default emission added or whether the proposed method used to characterize process factors for semiconductor categories should be combined, and the equipment emissions. manufacturing refined process definition of those categories). X Method used to form the draft EPA also stated that if additional data categories in Draft Emission Factors for emission factors, including EPA’s were received in a timely fashion, EPA Refined Semiconductor Manufacturing method for averaging the factors that might develop draft emission factors for Process Categories. EPA is also making account for gas utilization and by- each category prior to the issuance of a available to the public the underlying product formation for multi-gas final rule, differentiating among wafer emissions measurement data that were chemistries. sizes to the extent feasible. EPA noted used to develop the draft emission X The potential merits and that it would use a method of factors. disadvantages of consolidating emission aggregation similar to the 2006 IPCC factors by process category across all 3. How does this information relate to factor development methodology. EPA wafer technologies and how EPA could the proposed rule Mandatory Reporting is making available, for public review weight emission factors collected from of Greenhouse Gases: Additional and comment, draft emission factors for various wafer technology equipment. Sources of Fluorinated GHGs? each of the nine proposed refined X Number of significant figures to On April 12, 2010 EPA published a process categories in Draft Emission provide in emission factor tables for proposed rule (Mandatory Reporting of Factors for Refined Semiconductor both gas utilization and by-product Greenhouse Gases: Additional Sources Manufacturing Process Categories. formation factors. of Fluorinated GHGs (75 FR 18652)) It is important to note that in addition X Alternatives to the analogies EPA revising and supplementing its initial to an approach where EPA would used to assign gas utilization and by- proposed actions to require reporting of publish draft emission factors for the product formation factors when fluorinated greenhouse gas (fluorinated nine proposed process categories, in its information for a gas or category is not GHG) emissions from certain source proposal, EPA stated that it is currently available. considering other approaches for categories.1 In that rule EPA proposed X The merits and disadvantages of monitoring and reporting emissions requirements for monitoring and maintaining three wafer-technology from semiconductor manufacturing. reporting GHG emissions from categories compared to combining them Please refer to the Electronics electronics manufacturing, which into a single category. Manufacturing section of the notice X The merits and disadvantages of includes facilities that manufacture titled Mandatory Reporting of reducing the number of etching semiconductors, photovoltaic cells (PV), Greenhouse Gases: Additional Sources categories from four to three (from micro-electro-mechanical systems of Fluorinated GHGs (75 FR 18652) for oxide, nitride, silicon and metal etch to, (MEMS), and liquid crystal displays a detailed discussion of the additional for example, dielectric, silicon and (LCDs). For semiconductor alternatives that EPA is considering for metal etch categories), reducing the manufacturing, as one option, EPA monitoring and reporting GHG number of wafer cleaning categories proposed a method based on a refined emissions from semiconductor from two to one, or reducing the number set of process categories. More manufacturing. of categories for both etching and wafer specifically, EPA proposed nine process cleaning. categories differentiated by wafer 4. Where can I get the information? diameter sizes of 150 mm, 200 mm and All of the information can be obtained 6. What should I consider as I prepare through the Air Docket and at http:// my comments for EPA? 1 EPA initially proposed monitoring and reporting ADDRESSES methods for electronics manufacturing in www.regulations.gov (see You may find the following Mandatory Reporting of Greenhouse Gases (74 FR section above for docket contact suggestions helpful for preparing your 16448). information). comments:

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1. Explain your views as clearly as DATES: Requests to participate in the By the Commission. possible. Public Meeting are due by May 14, Karen V. Gregory, 2. Describe any assumptions that you 2010. Secretary. used. [FR Doc. 2010–11425 Filed 5–12–10; 8:45 am] 3. Provide any technical information ADDRESSES: Address all requests to BILLING CODE 6730–01–P or data you used that support your appear to: Karen V. Gregory, Secretary, views. Federal Maritime Commission, 800 North Capitol Street, NW., Room 1046, 4. Provide specific examples to FEDERAL COMMUNICATIONS illustrate your concerns. Washington, DC 20573–0001, (202) 523– COMMISSION 5. Offer alternatives. 5725, E-mail: [email protected]. 6. Make sure to submit your FOR FURTHER INFORMATION CONTACT: 47 CFR Part 54 comments by the comment period Karen V. Gregory, Secretary, Federal deadline identified. [WC Docket No. 10–90; GN Docket No. 09– Maritime Commission, 800 North 51, WC Docket No. 05–337; FCC 10–58] 7. To ensure proper receipt by EPA, Capitol Street, NW., Room 1046, identify the appropriate docket Washington, DC 20573–0001, (202) 523– Connect America Fund, A National identification number in the subject line 5725, E-mail: [email protected]. Broadband Plan for Our Future, High- on the first page of your response. It Cost Universal Service Support would also be helpful if you provided SUPPLEMENTARY INFORMATION: On April the name, date, and Federal Register 29, 2010, the Federal Maritime AGENCY: Federal Communications citation related to your comments. Commission issued a Notice of Commission. ‘‘ ’’ ACTION: Proposed rule. 7. Submitting Confidential Business Proposed Rulemaking ( NPRM ) Information (CBI) proposing a new part 532, providing an exemption for non-vessel-operating SUMMARY: The Federal Communications Do not submit information you are common carriers (‘‘NVOCCs’’) agreeing Commission (Commission) delivered to claiming as CBI to EPA through http:// to negotiated rate arrangements from Congress a National Broadband Plan www.regulations.gov or e-mail. Clearly certain provisions and requirements of recommending that the Commission adopt cost-cutting measures for existing mark the part of the information that the Shipping Act of 1984 and certain voice support and create a Connect you claim to be CBI. Information so provisions and requirements of the America Fund, without increasing the marked will not be disclosed except in Commission’s regulations. The NPRM overall size of the Fund, to support the accordance with procedures set forth in also announced that the Commission provision of broadband communications 40 CFR part 2. For CBI information in would hold a public meeting if any in areas that would be unserved without a disk or CD ROM that you mail to EPA, member of the public made a request to such support or that depend on mark the outside of the disk or CD ROM make oral comments. Such a request has universal service support for the as CBI and then identify electronically been received and the Commission has maintenance of existing broadband within the disk or CD ROM the specific determined to convene this public information that is claimed as CBI. In service. This document and the meeting on May 24, 2010. The meeting companion Notice of Inquiry is the first addition to one complete version of the will be held in the Commission’s Main comment that includes information in a series of proceedings to implement Hearing Room, Room 100, 800 North that vision. This proceeding will claimed as CBI, a copy of the comment Capitol Street, NW., Washington, DC. that does not contain the information develop the detailed analytic foundation claimed as CBI must be submitted for Requests to appear at the meeting necessary for the Commission to inclusion in the public docket. must be filed with the Office of the distribute funds in an efficient, targeted Secretary no later than 5 p.m. on May manner that avoids waste and Dated: May 6, 2010. 14, 2010, and include the name, street minimizes burdens on American Brian J. McLean, address, e-mail address, telephone consumers. This document seeks Director, Office of Atmospheric Programs. number, and the name of your company comment on specific common-sense [FR Doc. 2010–11430 Filed 5–12–10; 8:45 am] or employer, if any. Parties wishing to reforms to cap growth and cut BILLING CODE 6560–50–P participate should also provide a brief inefficient funding in the legacy high- statement describing the nature of their cost support mechanisms and to shift business, e.g., Federal government the savings toward broadband FEDERAL MARITIME COMMISSION agencies, OTIs, associations, communications. consultants, tariff publisher and vessel- 46 CFR Parts 520 and 532 DATES: Comments on the proposed rules operating common carriers. are due on or before July 12, 2010, and [Docket No. 10–03] Requests to appear should be reply comments are due on or before addressed to the Office of the Secretary August 11, 2010. NVOCC Negotiated Rate and submitted: By e-mail as an Arrangements; Notice of Public ADDRESSES: You may submit comments, attachment (Microsoft Word) sent to Meeting identified by WC Docket No. 10–90, GN [email protected]; by facsimile to 202– Docket No. 09–51, WC Docket No. 05– AGENCY: Federal Maritime Commission. 523–0014; or by U.S. mail or courier to 337, by any of the following methods: • ACTION: Notice of public meeting. Federal Maritime Commission, 800 Federal eRulemaking Portal: http:// North Capitol Street, NW., Washington, www.regulations.gov. Follow the SUMMARY: The Commission has DC 20573. Please note, to avoid delay, instructions for submitting comments. determined to hold a public meeting on e-mail or facsimile submissions are • Federal Communications May 24, 2010 to receive oral comments encouraged. The Commission will Commission’s Web Site: http:// concerning the Notice of Proposed announce the time of the meeting, the fjallfoss.fcc.gov/ecfs2/. Follow the Rulemaking published May 7, 2010 (75 order of presentation, and time instructions for submitting comments. FR 25150) regarding NVOCC Negotiated allotment prior to the May 24, 2010 • People with Disabilities: Contact the Rate Arrangements. meeting. FCC to request reasonable

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accommodations (accessible format overnight courier, or by first-class or telephone at (202) 488–5300 or (800) documents, sign language interpreters, overnight U.S. Postal Service mail 378–3160 (voice), (202) 488–5562 CART, etc.) by e-mail: [email protected] (although we continue to experience (TTY), or by facsimile at (202) 488– or phone: (202) 418–0530 or TTY: (202) delays in receiving U.S. Postal Service 5563. 418–0432. mail). All filings must be addressed to I. Notice of Proposed Rulemaking For detailed instructions for submitting the Commission’s Secretary, Office of comments and additional information the Secretary, Federal Communications 1. Controlling the Size of the High-Cost on the rulemaking process, see the Commission. Program • SUPPLEMENTARY INFORMATION section of All hand-delivered or messenger- 1. As an essential first step toward this document. delivered paper filings for the repurposing the universal service fund Commission’s Secretary must be FOR FURTHER INFORMATION CONTACT: to support broadband as well as voice delivered to FCC Headquarters at 445 Katie King, Wireline Competition service, we must ensure that the size of 12th St., SW., Room TW–A325, Bureau, Telecommunications Access the fund remains reasonable. The Washington, DC 20554. The filing hours Policy Division, (202) 418–7491 or TTY: National Broadband Plan recommends are 8 a.m. to 7 p.m. All hand deliveries (202) 418–0484. that the Commission take steps to must be held together with rubber bands manage the universal service fund so SUPPLEMENTARY INFORMATION: This is a or fasteners. Any envelopes must be that its total size remains close to its synopsis of the Commission’s Notice of disposed of before entering the building. Proposed Rulemaking in WC Docket No. • Commercial overnight mail (other current level (in 2010 dollars) to 10–90, GN Docket No. 09–51, WC than U.S. Postal Service Express Mail minimize the burden of increasing Docket No. 05–337; FCC 10–58, adopted and Priority Mail) must be sent to 9300 universal service contributions on April 21, 2010, and released April 21, East Hampton Drive, Capitol Heights, consumers. The Commission already 2010. The complete text of this MD 20743. has taken action to control the overall document is available for inspection • U.S. Postal Service first-class, size of the high-cost fund. In 2008, the and copying during normal business Express, and Priority mail should be Commission adopted on an interim hours in the FCC Reference Information addressed to 445 12th Street, SW., basis an overall competitive eligible Center, Portals II, 445 12th Street, SW., Washington, DC 20554. telecommunications carrier (ETC) high- Room CY–A257, Washington, DC 20554. In addition, one copy of each cost cap of approximately $1.4 billion, The document may also be purchased pleading must be sent to each of the pending comprehensive USF reform. from the Commission’s duplicating following: Similarly, today we seek comment on contractor, Best Copy and Printing, Inc., • The Commission’s duplicating capping legacy high-cost support 445 12th Street, SW., Room CY–B402, contractor, Best Copy and Printing, Inc, provided to incumbent telephone Washington, DC 20554, telephone (800) 445 12th Street, SW., Room CY–B402, companies at 2010 levels, which would 378–3160 or (202) 863–2893, facsimile Washington, DC 20554; Web site: http:// have the effect of creating an overall (202) 863–2898, or via the Internet at www.bcpiweb.com; phone: 1–800–378– ceiling for the legacy high-cost program. http://www.bcpiweb.com. It is also 3160; and Such a cap would remain in place while available on the Commission’s Web site • Charles Tyler, Telecommunications the Commission determines how to at http://www.fcc.gov. Access Policy Division, Wireline distribute funds in a more efficient, Pursuant to §§ 1.415 and 1.419 of the Competition Bureau, 445 12th Street, targeted manner to those areas of the Commission’s rules, 47 CFR 1.415, SW., Room 5–A452, Washington, DC country where no firm can operate 1.419, interested parties may file 20554; e-mail: [email protected]. profitably without government support, comments and reply comments on or People with Disabilities: To request while minimizing burdens on American before the dates indicated on the first materials in accessible formats for consumers who ultimately pay for page of this document. Comments may people with disabilities (Braille, large universal service through carrier pass- be filed using: (1) The Commission’s print, electronic files, audio format), through charges. Electronic Comment Filing System send an e-mail to [email protected] or call 2. We seek comment on how the (ECFS), (2) the Federal Government’s the Consumer & Governmental Affairs Commission could implement such a eRulemaking Portal, or (3) by filing Bureau at (202) 418–0530 (voice) or cap. Alternatively, we invite other paper copies. See Electronic Filing of (202) 418–0432 (TTY). Contact the FCC proposals that would ensure that the Documents in Rulemaking Proceedings, to request reasonable accommodations overall size of the high-cost fund stays 63 FR 24121 (1998). for filing comments (accessible format at or below current levels. Should the • Electronic Filers: Comments may be documents, sign language interpreters, Commission impose an overall cap on filed electronically using the Internet by CART, etc.) by e-mail: [email protected]; legacy high-cost support for incumbent accessing the ECFS: http://www.fcc.gov/ phone: (202) 418–0530 or (202) 418– LECs at 2010 levels? Should the cgb/ecfs/ or the Federal eRulemaking 0432 (TTY). Commission impose a cap on each Portal: http://www.regulations.gov. Filings and comments are also individual high-cost mechanism (to the Filers should follow the instructions available for public inspection and extent each is not already capped) at provided on the Web site for submitting copying during regular business hours 2010 levels? Should the Commission comments. at the FCC Reference Information freeze per-line support for each carrier • Paper Filers: Parties who choose to Center, Portals II, 445 12th Street, SW., at 2010 levels? For example, the file by paper must file an original and Room CY–A257, Washington, DC 20554. Alliance for Rural CMRS Carriers four copies of each filing. If more than Copies may also be purchased from the proposed that incumbent LEC support one docket or rulemaking number Commission’s duplicating contractor, amounts per line be capped at either appears in the caption of this BCPI, 445 12th Street, SW., Room CY– March 2008 or March 2010 levels. We proceeding, filers must submit two B402, Washington, DC 20554. seek comment on this proposal. additional copies for each additional Customers may contact BCPI through its Alternatively, should the Commission docket or rulemaking number. Web site: http://www.bcpiweb.com, by freeze the total amount of support a Filings can be sent by hand or e-mail at [email protected], by carrier receives in a particular study messenger delivery, by commercial area at 2010 levels? Are there other

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ways to implement such a cap? What pricing rules. We seek comment both on areas that are unserved, or should such rule changes would be required to the likely rate impacts under existing a rule change occur before the implement this proposal? How would pricing rules that would arise from the development of the CAF, or otherwise the Commission implement this possible universal service reforms and be coordinated with some other proposal in conjunction with the any appropriate responses. We also note regulatory action such as conversion to reforms identified in the following that many rural rate-of-return carriers incentive regulation. The National paragraphs? In addition, what participate in the National Exchange Broadband Plan recognizes that the implications would this proposal have Carrier Association (NECA) pooling savings realized by eliminating future for other Commission rules, as such the process for their interstate access growth in the legacy ICLS program Commission’s current pricing rules, and charges. If universal service support represent funding that could be should the implementation of this under the legacy programs were frozen redirected toward achieving broadband- proposal be coordinated with any other for such carriers, are there special related goals. We seek comment on this regulatory actions? considerations resulting from operation proposal. of the NECA pool that would unfairly 7. Elimination of Interstate Access 2. Specific Steps To Cut Legacy High- advantage or disadvantage certain Support. The National Broadband Plan Cost Support carriers? The Commission previously also recommends that the Commission 3. As discussed in more detail below, has expressed concern about the risks of ‘‘redirect access replacement funding the National Broadband Plan identifies continued participation in NECA pools known as Interstate Access Support several specific first steps that could by carriers that were subject to incentive (IAS) toward broadband deployment.’’ reduce funding in the legacy high-cost regulation. We seek comment on Thus, we now seek comment on the support mechanisms and recommends whether such concerns would remain if elimination of IAS. When the that those savings be used to further the all rate-of-return carriers converted to Commission created IAS in 2000, it said goals of universalizing broadband incentive regulation. Would the pool be that it would revisit this funding without increasing the overall size of able to continue to operate pursuant to mechanism ‘‘to ensure that such funding the universal service fund. The National regulation other than rate-of-return? is sufficient, yet not excessive.’’ That re- Broadband Plan recognizes that shifting 5. Shifting Rate-of-Return Carriers to examination has not occurred. funds could have transitional impacts Incentive Regulation. The National 8. Specifically, we now seek comment and recommends that ‘‘[a]s the FCC Broadband Plan recommends that the on eliminating §§ 54.800–54.809 of our considers this policy shift, it should Commission ‘‘require rate-of-return rules and transferring any IAS funding take into account the impact of potential carriers to move to incentive levels as of the date of elimination to the changes in free cash flows on providers’ regulation.’’ We seek comment on new Connect America Fund to provide ability to continue to provide voice requiring current rate-of-return support for broadband-capable service and on future broadband companies to convert to some form of networks. We invite commenters to network deployment strategies.’’ Below, incentive regulation. We note that a propose an appropriate timeline for the we seek comment on the first steps set number of companies have voluntarily elimination of these rules and any glide- forth in the National Broadband Plan. converted to price cap regulation in the path that may be necessary to ensure To the extent that any commenter last two years. In such cases, the that recipients continue to be able to believes that these proposals, or the Commission effectively converted the provide voice services during the proposal to cap legacy high-cost companies’ interstate common line transition. support, would negatively affect support (ICLS) to a frozen amount per 9. Sprint and Verizon Wireless affordable voice service for consumers line. We seek comment on whether the Voluntary Commitments. The National today, we would encourage such a Commission should replace rate-of- Broadband Plan also recommends that commenter to identify all assumptions return regulation with the price-cap the Commission ‘‘issue an order to and to provide data, including framework recently adopted for implement the voluntary commitments information on network investment voluntary conversions, an alternative of Sprint and Verizon Wireless to plans over the next five years and free price-cap framework, or some other reduce the High-Cost funding they cash flows, to support that position. The form of incentive regulation. We seek receive as competitive ETCs to zero over intent of these proposals is to eliminate comment on the costs and the benefits a five-year period as a condition of the indirect funding of broadband- that would be realized by converting all earlier merger decisions.’’ The capable networks today through our rate-of-return carriers to price cap Commission will consider shortly an legacy high-cost programs, which is regulation or other incentive regulation. order clarifying how to implement occurring without transparency or We seek comment on whether, in an Verizon Wireless’s and Sprint’s accountability for the use of funds to increasingly competitive marketplace, voluntary commitments. extend broadband service. We seek and with carriers’ service offerings 10. Elimination of Competitive ETC comment on the timing of implementing expanding beyond regulated services, High-Cost Support. The National such reforms in conjunction with the the current rate-of-return framework, Broadband Plan recommends that the creation of a more efficient and targeted which considers only regulated costs Commission phase out remaining framework that will provide support for and revenues, has become less competitive ETC funding under the broadband and voice. We encourage appropriate. existing funding mechanisms over a commenters to address when each rule 6. We seek comment on whether we five-year period and target the savings change should be implemented and how should convert ICLS to a frozen amount toward the deployment of broadband- specific reforms should be sequenced to per line, which would have the effect of capable networks and other reforms in provide regulatory clarity for ongoing limiting growth in the legacy high-cost the plan. We seek comment on this private sector investment. program. We seek comment on whether proposal. 4. In addition, we seek comment on this reform should be implemented at 11. We seek comment on whether we the relationship between such universal the same time as any measures the should ramp down competitive ETC service reforms and carriers’ rates, Commission may adopt to provide support under the legacy programs, and including intercarrier compensation targeted funding for the deployment of if so, how the transition should occur. rates, under the Commission’s current broadband-capable infrastructure to For example, should the Commission

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reduce support on a pro rata basis (e.g., National Broadband Plan additional criteria established by the 20% reduction each year) for each state? recommending that the Commission SBA. Should the Commission reduce support adopt cost-cutting measures for existing 18. Small Businesses. Nationwide, at an accelerated rate of decline? Should voice support and create a Connect there are a total of approximately 29.6 the Commission reduce support on a America Fund (CAF), without million small businesses, according to proportional basis for all states, or in increasing the overall size of the Fund, the SBA. some other manner, and if so, on what to support the provision of broadband 19. Small Organizations. Nationwide, basis? Would there be any impact on communications in areas that would be as of 2002, there are approximately 1.6 existing subscribers of competitive ETCs unserved without such support or that million small organizations. A ‘‘small if the Commission were to reduce depend on universal service support for organization’’ is generally ‘‘any not-for- competitive ETC support under the the maintenance of existing broadband profit enterprise which is independently legacy funding mechanisms? How service. owned and operated and is not should reductions in legacy high-cost 15. The National Broadband Plan dominant in its field.’’ 20. Small Governmental Jurisdictions. support for all competitive ETCs be recommends that the Commission take The term ‘‘small governmental coordinated with implementation of steps to manage the universal service jurisdiction’’ is defined generally as Verizon Wireless’s and Sprint’s fund so that its total size remains close ‘‘governments of cities, towns, voluntary commitments to phase-out to its current level (in 2010 dollars) to townships, villages, school districts, or legacy high-cost support over a five-year minimize the burden of increasing special districts, with a population of period? universal service contributions on less than fifty thousand.’’ Census Bureau 12. General Proposals. Commenters consumers. The NPRM seeks comment data for 2002 indicate that there were are invited to submit other proposals to on specific common-sense reforms to eliminate or reduce funding levels in 87,525 local governmental jurisdictions contain growth in the legacy high-cost in the United States. We estimate that, the legacy high-cost support support mechanisms and identify mechanisms to transition to efficient of this total, 84,377 entities were ‘‘small savings that can be shifted toward ’’ funding levels in the Connect America governmental jurisdictions. Thus, we broadband. Specifically, the NPRM estimate that most governmental Fund. We encourage parties that submit seeks comment on capping legacy high- alternative proposals to identify specific jurisdictions are small. cost support provided to incumbent 21. We have included small rule changes and quantify the impact of telephone companies at 2010 levels; incumbent local exchange carriers in such changes. shifting rate-of-return carriers to this present RFA analysis. As noted II. Procedural Matters incentive regulation and converting above, a ‘‘small business’’ under the RFA interstate common line support to a is one that, inter alia, meets the A. Initial Regulatory Flexibility Analysis frozen amount per line; eliminating pertinent small business size standard 13. As required by the Regulatory interstate access support; and (e.g., a telephone communications Flexibility Act (‘‘RFA’’), the Commission eliminating high-cost support for business having 1,500 or fewer prepared this Initial Regulatory competitive eligible employees), and ‘‘is not dominant in its Flexibility Analysis (‘‘IRFA’’) of the telecommunications carriers. field of operation.’’ The SBA’s Office of possible significant economic impact on 2. Legal Basis Advocacy contends that, for RFA small entities by the policies and rules purposes, small incumbent local proposed in this Notice of Proposed 16. This legal basis for any action that exchange carriers are not dominant in Rulemaking (NPRM). The Commission may be taken pursuant to the NPRM is their field of operation because any such requests written public comments on contained in sections 1, 2, 4(i), 201–205, dominance is not ‘‘national’’ in scope. this IRFA. Comments must be identified 214, 254, and 403 of the We have therefore included small as responses to the IRFA and must be Communications Act of 1934, as incumbent local exchange carriers in filed on or before the dates indicated on amended, 47 U.S.C. 151, 152, 154(i), this RFA analysis, although we the first page of this NPRM. The 201–205, 214, 254, and 403, and § 1.411 emphasize that this RFA action has no Commission will send a copy of the of the Commission’s rules, 47 CFR effect on Commission analyses and NPRM, including this IRFA, to the Chief 1.411. determinations in other, non-RFA Counsel for Advocacy of the Small 3. Description and Estimate of the contexts. 22. Incumbent Local Exchange Business Administration (SBA). In Number of Small Entities to Which the Carriers (‘‘ILECs’’). Neither the addition, the NPRM and IRFA (or Rules Will Apply summaries thereof) will be published in Commission nor the SBA has developed the Federal Register. 17. The RFA directs agencies to a small business size standard provide a description of, and where specifically for incumbent local 1. Need for, and Objectives of, the feasible, an estimate of the number of exchange services. The appropriate size Notice small entities that may be affected by standard under SBA rules is for the 14. On March 16, 2010, the the proposed rules and policies, if category Wired Telecommunications Commission released a Joint Statement adopted. The RFA generally defines the Carriers. Under that size standard, such on Broadband stating that ‘‘[t]he nearly term ‘‘small entity’’ as having the same a business is small if it has 1,500 or $9 billion Universal Service Fund (USF) meaning as the terms ‘‘small business,’’ fewer employees. According to and the intercarrier compensation (ICC) ‘‘small organization,’’ and ‘‘small Commission data, 1,311 carriers have system should be comprehensively governmental jurisdiction.’’ In addition, reported that they are engaged in the reformed to increase accountability and the term ‘‘small business’’ has the same provision of incumbent local exchange efficiency, encourage targeted meaning as the term ‘‘small business services. Of these 1,311 carriers, an investment in broadband infrastructure, concern’’ under the Small Business Act. estimated 1,024 have 1,500 or fewer and emphasize the importance of A ‘‘small business concern’’ is one employees and 287 have more than broadband to the future of these which: (1) Is independently owned and 1,500 employees. Consequently, the programs.’’ On the same day, the operated; (2) is not dominant in its field Commission estimates that most Commission delivered to Congress a of operation; and (3) satisfies any providers of incumbent local exchange

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service are small businesses that may be resellers are small entities that may be and receiving telecommunications from, affected by our proposed action. affected by our proposed action. satellite systems.’’ For this category, 23. Competitive Local Exchange 26. Interexchange Carriers (‘‘IXCs’’). Census Bureau data for 2002 show that Carriers (‘‘CLECs’’), Competitive Access Neither the Commission nor the SBA there were a total of 332 firms that Providers (‘‘CAPs’’), ‘‘Shared-Tenant has developed a small business size operated for the entire year. Of this Service Providers,’’ and ‘‘Other Local standard specifically for providers of total, 303 firms had annual receipts of Service Providers.’’ Neither the interexchange services. The appropriate under $10 million and 15 firms had Commission nor the SBA has developed size standard under SBA rules is for the annual receipts of $10 million to a small business size standard category Wired Telecommunications $24,999,999. Consequently, we estimate specifically for these service providers. Carriers. Under that size standard, such that the majority of All Other The appropriate size standard under a business is small if it has 1,500 or Telecommunications firms are small SBA rules is for the category Wired fewer employees. According to entities that might be affected by our Telecommunications Carriers. Under Commission data, 300 carriers have action. that size standard, such a business is reported that they are engaged in the 30. Wireless Telecommunications small if it has 1,500 or fewer employees. provision of interexchange service. Of Carriers (except Satellite). Since 2007, According to Commission data, 1,005 these, an estimated 268 have 1,500 or the Census Bureau has placed wireless carriers have reported that they are fewer employees and 32 have more than firms within this new, broad, economic engaged in the provision of either 1,500 employees. Consequently, the census category. Prior to that time, such competitive access provider services or Commission estimates that the majority firms were within the now-superseded competitive local exchange carrier of IXCs are small entities that may be categories of ‘‘Paging’’ and ‘‘Cellular and services. Of these 1,005 carriers, an affected by our proposed action. Other Wireless Telecommunications.’’ estimated 918 have 1,500 or fewer 27. Satellite Telecommunications and Under the present and prior categories, employees and 87 have more than 1,500 All Other Telecommunications. These the SBA has deemed a wireless business employees. In addition, 16 carriers have two economic census categories address to be small if it has 1,500 or fewer reported that they are ‘‘Shared-Tenant the satellite industry. The first category employees. Because Census Bureau data Service Providers,’’ and all 16 are has a small business size standard of are not yet available for the new estimated to have 1,500 or fewer $15 million or less in average annual category, we will estimate small employees. In addition, 89 carriers have receipts, under SBA rules. The second business prevalence using the prior reported that they are ‘‘Other Local has a size standard of $25 million or less categories and associated data. For the Service Providers.’’ Of the 89, all have in annual receipts. The most current category of Paging, data for 2002 show 1,500 or fewer employees. Census Bureau data in this context, that there were 807 firms that operated Consequently, the Commission however, are from the (last) economic for the entire year. Of this total, 804 estimates that most providers of census of 2002, and we will use those firms had employment of 999 or fewer competitive local exchange service, figures to gauge the prevalence of small employees, and three firms had competitive access providers, ‘‘Shared- businesses in these categories. employment of 1,000 employees or Tenant Service Providers,’’ and ‘‘Other 28. The category of Satellite more. For the category of Cellular and Local Service Providers’’ are small Telecommunications ‘‘comprises Other Wireless Telecommunications, entities that may be affected by our establishments primarily engaged in data for 2002 show that there were 1,397 proposed action. providing telecommunications services firms that operated for the entire year. 24. Local Resellers. The SBA has to other establishments in the Of this total, 1,378 firms had developed a small business size telecommunications and broadcasting employment of 999 or fewer employees, standard for the category of industries by forwarding and receiving and 19 firms had employment of 1,000 Telecommunications Resellers. Under communications signals via a system of employees or more. Thus, we estimate that size standard, such a business is satellites or reselling satellite that the majority of wireless firms are small if it has 1,500 or fewer employees. telecommunications.’’ For this category, small. According to Commission data, 151 Census Bureau data for 2002 show that 31. 2.3 GHz Wireless Communications carriers have reported that they are there were a total of 371 firms that Services. This service can be used for engaged in the provision of local resale operated for the entire year. Of this fixed, mobile, radiolocation, and digital services. Of these, an estimated 149 total, 307 firms had annual receipts of audio broadcasting satellite uses. The have 1,500 or fewer employees and two under $10 million, and 26 firms had Commission defined ‘‘small business’’ have more than 1,500 employees. receipts of $10 million to $24,999,999. for the wireless communications Consequently, the Commission Consequently, we estimate that the services (‘‘WCS’’) auction as an entity estimates that the majority of local majority of Satellite with average gross revenues of $40 resellers are small entities that may be Telecommunications firms are small million for each of the three preceding affected by our proposed action. entities that might be affected by our years, and a ‘‘very small business’’ as an 25. Toll Resellers. The SBA has action. entity with average gross revenues of developed a small business size 29. The second category of All Other $15 million for each of the three standard for the category of Telecommunications comprises, inter preceding years. The SBA has approved Telecommunications Resellers. Under alia, ‘‘establishments primarily engaged these definitions. The Commission that size standard, such a business is in providing specialized auctioned geographic area licenses in small if it has 1,500 or fewer employees. telecommunications services, such as the WCS service. In the auction, which According to Commission data, 815 satellite tracking, communications was conducted in 1997, there were carriers have reported that they are telemetry, and radar station operation. seven bidders that won 31 licenses that engaged in the provision of toll resale This industry also includes qualified as very small business entities, services. Of these, an estimated 787 establishments primarily engaged in and one bidder that won one license have 1,500 or fewer employees and 28 providing satellite terminal stations and that qualified as a small business entity. have more than 1,500 employees. associated facilities connected with one 32. 1670–1675 MHz Services. An Consequently, the Commission or more terrestrial systems and capable auction for one license in the 1670–1675 estimates that the majority of toll of transmitting telecommunications to, MHz band was conducted in 2003. One

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license was awarded. The winning were 24 winning bidders for 217 principals, has average gross revenues bidder was not a small entity. licenses. Of the 24 winning bidders, 16 that are not more than $3 million for the 33. Wireless Telephony. Wireless claimed small business status and won preceding three years. The SBA telephony includes cellular, personal 156 licenses. In 2007, the Commission approved these small size standards. communications services, and completed an auction of 33 licenses in The Commission conducted an auction specialized mobile radio telephony the A, C, and F Blocks in Auction 71. in 2002 of 740 licenses (one license in carriers. As noted, the SBA has Of the 14 winning bidders, six were each of the 734 MSAs/RSAs and one developed a small business size designated entities. In 2008, the license in each of the six Economic Area standard for Wireless Commission completed an auction of 20 Groupings (EAGs)). Of the 740 licenses Telecommunications Carriers (except Broadband PCS licenses in the C, D, E available for auction, 484 licenses were Satellite). Under the SBA small business and F block licenses in Auction 78. sold to 102 winning bidders. Seventy- size standard, a business is small if it 36. Advanced Wireless Services. In two of the winning bidders claimed has 1,500 or fewer employees. 2008, the Commission conducted the small business, very small business or According to Trends in Telephone auction of Advanced Wireless Services entrepreneur status and won a total of Service data, 434 carriers reported that (‘‘AWS’’) licenses. This auction, which 329 licenses. The Commission they were engaged in wireless as designated as Auction 78, offered 35 conducted a second auction in 2003 that telephony. Of these, an estimated 222 licenses in the AWS 1710–1755 MHz included 256 licenses: 5 EAG licenses have 1,500 or fewer employees and 212 and 2110–2155 MHz bands (‘‘AWS–1’’). and 476 Cellular Market Area licenses. have more than 1,500 employees. We The AWS–1 licenses were licenses for Seventeen winning bidders claimed have estimated that 222 of these are which there were no winning bids in small or very small business status and small under the SBA small business size Auction 66. That same year, the won 60 licenses, and nine winning standard. Commission completed Auction 78. A bidders claimed entrepreneur status and 34. Broadband Personal bidder with attributed average annual won 154 licenses. In 2005, the Communications Service. The gross revenues that exceeded $15 Commission completed an auction of 5 broadband personal communications million and did not exceed $40 million licenses in the lower 700 MHz band services (‘‘PCS’’) spectrum is divided for the preceding three years (‘‘small (Auction 60). There were three winning into six frequency blocks designated A business’’) received a 15 percent bidders for five licenses. All three through F, and the Commission has held discount on its winning bid. A bidder winning bidders claimed small business auctions for each block. The with attributed average annual gross status. Commission has created a small revenues that did not exceed $15 business size standard for Blocks C and million for the preceding three years 38. In 2007, the Commission adopted F as an entity that has average gross (‘‘very small business’’) received a 25 the 700 MHz Second Report and Order. revenues of less than $40 million in the percent discount on its winning bid. A The Order revised the band plan for the three previous calendar years. For Block bidder that had combined total assets of commercial (including Guard Band) and F, an additional small business size less than $500 million and combined public safety spectrum, adopted services standard for ‘‘very small business’’ was gross revenues of less than $125 million rules, including stringent build-out added and is defined as an entity that, in each of the last two years qualified requirements, an open platform together with its affiliates, has average for entrepreneur status. Four winning requirement on the C Block, and a gross revenues of not more than $15 bidders that identified themselves as requirement on the D Block licensee to million for the preceding three calendar very small businesses won 17 licenses. construct and operate a nationwide, years. These small business size Three of the winning bidders that interoperable wireless broadband standards, in the context of broadband identified themselves as a small network for public safety users. In 2008, PCS auctions, have been approved by business won five licenses. the Commission commenced Auction 73 the SBA. No small businesses within the Additionally, one other winning bidder which offered all available, commercial SBA-approved small business size that qualified for entrepreneur status 700 MHz Band licenses (1,099 licenses) standards bid successfully for licenses won 2 licenses. for bidding using the Commission’s in Blocks A and B. There were 90 37. 700 MHz Band Licenses. The standard simultaneous multiple-round winning bidders that qualified as small Commission previously adopted criteria (‘‘SMR’’) auction format for the A, B, D, entities in the Block C auctions. A total for defining three groups of small and E block licenses and an SMR of 93 ‘‘small’’ and ‘‘very small’’ business businesses for purposes of determining auction design with hierarchical bidders won approximately 40 percent their eligibility for special provisions package bidding (‘‘HPB’’) for the C Block of the 1,479 licenses for Blocks D, E, and such as bidding credits. The licenses. Later in 2008, the Commission F. In 1999, the Commission reauctioned Commission defined a ‘‘small business’’ concluded Auction 73. A bidder with 155 C, D, E, and F Block licenses; there as an entity that, together with its attributed average annual gross revenues were 113 small business winning affiliates and controlling principals, has that did not exceed $15 million for the bidders. average gross revenues not exceeding preceding three years (very small 35. In 2001, the Commission $40 million for the preceding three business) qualified for a 25 percent completed the auction of 422 C and F years. A ‘‘very small business’’ is defined discount on its winning bids. A bidder Broadband PCS licenses in Auction 35. as an entity that, together with its with attributed average annual gross Of the 35 winning bidders in this affiliates and controlling principals, has revenues that exceeded $15 million, but auction, 29 qualified as ‘‘small’’ or ‘‘very average gross revenues that are not more did not exceed $40 million for the small’’ businesses. Subsequent events, than $15 million for the preceding three preceding three years, qualified for a 15 concerning Auction 35, including years. Additionally, the lower 700 MHz percent discount on its winning bids. judicial and agency determinations, Service had a third category of small There were 36 winning bidders (who resulted in a total of 163 C and F Block business status for Metropolitan/Rural won 330 of the 1,090 licenses won) that licenses being available for grant. In Service Area (‘‘MSA/RSA’’) licenses. The identified themselves as very small 2005, the Commission completed an third category is ‘‘entrepreneur,’’ which businesses. There were 20 winning auction of 188 C block licenses and 21 is defined as an entity that, together bidders that identified themselves as a F block licenses in Auction 58. There with its affiliates and controlling small business that won 49 of the 1,090

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licenses won. The provisionally auction for the 800 MHz band was defined by the SBA, we use the broad winning bids for the A, B, C, and E conducted in 2002 and included 23 BEA census category, Wireless Block licenses exceeded the aggregate licenses. One bidder claiming small Telecommunications Carriers (except reserve prices for those blocks. business status won five licenses. Satellite). This definition provides that However, the provisionally winning bid 41. The auction of the 1,053 800 MHz a small entity is any such entity for the D Block license did not meet the SMR geographic area licenses for the employing no more than 1,500 persons. applicable reserve price and thus did General Category channels was The Commission does not require PLMR not become a winning bid. conducted in 2000. Eleven bidders won licensees to disclose information about 39. 700 MHz Guard Band Licenses. In 108 geographic area licenses for the number of employees, so the the 700 MHz Guard Band Order, the General Category channels in the 800 Commission does not have information Commission adopted size standards for MHz SMR band qualified as small that could be used to determine how ‘‘small businesses’’ and ‘‘very small businesses under the $15 million size many PLMR licensees constitute small businesses’’ for purposes of determining standard. In an auction completed in entities under this definition. We note their eligibility for special provisions 2000, a total of 2,800 Economic Area that PLMR licensees generally use the such as bidding credits and installment licenses in the lower 80 channels of the licensed facilities in support of other payments. A small business in this 800 MHz SMR service were awarded. Of business activities, and therefore, it service is an entity that, together with the 22 winning bidders, 19 claimed would also be helpful to assess PLMR its affiliates and controlling principals, small business status and won 129 licensees under the standards applied to has average gross revenues not licenses. Thus, combining all three the particular industry subsector to exceeding $40 million for the preceding auctions, 40 winning bidders for which the licensee belongs. three years. Additionally, a very small geographic licenses in the 800 MHz 45. As of March 2010, there were business is an entity that, together with SMR band claimed status as small 424,162 PLMR licensees operating its affiliates and controlling principals, business. 921,909 transmitters in the PLMR bands has average gross revenues that are not 42. In addition, there are numerous below 512 MHz. We note that any entity more than $15 million for the preceding incumbent site-by-site SMR licensees engaged in a commercial activity is three years. SBA approval of these and licensees with extended eligible to hold a PLMR license, and that definitions is not required. In 2000, the implementation authorizations in the any revised rules in this context could Commission conducted an auction of 52 800 and 900 MHz bands. We do not therefore potentially impact small Major Economic Area (‘‘MEA’’) licenses. know how many firms provide 800 MHz entities covering a great variety of Of the 104 licenses auctioned, 96 or 900 MHz geographic area SMR industries. licenses were sold to nine bidders. Five pursuant to extended implementation 46. Fixed Microwave Services. Fixed of these bidders were small businesses authorizations, nor how many of these microwave services include common that won a total of 26 licenses. A second providers have annual revenues of no carrier, private operational-fixed, and auction of 700 MHz Guard Band more than $15 million. One firm has broadcast auxiliary radio services. At licenses commenced and closed in over $15 million in revenues. In present, there are approximately 22,015 2001. All eight of the licenses auctioned addition, we do not know how many of common carrier fixed licensees and were sold to three bidders. One of these these firms have 1500 or fewer 61,670 private operational-fixed bidders was a small business that won employees. We assume, for purposes of licensees and broadcast auxiliary radio a total of two licenses. this analysis, that all of the remaining licensees in the microwave services. 40. Specialized Mobile Radio. The existing extended implementation The Commission has not created a size Commission awards ‘‘small entity’’ authorizations are held by small standard for a small business bidding credits in auctions for entities, as that small business size specifically with respect to fixed Specialized Mobile Radio (SMR) standard is approved by the SBA. microwave services. For purposes of geographic area licenses in the 800 MHz 43. Cellular Radiotelephone Service. this analysis, the Commission uses the and 900 MHz bands to firms that had Auction 77 was held to resolve one SBA small business size standard for the revenues of no more than $15 million in group of mutually exclusive category Wireless Telecommunications each of the three previous calendar applications for Cellular Radiotelephone Carriers (except Satellite), which is years. The Commission awards ‘‘very Service licenses for unserved areas in 1,500 or fewer employees. The small entity’’ bidding credits to firms New Mexico. Bidding credits for Commission does not have data that had revenues of no more than $3 designated entities were not available in specifying the number of these licensees million in each of the three previous Auction 77. In 2008, the Commission that have no more than 1,500 calendar years. The SBA has approved completed the closed auction of one employees, and thus are unable at this these small business size standards for unserved service area in the Cellular time to estimate with greater precision the 900 MHz Service. The Commission Radiotelephone Service, designated as the number of fixed microwave service has held auctions for geographic area Auction 77. Auction 77 concluded with licensees that would qualify as small licenses in the 800 MHz and 900 MHz one provisionally winning bid for the business concerns under the SBA’s bands. The 900 MHz SMR auction was unserved area totaling $25,002. small business size standard. completed in 1996. Sixty bidders 44. Private Land Mobile Radio Consequently, the Commission claiming that they qualified as small (‘‘PLMR’’). PLMR systems serve an estimates that there are 22,015 or fewer businesses under the $15 million size essential role in a range of industrial, common carrier fixed licensees and standard won 263 geographic area business, land transportation, and 61,670 or fewer private operational- licenses in the 900 MHz SMR band. The public safety activities. These radios are fixed licensees and broadcast auxiliary 800 MHz SMR auction for the upper 200 used by companies of all sizes operating radio licensees in the microwave channels was conducted in 1997. Ten in all U.S. business categories, and are services that may be small and may be bidders claiming that they qualified as often used in support of the licensee’s affected by the rules and policies small businesses under the $15 million primary (non-telecommunications) proposed herein. We note, however, that size standard won 38 geographic area business operations. For the purpose of the common carrier microwave fixed licenses for the upper 200 channels in determining whether a licensee of a licensee category includes some large the 800 MHz SMR band. A second PLMR system is a small business as entities.

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47. 39 GHz Service. The Commission business’’ as an entity that, together with (previously referred to as the created a special small business size its affiliates and controlling interests, Instructional Television Fixed Service standard for 39 GHz licenses—an entity had average gross revenues that exceed (‘‘ITFS’’)). In connection with the 1996 that has average gross revenues of $40 $15 million but do not exceed $40 BRS auction, the Commission million or less in the three previous million for the preceding three years, established a small business size calendar years. An additional size and a ‘‘very small business’’ as an entity standard as an entity that had annual standard for ‘‘very small business’’ is: An that, together with its affiliates and average gross revenues of no more than entity that, together with affiliates, has controlling interests, has had average $40 million in the previous three average gross revenues of not more than annual gross revenues not exceeding calendar years. The BRS auctions $15 million for the preceding three $15 million for the preceding three resulted in 67 successful bidders calendar years. The SBA has approved years. Neither of the two winning obtaining licensing opportunities for these small business size standards. The bidders sought designated entity status. 493 Basic Trading Areas (‘‘BTAs’’). Of auction of the 2,173, 39 GHz licenses, 51. Incumbent 24 GHz Licensees. This the 67 auction winners, 61 met the began and closed in 2000. The 18 analysis may affect incumbent licensees definition of a small business. BRS also bidders who claimed small business who were relocated to the 24 GHz band includes licensees of stations authorized status won 849 licenses. from the 18 GHz band, and applicants prior to the auction. At this time, we 48. Local Multipoint Distribution who wish to provide services in the 24 estimate that of the 61 small business Service. Local Multipoint Distribution GHz band. The applicable SBA small BRS auction winners, 48 remain small Service (‘‘LMDS’’) is a fixed broadband business size standard is that of business licensees. In addition to the 48 point-to-multipoint microwave service Wireless Telecommunications Carriers small businesses that hold BTA that provides for two-way video (except Satellite). This category authorizations, there are approximately telecommunications. The auction of the provides that such a company is small 392 incumbent BRS licensees that are 986 LMDS licenses began and closed in if it employs no more than 1,500 considered small entities. After adding 1998. The Commission established a persons. The broader census data the number of small business auction small business size standard for LMDS notwithstanding, we believe that there licensees to the number of incumbent licenses as an entity that has average are only two licensees in the 24 GHz licensees not already counted, we find gross revenues of less than $40 million band that were relocated from the 18 that there are currently approximately in the three previous calendar years. An GHz band, Teligent and TRW, Inc. It is 440 BRS licensees that are defined as additional small business size standard our understanding that Teligent and its small businesses under either the SBA for ‘‘very small business’’ was added as related companies have fewer than or the Commission’s rules. In 2009, the an entity that, together with its affiliates, 1,500 employees, though this may Commission conducted Auction 86, the has average gross revenues of not more change in the future. TRW is not a small sale of 78 licenses in the BRS areas. The than $15 million for the preceding three entity. There are approximately 122 Commission offered three levels of calendar years. The SBA has approved licensees in the Rural Radiotelephone bidding credits: (i) A bidder with these small business size standards in Service, and the Commission estimates attributed average annual gross revenues the context of LMDS auctions. There that there are 122 or fewer small entity that exceed $15 million and do not were 93 winning bidders that qualified licensees in the Rural Radiotelephone exceed $40 million for the preceding as small entities in the LMDS auctions. Service that may be affected by the rules three years (small business) will receive A total of 93 small and very small and policies proposed herein. a 15 percent discount on its winning business bidders won approximately 52. Future 24 GHz Licensees. With bid; (ii) a bidder with attributed average 277 A Block licenses and 387 B Block respect to new applicants in the 24 GHz annual gross revenues that exceed $3 licenses. In 1999, the Commission re- band, we have defined ‘‘small business’’ million and do not exceed $15 million auctioned 161 licenses; there were 32 as an entity that, together with for the preceding three years (very small small and very small businesses controlling interests and affiliates, has business) will receive a 25 percent winning that won 119 licenses. average annual gross revenues for the 49. Rural Radiotelephone Service. The three preceding years not exceeding $15 discount on its winning bid; and (iii) a Commission has not adopted a size million. ‘‘Very small business’’ in the 24 bidder with attributed average annual standard for small businesses specific to GHz band is defined as an entity that, gross revenues that do not exceed $3 the Rural Radiotelephone Service. A together with controlling interests and million for the preceding three years significant subset of the Rural affiliates, has average gross revenues not (entrepreneur) will receive a 35 percent Radiotelephone Service is the Basic exceeding $3 million for the preceding discount on its winning bid. Auction 86 Exchange Telephone Radio System three years. The SBA has approved concluded in 2009 with the sale of 61 (‘‘BETRS’’). In the present context, we these definitions. The Commission will licenses. Of the ten winning bidders, will use the SBA’s small business size not know how many licensees will be two bidders that claimed small business standard applicable to Wireless small or very small businesses until the status won 4 licenses; one bidder that Telecommunications Carriers (except auction, if required, is held. claimed very small business status won Satellite), i.e., an entity employing no 53. Broadband Radio Service and three licenses; and two bidders that more than 1,500 persons. There are Educational Broadband Service. claimed entrepreneur status won six approximately 1,000 licensees in the Broadband Radio Service systems, licenses. Rural Radiotelephone Service, and the previously referred to as Multipoint 54. In addition, the SBA’s Cable Commission estimates that there are Distribution Service (‘‘MDS’’) and Television Distribution Services small 1,000 or fewer small entity licensees in Multichannel Multipoint Distribution business size standard is applicable to the Rural Radiotelephone Service that Service (‘‘MMDS’’) systems, and EBS. There are presently 2,032 EBS may be affected by the rules and ‘‘wireless cable,’’ transmit video licensees. All but 100 of these licenses policies proposed herein. programming to subscribers and provide are held by educational institutions. 50. 1.4 GHz Band Licensees. The two-way high speed data operations Educational institutions are included in Commission conducted an auction of 64 using the microwave frequencies of the this analysis as small entities. Thus, we 1.4 GHz band licenses in 2007. In that Broadband Radio Service (‘‘BRS’’) and estimate that at least 1,932 licensees are auction, the Commission defined ‘‘small Educational Broadband Service (‘‘EBS’’) small businesses. Since 2007, Cable

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Television Distribution Services have $10 million or more but less than $25 such firms having 1,500 or fewer been defined within the broad economic million. Thus, the majority of these employees. To gauge small business census category of Wired firms can be considered small. prevalence for such services we must, Telecommunications Carriers; that 56. Cable Companies and Systems. however, use current census data that category is defined as follows: ‘‘This The Commission has also developed its are based on the previous category of industry comprises establishments own small business size standards, for Cable and Other Program Distribution primarily engaged in operating and/or the purpose of cable rate regulation. and its associated size standard; that providing access to transmission Under the Commission’s rules, a ‘‘small size standard was: All such firms having facilities and infrastructure that they cable company’’ is one serving 400,000 $13.5 million or less in annual receipts. own and/or lease for the transmission of or fewer subscribers, nationwide. According to Census Bureau data for voice, data, text, sound, and video using Industry data indicate that, of 1,076 2002, there were a total of 1,191 firms wired telecommunications networks. cable operators nationwide, all but in this previous category that operated Transmission facilities may be based on eleven are small under this size for the entire year. Of this total, 1,087 a single technology or a combination of standard. In addition, under the firms had annual receipts of under $10 technologies.’’ The SBA has developed a Commission’s rules, a ‘‘small system’’ is million, and 43 firms had receipts of small business size standard for this a cable system serving 15,000 or fewer $10 million or more but less than $25 category, which is: All such firms subscribers. Industry data indicate that, million. Thus, the majority of cable having 1,500 or fewer employees. To of 6,635 systems nationwide, 5,802 firms can be considered small. In gauge small business prevalence for systems have under 10,000 subscribers, addition, we note that the Commission these cable services we must, however, and an additional 302 systems have has certified some OVS operators, with use current census data that are based 10,000–19,999 subscribers. Thus, under some now providing service. Broadband on the previous category of Cable and this second size standard, most cable service providers (‘‘BSPs’’) are currently Other Program Distribution and its systems are small. the only significant holders of OVS associated size standard; that size 57. Cable System Operators. The certifications or local OVS franchises. standard was: All such firms having Communications Act of 1934, as The Commission does not have $13.5 million or less in annual receipts. amended, also contains a size standard financial or employment information According to Census Bureau data for for small cable system operators, which regarding the entities authorized to ‘‘ 2002, there were a total of 1,191 firms is a cable operator that, directly or provide OVS, some of which may not in this previous category that operated through an affiliate, serves in the yet be operational. Thus, again, at least for the entire year. Of this total, 1,087 aggregate fewer than 1 percent of all some of the OVS operators may qualify firms had annual receipts of under $10 subscribers in the United States and is as small entities. not affiliated with any entity or entities million, and 43 firms had receipts of whose gross annual revenues in the 59. Cable Television Relay Service. $10 million or more but less than $25 aggregate exceed $250,000,000.’’ The This service includes transmitters million. Thus, the majority of these Commission has determined that an generally used to relay cable firms can be considered small. operator serving fewer than 677,000 programming within cable television 55. Cable Television Distribution subscribers shall be deemed a small system distribution systems. This cable Services. Since 2007, these services operator, if its annual revenues, when service is defined within the broad have been defined within the broad combined with the total annual economic census category of Wired economic census category of Wired revenues of all its affiliates, do not Telecommunications Carriers; that Telecommunications Carriers; that exceed $250 million in the aggregate. category is defined as follows: ‘‘This category is defined as follows: ‘‘This Industry data indicate that, of 1,076 industry comprises establishments industry comprises establishments cable operators nationwide, all but ten primarily engaged in operating and/or primarily engaged in operating and/or are small under this size standard. We providing access to transmission providing access to transmission note that the Commission neither facilities and infrastructure that they facilities and infrastructure that they requests nor collects information on own and/or lease for the transmission of own and/or lease for the transmission of whether cable system operators are voice, data, text, sound, and video using voice, data, text, sound, and video using affiliated with entities whose gross wired telecommunications networks. wired telecommunications networks. annual revenues exceed $250 million, Transmission facilities may be based on Transmission facilities may be based on and therefore we are unable to estimate a single technology or a combination of a single technology or a combination of more accurately the number of cable technologies.’’ The SBA has developed a technologies.’’ The SBA has developed a system operators that would qualify as small business size standard for this small business size standard for this small under this size standard. category, which is: All such firms category, which is: All such firms 58. Open Video Systems. The open having 1,500 or fewer employees. To having 1,500 or fewer employees. To video system (‘‘OVS’’) framework was gauge small business prevalence for gauge small business prevalence for established in 1996, and is one of four cable services we must, however, use these cable services we must, however, statutorily recognized options for the current census data that are based on use current census data that are based provision of video programming the previous category of Cable and on the previous category of Cable and services by local exchange carriers. The Other Program Distribution and its Other Program Distribution and its OVS framework provides opportunities associated size standard; that size associated size standard; that size for the distribution of video standard was: All such firms having standard was: All such firms having programming other than through cable $13.5 million or less in annual receipts. $13.5 million or less in annual receipts. systems. Because OVS operators provide According to Census Bureau data for According to Census Bureau data for subscription services, OVS falls within 2002, there were a total of 1,191 firms 2002, there were a total of 1,191 firms the SBA small business size standard in this previous category that operated in this previous category that operated covering cable services, which is ‘‘Wired for the entire year. Of this total, 1,087 for the entire year. Of this total, 1,087 Telecommunications Carriers.’’ The SBA firms had annual receipts of under $10 firms had annual receipts of under $10 has developed a small business size million, and 43 firms had receipts of million, and 43 firms had receipts of standard for this category, which is: All $10 million or more but less than $25

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million. Thus, the majority of these 62. The ISP industry has changed 5. Steps Taken To Minimize Significant firms can be considered small. dramatically since 2002. The 2002 data Economic Impact on Small Entities, and 60. Multichannel Video Distribution cited above may therefore include Significant Alternatives Considered and Data Service. MVDDS is a terrestrial entities that no longer provide Internet 65. The RFA requires an agency to fixed microwave service operating in access service and may exclude entities describe any significant alternatives that the 12.2–12.7 GHz band. The that now provide such service. To it has considered in reaching its Commission adopted criteria for ensure that this IRFA describes the approach, which may include the defining three groups of small universe of small entities that our action following four alternatives, among businesses for purposes of determining might affect, we discuss in turn several others: (1) The establishment of their eligibility for special provisions different types of entities that might be such as bidding credits. It defined a very differing compliance or reporting providing Internet access service. small business as an entity with average requirements or timetables that take into annual gross revenues not exceeding $3 63. We note that, although we have no account the resources available to small million for the preceding three years; a specific information on the number of entities; (2) the clarification, small business as an entity with average small entities that provide Internet consolidation, or simplification of annual gross revenues not exceeding access service over unlicensed compliance or reporting requirements $15 million for the preceding three spectrum, we include these entities in under the rule for small entities; (3) the years; and an entrepreneur as an entity our IRFA. use of performance, rather than design, with average annual gross revenues not standards; and (4) an exemption from exceeding $40 million for the preceding 4. Description of Projected Reporting, coverage of the rule, or any part thereof, three years. These definitions were Recordkeeping and Other Compliance for small entities. approved by the SBA. On January 27, Requirements 66. As discussed above, the NPRM seeks comment on capping legacy high- 2004, the Commission completed an 64. As discussed above, the NPRM auction of 214 MVDDS licenses cost support provided to incumbent seeks comment on a number of specific (Auction No. 53). In this auction, ten telephone companies; shifting rate-of- reforms to contain the growth in the winning bidders won a total of 192 return carriers to incentive regulation legacy high-cost support mechanisms MVDDS licenses. Eight of the ten and converting interstate common line winning bidders claimed small business and identify savings that can be shifted support to a frozen amount per line; status and won 144 of the licenses. The toward broadband. Under the eliminating interstate access support; Commission also held an auction of Commission’s current rules, eligible and eliminating high-cost support for MVDDS licenses on December 7, 2005 telecommunications carriers (ETCs) file competitive eligible (Auction 63). Of the three winning certain information with the telecommunications carriers. The NPRM bidders who won 22 licenses, two Commission, the Universal Service seeks comment generally on the winning bidders, winning 21 of the Administrative Company (USAC), and/ proposed universal service reforms and licenses, claimed small business status. or the National Carrier Exchange carriers’ rates under the Commission’s 61. Internet Service Providers. The Association (NECA) that is used to current pricing rules, and specifically 2007 Economic Census places these determine the amount of high-cost seeks comment on whether there are firms, whose services might include support each ETC receives. The special considerations resulting from voice over Internet protocol (VoIP), in proposals in the NPRM to cap or the operation of the NECA pool that either of two categories, depending on eliminate support, if eventually would unfairly advantage or whether the service is provided over the adopted, are not likely to substantially disadvantage certain carriers. The provider’s own telecommunications change the current reporting, NPRM also seeks comment on the costs connections (e.g. cable and DSL, ISPs), recordkeeping, and compliance and benefits that would be realized by or over client-supplied requirements, and would, in some cases, converting all rate-of-return carriers to telecommunications connections (e.g. reduce such burdens. The proposal to price cap or other incentive regulation. dial-up ISPs). The former are within the shift rate-of-return carriers to incentive We anticipate that the record will reflect category of Wired Telecommunications regulation likely would result in certain whether the overall benefits of such a Carriers, which has an SBA small one-time reporting requirements related requirement would outweigh the business size standard of 1,500 or fewer to the conversion, such as establishing burdens on small entities, and if so, employees. The latter are within the initial price cap indexes for price cap suggest alternative ways in which the category of All Other Commission could lessen the overall baskets. In addition, some ongoing Telecommunications, which has a size burdens on small entities. We encourage reporting, recordkeeping and other standard of annual receipts of $25 small entity comment. million or less. The most current Census compliance requirements may change Bureau data for all such firms, however, after the conversion from rate-of-return 6. Federal Rules That May Duplicate, are the 2002 data for the previous regulation, but may result in less Overlap, or Conflict With the Proposed census category called Internet Service burdensome requirements, in some Rules Providers. That category had a small cases. We do not have an estimate of 67. None. business size standard of $21 million or potential reporting, recordkeeping, and B. Paperwork Reduction Act Analysis less in annual receipts, which was compliance burdens, because it is too revised in late 2005 to $23 million. The speculative at this time to anticipate the 68. This document discusses potential 2002 data show that there were 2,529 number of carriers that would be new or revised information collection such firms that operated for the entire required to convert to incentive requirements. The reporting year. Of those, 2,437 firms had annual regulation, or what type of incentive requirements, if any, that might be receipts of under $10 million, and an regulation would be required. We adopted pursuant to this NPRM are too additional 47 firms had receipts of anticipate that commenters will provide speculative at this time to request between $10 million and $24,999,999. the Commission with reliable comment from the OMB or interested Consequently, we estimate that the information on any costs and burdens parties under section 3507(d) of the majority of ISP firms are small entities. on small entities. Paperwork Reduction Act. Therefore, if

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the Commission determines that Acquisition Regulations Council Presidential Memorandum entitled reporting is required, it will seek (Councils) are seeking information that Freedom of Information Act (January 21, comment from the OMB and interested will assist in determining how best to 2009) (Published in the Federal Register parties prior to any such requirements amend the Federal Acquisition at 74 FR 4683, January 26, 2009); taking effect. In addition, pursuant to Regulation (FAR) to enable public Presidential Memorandum entitled the Small Business Paperwork Relief posting of contract actions, should such Transparency and Open Government Act of 2002, we will seek specific posting become a requirement in the (January 21, 2009) (Published in the comment on how we might ‘‘further future, without compromising Federal Register at 74 FR 4685, January reduce the information collection contractors’ proprietary and confidential 26, 2009); Attorney General burden for small business concerns with commercial or financial information. Memorandum entitled Freedom of fewer than 25 employees.’’ Nevertheless, This transparency effort is intended to Information Act (March 19, 2009); interested parties are encouraged to promote efficiency in Government Office of Science and Technology Policy comment on whether any new or contracting through an open acquisition Notice, Transparency and Open revised information collection is process and improve Federal spending Government (Published in the Federal necessary, and if so, how the accountability consistent with the Register at 74 FR 23901, May 21, 2009); Commission might minimize the burden Administration’s memorandum entitled OMB memorandum entitled Open of any such collection. Transparency and Open Government Government Directive (M–10–06, (January 21, 2009) (Published in the December 8, 2009). In support of this C. Ex Parte Presentations Federal Register at 74 FR 4685, January anticipated requirement, the Councils 69. These matters shall be treated as 26, 2009). are considering how best to revise the a ‘‘permit-but-disclose’’ proceeding in DATES: Interested parties should submit FAR to facilitate such posting without accordance with the Commission’s ex written comments to the Regulatory violating statutory and regulatory parte rules. Persons making oral ex Secretariat at the address shown below prohibitions against disclosing parte presentations are reminded that on or before July 12, 2010 to be protected information belonging to the memoranda summarizing the considered in the formation of a Government or contractors. presentations must contain summaries proposed rule. The Councils are particularly of the substance of the presentations interested in suggestions that will ADDRESSES: Submit comments and not merely a listing of the subjects facilitate uniform, consistent processing identified by FAR Case 2009–004, by discussed. More than a one- or two- methods that are fair and equitable as any of the following methods: sentence description of the views and • well as cost effective and efficient, Regulations.gov: http:// while at the same time simplifying arguments presented is generally www.regulations.gov. Submit comments required. Other requirements pertaining access to acquisitions once posted. The via the Federal eRulemaking portal by Councils are mindful of the need to to oral and written presentations are set ‘‘ ’’ inputting FAR Case 2009–004 under protect the Government’s classified forth in § 1.1206(b) of the Commission’s the heading ‘‘Comment or Submission.’’ rules. information in accordance with the Select the link ‘‘Send a Comment or National Industrial Security Program Federal Communications Commission. Submission’’ that corresponds with FAR Operating Manual (NISPOM) (DoD Marlene H. Dortch, Case 2009–004. Follow the instructions 5220.22–M) and the Industrial Security Secretary. provided to complete the ‘‘Public Regulation (DoD 5220.22–R) (see FAR [FR Doc. 2010–11321 Filed 5–12–10; 8:45 am] Comment and Submission Form.’’ Please Subpart 4.4) and the protections BILLING CODE 6712–01–P include your name, company name (if afforded contractor information under any), and ‘‘FAR Case 2009–004’’ on your the Freedom of Information Act (FOIA) attached document. (5 U.S.C. 552) procedures (see FAR • Fax: 202–501–4067. DEPARTMENT OF DEFENSE • Subpart 24.2 and E.O. 12600). The Mail: General Services Councils are also mindful of the FAR GENERAL SERVICES Administration, FAR Secretariat section which already addresses the ADMINISTRATION (MVCB), 1800 F Street, NW., Room marking of contractor information (see 4041, Attn: Hada Flowers, Washington, FAR 3.104–4). NATIONAL AERONAUTICS AND DC 20405. It may not be practical to apply FOIA SPACE ADMINISTRATION Instructions: Please submit comments procedures before posting in every case. only and cite FAR Case 2009–004 in all The Councils are looking into methods 48 CFR Part 24 correspondence related to this case. All for identifying the types of information comments received will be posted that should not be posted or released to [FAR Case 2009–004; Docket 2010–0089, without change to http:// Sequence 1] the public, as well as means for www.regulations.gov, including any electronic processing and posting, and RIN 9000–AL59 personal and/or business confidential development of provision or clause information provided. requirements for successful offerors to Federal Acquisition Regulation: FAR FOR FURTHER INFORMATION CONTACT: Mr. provide a redacted copy of the contract. Case 2009–004, Enhancing Contract Michael Jackson, Procurement Analyst, The Councils are also requesting Transparency at (202) 208–4949 for clarification of suggestions for how best to protect the AGENCY: Department of Defense (DoD), content. The FAR Secretariat at (202) types of information through redacting, General Services Administration (GSA), 501–4755 for information pertaining to locating all such information in a and National Aeronautics and Space status or publication schedules. Please standard place in the contract, or other Administration (NASA). cite FAR case 2009–004. possible methods to be considered. ACTION: Advance notice of proposed SUPPLEMENTARY INFORMATION: Respondents are encouraged to rulemaking. The Councils anticipate that, in the address the benefits of this transparency future, a requirement to post on-line the effort as well as possible impacts on SUMMARY: The Civilian Agency text of contracts and task and delivery offerors’ and the Government’s business Acquisition Council and the Defense orders will be instituted. See generally systems, dollar thresholds for

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application, and other cost impacts, This is a significant regulatory action List of Subjects in 48 CFR Part 24 especially on proposal preparation. and, therefore, was subject to review Government procurement. Also, written responses to this notice under Section 6(b) of Executive Order should address whether a public 12866, Regulatory Planning and Review, Dated: May 7, 2010. meeting on this topic would be dated September 30, 1993. This rule is Edward Loeb, beneficial and, if so, what issues should not a major rule under 5 U.S.C. 804. Acting Director, Acquisition Policy Division. be addressed. [FR Doc. 2010–11381 Filed 5–12–10; 8:45 am] BILLING CODE P

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Notices Federal Register Vol. 75, No. 92

Thursday, May 13, 2010

This section of the FEDERAL REGISTER Committee will meet on Wednesday, brief participants on Payments to States contains documents other than rules or June 9, 2010 at the Salkum Fire Hall, legislative history, discuss the proposed rules that are applicable to the 2495 U.S. Highway 12, Salkum, Wash. guidelines for Title II and Title III public. Notices of hearings and investigations, The meeting will begin at 9 a.m. and funding and proposals, capture and committee meetings, agency decisions and continue until 3 p.m. The purpose of the record preliminary project ideas and rulings, delegations of authority, filing of petitions and applications and agency meeting is to: Review ongoing Title II receive public comment on the meeting statements of organization and functions are and III projects, elect a chairperson and subjects and proceedings. examples of documents appearing in this vice-chair, set an indirect project DATES: The meeting will be held June 9, section. percentage, review summary of Title II 2010, 10 a.m. and Title III accomplishments and make ADDRESSES: The meeting will be held at recommendations on 8 proposals for the Sevier County Administration DEPARTMENT OF AGRICULTURE Title II funding of projects under the Building, 250 N. Main in Richfield, Secure Rural Schools and County Self- Utah. Written comments should be sent Forest Service Determination Act of 2000. to Fishlake National Forest, 115 E 900 All North Gifford Pinchot National Siuslaw Resource Advisory Committee N, Richfield, UT 84701. Comments may Forest Resource Advisory Committee also be sent via email to AGENCY: Forest Service, USDA. meetings are open to the public. [email protected], or via facsimile to Interested citizens are encouraged to ACTION: Notice of meeting. 435–896–9347. attend. The ‘‘open forum’’ provides All comments, including names and SUMMARY: The Siuslaw Resource opportunity for the public to bring addresses when provided, are placed in Advisory Committee will meet in issues, concerns, and discussion topics the record and are available for public Corvallis, OR. The purpose of the to the Advisory Committee. The ‘‘open inspection and copying. The public may meeting is to Review RAC FY10 forum’’ is scheduled to occur at 9:10 inspect comments received at Fishlake Business, Elect Chairperson, Set FY11 a.m. Interested speakers will need to National Forest 115 B. 900 N., Richfield, Overhead Rate, Monitoring Report, register prior to the open forum period. UT. Visitors are encouraged to call Information Share, Public Forum and The committee welcomes the public’s ahead to (435) 896–1070 to facilitate 2011 Project Review. written comments on committee entry into the building. business at any time. DATES: The meeting will be held May FOR FURTHER INFORMATION CONTACT: John 18, 2010 beginning at 8 a.m. FOR FURTHER INFORMATION CONTACT: Zapell, RAC Coordinator, Fishlake Direct questions regarding this meeting ADDRESSES: The meeting will be held at National Forest, (435) 896–1070; e-mail: to Chris Strebig, Public Affairs the Siuslaw National Forest [email protected]. Specialist, at (360) 891–5005, or write to Supervisor’s Office, 4077 SW. Research Individuals who use Forest Headquarters Office, Gifford Way, Corvallis Oregon. telecommunication devices for the deaf Pinchot National Forest, 10600 NE. 51st (TDD) may call the Federal Information FOR FURTHER INFORMATION CONTACT: Joni Circle, Vancouver, WA 98682. Relay Service (FIRS) at 1–800–877–8339 Quarnstrom, Public Affairs Officer, between 8 a.m. and 8 p.m., Eastern Siuslaw National Forest, 541/750–7025 Dated: May 4, 2010. Standard Time, Monday through Friday. or write to Forest Supervisor, Siuslaw Janine Clayton, National Forest, 4077 SW. Research Forest Supervisor. SUPPLEMENTARY INFORMATION: The Way Corvallis, OR 97333. [FR Doc. 2010–11166 Filed 5–12–10; 8:45 am] meeting is open to the public. The following business will be conducted: SUPPLEMENTARY INFORMATION: A public BILLING CODE 3410–11–M (1) Welcome and Committee input period will begin before 2011 introductions; (2) Federal Advisory project review. DEPARTMENT OF AGRICULTURE Committee Act overview and Dated: May 5, 2010. powerpoint; (3) review of Payments to Michael Harvey, Forest Service States legislative history and discussion Recreation/Lands Staff. of requirements related to Title II and Fishlake Resource Advisory [FR Doc. 2010–11164 Filed 5–12–10; 8:45 am] Title III funding; (4) discussion of Committee BILLING CODE 3410–11–M Committee member roles and AGENCY: Forest Service, USDA. operational guidelines; (5) discussion of ACTION: Notice of meeting. preliminary project ideas; (6) Election of DEPARTMENT OF AGRICULTURE committee chairperson; (7) review of SUMMARY: The Fishlake Resource next meeting purpose, location, and Forest Service Advisory Committee will meet in date; (8) and receive public comment. Richfield, Utah. The committee is Persons who wish to bring related North Gifford Pinchot National Forest meeting as authorized under the Secure matters to the attention of the Resource Advisory Committee Meeting Rural Schools and Community Self- Committee may file written statements Notice Determination Act (Pub. L 110–343) and with the Committee staff before or after AGENCY: Forest Service, USDA. in compliance with the Federal the meeting. Public input sessions will ACTION: Notice of meeting. Advisory Committee Act. The purpose be provided and individuals who made of the meeting is conduct ‘‘welcomes’’ written requests by May 28, 2010 will SUMMARY: The North Gifford Pinchot and introductions, review the Federal have the opportunity to address the National Forest Resource Advisory Advisory Committee Act requirements, Committee at those sessions.

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Dated: May 3, 2010. Commercial Remote Sensing Regulatory Republic of China: Final Results of Allen Rowley, Affairs Office, NOAA Satellite and Expedited Sunset Review of Forest Supervisor. Information Services, 1335 East West Antidumping Duty Order, 75 FR 15415 [FR Doc. 2010–11200 Filed 5–12–10; 8:45 am] Highway, Room 8119, Silver Spring, (March 29, 2010). On April 30, 2010, the ITC BILLING CODE 3410–11–M Maryland 20910; telephone (301) 713– 1644, e-mail determined, pursuant to section 751(c) [email protected]. of the Act, that revocation of the antidumping duty order on certain DEPARTMENT OF COMMERCE Jane D’Aguanno, crepe paper from the PRC would likely Director, NOAA Commercial Remote Sensing, lead to a continuation or recurrence of National Oceanic and Atmospheric Regulatory Affairs. Administration material injury to an industry in the [FR Doc. 2010–11416 Filed 5–12–10; 8:45 am] United States within a reasonably Charter Renewals BILLING CODE 3510–HR–P foreseeable future. See Crepe Paper Products From China Determination, 75 ACTION: Notice of Renewal of the FR 24968 (May 6, 2010), and USITC DEPARTMENT OF COMMERCE Advisory Committee on Commercial Publication 4148 (April 2010), Crepe Remote Sensing Charter. International Trade Administration Paper Products from China: Investigation No. 731–TA–1070A SUMMARY: In accordance with the [A–570–895] (Review). provisions of the Federal Advisory Committee Act, 5 U.S.C. App 2, and the Certain Crepe Paper Products From Scope of the Order General Services Administration (GSA) the People’s Republic of China: For purposes of the order, the term rule on Federal Advisory Committee Continuation of Antidumping Duty ‘‘certain crepe paper’’ includes crepe Management, 41 CFR Part 101–6, and Order paper products that have a basis weight not exceeding 29 grams per square after consultation with GSA, the AGENCY: Import Administration, meter prior to being creped and, if Secretary of Commerce has determined International Trade Administration, appropriate, flame-proofed. Crepe paper that the renewal of the Advisory Department of Commerce. Committee on Commercial Remote has a finely wrinkled surface texture DATES: Effective Date: May 13, 2010. Sensing (ACCRES) is in the public and typically but not exclusively is SUMMARY: As a result of the interest in connection with the treated to be flame-retardant. Crepe determinations by the Department of paper is typically but not exclusively performance of duties imposed on the ‘‘ ’’ Commerce ( Department ) and the produced as streamers in roll form and Department by law. The ACCRES International Trade Commission (‘‘ITC’’) Charter was renewed on April 1, 2010. packaged in plastic bags. Crepe paper that revocation of the antidumping duty may or may not be bleached, dye SUPPLEMENTARY INFORMATION: The order on certain crepe paper products Committee was first established in May colored, surface-colored, surface from the People’s Republic of China decorated or printed, glazed, sequined, 2002, to advise the Under Secretary of (‘‘PRC’’) would likely lead to a Commerce for Oceans and Atmosphere embossed, die-cut, and/or flame continuation or recurrence of dumping retardant. Subject crepe paper may be on matters relating to the U.S. and material injury to an industry in the commercial remote-sensing industry rolled, flat or folded, and may be United States, the Department is packaged by banding or wrapping with and NOAA’s activities to carry out the publishing a notice of continuation of responsibilities of the Department of paper, by placing in plastic bags, and/ the antidumping duty order. or by placing in boxes for distribution Commerce set forth in the Land Remote FOR FURTHER INFORMATION CONTACT: Sensing Policy Act of 1992 (15 U.S.C. and use by the ultimate consumer. Alexis Polovina, AD/CVD Operations, Packages of crepe paper subject to this Secs. 5621–5625). Import Administration, International ACCRES will have a fairly balanced order may consist solely of crepe paper Trade Administration, U.S. Department of one color and/or style, or may contain membership consisting of of Commerce, 14th Street and approximately 9 to 15 members serving multiple colors and/or styles. The Constitution Avenue, NW., Washington, merchandise subject to this order does in a representative capacity. All DC 20230; telephone: (202) 482–3927. members should have expertise in not have specific classification numbers SUPPLEMENTARY INFORMATION: On remote sensing, space commerce or a assigned to them under the Harmonized December 1, 2009, the Department related field. Each candidate member Tariff Schedule of the United States published the notice of initiation of the shall be recommended by the Assistant (‘‘HTSUS’’). Subject merchandise may be sunset review of the antidumping duty Administrator of the National under one or more of several different order on certain crepe paper products Environmental Data and Information HTSUS subheadings, including: from the PRC pursuant to section 751(c) Service (NESDIS) and shall be 4802.30; 4802.54; 4802.61; 4802.62; of the Tariff Act of 1930, as amended appointed by the Under Secretary for a 4802.69; 4804.39; 4806.40; 4808.30; (‘‘the Act’’). See Initiation of Five-Year term of two years serving at the 4808.90; 4811.90; 4818.90; 4823.90; (‘‘Sunset’’) Review, 74 FR 62748 discretion of the Under Secretary. 9505.90.40. The tariff classifications are (December 1, 2009). The Committee will function solely as provided for convenience and customs As a result of its review, the purposes; however, the written an advisory body, and in compliance Department determined that revocation with provisions of the Federal Advisory description of the scope of this order is of the antidumping duty order on dispositive. Committee Act. Copies of the certain crepe paper products from the Committee’s revised Charter have been PRC would likely lead to a continuation Continuation of the Order filed with the appropriate committees of or recurrence of dumping and, therefore, As a result of these determinations by the Congress and with the Library of notified the ITC of the magnitude of the the Department and the ITC that Congress. margins likely to prevail should the revocation of the antidumping duty FOR FURTHER INFORMATION CONTACT: order be revoked. See Certain Crepe order would likely lead to a David Hasenauer, Program Analyst, Paper Products From the People’s continuation or recurrence of dumping

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and material injury to an industry in the DEPARTMENT OF COMMERCE Set-Aside (RSA) provision in the FMP, United States, pursuant to section reviewing various commercial quota 751(d)(2) of the Act, the Department National Oceanic and Atmospheric allocation alternatives, specifying the hereby orders the continuation of the Administration spiny dogfish quota and/or trip limits by antidumping order on certain crepe RIN 0648–AY12 sex, creating a limited access spiny paper from the PRC. U.S. Customs and dogfish permit, and developing Border Protection will continue to Mid-Atlantic Fishery Management management measures for the collect antidumping duty cash deposits Council; Spiny Dogfish Amendment 3 recreational spiny dogfish fishery. Since at the rates in effect at the time of entry Scoping Process the initial scoping meetings, two for all imports of subject merchandise. AGENCY: National Marine Fisheries additional issues have been identified The effective date of the continuation of for consideration in this Amendment: the order will be the date of publication Service (NMFS), National Oceanic and in the Federal Register of this notice of Atmospheric Administration (NOAA), 1) Identify the geographic extent and continuation. Pursuant to section Commerce. ecological characteristics of EFH for 751(c)(2) of the Act, the Department ACTION: Notice of intent to prepare an spiny dogfish, and evaluate impacts of intends to initiate the next five-year Environmental Impact Statement (EIS); the spiny dogfish fishery on EFH for all review of the order not later than 30 request for comments. federally managed species in the days prior to the fifth anniversary of the Northeast region. Amendment 3 will SUMMARY: effective date of continuation. The Mid-Atlantic and New include revisions to EFH designations This five-year (sunset) review and this England Fishery Management Councils and the fishing impact analysis that (Councils), in cooperation with NMFS, notice are in accordance with section were originally done in the 1999 FMP. announce that they may address two 751(c) of the Act and published It will also include any new information issues that were not noted in the initial pursuant to section 777(i)(1) of the Act. on non-fishing-related activities that Notice of Intent (NOI) for Amendment 3 Dated: May 7, 2010. to the Spiny Dogfish Fishery may adversely impact spiny dogfish Ronald K. Lorentzen, Management Plan (FMP). This notice EFH, any appropriate habitat Deputy Assistant Secretary, for Import announces a public process to solicit conservation and enhancement Administration. scoping comments on the two recommendations, revisions to the [FR Doc. 2010–11465 Filed 5–12–10; 8:45 am] additional issues, which relate to descriptions of prey species and their BILLING CODE 3510–DS–P Essential Fish Habitat (EFH) habitats, and a list of research and designations and commercial quota information needs. It could also identify management. The scoping comment Habitat Areas of Particular Concern for DEPARTMENT OF COMMERCE period for issues previously announced spiny dogfish, if appropriate. for Amendment 3 to the Spiny Dogfish International Trade Administration 2) Rollover of Annual Management Fishery Management Plan (FMP) closed Measures: Annual management [A–427–801, A–428–801, A–475–801, A–588– on September 4, 2009. Please focus measures are specified for each spiny 804, A–412–801] comments on these two additional dogfish fishing year (May 1 through issues not listed in the original NOI. Ball Bearings and Parts Thereof from April 30). If there is a delay in the France, Germany, Italy, Japan, and the DATES: Written comments must be development of annual management United Kingdom: Preliminary Results received on or before 5 p.m., EST, on measures for spiny dogfish, the FMP of Antidumping Duty Administrative June 1, 2010. does not currently specify that Reviews, Preliminary Results of ADDRESSES: Written comments may be measures, such as the commercial Changed-Circumstances Review, sent by any of the following methods: quota, would continue in effect from • Rescission of Antidumping Duty E-mail to the following address: one fishing year to the next. The Administrative Reviews in Part, and [email protected]. Please note on your Council is considering modifying the Intent To Revoke Order In Part correspondence and in the subject line FMP to allow measures to remain in of e-mail comments the following effect at the start of any fishing year if Correction identifier: ‘‘Spiny Dogfish Amendment new management measures have not yet In notice document 2010–9865 3—Additional Scoping Comments.’’; • been specified for that year. beginning on page 22384, in the issue of Mail or hand deliver to Daniel T. Wednesday, April 28, 2010, make the Furlong, Executive Director, Mid- The scoping document for following correction: Atlantic Fishery Management Council, Amendment 3 has been modified to On page 22390, in the first column, Suite 201, 800 N. State Street, Dover, DE accommodate these two additional the first part of the table under the 19901. Mark the outside of the envelope issues and may be obtained from the heading Preliminary Results of ‘‘Spiny Dogfish Amendment 3— Council office (see ADDRESSES), or by Reviews, should read: Additional Scoping Comments’’; or request to the Council by telephone • Fax to (302) 674–5399. (302) 674–2331, or via the Internet at Company Margin FOR FURTHER INFORMATION CONTACT: Mr. http://www.mafmc.org/mid-atlantic/ (percent) Daniel T. Furlong, Mid-Atlantic Fishery comments/comments.htm. France Management Council, Suite 201, 800 N. Authority: 16 U.S.C. 1801 et seq. State Street, Dover, DE 19901, SKF France ...... 6.86 (telephone 302–674–2331). Dated: May 10, 2010 Microturbo SAS 6 ...... 6.86 SUPPLEMENTARY INFORMATION: The initial James P. Burgess, NOI was published in the Federal Acting Director, Office of Sustainable * * * * * Register on August 5, 2009 (74 FR Fisheries, National Marine Fisheries Service. 39063). This NOI solicited comments for [FR Doc. 2010–11461 Filed 5–12–10; 8:45 am] [FR Doc. C1–2010–9865 Filed 5–12–10; 8:45 am] the following issues to be addressed in BILLING CODE 3510–22–S BILLING CODE 1505–01–D Amendment 3: Including a Research-

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DEPARTMENT OF COMMERCE Special Accommodations status, social and economic impacts of The meeting is physically accessible management measures, and National Oceanic and Atmospheric to people with disabilities. Requests for sustainability of fishing practices. Administration sign language interpretation or other On January 16, 2009, the National auxiliary aids should be directed to M. Marine Fisheries Service (NMFS) issued RIN 0648–XW42 Jan Saunders at the Mid-Atlantic final revised guidelines for National Council Office, (302) 526–5251, at least Standard 1 (NS1) of the MSA on how to Mid-Atlantic Fishery Management 5 days prior to the meeting date. comply with the new annual catch limit Council (MAFMC); Public Meeting Dated: May 7, 2010. (ACL) requirements for ending overfishing of federal fisheries. The law AGENCY: National Marine Fisheries Tracey L. Thompson, Service (NMFS), National Oceanic and requires that ACLs be implemented by Acting Director, Office of Sustainable 2011. The primary objective of this Atmospheric Administration (NOAA), Fisheries, National Marine Fisheries Service. Commerce. workshop is to discuss best practices [FR Doc. 2010–11333 Filed 5–12–10; 8:45 am] and approaches for setting scientifically ACTION: BILLING CODE 3510–22–S Notice of a public meeting. based catch limits and to discuss regional peer review programs. SUMMARY: The Mid-Atlantic Fishery Management Council’s (MAFMC) Joint DEPARTMENT OF COMMERCE Tuesday, October 19, 2010; 9 a.m. - 5 Spiny Dogfish Committee and Advisory p.m. Panel will hold a meeting via webinar. National Oceanic and Atmospheric Administration DATES: The webinar will be held on SSC progress reports on ABC control Thursday, June 3, 2010, from 9 a.m. to RIN 0648–XW43 rule implementation, review of regional 12 p.m. peer review programs. South Atlantic Fishery Management ADDRESSES: The webinar will be held at Wednesday, October 20, 2010; 8 a.m. - Council; Public Meetings the Mid-Atlantic Fishery Management 5 p.m. Council, 800 N. State Street, Suite 201, AGENCY: National Marine Fisheries Role of SSCs in peer review programs; Dover, DE 19901; telephone: (302) 674– Service (NMFS), National Oceanic and acceptance of peer review results; 2331. Atmospheric Administration (NOAA), developing fishing level Council address: Mid-Atlantic Fishery Commerce. recommendations: using control rules Management Council, 800 N. State ACTION: Notice of public meetings. and incorporating uncertainty. Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. SUMMARY: The Eight Regional Fishery Thursday, October 21, 2010; 8 a.m. - 5 FOR FURTHER INFORMATION CONTACT: Management Councils will convene a p.m. Daniel T. Furlong, Executive Director, meeting of representatives of their Developing fishing level Mid-Atlantic Fishery Management respective Scientific and Statistical recommendations: options when Council, 800 N. State Street, Suite 201, Committee (SSCs) at the Charleston infeasible, ensuring consistency and Dover, DE 19901; telephone: (302) 674– Marriott, Charleston, SC. objectivity; After ABC: role of SSC in 2331, extension 255. DATES: The meetings will be held October 19–21, 2010. ACL and AM development, role of SSC SUPPLEMENTARY INFORMATION: The in social and economic issues. purpose of the meeting will be to review ADDRESSES: The meetings will be held at scoping comments and consider action the Charleston Marriott, 170 Lockwood The agenda is subject to change, and alternatives for inclusion in Boulevard, Charleston SC 29403; the latest version will be posted at Amendment 3 to the Spiny Dogfish telephone: (843) 968–3569. http://www.fisherycouncils.org. FMP. FOR FURTHER INFORMATION CONTACT: Kim Although non-emergency issues not Details concerning participation on Iverson or John Carmichael at the South contained in this agenda may come the webinar will be posted on the Atlantic Fishery Management Council, before this group for discussion, those Council’s website at www.mafmc.org. 4055 Faber Place Drive, Suite 201, North issues may not be the subject of formal Interested members of the public may Charleston, SC 29405; telephone: (843) action during these meetings. Action observe via computer and/or phone 571–4366. will be restricted to those issues access or may attend the meeting in SUPPLEMENTARY INFORMATION: The specifically listed in this notice and any person at the Mid-Atlantic Council Magnuson Stevens Fishery Conservation issues arising after publication of this offices located at 800 North State Street, and Management Act (MSA) requires notice that require emergency action Suite 201, Dover, DE 19901. that each Council maintain and utilize under section 305(c) of the Magnuson- Although non-emergency issues not its SSCs to assist in the development, Stevens Fishery Conservation and contained in this agenda may come collection, evaluation, and peer review Management Act, provided the public before this group for discussion, those of information relevant to the has been notified of the Council’s intent issues may not be the subject of formal development and amendment of fishery to take final action to address the action during this meeting. Action will management plans (FMPs). In addition, emergency. be restricted to those issues specifically the MSA mandates that each SSC shall Special Accommodations listed in this notice and any issues provide its Council ongoing scientific arising after publication of this notice advice for fishery management These meetings are physically that require emergency action under decisions, including recommendations accessible to people with disabilities. section 305(c) of the Magnuson-Stevens for acceptable biological catch (ABC), Requests for sign language Fishery Conservation and Management preventing overfishing, maximum interpretation or other auxiliary aids Act, provided the public has been sustainable yield, and achieving should be directed to the Council office notified of the Council’s intent to take rebuilding targets, and reports on stock (see ADDRESSES) at least 7 working days final action to address the emergency. status and health, bycatch, habitat prior to the meeting.

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Dated: May 7, 2010. including species such as whales and AVISMA during the POR. SMW Tracey L. Thompson, dolphins and develop comments for reported that it had no shipments to the Acting Director, Office of Sustainable Council consideration. United States during the POR. The Fisheries, National Marine Fisheries Service. Although non-emergency issues not preliminary results are listed below in [FR Doc. 2010–11334 Filed 5–12–10; 8:45 am] contained in this agenda may come the section titled ‘‘Preliminary Results of BILLING CODE 3510–22–S before this group for discussion, those Review.’’ issues may not be the subject of formal DATES: Effective Date: May 13, 2010. action during this meeting. Action will FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE be restricted to those issues specifically Hermes Pinilla or Minoo Hatten, AD/ listed in this notice and any issues CVD Operations, Office 5, Import National Oceanic and Atmospheric arising after publication of this notice Administration, International Trade Administration that require emergency action under Administration, U.S. Department of RIN 0648–XW41 section 305(c) of the Magnuson-Stevens Commerce, 14th Street and Constitution Fishery Conservation and Management Avenue, NW., Washington, DC 20230; Mid-Atlantic Fishery Management Act, provided the public has been telephone: (202) 482–3477 or (202) 482– Council; Public Meeting notified of the Council’s intent to take 1690, respectively. final action to address the emergency. AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: Service (NMFS), National Oceanic and Special Accommodations Background Atmospheric Administration (NOAA), The meeting is physically accessible Commerce. The Department published the to people with disabilities. Requests for antidumping duty order on magnesium ACTION: Notice of a public meeting. sign language interpretation or other metal from the Russian Federation on auxiliary aids should be directed to M. April 15, 2005. See Notice of SUMMARY: The Mid-Atlantic Fishery Jan Saunders at the Mid-Atlantic Management Council’s (MAFMC) Antidumping Duty Order: Magnesium Council Office, (302) 526–5251, at least Metal From the Russian Federation, 70 Protected Resources Committee will 5 days prior to the meeting date. hold a public meeting via webinar. FR 19930 (April 15, 2005) (Antidumping Dated: May 7, 2010. Duty Order). On April 1, 2009, the DATES: This webinar will be held on Wednesday, June 2, 2010 from 1 p.m. to Tracey L. Thompson, Department published in the Federal 4 p.m. Acting Director, Office of Sustainable Register a notice of opportunity to Fisheries, National Marine Fisheries Service. request an administrative review of the ADDRESSES: The webinar will be held at antidumping duty order on magnesium the Mid-Atlantic Fishery Management [FR Doc. 2010–11332 Filed 5–12–10; 8:45 am] BILLING CODE 3510–22–S metal from the Russian Federation. See Council, 800 N. State Street, Suite 201, Antidumping or Countervailing Duty Dover, DE 19901; telephone: (302) 674– Order, Finding, or Suspended 2331. DEPARTMENT OF COMMERCE Investigation; Opportunity to Request Council address: Mid-Atlantic Fishery Administrative Review, 74 FR 14771 Management Council, 800 N. State International Trade Administration (April 1, 2009). On April 30, 2009, Street, Suite 201, Dover, DE 19901; [A–821–819] AVISMA, a Russian Federation telephone: (302) 674–2331. producer of the subject merchandise, FOR FURTHER INFORMATION CONTACT: Magnesium Metal From the Russian requested that the Department conduct Daniel T. Furlong, Executive Director, Federation: Preliminary Results of an administrative review. On April 30, Mid-Atlantic Fishery Management Antidumping Duty Administrative 2009, U.S. Magnesium Corporation LLC, Council, 800 N. State Street, Suite 201, Review the petitioner in this proceeding, Dover, DE 19901; telephone: (302) 526– requested that the Department conduct 5255. AGENCY: Import Administration, an administrative review with respect to SUPPLEMENTARY INFORMATION: Details International Trade Administration, AVISMA and SMW, another Russian concerning participation on the webinar Department of Commerce. Federation producer of the subject will be posted on the Council’s website SUMMARY: In response to timely merchandise. On May 29, 2009, the at www.mafmc.org. Interested members requests, the Department of Commerce Department published a notice of of the public may participate remotely (the Department) is conducting an initiation of an administrative review of via computer and/or phone access or administrative review of the the antidumping duty order on may attend the meeting in person at the antidumping duty order on magnesium magnesium metal from the Russian Mid-Atlantic Council offices located at metal from the Russian Federation for Federation for the period April 1, 2008, 800 North State Street, Suite 201, Dover, the period of review (POR) April 1, through March 31, 2009. See Initiation DE 19901. 2008, through March 31, 2009. The of Antidumping and Countervailing The Committee will meet with its review covers two respondents, PSC Duty Administrative Reviews, 74 FR Advisory Panel to review the NMFS VSMPO–AVISMA Corporation 25711 (May 29, 2009). Proposed Rule to change the listing (AVISMA) and Solikamsk Magnesium On December 16, 2009, the status of loggerhead sea turtles from Works (SMW). Department extended the deadline for threatened to endangered under the The Department preliminarily the preliminary results of this Endangered Species Act and develop determines that AVISMA did not make antidumping duty administrative review comments for consideration by the full sales to the United States at less than from December 31, 2009, to April 30, Council at its June meeting. In addition, normal value. If these preliminary 2010. See Magnesium Metal from the the Committee will discuss NOAA’s results are adopted in the final results Russian Federation: Notice of Extension proposed options for implementing of this administrative review, we will of Time Limit for Preliminary Results of parts of the Marine Mammal Protection instruct U.S. Customs and Border Antidumping Duty Administrative Act that address the incidental catch of Protection (CBP) to assess no Review, 74 FR 66619 (December 16, marine mammals in foreign fisheries, antidumping duties on entries by 2009).

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As explained in the Memorandum granular materials to make magnesium- Review, 70 FR 53161, 53162 (September from the Deputy Assistant Secretary for based reagent mixtures, including lime, 7, 2005), unchanged in Oil Country Import Administration, the Department calcium metal, calcium silicon, calcium Tubular Goods from Japan: Final has exercised its discretion to toll carbide, calcium carbonate, carbon, slag Results and Partial Rescission of deadlines for the duration of the closure coagulants, fluorspar, nephaline syenite, Antidumping Duty Administrative of the Federal Government from feldspar, alumina (Al203), calcium Review, 71 FR 95 (January 3, 2006). As February 5 through February 12, 2010. aluminate, soda ash, hydrocarbons, a result, in such circumstances, we Thus, the deadline in this segment of graphite, coke, silicon, rare earth normally instruct CBP to liquidate any the proceeding has been extended by metals/mischmetal, cryolite, silica/fly entries from the no-shipment company seven days. The revised deadline for the ash, magnesium oxide, periclase, at the deposit rate in effect on the date preliminary results of the antidumping ferroalloys, dolomite lime, and of entry. administrative review on magnesium colemanite.1 In our May 6, 2003, ‘‘automatic metal from the Russian Federation is The merchandise subject to the order assessment’’ clarification, we explained now May 7, 2010. See Memorandum to is currently classifiable under items that, where respondents in an the Record from Ronald Lorentzen, DAS 8104.11.00, 8104.19.00, 8104.30.00, and administrative review demonstrate that for Import Administration, regarding 8104.90.00 of the Harmonized Tariff they had no knowledge of sales through ‘‘Tolling of Administrative Deadlines As Schedule of the United States (HTSUS). resellers to the United States, we would a Result of the Government Closure Although the HTSUS item numbers are instruct CBP to liquidate such entries at During the Recent Snowstorm,’’ dated provided for convenience and customs the all-others rate applicable to the February 12, 2010. purposes, the written description of the proceeding. See Antidumping and Countervailing Duty Proceedings: Scope of the Order merchandise covered by the order is dispositive. See Id. Assessment of Antidumping Duties, 68 The merchandise covered by the order FR 23954 (May 6, 2003). is magnesium metal (also referred to as SMW Based on SMW’s assertion of no magnesium), which includes primary On June 1, 2009, SMW submitted a shipments and confirmation of that and secondary pure and alloy letter indicating that it made no sales to claim by CBP data, we preliminarily magnesium metal, regardless of the United States during the POR. We determine that SMW had no sales to the chemistry, raw material source, form, have not received any comments on United States during the POR. shape, or size. Magnesium is a metal or SMW’s submission. We confirmed Because ‘‘as entered’’ liquidation alloy containing by weight primarily the SMW’s claim of no shipments by instructions do not alleviate the element magnesium. Primary issuing a ‘‘No Shipments Inquiry’’ to concerns which the May 2003 magnesium is produced by CBP and by reviewing electronic CBP clarification was intended to address, decomposing raw materials into data. See Memorandum to the File, we find it appropriate in this case to magnesium metal. Secondary entitled ‘‘Magnesium Metal from the instruct CBP to liquidate any existing magnesium is produced by recycling Russian Federation—Placement of entries of merchandise produced by magnesium-based scrap into magnesium Customs Data on the Record,’’ dated SMW and exported by other parties at metal. The magnesium covered by the May 7, 2010. the all-others rate should we continue to order includes blends of primary and With regard to SMW’s claim of no find at the time of our final results that secondary magnesium. shipments, our practice since SMW had no shipments of subject The subject merchandise includes the implementation of the 1997 regulations merchandise from the Russian following pure and alloy magnesium concerning no-shipment respondents Federation. See, e.g., Certain Frozen metal products made from primary and/ has been to rescind the administrative Warmwater Shrimp from India: Partial or secondary magnesium, including, review if the respondent certifies that it Rescission of Antidumping Duty without limitation, magnesium cast into had no shipments and we have Administrative Review, 73 FR 77610, ingots, slabs, rounds, billets, and other confirmed through our examination of 77612 (December 19, 2008). In addition, shapes, and magnesium ground, CBP data that there were no shipments the Department finds that it is more chipped, crushed, or machined into of subject merchandise during the POR. consistent with the May 2003 raspings, granules, turnings, chips, See Antidumping Duties; Countervailing clarification not to rescind the review in powder, briquettes, and other shapes: Duties, 62 FR 27296, 27393 (May 19, part in these circumstances but, rather, (1) Products that contain at least 99.95 1997), and Oil Country Tubular Goods to complete the review with respect to percent magnesium, by weight from Japan: Preliminary Results of SMW and issue appropriate instructions (generally referred to as ‘‘ultra-pure’’ Antidumping Duty Administrative to CBP based on the final results of the magnesium); (2) products that contain Review and Partial Rescission of review. See the Assessment Rates less than 99.95 percent but not less than section of this notice below. 99.8 percent magnesium, by weight 1 This second exclusion for magnesium-based Verification (generally referred to as ‘‘pure’’ reagent mixtures is based on the exclusion for magnesium); and (3) chemical reagent mixtures in the 2001 investigations of As provided in section 782(i) of the combinations of magnesium and other magnesium from the People’s Republic of China, Tariff Act of 1930, as amended (the Act), Israel, and the Russian Federation. See Notice of material(s) in which the magnesium Final Determination of Sales at Less Than Fair we verified the information submitted content is 50 percent or greater, but less Value: Pure Magnesium in Granular Form From the by AVISMA with regard to its sales in that 99.8 percent, by weight, whether or People’s Republic of China, 66 FR 49345 the United States. not conforming to an ‘‘ASTM (September 27, 2001), and Notice of Final We used standard verification Determination of Sales at Less Than Fair Value: Specification for Magnesium Alloy.’’ Pure Magnesium From Israel, 66 FR 49349 procedures including examination of The scope of the order excludes: (1) (September 27, 2001); Notice of Final Determination relevant accounting and production Magnesium that is in liquid or molten of Sales at Not Less Than Fair Value: Pure records and original source documents form; and (2) mixtures containing 90 Magnesium From the Russian Federation, 66 FR provided by AVISMA. See U.S. Sales 49347 (September 27, 2001). These mixtures are not percent or less magnesium in granular magnesium alloys, because they are not chemically Verification Report, entitled or powder form by weight and one or combined in liquid form and cast into the same ‘‘Verification of the Sales Response of more of certain non-magnesium ingot. PSC VSMPO–AVISMA Corporation in

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the Antidumping Review of Magnesium accounting records, we found that, In accordance with section 772(d)(1) Metal from the Russian Federation,’’ although the merchandise may be in of the Act, we deducted direct selling (U.S. Sales Verification Report), dated AVISMA’s warehouse for some time expenses and indirect selling expenses May 7, 2010. We are scheduled to until it ships the merchandise to its U.S. related to commercial activity in the conduct the home-market sales and customers, AVISMA treats the inventory United States. See also Statement of cost-of-production verifications in mid- in its normal books and records as if it Administrative Action accompanying May 2010. Any post-preliminary results left the warehouse for shipment on the the Uruguay Round Agreements Act, verification findings will be reflected in date it issues the invoice. Thus, H.R. Doc. No. 103–316, vol. 1 (1994) at the final results. according to AVISMA’s books and 823–824. Pursuant to sections 772(d)(3) and 772(f) of the Act, we made an Date of Sale records, the company treats the sales made through the bill-and-hold adjustment for CEP profit allocated to The petitioner has alleged that methodology as final sales although expenses deducted under section AVISMA made sales to certain U.S. AVISMA may not have shipped the 772(d)(1) of the Act. In accordance with customers where the issuance of merchandise to its U.S. customer until section 772(f) of the Act, we computed invoices for such sales occurred in the sometime later or may not have received profit based on the total revenues 2007/08 POR but the subject payment for the sale until after it realized on sales in both the U.S. and merchandise was shipped during the shipped the merchandise. For further home markets, less all expenses 2008/09 POR. The petitioner alleges that information, See U.S. Sales Verification associated with those sales. We then these sales should be reported in the Report and Decision Memorandum allocated profit to expenses incurred 2008/09 POR because the material terms entitled ‘‘Magnesium Metal from the with respect to U.S. economic activity of these ‘‘bill-and-hold sales’’ were not Russian Federation—Bill-and-Hold based on the ratio of total U.S. expenses established until AVISMA shipped its Sales Invoiced During the 2007/2008 to total expenses for both the U.S. and merchandise to its U.S. customers (and Administrative Review,’’ dated May 7, home markets. See AVISMA received payment), not when it issued 2010. Preliminary Results Analysis the invoice. AVISMA has contended Finally, through our examination of Memorandum dated May 7, 2010. that the date of sale is the invoice date customs documents related to the bill- because the terms of sales were final Normal Value and-hold sales, we found that all of the and, as a result, it was appropriate to Based on a comparison of the disputed sales entered for consumption report the bill-and-hold sales in the aggregate quantity of home-market and completed 2007/08 administrative during the 2007/08 POR and, therefore, U.S. sales and absent any information review. The petitioner disputes will be liquidated in accordance with that a particular market situation in the AVISMA’s claim and has requested that the final court ruling concerning the exporting country did not permit a the Department require AVISMA to final results of that review. See U.S. proper comparison, we determined that report the disputed sales in this review. Sales Verification Report. the quantity of foreign like product sold The petitioner contends that, if Constructed Export Price by AVISMA in the exporting country AVISMA does not report these sales, the was sufficient to permit a proper Department should apply facts available AVISMA identified all of its sales to comparison with the sales of the subject with an adverse inference to AVISMA the United States as constructed export- merchandise to the United States under for not acting to the best of its ability. price (CEP) sales because the U.S. sales section 773(a) of the Act. AVISMA’s Section 351.401(i) of the Department’s were made for the account of AVISMA quantity of sales in its home market was regulations states that, in identifying the by AVISMA’s U.S. affiliate, VSMPO– greater than five percent of its sales to date of sale of the subject merchandise Tirus, U.S., Inc. (Tirus US), to the U.S. market. Therefore, in or foreign like product, the Secretary unaffiliated purchasers in the United accordance with section 773(a)(1)(B)(i) normally will use the date of invoice, as States. AVISMA and Tirus US are of the Act, we considered basing normal recorded in the exporter’s or producer’s affiliated because Tirus US is a wholly value on the prices at which the foreign records kept in the ordinary course of owned subsidiary of AVISMA. See like product was first sold for business. The Preamble to those section 771(33)(E) of the Act. U.S. sales consumption in the exporting country regulations clarifies that, ‘‘* * * absent to the first unaffiliated party were made in the usual commercial quantities and satisfactory evidence that the terms of in the United States by the U.S. affiliate, in the ordinary course of trade and, to sale were finally established on a thus satisfying the legal requirements the extent practicable, at the same level different date, the Department will for considering these transactions to be of trade as the CEP sales. presume that the date of sale is the date CEP sales. See section 772(b) of the Act. In accordance with section 771(16)(A) of invoice.’’ See Antidumping Duties; We calculated CEP based on the of the Act, we considered all products Countervailing Duties, 62 FR at 27349. packed, C.I.F. price to unaffiliated produced by AVISMA that are covered As mentioned above, we have purchasers in the United States. In by the description in the Scope of the conducted the verification of AVISMA’s accordance with section 772(c)(2) of the Order section, above, and that were sold U.S. sales response. We examined Act, for AVISMA’s CEP sales we made in the home market during the POR to AVISMA’s bill-and-hold arrangements deductions from price for movement be foreign like products for purposes of with several of its U.S. customers for expenses and discounts, where determining appropriate product various products it sells in the United appropriate. More specifically, we comparisons to U.S. sales. In accordance States. We found that AVISMA issues deducted early-payment discounts, with sections 771(16)(B) and (C) of the the invoice with set terms of the sale expenses for Russian railway freight Act, where there were no sales of but, at the request of its bill-and-hold from plant to port, freight insurance, identical merchandise in the home customers, it ships the items at a later Russian brokerage, handling and port market to compare to U.S. sales, we date. We determined that the material charges, international freight and considered comparing U.S. sales to the terms of sale for these bill-and-hold marine insurance, U.S. customs duties, most similar foreign like product on the transactions did not change between the U.S. brokerage, handling, and port basis of the product characteristics we date of invoice and date of shipment. charges, U.S. warehousing, and U.S. determined to be the most appropriate Through our examination of AVISMA’s inland freight. for purposes of matching products.

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Cost-of-Production Analysis We agree with AVISMA that for Value Calculation Adjustments for the purposes of this review it is proper to Preliminary Results—PSC VSMPO– We disregarded below-cost sales in depart from its normal books and AVISMA Corporation and VSMPO— accordance with section 773(b) of the records. We preliminarily find, Tirus US Inc.,’’ dated May 7, 2010. Act in the last completed review with however, that it is reasonable to treat After calculating the COP and in respect to AVISMA in which it chlorine gas and market-quality raw accordance with section 773(b)(1) of the participated. See Magnesium Metal from magnesium produced jointly at the Act, we tested whether home-market the Russian Federation: Final Results of split-off point as co-products because sales of the foreign like product were Antidumping Duty Administrative the total NRV of chlorine gas relative to made at prices below the COP within an Review, 73 FR 52642, 52643 (September the total NRV of market-quality raw extended period of time in substantial 10, 2008) (06/07 Final). Therefore, we magnesium is significant. This is quantities and whether such prices have reasonable grounds to believe or consistent with our findings in the permitted the recovery of all costs suspect that sales of the foreign like 2006/2007 review of the order where we within a reasonable period of time. We product under consideration for the treated chlorine gas and market-quality compared model-specific COPs to the determination of normal value in this raw magnesium as co-products. See 06/ reported home-market prices less any review may have been made at prices 07 Final, and accompanying Issues and applicable movement charges, below the cost of production (COP) as Decision Memorandum at Comments 1– discounts, and rebates. Pursuant to provided by section 773(b)(2)(A)(ii) of 3. section 773(b)(2)(C) of the Act, when the Act. Therefore, pursuant to section For the purpose of allocating the split- less than 20 percent of a respondent’s 773(b)(1) of the Act, we conducted a off-point joint costs to these two co- sales of a given product were at prices COP investigation of sales by AVISMA products, we estimated the NRV of less than the COP, we do not disregard in the home market. chlorine gas. We estimated the NRV of any below-cost sales of that product In accordance with section 773(b)(3) chlorine gas following the same because the below-cost sales were not of the Act, we calculated a weighted- replacement-value method we used in made in substantial quantities within an average COP based on the sum of the the 2006/2007 review. To calculate the extended period of time. When 20 cost of materials and fabrication for the NRV of market-quality raw magnesium, percent or more of a respondent’s sales foreign like product, plus amounts for we started with AVISMA’s 2002 average of a given product were at prices less home-market selling, general and values reported for pure magnesium and than the COP, we disregard the below- administrative expenses, interest magnesium metal products. From these cost sales because they were made in expense, and packing expenses. average values we deducted the substantial quantities within an In its normal books and records, separable costs incurred by AVISMA extended period of time pursuant to AVISMA treats raw magnesium as a by- beyond the split-off point. We also sections 773(b)(2)(B) and (C) of the Act product of its titanium operations. Raw accounted for the actual quantity of and because, based on comparisons of magnesium and chlorine gas are market-quality raw magnesium used to prices to weighted-average COPs for the produced jointly during the third major produce one metric ton of pure POR, such sales were at prices which processing step, the electrolysis stage magnesium, or magnesium metal, by would not permit recovery of all costs (i.e., the split-off point), during which application of the product-specific yield within a reasonable period of time in both products become identifiable ratio. accordance with section 773(b)(2)(D) of We recalculated the joint costs the Act. Based on this test, we did not physically. The calculation of the by- incurred at the split-off point during the disregard any of AVISMA’s home- product value for raw magnesium starts POR by adding back the market-quality market sales of magnesium metal with the total sales value of finished raw magnesium by-product offset and because all such sales passed the cost goods produced. This amount is then removing the cost of chlorine gas (i.e., test. See AVISMA Preliminary Results reduced by the budgeted profit, selling the chlorine gas produced at split-off Analysis Memorandum dated May 7, expenses, and post-split-off costs. The point and recycled back to the previous 2010. remaining amount is deemed to processing stage) from the inputs used represent the total net realizable value in the production of market-quality raw Level of Trade (NRV) of raw magnesium. This value is magnesium and chlorine gas. Likewise, In the U.S. market, AVISMA made used to value the raw magnesium offset we adjusted the split-off-point chlorine- CEP sales. In the case of CEP sales, we in calculating a total NRV for chlorine gas production quantity for the identified the level of trade based on the gas. quantities recycled back to the previous price after the deduction of expenses For reporting purposes in this processing stage. and profit under section 772(d) of the administrative review, AVISMA We allocated the split-off-point joint Act. Although the starting price for CEP departed from its normal books and costs to chlorine gas and market-quality sales was based on sales made by the records and estimated the value of raw magnesium in proportion to their affiliated reseller to unaffiliated chlorine gas based on a facility it respective NRVs. We used the net customers through two channels of intends to operate in the future. It also interest expense ratio that AVISMA distribution, sales to end-users and treated chlorine gas as a by-product of calculated based on the amounts distributors, AVISMA reported similar raw magnesium production. AVISMA reported in AVISMA’s 2008 fiscal-year selling activities associated with all valued chlorine gas at the estimated cost audited consolidated financial sales to the affiliated reseller (i.e., at the of liquid chlorine plus estimated statements prepared in accordance with CEP level of trade). transportation and gasification costs it International Financial Reporting AVISMA reported one channel of estimated for the new facility. It then Standards. distribution in the home market, sales to deducted the total estimated value of For more details, See Memorandum to end-users. We found that this channel of chlorine gas from the total joint costs Neal M. Halper, Director, Office of distribution constitutes a single level of and assigned the remaining joint costs Accounting, through Michael P. Martin, trade in the home market. To determine to raw magnesium. See AVISMA’s Lead Accountant, from Sheikh M. whether home-market sales were made August 4, 2009, section D response at Hannan, Senior Accountant, entitled at a different level of trade than U.S. 34–36 and exhibits 4B and 4C. ‘‘Cost of Production and Constructed sales, we examined stages in the

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marketing process and selling functions after the date of publication of this entries of merchandise produced by along the chain of distribution between notice. Pursuant to 19 CFR 351.309(c), AVISMA or SMW at the all-others rate the producer and the unaffiliated case briefs or other written comments if there is no rate for the intermediate customer. We found that there were may be submitted to the Assistant company(ies) involved in the significant differences between the Secretary for Import Administration no transaction. For a full discussion of this selling activities associated with the later than seven days after the date of clarification, See Assessment of CEP level of trade and those associated the last verification report issued in this Antidumping Duties. with the home-market level of trade review and rebuttal briefs, limited to The Department will issue and, thus, we found the CEP level of issues raised in case briefs, no later than instructions to CBP 15 days after the trade to be different from the home- five days after the deadline date for case publication of the final results of market level of trade. Further, we found briefs. A list of authorities used and an review. the CEP level of trade to be at a less executive summary of issues should advanced stage of distribution than the accompany any briefs submitted to the Cash-Deposit Requirements home-market level of trade. Department. This summary should be Because AVISMA reported no home- limited to five pages total, including The following deposit requirements market levels of trade that were footnotes. will be effective upon completion of the equivalent to the CEP level of trade and In accordance with 19 CFR 351.310, final results of this administrative because we determined that the CEP we will hold a public hearing, if review for all shipments of the subject level of trade was at a less advanced requested, to afford interested parties an merchandise entered, or withdrawn stage than the single home-market level opportunity to comment on arguments from warehouse, for consumption on or of trade, we were unable to determine raised in case or rebuttal briefs. If after the publication of the final results a level-of-trade adjustment based on the requested, a hearing will be held two of this administrative review, as respondent’s home-market sales of the days after the deadline for submission of provided in section 751(a)(1) of the Act: foreign like product. Furthermore, we the rebuttal briefs at the U.S. (1) The cash-deposit rate for the have no other information that provides Department of Commerce, 14th Street reviewed firms will be those established an appropriate basis for determining a and Constitution Avenue, NW., in the final results of this review; (2) for level-of-trade adjustment. For Washington, DC 20230, at a time and previously reviewed or investigated AVISMA’s CEP sales, we made a CEP- location to be determined. Parties companies not covered in this review, offset adjustment in accordance with should confirm by telephone the date, the cash-deposit rate will continue to be section 773(a)(7)(B) of the Act. For a time, and location of the hearing two the company-specific rate published for description of our level-of-trade analysis days before the scheduled date. the most recent period; (3) if the for these preliminary results, See Interested parties who wish to request a exporter is not a firm covered in this AVISMA Preliminary Results Analysis hearing, or to participate if one is review, a prior review, or the less-than- Memorandum dated May 7, 2010. requested, must submit a written fair-value (LTFV) investigation but the request to the Assistant Secretary for manufacturer is, the cash-deposit rate Currency Conversion Import Administration, U.S. Department will be the rate established for the most For purposes of the preliminary of Commerce, Room 1870, within 30 recent period for the manufacturer of results and in accordance with section days of the date of publication of this the subject merchandise; (4) if neither 773A of the Act, we made currency notice. See 19 CFR 351.310(c). Requests the exporter nor the manufacturer is a conversions based on the official should contain (1) the party’s name, firm covered in this or any previous exchange rates in effect on the dates of address, and telephone number, (2) the segment of the proceeding, the cash- the U.S. sales as certified by the Federal number of participants, and (3) a list of deposit rate will continue to be the all- Reserve Bank of New York. See 19 CFR the issues to be discussed. At the others rate established in the LTFV 351.415. hearing, each party may make an investigation, which is 21.01 percent. affirmative presentation only on issues Preliminary Results of Review See Antidumping Duty Order. These raised in that party’s case brief and may cash-deposit requirements, when As a result of our review, we make rebuttal presentations only on imposed, shall remain in effect until preliminarily determine that the arguments included in that party’s further notice. following weighted-average dumping rebuttal brief. See 19 CFR 351.310(c). margins on magnesium metal from the Notification to Importers Russian Federation exist for the period Assessment Rates This notice serves as a preliminary April 1, 2008, through March 31, 2009: The Department shall determine, and CBP shall assess, antidumping duties on reminder to importers of their responsibility under 19 CFR Manufacturer/exporter Margin all appropriate entries. In accordance (percent) with 19 CFR 351.212(b)(1), we have 351.402(f)(2) to file a certificate regarding the reimbursement of PSC VSMPO–AVISMA Corpora- calculated an importer-specific assessment rate for AVISMA reflecting antidumping duties prior to liquidation tion ...... 0.00 of the relevant entries during this Solikamsk Magnesium Works ...... * these preliminary results of review. The Department clarified its review period. Failure to comply with * No shipments or sales subject to this re- ‘‘automatic assessment’’ regulation on this requirement could result in the view. The firm has an individual rate from the May 6, 2003. See Assessment of Secretary’s presumption that last segment of the proceeding in which the reimbursement of antidumping duties firm had shipments or sales. Antidumping Duties. This clarification will apply to entries of subject occurred and the subsequent assessment Disclosure and Public Comment merchandise during the POR produced of double antidumping duties. Pursuant to 19 CFR 351.224(b), the by AVISMA or SMW for which The preliminary results of this Department will disclose to any party to AVISMA or SMW did not know their administrative review and this notice the proceeding the calculations merchandise was destined for the are issued and published in accordance performed in connection with these United States. In such instances, we will with sections 751(a)(1) and 777(i)(1) of preliminary results within five days instruct CBP to liquidate unreviewed the Act.

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Dated: May 7, 2010. Administrative Reviews and Requests initiation of an investigation or review Ronald K. Lorentzen, for Revocation in Part, 74 FR 25711 and the deadline for providing separate Deputy Assistant Secretary for Import (May 29, 2009) (‘‘Initiation Notice’’). rate information. Based upon this Administration. On June 18, 2009, Petitioners practice, the Department concludes that [FR Doc. 2010–11463 Filed 5–12–10; 8:45 am] withdrew the request for review with because UMI did not file a separate rate BILLING CODE 3510–DS–P respect to 155 of the 187 originally certification in a timely manner or requested companies. On July 2, 2009, request an extension within the time the Department published a notice of period for filing a separate rate DEPARTMENT OF COMMERCE rescission in the Federal Register for certification, we are not now granting those 155 companies for which the additional time for UMI to file a International Trade Administration request for review was withdrawn. See separate rate certification in this 4 [A–570–904] Certain Activated Carbon From the review. People’s Republic of China: Notice of On November 24, 2009, the Certain Activated Carbon From the Partial Rescission of Antidumping Duty Department published a notice People’s Republic of China: Notice of Administrative Review, 74 FR 31690 extending the time period for issuing Preliminary Results of the Second (July 2, 2009) (‘‘First Rescission’’). On the preliminary results by 120 days to Antidumping Duty Administrative August 21, 2009, Petitioners withdrew April 30, 2009. See Certain Activated Review, and Preliminary Rescission in the request for review with respect to an Carbon from the People’s Republic of Part additional thirteen companies. On China: Extension of Time Limits for September 16, 2009, the Department Preliminary Results of the Antidumping AGENCY: Import Administration, published a second notice of rescission Duty Administrative Review, 74 FR International Trade Administration, in the Federal Register for those 61330 (November 24, 2009). Department of Commerce. thirteen companies. See Certain Additionally, as explained in the SUMMARY: The Department of Commerce Activated Carbon from the People’s memorandum from the Deputy (‘‘Department’’) is conducting the second Republic of China: Notice of Partial Assistant Secretary for Import administrative review of the Rescission of Antidumping Duty Administration, the Department has antidumping duty order on certain Administrative Review, 74 FR 47558 exercised its discretion to toll deadlines activated carbon from the People’s (September 16, 2009) (‘‘Second for the duration of the closure of the Republic of China (‘‘PRC’’) for the period Rescission’’). Following the two partial Federal Government from February 5, April 1, 2008, through March 31, 2009. rescissions, nineteen companies through February 12, 2010. See The Department has preliminarily remained subject to this review.2 On Memorandum to the Record from determined that sales have been made September 11, 2009, Ningxia Lingzhou Ronald Lorentzen, DAS for Import below normal value (‘‘NV’’) by the Foreign Trade Co., Ltd. (‘‘Lingzhou’’) Administration, regarding ‘‘Tolling of respondents examined in this submitted a letter certifying it had no Administrative Deadlines As a Result of administrative review. If these shipments during the period of review the Government Closure During the preliminary results are adopted in our (‘‘POR’’).3 Recent Snowstorm,’’ dated February 12, final results of this review, the On March 4, 2010, nine months after 2010. Pursuant to that memorandum, all Department will instruct U.S. Customs the publication of the Initiation Notice, deadlines in this segment of the and Border Protection (‘‘CBP’’) to assess United Manufacturing International proceeding have been extended by antidumping duties on all appropriate (Beijing) Ltd. (‘‘UMI’’) requested seven days. The revised deadline for the entries of subject merchandise during permission to file a late separate rate preliminary results of this review is now the period of review. certification, because UMI asserted that May 7, 2010. DATES: Effective Date: May 13, 2010. it was not properly served notice of this Respondent Selection FOR FURTHER INFORMATION CONTACT: Bob review at the time that the request was Palmer or Kathleen Marksberry, AD/ made by Petitioners. The Department Section 777A(c)(1) of the Act directs CVD Operations, Office 9, Import fully considered UMI’s request in light the Department to calculate individual Administration, International Trade of UMI not being properly served with dumping margins for each known Administration, Department of Petitioners’ request. However, it is the exporter or producer of the subject Commerce, 14th Street and Constitution Department’s practice that the Initiation merchandise.5 However, section Avenue, NW., Washington, DC 20230; Notice constitutes public notice to all 777A(c)(2) of the Act gives the telephone: (202) 482–9068 or (202) 482– potential separate rate applicants of the Department discretion to limit its 7906, respectively. examination to a reasonable number of 2 SUPPLEMENTARY INFORMATION: These companies are: Datong Municipal exporters or producers if it is not Yunguang Activated Carbon Co., Ltd.; Datong practicable to examine all exporters or Background Yunguang Chemicals Plant; Datong Juqiang producers involved in the review. Activated Carbon Co., Ltd.; Cherishment Inc.; Hebei The Department received timely Foreign Trade Advertisement Company; Ningxia On May 29, 2009, the Department requests by Petitioners 1 and certain PRC Huahui Activated Carbon Co., Ltd.; Ningxia released CBP data for entries of the and other companies, in accordance Lingzhou Foreign Trade Co., Ltd.; Ningxia Mineral subject merchandise during the period & Chemical Limited.; Tangshan Solid Carbon Co., of review (‘‘POR’’) under administrative with 19 CFR 351.213(b), during the Ltd.; Jilin Bright Future Chemicals Company, Ltd.; anniversary month of April, to conduct Jacobi Carbons AB; Tianjin Jacobi International protective order (‘‘APO’’) to all a review of certain activated carbon Trading Co., Ltd.; Ningxia Guanghua Cherishment interested parties having access to producers and/or exporters from the Activated Carbon Co., Ltd.; Beijing Pacific materials released under APO inviting Activated Carbon Products Co., Ltd.; Shanxi Qixian comments regarding the CBP data and PRC. On May 29, 2009, the Department Foreign Trade Corporation; Shanxi Newtime Co., initiated this review with respect to all Ltd.; Shanxi DMD Corporation; Shanxi Industry respondent selection. On June 4, 2009, requested companies. See Initiation of Technology Trading Co., Ltd.; and United Manufacturing International (Beijing) Ltd. 4 See Letter from the Department to United Antidumping and Countervailing Duty 3 Companies have the opportunity to submit Manufacturing International (Beijing) Ltd. dated statements certifying that they did not ship the April 5, 2010. 1 Norit Americas Inc. and Calgon Carbon subject merchandise to the United States during the 5 See also 19 CFR 351.204(c) regarding Corporation. POR. respondent selection, in general.

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the Department extended the deadline volume of its POR entries of subject demonstrates that Shanxi DMD for comments regarding the CBP data.6 merchandise. Additionally, Shanxi underreported its total POR entry The Department received comments and DMD claimed that it had sales of non- volume, and Petitioners contend that rebuttal comments between June 15, subject merchandise during the POR Shanxi DMD was attempting to 2009 and July 21, 2009. which fell under the same Harmonized manipulate the respondent selection On August 10, 2009, the Department Tariff Schedule subheading as the process. Petitioners argue that the issued its respondent selection subject merchandise. On July 13, 2009, Department’s selection of mandatory memorandum after assessing its the Department issued a supplemental respondents is dependent on the resources, considering the number of questionnaire to Shanxi DMD requesting volume of subject merchandise sold by individual producers and/or exporters that Shanxi DMD provide sales and the respondents that entered the United of activated carbon for which a review shipment data for the POR and for a States during the POR. Instead, had been requested, and determining period of two months preceding the Petitioners argue, Shanxi DMD limited that it could reasonably examine two POR to estimate entries made during the its reporting to only sales that were exporters subject to this review. POR.9 On July 20, 2009, the Department invoiced during the POR in order to Pursuant to section 777A(c)(2)(B) of the received a response from Shanxi DMD avoid selection as a mandatory Act, the Department selected Jacobi containing sales and shipment data for respondent. Therefore, Petitioners Carbons AB (‘‘Jacobi’’) and Calgon the POR and the two months preceding conclude that the Department should Carbon (Tianjin) Co. Ltd. (‘‘CCT’’) as the POR. Based upon Shanxi DMD’s apply the PRC-wide rate to Shanxi DMD mandatory respondents.7 The response to our questionnaire, the as AFA because Shanxi DMD did not Department sent its antidumping Department selected Jacobi and Huahui address certain entry documents that questionnaire to CCT and Jacobi on as mandatory respondents in this indicate that it underreported its POR August 10, 2009. On August 19, 2009, administrative review. The Department exports to the United States. CCT withdrew its request for review, requested from CBP entry In the Respondent Selection Memo, and on August 21, 2009, Petitioners documentation for all entries made by the Department determined to use withdrew their request for review of Shanxi DMD and on December 1, 2009, Shanxi DMD’s submitted sales and CCT. Since both withdrawal requests placed that entry documentation on the shipment data, based on the data were timely, and no other party record and requested comments from available at the time, because the requested a review of CCT, in interested parties.10 The POR entry data Department determined the data to be a accordance with section 351.213(d)(1) of the Department received from CBP more accurate approximation of Shanxi the Department’s regulations, the differed from the data provided by DMD’s entries during the POR. 11 After Department rescinded the Shanxi DMD. Parties submitted receiving CBP entry documentation, it administrative review with respect to comments and rebuttal comments on became clear that Shanxi DMD’s claims CCT. See Second Rescission. the CBP entry documentation between about the inaccuracy of CBP data at the Consequently, on September 18, 2009, December 11, 2009 and December 28, time of respondent selection were in accordance with section 777A(c)(2) of 2009. unfounded. However, Shanxi DMD did the Act and because the Department Shanxi DMD explains that it provided provide the Department with all the determined it could review two POR quantity and value data by information requested and in a timely mandatory respondents, the Department purchase order and invoice date because manner. Therefore, because Shanxi selected Ningxia Huahui Activated these dates are normally used to DMD cooperated with the Department Carbon Co., Ltd. (‘‘Huahui’’) for establish the legal date of sale, and that in providing all the requested individual examination in this review date of sale is used to determine the information, application of total AFA because Huahui was the next largest sales universe for any respondent in any would be inappropriate and contrary to exporter by volume during the POR, investigation or review. Additionally, the Act. Accordingly, we are not based on CBP data of U.S. imports.8 Shanxi DMD contends that its invoice applying the PRC-wide rate to Shanxi date is the correct date of sale and that DMD as total adverse facts available. Treatment of Shanxi DMD Corporation Shanxi DMD provided to the Per-Unit Assessment (‘‘Shanxi DMD’’) Department a table with shipment dates On June 19, 2009, in comments and invoice dates of invoices dating On December 22, 2009, Petitioners regarding the CBP data placed on the backwards 60 days prior to the POR. requested the Department calculate record for respondent selection, Shanxi Shanxi DMD contends that there is specific, per-kilogram cash deposit and DMD argued that the CBP data used in nothing in the December 1, 2009 CBP importer-specific assessment rates for respondent selection overstated the total release that contradicts the earlier data all respondents in this review, because submissions of Shanxi DMD. Petitioners allege parties are selling the 6 See letter to All Interested Parties from Petitioners argue the Department subject merchandise (or importing it) at Catherine Bertrand, Program Manager, Office IX, should apply total adverse facts prices significantly below prevailing dated June 4, 2009. available (‘‘AFA’’) to Shanxi DMD market prices to evade assessment of 7 See Memorandum to James Doyle, Director, AD/ because CBP entry documentation antidumping duties. See Petitioners’ CVD Operations, Office 9, from Katie Marksberry, Request for Establishment of Specific International Trade Compliance Analyst, Office 9; Antidumping Duty Administrative Review of 9 See Letter from the Department to Shanxi DMD Rates, dated December 22, 2009 at 2. Certain Activated Carbon From the PRC: Selection Corporation, regarding Second Administrative Petitioners state that because the of Respondents for Individual Review, dated Review of Certain Activated Carbon From the Department calculates antidumping August 10, 2009 (‘‘Respondent Selection Memo’’). People’s Republic of China: Respondent Selection duty margins on a U.S. price that is 8 See Memorandum to James Doyle, Director, AD/ Comments (July 13, 2009); see also Letter From the CVD Operations, Office 9, through Catherine Department to Jacobi, regarding Second different from the entered value, this Bertrand, Program Manager, Office 9, from Katie Administrative Review of Certain Activated Carbon results in an under collection of duties Marksberry, International Trade Compliance From the People’s Republic of China: Respondent if the importer reports an improperly Analyst, Office 9; Administrative Review of Certain Selection Comments (July 13, 2009). low entered value. Petitioners argue that Activated Carbon From the PRC: Selection of 10 See Memorandum to the File, from Katie Additional Mandatory Respondent, dated Marksberry, Case Analyst Office IX, re: Shanxi DMD per-unit assessment rates do not September 18, 2009 (‘‘Additional Respondent U.S. Customs and Border Protection (‘‘CBP’’) Entry Selection Memo’’). Documentation, dated December 1, 2009. 11 See Respondent Selection Memo at 8–9.

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prejudice respondents in anyway and NME antidumping duty questionnaire to To the extent that an imported that the per-unit assessment rate the mandatory respondent Huahui. activated carbon product is a blend of prevents the potential for abuse. Huahui and Jacobi timely responded to steam and chemically activated carbons, Petitioners used the Global Trade the Department’s initial and subsequent products containing 50 percent or more Information Services, Inc. (‘‘World Trade supplemental questionnaires between steam (or CO2 gas) activated carbons are Atlas’’ or ‘‘WTA’’) average unit value September 2009 and April 2010. within this scope, and those containing (‘‘AUV’’) of U.S. imports of activated more than 50 percent chemically Period of Review carbon from the PRC to determine if the activated carbons are outside this scope. per-unit price of sales made by The POR is April 1, 2008, through This exclusion language regarding respondents indicates that those March 31, 2009. blended material applies only to respondents are undervaluing their Scope of the Order mixtures of steam and chemically shipments to lower the antidumping activated carbons. duty deposits at the U.S. port of entry.12 The merchandise subject to this order Also excluded from the scope are The Department has analyzed the is certain activated carbon. Certain reactivated carbons. Reactivated carbons information on the record of this review activated carbon is a powdered, are previously used activated carbons submitted by Jacobi, the only granular, or pelletized carbon product that have had adsorbed materials respondent who submitted the entered obtained by ‘‘activating’’ with heat and removed from their pore structure after value of its U.S. sales. Based on this steam various materials containing use through the application of heat, analysis, the Department has not found carbon, including but not limited to coal steam and/or chemicals. that there is a substantial difference (including bituminous, lignite, and Also excluded from the scope is between the average U.S. sales price for anthracite), wood, coconut shells, olive activated carbon cloth. Activated carbon activated carbon and the average stones, and peat. The thermal and steam cloth is a woven textile fabric made of entered value reported to CBP for Jacobi. treatments remove organic materials and or containing activated carbon fibers. It See Honey from the People’s Republic of create an internal pore structure in the is used in masks and filters and clothing China: Final Results and Final carbon material. The producer can also of various types where a woven format Rescission, In Part, of Antidumping use carbon dioxide gas (CO2) in place of is required. Duty Administrative Review, 70 FR steam in this process. The vast majority Any activated carbon meeting the 38873 (July 6, 2005) (‘‘Honey 2005’’) and of the internal porosity developed physical description of subject accompanying Issues and Decisions during the high temperature steam (or merchandise provided above that is not Memorandum at Comment 7. Normally, CO2 gas) activated process is a direct expressly excluded from the scope is the difference between entered value result of oxidation of a portion of the included within this scope. The and the U.S. prices is relatively small, solid carbon atoms in the raw material, products subject to the order are as in this case. See id. With regard converting them into a gaseous form of currently classifiable under the Huahui, who did not report entered carbon. Harmonized Tariff Schedule of the value because its sales were made on an The scope of this order covers all United States (‘‘HTSUS’’) subheading EP basis, the Department finds that a forms of activated carbon that are 3802.10.00. Although the HTSUS comparison of its gross unit price and activated by steam or CO2, regardless of subheading is provided for convenience the WTA data 13 for U.S. imports of the raw material, grade, mixture, and customs purposes, the written activated carbon from the PRC, which additives, further washing or post- description of the scope of this order is Petitioners provided, is not appropriate. activation chemical treatment (chemical dispositive. or water washing, chemical This is because that HTS category is a Preliminary Partial Rescission basket category that includes non- impregnation or other treatment), or subject merchandise and Petitioners product form. Unless specifically As discussed in the ‘‘Background’’ could not provide evidence that the excluded, the scope of this order covers section above, Lingzhou filed a no non-subject merchandise was removed. all physical forms of certain activated shipment certification indicating that it Therefore, a comparison would not be carbon, including powdered activated did not export subject merchandise to on an apples-to-apples basis. carbon (‘‘PAC’’), granular activated the United States during the POR. In Therefore, because there is carbon (‘‘GAC’’), and pelletized activated order to examine this claim, we insufficient evidence on the record to carbon. reviewed the CBP data used for warrant a change to a per-unit importer- Excluded from the scope of the order respondent selection and found no specific assessment and cash deposit are chemically activated carbons. The discrepancies with the statement made rate, the Department preliminarily carbon-based raw material used in the by Lingzhou. Additionally, we sent an determines that it will continue to chemical activation process is treated inquiry to CBP asking if any CBP office calculate ad valorem cash deposit and with a strong chemical agent, including had any information contrary to the no importer-specific assessment rates as in but not limited to phosphoric acid, zinc shipments claim, and to alert the the past review. chloride, sulfuric acid or potassium Department within ten days of receiving hydroxide, that dehydrates molecules in our inquiry. CBP received our inquiry Questionnaires the raw material, and results in the on September 30, 2009. We have not On August 10, 2009, the Department formation of water that is removed from received a response from CBP with issued its initial non-market economy the raw material by moderate heat regard to our inquiry which indicates (‘‘NME’’) antidumping duty treatment. The activated carbon created that CBP did not have information that questionnaire to the mandatory by chemical activation has internal was contrary to the claim of Lingzhou. respondent Jacobi. On September 21, porosity developed primarily due to the Therefore, because the record indicates 2009, the Department issued its initial action of the chemical dehydration that Lingzhou did not export subject agent. Chemically activated carbons are merchandise to the United States during 12 See Petitioners’ Request for Establishment of typically used to activate raw materials the POR, we are preliminarily Specific Rates, dated December 22, 2009 at Attachment I. with a lignocellulosic component such rescinding this administrative review 13 Published by Global Trade Information as cellulose, including wood, sawdust, with respect to this company. See, e.g., Services, Inc. paper mill waste and peat. Certain Frozen Fish Fillets From the

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Socialist Republic of Vietnam: Notice of country selection and information absorbed duties. As discussed above Preliminary Results and Partial regarding valuing factors of and pursuant to section 777A(c)(2)(B), Rescission of the Third Antidumping production.15 On February 24, 2010, the because of the large number of Duty Administrative Review, 72 FR Department received information to companies subject to this review, the 53527, 53530 (September 19, 2007), value FOPs from Huahui, Jacobi, and Department selected two companies as unchanged in Certain Frozen Fish Fillets Petitioners. On March 8, 2010, Huahui mandatory respondents and thus only From the Socialist Republic of Vietnam: and Petitioners filed rebuttal surrogate issued its complete questionnaire to Final Results of Antidumping Duty value comments. All the surrogate these two companies. In determining Administrative Review and Partial values placed on the record were whether antidumping duties have been Rescission, 73 FR 15479, 15480 (March obtained from sources in India. No absorbed, the Department requires 24, 2008) (‘‘Third Fish Fillets Review’’). parties provided comments with respect certain specific data (i.e., U.S. sales to selection of a surrogate country. data) to ascertain whether those sales Non-Market Economy (‘‘NME’’) Country Based on publicly available have been made at less than NV. Since Status information placed on the record (e.g., U.S. sales data are only obtained from In every case conducted by the production data), the Department the complete questionnaire (i.e., only Department involving the PRC, the PRC determines India to be a reliable source mandatory respondents submit U.S. has been treated as an NME country. In for surrogate values because India is at sales data), and no other companies accordance with section 771(18)(C)(i) of a comparable level of economic were required to provide U.S. sales data, the Act, any determination that a foreign development to the PRC pursuant to we do not have the information country is an NME country shall remain section 773(c)(4) of the Act, is a necessary to assess whether any other in effect until revoked by the significant producer of subject companies absorbed duties. administering authority. See Brake merchandise, and has publicly available Accordingly, for those companies not Rotors from the People’s Republic of and reliable data for which to value the selected as mandatory respondents, we China: Final Results and Partial respondents’ FOPs. Accordingly, the cannot make duty absorption Rescission of the 2004/2005 Department has selected India as the determinations with respect to those Administrative Review and Notice of surrogate country for purposes of companies. Therefore, between Jacobi Rescission of 2004/2005 New Shipper valuing the FOPs because it meets the and Huahui, Jacobi is the only Review, 71 FR 66304 (November 14, Department’s criteria for surrogate mandatory respondent with an affiliated 2006). None of the parties to this country selection. importer in the United States, as proceeding has contested such Duty Absorption required by section 751(a)(4) of the Act. treatment. Accordingly, the Department In determining whether the continues to treat the PRC as an NME On June 29, 2009, Petitioners respondent has absorbed antidumping and calculated NV in accordance with requested that the Department duties, we make a rebuttable section 773(c) of the Act, which applies determine whether antidumping duties presumption that the duties will be to NME countries. had been absorbed for U.S. sales of absorbed for constructed export price certain activated carbon made during ‘‘ ’’ Surrogate Country ( CEP ) sales that have been made at less the POR by the respondents selected for than NV. This presumption can be When the Department investigates review. If a duty absorption inquiry is rebutted with evidence (e.g., an imports from an NME country and requested, section 751(a)(4) of the Act agreement between the affiliated available information does not permit directs the Department to determine importer and unaffiliated purchaser) the Department to determine NV, during an administrative review that the unaffiliated purchaser will pay pursuant to section 773(a) of the Act, initiated two or four years after the full duty ultimately assessed on the then, pursuant to section 773(c)(1), the publication of the order, whether subject merchandise. See, e.g., Certain Department determines NV on the basis antidumping duties have been absorbed Stainless Steel Butt-Weld Pipe Fittings of the factors of production (‘‘FOP’’) by a foreign producer or exporter, if the From Taiwan: Preliminary Results of utilized in producing the merchandise. subject merchandise is sold in the Antidumping Duty Administrative Section 773(c)(4) of the Act directs the United States through an affiliated Review and Notice of Intent to Rescind Department to value an NME producer’s importer. Because the antidumping duty in Part, 70 FR 39735, 39737 (July 11, FOPs, to the extent possible, in one or order underlying this review was issued 2005); unchanged in Notice of Final more market-economy countries that (1) in 2007, and this review was initiated in Results and Final Rescission in Part of are at a level of economic development 2009, the request for the Department to Antidumping Duty Administrative comparable to that of the NME country, conduct a duty absorption inquiry is Review: Certain Stainless Steel Butt- and (2) are significant producers of timely requested. Therefore, we are Weld Pipe Fittings From Taiwan, 70 FR comparable merchandise. Pursuant to conducting a duty absorption inquiry 73727 (December 13, 2005). this statutory directive, the Department for this segment of the proceeding On January 28, 2010, the Department determined that India, Indonesia, pursuant to the Petitioners request. sent Jacobi a letter requesting Jacobi to Philippines, Colombia, Thailand, and Petitioners requested that the provide evidence to demonstrate that its Peru are countries comparable to the Department investigate whether Jacobi unaffiliated purchasers will ultimately PRC in terms of economic Carbons AB, Ningxia Guanghua pay any antidumping duties assessed on development.14 Cherishmet Activated Carbon Co., Ltd., entries during the POR. Jacobi did not On September 30, 2009, the a separate rate company in this review, provide any such evidence as it did not Department sent interested parties a and any other separate rate company submit a response to our request. letter inviting comments on surrogate with affiliated U.S. importers had Because Jacobi did not rebut the duty absorption presumption with evidence 14 See the Department’s Letter to All Interested 15 See the Department’s Letter to All Interested that the unaffiliated U.S. purchaser will Parties; Second Administrative Review of Certain Parties; Second Administrative Review of Certain pay the full duty ultimately assessed on Activated Carbon from the People’s Republic of Activated Carbon from the People’s Republic of China: Deadlines for Surrogate Country and China: Deadlines for Surrogate Country and the subject merchandise, we Surrogate Value Comments, dated September 30, Surrogate Value Comments, dated September 30, preliminarily find that Jacobi has 2009, at Attachment I (‘‘Surrogate Country List’’). 2009. absorbed antidumping duties on all U.S.

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sales made through its affiliated However, section 776(b) of the Act explanation of the facts available importer of record. states that if the Department ‘‘finds that calculation is provided. See an interested party has failed to Memorandum to Catherine Bertrand, Facts Available cooperate by not acting to the best of its Program Manager, AD/CVD Operations, Sections 776(a)(1) and 776(a)(2) of the ability to comply with a request for Office 9, from Katie Marksberry, Case Act provide that, if necessary information from the administering Analyst, AD/CVD Operations, Office 9: information is not available on the authority or the Commission, the Preliminary Results Analysis record, or if an interested party: (A) administering authority or the Memorandum for Jacobi Carbons AB in Withholds information that has been Commission * * *, in reaching the the Antidumping Duty Administrative requested by the Department; (B) fails to applicable determination under this Review of Certain Activated Carbon provide such information in a timely title, may use an inference that is From the People’s Republic of China, manner or in the form or manner adverse to the interests of that party in dated May 7, 2010 (‘‘Jacobi Prelim requested subject to sections 782(c)(1) selecting from among the facts Analysis Memo’’). and (e) of the Act; (C) significantly otherwise available.’’ See also Statement Assignment of Jacobi Carbons AB’s impedes a proceeding under the of Administrative Action accompanying Antidumping Duty Rate antidumping statute; or (D) provides the Uruguay Round Agreements Act, such information but the information H.R. Rep. No. 103–316, Vol. 1, at 870 We note that in the less-than-fair- cannot be verified, the Department (1994) (SAA), reprinted in 1994 value investigation of this antidumping shall, subject to subsection 782(d) of the U.S.C.C.A.N. 4040, 4198–99. Adverse duty order, we stated that ‘‘where Jacobi Act, use facts otherwise available in inferences are appropriate ‘‘to ensure Tianjin acted as an export facilitator for reaching the applicable determination. that the party does not obtain a more Jacobi AB, those exports are also eligible Section 782(c)(1) of the Act provides favorable result by failing to cooperate for Jacobi AB’s antidumping duty cash that if an interested party ‘‘promptly than if it had cooperated fully.’’ Id. An deposit rate.’’ 16 In this review Jacobi after receiving a request from {the adverse inference may include reliance stated that only Jacobi Carbons AB made Department} for information, notifies on information derived from the exports of subject merchandise to the {the Department} that such party is petition, the final determination in the United States during the POR.17 unable to submit the information investigation, any previous review, or Additionally, Jacobi stated that during requested in the requested form and any other information placed on the the POR, both Tianjin Jacobi manner, together with a full explanation record. See section 776(b) of the Act. International Trading Co. Ltd. (‘‘Tianjin and suggested alternative forms in Jacobi’s Excluded Producers Jacobi’’) and Jacobi Carbons Industry which such party is able to submit the (Tianjin) (‘‘JCC’’) ‘‘acted to facilitate On August 24, 2009, Jacobi requested 18 information,’’ the Department may exports to the United States.’’ In its to be excused from reporting FOP data April 30, 2010, supplemental modify the requirements to avoid for certain Chinese producers. On imposing an unreasonable burden on questionnaire response, Jacobi September 2, 2009, Jacobi provided submitted a selling functions chart that party. detailed information regarding its Section 782(d) of the Act provides which indicates that Tianjin Jacobi and producers and production quantities. JCC perform the same functions. that, if the Department determines that On September 17, 2009, the Department a response to a request for information Therefore, for these preliminary results, notified Jacobi that due to the large we find that JCC and Tianjin Jacobi both does not comply with the request, the number of producers that supplied Department will inform the person act as export facilitators for Jacobi Jacobi during the POR, Jacobi would be Carbons AB. Additionally, we find it submitting the response of the nature of excused from reporting certain FOP the deficiency and shall, to the extent appropriate for Jacobi Carbons AB, data. See the Department’s Letter to Tianjin Jacobi and JCC to receive the practicable, provide that person the Jacobi dated September 17, 2009. opportunity to remedy or explain the antidumping duty rate assigned to Specifically, the Department did not Jacobi Carbons AB. deficiency. If that person submits require Jacobi to report FOP data for its further information that continues to be five smallest producers. Additionally, Separate Rates unsatisfactory, or this information is not the Department notified Jacobi that it A designation of a country as an NME submitted within the applicable time was not required to report FOP data for remains in effect until it is revoked by limits, the Department may, subject to products that were purchased and not the Department. See section section 782(e) of the Act, disregard all produced by Jacobi’s suppliers, as 771(18)(c)(i) of the Act. In proceedings or part of the original and subsequent indicated in Jacobi’s August 24, 2009 involving NME countries, it is the responses, as appropriate. letter. Thus, the Department determined Department’s practice to begin with a Section 782(e) of the Act states that that upon Jacobi’s acceptance of the rebuttable presumption that all the Department shall not decline to exclusion terms, the Department would companies within the country are consider information deemed determine the appropriate facts subject to government control and thus ‘‘deficient’’ under section 782(d) if: (1) available to apply, in lieu of the actual The information is submitted by the FOP data, to the corresponding U.S. 16 See Preliminary Determination of Sales at Less established deadline; (2) the information sales of subject merchandise. Than Fair Value and Postponement of Final can be verified; (3) the information is In accordance with section 776(a)(1) Determination: Certain Activated Carbon From the not so incomplete that it cannot serve as of the Act, the Department is applying People’s Republic of China, 71 FR 59721 (October 11, 2006); unchanged in Final Determination of a reliable basis for reaching the facts available to determine the NV for Sales at Less Than Fair Value: Certain Activated applicable determination; (4) the the sales corresponding to the FOP data Carbon from the People’s Republic of China, 72 FR interested party has demonstrated that it that Jacobi was excused from reporting. 9508 (March 2, 2007). acted to the best of its ability in Due to the proprietary nature of the 17 See Jacobi’s Response to the Department’s providing the information and meeting factual information concerning these Supplemental A and C Questionnaire, dated December 14, 2009 at 2. the requirements established by the producers, these issues are addressed in 18 See Jacobi’s Response to the Department’s Department; and (5) the information can a separate business proprietary Supplemental Questionnaire Regarding Jacobi’s be used without undue difficulties. memorandum where a detailed Antidumping Duty Rate, dated April 20, 2010, at 1.

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should be assessed a single antidumping Corporation; and Tangshan Solid status to Jacobi and Tangshan Solid duty rate. See Notice of Final Carbon Co., Ltd. Carbon Co. Ltd. Determination of Sales at Less Than Additionally, the Department 2. Joint Ventures Between Chinese and Fair Value, and Affirmative Critical received completed responses to the Foreign Companies or Wholly Chinese- Circumstances, In Part: Certain Lined Section A portion of the NME Owned Companies Paper Products From the People’s questionnaire from Huahui and Jacobi, Republic of China, 71 FR 53079, 53080 which contained information pertaining Huahui 21 and nine 22 of the separate (September 8, 2006); Final to the companies’ eligibility for a rate applicants in this administrative Determination of Sales at Less Than separate rate. However, Datong review stated that they are either joint Fair Value and Final Partial Affirmative Yunguang Chemicals Plant, Hebei ventures between Chinese and foreign Determination of Critical Foreign Trade and Advertising companies or are wholly Chinese- Circumstances: Diamond Sawblades Corporation, Shanxi Newtime Co., Ltd., owned companies. In accordance with and Parts Thereof From the People’s and United Manufacturing International its practice, the Department has Republic of China, 71 FR 29303, 29307 (Beijing) Ltd., companies upon which analyzed whether the separate-rate (May 22, 2006). the Department initiated administrative applicants have demonstrated the In the Initiation Notice, the reviews that have not been rescinded, absence of de jure and de facto Department notified parties of the did not submit either a separate-rate governmental control over their application process by which exporters application or certification in a timely respective export activities. and producers may obtain separate rate 19 manner. Therefore, because Datong a. Absence of De Jure Control status in NME reviews. See Initiation Yunguang Chemicals Plant, Hebei The Department considers the Notice. It is the Department’s policy to Foreign Trade and Advertising following de jure criteria in determining assign all exporters of merchandise Corporation, Shanxi Newtime Co., Ltd., whether an individual company may be subject to investigation in an NME and United Manufacturing International granted a separate rate: (1) An absence country this single rate unless an (Beijing) Ltd. did not demonstrate their of restrictive stipulations associated exporter can affirmatively demonstrate eligibility for separate rate status in a with an individual exporter’s business that it is sufficiently independent so as timely manner, we have determined it is and export licenses; (2) any legislative to be entitled to a separate rate. Id. appropriate to consider these companies enactments decentralizing control of Exporters can demonstrate this as part of the PRC-wide entity. independence through the absence of companies; and (3) any other formal both de jure and de facto government Separate Rate Recipients measures by the government control over export activities. Id. The 1. Wholly Foreign-Owned decentralizing control of companies. See Department analyzes each entity Sparklers, 56 FR at 20589. The evidence exporting the subject merchandise Jacobi reported that it is wholly provided by Huahui and nine separate under a test arising from the Notice of owned by a company located in a rate applicants supports a preliminary Final Determination of Sales at Less market-economy country, Sweden. See finding of de jure absence of Than Fair Value: Sparklers From the Jacobi’s Section A Questionnaire government control based on the People’s Republic of China, 56 FR 20588 Response dated September 10, 2008, at following: (1) An absence of restrictive (May 6, 1991) (‘‘Sparklers’’), as further page 3. Therefore, there is no PRC stipulations associated with the developed in Notice of Final ownership of Jacobi, and because the individual exporter’s business and Determination of Sales at Less Than Department has no evidence indicating export licenses; (2) there are applicable Fair Value: Silicon Carbide From the that Jacobi is under the control of the legislative enactments decentralizing People’s Republic of China, 59 FR 22585 PRC, a separate rates analysis is not control of the companies; and (3) there (May 2, 1994) (‘‘Silicon Carbide’’). necessary to determine whether it is are formal measures by the government However, if the Department determines independent from government decentralizing control of companies. that a company is wholly foreign-owned control.20 Additionally, one of the See, e.g., Huahui’s Section A or located in a market economy, then a exporters under review not selected for Questionnaire Response dated October separate rate analysis is not necessary to individual review, Tangshan Solid 21, 2009, at pages 2–6; Beijing Pacific determine whether it is independent Carbon Co., Ltd., reported in its Activated Carbon Products Co., Ltd.’s from government control. See, e.g., Final separate-rate certification that it is 100 Separate Rate Certification dated June Results of Antidumping Duty percent foreign owned. See Tangshan 29, 2009, at 5; Shanxi Industry Administrative Review: Petroleum Wax Solid Carbon Co. Ltd.’s Separate Rate Technology Trading Co., Ltd.’s Separate Candles From the People’s Republic of Certification dated June 29, 2010, at 4. Rate Certification dated June 25, 2009, China, 72 FR 52355, 52356 (September Accordingly, the Department has at 5–6. 13, 2007). preliminarily granted separate rate Excluding the companies selected for b. Absence of De Facto Control individual review, the Department 19 For a full discussion of United Manufacturing Typically the Department considers received separate rate applications or International (Beijing) Ltd.’s separate rate status, see four factors in evaluating whether each certifications from the following supra at p 2–3. respondent is subject to de facto 20 See Brake Rotors From the People’s Republic of companies: Beijing Pacific Activated China: Preliminary Results and Partial Rescission of Carbon Products Co., Ltd.; Datong the Fourth New Shipper Review and Rescission of 21 See Huahui’s Section A Questionnaire Juqiang Activated Carbon Co., Ltd.; the Third Antidumping Duty Administrative Response dated October 21, 2009, at pages 2–6. Datong Municipal Yunguang Activated Review, 66 FR 1303, 1306 (January 8, 2001), 22 These companies are: Beijing Pacific Activated unchanged in Brake Rotors From the People’s Carbon Products Co., Ltd.; Datong Juqiang Activated Carbon Co., Ltd.; Jilin Bright Future Republic of China: Final Results and Partial Carbon Co., Ltd.; Datong Municipal Yunguang Chemicals Company, Ltd.; Ningxia Rescission of Fourth New Shipper Review and Activated Carbon Co., Ltd.; Jilin Bright Future Guanghua Cherishmet Activated Carbon Rescission of Third Antidumping Duty Chemicals Company, Ltd.; Ningxia Guanghua Co., Ltd.; Ningxia Mineral & Chemical Administrative Review, 66 FR 27063 (May 16, Cherishmet Activated Carbon Co., Ltd.; Ningxia 2001); Notice of Final Determination of Sales at Mineral & Chemical Limited; Shanxi DMD Limited; Shanxi DMD Corporation; Less Than Fair Value: Creatine Monohydrate From Corporation; Shanxi Industry Technology Trading Shanxi Industry Technology Trading the People’s Republic of China, 64 FR 71104 Co., Ltd.; and Shanxi Qixian Foreign Trade Co., Ltd.; Shanxi Qixian Foreign Trade (December 20, 1999). Corporation.

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government control of its export rate. Additionally, we are preliminarily Department preliminarily determines functions: (1) Whether the export prices rescinding the review with respect to that the invoice date is the most are set by or are subject to the approval Ningxia Lingzhou Foreign Trade Co., appropriate date to use as Huahui’s and of a government agency; (2) whether the Ltd. because we determined that it had Jacobi’s date of sale. respondent has authority to negotiate no shipments of subject merchandise to Fair Value Comparisons and sign contracts and other the United States during the POR. The agreements; (3) whether the respondent remaining nine companies submitted To determine whether sales of certain has autonomy from the government in timely information as requested by the activated carbon to the United States by making decisions regarding the Department and remain subject to this Huahui and Jacobi were made at less selection of management; and (4) review as cooperative separate rate than fair value, the Department whether the respondent retains the respondents. compared either export price (‘‘EP’’) or proceeds of its export sales and makes For the exporters subject to this constructed export price (‘‘CEP’’) to NV, independent decisions regarding review that were determined to be as described in the ‘‘U.S. Price,’’ and disposition of profits or financing of eligible for separate rate status, but were ‘‘Normal Value’’ sections below. losses. See Silicon Carbide, 59 FR at not selected as mandatory respondents, U.S. Price 22586–87; see also Notice of Final the Department generally weight- Determination of Sales at Less Than averages the rates calculated for the Export Price Fair Value: Furfuryl Alcohol From the mandatory respondents, excluding any In accordance with section 772(a) of People’s Republic of China, 60 FR rates that are zero, de minimis, or based the Act, the Department calculated the 22544, 22545 (May 8, 1995). The entirely on FA.23 Consequently, because EP for Huahui’s sales to the United State Department has determined that an the Department has calculated positive because the first sale to an unaffiliated analysis of de facto control is critical in margins for both mandatory party was made before the date of determining whether respondents are, respondents, Huahui and Jacobi, in importation and the use of CEP was not in fact, subject to a degree of these preliminary results, and consistent otherwise warranted. The Department government control which would with our practice, we have preliminarily calculated EP based on the price to preclude the Department from assigning established a margin for the separate unaffiliated purchasers in the United separate rates. The evidence provided rate respondents based on a simple States. In accordance with section by Huahui and nine separate rate average of the rates we calculated for the 772(c) of the Act, as appropriate, the applicants supports a preliminary two mandatory respondents. Because Department deducted from the starting finding of de facto absence of there are only two respondents for price to unaffiliated purchasers foreign government control based on the which a company-specific margin was inland freight and brokerage and following: (1) The companies set their calculated in this review, the handling. Each of these services was own export prices independent of the Department has calculated a simple either provided by an NME vendor or government and without the approval of average margin to ensure that the total paid for using an NME currency. Thus, a government authority; (2) the import quantity and value for each the Department based the deduction of companies have authority to negotiate company is not inadvertently these movement charges on surrogate and sign contracts and other revealed.24 The rate established for the values. Additionally, for international agreements; (3) the companies have separate rate respondents is 27.28 freight provided by a market economy autonomy from the government in percent. Entities receiving this rate are provider and paid in U.S. dollars, the making decisions regarding the identified by name in the ‘‘Preliminary Department used the actual cost per selection of management; and (4) there Results of Review’’ section of this notice. kilogram of the freight. See is no restriction on any of the Memorandum to the File through Date of Sale companies’ use of export revenue. See, Catherine Bertrand, Program Manager, e.g., Huahui’s Section A Questionnaire Huahui and Jacobi reported the Office IX, from Bob Palmer, Analyst, re; Response dated October 21, 2009, at invoice date as the date of sale because Second Administrative Review of pages 2–6; and Datong Municipal they claim that, for their U.S. sales of Certain Activated Carbon from the Yunguang Activated Carbon Co., Ltd. subject merchandise made during the People’s Republic of China: Surrogate dated July 23, 2009, at 7. Therefore, the POR, the material terms of sale were Values for the Preliminary Results dated Department preliminarily finds that established on the invoice date. In May 7, 2010 (‘‘Prelim Surrogate Value Huahui and nine separate-rate accordance with 19 CFR 351.401(i) and Memo’’) for details regarding the applicants have established that they the Department’s long-standing practice surrogate values for movement qualify for a separate rate under the of determining the date of sale,25 the expenses. criteria established by Silicon Carbide and Sparklers. 23 See, e.g., Wooden Bedroom Furniture From the Constructed Export Price People’s Republic of China: Preliminary Results of Separate Rate Calculation For all of Jacobi’s sales, the Antidumping Duty Administrative Review, Department based U.S. price on CEP in As stated previously, this review Preliminary Results of New Shipper Review and Partial Rescission of Administrative Review, 73 FR accordance with section 772(b) of the covers nineteen companies. Of those, 8273, 8279 (February 13, 2008) (unchanged in Act, because sales were made on behalf the Department selected two exporters, Wooden Bedroom Furniture from the People’s of the Chinese-based companies by a Huahui and Jacobi (including affiliates), Republic of China: Final Results of Antidumping Duty Administrative Review and New Shipper U.S. affiliate to unaffiliated purchasers as mandatory respondents in this in the United States. For these sales, the review. As stated above, four Review, 73 FR 49162 (August 20, 2008)). 24 See Memorandum to the File, Re: Antidumping Department based CEP on prices to the companies, Datong Yunguang Duty Administrative Review of Certain Activated first unaffiliated purchaser in the United Chemicals Plant, Hebei Foreign Trade Carbon from the People’s Republic of China: States. Where appropriate, the Preliminary Results Simple-Average Margin for and Advertising Corporation, Shanxi Department made deductions from the Newtime Co., Ltd., and United Separate Rate Respondents, dated May 7, 2010. 25 See, e.g., Notice of Final Determination of Sales Manufacturing International (Beijing) at Less Than Fair Value and Negative Final Thailand, 69 FR 76918 (December 23, 2004), and Ltd. are part of the PRC–Wide entity, Determination of Critical Circumstances: Certain accompanying Issues and Decision Memorandum at and thus, are not entitled to a separate Frozen and Canned Warmwater Shrimp from Comment 10.

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starting price (gross unit price) for the actual price paid for the input.26 import-based surrogate values and the foreign movement expenses, During the POR, Jacobi reported that it market economy input values, the international movement expenses, U.S. purchased certain inputs from a market Department has disregarded prices that movement expenses, and appropriate economy supplier and paid for the the Department has reason to believe or selling adjustments, in accordance with inputs in a market economy currency. suspect may be subsidized. The section 772(c)(2)(A) of the Act. See Jacobi’s Section D Questionnaire Department has reason to believe or In accordance with section 772(d)(1) Response dated October 15, 2009, at 5 suspect that prices of inputs from of the Act, the Department also and Exhibit 2. The Department has a Indonesia, South Korea, and Thailand deducted those selling expenses rebuttable presumption that market may have been subsidized. The associated with economic activities economy input prices are the best Department has found in other occurring in the United States. The available information for valuing an proceedings that these countries Department deducted, where input when the total volume of the maintain broadly available, non- appropriate, commissions, inventory input purchased from all market industry-specific export subsidies and, carrying costs, interest revenue, credit economy sources during the period of therefore, it is reasonable to infer that all expenses, warranty expenses, and investigation or review exceeds 33 exports to all markets from these indirect selling expenses. For those percent of the total volume of the input countries may be subsidized.28 The expenses that were provided by a purchased from all sources during the Department is also guided by the market economy provider and paid for period. See Antidumping statute’s legislative history that explains in a market economy currency, the Methodologies: Market Economy Inputs, that it is not necessary to conduct a Department used the reported expense. Expected Non-Market Economy Wages, formal investigation to ensure that such Due to the proprietary nature of certain Duty Drawback; and Request for prices are not subsidized. See Omnibus adjustments to U.S. price, for a detailed Comments, 71 FR 61716, 61717–18 Trade and Competitiveness Act of 1988, description of all adjustments made to (October 19, 2006) (‘‘Antidumping Conference Report to accompany H.R. U.S. price for each company, see the Methodologies’’). In these cases, unless Rep. 100–576 at 590 (1988) reprinted in company specific analysis case-specific facts provide adequate 1988 U.S.C.C.A.N. 1547, 1623–24; see memorandums, dated May 7, 2010. grounds to rebut the Department’s also Preliminary Determination of Sales presumption, the Department will use at Less Than Fair Value: Coated Free Normal Value the weighted average market economy Sheet Paper from the People’s Republic Section 773(c)(1) of the Act provides purchase price to value the input. of China, 72 FR 30758, 30763 n.6 (June that the Department shall determine the Alternatively, when the volume of an 4, 2007) unchanged in Final NV using a FOP methodology if the NME firm’s purchases of an input from Determination of Sales at Less Than merchandise is exported from an NME market economy suppliers during the Fair Value: Coated Free Sheet Paper and the information does not permit the period is below 33 percent of its total from the People’s Republic of China, 72 calculation of NV using home-market volume of purchases of the input during FR 60632 (October 25, 2007). Rather, the prices, third-country prices, or the period, but where these purchases Department bases its decision on constructed value under section 773(a) are otherwise valid and there is no information that is available to it at the of the Act. The Department bases NV on reason to disregard the prices, the time it makes its determination. See the FOPs because the presence of Department will weight-average the Polyethylene Terephthalate Film, Sheet, government controls on various aspects market economy purchase price with an and Strip from the People’s Republic of of non-market economies renders price appropriate surrogate value (‘‘SV’’) China: Preliminary Determination of comparisons and the calculation of according to their respective shares of Sales at Less Than Fair Value, 73 FR production costs invalid under the the total volume of purchases, unless 24552, 24559 (May 5, 2008), unchanged Department’s normal methodologies. case-specific facts provide adequate in Polyethylene Terephthalate Film, grounds to rebut the presumption. See Sheet, and Strip from the People’s FOP Reporting Exclusions Antidumping Methodologies. When a Republic of China: Final Determination As stated above, the Department firm has made market economy input of Sales at Less Than Fair Value, 73 FR granted exclusions for certain nominal purchases that may have been dumped 55039 (September 24, 2008). Therefore, producers to be excused from providing or subsidized, are not bona fide, or are the Department has not used prices from FOP data for Jacobi. As the otherwise not acceptable for use in a these countries in calculating the Indian corresponding U.S. sales of the subject dumping calculation, the Department import-based surrogate values. merchandise supplied by the excused will exclude them from the numerator Additionally, the Department producers were reported in the U.S. of the ratio to ensure a fair sales listing, the Department has applied determination of whether valid market India as the U.S. Dollar. See Memorandum to the the calculated average normal value of economy purchases meet the 33-percent File, through Bob Palmer, Case Analyst, Office IX, re: Memorandum to the File from Edward Yang, the subject merchandise produced by threshold. See Antidumping Senior Executive Coordinator, AD/CVD Operations, Jacobi, as facts available, to those sales Methodologies. China/NME Unit from Jennifer Moats, Senior observations associated with the The Department used the Indian Special Assistant, AD/CVD Operations, China/NME excluded producers. See Jacobi Prelim Import Statistics to value the raw Unit, regarding Indian Import Statistics Currency Denomination in the World Trade Atlas, dated May Analysis Memo. material and packing material inputs 7, 2010. that Huahui and Jacobi used to produce 28 Factor Valuations See Certain Frozen Fish Fillets from the the subject merchandise under review Socialist Republic of Vietnam: Notice of In accordance with 19 CFR during the POR, except where listed Preliminary Results and Preliminary Partial 351.408(c)(1), the Department will 27 Rescission of Antidumping Duty Administrative below. With regard to both the Indian Review, 70 FR 54007, 54011 (September 13, 2005), normally use publicly available unchanged in Certain Frozen Fish Fillets From the information to value the FOPs, but 26 See Lasko Metal Products v. United States, 43 Socialist Republic of Vietnam: Final Results of the when a producer sources an input from F.3d 1442, 1445–1446 (Fed. Cir. 1994) (affirming First Administrative Review, 71 FR 14170 (March a market economy country and pays for the Department’s use of market-based prices to 21, 2006); China National Machinery Import & value certain FOPs). Export Corporation v. United States, 293 F. Supp. it in a market economy currency, the 27 Indian import data in the World Trade Atlas 2d 1334 (CIT 2003), as affirmed by the Federal Department may value the factor using began identifying the original reporting currency for Circuit, 104 Fed. Appx. 183 (Fed. Cir. 2004).

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disregarded prices from NME countries. Department adjusted surrogate values Jacobi regularly replaces these bags and Finally, imports that were labeled as for inflation, exchange rates, and taxes, they are necessary to Jacobi’s originating from an ‘‘unspecified’’ and the Department converted all production process, we have country were excluded from the average applicable items to a per-kilogram or determined that the transport bags used value, as the Department could not be per-metric ton basis. by Jacobi’s affiliates should be included certain that they were not from either an For bituminous coal used as a as packing FOPs based on the reported NME country or a country with general feedstock in the production of the useful life of the bags. Accordingly, we export subsidies. See id. subject merchandise, the Department are including Jacobi’s transport bags as In accordance with section 773(c) of used Indian import prices for coking an FOP for the preliminary results of the Act, for subject merchandise coal, because certain respondents review.32 produced by Huahui and Jacobi, the reported using low-ash content The Department valued electricity Department calculated NV based on the bituminous coal as a feedstock in the using price data for small, medium, and FOPs reported by Huahui and Jacobi for production of the subject merchandise large industries, as published by the the POR. The Department used data and Coal India Limited (‘‘CIL’’) data does Central Electricity Authority of the from the Indian Import Statistics and not provide price data for low-ash Government of India (‘‘CEA’’) in its other publicly available Indian sources content bituminous coal. See Prelim publication titled ‘‘Electricity Tariff & in order to calculate surrogate values for Surrogate Value Memo. The Department Duty and Average Rates of Electricity Huahui and Jacobi FOPs (direct used CIL data to value steam coal and Supply in India,’’ dated March 2008. materials, energy, and packing bituminous coal used as an energy These electricity rates represent actual materials) and certain movement source, where the manufacturers country-wide, publicly available expenses. To calculate NV, the provided Useful Heat Values (‘‘UHV’’) of information on tax-exclusive electricity Department multiplied the reported per- their bituminous energy coal and steam rates charged to industries in India. We unit factor quantities by publicly coal. However, where manufactures of did not inflate this value because utility available Indian surrogate values the subject merchandise indicate they rates represent current rates, as (except as noted below). The do not track UHV and were unable to indicated by the effective dates listed for Department’s practice when selecting report this information, the Department each of the rates provided. See Prelim the best available information for used the Indian import prices for steam Surrogate Value Memo. valuing FOPs is to select, to the extent coal. The Department finds that CIL data Because water is essential to the practicable, surrogate values which are has specific grades of non-coking energy production process of the subject product-specific, representative of a coal, measured in UHV, which merchandise, the Department is broad market average, publicly correspond to the types of steam and considering water to be a direct material available, contemporaneous with the bituminous coal used by the input, and not as overhead, and valued POR and exclusive of taxes and duties. respondents as energy coals, therefore, water with a surrogate value according See, e.g., Electrolytic Manganese CIL is more specific to the reported to our practice. See Final Determination Dioxide From the People’s Republic of input. The Department used CIL’s prices of Sales at Less Than Fair Value and China: Final Determination of Sales at dated from December 12, 2007, effective Critical Circumstances: Certain Less Than Fair Value, 73 FR 48195 throughout the POR. For further details Malleable Iron Pipe Fittings From the (August 18, 2008) and accompanying regarding the Department’s use of CIL People’s Republic of China, 68 FR 61395 Issues and Decision Memorandum at data, see Prelim Surrogate Value Memo. (October 28, 2003) and accompanying Comment 2. The Department notes that Petitioners Issue and Decision Memorandum at As appropriate, the Department have argued that Jacobi’s unaffiliated Comment 11. The Department valued adjusted input prices by including suppliers should report the transport water using data from the Maharashtra freight costs to render the prices bags that are used to transport subject Industrial Development Corporation delivered prices. Specifically, the merchandise from the affiliates to Jacobi (www.midcindia.org) as it includes a Department added to Indian import Tianjin for further packing prior to wide range of industrial water tariffs. surrogate values a surrogate freight cost being exported to the United States.29 This source provides 386 industrial using the shorter of the reported Jacobi argues that its bags are reused water rates within the Maharashtra distance from the domestic supplier to and therefore should be considered an province from April 2009 through June the factory or the distance from the overhead expense and not included as 2009, of which 193 for the ‘‘inside nearest seaport to the factory. This a packing input.30 In past cases we have industrial areas’’ usage category and 193 adjustment is in accordance with the determined that certain consumables for the ‘‘outside industrial areas’’ usage decision of the Federal Circuit in Sigma that were regularly replaced and category. Because the value was not Corp. v. United States, 117 F. 3d 1401, required in the production process contemporaneous with the POR, we 1408 (Fed. Cir. 1997). For a detailed should be considered FOPs, even if they deflated the surrogate value. See Prelim description of all surrogate values used are considered to be an overhead Surrogate Value Memo. for Huahui and Jacobi, see Prelim expense in the company’s normal Consistent with 19 CFR 351.408(c)(3), Surrogate Value Memo. course of business.31 Therefore, because we valued direct, indirect, and packing In those instances where the labor, using the most recently calculated Department could not obtain publicly 29 See Letter from Kelley Drye to the Department, regression-based wage rate, which relies available information contemporaneous regarding Second Administrative Review of the to the POR with which to value factors, Antidumping Duty Order on Certain Activated 14, 2008; and accompanying Issues and Decision the Department adjusted the surrogate Carbon from the People’s Republic of China: Memorandum at Comment 2. Petitioner’s Comments on Supplemental 32 values using, where appropriate, the See Memorandum to the File, through Questionnaire Responses of Jacobi Carbons AB, Catherine Bertrand, Program Manager, AD/CVD Indian Wholesale Price Index (‘‘WPI’’) as dated January 11, 2010. Operations, Office IX, from Katie Marksberry, Case published in the International Financial 30 See Jacobi’s Supplemental Section D Analyst, AD/CVD Operations, Office IX: Statistics of the International Monetary Questionnaire Response for Jacobi Tianjin, dated Preliminary Results Analysis Memorandum for March 29, 2010. Jacobi Carbons AB in the Antidumping Duty Fund, a printout of which is attached to 31 See Steel Wire Garment Hangers from the Administrative Review of Certain Activated Carbon the Prelim Surrogate Value Memo at People’s Republic of China: Final Determination of from the People’s Republic of China (‘‘Jacobi’s Exhibit 2. Where necessary, the Sales at Less Than Fair Value, 73 FR 47587, August Prelim Analysis Memo’’), dated May 7, 2010.

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on 2007 data. This wage rate can carbon steel flat products from India, Final Results and Rescission, In Part, of currently be found on the Department’s and Himalaya International Ltd. in the 2004/2005 Antidumping Duty Web site on Import Administration’s 2005–2006 administrative review of Administrative Review and New home page, Reference Material, certain preserved mushrooms from Shipper Reviews, 72 FR 19174 (April 17, Expected Wages of Selected NME India. The Department inflated the 2007) and accompanying Issues and Countries, revised in December 2009, brokerage and handling rate using the Decisions Memorandum at Comment 1. http://ia.ita.doc.gov/wages/07wages/ appropriate WPI inflator. See Prelim Therefore, pursuant to 19 CFR final/final-2009-2007-wages.html. The Surrogate Value Memo. 351.408(c), the Department source of these wage-rate data on the To value factory overhead, selling, preliminarily determines that the 2007– Import Administration’s Web site is the general, and administrative (‘‘SG&A’’) 2008 financial statements of Quantum 2006 and 2007 data in Chapter 5B of the expenses, and profit, the Department and the 2006–2007 financial statements International Labour Statistics. Because used the average of the audited financial of Kalpalka provide the best available this regression-based wage rate does not statements of two Indian activated information with which to calculate separate the labor rates into different carbon producing companies; those surrogate financial ratios, because they skill levels or types of labor, the being, Kalpalka Chemicals Ltd. for FY Department has applied the same wage 2006–2007 (‘‘Kalpalka’’) and Quantum are complete and publicly available. rate to all skill levels and types of labor Active Carbon Pvt. Ltd. (‘‘Quantum’’) for Additionally, both of these companies reported by the respondents. See Prelim 2007–2008.34 produce comparable merchandise and Surrogate Value Memo. Petitioners submitted the 2007–2008 use an integrated carbonization The Department calculated the financial statements of Core Carbons production process which closely surrogate value for purchased steam Private Limited (‘‘Core Carbons’’) and mirrors that of both respondents. While based upon the April 2008–March 2009 Jacobi submitted the 2008–2009 the Department recognizes Quantum financial statement of Hindalco financial statements of Indo-German and Kalpalka’s financial statements both Industries Limited (‘‘Hindalco’’). See Carbon Ltd. (‘‘Indo-German’’) for the pre-date the POR, we prefer to use more Jacobi’s Surrogate Value Comments: Department’s use in calculating than one financial statement where Certain Activated Carbon form China, surrogate financial ratios. We have possible to replicate the experience of dated February 24, 2010 at Exhibit SV– determined not to rely on the 2007– producers of certain activated carbon in 7. For a detailed explanation of our 2008 financial statements of Core the surrogate country. See Folding Metal reasons for using Hindalco’s financial Carbons and the 2008–2009 financial Tables and Chairs from the People’s statements as the source of the surrogate statements Indo-German because both Republic of China: Final Results of value for purchased steam, see Prelim sets of financial statements indicate that Antidumping Duty Administrative Surrogate Value Memo. they received a ‘‘packing credit’’ i.e., Pre- Review, 72 FR 71355 (December 17, The Department valued truck freight Shipment and Post-Shipment Export 2007) and accompanying Issues and expenses using a per-unit average rate Financing. Core Carbons’ financial Decisions Memorandum at Comment 1. calculated from data on the Infobanc statements indicate they received Moreover, we find that neither Web site: http://www.infobanc.com/ ‘‘working capital from SBI, Cbe Packing company’s financial statements pre-date 35 logistics/logtruck.htm. The logistics Credit’’ under Schedule C. Indo- the POR so significantly as not to be section of this Web site contains inland German’s financial statements indicate useful. See Hebei Metals v. United freight truck rates between many large they received ‘‘Packing Credit/Letter of States, 366 F. Supp. 2d 1264, 1275 (Ct. Indian cities. See Prelim Surrogate Credit/Cash Credit-State Bank of Int’l Trade 2005). Therefore, the Value Memo at Attachment 8. India.’’ 36 India’s packing credit, Pre- Department has used these financial To value brokerage and handling, the Shipment and Post-Shipment Export Department calculated a simple average Financing has been found by the statements to value factory overhead, of the brokerage and handling costs that Department as a countervailable SG&A, and profit, for these preliminary were reported in public submissions subsidy.37 Consistent with the results. that were filed in three antidumping Department’s practice, we prefer not to Currency Conversion duty cases.33 Specifically, the use financial statements of a company Department averaged the public we have reason to believe or suspect Where appropriate, the Department brokerage and handling expenses may have received subsidies, because made currency conversions into U.S. reported by Navneet Publications (India) financial ratios derived from that dollars, in accordance with section Ltd. in the 2007–2008 administrative company’s financial statements may not 773A(a) of the Act, based on the review of certain lined paper products constitute the best available information exchange rates in effect on the dates of from India, Essar Steel Limited in the with which to value financial ratios. See the U.S. sales, as certified by the Federal 2006–2007 antidumping duty Freshwater Crawfish Tail Meat from the Reserve Bank. administrative review of hot-rolled People’s Republic of China: Notice of

33 See Letter from Troutman Sander, Certain Administrative Review, 72 FR 5268 (February 5, 37 See Commodity Matchbooks from India: Final Activated Carbon form the People’s Republic of 2007). Affirmative Countervailing Duty Determination, 74 China: Second Administrative Review; Submission 34 The FY 07–08 financial statements for FR 54547 (October 22, 2009) and accompanying of Publicly Available Information to Value Factors Quantum were submitted by Huahui on February Issues and Decision Memorandum for the Final of Production, dated February 24, 2010 at Exhibit 24, 2010 and the FY 06–07 financial statements for Affirmative Countervailing Duty Determination: 15; see also Certain Preserved Mushrooms from Kalpalka Chemicals Ltd. were placed on the record Commodity Matchbooks from India at IV.A.3; see India: Final Results of Antidumping Duty by the Department. See Prelim Surrogate Value also, Polyethylene Terephthalate Film, Sheet, and Administrative Review, 71 FR 10646 (March 2, Memo. 2006); Certain Lined Paper Products from India: 35 See Annual Report Core Carbons Private Strip from India: Final Results of Countervailing Final Results of Antidumping Duty Administrative Limited 2007–2008, at 17 contained in Petitioners’ Duty Administrative Review, 75 FR 6634 (February Review, 74 FR 17149 (April 14, 2009); Certain Hot- February 24, 2010 Surrogate Value comments at 10, 2010) and accompanying Issues and Decision Rolled Carbon Steel Flat Products from India: Final Exhibit 49. Memorandum at III.A.1. Results of Antidumping Duty Review, 73 FR 31961 36 See Annual Report of Indo-German 2008–2009 . (June 5, 2008); and Certain Preserved Mushrooms contained in Petitioners’ March 8, 2010 Surrogate from India: Final Results of Antidumping Duty Value Rebuttal comments at Exhibit 7.

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Preliminary Results of Review The Department preliminarily determines that the following weighted- average dumping margins exist:

CERTAIN ACTIVATED CARBON FROM THE PEOPLE’S REPUBLIC OF CHINA

Weighted average Manufacturer/exporter margin (percent)

Jacobi Carbons AB 38 ...... 3.23 Ningxia Huahui Activated Carbon Co., Ltd ...... 51.33 Datong Juqiang Activated Carbon Co., Ltd ...... 27.28 Datong Municipal Yunguang Activated Carbon Co., Ltd ...... 27.28 Jilin Bright Future Chemicals Company, Ltd ...... 27.28 Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd 39 ...... 27.28 Ningxia Mineral & Chemical Limited ...... 27.28 Shanxi DMD Corporation ...... 27.28 Shanxi Industry Technology Trading Co., Ltd ...... 27.28 Shanxi Qixian Foreign Trade Corporation ...... 27.28 Tangshan Solid Carbon Co., Ltd ...... 27.28 PRC-Wide Rate 40 ...... 228.11 38 The Department is assigning this rate to Jacobi Carbons AB and Tianjin Jacobi International Trading Co. Ltd. 39 In the previous administrative review, the Department found Beijing Pacific Activated Carbon Products Co., Ltd., Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd., and their U.S. affiliate, Cherishmet Inc. as a single entity and because there were no changes from the previous review, we will assign this rate to the companies in the single entity. See Certain Activated Carbon from the People’s Republic of China: Notice of Preliminary Results of the Antidumping Duty Administrative Review and Extension of Time Limits for the Final Results, 74 FR 21319, (May 7, 2009), unchanged in First Administrative Review of Certain Activated Carbon from the People’s Republic of China: Final Results of Anti- dumping Duty Administrative Review, 74 FR 57995 (November 10, 2009). 40 The PRC-Wide entity includes Datong Yunguang Chemicals Plant, Hebei Foreign Trade and Advertising Corporation, Shanxi Newtime Co., Ltd., and United Manufacturing International (Beijing) Ltd.

Disclosure and Public Hearing participate if one is requested, must customer)-specific ad valorem rates by The Department will disclose to submit a written request to the Assistant aggregating the dumping margins parties the calculations performed in Secretary for Import Administration, calculated for all U.S. sales to each connection with these preliminary Room 1117, within 30 days of the date importer (or customer) and dividing this results within five days of the date of of publication of this notice. Requests amount by the total entered value of the publication of this notice. See 19 CFR should contain: (1) The party’s name, sales to each importer (or customer). See 351.224(b). Interested parties may address and telephone number; (2) the 19 CFR 351.212(b)(1). Where an submit case briefs and/or written number of participants; and (3) a list of importer (or customer)-specific ad comments no later than 30 days after the issues to be discussed. Id. Issues raised valorem rate is greater than de minimis, date of publication of these preliminary in the hearing will be limited to those we will apply the assessment rate to the results of review. See 19 CFR raised in the respective case and entered value of the importers’/ 351.309(c)(ii). Rebuttal briefs and rebuttal briefs. The Department will customers’ entries during the POR. See rebuttals to written comments, limited issue the final results of this 19 CFR 351.212(b)(1). to issues raised in such briefs or administrative review, including the Where we do not have entered values comments may be filed no later than results of its analysis of the issues raised for all U.S. sales, we calculated a per- five days after the deadline for filing in any written briefs, not later than 120 unit assessment rate by aggregating the case briefs. See 19 CFR 351.309(d). days after the date of publication of this antidumping duties due for all U.S. Parties who submit case briefs or notice, pursuant to section 751(a)(3)(A) sales to each importer (or customer) and rebuttal briefs in this proceeding are of the Act. dividing this amount by the total requested to submit with each Assessment Rates quantity sold to that importer (or argument: (1) A statement of the issue; customer). See 19 CFR 351.212(b)(1). To (2) a brief summary of the argument; Upon issuance of the final results, the determine whether the duty assessment and (3) a table of authorities. See 19 CFR Department will determine, and CBP rates are de minimis, in accordance with 351.309(c) and (d). shall assess, antidumping duties on all the requirement set forth in 19 CFR In accordance with 19 CFR appropriate entries covered by these 351.106(c)(2), we calculated importer 351.301(c)(3)(ii), for the final results of reviews. The Department intends to (or customer)-specific ad valorem ratios this administrative review, interested issue assessment instructions to CBP 15 based on the estimated entered value. parties may submit publicly available days after the publication date of the Where an importer (or customer)- information to value FOPs within 20 final results of this review excluding specific ad valorem rate is zero or de days after the date of publication of any reported sales that entered during minimis, we will instruct CBP to these preliminary results. Interested the gap period. In accordance with 19 liquidate appropriate entries without parties must provide the Department CFR 351.212(b)(1), we calculated regard to antidumping duties. See 19 with supporting documentation for the exporter/importer (or customer)-specific CFR 351.106(c)(2). publicly available information to value assessment rates for the merchandise For the companies receiving a each FOP. Additionally, pursuant to 19 subject to this review. Where the separate rate that were not selected for CFR 351.310(c), interested parties who respondent has reported reliable entered individual review, we will calculate an wish to request a hearing, or to values, we calculated importer (or assessment rate based on the simple

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average of the cash deposit rates 751(a)(1) and 777(i)(1) of the Act and 19 and interests of the private sector calculated for the companies selected CFR 351.221(b)(4). business community. Each Party for individual review pursuant to Dated: May 7, 2010. appoints the members to its respective section 735(c)(5)(B) of the Act. Ronald K. Lorentzen, Section. The Sections provide policy For those companies for which this advice and counsel to the U.S. Secretary review has been preliminarily Deputy Assistant Secretary for Import Administration. of Commerce and to Iraq’s Minister of rescinded, the Department intends to Trade that reflect private sector views, [FR Doc. 2010–11462 Filed 5–12–10; 8:45 am] assess antidumping duties at rates equal needs, and concerns regarding private to the cash deposit of estimated BILLING CODE 3510–DS–P sector business development in Iraq and antidumping duties required at the time enhanced bilateral commercial ties that of entry, or withdrawal from warehouse, DEPARTMENT OF COMMERCE would form the basis for expanded trade for consumption, in accordance with 19 between the United States and Iraq. The CFR 351.212(c)(2), if the review is International Trade Administration Dialogue will exchange information and rescinded for these companies. The encourage bilateral discussions that Department intends to issue appropriate Notice of Vacancies on the U.S. address the following areas: assessment instructions directly to CBP Section of the U.S.-Iraq Business —Factors that affect the growth of 15 days after publication of this notice. Dialogue private sector business in Iraq, Cash Deposit Requirements AGENCY: International Trade including disincentives to trade and The following cash deposit Administration, Department of investment and regulatory obstacles to requirements will be effective upon Commerce. job creation and investment growth; —Initiatives that the Government of Iraq publication of the final results of this ACTION: Notice. administrative review for all shipments might take, such as enacting, of the subject merchandise entered, or SUMMARY: The U.S. Secretary of amending, enforcing, or repealing withdrawn from warehouse, for Commerce and the Iraq Minister of laws and regulations, to promote consumption on or after the publication Trade established the U.S.-Iraq Business private sector business growth in Iraq; date, as provided for by section Dialogue (Business Dialogue or —Promotion of business opportunities 751(a)(2)(C) of the Act: (1) For the Dialogue) in July 2006. This notice in both Iraq and the United States, exporters listed above, the cash deposit announces ten open membership and identification of opportunities for rate will be established in the final opportunities for representatives of U.S. and Iraqi firms to work together; results of this review (except, if the rate American industry to join the U.S. and is zero or de minimis, i.e., less than 0.5 section of the Dialogue. —Attracting U.S. businesses to percent, no cash deposit will be DATES: Applications must be received opportunities in Iraq and serving as a required for that company); (2) for no later than May 31, 2010; 5 p.m. EST. catalyst for Iraqi private sector previously investigated or reviewed PRC ADDRESSES: Please send requests for growth. and non-PRC exporters not listed above consideration to Valerie Dees, Acting Applications to represent any sector that have separate rates, the cash Director, Iraq Investment and will be considered. The U.S. section deposit rate will continue to be the Reconstruction Task Force, U.S. will represent a cross-section of exporter-specific rate published for the Department of Commerce, either by fax American businesses. most recent period; (3) for all PRC on 202–482–0980 or by mail to U.S. Members serve in a representative exporters of subject merchandise which Department of Commerce, 14th and have not been found to be entitled to a capacity representing the views and Constitution Avenue, NW., Mail Stop interests of their particular industries. separate rate, the cash deposit rate will 3868, Washington, DC 20230. be the PRC-wide rate of 228.11 percent; Members are not special government FOR FURTHER INFORMATION CONTACT: and (4) for all non-PRC exporters of employees, and receive no subject merchandise which have not Kevin M. Reichelt, Office of the Middle compensation for their participation in received their own rate, the cash deposit East, U.S. Department of Commerce, Dialogue activities. Only appointed rate will be the rate applicable to the Room 2029–B, Washington, DC 20230. members may participate in Dialogue PRC exporters that supplied that non- Phone: 202–482–2896. meetings; substitutes and alternates will PRC exporter. These deposit SUPPLEMENTARY INFORMATION: The U.S. not be permitted. Section members requirements, when imposed, shall Secretary of Commerce and the Iraqi serve for three-year terms, but may be remain in effect until further notice. Minister of Trade established the reappointed. U.S. Section members Dialogue as a bilateral forum to facilitate serve at the discretion of the Secretary Notification to Importers private sector business growth in Iraq of Commerce. This notice also serves as a and to strengthen trade and investment The U.S. Department of Commerce is preliminary reminder to importers of ties between the United States and Iraq. currently seeking candidates for ten their responsibility under 19 CFR During Former Secretary of Commerce membership positions on the U.S. 351.402(f)(2) to file a certificate Carlos M. Gutierrez’s visit to Iraq in July Section of the Dialogue. Candidates will regarding the reimbursement of 2006, he joined Iraq’s former Minister of be evaluated based on: their interest in antidumping duties prior to liquidation Trade Dr. Abd-al-Falah al-Sudani in the Iraqi market; export/investment of the relevant entries during this signing the Joint Statement on experience; contribution to diversity review period. Failure to comply with Commercial Cooperation, which based on size of company, geographic this requirement could result in the formally established the Dialogue. location, and sector; and ability to Secretary’s presumption that The U.S. Secretary of Commerce and initiate and be responsible for activities reimbursement of antidumping duties the Iraqi Minister of Trade co-chair the in which the Business Dialogue will be occurred and the subsequent assessment Dialogue. The Dialogue consists of a active. of double antidumping duties. U.S. Section and an Iraqi Section. Each In order to be eligible for membership This determination is issued and Section consists of members from the in the U.S. section, potential candidates published in accordance with sections private sector, representing the views shall be:

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—A U.S. citizen residing in the United CONSUMER PRODUCT SAFETY responsible for the enforcement of the States, or able to travel to the United COMMISSION CPSA. 3. Target is a corporation organized States or other location to attend [CPSC Docket No. 09–C0037] official Business Dialogue meetings; and existing under the laws of Target Corporation: Provisional Minnesota, with its principal offices —The President or CEO (or comparable located in Minneapolis, Minnesota. At level of responsibility) of a private Acceptance of a Settlement Agreement and Order all times relevant hereto, Target sector company, or, in the case of imported and sold toys and children’s large companies, a person having AGENCY: Consumer Product Safety products. substantial responsibility for the Commission. Staff Allegations company’s commercial activities in ACTION: Notice. Iraq, either of which shall possess 4. From May 2006 through October unique experience with or specialized SUMMARY: It is the policy of the 2006, Target imported into the United knowledge about the commercial Commission to publish settlements States approximately 156,300 units of environment in Iraq; or the head of a which it provisionally accepts under the Various Kool Toyz children’s products non-profit entity, such as a trade or Consumer Product Safety Act in the consisting of the following models: industry association, who possesses Federal Register in accordance with the Truck Carry Case; Tiny Playground Set/ unique technical expertise, and the terms of 16 CFR 1118.20(e). Published Dream House Play Set; Discovery ability to provide counsel with below is a provisionally-accepted Dinosaur Habitat; Air, Land and Sea respect to private sector business Settlement Agreement with Target Defender Play Set; and the Tank and ‘‘ development in Iraq; and Corporation, containing a civil penalty Helicopter Action Figure Play Set ( Kool of $600,000.00. Toyz’’). Target sold the Kool Toyz to —Not a registered foreign agent under DATES: Any interested person may ask consumers at retail stores nationwide the Foreign Agents Registration Act of the Commission not to accept this owned or operated by Target from July 1938, as amended. agreement or otherwise comment on its 2006 through September 2006 for Members will be selected on the basis contents by filing a written request with between $10 and $20 per unit. 5. On approximately November 2006, of who best will carry out the objectives the Office of the Secretary by May 28, Target imported into the United States of the Business Dialogue as described 2010. ADDRESSES: Persons wishing to about 5,000 Anima-Bamboo Collection above and as stated in the Terms of Games (‘‘Collection Games’’) units. Reference for the Dialogue. (The Terms comment on this Settlement Agreement should send written comments to the Target sold the Collection Games to of Reference are available from the point consumers at retail stores nationwide of contact listed above.) Comment 09–C0037, Office of the Secretary, Consumer Product Safety owned or operated by Target from Recommendations for appointment will approximately December 2006 through be made to the Secretary of Commerce. Commission, 4330 East West Highway, Room 820, Bethesda, Maryland 20814– April 2007 for $10 per unit. All candidates will be notified of 4408. 6. From June 2006 through June 2007, whether they have been selected. Target imported into the United States FOR FURTHER INFORMATION CONTACT: about 350,000 units of the Happy Giddy To be considered for membership, Sean R. Ward, Lead Trial Attorney, Gardening Tools (‘‘Toy Tools’’). Target please submit the following information Division of Compliance, Office of the sold the Toy Tools to consumers at as instructed in the addresses and dates General Counsel, Consumer Product retail stores nationwide owned or captions above: Name(s) and title(s) of Safety Commission, 4330 East West operated by Target from approximately the individual(s) requesting Highway, Bethesda, Maryland 20814– August 2006 through August 2007 for consideration; name and address of 4408; telephone (301) 504–7602. between $3 and $10 per unit. company or non-profit entity to be SUPPLEMENTARY INFORMATION: The text of 7. From June 2007 through August represented; size of the company or the Agreement and Order appears 2007, Target imported into the United non-profit entity; description of relevant below. States about 1900 units of Sunny Patch product, service, or technical expertise; Dated: May 6, 2010. Chairs (‘‘Toy Chairs’’). Target sold the size of company’s export trade, Todd A. Stevenson, Toy Chairs to consumers at retail stores investment, and/or international Secretary. nationwide owned or operated by Target program experience; nature of from approximately June 2007 through operations or interest in Iraq; Settlement Agreement and Order August 2007 for about $10 per unit. responsibilities of the candidate within 1. In accordance with 16 CFR 1118.20, 8. The Kool Toyz, Collection Games, the company or non-profit entity; and a Target Corporation (‘‘Target ’’) and the Toy Tools and Toy Chairs (collectively, brief statement of why the candidate staff (‘‘Staff ’’) of the United States ‘‘Target Products’’) are ‘‘consumer should be appointed, including Consumer Product Safety Commission products,’’ and, at all times relevant information about the candidate’s (‘‘CPSC ’’ or the ‘‘Commission’’) enter into hereto, Target was a ‘‘manufacturer’’ ability to initiate and be responsible for this Settlement Agreement and/or ‘‘retailer’’ of those consumer activities in which the Business (‘‘Agreement ’’). The Agreement and the product(s), which were ‘‘distributed in Dialogue will be active. incorporated attached Order (‘‘Order ’’) commerce,’’ as those terms are defined settle the Staff’s allegations set forth in CPSA section 3(a)(3), (5), (8), (11) and Valerie Dees, below. (13), 15 U.S.C. §§ 2052(a)(3), (5), (8), (11) Acting Director, Iraq Investment and and (13). Reconstruction Task Force. Parties 9. The Target Products are articles [FR Doc. 2010–11471 Filed 5–12–10; 8:45 am] 2. The Commission is an independent intended to be entrusted to or for use by BILLING CODE 3510–DA–P federal regulatory agency established children, and, therefore, are subject to pursuant to the Consumer Product the requirements of the Commission’s Safety Act, 15 U.S.C. 2051–2089 Ban of Lead-Containing Paint and (‘‘CPSA’’). The Commission is Certain Consumer Products bearing

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Lead-Containing Paint, 16 CFR Part bamboo game sets could contain lead 20. Target notified CPSC of the Kool 1303 (the ‘‘Ban’’). Under the Ban, toys paint, which is toxic if ingested by Toyz and Collection Games issues and other children’s articles must not young children and can cause adverse promptly upon discovering them. CPSC bear ‘‘lead-containing paint,’’ defined as health effects.’’ On September 26, 2007, discovered the Toy Tools/Toy Chairs paint or other surface coating materials the Commission and Target announced issue and brought it to Target’s whose lead content is more than 0.06 a consumer-level recall of about 350,000 attention. After promptly investigating percent of the weight of the total Toy Tools and Toy Chairs because ‘‘[t]he the facts, Target voluntarily conducted nonvolatile content of the paint or the surface paint on the recalled gardening each of the three subject product recalls weight of the dried paint film. 16 CFR tools and chairs contains excessive in cooperation with CPSC. 1303.2(b)(1). levels of lead, violating the federal lead 21. Before the Target Products were 10. On October 6, 2006, Target paint standard.’’ manufactured, Target had already begun submitted a Full Report to CPSC 15. Although Target reported no implementing Multi-Stage Testing containing information that it had incidents or injuries associated with the (‘‘MST’’) and a Quality Assurance commissioned an independent Kool Toyz, Collection Games, Toy Tools Initiative as part of its overall process laboratory to conduct testing for the and Toys Chairs, it failed to take designed to help ensure the quality and presence of lead in surface coatings on adequate action to ensure that none safety of the products that Target sells. multiple models of the Kool Toyz in would bear or contain lead-containing Target enhanced its procedures by response to a consumer complaint that paint, thereby creating a risk of lead addressing through MST the monitoring parts of the product were breaking. As poisoning and adverse health effects to of product quality both before and expressed in several test reports, the test children. during production by conducting three results demonstrated that the samples of 16. The Kool Toyz, Collection Games, stages of testing—pre-production, top of the Kool Toyz contained a total lead Toy Tools and Toy Chairs constitute production, and ongoing random testing content in excess of the permissible 0.06 ‘‘banned hazardous products’’ under of production units. percent limit set forth in the Ban. CPSA section 8 and the Ban, 15 U.S.C. 11. On April 17, 2007, Target Agreement of the Parties 2057 and 16 CFR 1303.1(a)(1), 1303.4(b), submitted a Full Report to CPSC 22. Under the CPSA, the Commission in that they bear or contain paint or containing information that it had has jurisdiction over this matter and other surface coating materials whose commissioned an independent over Target. lead content exceeds the permissible laboratory to conduct testing of samples 23. The parties enter into the limit of 0.06 percent of the weight of the for the presence of lead in surface Agreement for settlement purposes only. coatings on multiple models of the total nonvolatile content of the paint or The Agreement does not constitute an Collection Games from a store audit. As the weight of the of dried paint film. admission by Target, or a determination expressed in several test reports, the test Between May 2006 and August 2007, by the Commission, that Target has results demonstrated that the samples of Target sold, manufactured for sale, knowingly violated the CPSA. the Collection Games contained lead offered for sale, distributed in 24. In settlement of the Staff’s content in excess of the permissible 0.06 commerce, or imported into the United allegations, Target shall pay a civil percent limit set forth in the Ban. States, or caused one or more of such penalty in the amount of six-hundred 12. On August 10, 2007, the Staff acts, with respect to the aforesaid thousand dollars ($600,000.00) within informed Target that it had tested a store banned hazardous Kool Toyz, Collection twenty (20) calendar days of service of sample of Toy Tools using the Games, Toy Tools and Toy Chairs, in the Commission’s final Order accepting Association of Official Analytical violation of section 19(a)(1) of the the Agreement. The payment shall be by Chemists (‘‘AOAC’’) method 974.02 lead CPSA, 15 U.S.C. 2068(a)(1). Target check payable to the order of the United analysis of paint which demonstrated committed these prohibited acts States Treasury. that orange surface coating on the tested ‘‘knowingly,’’ as that term is defined in 25. Upon the Commission’s sample contained a total lead content in section 20(d) of the CPSA, 15 U.S.C. provisional acceptance of the excess of the permissible 0.06 percent 2069(d). Agreement, the Agreement shall be limit set forth in the Ban. 17. Pursuant to section 20 of the placed on the public record and 13. On September 14, 2007, Target CPSA, 15 U.S.C. 2069, Target is subject published in the Federal Register in submitted a Full Report to CPSC to civil penalties for the aforementioned accordance with the procedures set containing information that it had violations. forth in 16 CFR 1118.20(e). In commissioned an independent Target’s Responsive Allegations accordance with 16 C.F.R. § 1118.20(f), laboratory to conduct testing of store if the Commission does not receive any samples of the Toy Chairs. As expressed 18. Target denies the Staff’s written request not to accept the in its test reports, the test result allegations set forth above that it Agreement within fifteen (15) days, the demonstrated that the sample of the Toy violated the CPSA or that it failed to Agreement shall be deemed finally Chairs contained lead content in excess take adequate action to ensure that none accepted on the sixteenth (16th) day of the permissible 0.06 percent limit set of its products contained excessive after the date it is published in the forth in the Ban. levels of lead-containing paint. Federal Register. 14. On November 15, 2006, the 19. At all times relevant to this matter, 26. Upon the Commission’s final Commission and Target announced a Target’s quality assurance procedures acceptance of the Agreement and consumer-level recall of about 156,300 were reasonable and satisfied the issuance of the final Order, Target units of the Kool Toyz because ‘‘[s]ome standard of care. Target’s knowledge knowingly, voluntarily, and completely of the toys contain lead paint, which is when the subject products were waives any rights it may have in this toxic if ingested by young children and imported and offered for sale was that matter to the following: (1) An can cause adverse health effects.’’ On they complied with the lead paint administrative or judicial hearing; (2) May 2, 2007, the Commission and standard. Notwithstanding satisfactory judicial review or other challenge or Target announced a consumer-level pre-production test results, certain units contest of the validity of the recall of about 5,000 units of Collection were subsequently found to contain Commission’s Order or actions; (3) a Games because ‘‘[t]he toys in the impermissible levels of lead paint. determination by the Commission of

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whether Target failed to comply with Order between 8:30 a.m. and 5 p.m. eastern the CPSA and its underlying Upon consideration of the Settlement time, Monday through Friday. regulations; (4) a statement of findings Agreement entered into between Target ADDRESSES: Comments may be of fact and conclusions of law; and (5) Corporation (‘‘Target’’) and the U.S. submitted, identified by the title of the any claims under the Equal Access to Consumer Product Safety Commission information collection activity, to the Justice Act. (‘‘Commission’’) staff, and the Office of Information and Regulatory 27. The Commission may publicize Commission having jurisdiction over Affairs, Attn: Ms. Sharon Mar, OMB the terms of the Agreement and Order. the subject matter and over Target, and Desk Officer for the Corporation for 28. The Agreement and Order shall it appearing that the Settlement National and Community Service, by apply to, and be binding upon, Target Agreement and Order are in the public any of the following two methods and each of its successors and assigns. interest, it is within 30 days from the date of 29. The Commission issues the Order Ordered, that the Settlement publication in this Federal Register: under the provisions of the CPSA, and Agreement be, and hereby is, accepted; (1) By fax to: (202) 395–6974, violation of the Order may subject and it is Attention: Ms. Sharon Mar, OMB Desk Target and each of its successors and Further ordered, that Target shall pay Officer for the Corporation for National assigns to appropriate legal action. a civil penalty in the amount of six- and Community Service; and 30. The Agreement may be used in hundred thousand dollars ($600,000.00) (2) Electronically by e-mail to: interpreting the Order. Understandings, within twenty (20) calendar days of [email protected]. agreements, representations, or service of the Commission’s final Order SUPPLEMENTARY INFORMATION: The OMB interpretations apart from those accepting the Agreement. The payment contained in the Agreement and Order is particularly interested in comments shall be made by check payable to the which: may not be used to vary or contradict its order of the United States Treasury. terms. The Agreement shall not be • Evaluate whether the proposed Upon the failure of Target to make collection of information is necessary waived, amended, modified, or any of the foregoing payments when otherwise altered, except in a writing for the proper performance of the due, interest on the unpaid amount functions of the Corporation, including that is executed by the party against shall accrue and be paid by Target at the whom such waiver, amendment, whether the information will have federal legal rate of interest set forth at practical utility; modification, or alteration is sought to 28 U.S.C. 1961(a) and (b). be enforced. • Evaluate the accuracy of the 31. If after the effective date hereof, Provisionally accepted and provisional Order agency’s estimate of the burden of the any provision of the Agreement and issued on the 30th day of September, proposed collection of information, 2009. Order is held to be illegal, invalid, or including the validity of the unenforceable under present or future By Order of the Commission: methodology and assumptions used; lllllllllllllllllllll • Propose ways to enhance the laws effective during the terms of the Todd A. Stevenson, Secretary Agreement and Order, such provision U.S. Consumer Product Safety Commission quality, utility, and clarity of the information to be collected; and shall be fully severable. The balance of [FR Doc. 2010–11460 Filed 5–12–10; 8:45 am] the Agreement and Order shall remain • Propose ways to minimize the BILLING CODE 6355–01–P in full force and effect, unless the burden of the collection of information Commission and Target agree that on those who are to respond, including severing the provision materially affects through the use of appropriate CORPORATION FOR NATIONAL AND the purpose of the Agreement and automated, electronic, mechanical, or COMMUNITY SERVICE Order. other technological collection techniques or other forms of information Target Corporation: Information Collection; Submission for technology, e.g., permitting electronic OMB Review, Comment Request Dated: 9–17–09 submissions of responses. By: lllllllllllllllllll AGENCY: Corporation for National and Stacia Andersen, President Comments Target Sourcing Services Community Service. 1000 Nicollet Mall ACTION: Notice. A 60-day public comment Notice was Minneapolis, MN 55403 published in the Federal Register on Dated: 9–17–09 SUMMARY: The Corporation for National Friday, March 5, 2010. This comment By: lllllllllllllllllll and Community Service (hereinafter the period ended May 5, 2010. No public Eric A. Rubel, Esq. ‘‘Corporation’’), has submitted a public comments were received from this Arnold & Porter LLP information collection request (ICR) Notice. 555 Twelfth Street, NW. entitled AmeriCorps Application Description: The Corporation is Washington, DC 20004–1206 Instructions: Administrative, Program seeking approval of the attached Counsel for Target Corporation Development, and Training grants to the AmeriCorps Application Instructions: U.S. Consumer Product Safety Office of Management and Budget Administrative, Program Development, Commission Staff (OMB) for review and approval in and Training grants. State commissions Cheryl A. Falvey accordance with the Paperwork will respond to the questions included General Counsel Reduction Act of 1995, Public Law 104– in this ICR in order to report on their Office of the General Counsel 13, (44 U.S.C. Chapter 35). Copies of use of federal funds and progress against Ronald G. Yelenik this ICR, with applicable supporting Assistant General Counsel, Division of their annual plan. Compliance documentation, may be obtained by Type of Review: Renewal. Office of the General Counsel calling the Corporation for National and Agency: Corporation for National and Dated: 9–17–09 Community Service, Ms. Amy Community Service. By: lllllllllllllllllll Borgstrom at (202) 606–6930. Title: AmeriCorps Application Sean R. Ward Individuals who use a Instructions: Administrative, Program Trial Attorney, Division of Compliance telecommunications device for the deaf Development, and Training grants. Office of the General Counsel (TTY–TDD) may call (202) 565–2799 OMB Number: 3045–0099.

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Agency Number: None. SUMMARY: The Acting Director, Affected Public: Not-for-profit Affected Public: State service Information Collection Clearance institutions; State, Local, or Tribal commissions. Division, Regulatory Information Gov’t, SEAs or LEAs. Total Respondents: 54. Management Services, Office of Reporting and Recordkeeping Hour Frequency: Annually. Management invites comments on the Burden: Average Time per Response: 25 hours. submission for OMB review as required Responses: 3,329. Estimated Total Burden Hours: 1,350 by the Paperwork Reduction Act of Burden Hours: 18,265. hours. 1995. Abstract: The Academic Libraries Total Burden Cost (capital/startup): Survey (ALS) provides the basic data None. DATES: Interested persons are invited to Total Burden Cost (operating/ submit comments on or before June 14, needed to produce descriptive statistics maintenance): None. 2010. for approximately 3,827 academic libraries in the 2-year and 4-year Dated: May 6, 2010. ADDRESSES: Written comments should postsecondary institutions of the 50 Lois Nembhard, be addressed to the Office of states, the District of Columbia, and the Acting Director, AmeriCorps State and Information and Regulatory Affairs, outlying areas of the United States. National. Attention: Education Desk Officer, Collection of these data enables the [FR Doc. 2010–11459 Filed 5–12–10; 8:45 am] Office of Management and Budget, 725 nation to plan for the development and BILLING CODE 6050–$$–P 17th Street, NW., Room 10222, New use of postsecondary education library Executive Office Building, Washington, resources. ALS has been a component of DC 20503, be faxed to (202) 395–5806 or the Integrated Postsecondary Education CORPORATION FOR NATIONAL AND e-mailed to Data System (IPEDS), but since 2000 it _ COMMUNITY SERVICE oira [email protected] with a has been a separate biennial survey. The cc: to [email protected]. data are collected on the web and Sunshine Act Meeting Notice SUPPLEMENTARY INFORMATION: Section consist of information about library The National Civilian Community 3506 of the Paperwork Reduction Act of holdings, library staff, library services Corps Advisory Board gives notice of 1995 (44 U.S.C. Chapter 35) requires and usage, library technology, library the following meeting: that the Office of Management and budget and expenditures for 4300 DATE AND TIME: Friday, June 11, 2010, Budget (OMB) provide interested academic libraries in the U.S. The ALS 2 p.m.–3:30 p.m. Federal agencies and the public an early questionnaire is being revised for the opportunity to comment on information PLACE: Conference room #8312, 8th 2010 survey: One eligibility question collection requests. OMB may amend or floor, Corporation for National and and twelve item responses will be waive the requirement for public Community Service Headquarters, 1201 added and one item response will be consultation to the extent that public New York Avenue, NW., Washington, dropped. participation in the approval process Requests for copies of the information DC 20525. would defeat the purpose of the collection submission for OMB review STATUS: Open. information collection, violate State or may be accessed from http:// Matters To Be Considered Federal law, or substantially interfere edicsweb.ed.gov, by selecting the with any agency’s ability to perform its ‘‘Browse Pending Collections’’ link and I. Meeting Convenes II. Committee Reports statutory obligations. The Acting by clicking on link number 4228. When • Projects and Partnership Committee Director, Information Collection you access the information collection, • Member Services Committee Clearance Division, Regulatory click on ‘‘Download Attachments ’’ to • Policy and Operations Committee Information Management Services, view. Written requests for information III. Public Comment Office of Management, publishes that should be addressed to U.S. Department Accommodations: Anyone who needs notice containing proposed information of Education, 400 Maryland Avenue, an interpreter or other accommodation collection requests prior to submission SW., LBJ, Washington, DC 20202–4537. should notify the Corporation’s contact of these requests to OMB. Each Requests may also be electronically person by 5 p.m. Friday, June 4, 2010. proposed information collection, mailed to the Internet address Contact Person for More Information: grouped by office, contains the [email protected] or faxed to 202– Erma Hodge, NCCC, Corporation for following: (1) Type of review requested, 401–0920. Please specify the complete National and Community Service, 9th e.g. new, revision, extension, existing or title of the information collection when Floor, Room 9802B, 1201 New York reinstatement; (2) Title; (3) Summary of making your request. Avenue, NW., Washington, DC 20525. the collection; (4) Description of the Comments regarding burden and/or Phone (202) 606–6696. Fax (202) 606– need for, and proposed use of, the the collection activity requirements 3462. TDD: (202) 606–3472. E-mail: information; (5) Respondents and should be electronically mailed to [email protected]. frequency of collection; and (6) [email protected]. Individuals who Reporting and/or Recordkeeping use a telecommunications device for the Dated: May 10, 2010. burden. OMB invites public comment. deaf (TDD) may call the Federal Frank R. Trinity, Dated: May 6, 2010. Information Relay Service (FIRS) at General Counsel. 1–800–877–8339. James, Hyler, [FR Doc. 2010–11441 Filed 5–11–10; 11:15 am] Acting Director, Information Collection [FR Doc. 2010–11331 Filed 5–12–10; 8:45 am] BILLING CODE 6050–$$–P Clearance Division, Regulatory Information BILLING CODE 4000–01–P Management Services, Office of Management. DEPARTMENT OF EDUCATION Institute of Education Sciences DEPARTMENT OF EDUCATION Type of Review: Reinstatement. Submission for OMB Review; Submission for OMB Review; Title: Academic Libraries Survey Comment Request Comment Request (ALS): 2010–2012. AGENCY: Department of Education. Frequency: Biennially. AGENCY: Department of Education.

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SUMMARY: The Acting Director, American and Alaska Native Children use a telecommunications device for the Information Collection Clearance in School. deaf (TDD) may call the Federal Division, Regulatory Information Frequency: Annually. Information Relay Service (FIRS) at 1– Management Services, Office of Affected Public: State, Local, or Tribal 800–877–8339. Management invites comments on the Gov’t, SEAs or LEAs. [FR Doc. 2010–11481 Filed 5–12–10; 8:45 am] submission for OMB review as required Reporting and Recordkeeping Hour BILLING CODE 4000–01–P by the Paperwork Reduction Act of Burden: 1995. Responses: 50. DEPARTMENT OF EDUCATION DATES: Interested persons are invited to Burden Hours: 2,000. Abstract: Application for Grants submit comments on or before June 14, Notice of Proposed Information Under English Language Acquisition 2010. Collection Requests and Language Enhancement: Native ADDRESSES: Written comments should be addressed to the Office of American and Alaska Native Children AGENCY: Department of Education. Information and Regulatory Affairs, in School are authorized under Subpart SUMMARY: The Acting Director, Attention: Education Desk Officer, 1, of Title III of the English Language Information Collection Clearance Office of Management and Budget, 725 Acquisition, Language Enhancement, Division, Regulatory Information 17th Street, NW., Room 10222, New and Academic Achievement Act, as Management Services, Office of Executive Office Building, Washington, amended by the No Child Left Behind Management, invites comments on the DC 20503, be faxed to (202) 395–5806 or Act of 2001, hereinafter called the Act proposed information collection e-mailed to (Section 3112 of Pub. L 107–110). The requests as required by the Paperwork [email protected] with a purpose of the Native American and Reduction Act of 1995. cc: to [email protected]. Alaska Native Children in School DATES: Interested persons are invited to Program is to provide grants to eligible submit comments on or before July 12, SUPPLEMENTARY INFORMATION: Section entities that support language 3506 of the Paperwork Reduction Act of 2010. instruction educational projects for SUPPLEMENTARY INFORMATION: Section 1995 (44 U.S.C. Chapter 35) requires limited English proficient (LEP) that the Office of Management and 3506 of the Paperwork Reduction Act of children from Native American, Alaska 1995 (44 U.S.C. Chapter 35) requires Budget (OMB) provide interested Native, Native Hawaiian, and Pacific Federal agencies and the public an early that the Office of Management and Islander backgrounds. The program is Budget (OMB) provide interested opportunity to comment on information designed to ensure that LEP children collection requests. OMB may amend or Federal agencies and the public an early master English and meet the same opportunity to comment on information waive the requirement for public rigorous standards for academic consultation to the extent that public collection requests. OMB may amend or achievement that all children are waive the requirement for public participation in the approval process expected to meet. Supported programs would defeat the purpose of the consultation to the extent that public may include the study of Native participation in the approval process information collection, violate State or American languages instruction Federal law, or substantially interfere would defeat the purpose of the educational programs, Section 3112, information collection, violate State or with any agency’s ability to perform its Public Law 107–110. statutory obligations. The Acting Federal law, or substantially interfere This information collection is being with any agency’s ability to perform its Director, Information Collection submitted under the Streamlined Clearance Division, Regulatory statutory obligations. The Acting Clearance Process for Discretionary Director, Information Collection Information Management Services, Grant Information Collections (1894– Clearance Division, Regulatory Office of Management, publishes that 0001). Therefore, the 30-day public Information Management Services, notice containing proposed information comment period notice will be the only Office of Management, publishes that collection requests prior to submission public comment notice published for notice containing proposed information of these requests to OMB. Each this information collection. collection requests prior to submission proposed information collection, Requests for copies of the information of these requests to OMB. Each grouped by office, contains the collection submission for OMB review proposed information collection, following: (1) Type of review requested, may be accessed from http:// grouped by office, contains the e.g. new, revision, extension, existing or edicsweb.ed.gov, by selecting the following: (1) Type of review requested, reinstatement; (2) Title; (3) Summary of ‘‘Browse Pending Collections’’ link and e.g. new, revision, extension, existing or the collection; (4) Description of the by clicking on link number 4293. When reinstatement; (2) Title; (3) Summary of need for, and proposed use of, the you access the information collection, the collection; (4) Description of the information; (5) Respondents and click on ‘‘Download Attachments ’’ to need for, and proposed use of, the frequency of collection; and (6) view. Written requests for information information; (5) Respondents and Reporting and/or Recordkeeping should be addressed to U.S. Department frequency of collection; and (6) burden. OMB invites public comment. of Education, 400 Maryland Avenue, Reporting and/or Recordkeeping Dated: May 10, 2010. SW., LBJ, Washington, DC 20202–4537. burden. OMB invites public comment. James Hyler, Requests may also be electronically The Department of Education is Acting Director, Information Collection mailed to the Internet address especially interested in public comment Clearance Division, Regulatory Information [email protected] or faxed to 202– addressing the following issues: (1) Is Management Services, Office of Management. 401–0920. Please specify the complete this collection necessary to the proper title of the information collection when functions of the Department; (2) will Office of English Language Acquisitions making your request. this information be processed and used Type of Review: Reinstatement. Comments regarding burden and/or in a timely manner; (3) is the estimate Title: Application for Grants Under the collection activity requirements of burden accurate; (4) how might the English Language Acquisition and should be directed to Department enhance the quality, utility, Language Enhancement: Native [email protected]. Individuals who and clarity of the information to be

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collected; and (5) how might the submit to OMB the final main study the Higher Education Opportunity Act Department minimize the burden of this recruitment materials, design, and of 2008 (HEOA). The GAP Program collection on the respondents, including burden; and in spring 2012, NCES will assists States in establishing through the use of information submit the final main study partnerships to provide eligible students technology. instruments. with LEAP Grants under GAP to attend Dated: May 10, 2010. Requests for copies of the proposed institutions of higher education and to information collection request may be encourage increased participation in Stephanie Valentine, accessed from http://edicsweb.ed.gov, early information and intervention, Acting Director, Information Collection by selecting the ‘‘Browse Pending mentoring, or outreach programs. The Clearance Division, Regulatory Information Management Services, Office of Management. Collections’’ link and by clicking on link GAP Program replaces the SLEAP number 4303. When you access the Program. However, section 415E(j) of Institute of Education Sciences information collection, click on the HEA, as amended by the HEOA, Type of Review: Reinstatement. ‘‘Download Attachments’’ to view. provides that for the two-year period Title: Program for International Written requests for information should that began on August 14, 2008, the date Student Assessments (PISA) 2012 be addressed to U.S. Department of of enactment of the HEOA, a State may Recruitment and Field Test. Education, 400 Maryland Avenue, SW., continue to make grants under the Frequency: Annually. LBJ, Washington, DC 20202–4537. SLEAP Program, i.e., through the 2010– Affected Public: Individuals or Requests may also be electronically 2011 award year. The 2010–2011 award household. mailed to [email protected] or faxed year is the last award year in which Reporting and Recordkeeping Hour to 202–401–0920. Please specify the States will be able to apply for SLEAP Burden: complete title of the information funding. States that choose to apply for Responses: 2,087. collection when making your request. either SLEAP or GAP funding must first Burden Hours: 1,057. Comments regarding burden and/or apply for LEAP funding and be deemed Abstract: The Program for the collection activity requirements eligible and must subsequently International Student Assessment should be electronically mailed to participate in the LEAP Program in the (PISA) is an international assessment [email protected]. Individuals who 2010–2011 award year to receive that focuses on 15-year-olds’ capabilities use a telecommunications device for the funding under either SLEAP or GAP. in reading, mathematics, and science deaf (TDD) may call the Federal Under section 415C(a) of the HEA, a literacy. It was first implemented by the Information Relay Service (FIRS) at 1– State must submit an application to National Center for Education Statistics 800–877–8339. participate in the LEAP, SLEAP, or GAP (NCES) in 2000 and has been [FR Doc. 2010–11478 Filed 5–12–10; 8:45 am] programs through the State agency that administered its LEAP Program as of administered every 3 years since. This BILLING CODE 4000–01–P submission is for the fifth cycle in the July 1, 1985, unless the Governor of the series, PISA 2012, and requests OMB State has subsequently designated, and approval for field test and main study DEPARTMENT OF EDUCATION the Department has approved, a recruitment, field trial data collection, different State agency to administer the Federal Student Aid; Leveraging and a waiver of the 60-day Federal LEAP Program. Educational Assistance Partnership, Register notice for the main study DATES: To assure funding under the Special Leveraging Educational clearance in 2012. As in 2003, in PISA LEAP, SLEAP, or GAP programs for Assistance Partnership, and Grants for 2012, mathematics will be the major Award Year 2010–2011, a State must Access and Persistence Programs subject domain. The field test will also meet the applicable deadline date. include computer-based assessments in Catalog of Federal Domestic Assistance Applications submitted electronically reading, science, and general problem (CFDA) Number: 84.069. must be received by 11:59 p.m. (Eastern solving, and an assessment of financial time) June 1, 2010. Paper applications AGENCY: Federal Student Aid, must be received by May 25, 2010. literacy in a paper-and-pencil format. Department of Education. The United States may decide to FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of the deadline dates for participate in these components in the Greg Gerrans, LEAP Program Manager, receipt of State applications for Award Grants and Campus Based Programs main study as well, based on the results Year 2010–2011 funds. of the field test. In addition to Division, Business Operations, Federal assessment data, PISA provides SUMMARY: This notice provides the Student Aid, U.S. Department of background information on school deadline dates for receipt of State Education, 830 First Street, NE., room context and student demographics to applications for Award Year 2010–2011 UCP–062E3, Washington, DC 20202– benchmark performance and inform funds under the Leveraging Educational 5453. Telephone: (312) 730–1506 or by policy. School recruitment for the field Assistance Partnership (LEAP), Special e-mail: [email protected]. test will begin in September 2010 with Leveraging Educational Assistance If you use a telecommunications data collection beginning in March Partnership (SLEAP), and Grants for device for the deaf (TDD), call the 2011. Main study recruitment will begin Access and Persistence (GAP) programs. Federal Relay Service (FRS), toll free, at in September 2011 with data collection The LEAP and SLEAP programs, 1–800–877–8339. beginning in September 2012. The PISA authorized under title IV, part A, Individuals with disabilities can 2012 field test sample will include subpart 4 of the Higher Education Act obtain this document in an accessible about 35 schools (main study sample of 1965, as amended (HEA), assist States format (e.g., braille, large print, about 150) and about 1,600 students in providing aid to students with audiotape, or compact disk) on request (4,500–5,700 for the main study, substantial financial need to help them to the program contact person listed depending on the components pay for their postsecondary education under FOR FURTHER INFORMATION administered). In January 2011 NCES costs through matching formula grants CONTACT. will submit the final field trial to States. The GAP Program was SUPPLEMENTARY INFORMATION: Only the instruments to OMB; then, following the authorized under section 415E of the 50 States, the District of Columbia, the field test study, in May 2011, NCES will HEA, which was amended as a result of Commonwealth of Puerto Rico, Guam,

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the Commonwealth of the Northern time), except Saturdays, Sundays, and DEPARTMENT OF EDUCATION Mariana Islands, American Samoa, and Federal holidays. International Education Programs the U.S. Virgin Islands may submit an Paper applications that are hand- Service—Fulbright-Hays Group application for funding under the LEAP, delivered must be received by 4:30 p.m. Projects Abroad Program SLEAP, and GAP programs. (Eastern time) on May 25, 2010. State allotments for each award year Applicable Regulations: The Catalog of Federal Domestic Assistance are determined according to the (CFDA) Number: 84.021. statutorily mandated formula under following regulations are applicable to section 415B of the HEA and are not the LEAP, SLEAP, and GAP programs: AGENCY: Office of Postsecondary negotiable. A State may also request its (1) The LEAP, SLEAP, and GAP Education, Department of Education. share of reallotment, in addition to its Program regulations in 34 CFR part 692. ACTION: Notice of proposed priorities. basic allotment, which is contingent (2) The Student Assistance General SUMMARY: upon the availability of such additional The Assistant Secretary for Provisions in 34 CFR part 668. funds. Postsecondary Education proposes two priorities for the Fulbright-Hays Group In Award Year 2009–2010, 48 States, (3) The Regulations Governing Projects Abroad Program administered the District of Columbia, Guam, and the Institutional Eligibility in 34 CFR part by the International Education Programs U.S. Virgin Islands received funds 600. Service. The Assistant Secretary may under the LEAP Program. Additionally, (4) The Education Department use these priorities for competitions in 44 States, the District of Columbia, General Administrative Regulations fiscal year (FY) 2011 and later years. Guam, and the U.S. Virgin Islands (EDGAR) in 34 CFR 75.60 through 75.62 We intend these two priorities to help received funds under the SLEAP (Ineligibility of Certain Individuals to increase the number of teachers at the Program. Receive Assistance), part 76 (State- Kindergarten-grade 12 (K–12) level with Applications Submitted Administered Programs), part 77 skills in a second language and Electronically: States or territories may (Definitions that Apply to Department knowledge of other cultures around the apply using the electronic form (Form Regulations), part 79 (Intergovernmental world by supporting: (1) short-term 1288–E OMB 1845–0028) which can be Review of Department of Education projects abroad that provide pre-service obtained by contacting Mr. Greg Programs and Activities), part 80 teachers with training or courses in Gerrans, LEAP Program Manager, at foreign languages and international area (312) 730–1506 or by e-mail: (Uniform Administrative Requirements studies as part of a teacher education [email protected]. The form will be e- for Grants and Cooperative Agreements curriculum developed through mailed to you. Applications submitted to State and Local Governments), part collaboration between colleges or electronically must be e-mailed to 82 (New Restrictions on Lobbying), part departments of education and colleges [email protected] and received by 84 (Governmentwide Requirements for or departments of arts and sciences 11:59 p.m. (Eastern time), June 1, 2010. Drug-Free Workplace (Financial Assistance)), part 85 (Governmentwide within institutions of higher education, Paper Applications Delivered By Mail: and (2) projects that propose 50 percent States or territories may request a paper Debarment and Suspension (Nonprocurement)), part 86 (Drug and or greater participation of K–12 version of the application (Form 1288 teachers, K–12 administrators, or both Alcohol Abuse Prevention), and part 99 OMB 1845–0028) by contacting Mr. in short-term projects abroad. The first (Family Educational Rights and Greg Gerrans, LEAP Program Manager, priority helps give pre-service teachers at (312) 730–1506 or by e-mail: Privacy). a deeper knowledge of languages and [email protected]. The form will be Electronic Access to This Document cultures from around the world. The mailed to you. A paper application sent second priority helps increase the study by mail must be addressed to: Mr. Greg You can view this document, as well abroad opportunities for in-service Gerrans, LEAP Program Manager, Grants as all other documents of this teachers, giving these individuals and Campus Based Programs Division, Department published in the Federal exposure to another country and its Business Operations, Federal Student Register, in text or Adobe Portable culture. Aid, U.S. Department of Education, 830 Document Format (PDF) on the Internet First Street, NE., room UCP–062E3, DATES: We must receive your comments at the following site: www.ed.gov/news/ Washington, DC 20202–5453. on or before June 14, 2010. fedregister. The Department of Education ADDRESSES: Address all comments about encourages applicants that are To use PDF you must have Adobe this notice to Michelle Guilfoil, U.S. completing a paper application to use Acrobat Reader, which is available free Department of Education, 1990 K Street, certified or at least first-class mail when at this site. NW., room 6098, Washington, DC sending the application by mail to the Note: The official version of this document 20006–8544. If you prefer to send your Department. The Department must is the document published in the Federal comments by e-mail, use the following receive paper applications that are Register. Free Internet access to the official address: [email protected]. mailed no later than May 25, 2010. edition of the Federal Register and the Code You must include the following Paper Applications Delivered By of Federal Regulations is available on GPO information in the subject line of your Hand: Paper applications that are hand- Access at: www.gpoaccess.gov/nara/ electronic message: ‘‘Priorities for delivered must be delivered to Mr. Greg index.html. Fulbright-Hays Group Projects Abroad Gerrans, LEAP Program Manager, Grants Program, International Education and Campus Based Division, Business Program Authority: 20 U.S.C. 1070c et seq. Programs Service.’’ Operations, Federal Student Aid, U.S. Dated: May 6, 2010. FOR FURTHER INFORMATION CONTACT: Department of Education, 830 First Michelle Guilfoil. Telephone: (202) William J. Taggart, Street, NE., room UCP–062E3, 502–7625 or by e-mail: Washington, DC 20002. Hand-delivered Chief Operating Officer, Federal Student Aid. [email protected]. applications will be accepted between [FR Doc. 2010–11354 Filed 5–12–10; 8:45 am] If you use a telecommunications 8:00 a.m. and 4:30 p.m. daily (Eastern BILLING CODE 4000–01–P device for the deaf (TDD), call the

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Federal Relay Service (FRS), toll free, at Projects Abroad (GPA) Program under with other departments and/or schools 1–800–877–8339. the authority of section 102(b)(6) of the focused on foreign language and/or area SUPPLEMENTARY INFORMATION: Mutual Educational and Cultural and international studies can improve Exchange Act of 1961 (Fulbright-Hays the capacity of these schools and/or Invitation to Comment Act), 22 U.S.C. 2452(b)(6). The departments of education to prepare We invite you to submit comments Presidentially appointed J. William future teachers with the skills required regarding this notice. To ensure that Fulbright Foreign Scholarship Board to teach students to understand other your comments have maximum effect in sets policies and procedures for peoples and cultures around the world. developing the notice of final priorities, administering the program and exercises Proposed priority one therefore would we urge you to identify clearly the final approval over the selection of promote the internationalization of specific proposed priority that each grantees. teacher education and would expand comment addresses. The objective of the GPA Program is the capabilities of participating teachers We invite you to assist us in the promotion, improvement, and to educate students who will work and complying with the specific development of modern foreign live in a world with an increased requirements of Executive Order 12866 languages and area studies at all levels exposure to diverse cultures and and its overall requirement of reducing of education. To help accomplish this languages. regulatory burden that might result from objective, the GPA Program provides Proposed Priority Two. Proposed these proposed priorities. Please let us opportunities for faculty, teachers, and priority two would promote the know of any further ways we could undergraduate and graduate students to internationalization of K–12 education reduce potential costs or increase conduct group projects overseas to do and would encourage the participation potential benefits while preserving the research and study in the fields of of K–12 teachers in group projects effective and efficient administration of modern foreign languages and area abroad that develop and improve K–12 the program. studies. foreign language and area studies. During and after the comment period, There are three types of short-term Although past projects funded under projects abroad in the GPA Program: (1) you may inspect all public comments this program have included groups Short-term seminar projects of four to about this notice in room 6154, 1990 K abroad that include K–12 teachers, K–12 six weeks in length designed to increase Street, NW., Washington, DC, between teachers have not always been the linguistic or cultural competency of the hours of 8:30 a.m. and 4:00 p.m., represented in those groups in U.S. students and educators by focusing Washington, DC time, Monday through substantial numbers. We believe that on a particular aspect of area study, Friday of each week except Federal internationalization of K–12 education such as the culture of an area or country holidays. can occur more readily when a mixed of study (34 CFR 664.11); (2) curriculum Assistance to Individuals With group of educators is comprised of a development projects of four to eight Disabilities in Reviewing the greater number of K–12 teachers so that weeks in length that provide Rulemaking Record: On request we will participants an opportunity to acquire the study abroad activities of the group provide an appropriate accommodation resource materials for curriculum support the development of curriculum or auxiliary aid to an individual with a development in modern foreign at the elementary and secondary levels. disability who needs assistance to language and area studies for use and Accordingly, proposed priority two review the comments or other dissemination in the United States (34 would support projects in which at least documents in the public rulemaking CFR 664.12); and (3) group research or 50 percent of the participants are K–12 record for this notice. If you want to study projects of three to twelve months teachers or administrators. schedule an appointment for this type of in duration designed to give participants Proposed Priority 1—Projects That accommodation or auxiliary aid, please the opportunity to undertake research or Provide Pre-Service Teachers With FOR contact the person listed under study in a foreign country (34 CFR Training or Courses in Foreign FURTHER INFORMATION CONTACT. 664.13).1 Languages and International Area Purpose of Program: The purpose of The types of priorities used in the Studies as Part of a Teacher Education the Fulbright-Hays Group Projects GPA Program are described in 34 CFR Curriculum Developed Through Abroad Program is to contribute to the 664.32. We are proposing these Collaboration Between Colleges or development and improvement of the priorities in addition to those listed in Departments of Education and Colleges study of modern foreign languages and that section. or Departments of Arts and Sciences area studies in the United States by Proposed Priority One. Many U.S. Within Institutions of Higher Education. providing opportunities for teachers, students, especially those in low- Applications that, through students, and faculty to study in foreign income and minority communities, collaborative efforts between one or countries. Projects may include short- graduate from high school without a more colleges or departments of term seminars, curriculum knowledge of other countries and their education and one or more colleges or development, or group research or cultures. There is evidence that greater departments of arts and sciences within study. exposure of teachers to other cultures a single institution of higher education Program Authority: 22 U.S.C. and foreign languages can help eradicate or within a consortium of higher 2452(b)(6). this situation. Schools and/or education institutions, propose short- Applicable Program Regulations: 34 departments of education have a role to term projects abroad that provide pre- CFR part 664. play in creating greater exposure since service teachers with training or courses Proposed Priorities: they are central to the preparation of in foreign languages and international This notice contains two proposed future teachers. Increased collaboration area studies as part of the teacher priorities. education curriculum. Background 1 In addition to the short-term projects abroad, Proposed Priority 2—Projects That which are addressed by these proposed priorities, Provide 50 Percent or Greater The GPA Program the GPA Program also awards grants for advanced overseas intensive language projects (34 CFR Participation of K–12 Teachers, or K–12 The U.S. Department of Education 664.14), which are not addressed by these proposed Administrators, or Both in Short-Term administers the Fulbright-Hays Group priorities. Projects Abroad.

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Applications that propose short-term In assessing the potential costs and DEPARTMENT OF EDUCATION projects abroad that develop and benefits—both quantitative and improve foreign language studies, area qualitative—of this proposed regulatory Office of Postsecondary Education: studies, or both at elementary and action, we have determined that the Overview Information: Developing secondary schools by including K–12 benefits of the proposed priorities Hispanic-Serving Institutions (HSI) teachers or K–12 administrators as at justify the costs. Program; Notice Inviting Applications least 50 percent of the project for New Awards for Fiscal Year (FY) We have also determined that this participants. 2010 Types of Priorities: regulatory action does not unduly When inviting applications for a interfere with State, local, and tribal Catalog of Federal Domestic Assistance (CFDA) Number: 84.031S. competition using one or more governments in the exercise of their priorities, we designate the type of each governmental functions. DATES: Applications Available: May 13, priority as absolute, competitive Intergovernmental Review: These 2010. preference, or invitational through a programs are subject to Executive Order Deadline for Transmittal of notice in the Federal Register. The 12372 and the regulations in 34 CFR Applications: June 14, 2010. effect of each type of priority follows: part 79. One of the objectives of the Deadline for Intergovernmental Absolute priority: Under an absolute Executive order is to foster an Review: August 11, 2010. priority, we consider only applications intergovernmental partnership and a Full Text of Announcement that meet the priority (34 CFR strengthened federalism. The Executive 75.105(c)(3)). order relies on processes developed by I. Funding Opportunity Description Competitive preference priority: State and local governments for Purpose of Program: The HSI Program Under a competitive preference priority, coordination and review of proposed provides grants to assist HSIs to expand we give competitive preference to an Federal financial assistance. educational opportunities for, and application by (1) awarding additional improve the academic attainment of, This document provides early points, depending on the extent to Hispanic students. The HSI Program notification of our specific plans and which the application meets the priority grants also enable HSIs to expand and actions for these programs. (34 CFR 75.105(c)(2)(i)); or (2) selecting enhance their academic offerings, an application that meets the priority Accessible Format: Individuals with program quality, and institutional over an application of comparable merit disabilities can obtain this document in stability. that does not meet the priority (34 CFR an accessible format (e.g., braille, large Priorities: Under this competition we 75.105(c)(2)(ii)). print, audiotape, or computer diskette) are particularly interested in Invitational priority: Under an on request to the program contact applications that address the following invitational priority, we are particularly person listed under FOR FURTHER priorities. interested in applications that meet the INFORMATION CONTACT. Invitational Priorities: For FY 2010, priority. However, we do not give an Electronic Access to This Document: these priorities are invitational application that meets the priority a priorities. Under 34 CFR 75.105(c)(1) we You can view this document, as well as preference over other applications (34 do not give an application that meets all other documents of this Department CFR 75.105(c)(1)). these invitational priorities a Final Priorities: published in the Federal Register, in competitive or absolute preference over We will announce the final priorities text or Adobe Portable Document other applications. in a notice in the Federal Register. We Format (PDF) on the Internet at the These priorities are: will determine the final priorities after following site: http://www.ed.gov/news/ Invitational Priority 1. considering responses to this notice and fedregister. To use PDF you must have Support activities that will improve other information available to the Adobe Acrobat Reader, which is the institution’s persistence and Department. This notice does not available free at this site. graduation rates. preclude us from proposing additional Note: The official version of this document Invitational Priority 2. priorities, requirements, definitions, or is the document published in the Federal Work with the appropriate State selection criteria, subject to meeting Register. Free Internet access to the official agencies to develop strategies for using applicable rulemaking requirements. edition of the Federal Register and the Code State longitudinal data systems to track Note: This notice does not solicit of Federal Regulations is available on GPO outcomes for students attending the applications. In any year in which we choose Access at: http://www.gpoaccess.gov/nara/ grantee institution, including the extent to use one or more of these priorities, we index.html. to which the students complete invite applications through a notice in the certificates, two-year degrees, and four- Federal Register. Delegation of Authority: The Secretary year degrees at other institutions. Executive Order 12866: This notice of of Education has delegated authority to Invitational Priority 3. proposed priorities has been reviewed Daniel T. Madzelan, Director, Develop academic programs to in accordance with Executive Order Forecasting and Policy Analysis for the improve completion rates or develop 12866. Under the terms of the order, we Office of Postsecondary Education, to innovative support programs that are have assessed the potential costs and perform the functions and duties of the designed to increase completion rates. benefits of this proposed regulatory Assistant Secretary for Postsecondary Invitational Priority 4. action. Education. Develop dual enrollment programs The potential costs associated with that facilitate the transition between Dated: May 7, 2010. this proposed regulatory action are high school and college or career those resulting from statutory Daniel T. Madzelan, pathways programs that integrate basic requirements and those we have Director, Forecasting and Policy Analysis. academic instruction with technical or determined as necessary for [FR Doc. 2010–11402 Filed 5–12–10; 8:45 am] professional occupational training to administering these programs effectively BILLING CODE 4000–01–P advance individuals, particularly adult and efficiently. learners, on a career path toward high-

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wage occupations in high-demand has determined to be a reliable authority Applicants may include these activities in industries. as to the quality of education or training their proposals. Program Authority: 20 U.S.C. 1101– offered; For this competition, the Notice 1101d; 1103–1103g. (2) Be legally authorized by the State Inviting Applications for Designation as Applicable Regulations: (a) The in which it is located to be a junior Eligible Institutions for FY 2010 was Education Department General college or to provide an educational published in the Federal Register on Administrative Regulations (EDGAR) in program for which it awards a December 7, 2009 (74 FR 64059) and the 34 CFR parts 74, 75, 77, 79, 82, 84, 85, bachelor’s degree; deadline for application was January 6, 86, 97, 98, and 99. (b) The regulations (3) Be designated as an ‘‘eligible 2010. Only institutions that submitted for this program in 34 CFR part 606. institution’’ by demonstrating that it: (A) the required application and received Has an enrollment of needy students as II. Award Information designation through that process are described in 34 CFR 606.3; and (B) has eligible to submit an application for this Type of Award: Discretionary grant. low average educational and general competition. Five-year Individual Development expenditures per full-time equivalent Grants and Five-year Cooperative (FTE) undergraduate student as Relationship Between HSI and Title III, Arrangement Development Grants will described in 34 CFR 606.4; and Part A Programs be awarded in FY 2010. Planning grants (4) Have an enrollment of Note 1: A grantee under the HSI Program, will not be awarded in FY 2010. undergraduate FTE students that is at Estimated Available Funds: which is authorized by Title V of the HEA, least 25 percent Hispanic students at the may not receive a grant under any HEA, Title $48,254,710. end of the award year immediately III, Part A Program. The Title III, Part A Contingent upon the availability of preceding the date of application. Programs include: the Strengthening funds and the quality of applications, The HSI eligibility requirements are Institutions Program; the American Indian we may make additional awards in FY in 34 CFR 606.2 through 606.5 and can Tribally Controlled Colleges and Universities 2011 from the list of unfunded be accessed from the following Web site: Program; the Alaska Native and Native applicants from this competition. http://www.access.gpo.gov/nara/cfr/ Hawaiian-Serving Institutions Programs; the Estimated Range of Awards: _ _ Asian American and Native American Pacific waisidx 01/34cfr606 01.html. Islander-Serving Institutions Program; and $537,000–$775,000. These regulations do not reflect the Estimate Average Size of Awards: the Native American-Serving Non-Tribal changes made to the HSI Program Institutions Program. Further, a current HSI Individual Development Grants: requirements by the Third Higher Program grantee may not give up its HSI $556,000. Cooperative Arrangement Education Extension Act of 2006 or the grant in order to receive a grant under any Development Grants: $743,000. HEOA. Title III, Part A Program. Maximum Awards: Individual Section 502(a) of the Higher Development Grants: $650,000. Note 2: An HSI that does not fall within Education Act of 1965, as amended the limitation described in Note 1 may apply Cooperative Arrangement Development (HEA), requires institutions applying for Grants: $775,000. We will not fund any for a FY 2010 grant under all Title III, Part an HSI grant to report their A Programs for which it is eligible, as well application at an amount exceeding undergraduate Hispanic FTE percentage as under the HSI Program. However, a these maximum amounts for a single at the end of the award year successful applicant may receive only one budget period of 12 months. We may immediately preceding the date of grant. choose not to further consider or review application. Funds for the HSI Program applications with budgets that exceed Note 3: An eligible HSI that submits more are awarded each fiscal year; thus, for than one application may only be awarded the maximum amounts specified, if we this program, the end of the award year conclude, during our initial review of one Individual Development Grant or one refers to the end of the fiscal year prior Cooperative Arrangement Development Grant the application, that the proposed goals to the application due date. The end of in a fiscal year. Furthermore, we will not and objectives cannot be obtained with the fiscal year occurs on September 30 award a second Individual Development the specified maximum amount. for any given year. Therefore, for Grant to an otherwise eligible HSI for the Estimated Number of Awards: purposes of making the determination same award year as the HSI’s existing Individual Development Grants: 48. Individual Development Grant as described described in paragraph (4), IHEs must in 34 CFR 606.9(3)(b)(1). Cooperative Arrangement Development report their undergraduate Hispanic Grants: 29. FTE percent based on the student Note 4: An eligible HSI that submits a Note: The Department is not bound by any enrollment count closest to, but not Cooperative Arrangement Development Grant estimates in this notice. Applicants should after, September 30, 2009. with a partnering branch campus that is a periodically check the HSI Program Web site part of the same institution will not be for further information. The address is: Note: The Higher Education Opportunity awarded a grant. http://www.ed.gov/programs/idueshsi/ Act of 2008 (HEOA) amended section 503(b) index.html. of the HEA to include, among the authorized Note 5: Applicants must provide, as an activities under the HSI Program, activities to attachment to the application, the Project Period: Up to 60 months. improve student services, including documentation that the IHE relied upon in III. Eligibility Information innovative and customized instruction determining that at least 25 percent of the courses designed to help retain students and IHE’s undergraduate FTE students are 1. Eligible Applicants: Institutions of move the students into core courses; Hispanic, as defined in section 502(a)(4) of higher education (IHEs) that qualify as articulation agreements and student support the HEA. The Department will cross- eligible HSIs are eligible to apply for programs designed to facilitate the transfer of reference for verification, data reported to the new Individual Development Grants students from 2-year to 4-year institutions; Department’s Integrated Postsecondary and Cooperative Arrangement and providing education, counseling Education Data System (IPEDS), the IHE’s Development Grants under the HSI services, and financial information designed State-reported enrollment data, and the to improve the financial and economic institutional annual report. If there are any Program. To be an eligible HSI, an IHE literacy of students or their families. The list differences in the percentages reported in must— of authorized activities in section 503(b) was IPEDS and the percentages reported in the (1) Be accredited or preaccredited by also amended to use the term ‘‘distance grant application, the IHE should explain the a nationally recognized accrediting education technologies’’ in place of ‘‘distance differences as a part of its eligibility agency or association that the Secretary learning academic instruction capabilities.’’ documentation.

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2. Cost Sharing or Matching: There are Roman or Arial Narrow) will not be Deadline for Intergovernmental no cost sharing or matching accepted. Review: August 11, 2010. requirements unless the grantee uses a The page limit does not apply to Part 4. Intergovernmental Review: This portion of its grant for establishing or I, the Application for Federal Assistance competition is subject to Executive improving an endowment fund. If a (SF 424); the Department of Education Order 12372 and the regulations in 34 grantee uses a portion of its grant for Supplemental Information form (SF CFR part 79. Information about endowment fund purposes, it must 424); Part II, Budget Information—Non- Intergovernmental Review of Federal match those grant funds with non- Construction Programs (ED 524); Part Programs under Executive Order 12372 Federal funds. (20 U.S.C. 1101b(c)(2)). IV, the assurances and certifications; or is in the application package for this the one-page project abstract, program competition. IV. Application and Submission activity budget detail form and 5. Funding Restrictions: We reference Information supporting narrative, and the five-year regulations outlining funding 1. Address to Request Application plan. However, the page limit does restrictions in the Applicable Package: Carnisia M. Proctor, U.S. apply to all of the application narrative Regulations section of this notice. Department of Education, 1990 K Street, section (Part III), including the budget 6. Other Submission Requirements: NW., Room 6060, Washington, DC narrative of the selection criteria. If you Applications for grants under this 20006–8513. Telephone: (202) 502–7606 include any attachments or appendices competition must be submitted or by e-mail: [email protected]. not specifically requested in the electronically unless you qualify for an If you use a telecommunications application package, these items will be exception to this requirement in device for the deaf (TDD), call the counted as part of your application accordance with the instructions in this Federal Relay Service (FRS), toll free, at narrative (Part III) for purposes of the section. 1–800–877–8339. page limit requirement. You must a. Electronic Submission of Individuals with disabilities can include your complete response to the Applications. obtain a copy of the application package selection criteria in the application Applications for grants under the HSI in an accessible format (e.g., braille, narrative. Program CFDA Number 84.031S must large print, audiotape, or computer be submitted electronically using e- diskette) by contacting the program Note: The narrative response to the budget Application, accessible through the contact person listed in this section. selection criteria is not the same as the Department’s e-Grants Web site at: activity detail budget form and supporting 2. Content and Form of Application narrative. The supporting narrative for the http://e-grants.ed.gov. Submission: Requirements concerning activity detail budget form details the We will reject your application if you the content of an application, together requested budget items line by line. submit it in paper format unless, as with the forms you must submit, are in described elsewhere in this section, you the application package for this We will reject your application if you qualify for one of the exceptions to the program. exceed the page limit. electronic submission requirement and Page Limits: The application narrative 3. Submission Dates and Times: submit, no later than two weeks before (Part III of the application) is where you, Applications Available: May 13, 2010. the application deadline date, a written the applicant, address the selection Deadline for Transmittal of statement to the Department that you criteria that reviewers use to evaluate Applications: June 14, 2010. qualify for one of these exceptions. your application. We have established Applications for grants under this Further information regarding mandatory page limits for both the program must be submitted calculation of the date that is two weeks Individual Development Grant and the electronically using the Electronic Grant before the application deadline date is Cooperative Arrangement Development Application System (e-Application) provided later in this section under Grant applications. You must limit the accessible through the Department’s e- Exception to Electronic Submission section of the narrative that addresses Grants site. For information (including Requirement. the selection criteria to no more than 50 dates and times) about how to submit While completing your electronic pages for the Individual Development your application electronically, or in application, you will be entering data Grant application and 70 pages for the paper format by mail or hand delivery online that will be saved into a Cooperative Arrangement Development if you qualify for an exception to the database. You may not e-mail an Grant application, using the following electronic submission requirement, electronic copy of a grant application to standards: please refer to section IV. 6. us. • A ‘‘page’’ is 8.5″ x 11″, on one side Other Submission Requirements of Please note the following: only, with 1″ margins at the top, bottom, this notice. • You must complete the electronic and both sides. We do not consider an application submission of your grant application by • Double space (no more than three that does not comply with the deadline 4:30:00 p.m., Washington, DC time, on lines per vertical inch) all text in the requirements. the application deadline date. application narrative, except titles, Individuals with disabilities who E-Application will not accept an headings, footnotes, quotations, need an accommodation or auxiliary aid application for this program after references, captions and all text in in connection with the application 4:30:00 p.m., Washington, DC time, on charts, tables, and graphs. These items process should contact the person listed the application deadline date. may be single-spaced. Charts, tables, under FOR FURTHER INFORMATION Therefore, we strongly recommend that figures, and graphs in the application CONTACT in section VII of this notice. If you do not wait until the application narrative count toward the page limit. the Department provides an deadline date to begin the application • Use a font that is either 12 point or accommodation or auxiliary aid to an process. larger or no smaller than 10 pitch individual with a disability in • The hours of operation of the e- (characters per inch). connection with the application Grants Web site are 6:00 a.m. Monday • Use one of the following fonts: process, the individual’s application until 7:00 p.m. Wednesday; and 6:00 Times New Roman, Courier, Courier remains subject to all other a.m. Thursday until 8:00 p.m. Sunday, New, or Arial. An application submitted requirements and limitations in this Washington, DC time. Please note that, in any other font (including Times notice. because of maintenance, the system is

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unavailable between 8:00 p.m. on application electronically, by mail, or by NW., Room 6060, Washington, DC Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this 20006–8513. FAX: (202) 502–7861. between 7:00 p.m. on Wednesdays and extension if— Your paper application must be 6:00 a.m. on Thursdays, Washington, (1) You are a registered user of e- submitted in accordance with the mail DC time. Any modifications to these Application and you have initiated an or hand delivery instructions described hours are posted on the e-Grants Web electronic application for this in this notice. site. competition; and b. Submission of Paper Applications • You will not receive additional (2)(a) E-Application is unavailable for by Mail. point value because you submit your 60 minutes or more between the hours If you qualify for an exception to the application in electronic format, nor of 8:30 a.m. and 3:30 p.m., Washington, electronic submission requirement, you will we penalize you if you qualify for DC time, on the application deadline may mail (through the U.S. Postal an exception to the electronic date; or Service or a commercial carrier) your submission requirement, as described (b) E-Application is unavailable for application to the Department. You elsewhere in this section, and submit any period of time between 3:30 p.m. must mail the original and two copies your application in paper format. and 4:30:00 p.m., Washington, DC time, of your application, on or before the • You must submit all documents on the application deadline date. application deadline date, to the electronically, including all information We must acknowledge and confirm Department at the following address: you typically provide on the following these periods of unavailability before U.S. Department of Education, forms: the Application for Federal granting you an extension. To request Application Control Center, Attention: Assistance (SF 424), the Department of this extension or to confirm our (CFDA Number 84.031S), LBJ Basement Education Supplemental Information acknowledgment of any system Level 1, 400 Maryland Avenue, SW., form SF 424, Budget Information—Non- unavailability, you may contact either Washington, DC 20202–4260. Construction Programs (ED 524), and all (1) the person listed elsewhere in this You must show proof of mailing necessary assurances and certifications. notice under FOR FURTHER INFORMATION consisting of one of the following: You must attach any narrative sections CONTACT (see VII. Agency Contact) or (2) (1) A legibly dated U.S. Postal Service of your application as files in a .DOC the e-Grants help desk at 1–888–336– postmark. (document), .RTF (rich text), or .PDF 8930. If e-Application is unavailable (2) A legible mail receipt with the (Portable Document) format. If you due to technical problems with the date of mailing stamped by the U.S. upload a file type other than the three system and, therefore, the application Postal Service. file types specified in this paragraph or deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or submit a password protected file, we sent to all registered users who have receipt from a commercial carrier. will not review that material. initiated an e-Application. Extensions (4) Any other proof of mailing • Your electronic application must referred to in this section apply only to acceptable to the Secretary of the U.S. comply with any page limit the unavailability of e-Application. Department of Education. requirements described in this notice. If you mail your application through • Exception to Electronic Submission Prior to submitting your electronic Requirement: You qualify for an the U.S. Postal Service, we do not application, you may wish to print a exception to the electronic submission accept either of the following as proof copy of it for your records. requirement, and may submit your of mailing: • After you electronically submit application in paper format, if you are (1) A private metered postmark. your application, you will receive an unable to submit an application through (2) A mail receipt that is not dated by automatic acknowledgment that will e-Application because— the U.S. Postal Service. include a PR/Award number (an • You do not have access to the If your application is postmarked after identifying number unique to your Internet; or the application deadline date, we will application). • not consider your application. • Within three working days after You do not have the capacity to submitting your electronic application, upload large documents to Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before fax a signed copy of the SF 424 to the e-Application; and • No later than two weeks before the relying on this method, you should check Application Control Center after with your local post office. following these steps: application deadline date (14 calendar (1) Print SF 424 from e-Application. days or, if the fourteenth calendar day c. Submission of Paper Applications (2) The applicant’s Authorizing before the application deadline date by Hand Delivery. Representative must sign this form. falls on a Federal holiday, the next If you qualify for an exception to the (3) Place the PR/Award number in the business day following the Federal electronic submission requirement, you upper right hand corner of the hard- holiday), you mail or fax a written (or a courier service) may deliver your copy signature page of the SF 424. statement to the Department, explaining paper application to the Department by (4) Fax the signed SF 424 to the which of the two grounds for an hand. You must deliver the original and Application Control Center at (202) exception prevents you from using the two copies of your application, by hand, 245–6272. Internet to submit your application. If on or before the application deadline • We may request that you provide us you mail your written statement to the date, to the Department at the following original signatures on other forms at a Department, it must be postmarked no address: U.S. Department of Education, later date. later than two weeks before the Application Control Center, Attention: Application Deadline Date Extension application deadline date. If you fax (CFDA Number 84.031S), 550 12th in Case of e-Application Unavailability: your written statement to the Street, SW., Room 7041, Potomac Center If you are prevented from electronically Department, we must receive the faxed Plaza, Washington, DC 20202–4260. submitting your application on the statement no later than two weeks The Application Control Center application deadline date because e- before the application deadline date. accepts hand deliveries daily between Application is unavailable, we will Address and mail or fax your 8:00 a.m. and 4:30:00 p.m., Washington, grant you an extension of one business statement to: Carnisia M. Proctor, U.S. DC time, except Saturdays, Sundays, day to enable you to transmit your Department of Education, 1990 K Street, and Federal holidays.

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Note for Mail or Hand Delivery of Paper addressed the statutory priority found in students who were in their first year of Applications: If you mail or hand deliver section 521(d) of the HEA, as amended; postsecondary enrollment in the your application to the Department— and (b) for Cooperative Arrangement previous year and are enrolled in the (1) You must indicate on the envelope Development Grants, to applicants in current year at the same four-year and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, accordance with section 524(b) of the Hispanic-serving institution. including suffix letter, if any, of the HEA, under which the Secretary 4. The percentage of first-time, full- competition under which you are submitting determines that the cooperative time degree-seeking undergraduate your application; and arrangement is geographically and students who were in their first year of postsecondary enrollment in the (2) The Application Control Center will economically sound or will benefit the mail to you a notification of receipt of your applicant HSI. previous year and are enrolled in the grant application. If you do not receive this If a tie still remains after applying the current year at the same two-year grant notification within 15 business days additional point(s), and the relevant Hispanic-serving institution. from the application deadline date, you statutory priority, we will determine the 5. The percentage of first-time, full- should call the U.S. Department of Education ranking of applicants based on the time degree-seeking undergraduate Application Control Center at (202) 245– lowest endowment values per FTE students enrolled at four-year HSIs 6288. enrolled student. graduating within six years of V. Application Review Information enrollment. VI. Award Administration Information 6. The percentage of first-time, full- 1. Selection Criteria: The selection 1. Award Notices: If your application time degree-seeking undergraduate criteria for this program are in 34 CFR is successful, we notify your U.S. students enrolled at two-year HSIs 606.22. In addition to these selection Representative and U.S. Senators and graduating within three years of criteria, we evaluate an applicant’s send you a Grant Award Notification enrollment. performance under a previous (GAN). We may notify you informally, 7. Federal cost per undergraduate and development grant under 34 CFR also. graduate degree at institutions in the 606.24. If your application is not evaluated or HSI Program. 2. Review and Selection Process: not selected for funding, we notify you. VII. Agency Contact Additional factors we consider in 2. Administrative and National Policy selecting an application for an award are Requirements: We identify FOR FURTHER INFORMATION CONTACT: as follows: administrative and national policy Carnisia M. Proctor, U.S. Department of (A) Applicants must provide, as an requirements in the application package Education, 1990 K Street, NW., Room attachment to the application, the and reference these and other 6060, Washington, DC 20006–8513. documentation the IHE relied upon in requirements in the Applicable Telephone: (202) 502–7606 or by e-mail: determining that at least 25 percent of Regulations section of this notice. [email protected]. the IHE’s undergraduate FTE students We reference the regulations outlining If you use TDD, call the FRS, toll free, are Hispanic. the terms and conditions of an award in at 1–800–877–8339. the Applicable Regulations section of Note: The 25 percent requirement applies VIII. Other Information only to undergraduate Hispanic students and this notice and include these and other is calculated based upon FTE students as specific conditions in the GAN. The Accessible Format: Individuals with defined in Section 502(a)(4) of the HEA. GAN also incorporates your approved disabilities can obtain this document Instructions for formatting and submitting application as part of your binding and a copy of the application package in the verification documentation to e- commitments under the grant. an accessible format (e.g., braille, large Application are in the application package 3. Reporting: At the end of your print, audiotape, or computer diskette) for this competition. project period, you must submit a final on request to the program contact (B) Tiebreaker for Development performance report, including financial person listed under FOR FURTHER Grants. In tie-breaking situations for information, as directed by the INFORMATION CONTACT in section VII of development grants described in 34 CFR Secretary. If you receive a multi-year this notice. 606.23(b), the HSI Program regulations award, you must submit an annual Electronic Access to this Document: require that we award one additional performance report that provides the You can view this document, as well as point to an application from an IHE that most current performance and financial all other documents of this Department has an endowment fund of which the expenditure information as directed by published in the Federal Register, in current market value, per FTE enrolled the Secretary under 34 CFR 75.118, 34 text or Adobe Portable Document student, is less than the average current CFR 75.720, and 34 CFR 606.31. Format (PDF) on the Internet at the market value of the endowment funds, 4. Performance Measures: The following site: http://www.ed.gov/news/ per FTE enrolled student, at comparable Secretary has established the following fedregister. To use PDF you must have institutions that offer similar key performance measures for assessing Adobe Acrobat Reader, which is instruction. We also award one the effectiveness of the HSI Program: available free at this site. additional point to an application from 1. The percentage change, over the Note: The official version of this document an IHE that had expenditures for library five-year grant period, of the number of is the document published in the Federal materials per FTE enrolled student that full-time degree-seeking undergraduate Register. Free Internet access to the official are less than the average expenditures students enrolled at HSIs. edition of the Federal Register and the Code for library materials per FTE enrolled 2. The percentage of first-time, full- of Federal Regulations is available on GPO student at comparable institutions that time degree-seeking undergraduate Access at: http://www.gpoaccess.gov/nara/ offer similar instruction. students who were in their first year of index.html. For the purpose of these funding postsecondary enrollment in the Delegation of Authority: The Secretary considerations, we use 2007–2008 data. previous year and are enrolled in the of Education has delegated authority to If a tie remains after applying the current year at the same Hispanic- Daniel T. Madzelan, Director, tiebreaker mechanism above, priority serving institution. Forecasting and Policy Analysis for the will be given (a) for Individual 3. The percentage of first-time, full- Office of Postsecondary Education, to Development Grants, to applicants that time degree-seeking undergraduate perform the functions and duties of the

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Assistant Secretary for Postsecondary FY 2005–2009 (Plan). The Plan, which sufficiency of individuals with Education. was published in the Federal Register disabilities, especially individuals with Dated: May 7, 2010. on February 15, 2006 (71 FR 8165), can the most severe disabilities, and to be accessed on the Internet at the Daniel T. Madzelan, improve the effectiveness of services following site: http://www.ed.gov/ authorized under the Rehabilitation Act Director, Forecasting and Policy Analysis. about/offices/list/osers/nidrr/ of 1973, as amended. [FR Doc. 2010–11403 Filed 5–12–10; 8:45 am] policy.html. BILLING CODE 4000–01–P Through the implementation of the RRTC Program Plan, NIDRR seeks to: (1) Improve the The purpose of the RRTC program is quality and utility of disability and to improve the effectiveness of services DEPARTMENT OF EDUCATION rehabilitation research; (2) foster an authorized under the Rehabilitation Act exchange of expertise, information, and National Institute on Disability and through advanced research, training, training to facilitate the advancement of Rehabilitation Research (NIDRR)— technical assistance, and dissemination knowledge and understanding of the Disability and Rehabilitation Research activities in general problem areas, as unique needs of traditionally Projects and Centers Program— specified by NIDRR. Such activities are underserved populations; (3) determine Rehabilitation Research and Training designed to benefit rehabilitation best strategies and programs to improve Centers (RRTCs)—Center on service providers, individuals with rehabilitation outcomes for underserved Employment Policy and Measurement disabilities, and the family members or populations; (4) identify research gaps; other authorized representatives of Catalog of Federal Domestic Assistance (5) identify mechanisms of integrating individuals with disabilities. In (CFDA) Number: 84.133B–4. research and practice; and (6) addition, NIDRR intends to require all AGENCY: Office of Special Education and disseminate findings. RRTC applicants to meet the Rehabilitative Services, Department of Invitation To Comment: We invite requirements of the General Education. you to submit comments regarding this Rehabilitation Research and Training notice. ACTION: Notice of proposed priority. Centers (RRTC) Requirements priority We invite you to assist us in that it published in a notice of final SUMMARY: The Assistant Secretary for complying with the specific priorities in the Federal Register on Special Education and Rehabilitative requirements of Executive Order 12866 February 1, 2008 (73 FR 6132). Services proposes a priority for the and its overall requirement of reducing Additional information on the RRTC Disability and Rehabilitation Research regulatory burden that might result from program can be found at: http:// Projects and Centers Program this proposed priority. Please let us www.ed.gov/rschstat/research/pubs/res- know of any further ways we could administered by NIDRR. Specifically, program.html#RRTC. this notice proposes a priority for an reduce potential costs or increase RRTC on Employment Policy and potential benefits while preserving the Statutory and Regulatory Requirements Measurement. The Assistant Secretary effective and efficient administration of of RRTCs may use this priority for competitions in the program. RRTCs must— During and after the comment period, fiscal year (FY) 2010 and later years. We • Carry out coordinated advanced take this action to focus research you may inspect all public comments about this notice in room 5142, 550 12th programs of rehabilitation research; attention on areas of national need. We • Provide training, including intend this priority to improve Street, SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4:00 graduate, pre-service, and in-service rehabilitation services and outcomes for training, to help rehabilitation individuals with disabilities. p.m., Washington, DC time, Monday through Friday of each week except personnel more effectively provide DATES: We must receive your comments Federal holidays. rehabilitation services to individuals on or before June 14, 2010. Assistance to Individuals With with disabilities; • ADDRESSES: Address all comments about Disabilities in Reviewing the Provide technical assistance to this notice to Marlene Spencer, U.S. Rulemaking Record: On request we will individuals with disabilities, their Department of Education, 400 Maryland provide an appropriate accommodation representatives, providers, and other Avenue, SW., Room 5133, Potomac or auxiliary aid to an individual with a interested parties; • Center Plaza (PCP), Washington, DC disability who needs assistance to Disseminate informational materials 20202–2700. review the comments or other to individuals with disabilities, their If you prefer to send your comments documents in the public rulemaking representatives, providers, and other by e-mail, use the following address: record for this notice. If you want to interested parties; and [email protected]. You must schedule an appointment for this type of • Serve as centers of national include the term ‘‘Proposed Priority for accommodation or auxiliary aid, please excellence in rehabilitation research for a Center on Employment Policy and contact the person listed under FOR individuals with disabilities, their Measurement’’ in the subject line of your FURTHER INFORMATION CONTACT. representatives, providers, and other electronic message. Purpose of Program: The purpose of interested parties. FOR FURTHER INFORMATION CONTACT: the Disability and Rehabilitation Applicants for RRTC grants must Marlene Spencer. Telephone: (202) 245– Research Project and Centers Program is demonstrate in their applications how 7532 or by e-mail: to plan and conduct research, they will address, in whole or in part, [email protected]. demonstration projects, training, and the needs of individuals from minority If you use a telecommunications related activities, including backgrounds. device for the deaf (TDD), call the international activities, to develop Program Authority: 29 U.S.C. 762(g) Federal Relay Service (FRS), toll free, at methods, procedures and rehabilitation and 764(b)(2). 1–800–877–8339. technology that maximize the full Applicable Program Regulations: 34 SUPPLEMENTARY INFORMATION: This inclusion and integration into society, CFR part 350. notice of proposed priority is in concert employment, independent living, family Proposed Priority: This notice with NIDRR’s Final Long-Range Plan for support, and economic and social self- contains one proposed priority.

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Center on Employment Policy and disabilities’’ (U.S. Government However, across the datasets there is Measurement Accountability Office, 2005). Although variation in how specific components of Background: Despite the enactment of many agencies evaluate their own employment outcomes are measured. legislation and the implementation of a programs, NIDRR’s unique mission Improved methods of linking data variety of policy and program efforts at allows it to examine interactions among across these data sets would allow for the Federal and State levels to improve government programs and the collective more and better comparisons of employment outcomes for individuals impact of government policies and employment-related outcome data such with disabilities during the past 20 programs upon employment outcomes as wages and earnings, benefits, quality years, the rate of employment for among individuals with disabilities. of employment, and job stability. individuals with disabilities remains As policies emerge and evolve, there Further research using these datasets, as substantially lower than the rate for is a need for continued research on the well as research using State surveys and those without disabilities. In December impact of government policies and agency data sources such as the 2009, only 18.6 percent of persons with programs as they shape the environment Rehabilitation Services Administration a disability were employed, compared in which individuals with disabilities Case Service Report (RSA–911) will lead to 63.3 percent of persons with no attempt to enter and stay in the to a more comprehensive understanding disability. (U.S. Department of Labor, workforce. This research would provide of the problems in measuring 2009). This discrepancy in employment information to guide policymakers and employment outcomes for individuals rates exists across all sociodemographic other stakeholders, including with disabilities. This research can also groups. Additionally, the median individuals with disabilities and their inform the development of more earnings for individuals with advocates, as they work to develop and effective means to evaluate the disabilities who are employed are less implement policies that will lead to Vocational Rehabilitation State Grants than $18,000 per year as compared to positive employment outcomes. Program, the Ticket to Work Program, NIDRR is also interested in $28,000 per year earned by individuals and other Federal programs designed to conducting research to support further without disabilities (Steinmetz, 2006; improve employment rates and other development of useful measures that U.S. Census Bureau, 2006). employment outcomes for individuals Research conducted by NIDRR will improve understanding of and with disabilities. grantees and others has shown that communication regarding employment References: Federal and State government policies outcomes. Inconsistent measurement in Fraser, R., Vandergoot, D., Thomas, D., & are critical factors that influence the employment research creates Wagner, C. (2004). Employment outcomes employment status of individuals with uncertainty about the validity of data on research in vocational rehabilitation: disabilities. For instance, programs such outcomes such as job retention, hours Implications for Rehabilitation Counselor worked, wage rate and benefits, and (RC) training. Journal of Vocational as Social Security Disability Insurance Rehabilitation, 20, 135–142. (SSDI) and Supplemental Security opportunities for advancement (Loprest, 2007; Silverstein, Julnes, & Nolan, 2005; Goodman, N. & Waidmann, T. (2003). Income (SSI) have a significant impact ‘‘Social Security Disability Insurance and the Interagency Committee on Disability on employment rates for individuals recent decline in the employment rate of with disabilities (Fraser et al., 2004; Research, 2007; Hotchkiss, 2004). The people with disabilities.’’ In Stapleton & Goodman & Waidmann, 2003). SSDI and use of common measures and metrics Burkhauser (Eds.), The Decline in SSI recipients with disabilities are less will enhance our ability to monitor the Employment of People with Disabilities: A effectiveness of policies and programs Policy Puzzle. Kalamazoo, MI: W.E. Upjohn likely to achieve gainful employment Institute for Employment Research, pp. 339– than individuals with disabilities who intended to improve employment outcomes for individuals with 368. do not receive these benefits (Goodman Hotchkiss, J.L. (2004). Growing part-time & Waidmann, 2003). disabilities. We have reached a critical point in employment among workers with The fear of losing eligibility for public disabilities: Marginalization or opportunity? health insurance is frequently identified our ability to understand relationships Federal Reserve Bank of Atlanta Economic as a major reason that people with between functional status, health status, Review, Third Quarter 2004, pp. 25–40. disabilities work only limited hours or access to support services and health Interagency Committee on Disability do not seek employment (Livermore & care, and employment outcomes. This is Research. (2007). Employer perspectives on workers with disabilities: A national summit Goodman, 2009; Stapleton, O’Day, because, for the first time in our history, three national datasets–-the American to develop a research agenda. Washington, Livermore, & Imparato, 2006). Medicaid DC: U.S. Department of Labor. Buy-In programs may allow some Community Survey, the Current Population Survey, and the National Livermore, G. & Goodman, N. (2009). A individuals to maintain both 1 Review of Recent Evaluation Efforts employment and adequate insurance Health Interview Survey —will include Associated with Programs and Policies coverage. While some studies indicate the same seven questions to identify Designed to Promote the Employment of that Medicaid Buy-In enrollees increase most people with disabilities. Adults with Disabilities. Ithaca, NY: Each of these datasets includes a their average earnings after enrollment, Rehabilitation Research and Training Center wealth of additional information that on Employment Policy for Persons with there are not yet rigorous data that link can further our understanding of the Disabilities. See http:// participation in these Medicaid complex factors that facilitate or hinder digitalcommons.ilr.cornell.edu/edicollect/ programs to an increase in employment successful employment outcomes. 1262. (Livermore & Goodman, 2009). Loprest, P. (2007). Strategic Assessment of the State of the Science in Research on Despite many efforts to better 1 The U.S. Census Bureau conducts data Employment for Individuals with coordinate these and other Federal collection for all three surveys. The agency programs that affect employment sponsors are— Disabilities. Final Report. Washington, DC: outcomes for individuals with 1. U.S. Department of Commerce, Census Bureau The Urban Institute. National Institute on disabilities, ‘‘[t]here is no Federal system (American Community Survey); Disability and Rehabilitation Research, U.S. Department of Education. for disability that coordinates the many 2. U.S. Department of Health and Human Services, Centers for Disease Control and Silverstein, R., Julnes, G. & Nolan, R. different disability programs and Prevention (National Health Interview Survey); and (2005). What policymakers need and must services, and no comprehensive lifetime 3. U.S. Department of Labor, Bureau of Labor demand from research regarding the picture of the needs of individuals with Statistics (Current Population Survey). employment rate of persons with disabilities.

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Behavioral Sciences and the Law, 23, 399– not limited to, the interaction between Medicare and Medicaid Services, and 448. income support programs, poverty, other agencies, as necessary, to ensure Stapleton, D., O’Day, B., Livermore, G., and disability, and employment success; the that the policy topics address the issues Imparato, A. (2006). Dismantling the Poverty of most concern across key agencies and Trap: Disability Policy for the 21st Century. interaction between requirements for Milbank Quarterly, 84(4), 701–732. the VR State Grants and Ticket to Work to guide development of the measures’ Steinmetz, E. (2006). Americans With programs; and the policy barriers to framework; Disabilities: 2002. Household Economic successful transition from youth to (2) Collaborate with appropriate Studies Current Population Reports (pp.70– adulthood for young people with NIDRR-funded grantees, including 107). Washington, DC: U.S. Census Bureau. disabilities; knowledge translation grantees and See http://www.census.gov/hhes/www/ (2) Assessing existing research grantees involved with employment disability/sipp/disable02.html. findings and other materials such as research; and U.S. Census Bureau. (2006). American agency documents or data to produce (3) Collaborate with relevant RSA Community Survey table B1802: Selected grantees and NIDRR-funded Disability Economic Characteristics for the Civilian timely policy briefs on emerging topics Noninstitutionalized Population By related to employment of individuals and Business Technical Assistance Disability Status. Washington, DC: U.S. with disabilities; and Centers. Census Bureau. See http:// (3) Identifying statistical methods that Types of Priorities: factfinder.census.gov/servlet/ can be used to interpret and compare When inviting applications for a STTable?_bm=y&- data from different programs and data competition using one or more _ _ _ _ _ qr name=ACS 2006 EST G00 S1802. sets that provide information on the priorities, we designate the type of each U.S. Department of Labor. (2009). Labor priority as absolute, competitive force statistics from the current population employment of individuals with disabilities. preference, or invitational through a survey. Washington, DC: Bureau of Labor notice in the Federal Register. The Statistics. U.S. Department of Labor. See (b) Improved capacity to measure the http://www.bls.gov/cps/cpsdisability.htm. employment outcomes of individuals effect of each type of priority follows: U.S. Government Accountability Office. with disabilities. The RRTC must Absolute priority: Under an absolute (2005). Federal Disability Assistance: Wide contribute to this outcome by— priority, we consider only applications Array of Programs Needs to be Examined in (1) Identifying or developing a that meet the priority (34 CFR Light of 21st Century Challenges. GAO–05– framework that includes common 75.105(c)(3)). 626. Washington, DC: U.S. Government measures and metrics that capture the Competitive preference priority: Accountability Office. See http:// different types of employment outcomes Under a competitive preference priority, www.gao.gov/new.items/d05626.pdf. for individuals with disabilities, we give competitive preference to an Proposed Priority: including wages, benefits, employment application by (1) awarding additional The Assistant Secretary for Special retention and re-entry, and points, depending on the extent to Education and Rehabilitative Services opportunities for advancement, and that which the application meets the priority proposes a priority for a Rehabilitation can be used to analyze and compare (34 CFR 75.105(c)(2)(i)); or (2) selecting Research and Training Center (RRTC) on data across different programs; and an application that meets the priority Employment Policy and Measurement. (2) Validating the new measures and over an application of comparable merit The RRTC must conduct research, metrics by collecting new data or that does not meet the priority (34 CFR knowledge translation, training, analyzing existing data to determine the 75.105(c)(2)(ii)). dissemination, and technical assistance properties of these measures and Invitational priority: Under an to advance the understanding of how metrics and their sensitivity to factors invitational priority, we are particularly government policies, and changes in that are hypothesized to affect interested in applications that meet the policies, affect employment outcomes of employment among people with priority. However, we do not give an individuals with disabilities and to disabilities. application that meets the priority a expand the capacity of government (c) Increased incorporation of research preference over other applications (34 agencies, other policy groups, and findings from the RRTC project into CFR 75.105(c)(1)). consumer organizations to produce practice or policy. The RRTC must Final Priority: We will announce the final priority in consistent data related to the contribute to this outcome by— employment of individuals with (1) Collaborating with stakeholder a notice in the Federal Register. We will disabilities. Under this priority, the groups to develop, evaluate, or determine the final priority after RRTC must contribute to the following implement strategies to increase considering responses to this notice and outcomes: utilization of research findings; other information available to the (a) Increased knowledge of (2) Conducting training and Department. This notice does not government policies and programs that dissemination activities to facilitate the preclude us from proposing additional affect employment outcomes for utilization of research findings by priorities, requirements, definitions, or individuals with disabilities. The RRTC employers, policymakers, and selection criteria, subject to meeting must contribute to this outcome by— individuals with disabilities; and applicable rulemaking requirements. (1) Conducting rigorous research on (3) Collaborating and sharing Note: This notice does not solicit the ways in which policies, changes in information with other agencies across applications. In any year in which we choose policies, and the interaction of policies the Federal Government through to use this priority, we invite applications such as those reflected in the Workforce mechanisms such as the Interagency through a notice in the Federal Register. Investment Act, including the Committee on Disability Research. Executive Order 12866: Under Vocational Rehabilitation (VR) State In addition, the RRTC must— Executive Order 12866, we have Grants program; the Social Security (1) Establish an Interagency Advisory assessed the potential costs and benefits Disability Insurance and Supplemental Group that includes, but is not limited of this proposed regulatory action and Security Income programs; health care to, representatives from the have determined that it is not initiatives; and other Federal or State Rehabilitation Services Administration ‘‘significant’’ under the terms of that programs affect employment rates for (RSA), the Office of Disability Executive order. individuals with disabilities. Examples Employment Policy, the Social Security Intergovernmental Review: This of such policy topics include, but are Administration, the Centers for program is not subject to Executive

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Order 12372 and the regulations in 34 ADDRESSES: Submit your comments, as EPA receives them and without CFR part 79. referencing docket ID number EPA–HQ– change, unless the comment contains Accessible Format: Individuals with OECA–2009–0526, to (1) EPA online copyrighted material, Confidential disabilities can obtain this document in using http://www.regulations.gov (our Business Information (CBI), or other an accessible format (e.g., braille, large preferred method), or by e-mail to information whose public disclosure is print, audiotape, or computer diskette) [email protected], or by mail to: EPA restricted by statute. For further on request by contacting the Grants and Docket Center (EPA/DC), Environmental information about the electronic docket, Contracts Services Team, U.S. Protection Agency, Enforcement and go to http://www.regulations.gov. Department of Education, 400 Maryland Compliance Docket and Information Title: NSPS for Incinerators Avenue, SW., room 5075, PCP, Center, mail code 28221T, 1200 (Renewal). Washington, DC 20202–2550. Pennsylvania Avenue, NW., ICR Numbers: EPA ICR Number Telephone: (202) 245–7363. If you use a Washington, DC 20460, and (2) OMB at: 1058.10, OMB Control Number 2060– TDD, call the FRS, toll-free, at 1–800– Office of Information and Regulatory 0040. 877–8339. Affairs, Office of Management and ICR Status: This ICR is scheduled to Electronic Access to This Document: Budget (OMB), Attention: Desk Officer expire on July 31, 2010. Under OMB You can view this document, as well as for EPA, 725 17th Street, NW., regulations, the Agency may continue to all other documents of this Department Washington, DC 20503. conduct or sponsor the collection of published in the Federal Register, in FOR FURTHER INFORMATION CONTACT: information while this submission is text or Adobe Portable Document Robert C. Marshall, Jr., Office of pending at OMB. An agency may not Format (PDF) on the Internet at the Compliance, Mail Code: 2223A, conduct or sponsor, and a person is not required to respond to, a collection of following site: http://www.ed.gov/news/ Environmental Protection Agency, 1200 information unless it displays a fedregister. To use PDF you must have Pennsylvania Avenue, NW., currently valid OMB control number. Adobe Acrobat Reader, which is Washington, DC 20460; telephone The OMB control numbers for EPA’s available free at this site. number (202) 564–7021; fax number: regulations in title 40 of the CFR, after (202) 564–0050; e-mail address: Note: The official version of this document appearing in the Federal Register when is the document published in the Federal [email protected]. Register. Free Internet access to the official approved, are listed in 40 CFR part 9, SUPPLEMENTARY INFORMATION: EPA has edition of the Federal Register and the Code and displayed either by publication in of Federal Regulations is available on GPO submitted the following ICR to OMB for the Federal Register or by other Access at: http://www.gpoaccess.gov/nara/ review and approval according to the appropriate means, such as on the index.html. procedures prescribed in 5 CFR 1320.12. related collection instrument or form, if On July 30, 2009 (74 FR 38005), EPA applicable. The display of OMB control Dated: May 6, 2010. sought comments on this ICR pursuant numbers in certain EPA regulations is Alexa Posny, to 5 CFR 1320.8(d). EPA received no consolidated in 40 CFR part 9. Assistant Secretary for Special Education and comments. Any additional comments on Abstract: This Information Collection Rehabilitative Services. this ICR should be submitted to EPA Request (ICR) renewal is being [FR Doc. 2010–11357 Filed 5–12–10; 8:45 am] and OMB within 30 days of this notice. submitted for the NSPS for Incinerators BILLING CODE 4000–01–P EPA has established a public docket (40 CFR part 60, subpart E), which were for this ICR under docket ID number promulgated on July 25, 1977. These EPA–HQ–OECA–2009–0526, which is standards apply to incinerators that ENVIRONMENTAL PROTECTION available for public viewing online at charge more than 45 metric tons per day AGENCY http://www.regulations.gov, in person (50 tons per day) of solid waste for the viewing at the Enforcement and purpose of reducing the volume of the [EPA–HQ–OECA–2009–0526; FRL–9151–1] Compliance Docket in the EPA Docket waste. Solid waste is defined as refuse Center (EPA/DC), EPA West, Room Agency Information Collection that is more than 50 percent municipal 3334, 1301 Constitution Avenue, NW., Activities; Submission to OMB for wastes. Washington, DC. The EPA Docket Owners and operators of incinerators Review and Approval; Comment Center Public Reading Room is open subject to NSPS must notify EPA of Request; NSPS for Incinerators from 8:30 a.m. to 4:30 p.m., Monday construction, reconstruction, (Renewal), EPA ICR Number 1058.10, through Friday, excluding legal anticipated and actual startup dates, and OMB Control Number 2060–0040 holidays. The telephone number for the results of performance tests. Records of AGENCY: Environmental Protection Reading Room is (202) 566–1744, and performance test results, shutdowns, Agency (EPA). the telephone number for the and malfunctions must be maintained. ACTION: Notice. Enforcement and Compliance Docket is These notifications, reports, and records (202) 566–1752. are essential in determining compliance; SUMMARY: In compliance with the Use EPA’s electronic docket and and are required, in general, of all Paperwork Reduction Act (44 U.S.C. comment system at http:// sources subject to NSPS. 3501 et seq.), this document announces www.regulations.gov, to submit or view Burden Statement: The annual public that an Information Collection Request public comments, access the index reporting and recordkeeping burden for (ICR) has been forwarded to the Office listing of the contents of the docket, and this collection of information is of Management and Budget (OMB) for to access those documents in the docket estimated to average 51 hours per review and approval. This is a request that are available electronically. Once in response. Burden means the total time, to renew an existing approved the system, select ‘‘docket search,’’ then effort, or financial resources expended collection. The ICR which is abstracted key in the docket ID number identified by persons to generate, maintain, retain, below describes the nature of the above. Please note that EPA’s policy is or disclose or provide information to or collection and the estimated burden and that public comments, whether for a Federal agency. This includes the cost. submitted electronically or in paper, time needed to review instructions; DATES: Additional comments may be will be made available for public develop, acquire, install, and utilize submitted on or before June 14, 2010. viewing at http://www.regulations.gov, technology and systems for the purposes

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of collecting, validating, and verifying PCB, and trash impairments pursuant to of polluted waters due to water quality information, processing and Clean Water Act Section 303(d)(1), and impacts associated with nutrients, maintaining information, and disclosing requests public comment. Section mercury, chlordane, DDT, PCBs and and providing information; adjust the 303(d)(1) requires that states submit trash. EPA will establish TMDLs for existing ways to comply with any water quality planning documents these lakes by March 2012 because of previously applicable instructions and called total maximum daily loads for deadlines under a consent decree (Heal requirements which have subsequently impaired waters for which existing the Bay Inc., et al. v. Browner C 98–4825 changed; train personnel to be able to technology-based pollution controls are SBA, entered March 24, 1999). respond to a collection of information; not stringent enough to attain or Dated: April 27, 2010. search data sources; complete and maintain state water quality standards. Alexis Strauss, review the collection of information; EPA must approve or disapprove the Director, Water Division, EPA Region IX. and transmit or otherwise disclose the State’s submitted TMDLs. information. EPA is providing the public the [FR Doc. 2010–11426 Filed 5–12–10; 8:45 am] Respondents/Affected Entities: opportunity to review the proposed BILLING CODE 6560–50–P Incinerators. TMDLs. EPA is establishing these Estimated Number of Respondents: TMDLs in lieu of California because of ENVIRONMENTAL PROTECTION 82. deadlines associated with the consent AGENCY Frequency of Response: Initially and decree described under SUPPLEMENTARY occasionally. INFORMATION. EPA will prepare a [FRL–9150–7; Docket ID No. EPA–HQ–ORD– Estimated Total Annual Hour Burden: responsiveness summary that 2010–0403] 8,393. demonstrates how public comments Estimated Total Annual Cost: were considered in the final TMDL Draft Toxicological Review of $998,858, which includes $793,858 in decisions. The responsiveness Hexachloroethane: In Support of the labor costs, no capital/startup costs, and document will be available along with Summary Information in the Integrated $205,000 in operation and maintenance the final TMDLs at EPA’s Region IX Risk Information System (IRIS) (O&M) costs. Web site below. AGENCY: Environmental Protection Changes in the Estimates: There are DATES: Comments must be submitted to Agency (EPA). no changes to the labor hours for the EPA on or before June 28, 2010. ACTION: Notice of Public Comment Respondents in this ICR as compared to ADDRESSES: Comments on the proposed Period and Listening Session. the previous ICR. This is due to two decisions should be sent to Valentina considerations: (1) The regulations have Cabrera Stagno, Water Division (WTR– SUMMARY: EPA is announcing a 60-day not changed over the past three years 2), U.S. Environmental Protection public comment period and a public and are not anticipated to change over Agency Region IX, 75 Hawthorne Street, listening session for the external review the next three years; and (2) the growth San Francisco, CA 94105, telephone draft document titled ‘‘Toxicological rate for the respondents is very low, (415) 972–3434, facsimile (415) 947– Review of Hexachloroethane: In Support negative or non-existent. 3537, e-mail cabrera- of Summary Information on the However, there is an increase in [email protected]. Oral Integrated Risk Information System respondent labor costs due to labor rate comments will not be considered. (IRIS)’’ (EPA/635/R–09/007). The draft increases from the year 2003 to the most Copies of the proposed TMDLs will be document was prepared by the National recent available labor rate data. available on EPA Region IX’s Web site Center for Environmental Assessment Dated: May 7, 2010. at http://www.epa.gov/region9/water/ (NCEA) within the EPA’s Office of John Moses, tmdl/progress.html or by writing or Research and Development (ORD). The Director, Collection Strategies Division. calling Valentina Cabrera Stagno. public comment period and the external [FR Doc. 2010–11427 Filed 5–12–10; 8:45 am] Underlying documentation comprising peer-review workshop, which will be scheduled at a later date and announced BILLING CODE 6560–50–P the record for these TMDLs is available for public inspection at the above in the Federal Register, are separate address. processes that provide opportunities for all interested parties to comment on the ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: AGENCY document. EPA intends to forward the Valentina Cabrera Stagno at (415) 972– public comments that are submitted in [FRL–9146–6] 3434 or cabrera- accordance with this notice to the [email protected]. external peer-review panel prior to the Clean Water Act Section 303(d): SUPPLEMENTARY INFORMATION: Section meeting for their consideration. When Availability of Los Angeles Area Lakes 303(d) of the Clean Water Act requires finalizing the draft document, EPA Total Maximum Daily Loads (TMDLs) states to identify water bodies that do intends to consider any public AGENCY: Environmental Protection not meet water quality standards and comments that EPA receives in Agency (EPA). then to establish TMDLs for each water accordance with this notice. ACTION: Notice of availability. body for each pollutant of concern. EPA is also announcing a listening TMDLs identify the maximum amount session to be held on June 16, 2010, SUMMARY: This action announces the of pollutants that can be discharged to during the public comment period for availability of EPA proposed total water bodies without causing violations this draft document. This listening maximum daily loads (TMDLs) for Echo of water quality standards. Echo Park session is a step in EPA’s revised IRIS Park Lake, Lincoln Park Lake, Peck Lake, Lincoln Park Lake, Peck Road process, announced on May 21, 2009, to Road Park Lake, Lake Calabasas, Lake Park Lake, Lake Calabasas, Lake develop human health assessments for Sherwood, Puddingstone Reservoir, Sherwood, Puddingstone Reservoir, inclusion in the IRIS database. The Legg Lakes, Santa Fe Dam Park and El Legg Lakes, Santa Fe Dam Park and El purpose of the listening session is to Dorado Park Lakes to address nutrient, Dorado Park Lakes are included on the allow all interested parties to present mercury, chlordane, dieldrin, DDT, State of California’s Section 303(d) list scientific and technical comments on

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draft IRIS health assessments to EPA public comment period closes will not activated at 8:45 am, and you will be and other interested parties during the be submitted to the external peer asked to identify yourself and your public comment period and before the reviewers. affiliation at the beginning of the call. Information on Services for external peer review meeting. EPA ADDRESSES: The draft ‘‘Toxicological welcomes the scientific and technical Review of Hexachloroethane: In Support Individuals with Disabilities: EPA comments that will be provided to the of Summary Information on the welcomes public attendance at the ‘‘ ’’ Agency by the listening session Integrated Risk Information System Hexachloroethane Listening Session participants. The comments will be (IRIS)’’ is available primarily via the and will make every effort to considered by the Agency as it revises Internet on the NCEA home page under accommodate persons with disabilities. the draft assessment in response to the the Recent Additions and Publications Questions regarding access or services independent external peer review and menus at http://www.epa.gov/ncea. A for individuals with disabilities should the public comments. All presentations limited number of paper copies are be directed to Versar, Inc. by mailing submitted to EPA according to the available from the Information Versar, Inc., 6850 Versar Center, instructions below will become part of Management Team, NCEA; telephone: Springfield, VA 22151; by e-mailing the official public record. 703–347–8561; facsimile: 703–347– [email protected] (subject line: EPA is releasing this draft document 8691. If you are requesting a paper copy, Hexachloroethane Listening Session); by solely for the purpose of pre- please provide your name, mailing calling (703) 750–3000, ext. 545, or toll dissemination peer review under address, and the document title. free at 1–800–2–VERSAR (1–800–283– applicable information quality Comments may be submitted 7727) (ask for Kathy Coon, the guidelines. This document has not been electronically via http:// Hexachloroethane Listening Session formally disseminated by EPA. It does www.regulations.gov, by mail, by Coordinator); or by faxing a registration not represent and should not be facsimile, or by hand delivery/courier. request to 703–642–6954. Please construed to represent any Agency Please follow the detailed instructions reference the Hexachloroethane policy or determination. as provided in the SUPPLEMENTARY Listening Session and include your DATES: The public comment period INFORMATION section of this notice. name, title, affiliation, full address and begins May 13, 2010, and ends July 12, The listening session on the draft contact information. 2010. Technical comments should be in hexachloroethane assessment will be FOR FURTHER INFORMATION CONTACT: For writing and must be received by EPA by held at the EPA offices at Two Potomac information on the public comment July 12, 2010. Yard (North Building), 7th Floor, Room period, contact the Office of The listening session on the draft IRIS 7100, 2733 South Crystal Drive, Environmental Information Docket; health assessment for hexachloroethane Arlington, Virginia 22202. To attend the telephone: 202–566–1752; facsimile: will be held on June 16, 2010, beginning listening session, register by June 9, 202–566–1753; or e-mail: at 9 a.m. and ending at 4 p.m., Eastern 2010, by e-mailing [email protected]. Daylight Time. If you want to make a [email protected] (subject line: For information on the public presentation at the listening session, Hexachloroethane Listening Session); by listening sessions, please contact you should register by June 9, 2010, calling 703–750–3000, ext. 545, or toll Christine Ross, IRIS Staff, National indicate that you wish to make oral free at 1–800–2–VERSAR (ask for Kathy Center for Environmental Assessment, comments at the session, and indicate Coon, the Hexachloroethane Listening (8601P), U.S. EPA, 1200 Pennsylvania the length of your presentation. When Session Coordinator); or by faxing a Avenue, NW., Washington, DC 20460; you register, please indicate if you will registration request to 703–642–6954. telephone: 703–347–8592; facsimile: need audio-visual aid (e.g., lap top Please reference the ‘‘Hexachloroethane 703–347–8689; or e-mail: computer and slide projector). In Listening Session’’ and include your [email protected]. general, each presentation should be no name, title, affiliation, full address and If you have questions about the more than 30 minutes. If, however, there contact information. document, please contact John Cowden, are more requests for presentations than Please note that to gain entrance to IRIS Staff, National Center for the allotted time allows, then the time this EPA building to attend the meeting, Environmental Assessment, 109 T.W. limit for each presentation will be attendees must have photo Alexander Dr., Research Triangle Park, adjusted. A copy of the agenda for the identification with them and must NC 27709; telephone: 919–541–3667; listening session will be available at the register at the guard’s desk in the lobby. facsimile: 919–541–2985; or e-mail: meeting. If no speakers have registered The guard will retain your photo [email protected]. by June 9, 2010, the listening session identification and will provide you with SUPPLEMENTARY INFORMATION: will be cancelled and EPA will notify a visitor’s badge. At the guard’s desk, those registered of the cancellation. attendees should give the name I. Information About IRIS Listening session participants who Christine Ross and the telephone EPA’s IRIS is a human health want EPA to share their comments with number, 703–347–8592, to the guard on assessment program that evaluates the external peer reviewers should also duty. The guard will contact Ms. Ross quantitative and qualitative risk submit written comments during the who will meet you in the reception area information on effects that may result public comment period using the to escort you to the meeting room. When from exposure to specific chemical detailed and established procedures you leave the building, please return substances found in the environment. described in the SUPPLEMENTARY your visitor’s badge to the guard and Through the IRIS Program, EPA INFORMATION section of this notice. you will receive your photo provides the highest quality science- Comments submitted to the docket prior identification. based human health assessments to to the end of the public comment period A teleconference line will also be support the Agency’s regulatory will be submitted to the external peer available for registered attendees/ activities. The IRIS database contains reviewers and considered by EPA in the speakers. The teleconference number is information for more than 540 chemical disposition of public comments. All 866–299–3188 and the access code is substances that can be used to support comments must be submitted to the 926–378–7897, followed by the pound the first two steps (hazard identification docket, but comments received after the sign (#). The teleconference line will be and dose-response evaluation) of the

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risk assessment process. When claimed to be Confidential Business Management and Budget (OMB) supported by available data, IRIS Information (CBI) or other information approval for the following public provides oral reference doses (RfDs) and whose disclosure is restricted by statute. information collection(s) pursuant to the inhalation reference concentrations Do not submit information that you Paperwork Reduction Act of 1995 (44 (RfCs) for chronic noncancer health consider to be CBI or otherwise U.S.C. 3501–3520). The FCC may not effects and cancer assessments. protected through http:// conduct or sponsor a collection of Combined with specific exposure www.regulations.gov or e-mail. The information unless it displays a information, government and private http://www.regulations.gov Web site is currently valid OMB control number, entities use IRIS to help characterize an ‘‘anonymous access’’ system, which and no person is required to respond to public health risks of chemical means EPA will not know your identity a collection of information unless it substances in a site-specific situation or contact information unless you displays a currently valid OMB control and thereby support risk management provide it in the body of your comment. number. decisions designed to protect public If you send an e-mail comment directly DATES: Persons wishing to comment on health. to EPA without going through http:// this information collection should II. How To Submit Technical Comments www.regulations.gov, your e-mail submit comments July 12, 2010. If you to the Docket at http:// address will be automatically captured anticipate that you will be submitting www.regulations.gov and included as part of the comment comments, but find it difficult to do so that is placed in the public docket and within the period of time allowed by Submit your comments, identified by made available on the Internet. If you this notice, you should advise the Docket ID No. EPA–HQ–ORD–2010– submit an electronic comment, EPA contact listed below as soon as possible. 0403 by one of the following methods: • recommends that you include your ADDRESSES: Direct all PRA comments to http://www.regulations.gov: Follow name and other contact information in Nicolas A. Fraser, Office of Management the on-line instructions for submitting the body of your comment and with any and Budget (OMB), via fax at 202–395– comments. • disk or CD–ROM you submit. If EPA 5167, or via the Internet at E-mail: [email protected]. _ _ • Fax: 202–566–1753. cannot read your comment due to Nicholas A. [email protected], and • Mail: Office of Environmental technical difficulties and cannot contact to [email protected], Federal Information (OEI) Docket (Mail Code: you for clarification, EPA may not be Communications Commission (FCC), 2822T), U.S. Environmental Protection able to consider your comment. Room 1–B441, 445 12th Street, SW., Agency, 1200 Pennsylvania Ave., NW., Electronic files should avoid the use of Washington, DC 20554. To submit your Washington, DC 20460. The phone special characters, any form of PRA comments by e-mail send them to: number is 202–566–1752. encryption, and be free of any defects or [email protected]. • Hand Delivery: The OEI Docket is viruses. For additional information FOR FURTHER INFORMATION CONTACT: For located in the EPA Headquarters Docket about EPA’s public docket visit the EPA additional information about the Center, EPA West Building, Room 3334, Docket Center homepage at http:// information collection contact Judith B. 1301 Constitution Ave., NW., www.epa.gov/epahome/dockets.htm. Herman, OMD, 202–418–0214 or e-mail Washington, DC. The EPA Docket Docket: All documents in the docket [email protected]. Center’s Public Reading Room is open are listed in the http:// SUPPLEMENTARY INFORMATION: from 8:30 a.m. to 4:30 p.m., Monday www.regulations.gov index. Although OMB Control Number: 3060–1136. through Friday, excluding legal listed in the index, some information is OMB Approval Date: 03/29/2010. holidays. The telephone number for the not publicly available, e.g., CBI or other OMB Expiration Date: 09/30/2010. Public Reading Room is 202–566–1744. information whose disclosure is Title: Spectrum Dashboard Customer Such deliveries are only accepted restricted by statute. Certain other Feedback. material, such as copyrighted material, Form No.: N/A. during the docket’s normal hours of Estimated Annual Burden: 22,000 operation, and special arrangements will be publicly available only in hard copy. Publicly available docket responses; .05 hours per response; 1,100 should be made for deliveries of boxed hours total per year. information. If you provide comments materials are available either electronically in http:// Obligation to Respond: Voluntary. by mail or hand delivery, please submit Nature and Extent of Confidentiality: www.regulations.gov or in hard copy at one unbound original with pages There is no need for confidentiality. numbered consecutively and three the OEI Docket in the EPA Headquarters Needs and Uses: The Commission copies of the comments. For Docket Center. sought and obtained emergency OMB attachments, provide an index, number Dated: April 20, 2010. approval for this new information pages consecutively with the comments, Rebecca Clark, collection on March 29, 2010. This and submit an unbound original and Acting Director, National Center for database of the frequency bands from three copies. Environmental Assessment. 225 MHz–3.7 GHz available for non- Instructions: Direct your comments to [FR Doc. 2010–11292 Filed 5–12–10; 8:45 am] federal uses, including nationwide Docket ID No. EPA–HQ–ORD–2010– BILLING CODE 6560–50–P broadband deployment. 0403. Please ensure that your comments The Commission will use the are submitted within the specified Spectrum Dashboard Customer comment period. Comments received FEDERAL COMMUNICATIONS Feedback database to obtain voluntary after the closing date will be marked COMMISSION feedback from the wide range of ‘‘late’’ and may only be considered if stakeholders who will use the Spectrum time permits. It is EPA’s policy to Public Information Collections Dashboard (e.g., individuals, licensees, include all comments it receives in the Approved by The Office of manufacturers, entrepreneurs, industry public docket without change and to Management and Budget (OMB) analysts, regulators, and policy makers). make the comments available online at In this regard, the Commission plans to http://www.regulations.gov, including May 7, 2010. keep the public engaged in an open and any personal information provided, SUMMARY: The Federal Communications transparent dialogue regarding the unless a comment includes information Commission has received Office of utility of the software.

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The Commission will use the ADDRESSES: Direct all PRA comments to comparable to urban rates nationwide information collected to help determine Nicholas A. Fraser, Office of and explain the basis for its conclusion, future improvements and enhancements Management and Budget, via fax at 202– as well as its proposed remedies if rates to the Spectrum Dashboard. 395–5167 or via the Internet at are not reasonably comparable. _ _ Federal Communications Commission. Nicholas A. [email protected] and The information is used to verify that the carriers have accounted for receipt Marlene H. Dortch, to the Federal Communications Commission via email to [email protected]. of federal support in its rates or Secretary. FOR FURTHER INFORMATION CONTACT: otherwise used the support for the [FR Doc. 2010–11468 Filed 5–12–10; 8:45 am] Judith B. Herman, Office of Managing ‘‘provision, maintenance, and upgrading BILLING CODE 6712–01–P Director, (202) 418–0214. For additional of facilities and services for which the information, contact Judith B. Herman, support is intended’’ in accordance with section 254(e) of the Act. Further, the FEDERAL COMMUNICATIONS OMD, 202–418–0214 or email Judith– [email protected]. information is used to show that rates in COMMISSION rural areas served by non–rural carriers SUPPLEMENTARY INFORMATION: Notice of Public Information are reasonably comparable to urban OMB Control Number: 3060–0894. rates nationwide. Collection(s) Being Reviewed by the Title: Sections 54.313 and 54.316, Federal Communications Commission Certification Letter Accounting for Federal Communications Commission. for Extension Under Delegated Receipt of Federal Support and Rate Marlene H. Dortch, Authority, Comments Requested Comparability Review and Certification. Secretary, Form No.: N/A. May 6, 2010. Office of the Secretary, Type of Review: Extension of a Office of Managing Director. SUMMARY: The Federal Communications currently approved collection. Commission, as part of its continuing Respondents: State, local or tribal [FR Doc. 2010–11422 Filed 5–13–10; 8:45 am] effort to reduce paperwork burden government. BILLING CODE 6712–01–S invites the general public and other Number of Respondents and Federal agencies to take this Responses: 52 respondents; 103 FEDERAL COMMUNICATIONS opportunity to comment on the responses. COMMISSION following information collection(s), as Estimated Time Per Response: 3 – 5 required by the Paperwork Reduction hours. Notice of Public Information Act (PRA) of 1995, 44 U.S.C. 3501 – Frequency of Response: On occasion Collection(s) Being Reviewed by the 3520. Comments are requested and annual reporting requirements. Federal Communications Commission concerning: (a) Whether the proposed Obligation to Respond: Required to for Extension Under Delegated collection of information is necessary obtain or retain benefits. Statutory Authority, Comments Requested for the proper performance of the authority for this information collection functions of the Commission, including is contained in 47 U.S.C. 254. May 6, 2010. whether the information shall have Total Annual Burden: 310 hours. SUMMARY: The Federal Communications practical utility; (b) the accuracy of the Total Annual Cost: N/A. Commission, as part of its continuing Commission’s burden estimate; (c) ways Privacy Act Impact Assessment: N/A. effort to reduce paperwork burden to enhance the quality, utility, and Nature and Extent of Confidentiality: invites the general public and other clarity of the information collected; (d) The Commission is not requesting that Federal agencies to take this ways to minimize the burden of the respondents submit confidential opportunity to comment on the collection of information on the information to the Commission. If the following information collection(s), as respondents, including the use of Commission does request applicants to required by the Paperwork Reduction automated collection techniques or submit information that the respondents Act (PRA) of 1995, 44 U.S.C. 3501 – other forms of information technology, believe is confidential, respondents may 3520. Comments are requested and (e) ways to further reduce the request confidential treatment of such concerning: (a) whether the proposed information collection burden for small information under 47 CFR 0.459 of the collection of information is necessary business concerns with fewer than 25 Commission’s rules. for the proper performance of the employees. Needs and Uses: The Commission functions of the Commission, including will submit this expiring information The FCC may not conduct or sponsor whether the information shall have collection to the Office of Management a collection of information unless it practical utility; (b) the accuracy of the and Budget (OMB) after this comment displays a currently valid control Commission’s burden estimate; (c) ways period to obtain the full three year number. No person shall be subject to to enhance the quality, utility, and clearance from them. There is no change any penalty for failing to comply with clarity of the information collected; (d) in the reporting requirements. There is a collection of information subject to the ways to minimize the burden of the no change in the Commission’s burden Paperwork Reduction Act (PRA) that collection of information on the estimates. does not display a currently valid OMB respondents, including the use of The Commission requires that each control number. automated collection techniques or state that desires non–rural carriers other forms of information technology, DATES: Written Paperwork Reduction within the state to receive federal high– and (e) ways to further reduce the Act (PRA) comments should be cost universal service support to certify information collection burden for small submitted on or before [July 12, 2010]. that all federal high–cost universal business concerns with fewer than 25 If you anticipate that you will be service support provided to such employees. submitting PRA comments, but find it carriers within the state will be used The FCC may not conduct or sponsor difficult to do so within the period of only for the intended purposes. The a collection of information unless it time allowed by this notice, you should Commission also requires states to displays a currently valid control advise the FCC contact listed below as certify that rates in rural areas served by number. No person shall be subject to soon as possible. non–rural carriers are reasonably any penalty for failing to comply with

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a collection of information subject to the Convention. This log is necessary to submission of its requests for renewal to Paperwork Reduction Act (PRA) that document the quality of service OMB for review. does not display a currently valid OMB provided by fixed stations, including DATES: Comments must be submitted on control number. the harmful interference, equipment or before June 14, 2010. DATES: Written Paperwork Reduction failure, and logging of distress and ADDRESSES: Interested parties are Act (PRA) comments should be safety calls where applicable. invited to submit written comments to submitted on or before July 12, 2010. If The information is used by FCC the FDIC by any of the following you anticipate that you will be personnel during inspections and methods: submitting PRA comments, but find it investigations to ensure that stations are • http://www.FDIC.gov/regulations/ difficult to do so within the period of licensed and operated in compliance laws/federal/notices.html. time allowed by this notice, you should with applicable rules, statutes and • E-mail: [email protected] Include advise the FCC contact listed below as treaties. If the information is not the name of the collection in the subject soon as possible. collected, documentation concerning line of the message. ADDRESSES: Direct all PRA comments to station operations will be unavailable, • Mail: Leneta G. Gregorie (202–898– Nicholas A. Fraser, Office of fixed stations in the IAMS may not be 3719), Counsel, Room F–1064, Federal Management and Budget, via fax at 202– in compliance with treaty requirements, Deposit Insurance Corporation, 550 17th 395–5167 or via the Internet at and enforcement efforts will suffer. Street, NW., Washington, DC 20429. _ _ • Nicholas A. [email protected] and Federal Communications Commission. Hand Delivery: Comments may be hand-delivered to the guard station at to the Federal Communications Marlene H. Dortch, Commission via email to [email protected]. the rear of the 17th Street Building Secretary, (located on F Street), on business days FOR FURTHER INFORMATION CONTACT: Office of the Secretary, Judith B. Herman, Office of Managing between 7 a.m. and 5 p.m. Office of Managing Director. Director, (202) 418–0214. For additional All comments should refer to the information, contact Judith B. Herman, [FR Doc. 2010–11421 Filed 5–12–10; 8:45 am] relevant OMB control number. A copy OMD, 202–418–0214 or email Judith– BILLING CODE 6712–01–S of the comments may also be submitted [email protected]. to the OMB desk officer for the FDIC: Office of Information and Regulatory SUPPLEMENTARY INFORMATION: Affairs, Office of Management and OMB Control Number: 3060–0998. FEDERAL DEPOSIT INSURANCE Budget, New Executive Office Building, Title: Section 87.109, Station Logs. CORPORATION Washington, DC 20503. Form No.: N/A. Type of Review: Extension of a Agency Information Collection FOR FURTHER INFORMATION CONTACT: currently approved collection. Activities: Submission for OMB Leneta Gregorie, at the FDIC address Respondents: Business or other for– Review; Comment Request above. profit. SUPPLEMENTARY INFORMATION: Number of Respondents and AGENCY: Federal Deposit Insurance Proposal to renew the following Responses: 5 respondents; 5 responses. Corporation (FDIC). currently approved collections of Estimated Time Per Response: 100 ACTION: Notice of information collection information: hours. to be submitted to OMB for review and 1. Title: Interagency Charter & Federal Frequency of Response: approval under the Paperwork Deposit Insurance Application. Recordkeeping requirement. Reduction Act. OMB Number: 3064–0001. Obligation to Respond: Required to Frequency of Response: Once. obtain or retain benefits. Statutory SUMMARY: In accordance with Affected Public: Banks or savings authority for this information collection requirements of the Paperwork associations wishing to become FDIC- is contained in 47 U.S.C. 154, 303, and Reduction Act of 1995 (‘‘PRA’’), 44 insured depository institutions. 307(e). U.S.C. 3501 et seq., the FDIC may not Estimated Number of Respondents: Total Annual Burden: 500 hours. conduct or sponsor, and the respondent 217. Total Annual Cost: N/A. is not required to respond to, an Estimated Time per Response: 125 Privacy Act Impact Assessment: N/A. information collection unless it displays hours. Nature and Extent of Confidentiality: a currently valid Office of Management Total Annual Burden: 27,125 hours. There is no need for confidentiality. and Budget (OMB) control number. The General Description of Collection: The Needs and Uses: The Commission FDIC, as part of its continuing effort to Federal Deposit Insurance Act requires will submit this expiring information reduce paperwork and respondent proposed financial institutions to apply collection to the Office of Management burden, invites the general public and to the FDIC to obtain deposit insurance. and Budget (OMB) after this comment other Federal agencies to take this This collection provides the FDIC with period to obtain the full three year opportunity to comment on the renewal the information needed to evaluate the clearance from them. There is no change of existing information collections, as applications. in the recordkeeping requirement. There required by the PRA. On March 8, 2010 2. Title: Application to Establish is an adjustment increase in the total (75 FR 10482), the FDIC solicited public Branch or to Move Main Office or burden hours which is due to two comment for a 60-day period on renewal Branch. additional respondents now estimated of the following three information OMB Number: 3064–0070. for this information collection. collections: Interagency Charter & Form Numbers: None. Section 87.109 requires that a station Federal Deposit Insurance Application Frequency of Response: On occasion. at a fixed location in the international (OMB No. 3064–0001); Application to Affected Public: Insured financial aeronautical mobile service (IAMS) Establish Branch or to Move Main Office institutions. must maintain a log (written or or Branch (OMB No. 3064–0070); and Estimated Number of Respondents: automatic log) in accordance with the CRA Sunshine (OMB No. 3064–0139). 1,419. Annex 10 provisions of the International No comments were received. Therefore, Estimated Time per Response: 5 Civil Aviation Organization (ICAO) the FDIC hereby gives notice of hours.

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Total Annual Burden: 7,095 hours. the accuracy of the estimates of the ACTION: Update Listing of Financial General Description of Collection: burden of the information collection, Institutions in Liquidation. Insured depository institutions must including the validity of the obtain the written consent of the FDIC methodology and assumptions used; (c) SUMMARY: Notice is hereby given that before establishing or moving a main ways to enhance the quality, utility, and the Federal Deposit Insurance office or branch. clarity of the information to be Corporation (Corporation) has been 3. Title: CRA Sunshine. collected; and (d) ways to minimize the OMB Number: 3064–0139. appointed the sole receiver for the burden of the information collection on following financial institutions effective Frequency of Response: On occasion. respondents, including through the use Affected Public: Insured state as of the Date Closed as indicated in the of automated collection techniques or listing. This list (as updated from time nonmember banks and their affiliates, other forms of information technology. and nongovernmental entities and to time in the Federal Register) may be All comments will become a matter of persons. relied upon as ‘‘of record’’ notice that the public record. Estimated Number of Respondents: Corporation has been appointed receiver 16. Dated at Washington, DC, this 10th day of for purposes of the statement of policy Estimated Time per Response: 2.6 May, 2010. published in the July 2, 1992 issue of hours. Federal Deposit Insurance Corporation. the Federal Register (57 FR 29491). For Total Annual Burden: 138 hours. Robert E. Feldman, further information concerning the General Description of Collection: Executive Secretary. This collection implements a statutory identification of any institutions which [FR Doc. 2010–11454 Filed 5–12–10; 8:45 am] requirement imposing reporting, have been placed in liquidation, please disclosure and recordkeeping BILLING CODE 6714–01–P visit the Corporation Web site at requirements on some community www.fdic.gov/bank/individual/failed/ investment-related agreements between banklist.html or contact the Manager of FEDERAL DEPOSIT INSURANCE Receivership Oversight in the insured depository institutions or CORPORATION affiliates, and nongovernmental entities appropriate service center. or persons. Update to Notice of Financial Dated: May 3, 2010. Request for Comment Institutions for Which the Federal Federal Deposit Insurance Corporation. Deposit Insurance Corporation Has Pamela Johnson, Comments are invited on: (a) Whether Been Appointed Either Receiver, the collection of information is Liquidator, or Manager Regulatory Editing Specialist. necessary for the proper performance of the FDIC’s functions, including whether AGENCY: Federal Deposit Insurance the information has practical utility; (b) Corporation.

INSTITUTIONS IN LIQUIDATION [In alphabetical order]

FDIC Ref. No. Bank name City State Date closed

10225 ...... BC National Banks ...... Butler ...... MO 4/30/2010 10226 ...... CF Bancorp ...... Port Huron ...... MI 4/30/2010 10227 ...... Champion Bank ...... Creve Coeur ...... MO 4/30/2010 10229 ...... Eurobank ...... San Juan ...... PR 4/30/2010 10228 ...... Frontier Bank ...... Everett ...... WA 4/30/2010 10230 ...... R–G Premier Bank of Puerto Rico ...... Hato Rey ...... PR 4/30/2010 10231 ...... Westernbank Puerto Rico ...... Mayaguez ...... PR 4/30/2010

[FR Doc. 2010–11345 Filed 5–12–10; 8:45 am] Reserve Bank indicated. The notices Board of Governors of the Federal Reserve BILLING CODE 6714–01–P also will be available for inspection at System, May 10, 2010. the office of the Board of Governors. Robert deV. Frierson, Interested persons may express their Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM views in writing to the Reserve Bank [FR Doc. 2010–11439 Filed 5–12–10; 8:45 am] indicated for that notice or to the offices BILLING CODE 6210–01–S Change in Bank Control Notices; of the Board of Governors. Comments Acquisition of Shares of Bank or Bank must be received not later than May 28, Holding Companies 2010. FEDERAL RESERVE SYSTEM A. Federal Reserve Bank of San The notificants listed below have Formations of, Acquisitions by, and Francisco (Kenneth Binning, Vice applied under the Change in Bank Mergers of Bank Holding Companies Control Act (12 U.S.C. 1817(j)) and President, Applications and § 225.41 of the Board’s Regulation Y (12 Enforcement) 101 Market Street, San The companies listed in this notice CFR 225.41) to acquire a bank or bank Francisco, California 94105–1579: have applied to the Board for approval, holding company. The factors that are 1. Hilario John Arguinchona and pursuant to the Bank Holding Company considered in acting on the notices are Karen Arguinchona, Boise, Idaho; to Act of 1956 (12 U.S.C. 1841 et seq.) set forth in paragraph 7 of the Act (12 retain voting shares of Syringa Bancorp, (BHC Act), Regulation Y (12 CFR Part U.S.C. 1817(j)(7)). and thereby indirectly retain voting 225), and all other applicable statutes The notices are available for shares Syringa Bank, both of Boise, and regulations to become a bank immediate inspection at the Federal Idaho. holding company and/or to acquire the

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assets or the ownership of, control of, or SUMMARY: The Federal Trade Proposed Project the power to vote shares of a bank or Commission published a document in Estimating the Capacity for National bank holding company and all of the the Federal Register of April 15, 2010, and State-Level Colorectal Cancer banks and nonbanking companies seeking public comments on its Screening through a Survey of owned by the bank holding company, proposal to extend through May 31, Endoscopic Capacity (SECAP II)(OMB including the companies listed below. 2013, the current Paperwork Reduction No. 0920–0539, exp. The applications listed below, as well Act clearance for information collection 3/31/2003)—Reinstatement with as other related filings required by the requirements associated with the Change—Division of Cancer Prevention Board, are available for immediate Contact Lens Rule (the Rule), 16 CFR and Control, National Center for inspection at the Federal Reserve Bank part 315. The document contained an Chronic Disease Prevention and Health indicated. The applications also will be incorrect OMB Control No. for the pre- Promotion (NCCDPHP), Centers for available for inspection at the offices of existing clearance. The correct number Disease Control and Prevention (CDC). the Board of Governors. Interested is 3084-0127. persons may express their views in FOR FURTHER INFORMATION CONTACT: Background and Brief Description writing on the standards enumerated in Requests for additional information or Colorectal cancer (CRC) is the second the BHC Act (12 U.S.C. 1842(c)). If the copies of the proposed information leading cause of cancer-related deaths in proposal also involves the acquisition of requirements should be addressed to the United States (U.S.). Most colorectal a nonbanking company, the review also Karen Jagielski, Attorney, Division of cancers develop from pre-existing includes whether the acquisition of the Advertising Practices, Bureau of growths, or polyps, which slowly nonbanking company complies with the Consumer Protection, Federal Trade transform into cancers over a period of standards in section 4 of the BHC Act Commission, 600 Pennsylvania Avenue, 10–20 years. As a result, CRC is ideally (12 U.S.C. 1843). Unless otherwise NW., NJ– 3212, Washington, DC 20580, suited for prevention and early noted, nonbanking activities will be (202) 326–2509. Correction In the detection through regular screening. conducted throughout the United States. Federal Register of April 15, 2010, in Recommended screening procedures Additional information on all bank FR Doc. 2010–8647, on page 19647, in include flexible sigmoidoscopy and holding companies may be obtained the third column, under Supplementary colonoscopy, which allow qualified from the National Information Center Information: Background, correct the medical professionals to identify and website at www.ffiec.gov/nic/. second paragraph, third sentence, to remove polyps as well as to detect early Unless otherwise noted, comments read: ‘‘Pursuant to the OMB regulations, cancers. Information regarding the regarding each of these applications 5 CFR Part 1320, that implement the capacity of the U.S. health care system must be received at the Reserve Bank PRA, the FTC is providing this second to provide lower GI endoscopic indicated or the offices of the Board of opportunity for public comment while procedures is critical to planning Governors not later than June 7, 2010. seeking OMB approval to renew the pre- widespread CRC screening programs. A. Federal Reserve Bank of San existing clearance for the Rule (OMB CDC requests OMB approval to Francisco (Kenneth Binning, Vice Control No. 3084-0127).’’ reinstate a previously approved data President, Applications and By direction of the Commission. collection, formerly entitled the Enforcement) 101 Market Street, San National Survey of Endoscopic Capacity Donald S. Clark Francisco, California 94105–1579: (SECAP) (OMB No. 0920–0539, exp. 3/ 1. Carpenter Fund Manager GP, LLC, Secretary. 31/2003), to obtain a current estimate of Carpenter Fund Management, LLC, [FR Doc. 2010–11501 Filed 5–12–10; 8:45 am] the number of colorectal cancer Carpenter Community Bancfund, L.P., BILLING CODE: 6750–01–S screening and follow-up tests being Carpenter Community Bancfund-A, LP, performed, as well as the maximum Carpenter Community Bancfund-CA, number of screening and follow-up tests L.P., SCJ, Inc., and CCFW, Inc., all of DEPARTMENT OF HEALTH AND that could be performed in the event of Irvine, California; to acquire no more HUMAN SERVICES widespread screening. In addition, the than 35 percent of the voting shares of reinstatement request describes a plan Bridge Capital Holdings, and thereby Centers for Disease Control and to conduct state-specific surveys in up indirectly acquire voting shares of Prevention to 18 selected states. Similar surveys Bridge Bank, N.A., both of San Jose, were conducted in 15 selected states California. [30Day–10–0539] from 2003 to 2005, and provided Board of Governors of the Federal Reserve Agency Forms Undergoing Paperwork estimates of endoscopic screening System, May 10, 2010. Reduction Act Review capacity at state and sub-state levels Robert deV. Frierson, (State Survey of Endoscopic Capacity, Deputy Secretary of the Board. The Centers for Disease Control and OMB No. 0920–0590, exp. 6/30/2006). [FR Doc. 2010–11440 Filed 5–12–10; 8:45 am] Prevention (CDC) publishes a list of However, in light of recent trends in BILLING CODE 6210–01–S information collection requests under colorectal cancer screening (e.g., review by the Office of Management and increases in the percentage of public Budget (OMB) in compliance with the and private insurers that reimburse for Paperwork Reduction Act (44 U.S.C. screening colonoscopy, increased use of FEDERAL TRADE COMMISSION Chapter 35). To request a copy of these colonoscopy and decreased use of requests, call the CDC Reports Clearance flexible sigmoidoscopy, availability of Agency Information Collection Officer at (404) 639–5960 or send an other colorectal cancer screening Activities; Submission for OMB e-mail to [email protected]. Send written procedures), there is a need to update Review; Comment Request; Correction comments to CDC Desk Officer, Office of estimates of endoscopic capacity to AGENCY: Federal Trade Commission Management and Budget, Washington, guide continued screening initiatives. (‘‘FTC’’ or ‘‘Commission’’). DC or by fax to (202) 395–5806. Written OMB approval is requested for three comments should be received within 30 years. The proposed national survey ACTION: Notice; correction. days of this notice. will be conducted in 2010–2011 and

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will be based on an updated version of Additional state-level surveys will be Facilities will be recruited and the previously fielded paper-and-pencil conducted from approximately 2010– screened through a telephone interview. survey instrument. The target 2012 and will include a census survey Participation is voluntary. The population for the national survey is all of up to 18 selected states, based on information collection will inform facilities in the U.S. that use lower methodology employed with the planning efforts for national and state gastrointestinal flexible endoscopic previously fielded state-based survey. colorectal cancer screening. equipment for the detection of An average of 135 facilities will be colorectal cancer in adults. Information selected to participate in each state. A There are no costs to respondents will be collected from a random sample total of approximately 1,680 completed other than their time. The total of 1,440 facilities, stratified by U.S. state surveys will be collected over the estimated burden hours are 732. Census region and urban/rural location. three years of the project.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)

Medical Facilities that Perform CRC National Survey Recruitment Interview ...... 700 1 5/60 Screening. National SECAP Survey ...... 480 1 35/60 State Survey Recruitment Interview ...... 800 1 5/60 State SECAP Survey ...... 560 1 35/60

Carol Walker, ADDRESSES: To ensure that comments on CFR 514.5, or requests a meeting to Acting Reports Clearance Officer, Centers for the information collection are received, discuss general questions. Generally, Disease Control and Prevention. OMB recommends that written meeting requests are submitted to CVM [FR Doc. 2010–11413 Filed 5–12–10; 8:45 am] comments be faxed to the Office of on paper. However, CVM now allows BILLING CODE 4163–18–P Information and Regulatory Affairs, registered sponsors to submit OMB, Attn: FDA Desk Officer, FAX: information electronically, and to 202–395–7285, or e-mailed to request meetings electronically, if they DEPARTMENT OF HEALTH AND _ oira [email protected]. All determine this is more efficient and HUMAN SERVICES comments should be identified with the time saving for them. CVM’s guidance OMB control number 0910–0452. Also Food and Drug Administration on ‘‘How to Submit a Request for a include the FDA docket number found Meeting or Teleconference in Electronic [Docket No. FDA–2010–D–0043] in brackets in the heading of this Format to CVM,’’ provides sponsors document. Agency Information Collection with the option to submit a request for Activities; Submission for Office of FOR FURTHER INFORMATION CONTACT: a meeting or teleconference as an e-mail Management and Budget Review; Denver Presley, Jr., Office of Information attachment by the Internet. The likely Comment Request; Guidance for Management, Food and Drug respondents are sponsors for new Industry on How to Use E-Mail to Administration, 1350 Piccard Dr., P150– animal drug applications. Submit a Request for a Meeting or 400B, Rockville, MD 20850, 301–796– In the Federal Register of February 5, 3793. Teleconference in Electronic Format to 2010 (75 FR 6035), FDA published a 60- the Center for Veterinary Medicine SUPPLEMENTARY INFORMATION: In day notice requesting public comment AGENCY: Food and Drug Administration, compliance with 44 U.S.C. 3507, FDA on the proposed collection of HHS. has submitted the following proposed information. ACTION: Notice. collection of information to OMB for In response, two comments were review and clearance. received. One comment was completely SUMMARY: The Food and Drug Guidance for Industry on How to Use outside the scope of the notice and the Administration (FDA) is announcing other requested that FDA meet openly that a proposed collection of E-Mail to Submit a Request for a information has been submitted to the Meeting or Teleconference in Electronic with industry rather than closed Office of Management and Budget Format to the Center for Veterinary sessions. Neither comment addressed (OMB) for review and clearance under Medicine—(OMB Control Number the paperwork involved in the the Paperwork Reduction Act of 1995. 0910–0452)—Extension information collection. DATES: Fax written comments on the CVM holds meetings and/or FDA estimates the burden of this collection of information by June 14, teleconferences when a sponsor requests collection of information as follows: 2010. a presubmission conference under 21

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section/ No. of Annual Frequency Total Annual Hours per Total Hours FDA Form 3489 Respondents per Response Responses2 Response

10.64 40 2.4 96 .08 7.7 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Electronic submissions received between January 1, 2008, and December 31, 2008.

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The number of respondents in table 1 SUPPLEMENTARY INFORMATION: In product or require specific reports. The of this document is the number of compliance with 44 U.S.C. 3507, FDA information collections are either sponsors registered to make electronic has submitted the following proposed specifically called for in the act or were submissions (40). The number of total collection of information to OMB for developed to aid the Agency in annual responses is based on a review review and clearance. performing its obligations under the act. The data reported to FDA and the of the actual number of such Reporting and Recordkeeping records maintained are used by FDA submissions made between January 1, Requirements and Availability of and the industry to make decisions and 2008, and December 31, 2008 (96 x Sample Electronic Products for take actions that protect the public from hours per response (.08) = 7.7 total Manufacturers and Distributors of radiation hazards presented by hours). Electronic Products (OMB Control electronic products. This information Dated: May 10, 2010. Number 0910–0025)—Extension refers to the identification of, location Leslie Kux, Under sections 532 through 542 of the of, operational characteristics of, quality Acting Assistant Commissioner for Policy. Federal Food, Drug, and Cosmetic Act assurance programs for, and problem [FR Doc. 2010–11453 Filed 5–12–10; 8:45 am] (the act) (21 U.S.C. 360ii through 360ss), identification and correction of BILLING CODE 4160–01–S FDA has the responsibility to protect the electronic products. The data provided public from unnecessary exposure of to users and others are intended to radiation from electronic products. The encourage actions to reduce or eliminate DEPARTMENT OF HEALTH AND regulations issued under these radiation exposures. HUMAN SERVICES authorities are listed in title 21 of the FDA uses the following forms to aid Code of Federal Regulations, chapter I, respondents in the submission of Food and Drug Administration subpart J, parts 1000 through 1050 (parts information for this information [Docket No. FDA–2010–N–0088] 1002 through 1050). collection: Section 532 of the act directs the • FDA Form 2579 ‘‘Report of Agency Information Collection Secretary of the Department of Health Assembly of a Diagnostic X-Ray System’’ Activities; Submission for Office of and Human Services (the Secretary), to • FDA Form 2767 ‘‘Notice of Management and Budget Review; establish and carry out an electronic Availability of Sample Electronic Comment Request; Reporting and product radiation control program, Product’’ Recordkeeping Requirements and including the development, issuance, • FDA Form 2877 ‘‘Declaration for Availability of Sample Electronic and administration of performance Imported Electronic Products Subject to Products for Manufacturers and standards to control the emission of Radiation Control Standards’’ • Distributors of Electronic Products electronic product radiation from FDA Form 3649 ‘‘Accidental electronic products. The program is Radiation Occurrence (ARO)’’ AGENCY: Food and Drug Administration, designed to protect the public health • FDA Form 3626 ‘‘A Guide for the HHS. and safety from electronic radiation, and Submission of Initial Reports on ACTION: Notice. the act authorizes the Secretary to Diagnostic X-Ray Systems and Their procure (by negotiation or otherwise) Major Components’’ • SUMMARY: The Food and Drug electronic products for research and FDA Form 3627 ‘‘Diagnostic X-Ray Administration (FDA) is announcing CT Products Radiation Safety Report’’ testing purposes and to sell or otherwise • that a proposed collection of dispose of such products. Section 534(g) FDA Form 3628 ‘‘General Annual information has been submitted to the of the act directs the Secretary to review Report (Includes Medical, Analytical, Office of Management and Budget and evaluate industry testing programs and Industrial X-Ray Products Annual ’’ (OMB) for review and clearance under on a continuing basis; and section Report) • FDA Form 3629 ‘‘Abbreviated the Paperwork Reduction Act of 1995 535(e) and (f) of the act directs the (the PRA). Report’’ Secretary to immediately notify • FDA Form 3630 ‘‘Guide for DATES: Fax written comments on the manufacturers of, and ensure correction Preparing Product Reports on Sunlamps collection of information by June 14, of, radiation defects or noncompliances and Sunlamp Products’’ 2010. with performance standards. Section • FDA Form 3631 ‘‘Guide for ADDRESSES: To ensure that comments on 537(b) of the act contains the authority Preparing Annual Reports on Radiation the information collection are received, to require manufacturers of electronic Safety Testing of Sunlamps and OMB recommends that written products to establish and maintain Sunlamp Products’’ comments be faxed to the Office of records (including testing records), • FDA Form 3632 ‘‘Guide for Information and Regulatory Affairs, make reports, and provide information Preparing Product Reports on Lasers OMB, Attn: FDA Desk Officer, FAX: to determine whether the manufacturer and Products Containing Lasers’’ 202–395–7285, or e-mailed to has acted in compliance. • FDA Form 3633 ‘‘General Variance [email protected]. All The regulations under parts 1002 Request’’ • comments should be identified with the through 1010 specify reports to be FDA Form 3634 ‘‘Television provided by manufacturers and Products Annual Report’’ OMB control number 0910–0025. Also • include the FDA docket number found distributors to FDA and records to be FDA Form 3635 ‘‘Laser Light Show in brackets in the heading of this maintained in the event of an Notification’’ • ‘‘ document. investigation of a safety concern or a FDA Form 3636 Guide for product recall. Preparing Annual Reports on Radiation FOR FURTHER INFORMATION CONTACT: FDA conducts laboratory compliance Safety Testing of Laser and Laser Light Daniel Gittleson, Office of Information testing of products covered by Show Products’’ Management, Food and Drug regulations for product standards in • FDA Form 3637 ‘‘Laser Original Administration, 1350 Piccard Dr., PI50– parts 1020, 1030, 1040, and 1050. Equipment Manufacturer (OEM) Report’’ 400B, Rockville, MD 20850, 301–796– FDA details product-specific • FDA Form 3638 ‘‘Guide for Filing 5156, email: performance standards that specify Annual Reports for X-Ray Components [email protected]. information to be supplied with the and Systems’’

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• FDA Form 3639 ‘‘Guidance for the • FDA Form 3646 ‘‘Mercury Vapor • FDA Form 3663 ‘‘Abbreviated Submission of Cabinet X-Ray System Lamp Products Radiation Safety Report’’ Reports on Radiation Safety for Reports Pursuant to 21 CFR 1020.40’’ • FDA Form 3647 ‘‘Guide for Microwave Products (Other than • FDA Form 3640 ‘‘Reporting Guide Preparing Annual Reports on Radiation Microwave Ovens)’’ for Laser Light Shows and Displays’’ Safety Testing of Mercury Vapor Lamps’’ • FDA Form 3801 ‘‘Guide for • FDA Form 3147 ‘‘Application for a • FDA Form 3659 ‘‘Reporting and Preparing Initial Reports and Model Variance From 21 CFR 1040.11(c) for a Compliance Guide for Television Change Reports on Medical Ultraviolet Laser Light Show, Display, or Device’’ Products’’ Lamps and Products Containing Such Lamps’’ • FDA Form 3641 ‘‘Cabinet X-Ray • FDA Form 3660 ‘‘Guidance for Annual Report’’ The most likely respondents to this Preparing Reports on Radiation Safety of information collection will be electronic • ‘‘ FDA Form 3642 General Microwave Ovens’’ product and x-ray manufacturers, ’’ Correspondence • FDA Form 3661 ‘‘Guide for the importers, and assemblers. • FDA Form 3643 ‘‘Microwave Oven Submission of an Abbreviated Report on In the Federal Register of February Products Annual Report’’ X-Ray Tables, Cradles, Film Changers, 26, 2010 (75 FR 8963), FDA published • FDA Form 3644 ‘‘Guide for or Cassette Holders Intended for a 60-day notice requesting public Preparing Product Reports for Diagnostic Use’’ comment on the proposed collection of Ultrasonic Therapy Products’’ • FDA Form 3662 ‘‘Guide for information. No comments were • FDA Form 3645 ‘‘Guide for Submission of an Abbreviated Radiation received. Preparing Annual Reports for Ultrasonic Safety Report on Cephalometric Devices FDA estimates the burden of this Therapy Products’’ Intended for Diagnostic Use’’ collection of information as follows:

TABLE 1 –ESTIMATED ANNUAL REPORTING BURDEN1

21 CFR Section/ FDA Form No. of Annual Frequency Total Annual Hours per Part No. Respondents per Response Responses Response Total Hours

1002.3 N/A 10 1 10 12 120

1002.10 3626—Diagnostic X-Ray 1,000 1.2 1,200 24 28,800 3627—CT X-Ray 3639—Cabinet X-Ray 3632—Laser 3640—Laser Light Show 3630—Sunlamp 3646—Mercury Vapor Lamp 3644—Ultrasonic Therapy 3659—TV 3660—Microwave Oven 3801—UV Lamps

1002.11 N/A 400 0.6 240 0.5 120

1002.12 3629—General Abbreviated Report 50 1 50 5 250 3661—X-Ray Tables, etc. 3662—Cephalometric Device 3663—non-Oven Microwave Product

1002.13 3628—General 1,000 1 1,000 18 18,000 3634—TV 3638—Diagnostic X-Ray 3641—Cabinet X-Ray 3643—Microwave Oven 3636—Laser 3631—Sunlamp 3647—Mercury Vapor Lamp 3645—Ultrasonic Therapy

1002.13(c) N/A 100 2.4 240 0.5 120

1002.20 3649—ARO 25 1 25 2 50

1002.41(a) N/A 1 1 1 1 1

1002.50(a) and 3642—General Correspondence 10 0.5 5 1 5 1002.51

1005.10 2767—Sample Product 50 1 50 0.1 5

1005.25(b) N/A 1 1 1 1 1

1005 2877—Imports Declaration 600 32 19,200 0.2 3,840

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TABLE 1 –ESTIMATED ANNUAL REPORTING BURDEN1—Continued

21 CFR Section/ FDA Form No. of Annual Frequency Total Annual Hours per Part No. Respondents per Response Responses Response Total Hours

1010.2 N/A 1 1 1 5 5

1010.4(b) 3633—General Variance Request 160 0.3 48 1.2 58 3147—Laser Show Variance Re- quest 3635—Laser Show Notification

1010.5(c) and (d) N/A 4 1 4 22 88

1010.13 N/A 1 1 1 10 10

1020.20(c)(4) N/A 1 1 1 1 1

1020.30(d), (d)(1), 2579—Assembler Report 1,150 10.7 12,305 0.30 3,692 and (d)(2)

1020.30(g) N/A 200 1.33 266 35 9,310

1020.30(h)(1) N/A 200 1.33 266 35 9,310 through (h)(4), 1020.32(a)(1) and (g)

1020.30(h)(5) and N/A 20 5 100 18 1,800 (h)(6) and 1020.32(j)(4)

1020.32(g), N/A 9 1 9 40 360 1020.33(c), (d), (g)(4), (j)(3), and (j)(4)

1020.40(c)(9)(i) and N/A 8 1 8 40 320 (c)(9)(ii)

1030.10(c)(4) N/A 41 1.6 66 20 1,320

1030.10(c)(5)(i) N/A 41 1.6 66 20 1,320 through (c)(5)(iv)

1030.10(c)(6)(iii) N/A 1 1 1 1 1 and (c)(6)(iv)

1040.10(a)(3)(i) 3637—OEM Report 40 1 40 3 120

1040.10(h)(1)(i) N/A 805 1 805 8 6,440 through (h)(1)(vi)

1040.10(h)(2)(i) and N/A 100 1 100 8 800 (h)(2)(ii)

1040.11(a)(2) N/A 50 1 50 10 500

1040.20(d)(1)(ii) N/A 110 1 110 10 1,100 through (d)(1)(vi), (e)(1), and (e)(2)

1040.30(c)(1)(ii) N/A 1 1 1 1 1

1040.30(c)(2) N/A 7 1 7 1 7

1050.10(d)(1) N/A 10 1 10 56 560 through (d)(4) and (f)(1) through (f)(2)(iii)

Total Annual Reporting Burden 88,435 1 There are no capital costs or operating and maintenance costs associated with this collection of information

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TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers of Recordkeeping Records Record Total Hours

1002.30 and 1002.31(a) 1,150 1,655.5 1,903,825 0.12 228,459

1002.40 and 1002.41 2,950 49.2 145,140 0.05 7,257

1020.30(g) 22 1 22 0.5 11

1040.10(a)(3)(ii) 40 1 40 1.0 40

Totals 235,767 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden estimates were derived by DEPARTMENT OF HEALTH AND two self-addressed adhesive labels to consultation with FDA and industry HUMAN SERVICES assist that office in processing your personnel, and are based on actual data request. See the SUPPLEMENTARY collected from industry. An evaluation Food and Drug Administration INFORMATION section for electronic of the type and scope of information [Docket No. FDA–2010–D–0236] access to the guidance. requested was also used to derive some FOR FURTHER INFORMATION CONTACT: time estimates. For example, disclosure Guidance for Industry: Use of Water by Jenny Scott, Center for Food Safety and information primarily requires time Food Manufacturers in Areas Subject Applied Nutrition (HFS–300), Food and only to update and maintain existing to a Boil-Water Advisory; Availability Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301– manuals. Initial development of AGENCY: Food and Drug Administration, 436–1700 manuals has been performed except for HHS. SUPPLEMENTARY INFORMATION: new firms entering the industry. ACTION: Notice. The following information collection I. Background SUMMARY: The Food and Drug requirements are not subject to review Administration (FDA) is announcing the FDA is announcing the availability of by OMB because they do not constitute availability of a guidance entitled a guidance entitled ‘‘Guidance for ‘‘ ’’ a collection of information under the ‘‘Guidance for Industry: Use of Water by Industry: Use of Water by Food PRA: Sections 1002.31(c); 1003.10(a), Food Manufacturers in Areas Subject to Manufacturers in Areas Subject to a (b), and (c); 1003.11(a)(3) and (b); a Boil-Water Advisory.’’ This guidance Boil-Water Advisory.’’ This guidance is 1003.20(a) through (h); 1003.21(a) is intended to advise food intended to advise food manufacturers through (d); 1003.22(a) and (b); manufacturers that once a boil-water that once a boil-water advisory has been 1003.30(a) and (b); 1003.31(a) and (b); advisory has been issued they should issued they should stop using the water 1004.2(a) through (i); 1004.3(a) through stop using the water subject to the subject to the advisory until the water (i); 1004.4(a) through (h); 1005.21(a) advisory until the water again meets the again meets the applicable Federal and through (c); and 1005.22(b). These applicable Federal and State drinking State drinking water quality standards. requirements apply to the collection of water quality standards. Further, this Further, this guidance is intended to assist food manufacturers in evaluating information during the conduct of guidance is intended to assist food food that already was produced with general investigations or audits (5 CFR manufacturers in evaluating food that already was produced with water water subject the advisory. 1320.4(b)). FDA is issuing this guidance as Level subject to the advisory. The guidance is The following labeling requirements 1 guidance consistent with FDA’s good in response to the recent major water are also not subject to review under the guidance practices regulation (21 CFR pipe break in Massachusetts that PRA because they are a public 10.115). Consistent with FDA’s good interrupted service to 30 Massachusetts disclosure of information originally guidance practices regulation, the Water Resources Authority (MWRA) supplied by the Federal Government to agency will accept comment, but is customer communities (serving implementing the guidance document the recipient for the purpose of approximately 2 million residents). disclosure to the public (5 CFR immediately in accordance with 21 CFR DATES: Submit electronic or written 10.115(g)(2) because the agency has 1320.3(c)(2)): Sections 1020.10(c)(4), comments on the guidance at any time. 1030.10(c)(6), 1040.10(g), 1040.30(c)(1), determined that prior public ADDRESSES: Submit electronic and 1050.10(d)(1). participation is not feasible or comments on the guidance to http:// appropriate in light of the need to Dated: May 7, 2010. www.regulations.gov. Submit written respond expeditiously to the recent Leslie Kux, comments on the guidance to the major water pipe break in Massachusetts Acting Assistant Commissioner for Policy. Division of Dockets Management that interrupted service to 30 MWRA [FR Doc. 2010–11396 Filed 5–12–10; 8:45 am] (HFA—305), Food and Drug customer communities (serving Administration, 5630 Fishers Lane, rm. approximately 2 million residents). The BILLING CODE 4160–01–S 1061, Rockville, MD 20852. Submit guidance represents the agency’s current written requests for single copies of the thinking on the use of water by food guidance to the Office of Food Safety, manufacturers in areas subject to a Center for Food Safety and Applied ‘‘Boil-Water Advisory.’’ It does not create Nutrition (HFS–300), Food and Drug or confer any rights for or on any person Administration, 5100 Paint Branch and does not operate to bind FDA or the Pkwy., College Park, MD 20740. Send public. An alternate approach may be

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used if such approach satisfies the Bethesda, MD 20892, 301–451–2020, Place: National Institutes of Health, 6116 requirements of the applicable statutes [email protected]. Executive Boulevard, Room 6006, Rockville, and regulations. This notice is being published less than 15 MD 20852 (Telephone Conference Call). days prior to the meeting due to the timing Contact Person: Gerald G. Lovinger, PhD, II. Comments limitations imposed by the review and Scientific Review Officer, Special Review Interested persons may submit to the funding cycle. and Logistics Branch, Division of Extramural Division of Dockets Management (see Name of Committee: National Eye Institute Activities, National Cancer Institute, 6116 Executive Blvd., Room 8101, Bethesda, MD ADDRESSES) electronic or written Special Emphasis Panel; SBIR Grant Application. 20892–8329, 301/496–7987, comments regarding the guidance. [email protected]. Submit a single copy of electronic Date: May 20, 2010. Time: 12 p.m. to 2 p.m. This notice is being published less than 15 comments or two paper copies of any Agenda: To review and evaluate grant days prior to the meeting due to scheduling mailed comments, except that applications. conflicts. individuals may submit one paper copy. Place: National Eye Institute, 5635 Fishers Name of Committee: National Cancer Comments are to be identified with the Lane, Suite 1300, Rockville, MD 20892. Institute Special Emphasis Panel; Small docket number found in brackets in the Contact Person: Samuel Rawlings, PhD, Grants Program for Cancer Epidemiology. heading of this document. Received Chief, Scientific Review Branch, Division Of Date: June 17–18, 2010. comments may be seen in the Division Extramural Research, National Eye Institute, Time: 8:30 a.m. to 5 p.m. of Dockets Management between 9 a.m. 5635 Fishers Lane, Suite 1300 MSC 9300, Agenda: To review and evaluate grant applications. and 4 p.m., Monday through Friday. Bethesda, MD 20892–9300, 301–451–2020, [email protected]. Place: Legacy Hotel and Meeting Center, III. Electronic Access This notice is being published less than 15 1775 Rockville Pike, Rockville, MD 20852. days prior to the meeting due to the timing Contact Person: Joyce C. Pegues, B.S., B.A., Persons with access to the Internet PhD, Scientific Review Officer, Special may obtain the draft guidance at http:// limitations imposed by the review and funding cycle. Review and Logistics Branch, Division of www.fda.gov/FoodGuidances or http:// Extramural Activities, National Cancer www.regulations.gov. (Catalogue of Federal Domestic Assistance Institute, NIH, 6116 Executive Boulevard, Program Nos. 93.867, Vision Research, Room 7149, Bethesda, MD 20892–8329, 301– Dated: May 10, 2010. National Institutes of Health, HHS) 594–1286, [email protected]. Leslie Kux, May 6, 2010. Name of Committee: National Cancer Acting Assistant Commissioner for Policy. Jennifer Spaeth, Institute Special Emphasis Panel; Innovative [FR Doc. 2010–11450 Filed 5–10–10; 4:15 pm] Technology Development. Director, Office of Federal Advisory BILLING CODE 4160–01–S Date: June 23–24, 2010. Committee Policy. Time: 8 a.m. to 6 p.m. [FR Doc. 2010–11307 Filed 5–12–10; 8:45 am] Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–M applications. HUMAN SERVICES Place: Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 20814. National Institutes of Health DEPARTMENT OF HEALTH AND Contact Person: Jeffrey E. DeClue, PhD, HUMAN SERVICES Scientific Review Officer, Special Review National Eye Institute; Notice of Closed and Logistics Branch, Division of Extramural National Institutes of Health Activities, National Cancer Institute, NIH, Meetings 6116 Executive Boulevard, Room 8059, Pursuant to section 10(d) of the National Cancer Institute; Notice of Bethesda, MD 20892–8329, 301–496–7904, Federal Advisory Committee Act, as Closed Meetings [email protected]. amended (5 U.S.C. App.), notice is Name of Committee: National Cancer hereby given of the following meetings. Pursuant to section 10(d) of the Institute Special Emphasis Panel; The meetings will be closed to the Federal Advisory Committee Act, as Comprehensive Minority Institution Cancer Center Partnership. public in accordance with the amended (5 U.S.C. App.), notice is Date: June 29–30, 2010. provisions set forth in sections hereby given of the following meetings. Time: 8 a.m. to 5 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meetings will be closed to the Agenda: To review and evaluate grant as amended. The grant applications and public in accordance with the applications. the discussions could disclose provisions set forth in sections Place: Bethesda North Marriott Hotel & confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Conference Center, 5701 Marinelli Road, property such as patentable material, Bethesda, MD 20852. as amended. The grant applications Contact Person: Lalita D. Palekar, PhD, and personal information concerning and/or contract proposals and the individuals associated with the grant Scientific Review Officer, Special Review discussions could disclose confidential and Logistics Branch, Division of Extramural applications, the disclosure of which trade secrets or commercial property Activities, National Cancer Institute, 6116 would constitute a clearly unwarranted such as patentable material, and Executive Boulevard, Room 7141, Bethesda, invasion of personal privacy. personal information concerning MD 20892, 301–496–7575, Name of Committee: National Eye Institute individuals associated with the grant [email protected]. Special Emphasis Panel; NEI Loan applications and/or contract proposals, Name of Committee: National Cancer Repayment Grants. the disclosure of which would Institute Special Emphasis Panel; Date: May 18–19, 2010. constitute a clearly unwarranted Nanotechnology Imaging and Sensing Time: 8:30 a.m. to 5 p.m. invasion of personal privacy. Platforms. Agenda: To review and evaluate grant Date: June 29, 2010. applications. Name of Committee: National Cancer Time: 11 a.m. to 5 p.m. Place: National Eye Institute, 5635 Fishers Institute Special Emphasis Panel; Adult Agenda: To review and evaluate contract Lane, Bethesda, MD (Virtual Meeting). Brain Tumor Consortium. proposals. Contact Person: Daniel R. Kenshalo, PhD, Date: May 20, 2010. Place: National Institutes of Health, 6116 Scientific Review Officer, National Eye Time: 1 p.m. to 2 p.m. Executive Boulevard, Conference Room 707, Institute, National Institutes of Health, 5635 Agenda: To review and evaluate grant Rockville, MD 20852 (Telephone Conference Fishers Lane, Suite 1300, MSC 9300, applications. Call).

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Contact Person: Caron A. Lyman, PhD, DEPARTMENT OF HEALTH AND Advisory Council to be held on May 11– Scientific Review Officer, Research Programs HUMAN SERVICES 12, 2010. Review Branch, Division of Extramural Public notice was published in the Activities, National Cancer Institute, NIH, National Institutes of Health Federal Register on April 27, 2010, Vol. 6116 Executive Blvd., Room 8119, Bethesda, 75, No. 80, page 22147, announcing that MD 20892–8328, 301–451–4761, Center for Scientific Review; Notice of the SAMHSA National Advisory [email protected]. Closed Meeting Council would be convening on May Name of Committee: National Cancer Pursuant to section 10(d) of the 11–12, 2010, at 1 Choke Cherry Road, in Institute Special Emphasis Panel; Bridge to Rockville, Maryland. The meeting can Cancer Therapeutics. Federal Advisory Committee Act, as Date: June 30–July 1, 2010. amended (5 U.S.C. App.), notice is also be accessed by webstream. The Time: 8 a.m. to 6 p.m. hereby given of the following meeting: time of the meeting changed. The May Agenda: To review and evaluate grant The meeting will be closed to the 11 meeting will be held from 9 a.m. to applications. public in accordance with the 5:15 p.m. Eastern Standard Time. The Place: Bethesda North Marriott Hotel & provisions set forth in sections May 12 meeting will be held from 8:30 Conference Center, 5701 Marinelli Road, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., a.m. to 3 p.m. Eastern Standard Time. Bethesda, MD 20852. as amended. The grant applications and The agenda of the meeting and contact Contact Person: Savvas C. Makrides, PhD, the discussions could disclose for additional information remain as Scientific Review Officer, Special Review announced. and Logistics Branch, Division of Extramural confidential trade secrets or commercial Activities, National Cancer Institute, NIH property such as patentable material, Toian Vaughn, 6116 Executive Blvd., Rm 8053, Bethesda, and personal information concerning Committee Management Officer, Substance MD 20892, 301–496–7421, individuals associated with the grant Abuse and Mental Health, Services [email protected]. applications, the disclosure of which Administration. Name of Committee: National Cancer would constitute a clearly unwarranted [FR Doc. 2010–11390 Filed 5–12–10; 8:45 am] Institute Special Emphasis Panel; invasion of personal privacy. BILLING CODE 4162–20–P Transdisciplinary Research in Energetics and Name of Committee: Center for Scientific Cancer. Review Special Emphasis Panel Member Date: July 6–7, 2010. Conflict: Topics in Bioengineering. DEPARTMENT OF HEALTH AND Time: 8 a.m. to 5 p.m. Date: May 24, 2010. HUMAN SERVICES Agenda: To review and evaluate grant Time: 12 p.m. to 3 p.m. applications. Agenda: To review and evaluate grant National Institutes of Health Place: Westin at Old Town Alexandria, 400 applications. Courthouse Square, Alexandria, VA 22314. Place: National Institutes of Health, 6701 National Institute on Aging; Notice of Contact Person: Marvin L. Salin, PhD, Rockledge Drive, Bethesda, MD 20892 Closed Meetings Scientific Review Officer, Special Review (Telephone Conference Call). and Logistics Branch, Division of Extramural Contact Person: Joseph D. Mosca, PhD, Pursuant to section 10(d) of the Activities, National Cancer Institute, NIH, Scientific Review Officer, Center for Federal Advisory Committee Act, as 6116 Executive Boulevard, Room 7073, Scientific Review, National Institutes of amended (5 U.S.C. App.), notice is Bethesda, MD 20892–8329, 301–496–0694, Health, 6701 Rockledge Drive, Room 5158, hereby given of the following meetings: [email protected]. MSC 7808, Bethesda, MD 20892, (301) 435– The meetings will be closed to the Name of Committee: National Cancer 2344, [email protected]. public in accordance with the This notice is being published less than 15 Institute Special Emphasis Panel; AIDS provisions set forth in sections Malignancy Clinical Trials Consortium. days prior to the meeting due to the timing limitations imposed by the review and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: July 8–9, 2010. as amended. The grant applications and Time: 8:30 a.m. to 5 p.m. funding cycle. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance the discussions could disclose applications. Program Nos. 93.306, Comparative Medicine; confidential trade secrets or commercial Place: Legacy Hotel and Meeting Center, 93.333, Clinical Research, 93.306, 93.333, property such as patentable material, 1775 Rockville Pike, Rockville, MD 20852. 93.337, 93.393–93.396, 93.837–93.844, and personal information concerning Contact Person: Joyce C. Pegues, B.S., B.A., 93.846–93.878, 93.892, 93.893, National individuals associated with the grant PhD, Scientific Review Officer, Special Institutes of Health, HHS) applications, the disclosure of which Review and Logistics Branch, Division of Dated: May 7, 2010. would constitute a clearly unwarranted Extramural Activities, National Cancer Jennifer Spaeth, invasion of personal privacy. Institute, NIH, 6116 Executive Boulevard, Room 7149, Bethesda, MD 20892–8329, 301– Director, Office of Federal Advisory Name of Committee: National Institute on 594–1286, [email protected]. Committee Policy. Aging Special Emphasis Panel; Nutrient Signaling II. (Catalogue of Federal Domestic Assistance [FR Doc. 2010–11515 Filed 5–12–10; 8:45 am] BILLING CODE 4140–01–P Date: June 14, 2010. Program Nos. 93.392, Cancer Construction; Time: 12 p.m. to 3 p.m. 93.393, Cancer Cause and Prevention Agenda: To review and evaluate grant Research; 93.394, Cancer Detection and applications. Diagnosis Research; 93.395, Cancer DEPARTMENT OF HEALTH AND Place: National Institute on Aging, Treatment Research; 93.396, Cancer Biology HUMAN SERVICES Gateway Building, 7201 Wisconsin Avenue, Research; 93.397, Cancer Centers Support; Suite 2C212, Bethesda, MD 20892 93.398, Cancer Research Manpower; 93.399, Substance Abuse and Mental Health (Telephone Conference Call). Cancer Control, National Institutes of Health, Services Administration Contact Person: Elaine Lewis, PhD, HHS) Scientific Review Branch, National Institute Dated: May 7, 2010. Notice: Amendment of Meeting Time on Aging, Gateway Building, Suite 2C212, MSC–9205, 7201 Wisconsin Avenue, Jennifer Spaeth, Pursuant to Public Law 92–463, Bethesda, MD 20892, 301–402–7707, Director, Office of Federal Advisory notice is hereby given of an amendment [email protected]. Committee Policy. of the meeting of the Substance Abuse Name of Committee: National Institute on [FR Doc. 2010–11473 Filed 5–12–10; 8:45 am] and Mental Health Services Aging Special Emphasis Panel; Pathobiology BILLING CODE 4140–01–P Administration (SAMHSA) National of Alzheimer’s Disease.

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Date: June 18, 2010. Suite 2C212, Bethesda, MD 20892 Scientific Review, National Institutes of Time: 12 p.m. to 4:30 p.m. (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4116, Agenda: To review and evaluate grant Contact Person: Elaine Lewis, PhD, MSC 7814, Bethesda, MD 20892, 301–496– applications. Scientific Review Branch, National Institute 8551, [email protected]. Place: National Institute on Aging, on Aging, Gateway Building, Suite 2C212, Name of Committee: Molecular, Cellular Gateway Building, 7201 Wisconsin Avenue, MSC–9205, 7201 Wisconsin Avenue, and Developmental Neuroscience Integrated Suite 2C212, Bethesda, MD 20892 Bethesda, MD 20892, 301–402–7707, Review Group, Neurogenesis and Cell Fate (Telephone Conference Call). [email protected]. Study Section. Contact Person: Alexander Parsadanian, Name of Committee: National Institute on Date: June 3, 2010. PhD, Scientific Review Officer, National Aging Special Emphasis Panel; Chromatin Time: 8 a.m. to 5 p.m. Institute on Aging, Gateway Building 2C/212, Status and Aging. Agenda: To review and evaluate grant 7201 Wisconsin Avenue, Bethesda, MD Date: July 20, 2010. applications. 20892, 301–496–9666, Time: 1 p.m. to 5 p.m. Place: Beacon Hotel and Corporate [email protected]. Agenda: To review and evaluate grant Quarters, 1615 Rhode Island Avenue, NW., Name of Committee: National Institute on applications. Washington, DC 20036. Aging Special Emphasis Panel; Pathogenesis Place: National Institute on Aging, Contact Person: Joanne T Fujii, PhD, and Treatment of Tau Mediated Gateway Building, 7201 Wisconsin Avenue, Scientific Review Officer, Center for Neurodegeneration. Suite 2C212, Bethesda, MD 20892 Scientific Review, National Institutes of Date: June 21, 2010. (Telephone Conference Call). Health, 6701 Rockledge Drive, Room 4184, Time: 1:30 p.m. to 4:30 p.m. Contact Person: Elaine Lewis, PhD, MSC 7850, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Scientific Review Branch, National Institute 1178, [email protected]. on Aging, Gateway Building, Suite 2C212, applications Name of Committee: Oncology 1—Basic MSC–9205, 7201 Wisconsin Avenue, Place: National Institute on Aging, Translational Integrated Review Group, Bethesda, MD 20892, 301–402–7707, Gateway Building, 7201 Wisconsin Avenue, Cancer Genetics Study Section. [email protected]. Suite 2C212, Bethesda, MD 20892 Date: June 3–4, 2010. (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Time: 8 a.m. to 5 p.m. Contact Person: Alexander Parsadanian, Program Nos. 93.866, Aging Research, Agenda: To review and evaluate grant PhD, Scientific Review Officer, National National Institutes of Health, HHS) applications. Institute on Aging, Gateway Building 2C/212, Dated: May 7, 2010. Place: Doubletree Hotel Washington, 1515 7201 Wisconsin Avenue, Bethesda, MD Jennifer Spaeth Rhode Island Avenue, NW., Washington, DC 20892, 301–496–9666, 20005. Director, Office of Federal Advisory [email protected]. Contact Person: Steven F. Nothwehr, PhD, Committee Policy. Name of Committee: National Institute on Scientific Review Officer, Center for Aging Special Emphasis Panel; Development [FR Doc. 2010–11514 Filed 5–12–10; 8:45 am] Scientific Review, National Institutes of for Alzheimer’s Disease 2010/10. BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 5183, Date: June 24, 2010. MSC 7840, Bethesda, MD 20892, 301–435– Time: 1 p.m. to 2:30 p.m. 2492, [email protected]. Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Name of Committee: Endocrinology, applications. HUMAN SERVICES Metabolism, Nutrition and Reproductive Place: National Institute on Aging, Sciences Integrated Review Group, Clinical Gateway Building, 7201 Wisconsin Avenue, National Institutes of Health and Integrative Diabetes and Obesity Study Suite 2C212, Bethesda, MD 20892 Section. (Telephone Conference Call). Center for Scientific Review; Notice of Date: June 3–4, 2010. Contact Person: Alexander Parsadanian, Closed Meetings Time: 8 a.m. to 5 p.m. PhD, Scientific Review Officer, National Agenda: To review and evaluate grant Institute on Aging, Gateway Building 2C/212, Pursuant to section 10(d) of the applications. 7201 Wisconsin Avenue, Bethesda, MD Federal Advisory Committee Act, as Place: Hyatt Regency Bethesda, One 20892, 301–496–9666, amended (5 U.S.C. App.), notice is Bethesda Metro Center, 7400 Wisconsin [email protected]. hereby given of the following meetings: Avenue, Bethesda, MD 20814. Name of Committee: National Institute on The meetings will be closed to the Contact Person: Nancy Sheard, SCD, Aging Special Emphasis Panel; Pathogenesis public in accordance with the Scientific Review Officer, Center for of Age-Dependent CNS Degeneration. provisions set forth in sections Scientific Review, National Institutes of Date: June 29, 2010. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 6046–E, Time: 12 p.m. to 4:30 p.m. as amended. The grant applications and MSC 7892, Bethesda, MD 20892, (301) 435– 1154, [email protected]. Agenda: To review and evaluate grant the discussions could disclose applications. confidential trade secrets or commercial Name of Committee: Molecular, Cellular Place: National Institute on Aging, property such as patentable material, and Developmental Neuroscience Integrated Gateway Building, 7201 Wisconsin Avenue, Review Group, Synapses, Cytoskeleton and Suite 2C212, Bethesda, MD 20892 and personal information concerning Trafficking Study Section. (Telephone Conference Call). individuals associated with the grant Date: June 3–4, 2010. Contact Person: Alexander Parsadanian, applications, the disclosure of which Time: 8 a.m. to 5 p.m. PhD, Scientific Review Officer, National would constitute a clearly unwarranted Agenda: To review and evaluate grant Institute on Aging, Gateway Building 2C/212, invasion of personal privacy. applications. 7201 Wisconsin Avenue, Bethesda, MD Place: The Westin St. Francis, 335 Powell Name of Committee: Musculoskeletal, Oral 20892, 301–496–9666, and Skin Sciences Integrated Review Group, Street, San Francisco, CA 94102. [email protected]. Skeletal Muscle and Exercise Physiology Contact Person: Jonathan K. Ivins, PhD, Name of Committee: National Institute on Study Section. Scientific Review Officer, Center for Aging Special Emphasis Panel; Protein Date: June 3–4, 2010. Scientific Review, National Institutes of Quality Control. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4186, Date: July 9, 2010. Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, (301) 594– Time: 12 p.m. to 4 p.m. applications. 1245, [email protected]. Agenda: To review and evaluate grant Place: Doubletree Hotel Bethesda, 8120 Name of Committee: Center for Scientific applications. Wisconsin Avenue, Bethesda, MD 20814. Review Special Emphasis Panel, ARRA: Place: National Institute on Aging, Contact Person: Richard Ingraham, PhD, Nursing and Related Science Competitive Gateway Building, 7201 Wisconsin Avenue, Scientific Review Officer, Center for Revisions.

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Date: June 3, 2010. Scientific Review, National Institutes of Date: June 4, 2010. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3048F, Time: 1 p.m. to 2 p.m. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, 301–408– Agenda: To review and evaluate grant applications. 9046, [email protected]. applications. Place: W. Chicago-Lakeshore, 644 North Name of Committee: Center for Scientific Place: The Allerton Hotel, 701 North Lake Shore Drive, Chicago, IL 60611. Review Special Emphasis Panel, ARRA: Michigan Avenue, Chicago, IL 60611. Contact Person: Karin F. Helmers, PhD, Molecular and Cellular Endocrinology Contact Person: Dana Jeffrey Plude, PhD, Scientific Review Officer, Center for Competitive Revisions. Scientific Review Officer, Center for Scientific Review, National Institutes of Date: June 3, 2010. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3166, Time: 4:30 p.m. to 5:30 p.m. Health, 6701 Rockledge Drive, Room 3176, MSC 7770, Bethesda, MD 20892, 301–254– Agenda: To review and evaluate grant MSC 7848, Bethesda, MD 20892, 301–435– 9975, [email protected]. applications. 2309, [email protected]. Name of Committee: Center for Scientific Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, ARRA: Review Special Emphasis Panel, PAR–08– Neurogenesis and Cell Fate Competitive Avenue, Bethesda, MD 20814. 062: Alzheimer’s Disease Pilot Clinical Revisions. Contact Person: Robert Garofalo, PhD, Trials. Date: June 3, 2010. Scientific Review Officer, Center for Date: June 4, 2010. Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Time: 2 p.m. to 3 p.m. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6156, Agenda: To review and evaluate grant applications. MSC 7892, Bethesda, MD 20892, 301–435– Place: Beacon Hotel and Corporate 1043, [email protected]. applications. Place: The Allerton Hotel, 701 North Quarters, 1615 Rhode Island Avenue, NW., Name of Committee: Population Sciences Michigan Avenue, Chicago, IL 60611. Washington, DC 20036. and Epidemiology Integrated Review Group, Contact Person: Dana Jeffrey Plude, PhD, Contact Person: Joanne T Fujii, PhD, Behavioral Genetics and Epidemiology Study Scientific Review Officer, Center for Section. Scientific Review Officer, Center for Scientific Review, National Institutes of Date: June 4, 2010. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4184, Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3176, MSC 7850, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant MSC 7848, Bethesda, MD 20892, 301–435– 1178, [email protected]. applications. 2309, [email protected]. Name of Committee: Endocrinology, Place: W Seattle, 1112 4th Avenue, Seattle, Name of Committee: Center for Scientific Metabolism, Nutrition and Reproductive WA 98101. Review Special Emphasis Panel, Sciences Integrated Review Group, Molecular Contact Person: Elisabeth Koss, PhD, Collaborative: Clinical and Services Studies and Cellular Endocrinology Study Section. Scientific Review Officer, Center for of Mental Disorders, AIDS and Alcohol Use Date: June 3, 2010. Scientific Review, National Institutes of Disorders. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 3152, Date: June 4, 2010. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 435– Time: 3 p.m. to 4 p.m. applications. 1721, [email protected]. Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific applications. Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel, Social Place: W Seattle, 1112 4th Avenue, Seattle, Avenue, Bethesda, MD 20814. Science and Population Studies Revision WA 98101. Contact Person: Robert Garofalo, PhD, Applications. Contact Person: Elisabeth Koss, PhD, Scientific Review Officer, Center for Date: June 4, 2010. Scientific Review Officer, Center for Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6156, Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3139, MSC 7892, Bethesda, MD 20892, 301–435– applications. MSC 7770, Bethesda, MD 20892, (301) 435– 1043, [email protected]. Place: Courtyard by Marriott Magnificent 1721, [email protected]. Name of Committee: Center for Scientific Mile Chicago, 165 E. Ontario Street, Chicago, Name of Committee: Center for Scientific Review Special Emphasis Panel, Member IL 60611. Review Special Emphasis Panel, Genomic Conflict: Cancer Drug Development and Contact Person: Valerie Durrant, PhD, Studies of Phenotypes and Endophenotypes. Immunotherapy. Scientific Review Officer, Center for Date: June 4, 2010. Date: June 3, 2010. Scientific Review, National Institutes of Time: 12 p.m. to 2 p.m. Health, 6701 Rockledge Drive, Room 3148, Time: 11 a.m. to 1 p.m. Agenda: To review and evaluate grant MSC 7770, Bethesda, MD 20892, (301) 408– Agenda: To review and evaluate grant applications. 9882, [email protected]. applications. Place: W Seattle, 1112 4th Avenue, Seattle, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific WA 98101. Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, ARRA: Contact Person: Elisabeth Koss, PhD, (Telephone Conference Call). Clinical and Integrative Diabetes and Obesity Scientific Review Officer, Center for Contact Person: Sharon K. Gubanich, PhD, Competitive Revisions. Scientific Review, National Institutes of Scientific Review Officer, Center for Date: June 4, 2010. Health, 6701 Rockledge Drive, Room 3139, Scientific Review, National Institutes of Time: 10 a.m. to 12 p.m. MSC 7770, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 6214, Agenda: To review and evaluate grant 1721, [email protected]. MSC 7804, Bethesda, MD 20892, (301) 435– applications. 1767, [email protected]. Place: Hyatt Regency Bethesda, One (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; Name of Committee: Center for Scientific Bethesda Metro Center, 7400 Wisconsin 93.333, Clinical Research, 93.306, 93.333, Review Special Emphasis Panel, ARRA: Avenue, Bethesda, MD 20814. 93.337, 93.393–93.396, 93.837–93.844, Community Influences on Health Behavior Contact Person: Nancy Sheard, SCD, 93.846–93.878, 93.892, 93.893, National Competitive Revisions. Scientific Review Officer, Center for Date: June 3, 2010. Scientific Review, National Institutes of Institutes of Health, HHS) Time: 2 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 6046–E, Dated: May 6, 2010. MSC 7892, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Jennifer Spaeth, applications. 1154, [email protected]. Director, Office of Federal Advisory Place: W. Chicago-Lakeshore, 644 North Name of Committee: Center for Scientific Committee Policy. Lake Shore Drive, Chicago, IL 60611. Review Special Emphasis Panel, ARRA: Contact Person: Ellen K. Schwartz, EDD, Adult Psychopathology and Disorders of [FR Doc. 2010–11477 Filed 5–12–10; 8:45 am] MBA, Scientific Review Officer, Center for Aging Competitive Revisions. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND 20817), Bethesda, MD 20892, 301–435–1715, Place: Hilton Alexandria Old Town, 1767 HUMAN SERVICES [email protected]. King Street, Alexandria, VA 22314. Name of Committee: Endocrinology, Contact Person: Lawrence Ka-Yun Ng, National Institutes of Health Metabolism, Nutrition and Reproductive PhD, Scientific Review Officer, Center for Sciences Integrated Review Group, Scientific Review, National Institutes of Center for Scientific Review; Notice of Integrative and Clinical Endocrinology and Health, 6701 Rockledge Drive, Room 6152, MSC 7804, Bethesda, MD 20892, 301–435– Closed Meetings Reproduction Study Section. Date: June 7–8, 2010. 1719, [email protected]. Pursuant to section 10(d) of the Time: 8 a.m. to 5 p.m. Name of Committee: Biobehavioral and Federal Advisory Committee Act, as Agenda: To review and evaluate grant Behavioral Processes Integrated Review amended (5 U.S.C. App.), notice is applications. Group, Language and Communication Study Place: Hilton Hotel and Executive Meeting Section. hereby given of the following meetings: Date: June 7, 2010. The meetings will be closed to the Center, 1750 Rockville Pike, Rockville, MD 20852. Time: 8 a.m. to 6 p.m. public in accordance with the Contact Person: David Weinberg, PhD, Agenda: To review and evaluate grant provisions set forth in sections Scientific Review Officer, Center for applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of Place: Hyatt Regency Hotel on Capitol Hill, as amended. The grant applications and Health, 6701 Rockledge Drive, Room 6170, 400 New Jersey Avenue, NW., Washington, the discussions could disclose MSC 7892, Bethesda, MD 20892, 301–435– DC 20001. confidential trade secrets or commercial 1044, [email protected]. Contact Person: Weijia Ni, PhD, Scientific Review Officer, Center for Scientific Review, property such as patentable material, Name of Committee: Brain Disorders and National Institutes of Health, 6701 Rockledge and personal information concerning Clinical Neuroscience Integrated Review Drive, Room 3184, MSC 7848, Bethesda, MD individuals associated with the grant Group, Acute Neural Injury and Epilepsy 20892, (301) 237–9918, [email protected]. Study Section. applications, the disclosure of which Name of Committee: Digestive, Kidney and would constitute a clearly unwarranted Date: June 7–8, 2010. Time: 8 a.m. to 5 p.m. Urological Systems Integrated Review Group, Cellular and Molecular Biology of the Kidney invasion of personal privacy. Agenda: To review and evaluate grant Study Section. Name of Committee: Center for Scientific applications. Date: June 7, 2010. Review Special Emphasis Panel, PAR–10– Place: Washington Plaza Hotel, 10 Thomas Time: 8 a.m. to 6 p.m. 016: Enabling Technologies in DNA Repair Circle, NW., Washington, DC 20005. Agenda: To review and evaluate grant Research. Contact Person: Seetha Bhagavan, PhD, applications. Date: June 7, 2010. Scientific Review Officer, Center for Place: Hyatt at Fisherman’s Wharf, 555 Time: 8 a.m. to 6 p.m. Scientific Review, National Institutes of North Point Street, San Francisco, CA 94133. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5194, Contact Person: Bonnie L. Burgess-Beusse, applications. MSC 7846, Bethesda, MD 20892, (301) 237– PhD, Scientific Review Officer, Center for Place: One Washington Circle Hotel, One 9838, [email protected]. Scientific Review, National Institutes of Washington Circle, NW., Washington, DC Name of Committee: Cardiovascular and Health, 6701 Rockledge Drive, Room 2182, 20037. Respiratory Sciences Integrated Review MSC 7818, Bethesda, MD 20892, 301–435– Contact Person: Barbara Whitmarsh, PhD, Group, Myocardial Ischemia and Metabolism 1783, [email protected]. Scientific Review Officer, Center for Study Section. Name of Committee: Biological Chemistry Scientific Review, National Institutes of Date: June 7–8, 2010. and Macromolecular Biophysics Integrated Health, 6701 Rockledge Drive, Room 2206, Time: 8 a.m. to 5 p.m. Review Group, Synthetic and Biological MSC 7890, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant Chemistry A Study Section. 4511, [email protected]. applications. Date: June 7–8, 2010. Name of Committee: Vascular and Place: Latham Hotel, 3000 M Street, NW., Time: 8 a.m. to 5 p.m. Hematology Integrated Review Group, Washington, DC 20007. Agenda: To review and evaluate grant Atherosclerosis and Inflammation of the Contact Person: Joseph Thomas Peterson, applications. Cardiovascular System Study Section. PhD, Scientific Review Officer, Center for Place: Willard InterContinental, 1401 Date: June 7–8, 2010. Scientific Review, National Institutes of Pennsylvania Avenue, NW., Washington, DC Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4118, 20004. Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892, 301–443– Contact Person: Mike Radtke, PhD, applications. 8130, [email protected]. Scientific Review Officer, Center for Place: Embassy Suites at the Chevy Chase Name of Committee: Genes, Genomes, and Scientific Review, National Institutes of Pavilion, 4300 Military Road, NW., Genetics Integrated Review Group, Molecular Health, 6701 Rockledge Drive, Room 4176, Washington, DC 20015. Genetics A Study Section. MSC 7806, Bethesda, MD 20892, 301–435– Contact Person: Larry Pinkus, PhD, Date: June 7–8, 2010. 1728, [email protected]. Scientific Review Officer, Center for Time: 8 a.m. to 6 p.m. Name of Committee: Brain Disorders and Scientific Review, National Institutes of Agenda: To review and evaluate grant Clinical Neuroscience Integrated Review Health, 6701 Rockledge Drive, Room 4132, applications. Group, Anterior Eye Disease Study Section. MSC 7802, Bethesda, MD 20892, (301) 435– Place: The Renaissance Hotel, 1143 New Date: June 7–8, 2010. 1214, [email protected]. Hampshire Avenue, NW., Washington, DC Time: 8 a.m. to 5 p.m. Name of Committee: Oncology 1–Basic 20037. Agenda: To review and evaluate grant Translational Integrated Review Group, Contact Person: Michael M. Sveda, PhD, applications. Tumor Cell Biology Study Section. Scientific Review Officer, Center for Place: Washington Plaza Hotel, 10 Thomas Date: June 7–8, 2010. Scientific Review, National Institutes of Circle, NW., Washington, DC 20005. Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 1114, Contact Person: Jerry L. Taylor, PhD, Agenda: To review and evaluate grant MSC 7890, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for applications. 3565, [email protected]. Scientific Review, National Institutes of Place: Hotel Monaco, 700 F Street, NW., Name of Committee: Oncology 2— Health, 6701 Rockledge Drive, Room 5202, Washington, DC 20001. Translational Clinical Integrated Review MSC 7846, Bethesda, MD 20892, 301–435– Contact Person: Angela Y. Ng, PhD, MBA, Group, Cancer Biomarkers Study Section. 1175, [email protected]. Scientific Review Officer, Center for Date: June 7–8, 2010. Name of Committee: Genes, Genomes, and Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Genetics Integrated Review Group, Ethical, Health, 6701 Rockledge Drive, Room 6200, Agenda: To review and evaluate grant Legal, and Social Implications of Human MSC 7804, (For courier delivery, use MD applications. Genetics Study Section.

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Date: June 7, 2010. Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel, Topics in HUMAN SERVICES Agenda: To review and evaluate grant Synthetic Chemistry. applications. Date: June 7–8, 2010. Administration for Children and Place: Hyatt Regency Bethesda, One Time: 8 a.m. to 5 p.m. Families Bethesda Metro Center, 7400 Wisconsin Agenda: To review and evaluate grant Avenue, Bethesda, MD 20814. applications. Contact Person: Rudy O. Pozzatti, PhD, Place: Willard InterContinental, 1401 Notice of Public Comment on Tribal Scientific Review Officer, Scientific Review Pennsylvania Avenue, NW., Washington, DC Consultation Sessions Branch, National Human Genome Research 20004. AGENCY: Office of Head Start (OHS), Institute, 5635 Fishers Lane, Suite 4076, MSC Contact Person: James W. Mack, PhD, 9306, Rockville, MD 20852, (301) 402–0838, Scientific Review Officer, Center for HHS. [email protected]. Scientific Review, National Institutes of ACTION: Notice of Public Comment on Name of Committee: Oncology 1—Basic Health, 6701 Rockledge Drive, Room 4154, Tribal Consultation Sessions to be held Translational Integrated Review Group, MSC 7806, Bethesda, MD 20892, (301) 435– on June 16, June 29, July 15, July 30, Molecular Oncogenesis Study Section. 2037, [email protected]. August 16, August 27, October 18, and Date: June 7–8, 2010. Name of Committee: Center for Scientific October 20, 2010. Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Anterior Eye Agenda: To review and evaluate grant Disease. SUMMARY: Pursuant to the Improving applications. Date: June 7, 2010. Head Start for School Readiness Act of Place: Hotel Nikko, 222 Mason Street, San Time: 1 p.m. to 2 p.m. 2007, Public Law 110–134, notice is Francisco, CA 94102. Agenda: To review and evaluate grant Contact Person: Nywana Sizemore, PhD, applications. hereby given of one-day Tribal Scientific Review Officer, Center for Place: Washington Plaza Hotel, 10 Thomas Consultation Sessions to be held Scientific Review, National Institutes of Circle, NW., Washington, DC 20005. between the Department of Health and Health, 6701 Rockledge Drive, Room 6204, Contact Person: Samuel C. Edwards, PhD, Human Services, Administration for MSC 7804, Bethesda, MD 20892, 301–435– Chief, Center for Scientific Review, National Children and Families, Office of Head 1718, [email protected]. Institutes of Health, 6701 Rockledge Drive, Start leadership and the leadership of Name of Committee: Brain Disorders and Room 5210, MSC 7846, Bethesda, MD 20892, Tribal Governments operating Head Clinical Neuroscience Integrated Review (301) 435–1246, [email protected]. Start (including Early Head Start) Group, Developmental Brain Disorders Study Name of Committee: Center for Scientific programs. The purpose of these Section. Review Special Emphasis Panel, ARRA: Consultation Sessions is to discuss ways Date: June 7–8, 2010. Language and Communication Competitive Time: 8 a.m. to 5 p.m. Revisions. to better meet the needs of American Agenda: To review and evaluate grant Date: June 7, 2010. Indian and Alaska Native children and applications. Time: 4 p.m. to 6 p.m. their families, taking into consideration Place: Beacon Hotel and Corporate Agenda: To review and evaluate grant funding allocations, distribution Quarters, 1615 Rhode Island Avenue, NW., applications. formulas, and other issues affecting the Washington, DC 20036. Place: Hyatt Regency Hotel on Capitol Hill, delivery of Head Start services in their Contact Person: Pat Manos, PhD, Scientific 400 New Jersey Avenue, NW., Washington, geographic locations [42 U.S.C. 9835, Review Officer, Center for Scientific Review, DC 20001. Contact Person: Weijia Ni, PhD, Scientific Section 640(l)(4)]. National Institutes of Health, 6701 Rockledge Dates & Locations: The Tribal Drive, Room 5200, MSC 7846, Bethesda, MD Review Officer, Center for Scientific Review, 20892, 301–408–9866, [email protected]. National Institutes of Health, 6701 Rockledge Consultation Sessions will be held as Name of Committee: Cell Biology Drive, Room 3190, MSC 7848, (for overnight follows: mail use room # and 20817 zip), Bethesda, Integrated Review Group, Cellular Signaling June 16, 2010—San Diego, California. MD 20892, (301) 435–1507, [email protected]. and Regulatory Systems Study Section. June 29, 2010—Rock Hill, South Date: June 7–8, 2010. Name of Committee: Center for Scientific Carolina. Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, July 15, 2010—Green Bay, Wisconsin. Agenda: To review and evaluate grant Collaborative: Risk Assessment for Autism July 30, 2010—Tulsa, Oklahoma. applications. Spectrum Disorders. August 16, 2010—Boston, Place: One Washington Circle Hotel, One Date: June 7, 2010. Time: 12 p.m. to 1 p.m. Massachusetts. Washington Circle, NW., Washington, DC August 27, 2010—Rapid City, South 20037. Agenda: To review and evaluate grant applications. Dakota. Contact Person: Elena Smirnova, PhD, October 18, 2010—Auburn, Washington. Scientific Review Officer, Center for Place: Beacon Hotel and Corporate Scientific Review, National Institutes of Quarters, 1615 Rhode Island Avenue, NW., October 20, 2010—Fairbanks, Alaska. Health, 6701 Rockledge Drive, Room 5187, Washington, DC 20036. FOR FURTHER INFORMATION CONTACT: MSC 7840, Bethesda, MD 20892, 301–357– Contact Person: Pat Manos, PhD, Scientific Trevondia Boykin, Head Start Program 9112, [email protected]. Review Officer, Center for Scientific Review, Specialist, Office of Head Start, e-mail National Institutes of Health, 6701 Rockledge Name of Committee: Molecular, Cellular Drive, Room 5200, MSC 7846, Bethesda, MD [email protected] or phone and Developmental Neuroscience Integrated 20892, 301–408–9866, [email protected]. (202) 205–7830. Additional information Review Group, Neural Oxidative Metabolism and online meeting registration is and Death Study Section. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; available at http:// Date: June 7, 2010. www.headstartresourcecenter.org. Time: 8 a.m. to 7 p.m. 93.333, Clinical Research, 93.306, 93.333, Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, SUPPLEMENTARY INFORMATION: The applications. 93.846–93.878, 93.892, 93.893, National Department of Health and Human Institutes of Health, HHS) Place: Mayflower Park Hotel, 405 Olive Services (HHS) would like to invite Way, Seattle, WA 98101. Dated: May 7, 2010. leaders of Tribal Governments operating Contact Person: Carol Hamelink, PhD, Jennifer Spaeth, Head Start (including Early Head Start) Scientific Review Officer, Center for Director, Office of Federal Advisory Scientific Review, National Institutes of programs to participate in a formal Committee Policy. Health, 6701 Rockledge Drive, Room 4192, Consultation Session with OHS MSC 7850, Bethesda, MD 20892, (301) 213– [FR Doc. 2010–11475 Filed 5–12–10; 8:45 am] leadership. The Consultation Sessions 9887, [email protected]. BILLING CODE 4140–01–P will take place June 16, 2010, in San

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Diego, California; June 29, 2010, in Rock the Head Start Resource Center Web site affected Federal agencies to submit Hill, South Carolina; July 15, 2010, in at http:// written comments and suggestions on Green Bay, Wisconsin; July 30, 2010, in www.headstartresourcecenter.org. proposed and/or continuing information Tulsa, Oklahoma; August 16, 2010, in Dated: May 7, 2010. collection requests pursuant to the Boston, Massachusetts; August 27, 2010, Yvette Sanchez Fuentes, Paperwork Reduction Act (Pub. L.104– in Rapid City, South Dakota; October 18, 13). Your comments should address one Director, Office of Head Start. 2010, in Auburn, Washington; and of the following four points: October 20, 2010 in Fairbanks, Alaska. [FR Doc. 2010–11412 Filed 5–12–10; 8:45 am] (1) Evaluate whether the proposed The purpose of Tribal Consultation BILLING CODE 4184–40–P collection of information is necessary Sessions is to solicit input on ways to for the proper performance of the better meet the needs of American functions of the agency/component, Indian and Alaska Native children and DEPARTMENT OF HOMELAND including whether the information will families, taking into consideration SECURITY have practical utility; funding allocations, distribution (2) Evaluate the accuracy of the formulas, and other issues affecting the Customs and Border Protection agencies/components estimate of the delivery of Head Start services in their Agency Information Collection burden of the proposed collection of geographic locations. information, including the validity of The agendas for the Tribal Activities: African Growth and Opportunity Act Certificate of Origin the methodology and assumptions used; Consultation Sessions will be developed (3) Enhance the quality, utility, and in conjunction with the HHS Regional AGENCY: U.S. Customs and Border clarity of the information to be Tribal Planning Committees. Tribal Protection, Department of Homeland collected; and leaders and designated representatives Security. (4) Minimize the burden of the interested in submitting written ACTION: 30-Day notice and request for collections of information on those who testimony or proposing agenda topics comments; Extension of an existing are to respond, including the use of for a specific Consultation Session information collection: 1651–0082. appropriate automated, electronic, should contact Trevondia Boykin at mechanical, or other technological [email protected] at least SUMMARY: U.S. Customs and Border techniques or other forms of three days in advance of the Session. Protection (CBP) of the Department of information. Proposals should include a brief Homeland Security has submitted the Title: African Growth and description of the topic area along with following information collection request Opportunity Act Certificate of Origin. the name and contact information of the to the Office of Management and Budget OMB Number: 1651–0082. suggested presenter. (OMB) for review and approval in Form Number: None. The Consultation Sessions will be accordance with the Paperwork Abstract: The information collected is conducted with elected or appointed Reduction Act: African Growth and used to verify eligibility for duty leaders of Tribal Governments and their Opportunity Act Certificate of Origin preferences under the provisions of designated representatives [42 U.S.C. (AGOA). This is a proposed extension of AGOA. It is provided for under 19 CFR 9835, Section 640(l)(4)(A)]. Designees an information collection that was 10.214, 10.215, and 10.216. Specifically, must have a letter from the Tribal previously approved. CBP is proposing this program provides duty-free Government authorizing them to that this information collection be treatment under the Generalized System represent the Tribe. The letter should be extended with a change to the burden of Preferences (GSP) to sensitive articles submitted at least three days in advance hours. This document is published to normally excluded from GSP duty of the Consultation Session to obtain comments from the public and treatment. It also provides for the entry Trevondia Boykin at (202) 205-9721 affected agencies. This proposed of specific textile and apparel articles (fax). Other representatives of Tribal information collection was previously free of duty and free of any quantitative organizations and Native nonprofit published in the Federal Register (75 limits from the countries of sub-Saharan organizations are welcome to attend as FR 9423) on March 2, 2010, allowing for Africa. The burden hours were reduced observers. a 60-day comment period. This notice for this information collection because A detailed report of each Consultation allows for an additional 30 days for trade with African countries has Session will be prepared and made public comments. This process is dropped 15 percent, resulting in few available within 90 days of the conducted in accordance with 5 CFR claims under the AGOA program. Consultation Session to all Tribal 1320.10. Current Actions: This submission is Governments receiving funds for Head being made to extend the expiration Start (including Early Head Start) DATES: Written comments should be received on or before June 14, 2010. date with a change to the burden hours. programs. Tribes wishing to submit Type of Review: Extension (with ADDRESSES: written testimony for the report should Interested persons are change). send testimony to Trevondia Boykin at invited to submit written comments on Affected Public: Businesses. [email protected] either this proposed information collection to Estimated Number of Respondents: prior to the Consultation Session or the Office of Information and Regulatory 375. within 30 days after the meeting. Affairs, Office of Management and Estimated Number of Responses per Written testimony submitted to OHS Budget. Comments should be addressed Respondent: 70. will be included in the report appendix. to the OMB Desk Officer for Customs Estimated Number of Total Annual Oral testimony and comments from the and Border Protection, Department of Responses: 26,250. Consultation Session will be Homeland Security, and sent via Estimated Time per Response: 20 summarized in the report without electronic mail to minutes. attribution, along with topics of concern [email protected] or faxed Estimated Total Annual Burden and recommendations. to (202) 395–5806. Hours: 8,925. Hotel and logistical information for all SUPPLEMENTARY INFORMATION: U.S. If additional information is required, Consultation Sessions has been sent to Customs and Border Protection (CBP) contact: Tracey Denning, U.S. Customs Tribal leaders via e-mail and posted on encourages the general public and and Border Protection, Office of

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Regulations and Rulings, 799 9th Street, (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, NW., 7th Floor, Washington, DC 20229– Hazard Mitigation Grant. Hazard Mitigation Grant. 1177, at 202–325–0265. W. Craig Fugate, W. Craig Fugate, Dated: May 10, 2010. Administrator, Federal Emergency Administrator, Federal Emergency Tracey Denning, Management Agency. Management Agency. Agency Clearance Officer, U.S. Customs and [FR Doc. 2010–11503 Filed 5–12–10; 8:45 am] [FR Doc. 2010–11504 Filed 5–12–10; 8:45 am] Border Protection. BILLING CODE 9111–23–P BILLING CODE 9111–23–P [FR Doc. 2010–11469 Filed 5–12–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Federal Emergency Management Agency Agency Federal Emergency Management [Internal Agency Docket No. FEMA–1909– Agency [Internal Agency Docket No. FEMA–1909– DR; Docket ID FEMA–2010–0002] DR; Docket ID FEMA–2010–0002] [Internal Agency Docket No. FEMA–1909– Tennessee; Amendment No. 3 to DR; Docket ID FEMA–2010–0002] Tennessee; Amendment No. 2 to Notice of a Major Disaster Declaration Notice of a Major Disaster Declaration Tennessee; Amendment No. 1 to AGENCY: Federal Emergency Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice ACTION: Notice. of a major disaster declaration for the SUMMARY: This notice amends the notice State of Tennessee (FEMA–1909–DR), SUMMARY: This notice amends the notice of a major disaster declaration for the dated May 4, 2010, and related of a major disaster declaration for the State of Tennessee (FEMA–1909–DR), determinations. State of Tennessee (FEMA–1909–DR), dated May 4, 2010, and related DATES: dated May 4, 2010, and related determinations. Effective Date: May 6, 2010. determinations. FOR FURTHER INFORMATION CONTACT: DATES: Effective Date: May 5, 2010. Peggy Miller, Recovery Directorate, DATES: Effective Date: May 5, 2010. Federal Emergency Management FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate, Agency, 500 C Street, SW., Washington, Peggy Miller, Recovery Directorate, DC 20472, (202) 646–3886. Federal Emergency Management Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice Agency, 500 C Street, SW., Washington, Agency, 500 C Street, SW., Washington, of a major disaster declaration for the DC 20472, (202) 646–3886. DC 20472, (202) 646–3886. State of Tennessee is hereby amended to SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice include the following areas among those of a major disaster declaration for the of a major disaster declaration for the areas determined to have been adversely State of Tennessee is hereby amended to State of Tennessee is hereby amended to affected by the event declared a major include the following areas among those include the following areas among those disaster by the President in his areas determined to have been adversely areas determined to have been adversely declaration of May 4, 2010. affected by the event declared a major affected by the event declared a major disaster by the President in his disaster by the President in his Carroll, Crockett, Decatur, Fayette, Gibson, Hardeman, Haywood, Henderson, Houston, declaration of May 4, 2010. declaration of May 4, 2010. Madison, and Obion Counties for Individual Dyer and Montgomery Counties for McNairy, Perry, Shelby, and Tipton Assistance. Individual Assistance. Counties for Individual Assistance. Carroll, Crockett, Decatur, Fayette, Gibson, Dyer and Montgomery Counties for debris McNairy, Perry, Shelby, and Tipton Hardeman, Haywood, Henderson, Houston, removal and emergency protective measures Counties for debris removal and emergency Madison, and Obion Counties for debris (Categories A and B), including direct protective measures (Categories A and B), removal and emergency protective measures Federal assistance, under the Public including direct Federal assistance, under the (Categories A and B), including direct Assistance program. Public Assistance program. Federal assistance, under the Public The following Catalog of Federal Domestic The following Catalog of Federal Domestic Assistance program. Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used (The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Community Disaster Loans; 97.031, Cora 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to 97.046, Fire Management Assistance Grant; Individuals and Households in Presidentially Individuals and Households in Presidentially 97.048, Disaster Housing Assistance to Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Individuals and Households in Presidentially Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Declared Disaster Areas; 97.049, Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals Presidentially Declared Disaster Assistance— and Households; 97.050, Presidentially and Households; 97.050, Presidentially Disaster Housing Operations for Individuals Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals and Households; 97.050, Presidentially and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, Declared Disaster Assistance to Individuals Disaster Grants—Public Assistance Disaster Grants—Public Assistance and Households—Other Needs; 97.036,

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Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Hazard Mitigation Grant. Hazard Mitigation Grant.) W. Craig Fugate, W. Craig Fugate, W. Craig Fugate, Administrator, Federal Emergency Administrator, Federal Emergency Management Agency. Administrator, Federal Emergency Management Agency. Management Agency. [FR Doc. 2010–11433 Filed 5–12–10; 8:45 am] [FR Doc. 2010–11491 Filed 5–12–10; 8:45 am] [FR Doc. 2010–11487 Filed 5–12–10; 8:45 am] BILLING CODE 9111–23–P BILLING CODE 9111–23–P BILLING CODE 9111–23–P

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY Federal Emergency Management Federal Emergency Management Agency Federal Emergency Management Agency Agency [Internal Agency Docket No. FEMA–1909– [Internal Agency Docket No. FEMA–1906– DR; Docket ID FEMA–2010–0002] [Internal Agency Docket No. FEMA–3311– DR; Docket ID FEMA–2010–0002] EM; Docket ID FEMA–2010–0002] Tennessee; Amendment No. 4 to Mississippi; Amendment No. 4 to Notice of a Major Disaster Declaration Rhode Island; Amendment No. 3 to Notice of a Major Disaster Declaration Notice of an Emergency Declaration AGENCY: Federal Emergency Management Agency, DHS. AGENCY: Federal Emergency AGENCY: Federal Emergency ACTION: Notice. Management Agency, DHS. Management Agency, DHS. ACTION: Notice. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the SUMMARY: This notice amends the notice State of Tennessee (FEMA–1909–DR), SUMMARY: This notice amends the notice of a major disaster declaration for the dated May 4, 2010, and related of an emergency declaration for the State of Mississippi (FEMA–1906–DR), determinations. State of Rhode Island (FEMA–3311– dated April 29, 2010, and related EM), dated March 30, 2010, and related DATES: Effective Date: May 6, 2010. determinations. determinations. FOR FURTHER INFORMATION CONTACT: DATES: Effective Date: May 5, 2010. DATES: Effective Date: May 5, 2010. Peggy Miller, Recovery Directorate, Federal Emergency Management FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Agency, 500 C Street, SW., Washington, Peggy Miller, Recovery Directorate, Peggy Miller, Recovery Directorate, DC 20472, (202) 646–3886. Federal Emergency Management Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice Agency, 500 C Street, SW., Washington, Agency, 500 C Street, SW., Washington, of a major disaster declaration for the DC 20472, (202) 646–3886. DC 20472, (202) 646–3886. State of Tennessee is hereby amended to SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The include the following areas among those of a major disaster declaration for the Federal Emergency Management Agency areas determined to have been adversely State of Mississippi is hereby amended (FEMA) hereby gives notice that affected by the event declared a major to include the following areas among pursuant to the authority vested in the disaster by the President in his those areas determined to have been Administrator, under Executive Order declaration of May 4, 2010. adversely affected by the event declared 12148, as amended, Craig A. Gilbert, of Benton, Dickson, Humphreys, Maury, a major disaster by the President in his FEMA is appointed to act as the Federal Rutherford, and Sumner Counties for declaration of April 29, 2010. Coordinating Officer for this emergency. Individual Assistance. Issaquena County for Public Assistance, This action terminates the Benton, Dickson, Humphreys, Maury, Rutherford, and Sumner Counties for debris including direct Federal assistance. appointment of Gracia B. Szczech as removal and emergency protective measures Monroe and Warren Counties for Public Federal Coordinating Officer for this (Categories A and B), including direct Assistance, including direct Federal emergency. Federal assistance, under the Public assistance, (already designated for Individual Assistance). The following Catalog of Federal Domestic Assistance program. Assistance Numbers (CFDA) are to be used The following Catalog of Federal Domestic (The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Individuals and Households in Presidentially Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals and Households; 97.050, Presidentially and Households; 97.050, Presidentially and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Disaster Grants—Public Assistance Disaster Grants—Public Assistance

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(Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Federal funds provided under the Stafford Hazard Mitigation Grant). Hazard Mitigation Grant. Act for Public Assistance will be limited to 75 percent of the total eligible costs. In order W. Craig Fugate, W. Craig Fugate, to provide Federal assistance, you are hereby Administrator, Federal Emergency Administrator, Federal Emergency authorized to allocate from funds available Management Agency. Management Agency. for these purposes such amounts as you find [FR Doc. 2010–11500 Filed 5–12–10; 8:45 am] [FR Doc. 2010–11485 Filed 5–12–10; 8:45 am] necessary for Federal emergency assistance BILLING CODE 9111–23–P and administrative expenses. BILLING CODE 9111–23–P Further, you are authorized to make changes to this declaration for the approved DEPARTMENT OF HOMELAND assistance to the extent allowable under the DEPARTMENT OF HOMELAND SECURITY Stafford Act. SECURITY The Federal Emergency Management Federal Emergency Management Agency (FEMA) hereby gives notice that Federal Emergency Management Agency Agency pursuant to the authority vested in the [Internal Agency Docket No. FEMA–3312– Administrator, Department of Homeland EM; Docket ID FEMA–2010–0002] Security, under Executive Order 12148, [Internal Agency Docket No. FEMA–1894– as amended, James N. Russo, of FEMA DR; Docket ID FEMA–2010–0002] Massachusetts; Emergency and is appointed to act as the Federal Related Determinations Coordinating Officer for this declared Rhode Island; Amendment No. 5 to emergency. Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. The following areas of the Commonwealth of Massachusetts have AGENCY: Federal Emergency ACTION: Notice. Management Agency, DHS. been designated as adversely affected by SUMMARY: This is a notice of the this declared emergency: ACTION: Notice. Presidential declaration of an Essex, Middlesex, Norfolk, and Suffolk emergency for the Commonwealth of Counties for emergency protective measures SUMMARY: This notice amends the notice Massachusetts (FEMA–3312–EM), dated (Category B), limited to direct Federal of a major disaster declaration for the May 3, 2010, and related assistance, under the Public Assistance State of Rhode Island (FEMA–1894–DR), determinations. program. dated March 29, 2010, and related The following Catalog of Federal Domestic DATES: Effective Date: May 3, 2010. determinations. Assistance Numbers (CFDA) are to be used FOR FURTHER INFORMATION CONTACT: for reporting and drawing funds: 97.030, DATES: Effective Date: May 5, 2010. Peggy Miller, Recovery Directorate, Community Disaster Loans; 97.031, Cora Federal Emergency Management Brown Fund; 97.032, Crisis Counseling; FOR FURTHER INFORMATION CONTACT: Agency, 500 C Street, SW., Washington, 97.033, Disaster Legal Services; 97.034, Peggy Miller, Recovery Directorate, DC 20472, (202) 646–3886. Disaster Unemployment Assistance (DUA); Federal Emergency Management 97.046, Fire Management Assistance Grant; SUPPLEMENTARY INFORMATION: Notice is 97.048, Disaster Housing Assistance to Agency, 500 C Street, SW., Washington, hereby given that, in a letter dated May DC 20472, (202) 646–3886. Individuals and Households in Presidentially 3, 2010, the President issued an Declared Disaster Areas; 97.049, SUPPLEMENTARY INFORMATION: The emergency declaration under the Presidentially Declared Disaster Assistance— Federal Emergency Management Agency authority of the Robert T. Stafford Disaster Housing Operations for Individuals (FEMA) hereby gives notice that Disaster Relief and Emergency and Households; 97.050, Presidentially pursuant to the authority vested in the Assistance Act, 42 U.S.C. 5121–5207 Declared Disaster Assistance to Individuals Administrator, under Executive Order (the Stafford Act), as follows: and Households—Other Needs; 97.036, 12148, as amended, Craig A. Gilbert, of Disaster Grants—Public Assistance I have determined that the emergency (Presidentially Declared Disasters); 97.039, FEMA is appointed to act as the Federal conditions in certain areas of the Hazard Mitigation Grant. Coordinating Officer for this disaster. Commonwealth of Massachusetts resulting from a water main break beginning on May W. Craig Fugate, This action terminates the 1, 2010, and continuing, are of sufficient appointment of Gracia B. Szczech as Administrator, Federal Emergency severity and magnitude to warrant an Management Agency. Federal Coordinating Officer for this emergency declaration under the Robert T. disaster. Stafford Disaster Relief and Emergency [FR Doc. 2010–11506 Filed 5–12–10; 8:45 am] BILLING CODE 9110–23–P The following Catalog of Federal Domestic Assistance Act, 42 U.S.C. 5121 et seq. (‘‘the ’’ Assistance Numbers (CFDA) are to be used Stafford Act ). Therefore, I declare that such an emergency exists in the Commonwealth of for reporting and drawing funds: 97.030, Massachusetts. DEPARTMENT OF HOMELAND Community Disaster Loans; 97.031, Cora You are authorized to provide appropriate SECURITY Brown Fund; 97.032, Crisis Counseling; assistance for required emergency measures, 97.033, Disaster Legal Services; 97.034, authorized under Title V of the Stafford Act, Federal Emergency Management Disaster Unemployment Assistance (DUA); to save lives and to protect property and Agency 97.046, Fire Management Assistance Grant; public health and safety, and to lessen or 97.048, Disaster Housing Assistance to avert the threat of a catastrophe in the [Internal Agency Docket No. FEMA–1909– Individuals and Households in Presidentially designated areas. Specifically, you are DR; Docket ID FEMA–2008–0018] Declared Disaster Areas; 97.049, authorized to provide assistance for emergency protective measures (Category B), Tennessee; Major Disaster and Related Presidentially Declared Disaster Assistance— limited to direct Federal assistance, under Determinations Disaster Housing Operations for Individuals the Public Assistance program. This and Households; 97.050, Presidentially assistance excludes regular time costs for AGENCY: Federal Emergency Declared Disaster Assistance to Individuals subgrantees’ regular employees. Management Agency, DHS. and Households—Other Needs; 97.036, Consistent with the requirement that ACTION: Notice. Disaster Grants—Public Assistance Federal assistance is supplemental, any

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SUMMARY: This is a notice of the 12148, as amended, Gracia B. Szczech, Number 1076–0135, which expires Presidential declaration of a major of FEMA is appointed to act as the September 30, 2010. disaster for the State of Tennessee Federal Coordinating Officer for this DATES: Interested persons are invited to (FEMA–1909–DR), dated May 4, 2010, declared disaster. submit comments on or before July 12, and related determinations. The following areas of the State of 2010. DATES: Effective Date: May 4, 2010. Tennessee have been designated as ADDRESSES: You may submit comments FOR FURTHER INFORMATION CONTACT: adversely affected by this declared on the information collection to Lynn Peggy Miller, Recovery Directorate, major disaster: Forcia, Chief, Division of Workforce Federal Emergency Management Cheatham, Davidson, Hickman, and Development, Office of Indian Energy Agency, 500 C Street, SW., Washington, Williamson Counties for Individual and Economic Development, 1951 DC 20472, (202) 646–3886. Assistance. Constitution Avenue, NW., Mail Stop 20 Cheatham, Davidson, Hickman, and SIB, Washington, DC 20240; Telephone SUPPLEMENTARY INFORMATION: Notice is Williamson Counties for debris removal and (202) 219–5270; E-mail hereby given that, in a letter dated May emergency protective measures (Categories A [email protected]. 4, 2010, the President declared a major and B), including direct Federal assistance, disaster under the authority of the under the Public Assistance program. FOR FURTHER INFORMATION CONTACT: You Robert T. Stafford Disaster Relief and All counties within the State of Tennessee may request further information or Emergency Assistance Act, 42 U.S.C. are eligible to apply for assistance under the obtain copies of the information 5121–5207 (the Stafford Act), as follows: Hazard Mitigation Grant Program. collection request submission from (The following Catalog of Federal Domestic Lynn Forcia, Chief, Division of I have determined that the damage in Assistance Numbers (CFDA) are to be used Workforce Development, (202) 219– certain areas of the State of Tennessee for reporting and drawing funds: 97.030, resulting from severe storms, flooding, 5270. Community Disaster Loans; 97.031, Cora straight-line winds, and tornadoes beginning Brown Fund; 97.032, Crisis Counseling; SUPPLEMENTARY INFORMATION: on April 30, 2010, and continuing, is of 97.033, Disaster Legal Services; 97.034, I. Abstract sufficient severity and magnitude to warrant Disaster Unemployment Assistance (DUA); a major disaster declaration under the Robert 97.046, Fire Management Assistance Grant; The IEED is seeking renewal of the T. Stafford Disaster Relief and Emergency 97.048, Disaster Housing Assistance to approval for the information collection Assistance Act, 42 U.S.C. 5121 et seq. (the Individuals and Households in Presidentially conducted under OMB Control Number ‘‘ ’’ Stafford Act ). Therefore, I declare that such Declared Disaster Areas; 97.049, a major disaster exists in the State of 1076–0135, Reporting System for Public Presidentially Declared Disaster Assistance— Law 102–477 Demonstration Project. Tennessee. Disaster Housing Operations for Individuals In order to provide Federal assistance, you This information collection allows IEED and Households; 97.050, Presidentially to document satisfactory compliance are hereby authorized to allocate from funds Declared Disaster Assistance to Individuals available for these purposes such amounts as and Households—Other Needs; 97.036, with statutory, regulatory, and other you find necessary for Federal disaster Disaster Grants—Public Assistance requirements of the various integrated assistance and administrative expenses. (Presidentially Declared Disasters); 97.039, programs. Public Law 102–477 You are authorized to provide Individual Hazard Mitigation Grant. authorizes tribal governments to Assistance and assistance for debris removal integrate federally funded employment, and emergency protective measures W. Craig Fugate, (Categories A and B) under the Public training, and related services and Administrator, Federal Emergency programs into a single, coordinated, Assistance program in the designated areas, Management Agency. Hazard Mitigation throughout the State, and comprehensive service delivery plan. any other forms of assistance under the [FR Doc. 2010–11489 Filed 5–12–10; 8:45 am] Funding agencies include the Stafford Act that you deem appropriate BILLING CODE 9111–23–P Department of the Interior, Department subject to completion of Preliminary Damage of Labor, and the Department of Health Assessments (PDAs), unless you determine and Human Services. Indian Affairs is that the incident is of such unusual severity statutorily required to serve as the lead DEPARTMENT OF THE INTERIOR and magnitude that PDAs are not required to agency and provides a single, universal determine the need for supplemental Federal assistance pursuant to 44 CFR 206.33(d). Bureau of Indian Affairs report format for use by tribal Direct Federal assistance is authorized. governments to report on integrated Consistent with the requirement that Renewal of Agency Information activities and expenditures. The IEED Federal assistance is supplemental, any Collection for Reporting System for shares the information collected from Federal funds provided under the Stafford Public Law 102–477 Demonstration these reports with the Department of Act for Public Assistance, Hazard Mitigation, Project; Request for Comments Labor and the Department of Health and and Other Needs Assistance will be limited Human Services. to 75 percent of the total eligible costs. AGENCY: Bureau of Indian Affairs, Approval for this collection expires Further, you are authorized to make Interior. September 30, 2010. There are forms changes to this declaration for the approved ACTION: Notice of Request for associated with this collection. No third assistance to the extent allowable under the Stafford Act. Comments. party notification or public disclosure burden is associated with this The time period prescribed for the SUMMARY: In compliance with the collection. There is no change to the implementation of section 310(a), Paperwork Reduction Act of 1995, the approved burden hours for this Priority to Certain Applications for Office of Indian Energy and Economic information collection. Public Facility and Public Housing Development (IEED) is seeking Assistance, 42 U.S.C. 5153, shall be for comments on renewal of Office of II. Request for Comments a period not to exceed six months after Management and Budget (OMB) IEED requests that you send your the date of this declaration. approval for the collection of comments on this collection to the The Federal Emergency Management information for the Reporting System for location listed in the ADDRESSES section. Agency (FEMA) hereby gives notice that Public Law 102–477 Demonstration Your comments should address: (a) The pursuant to the authority vested in the Project. The information collection is necessity of the information collection Administrator, under Executive Order currently authorized by OMB Control for the proper performance of the

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agencies, including whether the Project Statistical Report once. Introduction information will have practical utility; Approximately 30 of the respondents With this notice, we continue the CCP (b) the accuracy of our estimate of the participate in TANF and must also process for Piedmont NWR. We started burden (hours and cost) of the collection provide information associated with the process through a notice in the of information, including the validity of that program. Federal Register on April 4, 2008 (73 FR the methodology and assumptions used; Estimated Time per Response: Ranges 18552). (c) ways we could enhance the quality, from 2 to 56 hours. For more about the refuge and our utility and clarity of the information to Estimated Total Annual Hour Burden: CCP process, please see that notice. be collected; and (d) ways we could 3,018 hours. minimize the burden of the collection of Estimated Total Annual Non-Hour Background the information on the respondents, Cost Burden: $255. The CCP Process such as through the use of automated Dated: May 5, 2010. The National Wildlife Refuge System collection techniques or other forms of Alvin Foster, information technology. Administration Act of 1966 (16 U.S.C. Please note that an agency may not Acting Chief Information Officer—Indian 668dd–668ee), as amended by the Affairs. sponsor or conduct, and an individual National Wildlife Refuge System need not respond to, a collection of [FR Doc. 2010–11367 Filed 5–12–10; 8:45 am] Improvement Act of 1997, requires us to information unless it has a valid OMB BILLING CODE 4310–4J–P develop a CCP for each national wildlife Control Number. refuge. The purpose for developing a It is our policy to make all comments CCP is to provide refuge managers with DEPARTMENT OF THE INTERIOR available to the public for review at the a 15-year plan for achieving refuge purposes and contributing toward the location listed in the ADDRESSES section Fish and Wildlife Service during the hours of 9 a.m.–5 p.m., mission of the National Wildlife Refuge Eastern Time, Monday through Friday System, consistent with sound [FWS–R4–R–2010–N053; 40136–1265–0000– principles of fish and wildlife except for legal holidays. Before S3] including your address, phone number, management, conservation, legal e-mail address or other personally Piedmont National Wildlife Refuge, mandates, and our policies. In addition identifiable information, be advised that Jones and Jasper Counties, GA to outlining broad management your entire comment—including your direction on conserving wildlife and personally identifiable information— AGENCY: Fish and Wildlife Service, their habitats, CCPs identify wildlife- may be made public at any time. While Interior. dependent recreational opportunities you may request that we withhold your ACTION: Notice of availability: Draft available to the public, including personally identifiable information, we comprehensive conservation plan and opportunities for hunting, fishing, cannot guarantee that we will be able to environmental assessment; request for wildlife observation, wildlife do so. comments. photography, and environmental education and interpretation. We will III. Data SUMMARY: We, the Fish and Wildlife review and update the CCP at least OMB Control Number: 1076–0135. Service (Service), announce the every 15 years in accordance with the Title: Reporting System for Public availability of a draft comprehensive Administration Act. Law 102–477 Demonstration Project. conservation plan and environmental Significant issues addressed in the Brief Description of Collection: Public assessment (Draft CCP/EA) for Piedmont Draft CCP/EA include: (1) Management Law 102–477 authorizes tribal National Wildlife Refuge (NWR) for for threatened and endangered species; governments to integrate federally public review and comment. In this (2) refuge boundary and future land funded employment, training and Draft CCP/EA, we describe the acquisition; (3) forest and fire related services programs into a single, alternative we propose to use to manage management and education; (4) cane coordinated, comprehensive delivery this refuge for the 15 years following break restoration; (5) invasive species plan. Interior has made available a approval of the final CCP. control; (6) climate change; (7) single universal format for Statistical DATES: To ensure consideration, we partnerships; (8) air and water quality; Reports for tribal governments to report must receive your written comments by (9) protection of cultural resources; (10) on integrated activities undertaken June 14, 2010. urban development; (11) law within their projects, and a single ADDRESSES: You may obtain a copy of enforcement; (12) public access; (13) universal format for Financial Reports the Draft CCP/EA by contacting Ms. wildlife-dependent recreation; (14) for tribal governments to report on all Laura Housh, via U.S. mail at camping; and (15) facilities, staffing, project expenditures. Respondents that Okefenokee National Wildlife Refuge, and funding needs. participate in Temporary Assistance for 2700 Suwannee Canal Road, Folkston, CCP Alternatives, Including Our Needy Families (TANF) must provide GA 31537, or via e-mail at Proposed Alternative additional information on these forms. [email protected]. You may also Type of Review: Extension without download the document from our We developed four alternatives for change of a currently approved Internet Site as follows: http:// managing the refuge and chose collection. southeast.fws.gov/planning under ‘‘Draft Alternative B as the proposed Respondents: Indian tribes Documents.’’ Submit comments on the alternative. A full description of each participating in Public Law 102–477. Draft CCP/EA to the above postal alternative is in the Draft CCP/EA. We Number of Respondents: 67 grantees address or e-mail address. summarize each alternative below. representing 265 Indian tribes. Total Number of Responses: 265 FOR FURTHER INFORMATION CONTACT: Ms. Alternative A—No Action Alternative Frequency of Response: Each Laura Housh, Refuge Planner, Under Alternative A, we would respondent must supply the information telephone: 912–496–7366, ext. 244; fax: continue to monitor and manage the for the Financial Status Report and 912–496–3322. red-cockaded woodpecker population to Public Law 102–477 Demonstration SUPPLEMENTARY INFORMATION: achieve our goal for this endangered

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species. We would conduct limited habitat management and providing We would develop an integrated surveys for other wildlife species. No enhanced appropriate and compatible cultural resources plan. Under this active management would occur for wildlife-dependent public use alternative, we would evaluate the waterfowl, wetland-dependent birds, opportunities. potential of expanding the refuge raptors, fish, reptiles, amphibians, and We would continue to monitor and acquisition boundary to meet our goals other resident birds and mammals. We manage the red-cockaded woodpecker and objectives in accordance with would continue current forest population, but would increase the current Service policy. management practices by actively population goal by 3 to 5 percent. We We would seek partnerships to managing 22,500 acres of upland pine would increase wildlife surveys monitor the impacts of climate change with timber harvesting and prescribed conducted under Alternative A to on refuge resources and adapt burning. The current fire management include surveying for breeding birds, management as needed to conserve the program would be maintained to bald eagles, furbearers, resident birds, native wildlife and habitats. achieve viable wildlife and plant raptors, reptiles and amphibians. We Administration plans would identify communities. We would reduce fuels by would initiate basic inventories for fish increased maintenance of existing burning on a 3-year rotation and by species and invertebrates, including infrastructure and construction of new participating in a fuels’ monitoring dragonflies, crayfish, and mussels. We facilities. We would acquire and program. Wildlife openings and would continue to collect quail, turkey, maintain equipment, facilities, and roadsides would be maintained through and deer data through managed hunts infrastructure to support refuge mowing and prescribed burning. We and surveys, and reinstate turkey brood programs. would opportunistically treat invasive counts. We would increase efforts to Additional staff would be required to plants with herbicides and prescribed maintain a deer population of 30 to 35 accomplish the goals of Alternative B burning, enhance cane areas, and deer per-square-mile, with a balanced and support both Piedmont and Bond manage bottomland and upland sex ratio. Swamp NWRs. This would include hardwoods. For aquatic species, we We would expand habitat reinstating an assistant forester and an would continue to implement Georgia’s management by modifying forest interpretive park ranger and adding a Best Management Practices for Forestry management strategies to benefit biologist, a forestry technician, a park and manage the impoundments as a wildlife and habitat diversity. We would ranger (law enforcement), a refuge demonstration area for waterfowl by continue to maintain current fire operations specialist, a prescribed fire/ performing periodic drawdown and management programs but intensify fuels technician, an engineering limited planting. management of a 5,000-acre Piedmont equipment operator, and two seasonal We would continue to welcome and savanna focus area with smaller burn forestry technicians (firefighters). We orient visitors and maintain current units on a 2-year rotation. We would would continue to promote partnerships opportunities for wildlife observation prioritize the need for removal of and work with adjacent private and photography. The level of invasive plants and animals and would landowners to support our goals and environmental education opportunities enhance wildlife openings and objectives. We would expand our would continue to be limited due to roadsides for early successional habitat volunteer program to include more lack of resources, and outreach activities diversity. For aquatic species, we would resident interns. continue to implement Georgia’s Best would continue to be limited to one Alternative C—Migratory Birds event per year. We would maintain Management Practices for Forestry, but existing hunting and fishing programs would also survey streams to identify Under Alternative C, we would focus as well as current facilities. We would species. We would continue to manage on migratory birds. The majority of our continue to enforce all State and Federal the impoundments as a demonstration efforts would deal with enhancing laws applicable to the refuge, provide area for waterfowl and implement a habitat for and increasing the visitor safety, protect wildlife and water management program to enhance population of migratory birds. We cultural resources, and ensure public habitat and wildlife diversity. We would would continue to monitor and manage compliance by enforcing current refuge identify unique and rare habitat types the red-cockaded woodpecker regulations. and modify management activities as population in accordance with recovery The staff would continue to support needed to protect and restore priority plan guidelines. We would conduct both Piedmont and Bond Swamp NWRs. areas. Cane areas would continue to be current surveys for wildlife as identified We would work with private strategically managed. under Alternative B. We would initiate landowners and partners to promote our We would revise the current visitor annual woodcock surveys, a kestrel goals and objectives. Land could be services plan and update signs, nesting box program, and identify and acquired from willing sellers within the brochures, exhibits, and websites. manage for the habitat needs of current acquisition boundary and in Kiosks and an automated phone system neotropical and migratory birds. We accordance with Service policy. The would be added. We would expand would reestablish the wood duck current volunteer program would be current opportunities for wildlife banding program, work with partners to maintained. observation, wildlife photography, manage impoundments to benefit environmental education and waterfowl, increase acres in Alternative B—Wildlife and Habitat interpretation, and outreach. We would impoundments to benefit wetland- Diversity (Proposed Action) continue to maintain, and where dependent birds, and identify the We selected Alternative B as the possible, expand existing hunting and nesting, breeding, roosting, and foraging alternative that best signifies the vision, fishing opportunities. We would habitat needs of raptors. As under goals, and purposes of Piedmont NWR. maintain our current law enforcement Alternative B, we would initiate a This alternative was selected based on program and, in addition, revise the law streams survey and would restore and public input and the best professional enforcement plan and reinstate the law manage fisheries resources, but would judgment of the planning team. Under enforcement outreach program. We also retain at least 30 percent of Alternative B, the emphasis would be would document additional historic submergent vegetation in ponds. To on restoring and improving refuge sites and update current GIS data to support healthy migratory bird resources needed for wildlife and provide for better resource protection. populations, we would initiate predator

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control. As under Alternative B, we As under Alternative B, we would Dated: March 19, 2010. would establish a Piedmont savanna continue to conduct current wildlife Mark J. Musaus, focus area, but would replace summer surveys, establish but intensively Acting Regional Director. quail call counts with fall covey counts. manage a Piedmont savanna focus area, [FR Doc. 2010–11417 Filed 5–12–10; 8:45 am] Resident wildlife monitoring and and initiate surveys for wetland- BILLING CODE 4310–55–P management would be the same as dependent birds and raptors. We would under Alternative A unless stated conduct comprehensive surveys focused otherwise. We would expand habitat on rare, threatened, and endangered DEPARTMENT OF THE INTERIOR management, but would also identify species of invertebrates, reptiles, areas to focus on cane habitat amphibians, and bats. The invasive Bureau of Land Management management and increase structural species control program would diversity of bottomland hardwood areas. emphasize reducing adverse impacts to [LLCACO8000 L16100000 DX0000] The fire management program would be rare, threatened, and endangered maintained, but would increase the species and their habitats. We would Notice of Establishment of Interim acreage of the Piedmont savanna focus increase acres in impoundments and Final Supplementary Rules for Public area to greater than 5,000 acres and manage them to benefit wood stork Lands Managed by the Mother Lode change the fire intervals to maximize foraging habitat and other species of Field Office, California the benefits to migratory birds outside of concern. Open lands would be managed the focus area. We would expand for rare, threatened, and endangered AGENCY: Bureau of Land Management, invasive plant species control from species. Interior. uplands to include other habitat types to We would revise the visitor services ACTION: Notice of Establishment of reduce adverse impacts to migratory plan and expand current opportunities Interim Final Supplementary Rules. birds. We would continue to manage the for wildlife observation, wildlife impoundments, implement a water photography, and environmental SUMMARY: In accordance with the management program, and manage education. We would implement Record of Decision for the Sierra unique and rare habitats as under observation constraints to avoid Resource Management Plan (RMP), the Alternative B, but the emphasis would disturbance to rare, threatened, and Bureau of Land Management (BLM), be on migratory birds. We would target endangered species. One annual festival Mother Lode Field Office, is issuing management in open lands for priority focusing on rare, threatened, and interim final supplementary rules and migratory bird species. endangered species would be held requesting comments. These interim We would revise the visitor services annually on the refuge. We would final supplementary rules will apply to plan and would expand current continue to maintain, and where public lands managed by the Mother opportunities for wildlife observation, possible, expand existing hunting wildlife photography, and Lode Field Office and will be effective programs, but would evaluate limiting environmental education and upon publication and remain in effect or closing fishing on ponds to reduce interpretation, but with the emphasis on until the publication of final impacts to rare, threatened, and migratory birds. Facilities to enhance supplementary rules. The BLM has endangered species. these visitor services would be added, determined that these interim final but observation constraints would be We would continue to maintain an supplementary rules are necessary to implemented to avoid disturbance to active law enforcement program, protect enhance the safety of visitors, protect migratory birds. We would host one cultural resources, pursue land natural and cultural resources, improve annual festival focusing on migratory acquisition, establish partnerships, and recreational opportunities, and protect birds. We would continue to maintain, manage volunteers as under Alternative public health. All of these interim final and where possible, expand hunting B, and where applicable, focus on rare, supplementary rules implement programs, but would evaluate limiting threatened, and endangered species. management decisions contained in the Sierra RMP. These rules do not propose or closing fishing on ponds to reduce Next Step impacts to wintering and nesting or implement any land use limitations waterfowl. After the comment period ends, we or restrictions other than those included We would implement a law will analyze the comments and address within the BLM’s decisions in the RMP enforcement program as stated under them. or allowed under existing law or regulation. Alternative B, but focus on migratory Public Availability of Comments birds. We would seek partnerships to DATES: The interim final supplementary evaluate and adapt to the impacts of Before including your address, phone number, e-mail address, or other rules are effective on May 13, 2010. We climate change and work with private invite comments until July 12, 2010. landowners to promote migratory bird personal identifying information in your resources. The volunteer program would comment, you should be aware that ADDRESSES: Mail or hand deliver all focus on migratory bird projects. your entire comment—including your comments concerning the interim final personal identifying information—may supplementary rules to the BLM, Alternative D—Rare, Threatened, and be made publicly available. While you Mother Lode Field Office, 5152 Endangered Species can ask us in your comment to withhold Hillsdale Circle, El Dorado Hills, The focus of Alternative D would be your personal identifying information California 95762. on management of rare, threatened, and from public review, we cannot FOR FURTHER INFORMATION CONTACT: endangered species. We would guarantee that we will be able to do so. James Barnes, Bureau of Land intensively manage for red-cockaded Authority Management, Mother Lode Field Office, woodpeckers on the maximum potential 5152 Hillsdale Circle, El Dorado Hills, acres in upland forest by removing This notice is published under the California 95762 or e-mail hardwoods, promoting pine, increasing authority of the National Wildlife [email protected]. prescribed burning, and initiating an Refuge System Improvement Act of intra-population translocation program. 1997, Public Law 105–57. SUPPLEMENTARY INFORMATION:

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I. Public Comment Procedures operation of this area is found in the Office of Planning and Research. No Written comments on the interim Federal Land Policy and Management State agencies commented on the RMP final supplementary rules should be Act of 1976 (43 U.S.C. 1732, 1740). The and the BLM received a letter of specific, confined to issues pertinent to planning area for the Sierra RMP confirmation that the RMP complied the interim final supplementary rules, includes portions of Yuba, Nevada, with State review requirements on and should explain the reason for any Placer, El Dorado, Amador, Calaveras, August 17, 2007. The State Historic recommended change. The Record of Tuolumne, Mariposa, Sacramento, and Preservation Office and the U.S. Fish Decision (ROD) for the Sierra RMP was Stanislaus counties, California. and Wildlife Service also reviewed the The BLM finds good cause to publish signed in February 2008 and represents draft and proposed RMP. these supplementary rules on an interim the final decision of the BLM California Based on public safety and resource final basis, effective on the date of protection concerns and due to the State Director regarding management of publication because of public health lands within the approximately multiple opportunities for public and safety concerns and resource involvement during development of the 231,000-acre planning area to which protection needs within the these rules apply. Therefore, comments RMP decisions that provide a basis for management area. these rules, the BLM finds good cause requesting changes to the RMP All of the interim final supplementary decisions which will be implemented to issue these rules as interim final rules implement management decisions supplementary rules. The rules related by these interim final supplementary contained in the Sierra RMP. The rules are outside the scope of this to hunting and target shooting will help Mother Lode Field Office has taken the prevent accidental shooting-related comment period. Where possible, following steps to involve the public in comments should reference the specific injuries and fatalities in areas with high developing the planning decisions that recreational use or in areas in close section or paragraph of the rule that the provide a basis for the interim final comment is addressing. The BLM need proximity to private residences. The supplementary rules: rules related to camping and campfire not consider or include in the Public Scoping: The BLM conducted Administrative Record for the final rule: use will help prevent wildfire ignition. nine public scoping meetings between The rules related to trail use will help (a) Comments that the BLM receives January 12 and August 15, 2002. Nearly after the close of the comment period prevent resource damage. The public is 200 members of the public attended the now invited to provide additional (see DATES), unless they are postmarked meetings held in Colfax, Grass Valley, or electronically dated before the comments on the interim final Placerville, Jackson, San Andreas, supplementary rules. deadline, or (b) comments delivered to Sonora, Mariposa, and Galt, California. an address other than those listed above Announcement of these meetings and III. Procedural Matters (see ADDRESSES). notification of the scoping period were Executive Order 12866, Regulatory Comments, including names, street made through the Mother Lode Field Planning and Review addresses, and other contact Office’s Web site, news releases in local information of respondents, will be publications, and mailings to Native These interim final supplementary available for public review at the American Tribes, Federal, State and rules are not a significant regulatory Mother Lode Field Office, 5152 local agencies, interested groups/ action and are not subject to review by Hillsdale Circle, El Dorado Hills, individuals, and other members of the the Office of Management and Budget California 95762 during regular business public. Presentations were made to under Executive Order 12866. These hours 7:30 a.m. to 4:30 p.m., Monday county supervisors and State agencies. interim final supplementary rules will through Friday, except Federal holidays. Public Review of the Draft RMP: The not have an annual effect of $100 Individual respondents may request Sierra Draft RMP/Draft Environmental million or more on the economy or confidentiality. Before including your Impact Statement (EIS) was released to adversely affect, in a material way, the address, telephone number, e-mail the public for a 90-day comment period, economy, productivity, competition, address, or other personal identifying ending on December 13, 2006. During jobs, the environment, public health or information in your comment, you this review period, four public meetings safety, or State, local, or Tribal should be aware that your entire were held to explain the Draft RMP/EIS governments or communities. These comment—including your personal and to encourage the public to interim final supplementary rules will identifying information—may be made comment. Approximately 40 members not create a serious inconsistency or publicly available at any time. While of the public attended the meetings held otherwise interfere with an action taken you can ask us in your comment to in Grass Valley, Mariposa, Sonora, and or planned by another agency. The withhold your personal identifying Placerville, California. The public was interim final supplementary rules do information from public review, we notified about the comment period via not materially alter the budgetary effects cannot guarantee that we will be able to mailings, news releases, and Web sites. of entitlements, grants, user fees, or loan do so. The Draft RMP/EIS was available in programs or the right or obligations of electronic and hard copy formats. their recipients; nor do they raise novel II. Background The BLM received approximately legal or policy issues. They merely The BLM is establishing these interim 2,000 comments on the Draft RMP/EIS impose certain rules on recreational final supplementary rules under the from the public, government agencies, activities on a limited portion of the authority of 43 CFR 8365.1–6, which and Tribes. A summary of the issues public lands in California in order to allows BLM State Directors to establish identified in the public comment letters protect human health, safety, and the supplementary rules for the protection and the BLM’s response to these issues environment. of persons, property, and public lands is included in Appendix F of the Clarity of the Interim Final and resources. proposed RMP/Final EIS. All decisions Supplementary Rules The supplementary rules are available related to the interim final for inspection in the Mother Lode Field supplementary rules were analyzed in Executive Order 12866 requires each Office and at the following Web site: the Final EIS. agency to write regulations that are http://www.ca.blm.gov/motherlode. The The BLM submitted the Draft and simple and easy to understand. We overall program authority for the Proposed Sierra RMP to the Governor’s invite your comments on how to make

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these interim final supplementary rules Ranch), Pine Hill Preserve, and mandate on State, local, or Tribal easier to understand, including answers Cosumnes River Preserve. governments in the aggregate, or the to questions such as the following: The activity plan decisions, including private sector, of more than $100 (1) Are the requirements in the rules of conduct for recreational use, million per year; nor do they have a interim final supplementary rules were analyzed in environmental significant or unique effect on State, clearly stated? assessments (EA) prepared as part of the local, or Tribal governments. These (2) Do the interim final NEPA process for each planning effort. interim final supplementary rules do supplementary rules contain technical Pertinent analysis can be found in the not require anything of State, local, or language or jargon that interferes with 2005 South Yuba River Comprehensive Tribal governments. Therefore, the BLM their clarity? Management Plan (Chapter 3); 2003 is not required to prepare a statement (3) Does the format of the interim final Round Mountain/Rock Creek Forest containing the information required by supplementary rules (grouping and Management Plan (pp. 22–25); 2004 the Unfunded Mandates Reform Act (2 South Fork American River order of sections, use of headings, U.S.C. 1531 et seq.). paragraphing, etc.) aid or reduce their Management Plan (Section 2); 2007 clarity? Cronan Ranch Management Plan Executive Order 12630, Governmental (4) Would the interim final (Sections 2.3–25); 2008 Pine Hill Actions and Interference With supplementary rules be easier to Preserve Management Plan (pp. 39–44); Constitutionally Protected Property understand if they were divided into and the 2008 Cosumnes River Preserve Rights (Takings) more (but shorter) sections? Management Plan. (5) Is the description of the interim These interim final supplementary The interim final supplementary rules final supplementary rules in the rules provide for implementation of are not a government action capable of SUPPLEMENTARY INFORMATION section of plan decisions. The rationale for the interfering with constitutionally this preamble helpful in understanding decisions is fully covered in the Final protected property rights. The interim the interim final supplementary rules? EIS for the Sierra RMP as well as the final supplementary rules do not How could this description be more EAs and decision records for the address property rights in any form, and helpful in making the interim final associated activity plans outlined above. do not cause the impairment of supplementary rules easier to The Sierra RMP and other relevant land- anybody’s property rights. Therefore, understand? use plans are available for review at the the Department of the Interior has address specified in the ADDRESSES Please send any comments you have on determined that these interim final section. the clarity of the interim final supplementary rules would not cause a supplementary rules to the address Regulatory Flexibility Act taking of private property or require specified in the ADDRESSES section. further discussion of takings Congress enacted the Regulatory implications under this Executive Flexibility Act (RFA) of 1980, as National Environmental Policy Act Order. amended, 5 U.S.C. 601–612, to ensure These interim final supplementary that government regulations do not Executive Order 13132, Federalism rules themselves do not constitute a unnecessarily or disproportionately major Federal action significantly burden small entities. The RFA requires The interim final supplementary rules affecting the quality of the human a regulatory flexibility analysis if a rule will not have a substantial direct effect environment under Section 102(2)(C) of would have a significant economic on the States, on the relationship the National Environmental Policy Act impact, either detrimental or beneficial, between the national government and (NEPA) of 1969, 42 U.S.C. 4332(2)(C). on a substantial number of small the States, or on the distribution of However, they are a component of a entities. The interim final power and responsibilities among the larger plan (the Sierra RMP) that supplementary rules do not pertain various levels of government. The constitutes a major Federal action. The specifically to commercial or interim final supplementary rules affect BLM prepared Draft and Final EISs as governmental entities of any size, but to land in only one State, California. part of the development of the Sierra public recreational use of specific Therefore, the BLM has determined that RMP. During that NEPA process, the public lands. Therefore, the BLM has these interim final supplementary rules proposed decisions, including the determined under the RFA that these do not have sufficient Federalism substance of these interim final interim final supplementary rules implications to warrant preparation of a supplementary rules, were fully would not have a significant economic Federalism Assessment. analyzed. The pertinent analysis can be impact on a substantial number of small found in Chapter 2, Alternatives, of the entities. Executive Order 12988, Civil Justice Sierra Proposed Resource Management Reform Plan and Final EIS (May 2007). The Small Business Regulatory Enforcement ROD for the RMP was signed by the Fairness Act (SBREFA) Under Executive Order 12988, the BLM California State Director in These interim final supplementary Office of the Solicitor has determined February 2008. rules do not constitute a ‘‘major rule’’ as that these interim final supplementary All of the interim final supplementary defined at 5 U.S.C. 804(2). The interim rules will not unduly burden the rules were addressed in the Sierra RMP. final supplementary rules merely judicial system and that the Some were fully analyzed in the RMP/ contain rules of conduct for recreational requirements of sections 3(a) and 3(b)(2) EIS and some were analyzed in earlier use of certain public lands. The interim of the Order are met. The NEPA analyses and were adopted in the final supplementary rules have no effect supplementary rules include rules of RMP. Some of these earlier analyses on business, commercial, or industrial conduct and prohibited acts, but they include activity plans for various use of the public lands. are straightforward and not confusing, special management areas, such as the and their enforcement should not South Yuba River, Round Mountain/ Unfunded Mandates Reform Act unreasonably burden the United States Rock Creek Forest, South Fork These interim final supplementary Magistrate who will try any persons American River (including the Cronan rules do not impose an unfunded cited for violating them.

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Executive Order 13175, Consultation supplementary rules found in 43 CFR from Edwards Crossing Bridge to half a mile and Coordination With Indian Tribal 8365.1–6, the California State Director, upstream from Edwards Crossing bridge and Governments Bureau of Land Management hereby within one quarter mile of each side of the South Yuba River. These interim final supplementary issues supplementary rules, effective on an interim final basis upon publication, Purdon Crossing day use area/high use rules provide for enforcement of zone: From one quarter mile downstream decisions adopted in the ROD for the for public lands managed by the Mother Lode Field Office to read as follows: from Purdon Crossing bridge to 100 yards Sierra RMP which concerns all lands upstream from China Dam and within one administered by the Mother Lode Field Supplementary Rules for the Sierra quarter mile of each side of the South Yuba Office. The rules were thoroughly Resource Management Plan Planning River. analyzed in the Draft and Final EIS Area Hoyt Crossing day use area/high use zone: prepared for the RMP. During All public lands within T. 17 N., R. 8 E., Sec. preparation of the RMP, government-to- Section 1 Definitions 28 within one quarter mile of each side of the government consultation was conducted Alcoholic beverage: Any liquid or South Yuba River. with 10 Federally recognized Tribal solid containing alcohol, spirits, wine, Round Mountain/Rock Creek Forest governments with interests in the or beer, which contains one-half of one Management Area affected area. These Tribes were percent or more of alcohol by volume T. 17 N., R. 8 E., provided copies of the Draft and and which is fit for beverage purposes Secs. 24 (all public lands above the 2,400- Proposed RMP and associated EIS, and either alone or when diluted, mixed, or foot contour) and 26 (NE 1⁄4 NE 1⁄4); were contacted directly by the BLM combined with other substances. T. 17 N., R. 9 E., requesting comments and assessing the Camp: Erecting a tent or a shelter of Secs. 19 (all public lands above the 2,700- need for a Tribal briefing. None of these natural or synthetic material, preparing foot contour), 20 (all public lands above Tribal governments expressed concerns a sleeping bag or other bedding material, the 2,900-foot contour), 22 (all public regarding the decisions these or parking of a motor vehicle, motor lands above the 2,600-foot contour), 28 supplementary rules are designed to home, or trailer for the purpose or (S 1⁄2 SE 1⁄4 NE 1⁄4), 29, and 30; MDM. enforce. Therefore, in accordance with apparent purpose of overnight North Fork American River Special Executive Order 13175, the BLM has occupancy. Recreation Management Area found that these supplementary rules do Campfire: A controlled fire occurring T. 15 N., R. 9 E., not include policies that have Tribal out of doors, used for cooking, branding, Secs. 26, 35, and 36; implications. personal warmth, lighting, ceremonial T. 15 N., R. 10 E., or aesthetic purposes. Secs. 1 (except Lot 2 in the E 1⁄2 of Sec. Information Quality Act Designated site and zone: A specific 1, the E 1⁄2 of Lot 1 in the W 1⁄2 of Sec. In developing these supplementary location identified by the BLM for 1 and the E 1⁄2 of Lot 2 in the W 1⁄2 of rules, the BLM did not conduct or use camping or other purposes. Sec. 1), 2, 9, 10, 11 (except lands in the a study, experiment or survey requiring Designated trail: A trail developed, NW 1⁄4 and in the SE 1⁄4 that are more peer review under the Information maintained, and explicitly identified by than a quarter mile from the river), 15 the BLM for public non-motorized use. (except lands in the E 1⁄2 and in the SW Quality Act (Section 515 of Pub. L. 106– 1 All designated trails will be identified ⁄4 of Sec. 15 that are more than a quarter 554.). mile from the river), 16 (except in the W by a combination of maps and signing. 1 Executive Order 13211, Effects on the Firearm: A device that expels a ⁄2), 20, 21, 22, 27 (only in lots 1, 2, 19, 29, 30 and 33), 28, 29, 30, 32 and 33 Nation’s Energy Supply projectile such as a bullet, dart, or pellet (only in lots 16, 53, 76 and 77 and in the by combustion, air pressure, gas These supplementary rules do not N 1⁄2 N 1⁄2 NW 1⁄4 of Sec. 33); MDM. comprise a ‘‘significant energy action,’’ pressure, or other means. Hunt: Taking or attempting to take South Fork American River Special as defined in Executive Order 13211, Recreation Management Area since they are not likely to have a wildlife by any means, except by significant adverse effect on the supply, trapping or fishing. T. 11 N., R. 10 E., Secs. 22, 26 (SW 1⁄4), 27, and 34 (Miner’s distribution, or use of energy. Motorized vehicle: Any motorized transportation conveyance designed and Cabin parcel); Paperwork Reduction Act licensed for use on roadways, such as an T. 11 N., R. 10 E., automobile, bus, or truck, and any Sec. 21; These interim final supplementary T. 11 N., R. 10 E., rules do not directly provide for any motorized conveyance originally Sec. 18 Lots 5 and 6 (Parcel C); information collection that the Office of equipped with safety belts. T. 11 N., R. 10 E., Target shoot: Discharging a firearm for Management and Budget must approve Sec. 18 NW 1⁄4 NE 1⁄4 NW 1⁄4 (Ponderosa under the Paperwork Reduction Act, 44 any purpose other than hunting or self- parcel); U.S.C. 3501 et seq. Any information defense. T. 11 N., R. 9 E., collection that may result from Federal South Yuba River Special Recreation Sec. 12, Lots 1 to 9 (Dave Moore Nature criminal investigations or prosecutions Management Area Area); conducted under these proposed T. 17 N., R. 7 E., T. 11 N., R. 9 E., supplementary rules are exempt from Sec. 36; Secs. 3, 10, and 11 (Greenwood Creek the provisions of the Paperwork T. 16 N., R. 7 E., parcel); T. 11 N., R. 9 E., Reduction Act of 1995, 44 U.S.C. Sec. 2; Secs. 4, 8, 9, 15, 16, and 17 (Cronan 3518(c)(1). T. 17 N., R. 8 E., Secs. 13, 24, 26 (excluding NE 1⁄4 NE 1⁄4), Ranch); Author 28, 30, and 34; T. 11 N., R. 9 E., 29, 28, 21, and 20 (Norton T. 17 N., R. 9 E., Ravine parcel); The principal author of these interim Secs. 9, 10, 13, 14, 15, 16 (excluding lot T. 11 N., R. 9 E., final supplementary rules is James 12), 17, 18 (excluding NE 1⁄4 NE 1⁄4), 19, Secs. 30, 31, 32; Barnes, Archaeologist, Mother Lode 20, 22, 29, and 30; T. 10 N., R. 9 E., Field Office. Mount Diablo Meridian (MDM). Secs. 4 and 6; For the reasons stated in the preamble Edwards Crossing day use area/high use T. 11 N., R. 8 E., and under the authority for zone: From one quarter mile downstream Sec. 36 (Pine Hill Preserve); MDM.

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Pine Hill Preserve Area of Critical All public lands in MDM, T. 7 N., R. Riding horses, mountain bikes, and Environmental Concern (ACEC) 13 E., Sec. 27, Sec. 34 (north of the other non-motorized conveyances is T. 11 N., R. 9 E., Mokelumne River), Sec. 26 (north of the allowed only on designated trails. Secs. 30, 31, and 32; Mokelumne River) and Sec. 23 (north of Target shooting is not allowed. T. 11 N., R. 8 E., the Mokelumne River) are closed to Camping is allowed, for a fee, only in Sec. 36; target shooting. designated sites and zones after T. 10 N., R. 9 E., The following rules apply to the South obtaining a special recreation use permit Secs. 4, 6, 7, 9, 10, 14, 18, and 34; issued by the BLM. T. 9 N., R. 9 E., Yuba River Special Recreation Secs. 2 and 3; MDM. Management Area: Campfires are allowed only in BLM- Within one quarter mile of each side provided fire rings and fire pans located Cosumnes River Preserve ACEC of the South Yuba River, campfires are within designated sites and zones. T. 5 N., R. 5 E., allowed only in BLM-provided fire rings The following rules apply to the Secs. 15, 16, 17, 20, 21, 22, 23, 25 and 26; and pedestal grills in designated sites. Cronan Ranch parcel within the South T. 5 N., R. 6 E., Only hands and pans may be used to Fork American River Special Recreation Sec. 30; MDM; tracts 19 and 20, Rancho Management Area: San Jon De Los Mokelumnes, recover gold within one quarter mile of Sacramento County, CA. each side of the South Yuba River, Hunting is allowed only with the following types of firearms: bow and Ione Manzanita ACEC unless a special recreation use permit has been issued by the BLM or mining arrows, smoothbore shotguns, and T. 5 N., R. 10 E., claim operations are being conducted muzzleloaders. Muzzleloaders are Secs. 16, 17, 32, and 33; pursuant to 43 CFR 3809. allowed only after fire season is T. 7 N., R. 9 E., declared over by the BLM. Sec. 18, 28, and 33; MDM. Glass containers, empty or not, are not allowed within one quarter mile of each Hunting for bear, squirrels, rabbits, Red Hills ACEC side of the South Yuba River; however, jackrabbits, waterfowl, furbearers, or T. 1 S., R. 13 E., non-game species is not allowed. 1 1 1 glass containers left or discarded by Secs. 1, 2 (SE ⁄4, and SE ⁄4 SW ⁄4, and others may be picked up for recycling or Deer hunting is allowed only during lot 7), 11, 12, 13; the summer open season with bows and T. 1 S., R. 14 E., put in a trash receptacle. The following rules apply to the Hoyt arrows and during the fall open season Secs. 6, 7, 8, 16, 17, 18, 19, 20, 21, 22, 23, with smoothbore shotguns and slugs. 24, 25, 26, 27, 28, 29, 34, 35; Crossing, Purdon Crossing, and Edwards T. 1 S., R. 15 E., Crossing day use areas/high use zones Turkey hunting is allowed only Secs. 18 (east half of lot 19, and 21), 19, within the South Yuba River Special during the fall open season with 30, and 31; Recreation Management Area: smoothbore shotguns and shot shells. T. 2 S., R. 15 E., Hunting is not allowed. The following rules apply to the Sec. 6 (except lot 10); Alcoholic beverages are not allowed Greenwood Creek parcel within the T. 2 S., R. 14 E., South Fork American River Special Sec. 1; MDM. unless they are being transported through these day use areas/high use Recreation Management Area: Only hands and pans may be used to Merced River Special Recreation zones. Management Area recover gold unless a special recreation Dogs must be kept on leashes and use permit issued by the BLM has been T. 3 S., R. 16 E., under direct control from May 1 to obtained or mining claim operations are Sec. 36 (east of Highway 49); September 30 each year. T. 3 S., R. 17 E., being conducted pursuant to 43 CFR The following rules apply to the Secs. 31, 32, 33, 34, 35, 36; 3809. Purdon Crossing day use area/high use T. 3 S., R. 18 E., Gold may not be recovered from 1 1 zone within the South Yuba River Secs. 25, 26, 27 (E ⁄2 SE ⁄4), 31, 32, 33, Greenwood Creek. 34, 35, 36; Special Recreation Management Area: The following rules apply to the T. 4 S., R. 17 E., Vehicles may only be parked in Ponderosa parcel within the South Fork Secs. 1, 2, 3, 4, 5, 6 (east of Highway 49), designated parking spaces at night for American River Special Recreation 8 (north of the Merced River), 9, 10, 11, the purposes of camping in designated 12, 13, 14, 15, 16, 22, 23, 24 (N 1⁄2); Management Area: sites and zones. Hunting is not allowed. T. 4 S., R. 18 E., The following rules apply to the Secs. 2 (west of Highway 140), 3, 4, 5, 6, Camping is not allowed. 7, 8, 9, 10, 11 (west of Highway 140), 15, Round Mountain Forest Management The following rules apply to Parcel C 16, 17, and 18; MDM. Area: within the South Fork American River Camping is not allowed. Section 2 Supplementary Rules of Special Recreation Management Area: Campfires are not allowed. Hunting is not allowed. Conduct Target shooting is not allowed. The following rules apply to the Dave The following rules apply year-round Riding horses, mountain bikes, and Moore Nature Area within the South to all visitors unless explicitly stated other non-motorized conveyances is Fork American River Special Recreation otherwise in a particular rule. allowed only on designated trails. Management Area: The following rules apply to all lands The following rules apply to the North Hunting is not allowed. managed by the Mother Lode Field Fork American River Special Recreation The following rules apply to the Pine Office: Management Area: Hill Preserve ACEC: Target shooting and hunting (in Target shooting is allowed, in Camping is not allowed. accordance with State law) is allowed accordance with State law, unless a Target shooting is not allowed. on public lands unless the area is signed specific area is signed closed by the Riding horses, mountain bikes, and closed by the BLM or the area is closed BLM. All public lands located in MDM, other non-motorized conveyances is by another rule. T. 15 N., R. 9 E., Sec. 26 are closed to allowed only on designated trails. All public lands in MDM, T. 4 N., R. target shooting. The following rules apply to the 10 E., Sec. 3 NE 1⁄4 and MDM, T. 5 N., The following rules apply to the South Cosumnes River Preserve ACEC: R. 10 E., Sec. 34 SE 1⁄4, near Campo Fork American River Special Recreation Motorized boats may not be launched Seco, are closed to target shooting. Management Area: from the Preserve’s dock.

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Target shooting is not allowed. DEPARTMENT OF THE INTERIOR added to the mailing list, please use the Hunting is not allowed without a e-mail address: special recreation use permit issued by Bureau of Land Management [email protected]. the BLM. SUPPLEMENTARY INFORMATION: The BLM- [LLAKF03000.L12200000.DU0000] Camping is not allowed. administered Squirrel River SRMA is Riding horses, mountain bikes, and Notice of Intent To Prepare an located in western Alaska, other non-motorized conveyances is Amendment to the Kobuk-Seward approximately 30 miles northwest of allowed only on designated trails. Peninsula Resource Management Plan Kotzebue, Alaska. The Squirrel River SRMA encompasses approximately The following rules apply to the Ione for the Squirrel River Special Recreation Management Area, Alaska 683,000 acres of public land managed Manzanita ACEC: by the BLM. The Record of Decision for The Ione Manzanita ACEC is closed to AGENCY: Bureau of Land Management, the KSP/RMP signed in September 2008 all public entry, unless written Interior. specified that an activity plan for the permission from the BLM has been ACTION: Notice of Intent. Squirrel River SRMA would be obtained, to prevent the spread of the completed by September 2011. To plant disease Phytophthora cinnamomi. SUMMARY: The Bureau of Land complete the activity plan, the BLM will The following rules apply to the Red Management (BLM) Central Yukon Field establish recreation management zones Hills ACEC: Office intends to amend the Kobuk- (RMZs) and identify the associated land Camping is not allowed. Seward Peninsula Resource use plan-level decisions. Since the KSP/ Management Plan (KSP/RMP) to address RMP did not identify the RMZs and the Target shooting is not allowed. the Squirrel River Special Recreation associated RMZ decisions, an Riding horses, mountain bikes, and Management Area (SRMA), located 30 amendment to the RMP is necessary. other non-motorized conveyances is miles northwest of Kotzebue, Alaska. The EA will analyze the impacts of allowed only on designated trails. The area was identified as an SRMA in land use plan-level and implementation The following rules apply to the the KSP/RMP. Some recreation plan-level decisions proposed for the Merced River Special Recreation decisions that will be addressed in the Squirrel River SRMA. These decisions Management Area: SRMA are land use plan-level decisions will focus on determining proper use Camping is not allowed on the south requiring a land use plan amendment. levels, visitor numbers, recreation side of the Merced River (within one The amendment will include an administration, and travel management. quarter mile of each side of the river), associated environmental assessment This amendment and associated EA will unless written permission from the BLM (EA). This notice announces the meet the requirements of the National has been obtained. beginning of the scoping period to Environmental Policy Act of 1969 solicit public comments and identify (NEPA), the Federal Land Policy and Exceptions for Official Use issues. Management Act of 1976 (FLPMA), the Alaska National Interest Lands Federal, State, and local law DATES: Scoping input may be submitted Conservation Act of 1980 (ANILCA), enforcement officers, government in writing until 30 days after the date of and the BLM policies. The BLM will employees, and BLM volunteers are publication of this notice, or 15 days work collaboratively with interested exempt from these supplementary rules after the last public meeting, whichever parties to identify the issues to be in the course of their official duties. is later. Public scoping meetings will be Limitations on the use of motorized addressed by this planning effort. held in Kiana, Noorvik, Kotzebue, The preliminary issues and vehicles do not apply to emergency Fairbanks, and Anchorage. Meeting opportunities to be addressed include: vehicles, fire suppression and rescue dates, times and locations will be • What are the effects of the vehicles, and other vehicles performing announced through local news media recreation and travel management official duties, or as approved by an outlets and on the BLM-Alaska Web site decisions on subsistence hunting, authorized officer of the BLM. http://www.blm.gov/ak/ at least 15 days commercially-guided hunting, and Section 3 Penalties prior to the meeting. The BLM will general hunting? provide additional opportunities for • What are the effects of the Any person who violates any of these public comment after preparation of the recreation and travel management interim final supplementary rules may proposed land use plan amendment and decisions on moose and caribou be tried before a United States EA. populations? • Magistrate and fined no more than ADDRESSES: Submit comments by any of What are the effects of the $1,000 or imprisoned for no more than the following methods: recreation and travel management 12 months, or both. 43 U.S.C. 1733(a); • E-mail: decisions on access to inholdings? • 43 CFR 8360.0–7; 43 CFR 2932.57(b). [email protected]. What are the effects of the Such violations may also be subject to • Fax: (907) 474–2282. recreation and travel management the enhanced fines provided for by 18 • Mail: BLM Central Yukon Field decisions on the local and regional U.S.C. 3571. You may also be subject to Office, Attention—KSP/RMP economy? civil action for unauthorized use of the Amendment, 1150 University Avenue, The following preliminary criteria will public lands, violations of special Fairbanks, Alaska 99709–3844. help guide the amendment/EA process: 1. Opportunities for public recreation permit terms, conditions, or Documents pertinent to this proposal participation will be encouraged stipulations, or for uses beyond those may be examined at the BLM Fairbanks throughout the RMP amendment allowed by the permit. (43 CFR District Office, 1150 University Avenue, 2932.57(b)(2)). process; Fairbanks, Alaska, or on the Web site 2. Valid existing rights will be James Wesley Abbott, http://www.blm.gov/ak/st/en/prog/ recognized and protected; Acting State Director, California State Office. planning.html. 3. Subsistence uses will be considered [FR Doc. 2010–11464 Filed 5–12–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: For and adverse impacts minimized in BILLING CODE 4310–40–P information and/or to have your name accordance with Title VIII of ANILCA;

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4. BLM will work cooperatively with DEPARTMENT OF THE INTERIOR sheet silver headdress has been State and Federal agencies, Native identified as German trade silver, corporations, Tribes, municipal National Park Service thereby dating the burial to post A.D. governments, interested groups, and 1830. Based on cranial morphology, the individuals; Notice of Inventory Completion: human remains are determined to Wisconsin Historical Society, Museum 5. Decisions reached in this represent an adult male of mixed Native Division, Madison, WI amendment will consider and adhere to American and Caucasian ethnicity. Oral Alaska Department of Fish and Game AGENCY: National Park Service, Interior. history and historical records, indicate the Luco Creek site is located across the objectives to the extent that they are ACTION: Notice. consistent with Title VIII of ANILCA; creek from an historic Winnebago village, which was located at 6. This plan amendment will conform Notice is here given in accordance Taycheedah, (1857, Augustin Grignon, to the BLM Land Use Planning with the Native American Graves Wisconsin Historical Collections 3: 264, Handbook H–1601–1, as well as Protection and Repatriation Act 288). This places the site within the FLPMA, NEPA, ANILCA, and other (NAGPRA), 25 U.S.C. 3003, of the historic territory of the Ho-Chunk applicable laws and policies; completion of an inventory of human Nation of Wisconsin and Winnebago 7. The amendment will be consistent remains and associated funerary objects in the possession of the Wisconsin Tribe of Nebraska. Furthermore, the with the Alaska Statewide Land Health dates of occupation of the site are Standards; Historical Society, Museum Division (aka State Historical Society of consistent with the time-period in 8. Route designations for off-highway Wisconsin), Madison, WI. The human which the Ho-Chunk Nation of vehicles for public lands within the remains and associated funerary objects Wisconsin and the Winnebago Tribe of Squirrel River SRMA will be completed were removed from Fond du Lac Nebraska inhabited the area. in accordance with the regulations at 43 Officials of the Wisconsin Historical County, WI. CFR 8342; Society have determined that, pursuant This notice is published as part of the to 25 U.S.C. 3001(9), the human remains 9. Recreation and travel management National Park Service’s administrative described above represent the physical decisions related to the Squirrel River responsibilities under NAGPRA, 25 remains of one individual of Native SRMA will follow guidance in the U.S.C. 3003(d)(3). The determinations in American ancestry. Officials of the BLM’s Land Use Planning Handbook. this notice are the sole responsibility of Wisconsin Historical Society also have All other decisions made in the KSP/ the museum, institution, or Federal determined that, pursuant to 25 U.S.C. RMP will remain in effect; agency that has control of the Native 3001(3)(A), the two objects described 10. The plan will address only the American human remains and above are reasonably believed to have BLM managed lands within the Squirrel associated funerary objects. The been placed with or near the human River SRMA; and National Park Service is not responsible remains at the time of death or later 11. The BLM will incorporate for the determinations in this notice. during the death rite or ceremony. Environmental Justice (EJ) An assessment of the human remains Lastly, officials of the Wisconsin considerations into this amendment, to was made by the Wisconsin Historical Historical Society have determined that, adequately respond to the EJ identified Society professional staff in pursuant to 25 U.S.C. 3001(2), there is issues faced by minority populations, consultation with representatives of the a relationship of shared group identity low income communities, and Tribes Ho-Chunk Nation of Wisconsin and the that can be reasonably traced between living near the planning area and using Winnebago Tribe of Nebraska. the Native American human remains public land resources. In 1926, human remains were and associated funerary objects and the removed from a grave near Luco Creek The purpose of the public scoping Ho-Chunk Nation of Wisconsin and the (47–FD–0242), Fond du Lac, Fond du process is to identify relevant issues and Winnebago Tribe of Nebraska. Lac County, WI, during sewer planning criteria that will guide the Representatives of any other Indian construction. Workers encountered planning process and influence the tribe that believes itself to be culturally three skeletons with associated funerary scope of the analysis and EA affiliated with the human remains and/ objects. On September 23, 1926, one alternatives. You may submit comments or associated funerary objects should cranium and some of the associated on issues and planning criteria in contact Jennifer L. Kolb at the funerary objects were brought to the writing to the BLM at public scoping Wisconsin Historical Museum, 30 N. Wisconsin Historical Society. A small meetings or by the methods listed in the Carroll St., Madison, WI 53703, glazed ceramic perfume bottle was sent ADDRESSES section above. Before telephone (608) 261–2461, before June to the Milwaukee Public Museum at including your address, phone number, 14, 2010. Repatriation of the human about the same time. The workers e-mail address, or other personal remains and associated funerary objects retained custody of a pipe, beads, and identifying information in your to the Ho-Chunk Nation of Wisconsin two silver crosses, but discarded the comment, you should be aware that and the Winnebago Tribe of Nebraska other skeletal material at the time of your entire comment—including your may proceed after that date if no discovery, (see Wisconsin Historical personal information—may be made additional claimants come forward. publicly available at any time. While Society accession file 1926.84 and the The Wisconsin Historical Society is you can ask us in your comment to Archaeological Sites Inventory). No responsible for notifying the Ho-Chunk withhold your personal identifying known individual was identified. The Nation of Wisconsin and the Winnebago information from public review, we two associated funerary objects are one Tribe of Nebraska that this notice has cannot guarantee that we will be able to trade sheet silver headdress and a been published. do so. fragment of woven cloth. Trade silver first appeared in the Dated: April 28, 2010 Julia Dougan, United States circa A.D. 1760. What is Sherry Hutt, Acting BLM-Alaska State Director. referred to as German trade silver (an Manager, National NAGPRA Program. [FR Doc. 2010–11457 Filed 5–12–10; 8:45 am] alloy of copper, zinc, and nickel) was [FR Doc. 2010–11347 Filed 5–12–10; 8:45 am] BILLING CODE 4310–JA–P not introduced until A.D. 1830. The BILLING CODE 4312–50–S

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DEPARTMENT OF THE INTERIOR the human remains described in this Indian Tribe of the Southern Ute notice were found in the museum. Reservation, Colorado; Ute Indian Tribe National Park Service Based on the biological evidence, the of the Uintah & Ouray Reservation, human remains are Native American. Utah; and Ute Mountain Tribe of the Ute Notice of Inventory Completion: Officials of the University of Colorado Mountain Reservation, Colorado, New University of Colorado Museum, Museum reasonably believe the human Mexico & Utah that this notice has been Boulder, CO remains are Ute based on the biological published. and geographical evidence. Historical AGENCY: National Park Service, Interior. Dated: May 5, 2010. accounts located the bands that are now ACTION: Notice. Federally-recognized as the Ute Sherry Hutt, Mountain Tribe and the Southern Ute Manager, National NAGPRA Program. Notice is here given in accordance [FR Doc. 2010–11455 Filed 5–12–10; 8:45 am] with the Native American Graves Indian Tribe in an area stretching from BILLING CODE 4310–70–S Protection and Repatriation Act southwestern to south central Colorado, (NAGPRA), 25 U.S.C. 3003, of the and from there to northwestern New Mexico. Historical accounts placed the completion of an inventory of human DEPARTMENT OF THE INTERIOR remains in the possession of the other Ute bands that are now the Ute Indian Tribe of the Uintah & Ouray University of Colorado Museum, National Park Service Boulder, CO. The human remains were Reservation in an area between the Gunnison River in Colorado and the removed from Montezuma County, CO. Notice of Inventory Completion: U.S. Uintah Basin in Utah (A.D. 1800). The This notice is published as part of the Department of Defense, Army Corps of ‘‘Indian Land Areas Judicially National Park Service’s administrative Engineers, Walla Walla District, Walla Established 1978 Map,’’ indicates a legal responsibilities under NAGPRA, 25 Walla, WA and Museum of claim to land in southwestern Colorado U.S.C. 3003(d)(3). The determinations in Anthropology, Washington State based upon historic use by the Ute and this notice are the sole responsibility of University, Pullman, WA Navajo tribes. In the last 250 years, the the museum, institution, or Federal presence of the Ute tribes in the area of agency that has control of the Native AGENCY: National Park Service, Interior. western Colorado has been historically American human remains. The National ACTION: Notice. documented by both Spanish and U.S. Park Service is not responsible for the records. The present northern boundary determinations in this notice. Notice is here given in accordance of the Ute Mountain Reservation is only with the Native American Graves A detailed assessment of the human 12 miles south of the burial site. remains was made by University of Protection and Repatriation Act Officials of the University of Colorado (NAGPRA), 25 U.S.C. 3003, of the Colorado Museum professional staff in Museum have determined that, completion of an inventory of human consultation with representatives of the pursuant to 25 U.S.C. 3001(9), the remains and associated funerary objects Pueblo of Acoma, New Mexico; human remains described above in the control of the U.S. Department of Southern Ute Indian Tribe of the represent the physical remains of one Defense, Army Corps of Engineers, Southern Ute Reservation, Colorado; Ute individual of Native American ancestry. Walla Walla District, Walla Walla, WA, Indian Tribe of the Uintah & Ouray Officials of the University of Colorado and in the physical custody of the Reservation, Utah; and Ute Mountain Museum also have determined that, Museum of Anthropology, Washington Tribe of the Ute Mountain Reservation, pursuant to 25 U.S.C. 3001(2), there is State University, Pullman, WA. The Colorado, New Mexico & Utah. a relationship of shared group identity human remains and associated funerary On an unknown date, human remains that can be reasonably traced between representing a minimum of one the Native American human remains objects were removed from site 45FR50, individual were removed from Yellow and the Southern Ute Indian Tribe of Marmes Rockshelter, Franklin County, Jacket, Montezuma County, CO, by an the Southern Ute Reservation, Colorado; WA. unknown individual. No known Ute Indian Tribe of the Uintah & Ouray This notice is published as part of the individual was identified. No associated Reservation, Utah; and Ute Mountain National Park Service’s administrative funerary objects are present. Tribe of the Ute Mountain Reservation, responsibilities under NAGPRA, 25 Between 1954 and 1990, Dr. Joe Ben Colorado, New Mexico & Utah. U.S.C. 3003(d)(3). The determinations in Wheat and students participating in Representatives of any other Indian this notice are the sole responsibility of University of Colorado Museum tribe that believes itself to be culturally the museum, institution, or Federal sponsored archeological field schools affiliated with the human remains agency that has control of the Native worked near the Yellow Jacket Pueblo should contact Steve Lekson, Curator of American human remains and ruin. During that time, human remains Anthropology, University of Colorado associated funerary objects. The representing several hundred Museum, Henderson Building, Campus National Park Service is not responsible individuals were removed from three Box 218, Boulder, CO 80309–0218, for the determinations in this notice. sites near Yellow Jacket Pueblo (5MT1, telephone (303) 492–6671, before June A detailed assessment of the human 5MT2, and 5MT3), Montezuma County, 14, 2010. Repatriation of the human remains was made by the U.S. CO, during legally conducted remains to the Southern Ute Indian Department of Defense, Army Corps of excavations, as described in the Federal Tribe of the Southern Ute Reservation, Engineers professional staff in Register (71 FR 53470–53473, Colorado; Ute Indian Tribe of the Uintah consultation with representatives of the September 11, 2006). Also during that & Ouray Reservation, Utah; and Ute Confederated Tribes of the Colville time, a local land owner made a Mountain Tribe of the Ute Mountain Reservation, Washington; Confederated donation to the museum of human Reservation, Colorado, New Mexico & Tribes of the Umatilla Indian remains representing one Ute individual Utah may proceed after that date if no Reservation, Oregon; Confederated excavated from private land at the edge additional claimants come forward. Tribes and Bands of the Yakama Nation, of Yellow Jacket Canyon, as described in The University of Colorado Museum Washington; Nez Perce Tribe, Idaho; the Federal Register (72 FR 36030– is responsible for notifying the Pueblo of and the Wanapum Band, a non- 36031, July 2, 2007). In February 2009, Acoma, New Mexico; Southern Ute Federally recognized Indian group.

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Between 1962 and 1968, human floodplain area are 23 animal bone assemblage of site 45FR50 represents a remains were removed from site fragments and 3 bone rods. long sequence of cultural occupation. 45FR50, Marmes Rockshelter, in In addition to the human remains Archeological and geological Franklin County, WA, by Washington removed from the cremation hearth and connections at the site can be drawn State University, first under contract floodplain, a total of 513 counted both horizontally across the site, from with the National Park Service and then human fragments and 1 small bag of the rockshelter to the floodplain and under contract with the Army Corps of human bone fragments are located in across the floodplain, and also Engineers. The earliest excavations the Washington University 45FR50 vertically, from the earlier deposits to (1962–1964) focused on the area within archeological collections for which the later deposits. Cultural continuity the rockshelter proper with specific there is no specific burial or from the earliest to latest occupations emphasis placed on the excavation of provenience information; therefore, within the site can be traced through the human remains features within that these materials have been designated changes in the use of subsistence area. From 1965 to 1968, efforts focused unprovenienced remains. The Army resources (marine and other) and the on excavation of the floodplain and the Corps of Engineers has determined that gradual changes in lithic assemblages. remaining areas within the rockshelter, the unprovenienced human remains Geographical and anthropological including a cremation hearth. originated from the individuals lines of evidence support the The human remains and associated described in the Notice of Inventory archeological evidence of earlier group funerary objects from the earliest Completion published on August 20, habitation in the same geographic excavations were designated as Burials 2009, or are those within the cremation location as the historic groups. 1 to 12, Burials 14 to 22, Small hearth and from the floodplain Anthropologically, evidence for Unnumbered Cast, Rice Burial 05, MCX described in this Notice. Therefore, continuity includes the presence of red 1, Feature 64–6, and non-cremation these human bone fragments do not ochre and olivella shells in the earliest rockshelter remains. No known increase the minimum number of Windust deposits, continuing into later individuals were identified. These individuals in the August 20, 2009, deposits and found in the later burials. human remains totaled a minimum of Notice nor those recorded as cremation An articulated owl foot artifact was 45 individuals and 2,047 associated or floodplain in this Notice. Also in the recovered from the Windust Phase in funerary objects (2,020 counted items Washington University 45FR50 the floodplain, and the importance of and 27 lots of items), which were archeological collections are 39 the owl in southern Plateau Native described in a Notice of Inventory associated funerary objects found American culture is well-documented. Completion in the Federal Register (70 directly with these human remains. The Oral tradition evidence provided by FR 42100–42102, August 20, 2009), and 39 associated funerary objects are tribal elders indicates a large Palus repatriated to the claimant tribes in animal bone fragments. village, which had been inhabited by September 2009. The human remains from the tribal ancestors from time immemorial, Human remains from the cremation cremation hearth, the floodplain, and was once located near the Marmes hearth were originally recorded as the undesignated remains were Rockshelter. According to tribal elders, Burial 23 and the human remains from determined to be Native American their ancestors were mobile and traveled the floodplain were originally recorded because of the physical traits exhibited the landscape to gather resources, as as Marmes I, II, III, and IV. Army Corps by the remains and the cultural items well as to trade. of Engineers professional staff have found with them, which are similar both Ethnographic documentation determined that human remains to the materials found in other areas of indicates that the present-day location representing a minimum of eight the site from which Native American of the Marmes Rockshelter in Franklin individuals were excavated from the human remains were identified and to County, WA, is within the territory cremation hearth area (to include all materials from archeological collections occupied historically by the Palus remains designated as Burial 23 and/or and in context with Native American (Palouse) Indians. During the historic within the boundaries of the defined burials and cremations in southeastern period, the Palouse people settled along cremation hearth provenience), and that Washington. The archeological the Snake River; relied on fish, game, human remains representing a materials at site 45FR50 have been and root resources for subsistence; minimum of four individuals were variously classified into chronological shared their resource areas and excavated from the floodplain (to and cultural phases, and include the maintained extensive kinship include all remains designated as Windust Phase (+11,000–8000 BP), connections with other groups in the Marmes I to IV and/or from a floodplain Cascade Phase (8000–4500 BP), area; and had limited political provenience). No known individuals Tucannon Phase (4500–2500 BP), and integration until the adoption of the were identified. The associated funerary Harder Phase (2500–500 BP). The horse (Walker 1998). These objects from the cremation area total floodplain and cremation remains date characteristics are common to the 1,581 counted items and 78 lots or from the earliest period, or the Windust greater Plateau cultural communities samples of weighed items (98,125 Phase. The majority of the human surrounding the Palouse territory grams). The 1,581 counted items are 78 remains from the rockshelter described including the Nez Perce, Cayuse, Walla faunal bone fragments, 1,326 pieces of in the Notice of August 20, 2009, date Walla, Yakama, and Wanapum groups. mammal bone, 9 fish bones, 5 pieces of to the later phases, beginning with the Moreover, information provided during bird bone, 114 pieces of charcoal, 5 Cascade. consultation by representatives of the olivella shell beads, 43 basalt and Archeological evidence provides the Confederated Tribes of the Colville cryptocrystalline/chert tools, and 1 most direct line of evidence supporting Reservation, Washington; Confederated piece of fire cracked rock. The 78 lots affiliation between an earlier group and Tribes of the Umatilla Indian or samples are 43 weighed lots of a present-day Indian tribe. The evidence Reservation, Oregon; Confederated mammal bone (2,564 grams), 2 lots found at site 45FR50, and in nearby Tribes and Bands of the Yakama Nation, weighed fish bone (0.003 grams), 2 bags archeological sites, supports a nearly Washington; Nez Perce Tribe, Idaho; with ash residue (15,150 grams), and 31 continuous occupation of this region of and the Wanapum Band, a non- charcoal samples (80,411 grams). The 26 the Columbia Plateau beginning as far Federally recognized Indian group, associated funerary objects from the back as 11,500 years. The archeological substantiate shared past and present

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traditional lifeways that bind the Confederated Tribes of the Umatilla Colorado, 80202. Their phone number aforementioned Indian tribes and the Indian Reservation, Oregon; for reservations is 303–607–9000. Wanapum Band to common ancestors. Confederated Tribes and Bands of the Written comments pertaining to the The descendants of these Plateau Yakama Nation, Washington; and Nez June 15, 2010 Advisory Board meeting communities of southeastern Perce Tribe, Idaho, may proceed after can be sent to the Bureau of Land Washington are now widely dispersed that date if no additional claimants Management electronically by accessing and are members of the Confederated come forward. The U.S. Department of the Wild Horse and Burro Web site at: Tribes of the Colville Reservation, Defense, Army Corps of Engineers, http://www.blm.gov/wo/st/en/prog/ Washington; Confederated Tribes of the Walla Walla District recognizes the wild_horse_and_burro/ Umatilla Indian Reservation, Oregon; participation of the Wanapum Band, a wh_b_contact_us/ Confederated Tribes and Bands of the non-Federally recognized Indian group, enhanced_feedback_form.html). Or Yakama Nation, Washington; Nez Perce during the transfer of the human comments can be mailed to the National Tribe, Idaho; and the Wanapum Band, a remains and associated funerary objects Wild Horse and Burro Program, WO– non-Federally recognized Indian group. to the Indian tribes. 260, Attention: Ramona DeLorme, 1340 Officials of the U.S. Department of The U.S. Department of Defense, Financial Boulevard, Reno, Nevada, Defense, Army Corps of Engineers, Army Corps of Engineers, Walla Walla 89502–7147. Written comments Walla Walla District, have determined District, is responsible for notifying the pertaining to the Advisory Board that, pursuant to 25 U.S.C. 3001(9), the Confederated Tribes of the Colville meeting should be submitted no later human remains described above Reservation, Washington; Confederated than close of business June 7, 2010. represent the physical remains of 12 Tribes of the Umatilla Indian FOR FURTHER INFORMATION CONTACT: individuals of Native American Reservation, Oregon; Confederated Ramona DeLorme, Wild Horse and ancestry. Officials of the U.S. Tribes and Bands of the Yakama Nation, Burro Administrative Assistant, at 775– Department of Defense, Army Corps of Washington; Nez Perce Tribe, Idaho; 861–6583. Individuals who use a Engineers, Walla Walla District, also and the Wanapum Band, a non- telecommunications device for the deaf have determined that, pursuant to 25 Federally recognized Indian group, that (TDD) may reach Ms. DeLorme at any U.S.C. 3001(3)(A), the 1,724 objects, this notice has been published. time by calling the Federal Information which are 1,646 individual objects and Relay Service at 1–800–877–8339. 98,125 grams of material in 78 lots or Dated: May 4, 2010. samples, described above are reasonably Sherry Hutt, SUPPLEMENTARY INFORMATION: believed to have been placed with or Manager, National NAGPRA Program. Under the authority of 43 CFR part near individual human remains at the [FR Doc. 2010–11456 Filed 5–12–10; 8:45 am] 1784, the Wild Horse and Burro time of death or later as part of the death BILLING CODE 4312–50–S Advisory Board advises the Secretary of rite or ceremony. Furthermore, officials the Interior, the Director of the BLM, the of the U.S. Department of Defense, Secretary of Agriculture, and the Chief Army Corps of Engineers, Walla Walla DEPARTMENT OF THE INTERIOR of the Forest Service, on matters District, have determined that, pursuant pertaining to management and to 25 U.S.C. 3001(2), there is a Bureau of Land Management protection of wild, free-roaming horses relationship of shared group identity and burros on the Nation’s public lands. that can be reasonably traced between [LLWO2600000 L10600000 XQ0000] The tentative agenda for the two day the Native American human remains event is: Wild Horse and Burro Advisory Board; and associated funerary objects and the I. Advisory Board Public Workshop Confederated Tribes of the Colville Meeting Monday, June 14, 2010 (8 a.m.–4 p.m.) Reservation, Washington; Confederated AGENCY: Bureau of Land Management, Tribes of the Umatilla Indian Interior. 8 a.m.—Open Workshop & Introduce Reservation, Oregon; Confederated ACTION: Announcement of meeting. Board Members Tribes and Bands of the Yakama Nation, 8:15 a.m.—Meeting Format and Washington; and Nez Perce Tribe, SUMMARY: The Bureau of Land Guidelines Idaho. Lastly, officials of the U.S. Management (BLM) announces that the 8:30 a.m.—Introduction of Secretary’s Department of Defense, Army Corps of Wild Horse and Burro Advisory Board Initiative Engineers, Walla Walla District, have (Board) will be conducting a public Break—(8:50 a.m.–9 a.m.) determined that there is a cultural workshop and meeting on the BLM’s 9 a.m.—Treasured Herds relationship between the Native management of wild horses and burros. Break—(9:50 a.m.–10:10 a.m.) American human remains and This will be a two day event. Monday, 10:10 a.m.—Preserves associated funerary objects and the June 14, 2010, will be devoted to Break—(9:50 a.m.–11:15 a.m.) Wanapum Band, a non-Federally providing the public with a unique 11:15 a.m.—Sustainable Herds recognized Indian group. opportunity to provide input and Lunch—(12:05 p.m.–1:30 p.m.) Representatives of any other Indian feedback on the Secretary’s Initiative. 1:30 p.m.—Adoptions tribe that believes itself to be culturally Tuesday, June 15, 2010, the Board will Break—(2:20 p.m.–2:45 p.m.) affiliated with the human remains and/ reconvene for a regular meeting. 2:45 p.m.—Animal Welfare or associated funerary objects should 3:35 p.m.—Process-Related Feedback contact LTC Michael Farrell, U.S. DATES: The Advisory Board will host a 4 p.m.—Adjourn Department of Defense, Army Corps of public workshop on Monday, June 14, Engineers, Walla Walla District, 201 2010, from 8 a.m. to 4 p.m. and conduct II. Public Meeting North Third Ave., Walla Walla, WA its regular meeting on Tuesday, June 15, 99362–1876, telephone (509) 527–7700, 2010 from 8 a.m. to 5 p.m., local time. Tuesday, June 15, 2010 (8 a.m.–5 p.m.) before June 14, 2010. Repatriation of the ADDRESSES: This Public Workshop and 8 a.m.—Call to Order & Introductions human remains and associated funerary Advisory Board meeting will take place 8:15 a.m.—Old Business objects to the Confederated Tribes of the in Denver, Colorado at the Magnolia Approval of December 7, 2009 Colville Reservation, Washington; Hotel, 818 17th Street, Denver, Minutes

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Response to Recommendations any and all comments, but those most Administration (GSA) as an online 9 a.m.—Program Updates useful and likely to influence decisions auction, at GSA’s Web site http:// Gathers on management and protection of wild www.auctionrp.com. Adoptions horses and burros are those that are DATES: This notice initiates the public Budget either supported by quantitative comment period and any person may Facility and Pipeline Reports information or studies or those that Break—(9:45 a.m.–10 a.m.) submit written comments regarding the include citations to and analysis of proposed sale. All comments must be 10 a.m.—Program Updates (continued) applicable laws and regulations. Except Lunch—(11:45 a.m.–1 p.m.) received on or before June 28, 2010. for comments provided in electronic Comments must reference a specific 1 p.m.—New Business format, speakers should submit two Break—(2:45 p.m.–3 p.m.) parcel number and the applicable copies of their written comments where Bureau of Land Management (BLM) 3 p.m.—Public Comments feasible. The BLM will not necessarily 4 p.m.—Board Recommendations serial number. consider comments received after the 4:45 p.m.—Recap/Summary/Next ADDRESSES: Address all written time indicated under the DATES section Meeting/Date/Site comments to Molly Brown, Deschutes or at locations other than that listed in 5 p.m.—Adjourn Field Manager, BLM Prineville District the ADDRESSES section. Office, 3050 East Third Street, The meeting site is accessible to In the event there is a request under Prineville, Oregon 97754. Only written individuals with disabilities. An the Freedom of Information Act (FOIA) comments submitted through the U.S. individual with a disability needing an for a copy of your comments, the BLM Postal Service or other delivery service, auxiliary aid or service to participate in will make them available in their or hand-delivered to the BLM Prineville the meeting, such as an interpreting entirety, including your name and District Office will be considered service, assistive listening device, or address. Before including your address, properly filed. Electronic mail, materials in an alternate format, must phone number, e-mail address, or other facsimile, or telephone comments will notify the person listed under FOR personal identifying information in your not be considered properly filed. FURTHER INFORMATION CONTACT two comment, you should be aware that weeks before the scheduled meeting your entire comment—including your FOR FURTHER INFORMATION CONTACT: date. Although the BLM will attempt to personal identifying information—may Philip Paterno, BLM Realty Specialist, meet a request received after that date, at (541) 416–6724, or by e-mail, be made publicly available at any time. _ _ the requested auxiliary aid or service While you can ask us in your comment (or land [email protected]). Detailed may not be available because of to withhold your personal identifying information regarding the five parcels insufficient time to arrange it. information from public review, we can be found at the BLM Web site: The Federal Advisory Committee cannot guarantee that we will be able to http://www.blm.gov/or/districts/ Management Regulations [41 CFR 101– do so. The BLM will release all prineville/plans/fltfa.php. 6.1015(b),] require BLM to publish in submissions from organizations or SUPPLEMENTARY INFORMATION: The the Federal Register notice of a meeting businesses, and from individuals following described public land parcels 15 days prior to the meeting date. identifying themselves as have been identified for disposal in the BLM Brothers-La Pine Resource III. Public Comment Procedures representatives or officials of organizations or businesses, in their Management Plan (RMP) and Record of On Monday, June 14, 2010, members entirety, including names and Decision (ROD) dated July 1989, and in of the public will have an opportunity addresses. the BLM Upper Deschutes RMP and for participation throughout the day. On ROD dated September 2005. The parcels Tuesday, June 15, 2010, the public may Edwin L. Roberson, are proposed for sale under Sections 203 make oral statements to the Advisory Assistant Director, Renewable Resources and and 209 of the Federal Land Policy and Board at the appropriate point in the Planning. Management Act (FLPMA) of 1976 (90 agenda. This opportunity is anticipated [FR Doc. 2010–11351 Filed 5–12–10; 8:45 am] Stat. 2750, 43 U.S.C. 1713 and 1719). to occur at 3 p.m., local time. Persons BILLING CODE 4310–84–P The sales will include all mineral wishing to make statements during the interests of the United States since a Tuesday meeting should register with determination of no known mineral the BLM by noon on June 15, 2010 at DEPARTMENT OF THE INTERIOR value has been made based on an the meeting location. Depending on the approved mineral report. The Bureau of Land Management number of speakers, the Advisory Board conveyance document will be issued may limit the length of presentations. At [LLOR050000, L58740000 EU0000, subject to all valid existing rights and previous meetings, presentations have LXSS058H0000; HAG–10–0044] reservations of record. The parcels will been limited to three minutes in length, be sold by competitive sale at not less however this time may vary. Speakers Notice of Realty Action; Competitive than the appraised market value, as should address the specific wild horse Sale of Public Land in Deschutes approved by the Department of the and burro-related topics listed on the County, Oregon Interior, Appraisal Services Directorate. agenda. Speakers must submit a written AGENCY: Bureau of Land Management, The properties are described as follows copy of their statement to the address Interior. and include the appurtenant listed in the ADDRESSES section or bring ACTION: Notice of realty action. encumbrances: a written copy to the meeting. Parcel 1, La Pine, 120 acres, BLM Participation in the Advisory Board SUMMARY: This notice announces a Serial Number OR–65290, Willamette meeting is not a prerequisite for comment period and proposed sale of Meridian, Oregon, T. 21 S., R. 10 E., submission of written comments. The five parcels of public land totaling 640 Section 34, SW1⁄4SE1⁄4, E1⁄2SE1⁄4; BLM invites written comments from all acres located in Deschutes County, TL4400. The address for this timbered interested parties. Your written Oregon, at not less than the appraised parcel is 52450 Meadow Lane, La Pine. comments should be specific and market value through competitive It has a county-approved partition plat explain the reason for any bidding. The sale will be conducted by and is recognized by the county as a recommendation. The BLM appreciates the United States General Services legal lot of record with permitted access

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to the adjacent county road. It has coincident with the east line of the patented real property which has county approval for an onsite subject tax lot, depending on the already resulted or does hereafter result wastewater treatment system and is interpretation of the original deed. in: (1) Violations of Federal, State, and zoned by the county for residential Parcel 5, West Redmond, 320 acres, local laws and regulations that are now development. This parcel is in a rural BLM Serial Number OR–65758, or may in the future become, applicable residential neighborhood near the Willamette Meridian, Oregon, T. 15 S., to the real property; (2) Judgments, community of La Pine with paved, R. 12 E., Section 2, SW1⁄4NE1/4, claims, or demands of any kind assessed county road frontage on two sides and N1⁄2SW1⁄4, SW1⁄4SW1⁄4; T. 15 S., R. 12 E., against the United States; (3) Costs, utilities along the property lines. Section 3, SE1⁄4NW1⁄4, N1⁄2SE1⁄4; T. 15 expenses, or damages of any kind Encumbrances include rights-of-way to: S., R. 12 E., Section 11, NW1⁄4NW1⁄4. incurred by the United States; (4) (1) Deschutes County for Burgess Road This parcel is recognized by the county Releases or threatened releases of solid and Meadow Lane serialized OR–51362; as a legal lot of record with potential for or hazardous waste(s) and/or hazardous (2) Mid-State Electric Cooperative, Inc. development. The property has paved substances(s), as defined by Federal or for aerial electric distribution lines county road frontage in three locations State environmental laws, off, on, into, serialized OR–66111; and (3) Qwest and is adjacent to rural residential and or under land, property and other Corporation for buried telephone cable agricultural areas. It is characterized as interests of the United States; (5) serialized OR–66112. mature, juniper woodland offering Activities by which solid waste or Parcel 2, La Pine, 80 acres, BLM Serial panoramic mountain vistas. hazardous substances or waste, as Number OR–65330, Willamette Encumbrances include rights-of-way to: defined by Federal and State Meridian, Oregon, T. 21 S., R. 10 E., (1) Deschutes County for Tetherow Road environmental laws are generated, Section 33, W1⁄2SE1⁄4; TL 4000. This or 74th Street, serialized OR–51362; (2) released, stored, used or otherwise timbered property is zoned by the Central Electric Cooperative, Inc. for a disposed of on the patented real county as Forestry, F–2. It is recognized power line adjacent to Tetherow Road property, and any cleanup response, by the county as a legal lot of record serialized OR–45343. remedial action or other actions related with potential for development. This No representation, warranty, or in any manner to said solid or parcel is in a rural residential covenant of any kind, express or hazardous substances or wastes; or (6) neighborhood near the community of La implied, is given or made by the United Natural resource damages as defined by Pine with legal access provided by States as to access to or from any parcel Federal and State law. This covenant county roads and utilities to the of land, the title, whether or to what shall be construed as running with the property line. extent the land may be developed, its parcels of land patented or otherwise Parcel 3, Bend North, 40 acres, BLM physical condition, present or potential conveyed by the United States, and may Serial Number OR–65379, Willamette uses, or any other circumstance or be enforced by the United States in a Meridian, Oregon, T. 16 S., R. 12 E., condition. All persons, other than the court of competent jurisdiction; and Section 34, SE1⁄4NE1⁄4; TL 100. This successful bidders, claiming to own d. Additional terms and conditions parcel is recognized by the county as a unauthorized improvements on the land that the authorized officer deems legal lot of record with potential for are allowed 60 days from the date of appropriate. On May 13, 2010, the development. Encumbrances include sale to remove the improvements. The above-described lands will be rights-of-way to: (1) The Burlington following rights, reservations, and segregated from all forms of Northern Santa Fe Railway Company, conditions will be included in all of the appropriation under the public land authorized by the Act of March 3, 1875, conveyance documents for the subject laws, including the mining laws, except serialized TD–05864; (2) Pilot Butte parcels: the sale provisions of FLPMA. Until Irrigation District (currently the Central a. A right-of-way for ditches and completion of the sale or termination of Oregon Irrigation District) for an canals constructed by authority of the the segregation, the BLM is no longer irrigation canal right-of-way, serialized United States pursuant to the Act of accepting land use applications TD–02036; (3) Pacific Power for a August 30, 1890 (43 U.S.C. 945); affecting the identified public lands, 115KV electrical transmission line b. A condition that the conveyance be except applications for the amendment serialized OR–17337; (4) Quantum subject to all valid existing rights of of previously filed rights-of-way Communications, LLC, for an record; applications or existing authorizations underground fiber optic cable serialized c. The purchaser/patentee, by to increase the term of the grants in OR–54822; and, (5) an Easement Deed to accepting a patent, covenant and agree accordance with 43 CFR 2807.15 and the Oregon Department of to indemnify, defend, and hold the 2886.15. The segregative effect will Transportation for Highway 97 United States harmless from any costs, terminate upon issuance of a patent, serialized OR–45850. damages, claims, causes of action, publication in the Federal Register of a Parcel 4, Redmond, Yucca Avenue, 80 penalties, fines, liabilities, and termination of the segregation, or May acres, BLM Serial Number OR–65343, judgments of any kind or nature arising 14, 2012, unless extended by the BLM Willamette Meridian, Oregon, T. 14 S., from the past, present, and future acts Oregon/Washington State Director in R. 12 E., Section 34, E1⁄2SE1⁄4; TL 4100. or omissions of the patentee or their accordance with 43 CFR 2711.1–2(d) This parcel is recognized by the county employees, agents, contractors, or prior to the termination date. as a legal lot of record with potential for lessees, or any third party, arising out of Federal law requires that public land development. There is county road or in connection with the patentees’ use, be sold only to either: (1) Citizens of the frontage along Yucca Avenue with the occupancy, or operations on the United States 18 years of age or older; south right-of-way line coincident with patented real property. This (2) corporations subject to the laws of the north line of this property. indemnification and hold harmless any State or the United States; (3) other Northwest (NW) 83rd Street was agreement includes, but is not limited entities such as associations and dedicated to the public as a 60-foot- to, acts and omissions of the patentee partnerships capable of holding lands or wide right-of-way and has been and their employees, agents, interests therein under the laws of the accepted as a public road. According to contractors, or lessees, or any third State within which the lands are the County Surveyors’ Office, the west party, arising out of or in connection located; or (4) States, State right-of-way line of NW 83rd may be with the use and/or occupancy of the instrumentalities, or political

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subdivisions authorized to hold become the final determination of the dispensed.’’ Id. at 2 (citing 21 CFR property. Certifications and evidence to Department of the Interior. 1304.11(b), 1304.11(c), 1304.22(c)).1 this effect will be required of the By letter of October 21, 2008, Deborah Henderson-Norton, purchaser prior to issuance of Respondent’s counsel requested a conveyance documents. District Manager. hearing on the allegations. ALJ Ex. 2, at 2. According to Respondent, he did not A successful bid on a parcel Authority: 43 CFR 2711.1–2. receive the Show Cause Order ‘‘in a constitutes an application for [FR Doc. 2010–11483 Filed 5–12–10; 8:45 am] timely manner because the notice was conveyance of those mineral interests BILLING CODE 4310–33–P delivered to an old address.’’ Id. offered under the authority of Section Respondent further maintained that he 209(b) of the FLPMA. In addition to the ‘‘was notified via facsimile on full purchase price, a non-refundable fee September 22, 2008 that he has an of $50 will be required from the DEPARTMENT OF JUSTICE opportunity to show cause as to why’’ prospective purchaser for purchase of his application should not be denied Drug Enforcement Administration the mineral interests to be conveyed and therefore ‘‘request[ed] the simultaneously with the sale of the opportunity to be heard.’’ Id. The land. [Docket No. 09–6] Government did not object to granting The FLPMA and its implementing Respondent a hearing.2 regulations (43 CFR subpart 2710) Alvin Darby, M.D.; Denial of The case was then assigned to an provide that competitive bidding will be Application agency Administrative Law Judge (ALJ), the general method of selling public who conducted a hearing on July 14 and On June 25, 2008, the Deputy lands. The parcels will be sold through 15, 2009, in New Orleans, Louisiana. At Assistant Administrator, Office of an on-line auction conducted by the the hearing, both parties called Diversion Control, Drug Enforcement GSA. The auction will begin on or about witnesses and introduced documentary Administration, issued an Order to July 12, 2010, via the GSA auction Web evidence. After the hearing, both parties Show Cause to Alvin Darby, M.D. site http://www.auctionrp.com. A copy submitted briefs containing their (Respondent), of Gretna, Louisiana. The of the maps and the Invitation for Bid proposed findings of facts, conclusions Show Cause Order proposed the denial (IFB) package will be available at the of law, and argument. of Respondent’s pending application for BLM Web site http://www.blm.gov/or/ On September 10, 2009, the ALJ a DEA Certificate of Registration as a districts/prineville/plans/fltfa.php. The issued his Recommended Decision practitioner on multiple grounds. ALJ IFB contains property information, (hereinafter, also ALJ). Therein, the ALJ Ex. 1, at 1 (citing 21 U.S.C. 823(f) and bidding instructions, bidder found that ‘‘the credible evidence clearly 824(a)(1) and (2)). qualifications, minimum bid values, bid establishes that Respondent prepared forms, required bid deposits, and other First, the Government alleged that on and submitted an application that sale terms. Copies of the IFB will also April 1, 1998, Respondent had pled falsely indicated that he had never been be available at the BLM Prineville guilty in the Criminal Court for Orleans convicted of a crime in connection with District Office, 3050 NE Third Street, Parish, Louisiana to one felony count of a controlled substance and that he had never had a state professional license Prineville, Oregon. The bid closing date possession of cocaine and one placed on probation.’’ ALJ at 23. The will be determined by bidding activity. misdemeanor county of carrying a ALJ further found that the falsification If parcels are not sold using the on-line concealed weapon. Id. The Order was material as it ‘‘had the capacity to Web-based auction, a notice may be further alleged that Respondent influence DEA’s decision on the posted on the GSA Web site, http:// ‘‘materially falsified’’ his application ‘‘by application’’ and, second, that the www.auctionrp.com, directing failing to disclose [his] * * * felony Government ‘‘ha[d] clearly established a interested parties to an alternative conviction related to controlled prima facie case for the denial of bidding procedure. The parcels will not substances.’’ Id. at 2. Respondent’s application based solely be sold until at least July 12, 2010. Next, the Show Cause Order alleged on the material falsifications contained Comments, including names, street that ‘‘[o]n three separate occasions in [Respondent’s] application.’’ Id. at 24. addresses, and other contact between May 13, and June 24, 2003, The ALJ then addressed the ‘‘the information of respondents will be [Respondent] issued prescriptions for public interest’’ factors under 21 U.S.C. available for public review during hydrocodone ([a] schedule III controlled 823(f). As for factor one (the regular business hours at the address substance) [and] alprazolam ([a] recommendation of the state licensing below. Before including your address, schedule IV controlled substance),’’ to board), the ALJ noted that the Board had phone number, e-mail address, or other an undercover agent in exchange for restored Respondent’s medical license. personal identifying information in your cash, and that the prescriptions lacked ALJ at 26–27. However, he further noted comment, you should be aware that a ‘‘legitimate medical purpose’’ and were your entire comment—including your issued outside of the ‘‘usual course of 1 Moreover, in its Prehearing Statement, the personal identifying information—may professional practice.’’ Id. at 1. Finally, Government notified Respondent that it intended to be made publicly available at any time. the Show Cause Order alleged that litigate the question of whether Respondent had While you can ask us in your comment also materially falsified his March 10, 2005 Respondent ‘‘committed numerous application for registration by failing to disclose to withhold your personal identifying recordkeeping violations under [his] that on August 18, 1999, he had entered into a information from public review, we previous * * * registration,’’ which he Consent Order with the Louisiana State Board of cannot guarantee that we will be able to had surrendered for cause, including Medical Examiners, which placed his medical do so. license on probation for a five year period. ALJ Ex. that: (1) He had ‘‘fail[ed] to take a[n] 4, at 3, 6–7. Comments will be reviewed by the initial inventory of stocks of controlled 2 The ALJ did not make any findings as to BLM Prineville District Manager, who substances,’’ (2) he had ‘‘fail[ed] to take whether the Government’s attempts to serve may sustain, vacate, or modify this and maintain a biennial inventory,’’ and Respondent were constitutionally adequate, the ‘‘ date when service was initially attempted, and/or realty action. In the absence of any (3) he had failed to maintain records of whether Respondent had shown good cause for objections, this realty action will controlled substances [which he] failing to timely file.

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that under Agency precedent, a State drug deals in his parking lot, and the Findings Board’s restoration of a medical license issuance of prescriptions to patients Respondent is a physician licensed by is not dispositive in the public interest before Respondent even saw them) the Louisiana State Board of Medical inquiry because DEA has an made it clear that ‘‘Respondent’s Examiners who practices physical independent responsibility ‘‘to prescribing practices were not designed medicine. GX 3 at 1. Respondent also determine whether a registration is in to issue prescriptions for legitimate previously held a DEA Certificate of ’’ the public interest. Id. at 27 (citing medical purposes in the usual course of Registration, which authorized him to cases). The ALJ thus concluded that this a professional practice.’’ Id. at 30–31. In dispense controlled substances as a factor weighed neither for, nor against, this regard, the ALJ further noted that practitioner at the address of 555 a determination that granting Respondent made the same diagnoses of Holmes Boulevard, Gretna, Louisiana. Respondent a certificate of registration a leg-length discrepancy in each of the GX 1. However, on June 2, 2004, would be in the public interest. Id. 52 patient files that the Government had following an investigation by DEA (the The ALJ next addressed factor three seized and that ‘‘it is patently circumstances of which are set forth (the applicant’s conviction record under unreasonable to attribute [this Federal and State laws related to the below), Respondent voluntarily diagnosis] to mere coincidence.’’ Id. at manufacture, distribution and surrendered his registration. Id.; GX 6. 31. Finally, the ALJ noted that while On March 9, 2005, Respondent dispensing of controlled substances) applied for a new DEA registration and whether Respondent’s ‘‘state felony’’ during the execution of a search using the Agency’s Web site.3 GXs 1 & conviction for ‘‘criminal possession of warrant, Respondent had various crack cocaine’’ constituted a conviction controlled substances on the premises, 8. While Respondent denied filing this under this factor. Id. at 27–28. While the he did not have such required records application, Tr. 309, the Government ALJ concluded that Respondent’s as an initial inventory, the biennial produced evidence showing that the conviction for cocaine possession was inventory, and a dispensing log. Id. at $390 application fee was charged to a not relevant under this factor, id. at 28, 32. credit card account held by him. GX 13, at 2 & 4. he subsequently noted that it could be The ALJ further noted that it was On the application, Respondent was considered under factor five as such ‘‘remarkable that these actions took required to answer four ‘‘liability’’ other conduct which may threaten place even after * * *. Respondent had questions. The first question asked: ‘‘Has public health and safety. Id. at 34–35. been through the criminal justice system The ALJ then turned to factors two, the applicant ever been convicted of a * * * and had his medical license crime in connection with controlled four and five (Respondent’s experience placed on probation.’’ Id. at 33. in dispensing controlled substances, his substance(s) under state or federal law, Moreover, the ALJ found that or is any such action pending?’’ GX 1. compliance with applicable State, Respondent had failed to accept Federal or local laws relating to Respondent answered: ‘‘no.’’ Id. responsibility for his actions and that he The third question asked: ‘‘Has the controlled substances, and such other ‘‘flatly denied preparing and submitting conduct which may threaten the public applicant ever had a state professional the application’’ which he materially license or controlled substance health and safety). With respect to the falsified even though his assertion ‘‘was allegation that Respondent had sold registration revoked, suspended, denied, wholly inconsistent with the evidence controlled substance prescriptions to an restricted, or placed on probation, or is developed at the hearing.’’ Id. at 35. undercover Agent for cash, the ALJ any such action pending?’’ Id. concluded that the Government ‘‘failed The ALJ thus concluded that ‘‘the Respondent again answered: ‘‘no.’’ Id. to present evidence in sufficient[ly] Government has established that the The second question asked: ‘‘Has the credible detail to support [the] Respondent has committed acts that are applicant ever surrendered or had a allegation by a preponderance of the inconsistent with the public interest’’ federal controlled substance registration evidence.’’ Id. at 30. More specifically, and that Respondent has not ‘‘accepted revoked, suspended, restricted or the ALJ noted that the Agent who had responsibility for his actions, expressed denied, or is any such action pending?’’ made the undercover visits did not remorse for his conduct at any level, or Id. at 2. Respondent answered: testify in the proceeding and that the presented evidence that could On June 02, 2004, my primary office in Investigator who testified regarding reasonably support a finding that the Louisiana was visited by the Mississippi them ‘‘conceded’’ that the Agent’s vital Deputy Administrator should again Division of DEA Diversion Unit. Officers of signs were taken and that he had entrust him with a Certificate of this unit expressed concerns regarding lack complained of a medical condition. Id. Registration.’’ Id. at 36. The ALJ thus of Mississippi State DEA Registration. The ALJ also noted that while recommended that Respondent’s Advised to surrender Louisiana DEA Registration to facilitate investigation of other Respondent had diagnosed the Agent as application be denied. Id. matters regarding patient prescription writing ‘‘ ’’ having a leg-length disparity, there Neither party filed exceptions to the [sic] habits. As of this application ‘‘ was not even evidence from which it ALJ’s decision. Thereafter, the record submission, am uncertain of status of the could be inferred that [the Agent] did was forwarded to me for final agency investigation. not, in fact have’’ this condition. Id. 4 However, the ALJ also found that action. Id. at 2. Based on Respondent’s ‘‘yes’’ answer Respondent had pre-signed controlled Having considered the record in its substance prescriptions and that such entirety, I adopt the ALJ’s findings of to the second question, his application prescriptions were not ‘‘issued in the fact (including his credibility findings) was assigned to a DEA Diversion usual course of professional practice.’’ except as expressly noted otherwise. I 3 As explained below, I agree with the ALJ that Id. Moreover, the ALJ concluded that further adopt the ALJ’s legal conclusion Respondent’s testimony that he did not submit the when this practice was coupled with that Respondent’s registration would be March 10, 2005 application is not credible. various circumstances surrounding inconsistent with the public interest. According to the affidavit of a Diversion Respondent’s practice (including the Accordingly, I will adopt the ALJ’s Investigator, while the application was submitted via the internet on March 9, 2005, the transaction late night hours he maintained, the lack recommendation and deny was not posted until the following day. GX 13, at of specific appointment times, various Respondent’s application. I make the 2. instances of his patients negotiating following findings. 4 The fourth liability question was not applicable.

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Investigator with the New Orleans Field Diversion Investigator (DI) from the Respondent that he had stiffness in his Division Office.5 Tr. 189. However, Resident Office (RO) in Gulfport, shoulders. Id. at 147. According to the because there was an open criminal Mississippi, who was involved in the DI, the Respondent had the Agent ‘‘place investigation into his activities in criminal investigation of Respondent. one leg on a telephone book’’ and then Mississippi, no action was taken on the Tr. 21–23. According to the DI, in 2003, ‘‘lifted’’ the Agent’s ‘‘right hand.’’ Id. at application until after the United States his office received information from law 62. Based on this examination, Attorney for the Southern District of enforcement agencies and ‘‘concerned Respondent told the Agent ‘‘that he had Mississippi declined prosecution. Id. citizens and parents’’ that Respondent a pelvic problem in which one foot was During the course of its investigation, was operating a medical practice in 3/4th of an inch lower than his right DEA obtained a copy of a Consent Order D’Iberville (a suburb of Biloxi, side, which caused stress to his entire which Respondent entered into with the Mississippi) that catered to drug-seeking body, [and] therefore caused him pain.’’ Louisiana State Board of Medical patients and which was servicing its Id. At approximately 12:22 a.m., Examiners (hereinafter, State Board or clientele very late at night. Id. at 28–29. Respondent gave the Agent Board), which the latter approved on The Gulfport RO also received prescriptions for 25 dosage units of August 18, 1999. GX 3, at 11. Therein, information that Respondent was Xanax,10 50 dosage units of Vicodin,11 Respondent admitted that on April 1, charging $200.00 for a patient’s first and 30 Soma (carisoprodol, a non- 1998, he had pled guilty to the offense visit, $100.00 for subsequent visits, and controlled drug). Id. at 63–65. The of ‘‘simple possession of cocaine,’’ a that the transactions were being Agent paid a member of the felony under Louisiana law.6 Id. at 2; see conducted in cash.7 Id. at 33. DEA also Respondent’s office staff $202.00 in cash also GX 2(2), at 1; GX 2(3), at 1. learned that the Respondent had an and was given a follow-up appointment Respondent was given a suspended office location in Gretna, Louisiana.8 Id. for May 28, 2003, but with no sentence of two years in the custody of at 25, 33. appointment time indicated. Id. at 66. the Louisiana Department of Correction Based on this information, DEA The Government did not offer either for this offense, two years of probation, conducted an undercover operation the transcript or a recording of the visit fined $600, and ordered to undergo drug which focused on Respondent’s practice (or any of the other visits for that counseling and rehabilitation. GX 3, at in Mississippi. According to the DI, a matter). Moreover, it did not call the 2; GX 2(5). Special Agent (who has since retired), Agent to testify. In the consent order, Respondent using the name of Reggie Glorioso, made At approximately 5 p.m. on May 28, further admitted that he had used five undercover visits to Respondent’s 2003, the Agent returned to marijuana on a daily basis, and that he D’Iberville office as well as two Respondent’s D’Iberville office.12 Id. at had ‘‘used cocaine in 1982, 1985, and undercover visits to a location in nearby 72. The Agent signed in and was told by 1991,’’ and that during 1991, ‘‘he began Diamondhead, Mississippi, where Andre, a member of the office staff that using cocaine on a more regular and Respondent eventually moved his Respondent would not be in until later frequent basis [and] developed a office.9 Id. at 50–51, 54, 124. The DI in the evening. Id. at 74. The Agent and dependency on crack cocaine and testified that his role was to assemble Andre agreed that the former would call ‘primo,’ a mixture of cocaine and the surveillance team that would in and check with the latter to learn marijuana smoked together.’’ GX 3, at 2. monitor and record the progress of the when Respondent was in the office. Id. However, the State Board found that operation through audio transmitters At 9:37 p.m., the Agent called Andre Respondent had submitted to inpatient that the Agent wore. Id. at 47. According and was told that Respondent was in. treatment and ‘‘completed all four to DI, he listened to the visits as they Id. The Agent returned to the office at phases of residential treatment and were being conducted. Id. at 44–48. 9:45 p.m., where he waited until 1:05 made a commitment to long term The DI testified that the first visit was the following morning, when he was recovery by establishing a relationship conducted on May 14, 2003, with the finally taken to an examination room. with the Physicians Health program.’’ Id. Agent arriving at Respondent’s Id. at 67, 74. While in the examination at 2. D’Iberville office at about 5 p.m. Id. at room, the Agent was able to look Based on the above, the State Board 57. Respondent finally arrived at through his patient file and noted that concluded that there was ‘‘just cause’’ to approximately 9 p.m. Id. Respondent’s it contained pre-signed prescriptions for charge Respondent with various office staff weighed the Agent, took his 35 dosage units of Xanax, 65 dosage violations of the Louisiana Medical pulse and blood pressure, and at units of Vicodin, and 65 dosage units of Practice Act. Id. at 3. However, the approximately 10:40 p.m. led him to an Soma.13 Id. at 67–68. While the record is Board placed Respondent on probation examination room. Id. at 57–58, 63. At unclear as to what time Respondent for a period of five years subject to 11:05 p.m., Respondent finally entered entered the exam room, the visit ended various conditions. On May 16, 2008, the exam room. Id. at 59. at 2:15 a.m. and cost $100. Id. at 69, 75. During his interaction with the Board terminated Respondent’s The Agent received the aforementioned Respondent, the Agent told the probation and fully reinstated his prescriptions as well as prescriptions for license. RX 1. 7 According to the DI, in his experience a cash- At the hearing, the Government 10 based medical practice and a cash-based patient A Schedule IV controlled substance. ALJ Ex. 6, presented the testimony of a DEA base are unusual features of a medical practice and at 1. raise investigatory red flags. Tr. at 34–35. 11 A Schedule III controlled substance. ALJ Ex. 6, 5 According to a DI, an affirmative response to 8 The DI testified that a 2003 query of DEA at 1. these ‘‘liability’’ questions can trigger the referral of databases indicates that the Respondent was 12 The DI testified that times were not assigned for an application to a DEA Investigator, and the registered at locations in New Orleans, Louisiana appointments at the Respondent’s D’Iberville office. opening of an investigation. Tr. 184. Conversely, a and Biloxi, Mississippi and that the latter Patients would sign in with a staff member and wait negative answer to all ‘‘liability’’ questions results in registration expired in July 2003. Tr. 24–25, 27–28. around the office, often in the parking lot, for an application being forwarded to a DEA 9 According to the DI, undercover (uc) visits to Respondent to arrive. registration technician for what is an essentially a the D’Iberville office were conducted in 2003 on 13 According to the DI, this combination of drugs pro forma examination with likely approval. Id. at May 14, May 28, June 24, July 22, and August 22; is highly sought after by drug abusers and is known 184–85, 201–04. visits to the Diamondhead office were conducted on on the street as the ‘‘holy trinity.’’ Tr. 84. While 6 In the same proceeding, Respondent pled guilty November 20 and December 18. Tr. at 50–51. The Soma (carisoprodol) is not controlled, it ‘‘enhances to carrying a concealed weapon, a misdemeanor Government, however, only presented evidence the euphoric effect of both the hydrocodone and under Louisiana law. GX 3, at 2. about the first three uc visits. Tr. 55–89. * * * the Xanax.’’ Id.

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naprosyn (a non-controlled drug) and June 2, 2004.18 See GX 4 & 5. During the Tr. 154. According to the DI, he, along for a modified shoe. Id. at 82–83. search, the Government seized various with three or four agents and a According to the DI, notwithstanding controlled substances including 22 representative of the State Board of the hour, ‘‘there were still individuals tablets of hydrocodone 5 mg., 45 tablets Medical Licensure, met with waiting in the parking lot to see’’ of Percocet 10/325 mg.,19 23 tablets of Respondent and interviewed him while Respondent. Id. at 70. Moreover, the DI Lorcet 10/650 mg., 10 full vials and one the search was conducted. Id. at 176. testified as to the Agent’s interaction partially full vial of diazepam 10 mg./ The ALJ specifically found credible the with several of Respondent’s ‘‘patients’’ ml.,20 5 vials of diazepam 5 mg./ml., DI’s testimony that during the interview, that took place in his office parking lot. and 1 vial of Stadol 2 mg./ml.21 GX 5, the Respondent was seated in a chair, Id. at 75–79. One of these individuals, at 3. no threats or promises were made, and T.B., told the Agent that he was ‘‘visiting Notwithstanding the presence of these no weapons were brandished.22 ALJ at more than one physician in order to drugs, Respondent did not have various 8; see also Tr. 130–32, 154–55. The ALJ obtain controlled substances.’’ Id. at 79. records which he was required to also found credible the DI’s testimony The Agent asked T.B. if he was maintain, including an initial and/or that Respondent was informed that he interested in selling his Xanax; the latter biennial inventories, and a dispensing was not under arrest, and that following indicated that he might be interested log. Tr. 113–15, 123–24, 158; see also 21 some discussion about the status of the and the two exchanged phone numbers. CFR 1304.11(b) & (c), id. 1304.22(c). At investigation, Respondent voluntarily Id. at 78–79. The Agent and T.B. also the scene, the Respondent admitted to surrendered his DEA registration and discussed the latter’s selling the agents that he kept no such records. executed a DEA Form 104 (Voluntary hydrocodone to the former and agreed Tr. at 115. The DI also testified that Surrender of Controlled Substances on a price of $3 per dosage unit.14 Id. at while Respondent had issued Privileges). ALJ at 8. The ALJ further 79–80. prescriptions at his Mississippi office, credited the DI’s testimony that before The Agent also exchanged phone his DEA registration for this office had Respondent signed the surrender form, ‘‘ numbers with another individual at the expired in July 2003. Id. at 28; see also he read the Respondent his surrender ’’ 23 scene, L.H., who told the former that he 21 U.S.C. 822(e); 21 CFR 1301.12(a) & rights from the form and Respondent was seeing multiple physicians to (b)(3). acknowledged that he understood the The DI further testified that although obtain drugs. Id. at 80. In response to an significance of signing the document. he was not part of the initial entry team inquiry by the Agent, L.H. agreed to sell Id., see also Tr. at 132–38. that executed the warrant, he was on the During the interview, Respondent him 100 Lortab 15 for $300 and some scene after the premises were secured. stated that he charged about $200.00 for OxyContin 80 mg.16 for $25 a tablet. Id. an initial office visit, $100.00 for at 81. 18 According to the DI, the investigators sought subsequent visits, and offered a 10–20% On June 24, 2003, the Agent made his the warrant to search this office because it was discount for patients who paid in cash. third visit to the D’Iberville office. Id. at where Respondent kept his patient files. Tr. 90. Tr. Tr. at 104, 175. Respondent also told the at 90. 85. According to the DI, the Agent DI that the Internal Revenue Service had arrived a little after 9 p.m. and paid 19 A Schedule II controlled substance which contains oxycodone. ALJ Ex. 6, at 1. a judgment against him for between $100 for the visit. Id. at 86–87. At 20 A Schedule IV controlled substance. ALJ Ex. 6, $180,000.00 and $190,000.00 and that approximately 10:43 p.m., while he was at 1. he owed the entire amount. Id. at 105. still waiting to be see Respondent, a 21 The Officers also seized a .45 caliber pistol Pursuant to the warrant, the staff member called for Reggie Glorioso from his bedroom, which apparently was located Government seized fifty-two patient (the Agent’s assumed name) and handed upstairs from the office. Tr. 90–103. According to the DI, Respondent was unable to produce any files from Respondent’s Gretna, him an appointment card reflecting his documentation for the firearm and offered no Louisiana office. Id. at 116. According to next appointment date, a receipt for explanation regarding its presence on the premises. the DI’s review of the patient files, $100, and prescriptions for Vicodin, Id. at 98–99. Moreover, a serial number check with Respondent had diagnosed each of the Soma, Naprosyn, and Xanax. Id. at 88. the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) did not return a record showing fifty two patients (including that of the These prescriptions had been pre-signed who owned the gun. Id. at 102. Special Agent who used the name of by Respondent and were given to the While the DI had previous experience in a local Reggie Glorioso) as having a leg-length Agent before his interaction with sheriff’s office, he was not familiar with Louisiana’s discrepancy.24 Id. at 116–17. Moreover, Respondent, which commenced at 10:57 firearms laws and did not know whether Respondent’s possession of the gun violated either p.m. and ended five minutes later. Id. at state or federal law. Id. at 103, 160–61. The ALJ 22 The ALJ found that while the weapons may 85–89. further noted that later in the hearing, the have been drawn by other agents during the initial Following the additional visits 17—the Government introduced a document entitled entry to the premises, there is no credible evidence to support the Respondent’s claim that weapons details of which were not elicited from ‘‘Verification of First Offender Pardon’’ which was addressed to the Respondent and indicated that the were brandished during the DI’s interview of the DI—the Investigators obtained a pardon he was granted did not operate to restore Respondent. ALJ at 20. warrant to search Respondent’s Gretna, any rights he might have regarding receiving, 23 Actually, the form contains an explanation of Louisiana office, which was executed on possessing or transporting a firearm. Govt. Ex. 11. the effects of the executed form, after the following In its brief, the Government argues that statement: ‘‘After being fully advised of my rights, ‘‘Respondent was found in violation of the First and understanding that I am not required to 14 A Schedule III controlled substance. ALJ Ex. 6, Offender Pardon when he was found in possession surrender my controlled substances privileges, I at 1. of a loaded pistol during [the] execution of [the] freely execute this document and choose to take the 15 A Schedule III controlled substance which search warrant.’’ Gov. Br. at 17. The Government actions described herein.’’ GX 6, at 1. contains hydrocodone. ALJ Ex. 6, at 1. does not, however, cite to any judicial finding that 24 The Government elicited testimony from the DI 16 A Schedule II controlled substance. ALJ Ex. 6, Respondent was in violation of either the terms of that during his investigation he consulted with a at 1. his probation or of state law. Nor, as the ALJ noted, physician who is an expert in pain management. Tr. 17 On cross examination, the DI testified that at does the Government cite any legal authority to 118–20. The Government, however, did not call the the fifth uc visit, the Agent brought the prescribed support its contention that Respondent was expert to testify nor introduce any documentary shoe into the Respondent’s office. Tr. 147–48. The permanently barred from possessing a handgun. I evidence setting forth his opinion as to the validity cross examination also revealed that during the further agree with the ALJ that ‘‘no valid legal of Respondent’s prescribing practices. final uc visit, the Agent was given some exercises conclusion can reasonably be drawn from the According to the DI, the expert told him that leg- to do. Id. at 149, 152. Neither the Government nor language of the letter or its issuance to the length discrepancy is a rare diagnosis, and that the Respondent elicited any further details Respondent.’’ ALJ at 8 n.23. Finally, the issue is of there were referrals to particular specialists and regarding the uc visits. tangential relevance. other treatment modalities that are customarily

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each file contained evidence that and transcripts of the undercover visits More specifically, the answer stated that Respondent had ‘‘prescribed narcotics’’ to the Respondent’s offices were still in ‘‘[o]n June 2, 2004, my primary office in and ‘‘a modified shoe.’’ Id. at 117. While existence, he did not bring these items Louisiana was visited by’’ a ‘‘DEA the ALJ noted that the Government to the hearing because he was not asked Diversion Unit,’’ which advised him to ‘‘introduced no expert testimony in this to do so. Id. at 9–10. surrender his Louisiana DEA regard,’’ he found it ‘‘striking * * * that The ALJ further found that the DI’s registration. Id. This, of course, was the the same ailment and prescribed testimony concerning his recollection of exact date that the warrant was executed treatment that the Respondent assigned the interaction that took place between and on which Respondent surrendered to SA Price would exist in all the files SA Price and the Respondent was quite his registration. This begs the seized from his practice.’’ ALJ at 9. vague and that on several occasions he question—which Respondent did not While this is true enough, there is no needed to review his case file and an answer—what other individual would testimony to establish how statistically unsigned copy of an affidavit he had have known this information and used improbable the condition is in even a prepared on previous occasion. Id. at 10. it (as well as Respondent’s credit card) single patient. Nor is there any evidence While the ALJ generally found the DI’s to file the application? I thus agree with showing the extent and duration of testimony to be credible, he noted that the ALJ that Respondent completed the Respondent’s prescribing to the other it ‘‘would have been more helpful if it application and gave false testimony fifty-one persons whose files were had been preceded by a higher level of when he denied filing the March 10, reviewed, nor evidence establishing that preparation.’’ Id. Most significantly, the 2005 application. the prescriptions he issued to these ALJ found that the DI’s testimony At the hearing, Respondent did not persons lacked a legitimate medical regarding the interaction between the deny either that he had a felony purpose and were issued outside of the Respondent and the Special Agent conviction for possession of cocaine or usual course of professional practice. during the undercover visits ‘‘was that his medical license had previously The DI further testified that the insufficiently precise to shed significant been placed on probation. While patients came from all over the light on the Respondent’s prescribing Respondent apparently admitted that Southeastern United States and practices as evidenced in those visits.’’ his answer to the first liability question included persons from Alabama, Id. (which asked if he had ‘‘ever been Florida, and Louisiana. Tr. 121. Respondent’s Evidence convicted of a crime in connection with According to the DI, he ran a criminal controlled substances under state or history check on each of the other In his testimony, Respondent federal law’’) was false, he nonetheless patients and found that all of them had repeatedly denied filing the March 10, insisted that his answer to the third 2005 application, and insisted that a history of illegal activity with regard liability question (regarding his state ‘‘there [wa]s no way I could have left all to controlled substances, including such license) was ‘‘correct.’’ Tr. 341. He this incomplete.’’ Tr. 309, 313–14. He offenses as prescription fraud, offenses further testified that in answering the further asserted that he submitted an based on doctor shopping, as well as latter question, he interpreted the application in October or November unlawful distribution apparently of both question as if it asked only whether his 2005 after Hurricane Katrina and that he prescription and non-prescription state prescription writing authority had told the Chicago DEA office everything controlled substances such as marijuana been placed on probation. Id. at 346–47. 25 about his 1998 guilty pleas and the and cocaine. Id. However, as the ALJ However, as found above, the question probation of his state medical license. noted, the Government did not offer any encompasses—in plain English— evidence specific to any of these Id. at 313–15. As to Respondent’s assertion that he discipline imposed against an persons such as their names, the exact applicant’s professional license and not nature or recency of the criminal never filed the March 10, 2005 application, the ALJ found that it ‘‘flies just his state controlled substance activity, and most significantly, whether 27 in the face of much of the credible registration. any of these persons had been convicted Respondent also disputed that his of criminal offenses.26 ALJ at 9 n.29. evidence.’’ ALJ at 19. In particular, the ALJ found it difficult to believe that an patients came from other States, Tr. 406, The ALJ further noted that while the and that he ran a cash-only practice. Id. Government initially indicated that it ‘‘unidentified individual would possess [the] level of personally identifiable at 401. As for why he saw patients so intended to call the retired Agent as a late at night as well as during the wee witness, it declined, without information [necessary to transact the credit card transaction] and be willing hours of the morning, Respondent explanation, to do so at the hearing. ALJ testified that: at 9. The ALJ also noted that while the to pay $390.00 to file an application for DI indicated that the audio recordings a DEA Registration in secret, and to the [t]he only explanation I can give you * * * Respondent’s detriment.’’ Id. (see also that makes sense in terms of * * * what I do id. at 20: ‘‘Perhaps the least credible in as a physiatrist, my approach is fairly unique. utilized during a pain practice. Id. However, there We address the problems of, if you will, is no evidence as to how statistically rare this the litany of incredible assertions put diagnosis is. physical disfunction[sic] in a manner that forth by the Respondent is the testimony typically required that type of extended, sit The ALJ thus considered this evidence only as that he never filed the application for background information showing the down, educational, this is what we’re doing, reasonableness of the DI’s continued investigation. the [Certificate of Registration] this is how we have to approach it, you The ALJ further noted that during its examination containing his material falsifications, know, interacting with the patient to get of the DI, the Government clarified that this was the particularly in light of the fact that his them to understand what was expected of sole purpose for which this portion of his testimony credit card was utilized to pay the them in order to accomplish the goal. was being offered and that, in any event, the DI’s testimony regarding his conversations with the application fee.’’). Id. at 407. expert ‘‘w[as] vague in content and could not even Moreover, the nature of the be fixed with an approximate date and time.’’ Given information that was provided in 27 The Government further showed that on an the Government’s representation, I agree with the response to question 2 on the application that Respondent submitted in June ALJ that testimony is entitled to no weight in application included highly specific 2000, he had also provided a ‘‘no’’ answer to the determining the lawfulness of Respondent’s question ‘‘Has the applicant ever had a state prescribing practices. ALJ at 10. information regarding the circumstances professional license or controlled substance 25 Tr. at 169–70. surrounding Respondent’s surrender of registration revoked, suspended, denied, restricted, 26 Tr. at 38, 40, 121. his previous registration. See GX 1, at 2. or placed on probation?’’ GX 12; Tr. 344.

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As for the DI’s assertion that each of materially falsified any application filed formulation’’ of the concept of the fifty-one persons whose patient file pursuant to or required by this materiality ‘‘is that a concealment or was seized had some criminal behavior subchapter.’’ 21 U.S.C. 824(a)(1). Under misrepresentation is material if it ‘has a or drug history, Respondent testified agency precedent, the various grounds natural tendency to influence, or was that he used a questionnaire which asks for revocation or suspension of an capable of influencing, the decision of’ various questions to identify existing registration that Congress the decisionmaking body to which it problematic patients such as whether enumerated in section 304(a), 21 U.S.C. was addressed.’’ Kungys v. United the patient had or was using illicit 824(a), are also properly considered in States, 485 U.S. 759, 770 (1988) (quoting drugs, whether the patient had a deciding whether to grant or deny an Weinstock v. United States, 231 F.2d psychiatric history, and that he would application under section 303. See The 699, 701 (DC Cir. 1956)) (other citation also do ‘‘a general mental status Lawsons, Inc., 72 FR 74334, 74337 omitted); see also United States v. Wells, assessment’’ of each patient. Id. at 412– (2007); Anthony D. Funches, 64 FR 519 U.S. 482, 489 (1997) (quoting 13. He further maintained that he 14267, 14268 (1999); Alan R. Kungys, 485 U.S. at 770). The evidence discharged problematic patients, Schankman, 63 FR 45260 (1998); Kuen must be ‘‘clear, unequivocal, and including those who were seeking drugs H. Chen, 58 FR 65401, 65402 (1993). convincing.’’ Kungys, 485 U.S. at 772. for self-abuse or to sell. Id. at 413–14. Thus, the allegation that Respondent However, ‘‘the ultimate finding of Putting aside the credibility of materially falsified his application is materiality turns on an interpretation of Respondent’s testimony regarding his properly considered in this proceeding. substantive law.’’ Id. at 772 (int. medical practices, it is notable that he See The Lawsons, 72 FR at 74337; quotations and other citation omitted). failed to address several material issues Samuel S. Jackson, 72 FR 23848, 23852 Moreover, ‘‘[i]t makes no difference that were proved by the Government. (2007). Moreover, just as materially that a specific falsification did not exert More specifically, he offered no falsifying an application provides a influence so long as it had the capacity testimony as to why he had pre-signed basis for revoking an existing to do so.’’ United States v. Alemany prescriptions, and why he failed to registration without proof of any other Rivera, 781 F.2d 229, 234 (1st Cir. 1985). maintain inventories and a dispensing misconduct, see 21 U.S.C. 824(a)(1), it See also United States v. Norris, 749 log. also provides an independent and F.2d 1116, 1121 (4th Cir. 1984) (‘‘There adequate ground for denying an is no requirement that the false Discussion application. The Lawsons, 72 FR at statement influence or effect the Section 303(f) of the Controlled 74338; cf. Bobby Watts, M.D., 58 FR decision making process of a Substances Act (CSA) provides that an 46995 (1993). department of the United States application for a practitioner’s Here, the record establishes two Government.’’). registration may be denied upon a separate grounds for denying DEA has previously held that ‘‘[t]he determination ‘‘that the issuance of such Respondent’s application. First, provision of truthful information on registration would be inconsistent with Respondent materially falsified his applications is absolutely essential to the public interest.’’ 21 U.S.C. 823(f). In March 2005 application for a effectuating [the] statutory purpose’’ of making the public interest registration. Second, Respondent has determining whether the granting of an determination, the CSA requires the committed numerous acts which application is consistent with the public consideration of the following factors: demonstrate that the issuance of a interest. See Peter H. Ahles, 71 FR registration would be inconsistent with 50097, 50098 (2006).28 As a substantive (1) The recommendation of the appropriate the public interest. Moreover, State licensing board or professional matter, Congress has directed that the disciplinary authority. Respondent has failed to offer sufficient Agency consider five factors in (2) The applicant’s experience in evidence to rebut the Government’s determining whether the granting of an dispensing * * * controlled substances. prima facie showing that his registration application is consistent with the public (3) The applicant’s conviction record under would be inconsistent with the public interest. See 21 U.S.C. 823(f). As noted Federal or State laws relating to the interest. above, the Agency is required to manufacture, distribution, or dispensing of The Material Falsification Allegation consider the status of the applicant’s controlled substances. state authority to dispense controlled (4) Compliance with applicable State, As found above, on March 9, 2005, substances,29 the applicant’s experience Federal, or local laws relating to controlled Respondent, who had surrendered his substances. DEA registration on June 2, 2004, 28 Cf. Martha Hernandez, M.D., 62 FR 61145, (5) Such other conduct which may threaten applied for a new registration. While on the public health and safety. 61146 (1997) (An applicant’s answers to the various the application Respondent liability questions are material because this Agency Id. acknowledged that he had previously ‘‘relies upon such answers to determine whether an investigation is needed prior to granting the ‘‘These factors are * * * considered surrendered his DEA registration, he application.’’). A DI explained that, as a procedural in the disjunctive.’’ Robert A. Leslie, provided a ‘‘no’’ answer to the questions matter, when an applicant provides ‘‘no’’ answers to M.D., 68 FR 15227, 15230 (2003). I ‘‘may of whether he had ‘‘ever been convicted the liability questions, the application is forwarded rely on any one or a combination of of a crime in connection with controlled without further investigation to a registration factors, and may give each factor the substances under state or federal law’’ technician for approval. It is acknowledged that Respondent truthfully weight [I] deem[] appropriate in and whether he had ‘‘ever had a state disclosed that he had previously surrendered his determining whether * * * an professional license or controlled registration and thus, his application would have application for registration [should be] substance registration’’ sanctioned. been subjected to an investigation in any case. denied.’’ Id. Moreover, I am not required These statements were clearly false as However, as the Supreme Court has explained, whether a false statement is material depends upon to make findings as to all of the factors. Respondent had been convicted of an interpretation of the substantive law. As Volkman v. DEA, 567 F.3d 215, 222 (6th possession of cocaine, a felony offense explained above, Respondent’s two false answers Cir. 2009); Hoxie v. DEA, 419 F.3d 477, under the laws of Louisiana, and had are clearly material to several of the factors which 482 (6th Cir. 2005). also had his Louisiana Medical License the Agency is charged with considering in making the public interest determination. Under Section 304(a)(1), a registration placed on probation. 29 Not only did Congress direct the Agency to may be revoked or suspended ‘‘upon a Both of these falsifications were consider ‘‘[t]he recommendation of the appropriate finding that the registrant * * * has material. ‘‘The most common State licensing board or professional disciplinary

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in dispensing * * * controlled Arnold, 63 FR 8687, 8688 (1998). (collecting cases), vacated on other substances,’’ his ‘‘conviction record Respondent obviously knew that he had grounds, 249 Fed. Appx. 159 (11th Cir. * * * relating to the * * * dispensing ‘‘been convicted of a crime in 2007). See also Walter S. Gresham, 57 of controlled substances,’’ his connection with controlled substances’’ FR 44213, 44214 (1992); James Beale, 53 ‘‘[c]ompliance with applicable State, under Louisiana law. Likewise, he knew FR 15149, 15150 (1988) (‘‘It is a Federal, or local laws relating to that his state license had previously violation of 21 CFR 1306.05(a) to pre- controlled substances,’’ and whether he been placed on probation. And contrary sign prescriptions for controlled has engaged in ‘‘such other conduct to his protestation that he thought the substances.’’). Respondent’s practice of which may threaten public health and question was only directed at the loss of pre-signing prescriptions is indicative of safety.’’ 21 U.S.C. 823(f). Moreover, his prescription-writing authority, the drug dealing as he clearly had not under the latter factor, DEA has question clearly encompassed the evaluated the undercover Agent prior to frequently denied applications and probationary sanction imposed on his writing the prescriptions to determine revoked the registrations of practitioners Louisiana medical license. whether they were medically necessary who have a history of abusing Thus, Respondent cannot credibly to treat his purported condition.31 controlled substances. See, e.g., Kenneth claim that the falsifications were the The evidence also showed that during Wayne Green, Jr., 59 FR 51453 (1994); result of mere negligence or the search of Respondent’s Louisiana David E. Trawick, 53 FR 5326, 5327 misunderstanding. Indeed, that office, Investigators found various (1988). Respondent denied having even controlled substances including Congress has also explicitly granted submitted the application—an assertion Percocet (a schedule II drug containing the Agency authority to revoke a which is patently false given the oxycodone), hydrocodone and Lorcet registration where a registrant ‘‘has been detailed information that the (both schedule III drugs containing convicted of a felony under [the CSA] or application included and the fact that hydrocodone), diazepam and Stadol any other law of the United States, or of the fee was paid for with his credit (both schedule IV drugs). Respondent any State, relating to any substance card—suggests that the falsification was makes no claim that these drugs had defined in [the CSA] as a controlled intentional. been lawfully prescribed to him. substance.’’ 21 U.S.C. 824(a)(2). As I thus hold that Respondent Under the CSA, ‘‘every registrant noted above, it has long been settled materially falsified his March 2005 * * * shall * * * as soon * * * as that the Agency has authority to deny an application by failing to disclose his such registrant first engages in the application on any of the grounds set conviction for cocaine possession and manufacture, distribution, or dispensing forth in 21 U.S.C. 824.30 the State Board’s imposition of of controlled substances, and every Thus, even though Respondent probation terms on his medical license. second year thereafter, make a complete I further hold that Respondent—as disclosed that he had previously and accurate record of all stocks thereof evidenced by his having denied that he on hand.’’ 21 U.S.C. 827(a)(1); see also voluntarily surrendered his registration submitted the application—has failed to 21 CFR 1304.11(b) & (c). Moreover, and been the subject of an investigation accept responsibility for his ‘‘every registrant * * * manufacturing, with respect to his prescribing practices, misconduct. See Samuel Jackson, 72 FR distributing, or dispensing, a controlled his failure to disclose the previous state at 23853. Thus, Respondent’s material substance or substances shall maintain, discipline (which was based on his falsification provides reason alone to on a current basis, a complete and abuse of various controlled substances deny his application. accurate record of each such substance as well as his conviction for cocaine In addition, the evidence showed that manufactured, received, sold, delivered, possession) and this conviction, still Respondent, when he was previously or otherwise disposed of by him.’’ 21 had the capacity to influence the registered, committed multiple acts U.S.C. 827(a)(3); see also 21 CFR Agency’s decision as to whether his which are properly considered under 1304.22(c) (requirement for dispensing application should be granted. It makes factors two and four and which render records). During the search, Respondent no difference that the Agency did not his ‘‘registration inconsistent with the admitted to the Investigators that he did rely on the misrepresentations and grant public interest.’’ 21 U.S.C. 823(f). As not have the required inventories and his application. See United States v. found above, Respondent issued was not maintaining a dispensing log. I Alemany Rivera, 781 F.2d at 234; United multiple prescriptions for controlled thus further hold that Respondent States v. Norris, 749 F.2d at 1121. substances including hydrocodone and violated Federal law and DEA Under DEA precedent, the Xanax to an undercover Agent who regulations by failing to maintain these Government is not required to show that visited him at his office in D’Iberville, records. the falsification was intentional but only Mississippi. While there is insufficient Notably, Respondent offered no that the applicant ‘‘knew or should have evidence to establish that these testimony addressing either his pre- known that the response given to the prescriptions lacked a legitimate signing of prescriptions or his failure to liability question was false.’’ The medical purpose and were issued maintain required records. Respondent Lawsons, 72 FR at 74339; Samuel outside of the course of professional practice, see 21 CFR 1306.04(a), the 31 The circumstantial evidence which includes authority,’’ a practitioner cannot be registered evidence did show that at the his seeing patients in the wee hours of the morning, unless he ‘‘is authorized to dispense * * * under where the patients were coming from, the the laws of the State in which he practices.’’ 21 undercover Agent’s subsequent visits, interactions that the Agent had with other U.S.C. 823(f). See also 21 U.S.C. 802(21) (defining Respondent had pre-signed ‘‘patients,’’ and the uniformity of his diagnoses, ‘‘practitioner’’ as ‘‘a physician * * * licensed, prescriptions for both of the above create a strong suspicion that Respondent was not registered, or otherwise permitted, by the United controlled substances, and that during engaged in legitimate medical practice but rather States or the jurisdiction in which he practices drug dealing. However, under the substantial * * * to dispense * * * a controlled substance in at least one of these visits, the Agent evidence test, the evidence must ‘‘do more than the course of professional practice’’). was given the prescriptions before he create a suspicion of the existence of the fact to be 30 To make clear, the Agency’s authority to deny even saw Respondent. established.’’ NLRB v. Columbian Enameling & an application is not limited to those convictions DEA has long interpreted the CSA as Stamping Co., 306 U.S. 292, 300 (1939). Given the enumerated in 21 U.S.C. 823(f)(3), but also includes numerous evidentiary gaps in the record, I do not any conviction meeting the standards of 21 U.S.C. prohibiting the pre-signing of make any findings regarding the lawfulness of 824(a)(2) such as a conviction for simple prescriptions. See Jayam Krishna-Iyer, Respondent’s prescribing practices with respect to possession. 71 FR 52148, 52159 & n.9 (2006) the other 51 patients whose files were seized.

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has thus failed to offer any evidence to DEPARTMENT OF JUSTICE 307–0690 [Note: This is not a toll-free rebut the Government’s showing that he number.] Office of Justice Programs has committed acts which render SUPPLEMENTARY INFORMATION: The Panel, granting him a registration inconsistent which was established pursuant to the [OJP (OJP) Docket No. 1519] with the public interest.32 See Medicine Prison Rape Elimination Act of 2003, Shoppe-Jonesborough, 73 FR 364, 387 Hearings of the Review Panel on Public Law 108–79, 117 Stat. 972 (2008) (‘‘Where the Government has Prison Rape (codified as amended at 42 U.S.C. made out its prima facie case, the 15601–15609 (2006)), will hold its next burden shifts to the Respondent to show AGENCY: Office of Justice Programs, hearings to carry out the review why [his] continued registration would Justice. functions specified at 42 U.S.C. nonetheless be consistent with the ACTION: Notice of hearing. 15603(b)(3)(A). Testimony from the public interest.’’). Accordingly, these hearings will assist the Panel in carrying violations of the CSA and DEA SUMMARY: The Office of Justice Programs out its statutory obligations. The witness regulations provide a further basis to (OJP) announces that the Review Panel list is subject to amendment; please deny Respondent’s application. on Prison Rape (Panel) will hold refer to the Review Panel on Prison hearings in Washington, DC on June 3– Rape Web site at http:// Order 4, 2010. The hearing times and location www.ojp.usdoj.gov/reviewpanel/ are noted below. The purpose of the reviewpanel.htm for any updates Pursuant to the authority vested in me hearings is to assist the Bureau of Justice regarding the hearing schedule. Space is by 21 U.S.C. 823(f), as well as by 28 CFR Statistics (BJS) in identifying common limited at the hearing location. Special 0.100(b) and 0.104, I hereby order that characteristics of victims and needs requests should be made to the application of Alvin Darby, M.D., for perpetrators of sexual victimization in Christopher Zubowicz, Designated a DEA Certificate of Registration as a juvenile facilities, and the common Federal Official, OJP, practitioner, be, and it hereby is, denied. characteristics of juvenile facilities with [email protected] or This order is effective immediately. the highest and lowest incidence of (202) 307–0690, at least one week before Dated: April 16, 2010. rape, respectively, based on an the hearings. anonymous survey by the BJS of youth Michele M. Leonhart, in a representative sample of juvenile Michael Alston, Deputy Administrator. facilities. On January 7, 2010, the BJS Office of Justice Programs. [FR Doc. 2010–11431 Filed 5–12–10; 8:45 am] issued the report Sexual Victimization [FR Doc. 2010–11369 Filed 5–12–10; 8:45 am] BILLING CODE 4410–09–P in Juvenile Facilities Reported by Youth, BILLING CODE 4410–18–P 2008–09. The report provides a listing of 32 It is acknowledged that Respondent holds a juvenile facilities grouped according to valid state license (factor one) and has not been the prevalence of reported sexual DEPARTMENT OF JUSTICE convicted of an offense related to the dispensing of victimization, and formed the basis of controlled substances (factor three). However, the Panel’s decision about which Antitrust Division neither of these factors is dispositive. See Edmund Chein, 72 FR 6580, 6590 (2007), aff’d Chein v. DEA, facilities would be the subject of Notice Pursuant to the National 533 F.3d 828 (DC Cir. 2008) (The authority to testimony. Cooperative Research and Production decide whether to grant an application for a DEA DATES: The hearing schedule is as Act of 1993—LiMo Foundation registration has been entrusted to the Attorney follows: General and ‘‘has been delegated solely to the Notice is hereby given that, on March officials of this Agency.’’) See also id. at 6593 n.22 1. Thursday, June 3, 2010, 10 a.m. to 5:45 p.m.: Bureau of Justice Statistics; 12, 2010, pursuant to Section 6(a) of the (absence of criminal convictions not dispositive in National Cooperative Research and public interest inquiry). Fort Bellefontaine, Missouri, Campus— Production Act of 1993, 15 U.S.C. 8 I further note the DI’s testimony that Respondent facility with a low prevalence of sexual ‘‘ ’’ violated Federal law because he wrote prescriptions victimization; Rhode Island Training 4301 et sect. ( the Act ), LiMo at his Mississippi office and did not have a School—facility with a low prevalence Foundation (‘‘LiMo’’) filed written registration in this State. However, the Government of sexual victimization; and Pendleton, notifications simultaneously with the put forward no evidence that identifies specific Indiana, Juvenile Correctional Facility— Attorney General and the Federal Trade prescriptions that Respondent issued after the Commission disclosing changes in its expiration of his Mississippi registration. Moreover, facility with a high prevalence of sexual victimization. membership. The notifications were in its brief, the Government does not rely on this filed for the purpose of extending the conduct. Thus, I do not consider the allegation. 2. Friday, June 4, 2010, 8:30 a.m. to The Government also argues that Respondent’s 1 p.m.: Woodland Hills, Tennessee, Act’s provisions limiting the recovery of conviction for possession of cocaine can be Youth Development Center—facility antitrust plaintiffs to actual damages considered under factor three. However, the with a high prevalence of sexual under specified circumstances. conviction was not for an offense related to the victimization; and Corsicana, Texas, Specifically, Else Limited, Ra’anana, manufacture, distribution, or dispensing of ISRAEL; Teleca Germany GmbH, controlled substances and is thus not properly Residential Treatment Facility—facility with a high prevalence of sexual Neuremberg, GERMANY; Mobi TV, and considered under factor three. However, as the ALJ Emeryville, CA, have been added as reasoned, consistent with Agency precedent, the victimization. conviction can be considered under factor five as parties to this venture. ADDRESSES: such other conduct which may threaten public The hearings will take place No other changes have been made in health and safety. See ALJ at 34–35. While there is at the Office of Justice Programs either the membership or planned evidence that Respondent underwent treatment, Building, Main Conference Room, Third activity of this group research project. and the Government does not argue that Floor, U.S. Department of Justice, 810 Membership in this group research Respondent has a continuing problem with drug 7th Street, NW., Washington, DC 20531. project remains open, and LiMo intends abuse, when coupled with the other violations FOR FURTHER INFORMATION CONTACT: to file additional written notifications proved on this record, it buttresses the conclusion that Respondent is unwilling to conform to the law Christopher Zubowicz, Designated disclosing all changes in membership. and that he cannot be entrusted with a new Federal Official, OJP, On March 1, 2007, LiMo filed its registration. [email protected], (202) original notification pursuant to Section

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6(a) of the Act. The Department of DEPARTMENT OF LABOR ADDRESSES: Submit written comments Justice published a notice in the Federal to Alexandra Kielty, Room S–4203 Register pursuant to Section 6(b) of the Employment and Training Employment and Training Act on April 9, 2007 (72 FR 17583). Administration Administration, 200 Constitution The last notification was filed with Avenue, NW., Washington, DC 20210. Comment Request for Information Telephone number: 202–693–3730 (this the Department on November 10, 2009. Collection for the SCSEP Data A notice was published in the Federal is not a toll-free number). Fax: 202–693– Collection System, OMB Control No. 3587. E-mail: [email protected]. Register pursuant to Section 6(b) of the 1205–0040, Extension With Revisions Act on December 17, 2010 (74 FR SUPPLEMENTARY INFORMATION: 66995). AGENCY: Employment and Training I. Background Administration. Patricia A. Brink, Originally authorized by the Older ACTION: Notice. Deputy Director of Operations, Antitrust Americans Act of 1965, the Senior Division. SUMMARY: The Department of Labor, as Community Service Employment [FR Doc. 2010–11216 Filed 5–12–10; 8:45 am] part of its continuing effort to reduce Program (SCSEP) is funded for BILLING CODE 4410–11–M paperwork and respondent burden approximately $759 million for PY 2010 conducts a preclearance consultation and will provide over 78,000 positions program to provide the general public in which nearly 120,000 low-income DEPARTMENT OF JUSTICE and federal agencies with an persons aged 55 or older will be placed opportunity to comment on proposed in community service employment. At Antitrust Division and/or continuing collections of current placement rates, this should information in accordance with the allow about 20,000 people to be exited Notice Pursuant to the National Paperwork Reduction Act of 1995 from the program with the ultimate goal Cooperative Research and Production (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This of unsubsidized placement in PY 2010. Act of 1993—Institute of Electrical and program helps to ensure that requested To ensure that the Senior Community Electronics Engineers data can be provided in the desired Service Employment Program is format, reporting burden (time and properly administered, and to Notice is hereby given that, on April financial resources) is minimized, implement the performance measures 15, 2010, pursuant to Section 6(a) of the collection instruments are clearly and sanctions authorized by the 2006 National Cooperative Research and understood, and the impact of collection Amendments to the OAA (OAA–2006) Production Act of 1993, 15 U.S.C. 4301 requirements on respondents can be and the Jobs for Veterans Act of 2002, et seq. (‘‘the Act’’), the Institute of properly assessed. Currently, the it is necessary to modify the existing Electrical and Electronics Engineers Employment and Training data collection forms. In addition, a (‘‘IEEE’’) has filed written notifications Administration is soliciting comments collection of information is required simultaneously with the Attorney concerning the collection of data about under OMB Memorandum M–02–06, General and the Federal Trade the Senior Community Service which has been adopted by the Commission disclosing additions or Employment Program (SCSEP), expiring Department of Labor (the Department). changes to its standards development October 31, 2010. Changes are due to This requirement necessitates a revision activities. The notifications were filed the following: (1) In December of 2009, of data collection forms (listed below) for the purpose of extending the Act’s SCSEP received additional funds and revisions to the overall data provisions limiting the recovery of authorized by the Department of Labor collection burden. The legal authority antitrust plaintiffs to actual damages Appropriations Act (Pub. L. 111–117, for the collection of additional under specified circumstances. section D) signed December 17, 2009, information may be found at sections Specifically, 28 new standards have thus increasing the anticipated number 503, 508, 513, and 515 of the OAA– been initiated and 20 existing standards of SCSEP participants and, therefore, 2006. are being revised. More detail regarding increasing the overall record-keeping II. Review Focus these changes can be found at http:// burden. (2) In addition, information standards.ieee.org/standardswire/sba/ The Department of Labor is collection forms have been modified as particularly interested in comments 02-2010.html and http:// necessitated by the reauthorization of standards.ieee.org/standardswire/sba/ which: the SCSEP legislation (2006 • 03-2010.html. Evaluate whether the proposed Amendments to the Older Americans collection of information is necessary On September 17, 2004, IEEE filed its Act, Pub. L. 109–365) and the Jobs for for the proper performance of the original notification pursuant to Section Veterans Act of 2002 (Pub. L. 07–288); functions of the agency, including 6(a) of the Act. The Department of changes in overall burden for some whether the information will have Justice published a notice in the Federal forms based on actual usage statistics; practical utility; Register pursuant to Section 6(b) of the and the requirement to publish changes • Evaluate the accuracy of the Act on November 3, 2004 (69 FR 64105). to the Internet-based SCSEP agency’s estimate of the burden of the The last notification was filed with Performance and Results QPR (SPARQ) proposed collection of information, the Department on January 8, 2010. A system that go into effect on July 1, including the validity of the notice was published in the Federal 2010. methodology and assumptions used; Register pursuant to Section 6(b) of the A copy of the proposed information • Enhance the quality, utility, and Act on February 23, 2010 (75 FR 8115). collection request (ICR) can be obtained clarity of the information to be by contacting the office listed below in collected; and Patricia A. Brink, the addressee section of this notice. • Minimize the burden of the Deputy Director of Operations, Antitrust DATES: Written comments must be collection of information on those who Division. submitted to the office listed in the are to respond, including through the [FR Doc. 2010–11218 Filed 5–12–10; 8:45 am] addressee’s section below on or before use of appropriate automated, BILLING CODE 4410–11–P July 12, 2010. electronic, mechanical, or other

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technological collection techniques or Income Security Act of 1974 (ERISA), 29 Signed at Washington, DC, this 10th day of other forms of information technology, U.S.C. 1142, the 151st open meeting of May 2010. e.g., permitting electronic submissions the Advisory Council on Employee Michael L. Davis, of responses. Welfare and Pension Benefit Plans will Deputy Assistant Secretary, Employee Benefits Security Administration. III. Current Actions be held on June 29–July 1, 2010. [FR Doc. 2010–11436 Filed 5–12–10; 8:45 am] The three-day meeting will take place Type of Review: Extension with BILLING CODE 4510–29–P revisions. in C–5310 Room 1–B, U.S. Department Agency: Employment and Training of Labor, 200 Constitution Avenue, Administration. NW., Washington, DC 20210. The DEPARTMENT OF LABOR Title: SCSEP Performance purpose of the open meeting, which will Measurement System. run from 9 a.m. to approximately 5 p.m. Mine Safety and Health Administration OMB Number: 1205–0040. on June 29 and 30, and from 8:30 a.m. Agency Form Numbers: ETA–9120, to approximately 4 p.m. on July 1, with Petitions for Modification ETA–9121, ETA–9122, ETA–9123, a one-hour break for lunch, is for AGENCY: Mine Safety and Health ETA–9124A, ETA–9124B, ETA–9124C, Advisory Council members to hear Administration (MSHA), Labor. ETA–8705, and ETA–9130. testimony from invited witnesses and to ACTION: Recordkeeping: N/A. Notice of petitions for Affected Public: Not-for-profit receive an update from the Employee modification of existing mandatory institutions; state, local and tribal Benefits Security Administration safety standards. (EBSA). The EBSA update is scheduled governments; business or other for- SUMMARY: for June 30, subject to change. Section 101(c) of the Federal profit organizations; the Federal Mine Safety and Health Act of 1977 and government; and individuals. The Advisory Council will study the 30 CFR Part 44 govern the application, Forms: Participant Data Form—ETA– following issues: (1) Employee Benefit processing, and disposition of petitions 9120; Community Service Assignment Plan Auditing and Financial Reporting for modification. This notice is a Form—ETA–9121; Unsubsidized Models, (2) Disparities for Women and summary of petitions for modification Employment Form—ETA–9122; Exit Minorities in Retirement and Health filed by the parties listed below to Form—ETA–9123; Equitable Care, and (3) Healthcare Literacy. The modify the application of existing Distribution Report Form—ETA–8705; schedule for testimony and discussion mandatory safety standards published Participant Customer Satisfaction— of these issues generally will be one in Title 30 of the Code of Federal ETA–9124A; Host Agency Customer issue per day in the order noted above. Regulations. Satisfaction—ETA–9124B; Employer Descriptions of these topics are DATES: Customer Satisfaction—ETA–9124C; All comments on the petitions available on the Advisory Council page Quarterly Financial Report—ETA–9130. must be received by the Office of Total Respondents: 33,621. of the EBSA Web site, at http:// Standards, Regulations and Variances Frequency: Annual and/or Quarterly. www.dol.gov/ebsa/aboutebsa/ on or before June 14, 2010. Average Time per Response: 8 erisa_advisory_council.html. ADDRESSES: You may submit your minutes. Organizations or members of the comments, identified by ‘‘docket Total Responses: 324,621. public wishing to submit a written number’’ on the subject line, by any of Estimated Total Burden Hours: statement may do so by submitting 30 the following methods: 1. Electronic Mail: Standards- 47,318. copies on or before June 15, 2010, to Total Burden Cost (operating/ [email protected]. maintaining): $83,434. Larry Good, Executive Secretary, ERISA 2. Facsimile: 1–202–693–9441. Comments submitted in response to Advisory Council, U.S. Department of 3. Regular Mail: MSHA, Office of this comment request will be Labor, Suite N–5623, 200 Constitution Standards, Regulations and Variances, summarized and/or included in the Avenue, NW., Washington, DC 20210. 1100 Wilson Boulevard, Room 2350, request for Office of Management and Statements also may be submitted as e- Arlington, Virginia 22209–3939, Budget approval of the information mail attachments in text or pdf format Attention: Patricia W. Silvey, Director, collection request; they will also transmitted to [email protected]. It is Office of Standards, Regulations and become a matter of public record. requested that statements not be Variances. included in the body of the e-mail. 4. Hand-Delivery or Courier: MSHA, Signed at Washington, DC, this 6th day of Office of Standards, Regulations and May 2010. Relevant statements received on or Variances, 1100 Wilson Boulevard, Jane Oates, before June 15, 2010, will be included in the record of the meeting and posted Room 2350, Arlington, Virginia 22209– Assistant Secretary, Employment and 3939, Attention: Patricia W. Silvey, Training Administration. on the Advisory Council page of the EBSA Web site. Individuals or Director, Office of Standards, [FR Doc. 2010–11389 Filed 5–12–10; 8:45 am] Regulations and Variances. representatives of organizations wishing BILLING CODE 4510–FN–P MSHA will consider only comments to address the Advisory Council should postmarked by the U.S. Postal Service or forward their requests to the Executive proof of delivery from another delivery DEPARTMENT OF LABOR Secretary or telephone (202) 693–8668. service such as UPS or Federal Express Oral presentations will be limited to ten on or before the deadline for comments. Employee Benefits Security minutes, time permitting, but an Individuals who submit comments by Administration extended statement may be submitted hand-delivery are required to check in 151st Meeting of the Advisory Council for the record. Individuals with at the receptionist desk on the 21st on Employee Welfare and Pension disabilities who need special floor. Benefit Plans; Notice of Meeting accommodations should contact Larry Individuals may inspect copies of the Good by June 22 at the address petitions and comments during normal Pursuant to the authority contained in indicated. business hours at the address listed Section 512 of the Employee Retirement above.

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FOR FURTHER INFORMATION CONTACT: complying with all applicable within the HBA Unit Emergency Supply Barbara Barron, Office of Standards, provisions set forth in 30 CFR Container. Use of this apparatus to Regulations and Variances at 202–693– 75.1506(b) through (g). The HBA Unit inflate the Inflatable Life Curtains with 9447 (Voice), [email protected] Emergency Supply Container is a steel breathable air does not affect the supply (E-mail), or 202–693–9441 (Telefax). reinforced materials storage box of breathable air supplied to the secure [These are not toll-free numbers.] approximately 8 feet, 61⁄2 inches in area because the regulator can be used SUPPLEMENTARY INFORMATION: length, and 5 feet, 6 inches in width. to increase flow to maintain all The secure area will be accessible and standards set forth in 30 CFR 7.506(c). I. Background included in pre-shift examinations The Inflatable Life Curtains are Section 101(c) of the Federal Mine involving the regular inspection of the designed to achieve a seal in areas with Safety and Health Act of 1977 (Mine secure area and the exterior and interior irregular sides, bottoms and roofs by Act) allows the mine operator or spaces of the HBA Unit Emergency virtue of the inflatable portion of the representative of miners to file a Supply Container. The HBA Unit Inflatable Life Curtains being on its petition to modify the application of any Emergency Supply Container: (A) Is outer perimeter. The piping supplying mandatory safety standard to a coal or certified as designed and constructed to breathable air to the HBA Unit other mine if the Secretary determines withstand 15 psi overpressure for 0.2 Emergency Supply container does not that: (1) An alternative method of seconds and the heat requirements of 30 affect the seal achieved by the Inflatable achieving the result of such standard CFR 7.505; (B) designed and made to Life Curtain because, except in certain exists which will at all times guarantee withstand exposure to a flash fire of 300 intersections of the mine where the no less than the same measure of degrees Fahrenheit for 3 seconds prior piping is buried, the piping will be protection afforded the miners of such to deployment; (C) made with steel covered with inert material at a depth to mine by such standard; or (2) that the which does not have potential to ignite; the diameter of the pipe. The material application of such standard to such (D) made from steel and is structurally used for covering will be material such mine will result in a diminution of reinforced, thus providing sufficient as: Ballast, sand bags, rock dust, mine safety to the miners in such mine. In durability to withstand routine handling gob, earth—rock and dirt, gravel, refuse, addition, the regulations at 30 CFR and resist puncture and tearing during or other similar material that is 44.10 and 44.11 establish the deployment and use; and (E) guarded or approved in the mine ventilation plan. requirements and procedures for filing reinforced to prevent damage to the Spray foam is also included in the HBA petitions for modification. structure that would hinder Unit Emergency Supply container to use deployment, entry, or use. in the unlikely event the Inflatable Life II. Petitions for Modification The HBA Unit Emergency Supply Curtain does not achieve a tight seal on Docket Numbers: M–2010–018–C and Container contains an apparatus to the entry and exit to the secure area. M–2010–019–C. supply breathable air to the secure space All miners working in the above- Petitioner: South Akers Mining resulting in an isolated atmosphere with referenced mines will receive extensive Company, LLC, and Hubble Mining a consistently maintained positive training on the installation, use, and Company, LLC, P.O. Box 392, Pikeville, pressure. The breathable air may be maintenance of the Inflatable Life Kentucky 41502. provided to the secure space for an Curtains. The useable life of the Mine: Mine No. S.A.M. 10, MSHA I.D. indefinite duration because it is used in Inflatable Life Curtains is approximately No. 15–18436, Mine No. S.A.M. 14, conjunction with the Hubble Breathable 10 years, and those included within the MSHA I.D. No. 15–16583, Mine No. Air Unit (‘‘HBA Unit’’) or other unit HBA Unit Emergency Supply Container S.A.M. 19, MSHA I.D. No. 15–19390, approved for supplying breathable air will be regularly inspected and replaced located in Pike County, Kentucky and into the mine from the surface. The as needed. Mine No. S.A.M. 17, MSHA I.D. No. 15– HBA Unit is currently being considered The petitioner states that all miners in 19178, located in Letcher County, for approval by MSHA and the the mines affected by these petitions Kentucky; and Mine No. 2, MSHA I.D. application has been issued Code will receive regular and thorough No. 15–18626, Mine No. 6, MSHA I.D. Number 8297. training on all aspects of the No. 15–19208, Mine No. 7, MSHA I.D. The HBA Unit Emergency Supply installation, use, and maintenance of all No. 15–19266, located in Pike County, Container also contains two inflatable proposed systems. The petitioner also Kentucky and Mine No. 8, MSHA I.D. brattices manufactured by the states that they are unaware of existing No. 15–19252, located in Letcher Heintzmann Corporation, commercially technology that can be feasibly utilized County, Kentucky. referred to as the ‘‘Inflatable Life in the mines listed above to provide an Regulation Affected: 30 CFR Curtain.’’ The Inflatable Life Curtain will area behind 15 psi stoppings allowing 75.1506(a)(2) (Refuge alternatives). be used to isolate the safe haven from for easy access. The petitioner has listed Modification Request: The petitioner the mine atmosphere. Each Inflatable in these petitions other alternative requests a modification of the existing Life Curtain has a door allowing ingress provisions that will be followed when standard concerning the structural and egress to and from the secure area using the refuge alternative. Persons components of units consisting of 15 that utilizes Velcro fastening. The may review a complete list of the pounds per square inch (psi) stopping Inflatable Life Curtain will be inflated in provisions for these petitions at the constructed prior to an event. The place, as recommended by Heintzmann MSHA address listed in this notice. The petitioner proposes to use a refuge Corporation manufacturing petitioner asserts that application of the alternative in the mines listed above specifications. The inflation canisters existing standard concerning the consisting of a secure space cut in the containing carbon dioxide used in structural components of units rib on the intake air side of a mine or conjunction with the Inflatable Life consisting of 15 psi stoppings configured in other locations of the Curtains are also contained within the constructed prior to an event, will result mine, all within 1,000 feet of the HBA Unit Emergency Supply container, in a diminution of safety to the miners working face, which contain the Hubble along with installation instructions. located in the mines listed above, Breathable Air Unit Emergency Supply Alternatively, the Inflatable Life because there is no feasible way to Container, (‘‘HBA Unit Emergency Curtains are designed to be inflated, by ventilate harmful gases such as carbon Supply Container’’), and otherwise an apparatus connected to the regulator monoxide and methane from an area

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behind 15 psi stoppings. The petitioner across long distances rather than NATIONAL AERONAUTICS AND asserts that the proposed alternative benefiting from an engineered safety SPACE ADMINISTRATION method will at all times guarantee no solution. The petitioner asserts that less than the same measure of protection application of the existing standard will Notice of Information Collection afforded by the existing standard. result in a diminution of safety to the AGENCY: National Aeronautics and Docket Number: M–2010–001–M. miners and that the proposed alternative Space Administration (NASA). Petitioner: Morton International, Inc., method will at all times assure no less Highway 83 South, New Iberia, NOTICE: (10–051). than the same measure of protection Louisiana 70560. ACTION: Notice of information collection. Mine: Weeks Island Mine, MSHA I.D. afforded by the standard and actually SUMMARY: No. 16–00970, located in Iberia County, will provide improved safety. The National Aeronautics and Space Administration, as part of its Louisiana. Patricia W. Silvey, Regulation Affected: 30 CFR 57.22304 continuing effort to reduce paperwork (Approved equipment (II–A mines) . Director, Office of Standards, Regulations and and respondent burden, invites the Modification Request: The petitioner Variances. general public and other Federal proposes to use Model J251–D/E Face [FR Doc. 2010–11449 Filed 5–12–10; 8:45 am] agencies to take this opportunity to Drill, manufactured by J.H. Fletcher & BILLING CODE 4510–43–P comment on proposed and/or Company. The petitioner states that: (1) continuing information collections, as The J251–D/E Face Drill consists of an required by the Paperwork Reduction electric drill combined with a diesel- DEPARTMENT OF LABOR Act of 1995 (Pub. L. 104–13, 44 U.S.C. powered tram system. The electric and 3506(c)(2)(A)). diesel power systems are electrically Mine Safety and Health Administration DATES: All comments should be interlocked within the permissible submitted within 30 calendar days from Petitions for Modification enclosure. The electric drill meets the the date of this publication. requirements of 30 CFR part 18. The ADDRESSES: All comments should be This notice amends the petition for electrical interlock between the electric addressed to Brenda Maxwell, Mail and diesel components prevents the modification submitted by Lone Code JF000, National Aeronautics and operation of the electrical system when Mountain Processing, Inc., on July 15, Space Administration, Washington, DC the diesel is running, and prevents the 2009, (Docket Number M–2009–024–C). 20546–0001. diesel system from operating when the The amendment assigns a separate FOR FURTHER INFORMATION CONTACT: electrical system is running. The diesel docket number for each of the mines Requests for additional information or engine for the tram is not an MSHA- listed. Lone Mountain Processing, Inc., copies of the information collection approved permissible engine. The J251– filed a petition for modification of instrument(s) and instructions should D/E Face Drill has a methane existing standard 30 CFR 75.503 be directed to Brenda Maxwell, NASA monitoring system which will be (Permissible electric face equipment; PRA Officer, NASA Headquarters, 300 E connected to both the electric drill and maintenance) and 30 CFR 18.35 Street, SW., Mail Code JF000, the diesel tram circuits of the machine (Portable trailing cables and cords) for Washington, DC 20546, (202) 358–4616, and shuts down both functions at a set the Clover Fork No. 1 Mine, (MSHA I.D. [email protected]. level of methane; (2) drilling equipment No. 15–18647), Huff Creek No. 1 Mine SUPPLEMENTARY INFORMATION: without a diesel tram system requires a (MSHA I.D. No. 15–17234), and Darby I. Abstract multi-step process to transport the Fork No. 1 Mine, MSHA I.D. No. 15– permissible drill equipment between 02263). MSHA published the notice in Information collection is required to remote face locations. These steps the Federal Register on December 21, effectively manage and administer include: (a) hitching the permissible 2009 (74 FR 67915). Initially, this contracts with an estimated value more equipment to a diesel vehicle; (b) petition for modification was assigned than $500,000 for required goods and disabling the permissible equipment’s services in support of NASA’s mission. one docket number. After investigating tram system and brakes; (c) towing the II. Method of Collection permissible equipment to the new face these mines it has been determined that location; (d) re-enabling the tram system the conditions at the mines are different NASA collects this information and brakes; (e) disconnecting the tow and a separate decision and order will electronically where feasible, but vehicle; and (f) repositioning the tow be issued for each mine. This requires information may also be collected by vehicle away from the cutting and having separate docket numbers for mail or fax. each mine. A docket number is assigned drilling equipment; (3) although III. Data procedures and training utilized by for each of the mines as follows: (a) The miners allow these manual steps to be Lone Mountain Processing, Inc., Clover Title: NASA acquisition process, accomplished safely, a machine with its Fork No. 1 Mine, (MSHA I.D. No. 15– reports required for contracts with an own diesel tram system provides an 18647), Docket No. M–2009–024–C; (b) estimated value more than $500,000. Huff Creek No. 1 Mine (MSHA I.D. No. OMB Number: 2700–0089. engineered method to reduce hazards Type of Review: Renewal of a 15–17234), Docket No. M–2010–021–C; for miners associated with towing currently approved collection. vehicles and towed equipment. Those and (c) Darby Fork No. 1 Mine, (MSHA Affected Public: Business or other for- hazards include some of the likely I.D. No. 15–02263), Docket No. M– profit; Not-for-profit institutions; and causes of fatalities and serious injuries 2010–022–C. These mines are located in State, Local or Tribal Government. in mines (e.g. getting caught between Harlan County, Kentucky. Estimated Number of Respondents: the equipment and/or rib); (4) Patricia W. Silvey, 1,700. prohibiting the use of the drill will Estimated Annual Responses: 93,500. require miners at the Weeks Island Mine Director, Office of Standards, Regulations and Estimated Time per Response: 7 to continue to rely on a manual multi- Variances. hours. step process, with greater potential for [FR Doc. 2010–11448 Filed 5–12–10; 8:45 am] Estimated Total Annual Burden human error to move drilling equipment BILLING CODE P Hours: 654,500.

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Estimated Total Annual Cost: $0. offerors, to award Purchase Orders and comment on proposed and/or to use bank cards for required goods and continuing information collections, as IV. Request for Comments services in support of NASA’s mission. required by the Paperwork Reduction Comments are invited on: (1) Whether Act of 1995 (Pub. L. 104–13, 44 U.S.C. II. Method of Collection the proposed collection of information 3506(c)(2)(A)). is necessary for the proper performance NASA collects this information DATES: All comments should be of the functions of NASA, including electronically where feasible, but submitted within 30 calendar days from whether the information collected has information may also be collected by the date of this publication. practical utility; (2) the accuracy of mail or fax. ADDRESSES: All comments should be NASA’s estimate of the burden III. Data addressed to Brenda Maxwell, Mail (including hours and cost) of the Code JF000, National Aeronautics and proposed collection of information; (3) Title: NASA acquisition process, Space Administration, Washington, DC ways to enhance the quality, utility, and Purchase Orders and the use of bank 20546–0001. clarity of the information to be cards for purchases with an estimated collected; and (4) ways to minimize the value less than $100,000. FOR FURTHER INFORMATION CONTACT: burden of the collection of information OMB Number: 2700–0086. Requests for additional information or on respondents, including automated Type of Review: Renewal of a copies of the information collection collection techniques or the use of other currently approved collection. instrument(s) and instructions should forms of information technology. Affected Public: Business or other for- be directed to Brenda Maxwell, NASA profit; Not-for-profit institutions; and PRA Officer, NASA Headquarters, 300 E Brenda J. Maxwell, State, Local or Tribal Government. Street, SW., Mail Code JF000, NASA PRA Clearance Officer. Estimated Number of Respondents: Washington, DC 20546, (202) 358–4616, [FR Doc. 2010–11376 Filed 5–12–10; 8:45 am] 137,086. [email protected]. BILLING CODE P Estimated Annual Responses: SUPPLEMENTARY INFORMATION: 137,086. Estimated Time per Response: 0.25 I. Abstract NATIONAL AERONAUTICS AND hours. Information collection is required to SPACE ADMINISTRATION Estimated Total Annual Burden evaluate bids and proposals from Hours: 43,245. offerors to award contracts for required Notice of Information Collection Estimated Total Annual Cost: $0. goods and services in support of AGENCY: National Aeronautics and IV. Request for Comments NASA’s mission. Space Administration (NASA). Comments are invited on: (1) Whether II. Method of Collection NOTICE: (10–049). the proposed collection of information NASA collects this information ACTION: Notice of information collection. is necessary for the proper performance electronically where feasible, but of the functions of NASA, including SUMMARY: The National Aeronautics and information may also be collected by whether the information collected has mail or fax. Space Administration, as part of its practical utility; (2) the accuracy of continuing effort to reduce paperwork NASA’s estimate of the burden III. Data and respondent burden, invites the (including hours and cost) of the Title: NASA acquisition process, bids general public and other Federal proposed collection of information; (3) and proposals for contracts with an agencies to take this opportunity to ways to enhance the quality, utility, and estimated value more than $500,000. comment on proposed and/or clarity of the information to be OMB Number: 2700–0085. continuing information collections, as collected; and (4) ways to minimize the Type of Review: Renewal of a required by the Paperwork Reduction burden of the collection of information currently approved collection. Act of 1995 (Pub. L. 104–13, 44 U.S.C. on respondents, including automated Affected Public: Business or other for- 3506(c)(2)(A)). collection techniques or the use of other profit; Not-for-profit institutions; and DATES: All comments should be forms of information technology. State, Local or Tribal Government. submitted within 30 calendar days from Brenda J. Maxwell, Estimated Number of Respondents: the date of this publication. 1148. NASA PRA Clearance Officer. ADDRESSES: All comments should be Estimated Annual Responses: 1148. addressed to Brenda Maxwell, Mail [FR Doc. 2010–11378 Filed 5–12–10; 8:45 am] Estimated Time per Response: 600 Code JF000, National Aeronautics and BILLING CODE P hours. Space Administration, Washington, DC Estimated Total Annual Burden NATIONAL AERONAUTICS AND 20546–0001. Hours: 688,800. SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Cost: $0. Requests for additional information or Notice of Information Collection IV. Request for Comments copies of the information collection instrument(s) and instructions should AGENCY: National Aeronautics and Comments are invited on: (1) Whether be directed to Brenda Maxwell, NASA Space Administration (NASA). the proposed collection of information PRA Officer, NASA Headquarters, 300 E NOTICE: (10–048). is necessary for the proper performance Street, SW., Mail Code JF000, ACTION: Notice of information collection. of the functions of NASA, including Washington, DC 20546, (202) 358–4616, whether the information collected has [email protected]. SUMMARY: The National Aeronautics and practical utility; (2) the accuracy of SUPPLEMENTARY INFORMATION: Space Administration, as part of its NASA’s estimate of the burden continuing effort to reduce paperwork (including hours and cost) of the I. Abstract and respondent burden, invites the proposed collection of information; (3) Information collection is required to general public and other Federal ways to enhance the quality, utility, and evaluate bids and proposals from agencies to take this opportunity to clarity of the information to be

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collected; and (4) ways to minimize the OMB Number: 2700–0087. information will be active from May 19, burden of the collection of information Type of Review: Renewal of a 2010 to June 18, 2010. Respondents are on respondents, including automated currently approved collection. invited to respond online via the collection techniques or the use of other Affected Public: Business or other for- Cybersecurity R&D Kickoff forum at forms of information technology. profit; Not-for-profit institutions; and http://cybersecurity.nitrd.gov/, or may State, Local or Tribal Government. submit responses via electronic mail. Brenda Maxwell, Estimated Number of Respondents: Electronic mail responses will be re- NASA PRA Clearance Officer. 3,772. posted on the online forum. [FR Doc. 2010–11379 Filed 5–12–10; 8:45 am] Estimated Annual Responses: 3,772. ADDRESSES: Submit comments by one of BILLING CODE P Estimated Time per Response: 325 the following methods: hours. 1. Cybersecurity R&D Kickoff forum: Estimated Total Annual Burden http://cybersecurity.nitrd.gov/. NATIONAL AERONAUTICS AND Hours: 1,225,900. SPACE ADMINISTRATION 2. Via e-mail: [email protected]. Estimated Total Annual Cost: $0. 3. Mail: National Coordination Office Notice of Information Collection IV. Request for Comments (NCO) for Networking and Information Technology Research and Development AGENCY: National Aeronautics and Comments are invited on: (1) Whether (NITRD), 4201 Wilson Blvd., Suite II– Space Administration (NASA). the proposed collection of information 405, Arlington, VA 22230, attn: Tomas NOTICE: (10–050). is necessary for the proper performance Vagoun. ACTION: Notice of information collection. of the functions of NASA, including Comments submitted in response to whether the information collected has this notice may be made available to the SUMMARY: The National Aeronautics and practical utility; (2) the accuracy of public online or by alternative means. Space Administration, as part of its NASA’s estimate of the burden For this reason, please do not include in continuing effort to reduce paperwork (including hours and cost) of the your comments information of a and respondent burden, invites the proposed collection of information; (3) confidential nature, such as sensitive general public and other Federal ways to enhance the quality, utility, and personal information or proprietary agencies to take this opportunity to clarity of the information to be information. If you submit an e-mail comment on proposed and/or collected; and (4) ways to minimize the comment, your e-mail address will be continuing information collections, as burden of the collection of information captured automatically and included as required by the Paperwork Reduction on respondents, including automated part of the comment that is placed in the Act of 1995 (Pub. L. 104–13, 44 U.S.C. collection techniques or the use of other public docket and made available on the 3506(c)(2)(A)). forms of information technology. Internet. DATES: All comments should be Brenda J. Maxwell, SUPPLEMENTARY INFORMATION: submitted within 30 calendar days from Overview: This notice is issued by the the date of this publication. NASA PRA Clearance Officer. National Coordination Office for the ADDRESSES: All comments should be [FR Doc. 2010–11377 Filed 5–12–10; 8:45 am] BILLING CODE P Networking and Information addressed to Brenda Maxwell, Mail Technology Research and Development Code JF000, National Aeronautics and (NITRD) Program. In concert with the Space Administration, Washington, DC White House Office of Science and 20546–0001. NATIONAL SCIENCE FOUNDATION Technology Policy, agencies of the FOR FURTHER INFORMATION CONTACT: Toward a Federal Cybersecurity NITRD Program have identified three Requests for additional information or Research Agenda: Three Game- initial research and development (R&D) copies of the information collection Changing Themes themes to exemplify and motivate future instrument(s) and instructions should Federal cybersecurity game-change be directed to Brenda Maxwell, NASA AGENCY: The National Coordination research activities: (a) Tailored PRA Officer, NASA Headquarters, 300 E Office (NCO) for Networking and Trustworthy Spaces, (b) Moving Target, Street, SW., Mail Code JF000, Information Technology Research and (c) Cyber Economic Incentives. On Washington, DC 20546, (202) 358–4616, Development (NITRD), NSF. Wednesday May 19, 2010, from 1:30 [email protected]. ACTION: Notice, request for public p.m.–5:00 p.m. PDT, representatives SUPPLEMENTARY INFORMATION: comment. from the National Science Foundation, I. Abstract the Department of Homeland Security, FOR FURTHER INFORMATION CONTACT: and other agencies, will present the Information collection is required to Tomas Vagoun at [email protected] or three themes at the Claremont Hotel, 41 evaluate bids and proposals from (703) 292–4873. Individuals who use a Tunnel Road, Berkeley, CA 94705. This offerors to award contracts with an telecommunications device for the deaf event will be webcast. For the event estimated value less than $500,000 for (TDD) may call the Federal Information agenda, information about the webcast, required goods and services in support Relay Service (FIRS) at 1–800–877–8339 and additional information, go to: of NASA’s mission. between 8 a.m. and 8 p.m., Eastern time, http://www.nitrd.gov/CSThemes.aspx. II. Method of Collection Monday through Friday. This event will be the first discussion of NASA collects this information DATES: Comments must be received by these Federal cybersecurity game- electronically where feasible, but 5 p.m. EDT on June 18, 2010. change R&D objectives and will provide information may also be collected by SUMMARY: With this notice, the National insights into the priorities that are mail or fax. Coordination Office for Networking and shaping the direction of Federal Information Technology Research and research activities. Following this event, III. Data Development (NITRD) requests input an on-line forum will be opened at Title: NASA acquisition process, bids from the public regarding the Federal http://cybersecurity.nitrd.gov/ to and proposals for contracts with an cybersecurity game-change research and provide an opportunity for comments estimated value less than $500,000. development agenda. This request for and feedback.

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Background: With the increased Relevant input received through this first discussion of these Federal attention to cybersecurity, the request will be shared with the Federal cybersecurity game-change R&D President’s Cyberspace Policy Review agencies of the NITRD Program. objectives and will provide insights into challenges the Federal community to Submitted by the National Science the priorities that are shaping the develop a framework for R&D strategies Foundation for the National direction of Federal research activities. that focus on game-changing Coordination Office (NCO) for Following this event, an on-line forum technologies that can significantly Networking and Information will be opened at http:// enhance the trustworthiness of Technology Research and Development cybersecurity.nitrd.gov/ to provide an cyberspace (by ‘‘cyberspace’’ we mean (NITRD). opportunity for comments and feedback. the globally interconnected network of Dated: May 10, 2010. Background: With the increased information technology infrastructures, Suzanne H. Plimpton, attention to cybersecurity, the including the Internet, President’s Cyberspace Policy Review telecommunications networks, Reports Clearance Officer, National Science Foundation. computer systems, and embedded challenges the Federal community to processors in critical industries). [FR Doc. 2010–11443 Filed 5–12–10; 8:45 am] develop a framework for R&D strategies Achieving enduring trustworthiness of BILLING CODE 7555–01–P that focus on game-changing the cyberspace requires new paradigms technologies that can significantly that re-balance security asymmetries of enhance the trustworthiness of NATIONAL SCIENCE FOUNDATION today’s landscape: The cost of cyberspace (by ‘‘cyberspace’’ we mean the globally interconnected network of simultaneously satisfying all the Toward a Federal Cybersecurity requirements of an ideal cybersecurity information technology infrastructures, Research Agenda: Three Game- including the Internet, solution in a static system is impossibly changing Themes high, and so we must enable sub-spaces telecommunications networks, in cyberspace to support different AGENCY: The National Coordination computer systems, and embedded security policies and different security Office (NCO) for Networking and processors in critical industries). services for different types of Information Technology Research and Achieving enduring trustworthiness of interactions; the cost of attack is Development (NITRD). the cyberspace requires new paradigms asymmetric, favoring the attacker, and ACTION: Notice. that re-balance security asymmetries of so defenders must increase the cost of today’s landscape: the cost of attack and must employ methods that FOR FURTHER INFORMATION CONTACT: simultaneously satisfying all the enable them to continue to operate in Tomas Vagoun at [email protected] or requirements of an ideal cybersecurity the face of attack; the lack of meaningful (703) 292–4873. Individuals who use a solution in a static system is impossibly metrics and economically sound telecommunications device for the deaf high, and so we must enable sub-spaces decision making in security misallocates (TDD) may call the Federal Information in cyberspace to support different resources, and so we must promote Relay Service (FIRS) at 1–800–877–8339 security policies and different security economic principles that encourage the between 8 a.m. and 8 p.m., Eastern time, services for different types of broad use of good cybersecurity Monday through Friday. interactions; the cost of attack is practices and deter illicit activities. The DATES: May 19, 2010. asymmetric, favoring the attacker, and research agenda will be built by initially SUMMARY: Representatives from Federal so defenders must increase the cost of focusing on the three themes and on research agencies will present themes to attack and must employ methods that enabling component technologies exemplify and motivate future Federal enable them to continue to operate in supportive of, or required by these cybersecurity research activities. the face of attack; the lack of meaningful themes. metrics and economically sound SUPPLEMENTARY INFORMATION: Invitation to Comment: Input is decision making in security misallocates Overview: This notice is issued by the welcomed to refine these themes so that resources, and so we must promote National Coordination Office for the they can form the basis of an enhanced economic principles that encourage the Networking and Information research agenda, enriching our broad use of good cybersecurity understanding of how to design and Technology Research and Development (NITRD) Program. In concert with the practices and deter illicit activities. The build a more trustworthy cyberspace. research agenda will be built by initially Questions that individuals may wish to White House Office of Science and Technology Policy, agencies of the focusing on the three themes and on address include, but are not limited to enabling component technologies the following: NITRD Program have identified three initial research and development (R&D) supportive of, or required by these 1. How might the three themes be themes. The Federal research refined or enhanced to further improve themes to exemplify and motivate future Federal game-change cybersecurity community welcomes feedback to refine cyberspace? these themes so that they can form the 2. What are the research, research activities: (a) Tailored Trustworthy Spaces, (b) Moving Target, basis of an enhanced research agenda. In development, implementation and other the pursuit of these three initial themes, challenges in achieving the goals under (c) Cyber Economic Incentives. On Wednesday May 19, 2010, from 1:30 we expect new themes, possibly each theme? complementary and possibly 3. What state-of-the-art activities and p.m.–5:00 p.m. PDT, representatives overlapping, will emerge, enriching our use-cases can be cited in support of the from the National Science Foundation, understanding of how to design and three themes? the Department of Homeland Security, 4. How would your organization’s and other agencies, will present the build a more trustworthy cyberspace. future vision support or incorporate the three themes at the Claremont Hotel, 41 Submitted by the National Science three themes? Tunnel Road, Berkeley, CA 94705. This Foundation for the National 5. Should there be a private sector event will be webcast. For the event Coordination Office (NCO) for organization to act as a partner to the agenda and information about the Networking and Information public sector in a continuing game- webcast, go to: http://www.nitrd.gov/ Technology Research and Development change process? CSThemes.aspx. This event will be the (NITRD).

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Dated: May 10, 2010. SMALL BUSINESS ADMINISTRATION Incident: Deepwater Horizon Oil Suzanne H. Plimpton, Spill. [Disaster Declaration # 12161 and # 12162] Reports Clearance Officer, National Science Incident Period: 04/20/2010 And Foundation. TENNESSEE Disaster Number Continuing. [FR Doc. 2010–11444 Filed 5–12–10; 8:45 am] TN–00038 Effective Date: 05/05/2010. EIDL Loan Application Deadline Date: BILLING CODE 7555–01–P AGENCY: Small Business Administration. 02/07/2011. ACTION: Amendment 3. ADDRESSES: Submit completed loan applications to: U.S. Small Business SMALL BUSINESS ADMINISTRATION SUMMARY: This is an amendment of the Administration, Processing And Presidential declaration of a major Disbursement Center, 14925 Kingsport disaster for Public Assistance Only for [Disaster Declaration #12159 and #12160] Road, Fort Worth, TX 76155. the State of TENNESSEE (FEMA–1909– FOR FURTHER INFORMATION CONTACT: A. Tennessee Disaster Number TN–00039 DR), dated 05/04/2010 . Escobar, Office of Disaster Assistance, Incident: Severe Storms, Flooding, U.S. Small Business Administration, AGENCY: Small Business Administration. Straight-Line Winds and Tornadoes. 409 3rd Street, SW., Suite 6050, ACTION: Amendment 3. Incident Period: 04/30/2010 and Washington, DC 20416. continuing. SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This is an amendment of the DATES: Effective Date: 05/06/2010. hereby given that as a result of the Presidential declaration of a major Physical Loan Application Deadline Administrator’s EIDL declaration, disaster for the State of TENNESSEE Date: 07/06/2010. applications for economic injury (FEMA–1909–DR), dated 05/04/2010. Economic Injury (EIDL) Loan disaster loans may be filed at the Incident: Severe Storms, Flooding, Application Deadline Date: 02/04/2011. address listed above or other locally Straight-line Winds, and Tornadoes. ADDRESSES: Submit completed loan announced locations. Incident Period: 04/30/2010 and applications to: Small Business The following areas have been continuing. Administration, Processing and determined to be adversely affected by DATES: Effective Date: 05/07/2010. Disbursement Center, 14925 Kingsport the disaster: Physical Loan Application Deadline Road, Fort Wort, TX 76155. Primary Parishes: Date: 07/06/2010. FOR FURTHER INFORMATION CONTACT: A. Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint EIDL Loan Application Deadline Date: Escobar, Office of Disaster Assistance, Tammany. 02/04/2011. U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Contiguous Parishes and Counties: ADDRESSES: Submit completed loan Washington, DC 20416. Louisiana: Assumption, Saint Charles, applications to: Small Business Saint James, St John The Baptist, SUPPLEMENTARY INFORMATION: The notice Administration, Processing and Tangipahoa, Terrebonne, Disbursement Center, 14925 Kingsport of the President’s major disaster declaration for Private Non-Profit Washington. Road, Fort Worth, TX 76155. Mississippi: Hancock, Pearl River. organizations in the State of The Interest Rates are: FOR FURTHER INFORMATION CONTACT: A TENNESSEE, dated 05/04/2010, is Escobar, Office of Disaster Assistance, hereby amended to include the Percent U.S. Small Business Administration, following areas as adversely affected by 409 3rd Street, SW., Suite 6050, the disaster. Businesses and Small Agricultural Washington, DC 20416. Primary Counties: Dickson, Humphreys, Cooperatives Without Credit SUPPLEMENTARY INFORMATION: The notice Maury, Rutherford, Benton. Available Elsewhere ...... 4.000 of the Presidential disaster declaration Non-Profit Organizations Without All other information in the original Credit Available Elsewhere ...... 3.000 for the State of TENNESSEE, dated declaration remains unchanged. 05/04/2010 is hereby amended to include the following areas as adversely (Catalog of Federal Domestic Assistance The number assigned to this disaster affected by the disaster: Numbers 59002 and 59008) for economic injury is 121630. The States which received an EIDL James E. Rivera, Primary Counties: (Physical Damage Declaration # are Louisiana; Mississippi. and Economic Injury Loans): Associate Administrator for Disaster Assistance. (Catalog of Federal Domestic Assistance Benton, Dickson, Humphreys, Number 59002) Maury, Rutherford, Sumner. [FR Doc. 2010–11411 Filed 5–12–10; 8:45 am] Contiguous Counties: (Economic Injury BILLING CODE 8025–01–P Dated: May 5, 2010. Loans Only): Karen G. Mills, Kentucky: Allen, Simpson. Administrator. SMALL BUSINESS ADMINISTRATION Tennessee: Bedford, Cannon, Coffee, [FR Doc. 2010–11488 Filed 5–12–10; 8:45 am] Giles, Lawrence, Macon, Trousdale. [Disaster Declaration #12163] BILLING CODE 8025–01–P All other information in the original Louisiana Disaster #LA–00032 declaration remains unchanged. Declaration of Economic Injury SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) AGENCY: Small Business Administration. [Disaster Declaration #12149 and #12150] ACTION: Notice. James E. Rivera, Mississippi Disaster Number MS– Associate Administrator for Disaster SUMMARY: This is a notice of an 00036 Assistance. Economic Injury Disaster Loan (EIDL) AGENCY: Small Business Administration. [FR Doc. 2010–11405 Filed 5–12–10; 8:45 am] declaration for the State of Louisiana, ACTION: Amendment 2. BILLING CODE 8025–01–P dated 05/05/2010.

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SUMMARY: This is an amendment of the Administration, Processing and Primary Counties: (Physical Damage Presidential declaration of a major Disbursement Center, 14925 Kingsport and Economic Injury Loans): Dyer, disaster for Public Assistance Only for Road, Fort Worth, TX 76155. Mcnairy, Montgomery, Perry, the State of Mississippi (FEMA–1906– FOR FURTHER INFORMATION CONTACT: A. Shelby, Tipton. DR), dated 04/29/2010. Escobar, Office of Disaster Assistance, Contiguous Counties: (Economic Injury Incident: Severe Storms, Tornadoes, U.S. Small Business Administration, Loans Only): and Flooding. 409 3rd Street, SW., Suite 6050, Tennessee: Benton, Chester, Crockett, Incident Period: 04/23/2010 Through Washington, DC 20416. Decatur, Fayette, Gibson, 04/24/2010. Hardeman, Hardin, Haywood, SUPPLEMENTARY INFORMATION: The notice Effective Date: 05/05/2010. Houston, Lake, Lauderdale, Obion, of the President’s major disaster Physical Loan Application Deadline Stewart, Wayne. declaration for Private Non-Profit Date: 06/28/2010. Arkansas: Crittenden, Mississippi, Economic Injury (EIDL) Loan organizations in the State of Tennessee, Kentucky: Christian, Todd. Application Deadline Date: 01/29/2011. dated 05/04/2010, is hereby amended to Mississippi: Alcorn, Desoto, Marshall. ADDRESSES: Submit completed loan include the following areas as adversely Missouri: Pemiscot. affected by the disaster. applications to: Small Business All other information in the original Administration, Processing and Primary Counties: Dyer, Mcnairy, declaration remains unchanged. Disbursement Center, 14925 Kingsport Montgomery, Perry, Shelby, Tipton. Road, Fort Worth, TX 76155. (Catalog of Federal Domestic Assistance All other information in the original Numbers 59002 and 59008) FOR FURTHER INFORMATION CONTACT: A. declaration remains unchanged. James E. Rivera, Escobar, Office of Disaster Assistance, (Catalog of Federal Domestic Assistance U.S. Small Business Administration, Numbers 59002 and 59008) Associate Administrator for Disaster 409 3rd Street, SW., Suite 6050, Assistance. Washington, DC 20416. James E. Rivera, [FR Doc. 2010–11472 Filed 5–12–10; 8:45 am] SUPPLEMENTARY INFORMATION: The notice Associate Administrator for Disaster BILLING CODE 8025–01–P of the President’s major disaster Assistance. declaration for Private Non-Profit [FR Doc. 2010–11482 Filed 5–12–10; 8:45 am] organizations in the State of Mississippi, BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION dated 04/29/2010, is hereby amended to [Disaster Declaration #12159 and #12160] include the following areas as adversely affected by the disaster. SMALL BUSINESS ADMINISTRATION Tennessee Disaster Number TN–00039 Primary Counties: Monroe, Warren, [Disaster Declaration #12159 and #12160] AGENCY: Small Business Administration. Issaquena. ACTION: Amendment 2. All other information in the original Tennessee Disaster Number TN–00039 SUMMARY: declaration remains unchanged. AGENCY: U.S. Small Business This is an amendment of the (Catalog of Federal Domestic Assistance Administration. Presidential declaration of a major disaster for the State of TENNESSEE Numbers 59002 and 59008) ACTION: Amendment 1. (FEMA–1909–DR), dated 05/04/2010. James E. Rivera, SUMMARY: This is an amendment of the Incident: Severe Storms, Flooding, Associate Administrator for Disaster Straight-line Winds, and Tornadoes. Assistance. Presidential declaration of a major disaster for the State of Tennessee Incident Period: 04/30/2010 and [FR Doc. 2010–11486 Filed 5–12–10; 8:45 am] (FEMA–1909–DR), dated 05/04/2010. continuing. BILLING CODE 8025–01–P Incident: Severe Storms, Flooding, DATES: Effective Date: 05/06/2010. Straight-Line Winds, and Tornadoes. Physical Loan Application Deadline SMALL BUSINESS ADMINISTRATION Incident Period: 04/30/2010 and Date: 07/06/2010. Continuing. EIDL Loan Application Deadline Date: [Disaster Declaration #12161 and #12162] Effective Date: 05/05/2010. 02/04/2011. Physical Loan Application Deadline ADDRESSES: Submit completed loan Tennessee Disaster Number TN–00038 Date: 07/06/2010. applications to: U.S. Small Business AGENCY: Small Business Administration. EIDL Loan Application Deadline Date: Administration, Processing and ACTION: Amendment 1. 02/04/2011. Disbursement Center, 14925 Kingsport ADDRESSES: Submit completed loan Road, Fort Worth, TX 76155. SUMMARY: This is an amendment of the applications to: U.S. Small Business FOR FURTHER INFORMATION CONTACT: A. Presidential declaration of a major Administration, Processing and Escobar, Office of Disaster Assistance, disaster for Public Assistance Only for Disbursement Center, 14925 Kingsport U.S. Small Business Administration, the State of Tennessee (FEMA–1909– Road, Fort Worth, TX 76155. 409 3rd Street, SW., Suite 6050, DR), dated 05/04/2010. Washington, DC 20416. Incident: Severe Storms, Flooding, FOR FURTHER INFORMATION CONTACT: A. Straight-Line Winds and Tornadoes. Escobar, Office of Disaster Assistance, SUPPLEMENTARY INFORMATION: The notice Incident Period: 04/30/2010 and U.S. Small Business Administration, of the Presidential disaster declaration Continuing. 409 3rd Street, SW., Suite 6050, for the State of TENNESSEE, dated Effective Date: 05/05/2010. Washington, DC 20416. 05/04/2010 is hereby amended to Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: The notice include the following areas as adversely Date: 07/06/2010. of the Presidential disaster declaration affected by the disaster: Economic Injury (EIDL) Loan for the State of Tennessee, dated 05/04/ Primary Counties: (Physical Damage Application Deadline Date: 02/04/2011. 2010 is hereby amended to include the and Economic Injury Loans): ADDRESSES: Submit completed loan following areas as adversely affected by Carroll, Crockett, Decatur, Fayette, applications to: U.S. Small Business the disaster: Gibson, Hardeman, Haywood,

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Henderson, Houston, Madison, Montgomery, Prince George’s, Primary Counties: Carroll, Crockett, Obion. Queen Anne’s, Saint Marys, Talbot, Decatur, Fayette, Gibson, Contiguous Counties: (Economic Injury Washington, Wicomico. Hardeman, Haywood, Henderson, Loans Only): The Interest Rates are: Houston, Madison, Obion. Tennessee: Henry, Weakley. All other information in the original Kentucky: Fulton, Hickman. Percent declaration remains unchanged. Mississippi: Benton, Tippah. For Physical Damage: (Catalog of Federal Domestic Assistance All other information in the original Non-Profit Organizations With Numbers 59002 and 59008) declaration remains unchanged. Credit Available Elsewhere .. 3.625 James E. Rivera, (Catalog of Federal Domestic Assistance Non-Profit Organizations With- Numbers 59002 and 59008) out Credit Available Else- Associate Administrator for Disaster where ...... 3.000 Assistance. James E. Rivera, For Economic Injury: [FR Doc. 2010–11410 Filed 5–12–10; 8:45 am] Associate Administrator for Disaster Non-Profit Organizations With- BILLING CODE 8025–01–P Assistance. out Credit Available Else- [FR Doc. 2010–11407 Filed 5–12–10; 8:45 am] where ...... 3.000 BILLING CODE 8025–01–P The number assigned to this disaster SECURITIES AND EXCHANGE for physical damage is 12164B and for COMMISSION SMALL BUSINESS ADMINISTRATION economic injury is 12165B. [Release No. 34–62021; File No. S7–24–89] [Disaster Declaration #12164 and #12165] (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Joint Industry Plan; Notice of Filing of Amendment No. 21 to the Joint Self- Maryland Disaster #MD–00012 James E. Rivera, Regulatory Organization Plan AGENCY: Small Business Administration. Associate Administrator for Disaster Governing the Collection, Assistance. ACTION: Notice. Consolidation and Dissemination of [FR Doc. 2010–11409 Filed 5–12–10; 8:45 am] Quotation and Transaction Information SUMMARY: This is a Notice of the BILLING CODE 8025–01–P for Nasdaq-Listed Securities Traded on Presidential declaration of a major Exchanges on an Unlisted Trading disaster for Public Assistance Only for Privileges Basis Submitted by the the State of Maryland (FEMA–1910– SMALL BUSINESS ADMINISTRATION BATS Exchange, Inc., Chicago Board DR), dated 05/06/2010. [Disaster Declaration #12161 and #12162] Options Exchange, Incorporated, Incident: Severe Winter Storms and Chicago Stock Exchange, Inc., Snowstorms. Tennessee Disaster Number TN–00038 Financial Industry Regulatory Incident Period: 02/05/2010 through Authority, Inc., International Securities 02/11/2010. AGENCY: Small Business Administration. Exchange LLC, NASDAQ OMX BX, Inc., Effective Date: 05/06/2010. ACTION: Amendment 2. NASDAQ OMX PHLX, Inc., Nasdaq Physical Loan Application Deadline Stock Market LLC, National Stock SUMMARY: This is an amendment of the Date: 07/06/2010. Presidential declaration of a major Exchange, Inc., New York Stock Economic Injury (EIDL) Loan disaster for Public Assistance Only for Exchange LLC, NYSE Amex, Inc., and Application Deadline Date: 02/07/2011. the State of Tennessee (FEMA–1909– NYSE Arca, Inc ADDRESSES: Submit completed loan DR), dated 05/04/2010. April 30, 2010. applications to: Small Business Incident: Severe Storms, Flooding, Administration, Processing and Pursuant to Rule 608 of the Securities Straight-Line Winds and Tornadoes. Exchange Act of 1934 (the ‘‘Act’’) 1 Disbursement Center, 14925 Kingsport Incident Period: 04/30/2010 and Road, Fort Worth, TX 76155. notice is hereby given that on April 27, continuing. 2010,2 the operating committee FOR FURTHER INFORMATION CONTACT: Effective Date: 05/06/2010. A. (‘‘Operating Committee’’ or Physical Loan Application Deadline Escobar, Office of Disaster Assistance, ‘‘Committee’’) 3 of the Joint Self- Date: 07/06/2010. U.S. Small Business Administration, Regulatory Organization Plan Governing 409 3rd Street, SW., Suite 6050, Economic Injury (EIDL) Loan Application Deadline Date: 02/04/2011. the Collection, Consolidation, and Washington, DC 20416. Dissemination of Quotation and ADDRESSES: SUPPLEMENTARY INFORMATION: Notice is Submit completed loan Transaction Information for Nasdaq- hereby given that as a result of the applications to: Small Business Listed Securities Traded on Exchanges President’s major disaster declaration on Administration, Processing and 05/06/2010, Private Non-Profit Disbursement Center, 14925 Kingsport 1 17 CFR 242.608. organizations that provide essential Road, Fort Worth, TX 76155. 2 As originally submitted, the Amendment did services of governmental nature may file FOR FURTHER INFORMATION CONTACT: A. not have all the required signatures. The disaster loan applications at the address Escobar, Office of Disaster Assistance, Commission received the missing signature on April 27, 2010. listed above or other locally announced U.S. Small Business Administration, 3 The Plan Participants (collectively, locations. 409 3rd Street, SW., Suite 6050, ‘‘Participants’’) are the: BATS Exchange, Inc. The following areas have been Washington, DC 20416. (‘‘BATS’’); Chicago Board Options Exchange, determined to be adversely affected by SUPPLEMENTARY INFORMATION: The notice Incorporated (‘‘CBOE’’); Chicago Stock Exchange, Inc. (‘‘CHX’’); Financial Industry Regulatory the disaster: of the President’s major disaster Authority, Inc. (‘‘FINRA’’); International Securities Primary Counties: Allegany, Anne declaration for Private Non-Profit Exchange LLC (‘‘ISE’’); NASDAQ OMX BX, Inc. Arundel, Baltimore, Baltimore City, organizations in the State of Tennessee, (‘‘BX’’); NASDAQ OMX PHLX, Inc. (‘‘PHLX’’); dated 05/04/2010, is hereby amended to Nasdaq Stock Market LLC (‘‘Nasdaq’’); National Calvert, Caroline, Carroll, Cecil, Stock Exchange, Inc. (‘‘NSX’’); New York Stock Charles, Dorchester, Frederick, include the following areas as adversely Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. Garrett, Harford, Howard, Kent, affected by the disaster. (‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’).

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on an Unlisted Trading Privilege Basis 2. Merger of Definitions the capacity of the systems. However, in (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed The Participants believe that merging directing the Processor to make any with the Securities and Exchange the definition of the Plan’s transaction proposed change, the Participants must Commission (‘‘Commission’’) reporting system with the definition of cause the system to have no less amendments to the Plan.4 These the Plan’s quotation system under the capacity than the capacity necessary to amendments represent Amendment No. term ‘‘Nasdaq Systems’’ will simplify the meet the aggregate projected capacity requirements for the system for all 21 to the Plan and reflect: An update of language of the Plan and make it easier Participants. the names and addresses of certain to follow. Participants; the merger of the definition v. The Processor will then submit to of the Plan’s transaction reporting 3. Capacity Planning Process each Participant a written proposal for increasing or decreasing total system system with the definition of the Plan’s The amendments seek to introduce a capacity and each Participant’s quotation system under the term capacity planning process into the proportionate share of the estimated ‘‘ ’’ Plans. The proposed capacity planning Nasdaq Systems; the introduction of a costs for implementing any change. process requires each Participant to capacity planning process into the Plan Each Participant’s proportionate share submit its projected capacity needs and the allocation among the of the costs will reflect that Participant’s directly to the Plan’s Processor. The Participants of the costs associated with percentage of the final projected process avoids any need for Participants their capacity needs; the deletion from capacity requirements for all to share their individual capacity needs the Plan of an outdated telephone- Participants. access requirement; the incorporation with one another. The Processor will vi. The Processor will bill each into the Plan of the existing fees provide each Participant with aggregate Participant directly and each Participant applicable to Quotation Information and capacity projections for all Participants, will pay the Processor for the services Transaction Reports disseminated but will not share any individual that the Processor renders to it. The cost pursuant to the Plan; the removal from Participant’s capacity projections with of the services for each Participant will the Plan of the provisions governing the any other Participant. Under the be its proportionate share of the total right of Participants to direct the Plan proposed plan: cost to all of the Participants. a. Semi-Annual Planning Cycles. processor to create and make available vii. Each Participant will be entitled i. The Participants will engage in the depth-of-book displays; the to use its proportionate share of the final capacity planning process on a semi- incorporation into the Plan of the capacity requirements of all Participants annual basis. (In addition to the semi- existing practice of compensating and, at no extra cost, of any excess annual capacity planning process, the capacity. If the Processor determines FINRA for the FINRA data that the Processor may recommend to the Participants include in the information that a Participant is using more than its Operating Committee emergency proportionate share of the aggregate that they make available under the Plan; planning cycles as may be reasonably and, miscellaneous non-substantive capacity and the excess capacity, that necessary.) At the start of each semi- Participant may be subject to a fine. The corrections to the existing language of annual capacity planning cycle, the proceeds from any such fine will be the Plan. Amendment No. 21 was Processor will determine and inform distributed to each of the other unanimously approved by the each Participant of the total amount of 5 Participants in accordance with their Committee. The Commission is system capacity currently available and proportionate shares. publishing this notice of filing to solicit each Participant will develop and b. Intra-Cycle Capacity Transfers. comments from interested persons on submit to the Processor an initial set of i. In between the semi-annual Amendment No. 21.6 projected capacity needs. capacity planning cycles, a Participant ii. Once it receives all of the initial I. Rule 608(a) of Regulation NMS may seek to increase or decrease the sets of projected capacity needs, the amount of capacity available to it by A. Purposes of the Amendment Processor will aggregate the initial notifying the Processor of its desire for projected capacity requirements for all more or less capacity. Under those 1. Update of Participant Information of the Participants and will notify each circumstances, a Participant may The Participants propose to amend Participant as to: purchase additional capacity only if the Plan to reflect changes in the (1) The initial aggregate capacity another Participant has submitted to the corporate names and street addresses of projections for all Participants; Processor an unfilled request to sell a (2) The percentage of capacity BX, PHLX, and NYSEAmex. portion of its capacity or if excess requirements attributable to that capacity exists in the system at that Participant; and, time. A Participant may sell some of its 4 The Plan governs the collection, processing, and dissemination on a consolidated basis of quotation (3) The amount of any projected capacity only if another Participant has information and transaction reports in Eligible excess capacity or any projected deficit submitted to the Processor an unfilled Securities for each of its Participants. This capacity. request to purchase additional capacity. consolidated information informs investors of the (The Processor determines the excess ii. If the Processor is able to match current quotation and recent trade prices of Nasdaq securities. It enables investors to ascertain from one or deficit by comparing the capacity that Participants’ requests to buy and sell data source the current prices in all the markets the then existing systems under the Plan capacity within a planning cycle, the trading Nasdaq securities. The Plan serves as the can provide and the aggregate projected Processor will effect the sale for the required transaction reporting plan for its capacity needs of the Participants.) Participants without revealing either Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange iii. Each Participant will then notify Participants’ identity. Act Release No. 55647 (April 19, 2007) 72 FR 20891 the Processor of its final projected iii. If a Participant determines to (April 26, 2007). capacity needs. acquire available excess capacity, the 5 See letter from Thomas P. Knorring, Chairman, iv. Based on the information that the Processor shall adjust each Participant’s OTC/UTP Operating Committee, to Elizabeth Processor provides, the Operating proportionate share of system costs Murphy, Secretary, Commission, dated February 26, 2010. Committee will determine and advise based on the new amount of capacity 6 The complete text of the Plan, as amended by the Processor of any increase or available to the Participant acquiring the Amendment No. 21, is attached as Exhibit A. decrease that they propose to make to available excess capacity.

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c. Non-Disclosure. (i) The usage fees for UTP Level 1 quotation and last sale information Under this plan, the Processor will Service set forth in current Nasdaq Rule relating to over-the-counter securities by not disclose to any Participant: the 7011 (for professional and allocating to FINRA 6.25 percent of initial or final projected capacity nonprofessional subscribers) will appear gross revenues collected under the requirements of any other Participant; verbatim as subsections (a) and (b) of Nasdaq/UTP Plan for any particular the percentage of the aggregate amount proposed Exhibit 2; calendar year. (The allocation is made of capacity attributable to any other (ii) The automated voice response prior to subtracting the Processor’s costs Participant; or any other Participant’s service fee set forth in current Nasdaq and the Administrator’s costs from gross between-planning-cycles request to Rule 7020 will appear verbatim as revenue.) increase or decrease capacity. subsection (c) of proposed Exhibit 2; In the interests of transparency, the (iii) The ‘‘per query’’ fee for the UTP 4. Deletion of Telephone Access Participants propose to add to Exhibit 1 Level 1 entitlement set forth in current Requirement to the Nasdaq/UTP Plan a specific Nasdaq Rule 7028 will appear verbatim reference to this FINRA allocation for In adopting Regulation NMS under as subsection (d) of proposed Exhibit 2; the receipt and use of quotation and last the Act, the Commission required each and, sale information relating to over-the- Participant to provide for fair and (iv) The annual administrative fee set counter securities. efficient order-execution access to forth in current Nasdaq Rule 7019(a) quotations in each security displayed will be modified to refer to the UTP 8. Non-Substantive Changes through its trading facility.7 Level 1 entitlement and will appear as In the interests of ‘‘cleaning up’’ Section IX (Market Access) of the subsection (f) of proposed Exhibit 2. certain Nasdaq/UTP Plan language, the Nasdaq/UTP Plan cites this requirement In addition, subsection (e) of Participants propose to make certain and provides a ‘‘safe harbor’’ to assure proposed Exhibit 2 would codify the non-substantive clarifications and compliance while each Participant current pricing for distribution of the corrections to make the Plan more easily adopted such systems and other changes UTP Level 1 service via cable television, understood and to fix typographical and as might be necessary to allow it to pricing that Nasdaq first established in grammatical errors and the like. comply with the fair-and-efficient- 1997.8 access requirement. Specifically, B. Governing or Constituent Documents Section IX requires Participants to 6. Removal of ‘‘Depth-of-Book Displays’’ The amendments do not affect the permit each FINRA market participant Provision governing or constituent documents of to have direct telephone access to the Section XXI (Depth of Book Display) the Processor. However, in connection specialist, trading post, market maker of the Nasdaq/UTP Plan currently with the Participants’ proposed capacity and supervisory center in the securities affords each Participant the opportunity planning process, the Participants have that trade on that Participant unless the to seek to have the Processor under the proposed to adopt Exhibit 3 (‘‘UTP Participant complies with the fair-and- Plan collect, consolidate, and Capacity Planning Process’’) to the efficient-access requirements of disseminate that Participant’s depth-of- Nasdaq/UTP Plan to govern, in part, the Regulation NMS. book quotation information, so long as rights and obligations of the Processor Because the Participants have now doing so would not interfere with the under the proposed capacity planning had sufficient time to comply with the Plan’s core functionality. Because none process. In addition, Attachment 1 to fair-and-efficient-access requirements of of the Participants has demonstrated Exhibit 3 provides a ‘‘Processor Capacity Regulation NMS, the direct-telephone- interest in pursuing such a product Planning Process Calendar’’ and access requirement has become through the Plan and because several Attachment 2 to Exhibit 3 sets outdated and the Participants feel it is Participants have pursued the creation Processor-administered penalties for no longer necessary. For that reason, the and dissemination of their own Participants that exceed their Participants propose to delete the direct- proprietary depth-of-book products proportionate share of capacity. telephone-access requirement from outside of the Plan, the Participants C. Implementation of Amendment Section IX. propose to delete Section XXI from the The amendments would take effect 5. Incorporation of Existing Fees Plan. upon their approval by the Commission. In order to increase the transparency 7. FINRA Compensation of the fees that the Participants impose D. Development and Implementation For some time, the fees that the Phases under the Nasdaq/UTP Plan for the Participants charge for the receipt and receipt and use of Quotation use of quotation and transaction The Participants propose to Information and Transaction Reports information for Nasdaq-listed securities commence to plan for their capacity that the Participants disseminate under the Nasdaq/UTP Plan have also needs pursuant to the proposed pay-for- pursuant to the Plan, the Participants entitled data recipients to receive and capacity practice with the capacity propose to add a new Exhibit 2 to the use quotation and last sale information planning cycle that will begin in March Nasdaq/UTP Plan. Exhibit 2 would relating to over-the-counter securities. 2010. They propose to commence reflect the fees for services under the Historically, the Nasdaq/UTP paying for capacity in accordance with Nasdaq/UTP Plan. Although those fees Participants have compensated FINRA the proposed amendments in July 2010, (other than the cable television for the value represented by its in conjunction with the completion of distribution fees) are currently reflected the March 2010 planning cycle. in the rulebook of Nasdaq, the 8 The monthly charge for distribution of UTP E. Analysis of Impact on Competition Participants believe that moving them to Level 1 Service through a cable television the Nasdaq/UTP Plan will make it easier distribution system is currently as follows: The proposed amendments do not for recipients of Plan data to locate First 10 million Subscriber Households $2.00 impose any burden on competition that per 1,000 households. is not necessary or appropriate in them. Next 10 million Subscriber Households $1.00 Specifically: per 1,000 households. furtherance of the purposes of the For Subsequent Subscriber Households $0.50 Exchange Act. The proposed capacity 7 See 17 CFR 242.610. per 1,000 households. planning process subjects each

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Participant to the same terms and which the Participants under the Plans amendment that are filed with the conditions for procuring system can plan for the capacity needs of the Commission, and all written capacity under the Plan. systems that they use to gather market communications relating to the data from their respective marketplaces proposed Plan amendment between the F. Written Understanding or Agreements for consolidation and distribution to the Commission and any person, other than Relating to Interpretation of, or public. those that may be withheld from the Participation in, Plan public in accordance with the As a result of the amendments, the C. Manner of Collecting, Processing, provisions of 5 U.S.C. 552, will be Participants have agreed in writing to Sequencing, Making Available and available for Web site viewing and comply with: Disseminating Last Sale Information printing in the Commission’s Public 1. Capacity planning procedures (See Not applicable. Reference Room on official business proposed Exhibit 3); days between the hours of 10 a.m. and D. Manner of Consolidation 2. Deadlines set forth in a capacity 3 p.m. Copies of the filing also will be planning calendar (See proposed Not applicable. available for Web site viewing and Attachment 1 to proposed Exhibit 3); E. Standards and Methods Ensuring printing at the Office of the Secretary of and, Promptness, Accuracy and the Committee, currently located at the 3. Penalties for exceeding capacity Completeness of Transaction Reports CBOE, 400 S. LaSalle Street, Chicago, IL requests (See to the calendar (See 60605. All comments received will be proposed Attachment 1 to proposed Not applicable. posted without change; the Commission Exhibit 3). F. Rules and Procedures Addressed to does not edit personal identifying The Participants have no other Fraudulent or Manipulative information from submissions. You written understandings or agreements Dissemination should submit only information that relating to interpretation of the Plans as you wish to make available publicly. All a result of the amendments. Not applicable. submissions should refer to File Number S7–24–89 and should be G. Approval by Sponsors in Accordance G. Terms of Access to Transaction submitted on or before June 3, 2010. With Plan Reports Not applicable. For the Commission, by the Division of In accordance with Section XVI of the Trading and Markets, pursuant to delegated Nasdaq/UTP Plan, each Participant has H. Identification of Marketplace of authority.9 agreed to the amendments. Execution Florence E. Harmon, H. Description of Operation of Facility Not applicable. Deputy Secretary. Contemplated by the Proposed III. Solicitation of Comments Exhibit A: Nasdaq UTP Plan Amended Amendment and Restated Plan The Commission seeks general The proposed capacity planning Amendment No. 21 process for use of Nasdaq/UTP Plan comments on Amendment No. 21. systems is described in detail above. Interested persons are invited to submit The undersigned registered national written data, views, and arguments securities association and national I. Terms and Conditions of Access concerning the foregoing, including securities exchanges (collectively The proposed capacity planning whether the proposal is consistent with referred to as the ‘‘Participants’’), have process for use of Nasdaq/UTP Plan the Act. Comments may be submitted by jointly developed and hereby enter into systems is described in detail above. any of the following methods: this Nasdaq Unlisted Trading Privileges Plan (‘‘Nasdaq UTP Plan’’ or ‘‘Plan’’). J. Method of Determination and Electronic Comments Imposition, and Amount of, Fees and • Use the Commission’s Internet I. Participants Charges comment form (http://www.sec.gov/ The Participants include the Not applicable. The fees and charges rules/sro.shtml); or following: • Send an e-mail to rule- that the Participants propose to A. Participants incorporate into the Nasdaq/UTP Plan [email protected]. Please include File 1. BATS Exchange, Inc., 8050 Marshall are currently applicable fees and Number S7–24–89 on the subject line. Drive, Lenexa, Kansas 66214. charges. The Participants are not Paper Comments 2. Chicago Board Options Exchange, proposing any new fees or charges. • Send paper comments in triplicate Inc., 400 South LaSalle Street, 26th K. Method and Frequency of Processor to Elizabeth M. Murphy, Secretary, Floor, Chicago, Illinois 60605. Evaluation Securities and Exchange Commission, 3. Chicago Stock Exchange, 440 South LaSalle Street, Chicago, Illinois Not applicable. 100 F Street, NE., Washington, DC 20549–1090. 60605. L. Dispute Resolution 4. Financial Industry Regulatory All submissions should refer to File Authority, Inc., 1735 K Street, NW., Not applicable. Number S7–24–89. This file number Washington, DC 20006. II. Rule 601(a) of Regulation NMS should be included on the subject line 5. International Securities Exchange, if e-mail is used. To help the LLC, 60 Broad Street, New York, A. Equity Securities for which Commission process and review your New York 10004. Transaction Reports Shall Be Required comments more efficiently, please use 6. NASDAQ OMX BX, Inc., One Liberty by the Plan only one method. The Commission will Plaza, New York, New York 10006. Not applicable. post all comments on the Commission’s 7. NASDAQ OMX PHLX, Inc., 1900 Internet Web site (http://www.sec.gov/ Market Street, Philadelphia, B. Reporting Requirements rules/sro.shtml). Copies of the Pennsylvania 19103. As described above, the amendments submission, all written statements with provide a new process pursuant to respect to the proposed Plan 9 17 CFR 200.30–3(a)(27).

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8. National Stock Exchange, Inc., 101 effect for continued listing on Nasdaq, K. ‘‘Nasdaq Security’’ or ‘‘Nasdaq- Hudson, Suite 1200, Jersey City, NJ and thus is suspended from trading; or listed Security’’ means any security 07302. (ii) the security has been suspended listed on the Nasdaq Global Market or 9. New York Stock Exchange LLC, 11 from trading because the issuer thereof Nasdaq Capital Market. Wall Street, New York, New York is in liquidation, bankruptcy or other L. ‘‘News Service’’ means a person 10005. similar type proceedings. The who receives Transaction Reports or 10. NYSE Amex LLC, 20 Broad Street, determination as to whether a security Quotation Information provided by the New York, New York 10005. substantially meets the criteria of the Nasdaq System or provided by a 11. NYSE Arca, Inc., 100 South Wacker definition of Eligible Security shall be Vendor, on a Current basis, in Drive, Suite 1800, Chicago, IL made by the exchange on which such connection with such person’s business 60606. security is listed provided, however, of furnishing such information to 12. The Nasdaq Stock Market LLC, 1 that if such security is listed on more newspapers, radio and television Liberty Plaza, 165 Broadway, New than one exchange then such stations and other news media, for York, NY 10006. determination shall be made by the publication at least fifteen (15) minutes B. Additional Participants exchange on which, the greatest number following the time when the of the transactions in such security were information first has been published by Any other national securities effected during the previous twelve- the Processor. association or national securities month period. M. ‘‘OTC Montage Data Feed’’ means exchange, in whose market Eligible C. ‘‘Commission’’ and ‘‘SEC’’ shall the data stream of information that Securities become traded, may become mean the U.S. Securities and Exchange provides Vendors and Subscribers with a Participant, provided that said Commission. quotations and sizes from each FINRA organization executes a copy of this D. ‘‘Exchange Act’’ means the Participant. Plan, provides to the Processor its Securities Exchange Act of 1934, as N. ‘‘Participant’’ means a registered Projected Processor Capacity amended. national securities exchange or national Requirements, as specified in Exhibit 3, E. ‘‘Market’’ shall mean (i) when used securities association that is a signatory and pays its share of development costs with respect to Quotation Information, to this Plan. as specified in Section XIII. FINRA in the case of a FINRA O. ‘‘Plan’’ means this Nasdaq UTP II. Purpose of Plan Participant, or the Participant on whose Plan, as from time to time amended The purpose of this Plan is to provide floor or through whose facilities the according to its provisions, governing for the collection, consolidation and quotation was disseminated; and (ii) the collection, consolidation and dissemination of Quotation Information when used with respect to Transaction dissemination of Quotation Information and Transaction Reports in Eligible Reports, the Participant through whose and Transaction Reports in Eligible Securities from the Participants in a facilities the transaction took place or is Securities. manner consistent with the Exchange reported, or the Participant to whose P. ‘‘Processor’’ means the entity Act. The Participants commenced facilities the order was sent for selected by the Participants to perform publication of Quotation Information execution. the processing functions set forth in the and Transaction Reports on Eligible F. ‘‘FINRA’’ means the Financial Plan. Securities as contemplated by this Plan Industry Regulatory Authority, Inc. Q. ‘‘Quotation Information’’ means all on July 12, 1993. G. ‘‘FINRA Participant’’ means a bids, offers, displayed quotation sizes, It is expressly understood that each FINRA member that is registered as a the market center identifiers and, in the Participant shall be responsible for the market maker or an electronic case of FINRA, the FINRA Participant collection of Quotation Information and communications network or otherwise that entered the quotation, withdrawals Transaction Reports within its market utilizes the facilities of FINRA pursuant and other information pertaining to and that nothing in this Plan shall be to applicable FINRA rules. quotations in Eligible Securities deemed to govern or apply to the H. ‘‘UTP Quote Data Feed’’ means the required to be collected and made manner in which each Participant does service that provides Subscribers with available to the Processor pursuant to so. the National Best Bid and Offer this Plan. quotations, size and market center R. ‘‘Regulatory Halt’’ means a trade III. Definitions identifier, as well as the Best Bid and suspension or halt called for the A. ‘‘Current’’ means, with respect to Offer quotations, size and market center purpose of dissemination of material Transaction Reports or Quotation identifier from each individual news, as described at Section X hereof Information, such Transaction Reports Participant in Eligible Securities and, in or that is called for where there are or Quotation Information during the the case of FINRA, the FINRA regulatory problems relating to an fifteen (15) minute period immediately Participant(s) that constitutes FINRA’s Eligible Security that should be clarified following the initial transmission Best Bid and Offer quotations. before trading therein is permitted to thereof by the Processor. I. ‘‘Nasdaq System’’ means collectively continue, including a trading halt for B. ‘‘Eligible Security’’ means any the automated quotation system extraordinary market activity due to Nasdaq Global Market or Nasdaq Capital operated by Nasdaq and the system system misuse or malfunction under Market security, as defined in NASDAQ provided for in the Transaction Section X.E.1. of the Plan Rule 4200. Eligible Securities under this Reporting Plan filed with and approved (‘‘Extraordinary Market Regulatory Nasdaq UTP Plan shall not include any by the Commission pursuant to SEC Halt’’). security that is defined as an ‘‘Eligible Rule 11Aa3–1, subsequently re- S. ‘‘Subscriber’’ means a person who Security’’ within Section VII of the designated as Rule 601 of Regulation receives Current Quotation Information Consolidated Tape Association Plan. NMS, governing the reporting of or Transaction Reports provided by the A security shall cease to be an Eligible transactions in Nasdaq securities. Processor or provided by a Vendor, for Security for purposes of this Plan if: (i) J. ‘‘UTP Trade Data Feed’’ means the its own use or for distribution on a non- The security does not substantially meet service that provides Vendors and Current basis, other than in connection the requirements from time to time in Subscribers with Transaction Reports. with its activities as a Vendor.

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T. ‘‘Transaction Reports’’ means Operating Committee agrees that e. Except as provided under Section reports required to be collected and circumstances so warrant. IV(C)(3) hereof, requests for system made available pursuant to this Plan Nothing in this section or elsewhere changes; and containing the stock symbol, price, and within the Plan shall authorize any f. All other matters not specifically size of the transaction executed, the person or organization other than addressed by the Plan. Market in which the transaction was Participants, their representatives, and 2. With respect to the establishment of executed, and related information, members of the Advisory Committee to new fees or increases in existing fees including a buy/sell/cross indicator and participate on the Operating Committee relating to Quotation Information and trade modifiers, reflecting completed in any manner other than as an advisor Transaction Reports in Eligible transactions in Eligible Securities. or observer. Only the Participants and Securities, the affirmative vote of two- U. ‘‘Vendor’’ means a person who their representatives as well as thirds of the Participants entitled to vote receives Current Quotation Information Commission staff may participate in shall be necessary to constitute the or Transaction Reports provided by the Executive Sessions of the Operating action of the Operating Committee. 3. The affirmative vote of a majority Processor or provided by a Vendor, in Committee. of the Participants entitled to vote shall connection with such person’s business B. Operating Committee: Authority be necessary to constitute the action of of distributing, publishing, or otherwise the Operating Committee with respect furnishing such information on a The Operating Committee shall be responsible for: to: Current basis to Subscribers, News a. Requests for system changes Services or other Vendors. 1. Overseeing the consolidation of Quotation Information and Transaction reasonably related to the function of the IV. Administration of Plan Reports in Eligible Securities from the Processor as defined under the Plan. All other requests for system changes shall A. Operating Committee: Composition Participants for dissemination to Vendors, Subscribers, News Services be governed by Section IV(C)(1)(e) The Plan shall be administered by the and others in accordance with the hereof. Participants through an operating provisions of the Plan; b. Interpretive matters and decisions committee (‘‘Operating Committee’’), 2. Periodically evaluating the of the Operating Committee arising which shall be composed of one Processor; under, or specifically required to be representative designated by each 3. Setting the level of fees to be paid taken by, the provisions of the Plan as Participant. Each Participant may by Vendors, Subscribers, News Services written; c. Interpretive matters arising under designate an alternate representative or or others for services relating to Rules 601 and 602 of Regulation NMS; representatives who shall be authorized Quotation Information or Transaction and to act on behalf of the Participant in the Reports in Eligible Securities, and d. Denials of access (other than for absence of the designated taking action in respect thereto in breach of contract, which shall be representative. Within the areas of its accordance with the provisions of the responsibilities and authority, decisions handled by the Processor), Plan; 4. It is expressly agreed and made or actions taken by the Operating 4. Determining matters involving the understood that neither this Plan nor Committee, directly or by duly interpretation of the provisions of the the Operating Committee shall have delegated individuals, committees as Plan; authority in any respect over any may be established from time to time, or 5. Determining matters relating to the Participant’s proprietary systems. Nor others, shall be binding upon each Plan’s provisions for cost allocation and shall the Plan or the Operating Participant, without prejudice to the revenue-sharing; and Committee have any authority over the rights of any Participant to seek redress 6. Carrying out such other specific collection and dissemination of from the SEC pursuant to Rule 608 of responsibilities as provided under the quotation or transaction information in Regulation NMS under the Exchange Plan. Eligible Securities in any Participant’s Act or in any other appropriate forum. C. Operating Committee: Voting marketplace, or, in the case of FINRA, An Electronic Communications from FINRA Participants. Network, Alternative Trading System, Each Participant shall have one vote Broker-Dealer or other securities on all matters considered by the D. Operating Committee: Meetings organization (‘‘Organization’’) which is Operating Committee. Regular meetings of the Operating not a Participant, but has an actively 1. The affirmative and unanimous Committee may be attended by each pending Form 1 Application on file vote of all Participants entitled to vote Participant’s designated representative with the Commission to become a shall be necessary to constitute the and/or its alternate representative(s), national securities exchange, will be action of the Operating Committee with and may be attended by one or more permitted to appoint one representative respect to: other representatives of the parties. and one alternate representative to a. Amendments to the Plan; Meetings shall be held at such times and attend regularly scheduled Operating b. Amendments to contracts between locations as shall from time to time be Committee meetings in the capacity of the Processor and Vendors, Subscribers, determined by the Operating an observer/advisor. If the News Services and others receiving Committee. Organization’s Form 1 petition is Quotation Information and Transaction Quorum: Any action requiring a vote withdrawn, returned, or is otherwise not Reports in Eligible Securities; only can be taken at a meeting in which actively pending with the Commission c. Replacement of the Processor, a quorum of all Participants is present. for any reason, then the Organization except for termination for cause, which For actions requiring a simple majority will no longer be eligible to be shall be governed by Section V(B) vote of all Participants, a quorum of represented in the Operating Committee hereof; greater than 50% of all Participants meetings. The Operating Committee d. Reductions in existing fees relating entitled to vote must be present at the shall have the discretion, in limited to Quotation Information and meeting before such a vote may be instances, to deviate from this policy if, Transaction Reports in Eligible taken. For actions requiring a 2/3rd as indicated by majority vote, the Securities; and majority vote of all Participants, a

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quorum of at least 2/3rd of all (b) Composition. Members of the reports that may be prepared in Participants entitled to vote must be Advisory Committee shall be selected connection therewith. present at the meeting before such a for two year terms as follows: B. Termination of the Processor for vote may be taken. For actions requiring (1) Operating Committee Selections. Cause a unanimous vote of all Participants, a By affirmative vote of a majority of the quorum of all Participants entitled to Participants entitled to vote, the If the Operating Committee vote must be present at the meeting Operating Committee shall select at determines that the Processor has failed before such a vote may be taken. least one representative from each of the to perform its functions in a reasonably A Participant is considered present at following categories to be members of acceptable manner in accordance with a meeting only if a Participant’s the Advisory Committee: (i) A broker- the provisions of the Plan or that its designated representative or alternate dealer with a substantial retail investor reimbursable expenses have become representative(s) is either in physical customer base, (ii) a broker-dealer with excessive and are not justified on a cost attendance at the meeting or is a substantial institutional investor basis, the Processor may be terminated participating by conference telephone, customer base, (iii) an alternative trade at such time as may be determined by or other acceptable electronic means. system, (iv) a data vendor, and (v) an a majority vote of the Operating Any action sought to be resolved at a investor. Committee. meeting must be sent to each Participant (2) Participant Selections. Each C. Factors To Be Considered in entitled to vote on such matter at least Participant shall have the right to select Termination for Cause one week prior to the meeting via one member of the Advisory Committee. electronic mail, regular U.S. or private A Participant shall not select any person Among the factors to be considered in mail, or facsimile transmission, employed by or affiliated with any evaluating whether the Processor has provided however that this requirement participant or its affiliates or facilities. performed its functions in a reasonably may be waived by the vote of the (c) Function. Members of the acceptable manner in accordance with percentage of the Committee required to Advisory Committee shall have the right the provisions of the Plan shall be the vote on any particular matter, under to submit their views to the Operating reasonableness of its response to Section C above. Committee on Plan matters, prior to a requests from Participants for Any action may be taken without a decision by the Operating Committee on technological changes or enhancements meeting if a consent in writing, setting such matters. Such matters shall pursuant to Section IV(C)(3) hereof. The forth the action so taken, is sent to and include, but not be limited to, any new reasonableness of the Processor’s signed by all Participant representatives or modified product, fee, contract, or response to such requests shall be entitled to vote with respect to the pilot program that is offered or used evaluated by the Operating Committee subject matter thereof. All the approvals pursuant to the Plan. in terms of the cost to the Processor of evidencing the consent shall be purchasing the same service from a (d) Meetings and Information. delivered to the Chairman of the third party and integrating such service Members of the Advisory Committee Operating Committee to be filed in the into the Processor’s existing systems shall have the right to attend all Operating Committee records. The and operations as well as the extent to meetings of the Operating Committee action taken shall be effective when the which the requested change would and to receive any information minimum number of Participants adversely impact the then current concerning Plan matters that is entitled to vote have approved the technical (as opposed to business or distributed to the Operating Committee; action, unless the consent specifies a competitive) operations of the provided, however, that the Operating different effective date. Processor. Committee may meet in executive The Chairman of the Operating session if, by affirmative vote of a D. Processor’s Right to Appeal Committee shall be elected annually by majority of the Participants entitled to Termination for Cause and from among the Participants by a vote, the Operating Committee The Processor shall have the right to majority vote of all Participants entitled determines that an item of Plan business appeal to the SEC a determination of the to vote. The Chairman shall designate a requires confidential treatment. person to act as Secretary to record the Operating Committee terminating the minutes of each meeting. The location V. Selection and Evaluation of the Processor for cause and no action shall of meetings shall be rotated among the Processor become final until the SEC has ruled on the matter and all legal appeals of right locations of the principal offices of the A. Generally Participants, or such other locations as therefrom have been exhausted. may from time to time be determined by The Processor’s performance of its E. Process for Selecting New Processor the Operating Committee. functions under the Plan shall be Meetings may be held by conference subject to review by the Operating At any time following effectiveness of telephone and action may be taken Committee at least every two years, or the Plan, but no later than upon the without a meeting if the representatives from time to time upon the request of termination of the Processor, whether of all Participants entitled to vote any two Participants but not more for cause pursuant to Section IV(C)(1)(c) consent thereto in writing or other frequently than once each year. Based or V(B) of the Plan or upon the means the Operating Committee deems on this review, the Operating Committee Processor’s resignation, the Operating acceptable. may choose to make a recommendation Committee shall establish procedures to the Participants with respect to the for selecting a new Processor (the E. Advisory Committee continuing operation of the Processor. ‘‘Selection Procedures’’). The Operating (a) Formation. Notwithstanding any The Operating Committee shall notify Committee, as part of the process of other provision of this Plan, an the SEC of any recommendations the establishing Selection Procedures, may Advisory Committee to the Plan shall be Operating Committee shall make solicit and consider the timely comment formed and shall function in accordance pursuant to the Operating Committee’s of any entity affected by the operation with the provisions set forth in this review of the Processor and shall supply of this Plan. The Selection Procedures section. the Commission with a copy of any shall be established by a two-thirds

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majority vote of the Plan Participants, manner. The Processor shall specifically If the best bid/best offer results in a and shall set forth, at a minimum: be permitted to enter into agreements locked or crossed quotation, the 1. The entity that will: with Vendors, Subscribers and News Processor shall forward that locked or (a) Draft the Operating Committee’s Services for the dissemination of crossed quote on the appropriate output request for proposal for bids on a new quotation or transaction information on lines (i.e., a crossed quote of bid 12, ask processor; Eligible Securities to foreign (non-U.S.) 11.87 shall be disseminated). The (b) Assist the Operating Committee in marketplaces or in foreign countries. Processor shall normally cease the evaluating bids for the new processor; The Processor shall, in such instance, calculation of the best bid/best offer and disseminate consolidated quotation or after 6:30 p.m., Eastern Time. (c) Otherwise provide assistance and transaction information on Eligible 2. Quotation Data Streams guidance to the Operating Committee in Securities from all Participants. the selection process. Nothing herein shall be construed so The Processor shall disseminate on 2. The minimum technical and as to prohibit or restrict in any way the the UTP Quote Data Feed a data stream operational requirements to be fulfilled right of any Participant to distribute of all Quotation Information regarding by the Processor; quotation, transaction or other Eligible Securities received from 3. The criteria to be considered in information with respect to Eligible Participants. Each quotation shall be selecting the Processor; and Securities quoted on or traded in its designated with a symbol identifying 4. The entities (other than Plan marketplace to a marketplace outside the Participant from which the Participants) that are eligible to the United States solely for the purpose quotation emanates and, in the case of comment on the selection of the of supporting an intermarket linkage, or FINRA, the FINRA Participant(s) that Processor. to distribute information within its own constitutes FINRA’s Best Bid and Offer Nothing in this provision shall be marketplace concerning Eligible quotations. In addition, the Processor interpreted as limiting Participants’ Securities in accordance with its own shall separately distribute on the OTC rights under Section IV or Section V of format. If a Participant requests, the Montage Data Feed the Quotation the Plan or other Commission order. Processor shall make information about Information regarding Eligible Securities from all FINRA Participants from which VI. Functions of the Processor Eligible Securities in the Participant’s marketplace available to a foreign quotations emanate. A. Generally marketplace on behalf of the requesting 3. Transaction Reports The Processor shall collect from the Participant, in which event the cost Participants, and consolidate and shall be borne by that Participant. The Processor shall disseminate on the UTP Trade Data Feed a data stream disseminate to Vendors, Subscribers and 1. Best Bid and Offer News Services, Quotation Information of all Transaction Reports in Eligible and Transaction Reports in Eligible The Processor shall disseminate on Securities received from Participants. Securities in a manner designed to the UTP Quote Data Feed the best bid Each transaction report shall be assure the prompt, accurate and reliable and offer information supplied by each designated with a symbol identifying collection, processing and Participant, including the FINRA the Participant in whose Market the dissemination of information with Participant(s) that constitutes FINRA’s transaction took place. respect to all Eligible Securities in a fair single Best Bid and Offer quotations, D. Closing Reports and non-discriminatory manner. The and shall also calculate and disseminate Processor shall commence operations on the UTP Quote Data Feed a national At the conclusion of each trading day, upon the Processor’s notification to the best bid and asked quotation with size the Processor shall disseminate a Participants that it is ready and able to based upon Quotation Information for ‘‘closing price’’ for each Eligible commence such operations. Eligible Securities received from Security. Such ‘‘closing price’’ shall be Participants. The Processor shall not the price of the last Transaction Report B. Collection and Consolidation of calculate the best bid and offer for any in such security received prior to Information individual Participant, including dissemination. The Processor shall also For as long as Nasdaq is the Processor, FINRA. tabulate and disseminate at the the Processor shall be capable of The Participant responsible for each conclusion of each trading day the receiving Quotation Information and side of the best bid and asked quotation aggregate volume reflected by all Transaction Reports in Eligible making up the national best bid and Transaction Reports in Eligible Securities from Participants by the Plan- offer shall be identified by an Securities reported by the Participants. approved, Processor sponsored appropriate symbol. If the quotations of E. Statistics interface, and shall consolidate and more than one Participant shall be the disseminate such information via the same best price, the largest displayed The Processor shall maintain UTP Quote Data Feed, the UTP Trade size among those shall be deemed to be quarterly, semi-annual and annual Data Feed, and the OTC Montage Data the best. If the quotations of more than transaction and volume statistical Feed to Vendors, Subscribers and News one Participant are the same best price counts. The Processor shall, at cost to Services. and best displayed size, the earliest the user Participant(s), make such among those measured by the time statistics available in a form agreed C. Dissemination of Information reported shall be deemed to be the best. upon by the Operating Committee, such The Processor shall disseminate A reduction of only bid size and/or ask as a secure Web site. consolidated Quotation Information and size will not change the time priority of F. Capacity Planning Transaction Reports in Eligible a Participant’s quote for the purposes of Securities via the UTP Quote Data Feed, determining time reported, whereas an 1. The Processor shall provide the UTP Trade Data Feed, and the OTC increase of the bid size and/or ask size computer and communications facility Montage Data Feed to authorized will result in a new time reported. The capacity in accordance with a capacity Vendors, Subscribers and News Services consolidated size shall be the size of the planning process set forth in Exhibit 3, in a fair and non-discriminatory Participant that is at the best. which process may be modified by the

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Operating Committee from time to time, 2. The price bid and offered, together seconds after the time of execution of requiring a simple majority vote. with size; the transaction. Transaction Reports 2. The Processor shall establish 3. The FINRA Participant along with transmitted beyond the 90-second information barriers to ensure that the FINRA Participant’s market period shall be designated as ‘‘late’’ by information revealed by any Plan participant identification or Participant the appropriate code or message. Participant to the Processor during the from which the quotation emanates; The following types of transactions capacity planning process is not shared 4. Identification of quotations that are are not required to be reported to the with any other Plan Participant, not firm; and Processor pursuant to the Plan: 5. Through appropriate codes and including Nasdaq, other than 1. Transactions that are part of a messages, withdrawals and similar information that is aggregated for all primary distribution by an issuer or of matters. Plan Participants. a registered secondary distribution or of 3. Plan Participants shall cooperate B. Transaction Reports an unregistered secondary distribution; fully in the capacity planning process 2. Transactions made in reliance on including complying with all Each Participant shall, during the Section 4(2) of the Securities Act of requirements set forth in Exhibit 3. time it is open for trading, be responsible promptly to collect and 1933; VII. Administrative Functions of the transmit to the Processor Transaction 3. Transactions in which the buyer Processor Reports in Eligible Securities executed and the seller have agreed to trade at a Subject to the general direction of the in its Market by means prescribed price unrelated to the current market for Operating Committee, the Processor herein. With respect to orders sent by the security, e.g., to enable the seller to shall be responsible for carrying out all one Market to another Market for make a gift; administrative functions necessary to execution, each Participant shall adopt 4. Odd-lot transactions; the operation and maintenance of the procedures governing the reporting of 5. The acquisition of securities by a consolidated information collection and transactions in Eligible Securities broker-dealer as principal in dissemination system provided for in specifying that the transaction will be anticipation of making an immediate this Plan, including, but not limited to, reported by the Participant whose exchange distribution or exchange record keeping, billing, contract member sold the security. This offering on an exchange; administration, and the preparation of provision shall apply only to 6. Purchases of securities pursuant to financial reports. transactions between Participants. a tender offer; and Transaction Reports shall include: VIII. Transmission of Information to 1. Identification of the Eligible 7. Purchases or sales of securities Processor by Participants Security, using the Nasdaq Symbol; effected upon the exercise of an option pursuant to the terms thereof or the A. Quotation Information 2. The number of shares in the transaction; exercise of any other right to acquire Each Participant shall, during the 3. The price at which the shares were securities at a pre-established time it is open for trading be responsible purchased or sold; consideration unrelated to the current promptly to collect and transmit to the 4. The buy/sell/cross indicator; market. Processor accurate Quotation 5. The Market of execution; and, C. Symbols for Market Identification for Information in Eligible Securities 6. Through appropriate codes and Quotation Information and Transaction through any means prescribed herein. messages, late or out-of-sequence trades, Reports Quotation Information shall include: corrections and similar matters. 1. Identification of the Eligible All such Transaction Reports shall be The following symbols shall be used Security, using the Nasdaq Symbol; transmitted to the Processor within 90 to denote the marketplaces:

Code Participant

A ...... NYSE Amex LLC. Z ...... BATS Exchange, Inc. B ...... NASDAQ OMX BX, Inc. W ...... Chicago Board Options Exchange, Inc. M ...... Chicago Stock Exchange, Inc. I ...... International Securities Exchange, LLC. D ...... Financial Industry Regulatory Authority, Inc. Q ...... Nasdaq Stock Market LLC. C ...... National Stock Exchange, Inc. N ...... New York Stock Exchange LLC. P ...... NYSE Arca, Inc. X ...... Nasdaq OMX PHLX, Inc.

D. Whenever a Participant determines and shall resume collecting and event or condition. Upon receiving such that a level of trading activity or other transmitting Quotation Information and notification, the Processor shall take unusual market conditions prevent it Transaction Reports to it as soon as the appropriate action, including either from collecting and transmitting condition or event is terminated. In the closing the quotation or purging the Quotation Information or Transaction event of a system malfunction resulting system of the affected quotations. Reports to the Processor, or where a in the inability of a Participant or its IX. Market Access trading halt or suspension in an Eligible members to transmit Quotation Security is in effect in its Market, the Information or Transaction Reports to Pursuant to the requirements of Rule Participant shall promptly notify the the Processor, the Participant shall 610 of Regulation NMS, a Participant Processor of such condition or event promptly notify the Processor of such that operates an SRO trading facility

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shall provide for fair and efficient order notice that a Regulatory Halt has been national market system communication execution access to quotations in each lifted. The Processor, in turn, shall media (‘‘Hoot-n-Holler’’) to provide real- Eligible Security displayed through its disseminate to Participants notice of the time information to all Participants. trading facility. In the case of a Regulatory Halt (as well as notice of the Each Participant shall be required to Participant that operates an SRO lifting of a Regulatory Halt through the continuously monitor the Hoot-n-Holler display-only quotation facility, trading UTP Quote Data Feed. This notice shall system during market hours, and the centers posting quotations through such serve as official notice of a Regulatory failure of a Participant to do so at any SRO display-only quotation facility Halt for purposes of the Plan only, and time shall not prevent the Listing must provide for fair and efficient order shall not substitute or otherwise Market from initiating a Regulatory Halt execution access to quotations in each supplant notice that a Participant may in accordance with the procedures Eligible Security displayed through the recognize or require under its own rules. specified herein. SRO display-only quotation facility. A Nothing in this provision shall be read 1. The following procedures shall be Participant that operates an SRO trading so as to supplant or be inconsistent with followed when one or more Participants facility may elect to allow such access a Participant’s own rules on trade halts, experiences extraordinary market to its quotations through the utilization which rules apply to the Participant’s activity in an Eligible Security that is of private electronic linkages between own members. The Processor will reject believed to be caused by the misuse or the Participant and other trading any quotation information or transaction malfunction of systems operated by or centers. In the case of a Participant that reports received from any Participant on linked to one or more Participants. operates an SRO display-only quotation an Eligible Security that has a a. The Participant(s) experiencing the facility, trading centers posting Regulatory Halt in effect. extraordinary market activity or any quotations through such SRO display- B. Whenever the Listing Market Participant that becomes aware of only quotation facility may elect to determines that adequate publication or extraordinary market activity will allow such access to their quotations dissemination of information has immediately use best efforts to notify all through the utilization of private occurred so as to permit the termination Participants of the extraordinary market electronic linkages between the trading of the Regulatory Halt then in effect, the activity utilizing the Hoot-n-Holler center and SRO trading facilities of Listing Market shall promptly notify the system. Participants and/or other trading Processor and each of the other b. The Listing Market will use best centers. Participants that conducts trading in efforts to determine whether there is In accordance with Regulation NMS, such security pursuant to Section X.F. material news regarding the Eligible a Participant shall not impose, or permit Except in extraordinary circumstances, Security. If the Listing Market to be imposed, any fee or fees for the adequate publication or dissemination determines that there is undisclosed execution of an order against a protected shall be presumed by the Listing Market material news, it will immediately call quotation of the Participant or of a to have occurred upon the expiration of a Regulatory Halt pursuant to Section trading center posting quotes through a one hour after initial publication in a X.E.2. Participant’s SRO display-only national news dissemination service of c. Each Participant(s) will use best quotation facility in an Eligible Security the information that gave rise to the efforts to determine whether one of its or against any other quotation displayed Regulatory Halt. systems, or the system of a direct or by the Participant in an Eligible Security C. Except in the case of a Regulatory indirect participant in its market, is that is the Participant’s displayed best Halt, the Processor shall not cease the responsible for the extraordinary market bid or offer for that Eligible Security, dissemination of quotation or activity. where such fee or fees exceed the limits transaction information regarding any d. If a Participant determines the provided for in Rule 610(c) of Eligible Security. In particular, it shall potential source of extraordinary market Regulation NMS. As required under not cease dissemination of such activity pursuant to Section X.1.c., the Regulation NMS, the terms of access to information because of a delayed Participant will use best efforts to a Participant’s quotations or of a trading opening, imbalance of orders or other determine whether removing the center posting quotes through a market-related problems involving such quotations of one or more direct or Participant’s SRO display-only security. During a Regulatory Halt, the indirect market participants or barring quotation facility in an Eligible Security Processor shall collect and disseminate one or more direct or indirect market may not be unfairly discriminatory so as Transaction Information but shall cease participants from entering orders will to prevent or inhibit any person from collection and dissemination of all resolve the extraordinary market obtaining efficient access to such Quotation Information. activity. Accordingly, the Participant displayed quotations through a member D. For purposes of this Section X, will prevent the quotations from one or of the Participant or a subscriber of a ‘‘Listing Market’’ for an Eligible Security more direct or indirect market trading center. means the Participant’s Market on participants in the affected Eligible which the Eligible Security is listed. If Securities from being transmitted to the X. Regulatory Halts an Eligible Security is dually listed, Processor. A. Whenever, in the exercise of its Listing Market shall mean the e. If the procedures described in regulatory functions, the Listing Market Participant’s Market on which the Section X.E.1.a.–d. do not rectify the for an Eligible Security determines that Eligible Security is listed that also has situation, the Participant(s) a Regulatory Halt is appropriate the highest number of the average of the experiencing extraordinary market pursuant to Section III.S, the Listing reported transactions and reported share activity will cease transmitting all Market will notify all other Participants volume for the preceding 12-month quotations in the affected Eligible pursuant to Section X.E and all other period. The Listing Market for dually- Securities to the Processor. Participants shall also halt or suspend listed Eligible Securities shall be f. If the procedures described in trading in that security until notified determined at the beginning of each Section X.E.1.a-e do not rectify the that the halt or suspension is no longer calendar quarter. situation within five minutes of the first in effect. The Listing Market shall E. For purposes of coordinating notification through the Hoot-n-Holler immediately notify the Processor of trading halts in Eligible Securities, all system, or if Participants agree to call a such Regulatory Halt as well as provide Participants are required to utilize the halt sooner through unanimous

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approval among those Participants (i) Transactions in Eligible Securities XIII. Financial Matters actively trading impacted Eligible executed between 4 a.m. and 9:29:59 A. Development Costs Securities, the Listing Market may a.m. ET and between 4:00:01 p.m. and determine based on the facts and 8:00 p.m. ET, shall be designated as ‘‘.T’’ Any Participant becoming a signatory circumstances, including available trades to denote their execution outside to this Plan after June 26, 1990, shall, as input from Participants, to declare an normal market hours; a condition to becoming a Participant, Extraordinary Market Regulatory Halt in (ii) transactions in Eligible Securities pay to the other Plan Participants a the affected Eligible Securities. executed after 8 p.m. and before 12 a.m. proportionate share of the aggregate Simultaneously with the notification of (midnight) shall be reported to the development costs previously paid by the Processor to suspend the Processor between the hours of 4 a.m. Plan Participants to the Processor, dissemination of quotations across all and 8 p.m. ET on the next business day which aggregate development costs Participants, the Listing Market must (T+1), and shall be designated ‘‘as/of’’ totaled $439,530, with the result that notify all Participants of the trading halt trades to denote their execution on a each Participant’s share of all utilizing the Hoot-n-Holler system. prior day, and be accompanied by the development costs is the same. g. Absent any evidence of system time of execution; Each Participant shall bear the cost of misuse or malfunction, best efforts will (iii) transactions in Eligible Securities implementation of any technical be used to ensure that trading is not executed between 12 a.m. (midnight) enhancements to the Nasdaq System halted across all Participants. and 4 a.m. ET shall be transmitted to the made at its request and solely for its use, 2. If the Listing Market declares a Processor between 4 a.m. and 9:30 a.m. subject to reapportionment should any Regulatory Halt in circumstances other ET, on trade date, shall be designated as other Participant subsequently make use than pursuant to Section X.E.1.f., the ‘‘.T’’ trades to denote their execution of the enhancement, or the development Listing Market must, simultaneously outside normal market hours, and shall thereof. with the notification of the Processor to be accompanied by the time of B. Cost Allocation, Revenue Sharing, suspend the dissemination of quotations execution; and Fees across all Participants, notify all (iv) transactions reported pursuant to Participants of the trading halt utilizing this provision of the Plan shall be The provisions governing cost the Hoot-n-Holler system. included in the calculation of total trade allocation and revenue sharing among F. If the Listing Market declares a volume for purposes of determining net the Participants are set forth in Exhibit Regulatory Halt, trading will resume distributable operating revenue, but 1 to the Plan. The provisions governing according to the following procedures: shall not be included in the calculation fees applicable to Quotation Information 1. Within 15 minutes of the of the daily high, low, or last sale. and Transaction Reports disseminated declaration of the halt, all Participants C. Late trades shall be reported in pursuant to the Plan are set forth in will make best efforts to indicate via the accordance with the rules of the Exhibit 2 to the Plan. Participant in whose Market the Hoot-n-Holler their intentions with C. Maintenance of Financial Records respect to canceling or modifying transaction occurred and can be transactions. reported between the hours of 4 a.m. The Processor shall maintain records 2. All Participants will disseminate to and 8 p.m. of revenues generated and development their members information regarding the D. The Processor shall collect, process and operating expenditures incurred in canceled or modified transactions as and disseminate Quotation Information connection with the Plan. In addition, promptly as possible, and in any event in Eligible Securities at other times the Processor shall provide the prior to the resumption of trading. between 4 a.m. and 9:30 a.m. ET, and Participants with: (a) a statement of 3. After all Participants have met the after 4 p.m. ET, when any Participant or financial and operational condition on a requirements of Section X.F.1–2, the FINRA Participant is open for trading, quarterly basis; and (b) an audited Listing Market will notify the until 8 p.m. ET (the ‘‘Additional statement of financial and operational Participants utilizing the Hoot-n-Holler Period’’); provided, however, that the condition on an annual basis. national best bid and offer quotation and the Processor when trading may XIV. Indemnification resume. Upon receiving this will not be disseminated before 4 a.m. information, Participants may or after 8 p.m. ET. Participants that Each Participant agrees, severally and commence trading pursuant to Section enter Quotation Information or submit not jointly, to indemnify and hold X.A. Transaction Reports to the Processor harmless each other Participant, Nasdaq during the Additional Period shall do so (in its capacity as Processor), and each XI. Hours of Operation for all Eligible Securities in which they of its directors, officers, employees and A. Quotation Information may be enter quotations. agents (including the Operating entered by Participants as to all Eligible Committee and its employees and Securities in which they make a market XII. Undertaking by All Participants agents) from and against any and all between 9:30 a.m. and 4 p.m. Eastern The filing with and approval by the loss, liability, claim, damage and Time (‘‘ET’’) on all days the Processor is Commission of this Plan shall obligate expense whatsoever incurred or in operation. Transaction Reports shall each Participant to enforce compliance threatened against such persons as a be entered between 9:30 a.m. and by its members with the provisions result of any Transaction Reports, 4:01:30 p.m. ET by Participants as to all thereof. In all other respects not Quotation Information or other Eligible Securities in which they inconsistent herewith, the rules of each information reported to the Processor by execute transactions between 9:30 a.m. Participant shall apply to the actions of such Participant and disseminated by and 4:00 p.m. ET on all days the its members in effecting, reporting, the Processor to Vendors. This Processor is in operation. honoring and settling transactions indemnity agreement shall be in B. Participants that execute executed through its facilities, and the addition to any liability that the transactions in Eligible Securities entry, maintenance and firmness of indemnifying Participant may otherwise outside the hours of 9:30 a.m. ET and quotations to ensure that such occurs in have. 4 p.m., ET, shall report such a manner consistent with just and Promptly after receipt by an transactions as follows: equitable principles of trade. indemnified Participant of notice of the

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commencement of any action, such XVI. Modifications to the Plan to be a part of this Plan or to affect the indemnified Participant will, if a claim The Plan may be modified from time meaning or interpretation of any in respect thereof is to be made against to time when authorized by the provisions of this Plan. an indemnifying Participant, notify the agreement of all of the Participants, XX. Counterparts indemnifying Participant in writing of subject to the approval of the SEC or the commencement thereof; but the when such modification otherwise This Plan may be executed by the omission to so notify the indemnifying becomes effective pursuant to Section Participants in any number of Participant will not relieve the 11A of the Exchange Act and Rule 608 counterparts, no one of which need indemnifying Participant from any of Regulation NMS. contain the signature of all Participants. liability which it may have to any As many such counterparts as shall indemnified Participant. In case any XVII. Applicability of Securities together contain all such signatures such action is brought against any Exchange Act of 1934 shall constitute one and the same indemnified Participant and it promptly The rights and obligations of the instrument. notifies an indemnifying Participant of Participants and of Vendors, News IN WITNESS WHEREOF, this Plan __ the commencement thereof, the Services, Subscribers and other persons has been executed as of the day of ______indemnifying Participant will be contracting with Participant in respect , 2010, by each of the Signatories entitled to participate in, and, to the of the matters covered by the Plan shall hereto. extent that it may wish, jointly with any at all times be subject to any applicable Nyse Amex LLC other indemnifying Participant similarly provisions of the Exchange Act and any By: llllllllllllllll notified, to assume and control the rules and regulations promulgated NASDAQ OMX BX, INC. defense thereof with counsel chosen by thereunder. By: llllllllllllllll it. After notice from the indemnifying XVIII. Operational Issues Chicago Board Options Exchange, Inc. Participant of its election to assume the By: llllllllllllllll A. Each Participant shall be defense thereof, the indemnifying International Securities Exchange, LLC responsible for collecting and validating Participant will not be liable to such By: llllllllllllllll indemnified Participant for any legal or quotes and last sale reports within its own system prior to transmitting this New York Stock Exchange LLC other expenses subsequently incurred By: llllllllllllllll by such indemnified Participant in data to the Processor. connection with the defense thereof but B. Each Participant may utilize a NASDAQ OMX PHLX, INC. llllllllllllllll the indemnified Participant may, at its dedicated Participant line into the By: own expense, participate in such Processor to transmit trade and quote Bats Exchange, Inc. defense by counsel chosen by it information in Eligible Securities to the By: llllllllllllllll without, however, impairing the Processor. The Processor shall accept Chicago Stock Exchange, INC. from Exchange Participants input for indemnifying Participant’s control of By: llllllllllllllll only those issues that are deemed the defense. The indemnifying Eligible Securities. FINRA Participant may negotiate a compromise C. The Processor shall consolidate By: llllllllllllllll or settlement of any such action, trade and quote information from each National Stock Exchange, INC. provided that such compromise or Participant and disseminate this By: llllllllllllllll settlement does not require a information on the Processor’s existing NYSE ARCA, INC. contribution by the indemnified vendor lines. By: llllllllllllllll Participant. D. The Processor shall perform gross The NASDAQ Stock Market LLC XV. Withdrawal validation processing for quotes and last By: llllllllllllllll sale messages in addition to the Any Participant may withdraw from collection and dissemination functions, Exhibit 1 the Plan at any time on not less than 30 as follows: 1. Each Participant eligible to receive days prior written notice to each of the 1. Basic Message Validation revenue under the Plan will receive an other Participants. Any Participant annual payment for each calendar year withdrawing from the Plan shall remain (a) The Processor may validate format for each type of message, and reject that is equal to the sum of the liable for, and shall pay upon demand, Participant’s Trading Shares and any fees for equipment or services being nonconforming messages. (b) Input must be for an Eligible Quoting Shares, as defined below, in provided to such Participant pursuant to each Eligible Security for the calendar the contract executed by it or an Security. 2. Logging Function—The Processor year. In the event that total net agreement or schedule of fees covering distributable operating income (as such then in effect. shall return all Participant input messages that do not pass the validation defined below) is negative, each A withdrawing Participant shall also checks (described above) to the Participant eligible to receive revenue remain liable for its proportionate share, inputting Participant, on the entering under the Plan will receive an annual without any right of recovery, of Participant line, with an appropriate bill for each calendar year to be administrative and operating expenses, reject notation. For all accepted determined according to the same including start-up costs and other sums Participant input messages (i.e., those formula (described in this paragraph) for for which it may be responsible that pass the validation check), the determining annual payments to eligible pursuant to Section XIV hereof. Except information shall be retained in the Participants. Unless otherwise stated in as aforesaid, a withdrawing Participant Processor system. this agreement, a year shall run from shall have no further obligation under January 1 to December 31 and quarters the Plan or to any of the other XIX. Headings shall end on March 31, June 30, Participants with respect to the period The section and other headings September 30, and December 31. following the effectiveness of its contained in this Plan are for reference Processor shall endeavor to provide withdrawal. purposes only and shall not be deemed Participants with written estimates of

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each Participant’s percentage of total an amount equal to fifty percent of the 1. Cost of collecting Participant quotes volume within five business days of Security Income Allocation for the into the Processor’s quote engine; month end. Eligible Security by (B) the Participant’s 2. Cost of processing quotes and 2. Security Income Allocation. The Quote Rating in the Eligible Security. A creating OTC Montage Data Feed Security Income Allocation for an Participant’s Quote Rating in an Eligible messages within the Processor’s quote Eligible Security shall be determined by Security shall be determined by engine; multiplying (i) the ‘‘net distributable dividing (A) the sum of the Quote 3. Cost of the Processor’s operating income’’ of this Nasdaq UTP Credits earned by the Participant in communication management subsystem Plan for the calendar year by (ii) the such Eligible Security during the that distributes OTC Montage Data Feed Volume Percentage for such Eligible calendar year by (B) the sum of the to the market data vendor network for Security (the ‘‘initial allocation’’), and Quote Credits earned by all Participants further distribution. then adding or subtracting any amounts in such Eligible Security during the b. The costs directly attributable to specified in the reallocation set forth calendar year. A Participant shall earn creating the UTP Quote Data Feed, below. The Volume Percentage for an one Quote Credit for each second of including: Eligible Security shall be determined by time (with a minimum of one full 1. The costs of collecting each dividing (A) the square root of the dollar second) multiplied by dollar value of Participant’s best bid, best offer, and volume of transaction reports size that an automated best bid (offer) aggregate volume into the Processor’s disseminated by the Processor in such transmitted by the Participant to the quote engine and, in the case of FINRA, Eligible Security during the calendar Processor during regular trading hours the costs of identifying the FINRA year by (B) the sum of the square roots is equal to the price of the national best Participant(s) that constitute FINRA’s of the dollar volume of transaction bid (offer) in the Eligible Security and Best Bid and Offer quotations; reports disseminated by the Processor in does not lock or cross a previously 2. Cost of calculating the national best each Eligible Security during the displayed automated quotation. An bid and offer price within the calendar year. If the initial allocation of automated bid (offer) shall have the Processor’s quote engine; net distributable operating income in meaning specified in Rule 600 of 3. Cost of creating the UTP Quote Data accordance with the Volume Percentage Regulation NMS of the Act for an Feed message within the Processor’s of an Eligible Security equals an amount ‘‘automated quotation.’’ The dollar value quote engine; greater than $4.00 multiplied by the of size of a quote shall be determined by 4. Cost of the Processor’s total number of qualified transaction multiplying the price of a quote by its communication management subsystem reports in such Eligible Security during size. that distributes the UTP Quote Data the calendar year, the excess amount Feed to the market data vendors’ 5. For purposes of this Exhibit 1, net shall be subtracted from the initial networks for further distribution. distributable operating income for any allocation for such Eligible Security and c. The costs directly attributable to particular calendar year shall be reallocated among all Eligible Securities creating the UTP Trade Data Feed, calculated by adding all revenues from in direct proportion to the dollar including: volume of transaction reports the UTP Quote Data Feed, the UTP 1. The costs of collecting each disseminated by the Processor in Trade Data Feed, and the OTC Montage Participant’s last sale and volume Eligible Securities during the calendar Data Feed including revenues from the amount into the Processor’s quote year. A transaction report with a dollar dissemination of information respecting engine; volume of $5000 or more shall Eligible Securities to foreign 2. Cost of determining the appropriate constitute one qualified transaction marketplaces, and also including FINRA last sale price and volume amount report. A transaction report with a quotation data and last sale information within the Processor’s trade engine; dollar volume of less than $5000 shall for securities classified as OTC Equity 3. Cost of utilizing the Processor’s constitute a fraction of a qualified Securities under FINRA’s Rule 6400 trade engine to distribute the UTP Trade transaction report that equals the dollar Series (the ‘‘FINRA OTC Data’’) Data Feed for distribution to the market volume of the transaction report divided (collectively, ‘‘the Data Feeds’’), and data vendors; by $5000. subtracting from such revenues 6.25% 4. Cost of the Processor’s 3. Trading Share. The Trading Share to compensate FINRA for the FINRA communication management subsystem of a Participant in an Eligible Security OTC Data, after which are subtracted the that distributes the UTP Trade Data shall be determined by multiplying (i) costs incurred by the Processor, set forth Feed to the marker data vendors’ an amount equal to fifty percent of the below, in collecting, consolidating, networks for further distribution. Security Income Allocation for the validating, generating, and d. The additional costs that are shared Eligible Security by (ii) the Participant’s disseminating the Data Feeds. These across all Data Feeds, including: Trade Rating in the Eligible Security. A costs include,10 but are not limited to, 1. Telecommunication Operations Participant’s Trade Rating in an Eligible the following: costs of supporting the Participant lines Security shall be determined by taking a. The Processor costs directly into the Processor’s facilities; the average of (A) the Participant’s attributable to creating OTC Montage 2. Telecommunications Operations percentage of the total dollar volume of Data Feed, including: costs of supporting the external market transaction reports disseminated by the data vendor network; Processor in the Eligible Security during 10 All costs associated with collecting, 3. Data Products account management the calendar year, and (B) the 25 consolidating, validating, generating, and and auditing function with the market Participant’s percentage of the total disseminating the FINRA OTC Data are borne data vendors; directly by FINRA and not the Plan and the number of qualified transaction reports Participants. Such costs are established in and 4. Market Operations costs to support disseminated by the Processor in the subject to a separate bilateral contractual agreement symbol maintenance, and other data Eligible Security during the calendar between FINRA and the Processor (acting as integrity issues; year. FINRA’s vendor in this capacity). The Processor is 5. Overhead costs, including responsible for insuring that no costs associated 4. Quoting Share. The Quoting Share with the FINRA OTC Data are incorporated with the management support of the Processor, of a Participant in an Eligible Security costs incurred by the Processor on behalf of the Human Resources, Finance, Legal, and shall be determined by multiplying (A) UTP Plan. Administrative Services; and

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6. Costs of establishing and necessary, adjusted by March 31st of the (1) Inside bid/ask quotations supporting the Security Income following year. Interest shall be calculated for securities listed in The Allocation System. included in quarterly payments and in Nasdaq Stock Market; e. Processor costs excluded from the adjusted payments made on March 31st (2) Last sale information on Nasdaq- calculation of net distributable of the following year. Such interest shall listed securities operating income include trade accrue monthly during the period in UTP Level 1 Service also includes execution costs for transactions which revenue was earned and not yet FINRA OTC Data. executed using a Nasdaq service and paid and will be based on the 90-day (b) Non-Professional Services. trade report collection costs reported Treasury bill rate in effect at the end of (1) The charge for distribution of UTP through a Nasdaq service, as such the quarter in which the payment is Level 1 Service to a non-professional services are market functions for which made. Monthly interest shall start subscriber shall be $1.00 per Participants electing to use such accruing 45 days following the month in interrogation device per month. services pay market rate. which it is earned and accrue until the (2) A ‘‘non-professional’’ is a natural f. For the purposes of this provision, date on which the payment is made. person who is neither: the following definitions shall apply: In conjunction with calculating (A) Registered or qualified in any 1. ‘‘Quote engine’’ shall mean the estimated quarterly and reconciled capacity with the Commission, the Nasdaq’s NT or Tandem system that is annual payments under this Exhibit 1, Commodities Futures Trading operated by Nasdaq to collect quotation the Processor shall submit to the Commission, any state securities information for Eligible Securities; Participants a quarterly itemized agency, any securities exchange or 2. ‘‘Trade engine’’ shall mean the statement setting forth the basis upon Nasdaq Tandem system that is operated association or any commodities or which net operating income was futures contract market or association; by Nasdaq for the purpose of collecting calculated, including a quarterly last sale information in Eligible (B) Engaged as an ‘‘investment itemized statement of the Processor adviser’’ as that term is defined in Securities. costs set forth in Paragraph 3 of this 6. At the time a Participant Section 202(a)(11) of the Investment Exhibit. Such Processor costs and Plan implements a Processor-approved Advisors Act of 1940 (whether or not revenues shall be adjusted annually electronic interface with the Processor, registered or qualified under that Act); based solely on the Processor’s quarterly the Participant will become eligible to nor itemized statement audited pursuant to receive revenue. (C) Employed by a bank or other 7. Processor shall endeavor to provide Processor’s annual audit. Processor shall organization exempt from registration Participants with written estimates of pay or bill Participants for the audit under federal or state securities laws to each Participant’s quarterly net adjustments within thirty days of perform functions that would require distributable operating income within completion of the annual audit. By registration or qualification if such 45 calendar days of the end of the majority vote of the Operating functions were performed for an quarter, and estimated quarterly Committee, the Processor shall engage organization not so exempt. payments or billings shall be made on an independent auditor to audit the (c) Automated Voice Response Service the basis of such estimates. All quarterly Processor’s costs or other calculation(s), Fee. payments or billings shall be made to the cost of which audit shall be shared The monthly charge for distribution of each eligible Participant within 45 days equally by all Participants. The UTP Level 1 Service through automated following the end of each calendar Processor agrees to cooperate fully in voice response services shall be $21.25 quarter in which the Participant is providing the information necessary to for each voice port. eligible to receive revenue, provided complete such audit. (d) Per Query Fee. that each quarterly payment or billing Exhibit 2 The charge for distribution of UTP shall be reconciled against a Level 1 Service through a per query Participant’s cumulative year-to-date Fees for UTP Services system shall be $.005 per query. payment or billing received to date and (a) Level 1 Service. (e) Cable Television Ticker Fee. adjusted accordingly, and further The charge for each interrogation The monthly charge for distribution of provided that the total of such estimated device receiving UTP Level 1 Service is UTP Level 1 Service through a cable payments or billings shall be reconciled $20.00 per month. This Service includes television distribution system shall be at the end of each calendar year and, if the following data: as set forth below:

First 10 million Subscriber Households ...... $2.00 per 1,000 households. Next 10 million Subscriber Households ...... $1.00 per 1,000 households. For Subsequent Subscriber Households ...... $0.50 per 1,000 households.

(f) Annual Administrative Fees. Exhibit 3 to collectively as the ‘‘Capacity Planning Period’’), provided however that, The annual administrative fee to be UTP Capacity Planning Process paid by distributor for access to UTP notwithstanding the foregoing, the first Level 1 Service shall be as set forth This document sets forth a capacity Capacity Planning Period shall cover the below: planning process for the Processor and then current six-month period and each of the next two six-month periods. Delayed distributor ...... $250 includes certain procedures to facilitate 0–999 real-time terminals ...... 500 that process. The capacity planning All information specified in this 1,000–4,999 real-time terminals ..... 1,250 process will be done on a semi-annual document that is required to be 5,000–9,999 real-time terminals ..... 2,250 basis and will cover the then current submitted by each of the Participants to 10,000+ real-time terminals ...... 3,750 six-month period and each of the next the Processor, by the Processor to each two six-month periods, with each six- of the Participants, and by the Operating month period commencing on January Committee to the Processor, shall be 1st and July 1st, as appropriate (referred submitted within the time frames set

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forth in the capacity planning process In the event that a Participant fails to Changes. If the Processor’s proposal is calendar attached hereto as Attachment notify the Processor of its final Projected accepted, such acceptance will be set 1, which may be modified from time to Processor Capacity Requirements within forth in the minutes of the applicable time by the Operating Committee. the required time frame, then such Operating Committee meeting. The Participant’s final Projected Processor Processor will then implement such Projected Processor Capacity Capacity Requirements for: (a) Each six- System Capacity Changes. Such System Requirements month period for which the required Capacity Changes implemented by the Each Participant’s ‘‘Projected notice was not given on a timely basis Processor may, in the Processor’s Processor Capacity Requirements’’ shall shall be deemed to be the same as that discretion reasonably exercised and consist of the following two for the latest six-month period covered with the prior approval of the Operating components: by the Participant’s most recent final Committee, result in creating some 1. The projected peak quote/trade Projected Processor Capacity additional amount of Excess Capacity. messages per second for such Requirements provided to the Processor Emergency Capacity Planning Process Participant calculated on a 5-second within the required time frame; and b) peak (the ‘‘Projected Peak 5-second each six-month period for which the In addition to the semi-annual MPS’’); and required notice was previously given on capacity planning process described 2. the projected peak total quote/trade a timely basis shall remain the same. above, the Processor may recommend to transactions per day for such the Operating Committee emergency Participant. Processor System Capacity Changes planning cycles (‘‘EPC’’) as may be Each Participant’s projected The Processor shall, on a semi-annual reasonably necessary. The Processor requirements for both of these basis, determine and inform each shall submit a recommendation to the components shall include whatever Participant in writing, which may Operating Committee detailing the EPC buffer factor the Participant deems include email, of the total amount of the request and required timeframe for adequate for its needs and shall reflect then-current system capacity available response, via e-mail. The Operating the Participant’s anticipated for each of the two capacity Committee, at an emergency meeting if requirements as of the beginning of each components—the Peak 5-second MPS necessary, shall determine whether to six-month period in the applicable and the peak total transactions per day approve the request. Capacity Planning Period. (referred to as ‘‘Total System Capacity’’). Each Participant shall submit to the The Projected Processor Capacity Payment for Services Processor in writing, which may include Requirements for all Participants shall Each Participant’s ‘‘Proportionate email, an ‘‘initial’’ set of Projected be referred to as the ‘‘Base Capacity.’’ Share’’ shall be the percentage of the Processor Capacity Requirements as of The amount, if any, by which Total final Projected Peak 5-second MPS for the beginning of each six-month period System Capacity exceeds Base Capacity, all Participants that is attributable to in the applicable Capacity Planning shall be referred to as ‘‘Excess Capacity.’’ such Participant. A Participant’s Period. Once the Processor receives the The amount, if any, by which Total Proportionate Share shall remain in initial Projected Processor Capacity System Capacity is less than the Base effect until the next System Capacity Requirements from all the Participants, Capacity shall be referred to as ‘‘Deficit Change is implemented, provided, the Processor will aggregate both Capacity.’’ At the time that the Processor however, that such Proportionate Share components—the Projected Peak 5- notifies each Participant of the initial may change from time to time in second MPS and the projected peak and final aggregate Projected Processor accordance with the provisions set forth total transactions per day—to determine Capacity Requirements, the Processor in the following two Sections of this the initial Projected Processor Capacity shall also determine, based on such Exhibit. The cost for such services shall Requirements for all Participants. The initial and final capacity projections, be such Participant’s Proportionate Processor will notify each Participant in respectively, and inform each Share of the cost of the services writing, which may include email, of a) Participant in writing, which may rendered by the Processor to all the aggregate initial Projected Processor include email, of, the amount of any Participants, unless otherwise agreed to Capacity Requirements; and b) the projected Excess Capacity and/or any by the Processor and the Operating percentage of the aggregate initial projected Deficit Capacity at the Committee. Each Participant shall be Projected Peak 5-second MPS that is beginning of each six-month period in entitled to use its Proportionate Share of attributable to such Participant. the applicable Capacity Planning the Base Capacity and the Excess Once each Participant receives the Period. Capacity, if any, at no additional cost. foregoing information, each such On a semi-annual basis, the Operating If, however, the report(s) generated by Participant shall submit to the Processor Committee shall determine and advise the Processor setting forth daily system in writing, which may include email, its the Processor in writing, which may activity for Participants shows that a final Projected Processor Capacity include email, of any changes (i.e., Participant’s actual Peak 5-second MPS Requirements. The Processor will then increases or decreases) that it proposes exceeds such Participant’s Proportionate notify each Participant in writing, be made to the Total System Capacity, Share of the Base Capacity and the which may include e-mail, of: (a) The including any required ancillary Excess Capacity, if any, (e.g., via aggregate final Projected Processor systems and network capacity changes dynamic throttling) such Participant Capacity Requirements; and b) the (‘‘System Capacity Changes’’); provided, may be required, in accordance with the percentage of the aggregate final however, that any System Capacity provisions set forth in Attachment 2, Projected Peak 5-second MPS that is Changes must result in the Total System which may be modified from time to attributable to such Participant. Capacity meeting or exceeding Base time by the Operating Committee, to: a) The Processor will not disclose to any Capacity. The Processor will develop a Pay a penalty to the Processor in the Participant the initial or final individual written proposal for System Capacity amount set forth in Attachment 2; and capacity projections of any other Changes and submit it to the Operating b) increase its capacity projections in Participant or the percentage of the Peak Committee, which proposal will include the next Capacity Planning Period to 5-second MPS attributable to any other the timeframe and estimated costs for reflect at least such actual Peak 5- Participant. implementing the System Capacity second MPS. Any such penalty shall be

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divided and distributed to each of the Participant request(s) to increase decrease shall be expressed as UTP 5- other Participants in accordance with Capacity remain in effect. second MPS). A Participant shall only their Proportionate Shares. 4. The Processor will not disclose to be entitled to decrease its Base Capacity any other Participant the Participant(s) (and such request shall only be filled) if, Purchase of Capacity that have requested purchasing, and/or and to the extent that, there are any Without limiting the generality of the that have purchased, Capacity. currently outstanding unfilled requests foregoing, a Participant may increase its 5. Whenever a Participant purchases from other Participant(s) to increase Proportionate Share of the Base Available Base Capacity such Capacity. All Participant requests to Capacity by purchasing all or a portion Participant’s Proportionate Share of the decrease Base Capacity shall be filled on of the ‘‘Available Base Capacity’’ (as Base Capacity shall be increased a ‘‘first come, first served’’ basis. such term is defined in Item 1, below) accordingly, effective on the first trading 2. Within two (2) trading days of and/or Excess Capacity, if any day that the Processor implements the receipt of such notice, the Processor (collectively with ‘‘Available Base requisite technical changes to reflect the shall confirm the request directly with Capacity, hereinafter referred to as changes in such Participant’s Base such Participant. The Processor shall fill ‘‘Capacity’’), subject to the following: Capacity. As of such date, the costs the request if, and to the extent that, 1. A Participant wishing to purchase associated, for that Participant, shall be there are any currently outstanding Capacity shall advise the Processor in increased to the extent of the resulting unfilled requests from other writing of the amount of Capacity increase in that Participant’s Participant(s) to increase Capacity. The (expressed as UTP 5-second MPS) it Proportionate Share. The Processor shall Processor shall then notify all wishes to purchase. A Participant shall notify such Participant of its new Participants in writing of: only be entitled to purchase Capacity Proportionate Share and the effective a. The amount of Available Base (and such request shall only be filled) if, date of such change. Capacity that remains, if any; and/or and to the extent that: 6. Whenever a Participant purchases a a. There are any currently outstanding portion (or all) of the Excess Capacity, b. The amount by which any unfilled request(s) from other such Participant’s Proportionate Share Participant request(s) to decrease Base Participant(s) to decrease Base Capacity of the Base Capacity shall be increased Capacity remain unfilled. (referred to as ‘‘Available Base accordingly, effective on the first trading 3. A Participant’s request to decrease Capacity’’); and/or day that the Processor implements the Base Capacity shall remain outstanding b. There is Excess Capacity. requisite technical changes to reflect the until filled, or cancelled by such Furthermore, all requests to purchase changes in such Participant’s Base Participant, or the next System Capacity Capacity shall be filled first through any Capacity. As of such date: Change, whichever occurs first. Available Base Capacity, and second a. The costs allocated to that Whenever a request is cancelled, the through any Excess Capacity. All Participant shall be increased to the Processor shall then notify all Participant requests to purchase extent of the resulting increase in that Participants in writing whether, and the Capacity shall be filled on a ‘‘first come, Participant’s Proportionate Share; and extent to which, any Participant first served’’ basis. b. There shall be a corresponding request(s) to decrease Base Capacity 2. Within two (2) trading days of reduction in: remain in effect. receipt of such notice, the Processor i. Each of the other Participant’s 4. The Processor will not disclose to shall confirm the request directly with Proportionate Share of the Base any other Participant the Participant(s) such Participant. The Processor shall fill Capacity; and that have requested decreasing, and/or the request if, and to the extent that, ii. The costs allocated to the other that have decreased, Base Capacity. there is sufficient Available Base Participants shall be decreased, to the Whenever a Participant reduces its Capacity and/or Excess Capacity. The extent of the resulting decrease in each Base Capacity pursuant to this Section, Processor shall then notify all such Participant’s Proportionate Share. such Participant’s Proportionate Share Participants in writing of: The Processor shall notify each of the Base Capacity shall be decreased a. The amount of Available Base Participant of its new Proportionate accordingly, effective on the first trading Capacity and/or Excess Capacity that Share and the effective date of such day that the Processor implements the remains, if any; and/or change. requisite technical changes to reflect the b. The amount by which any Reduction of Base Capacity changes in such Participant’s Base Participant request(s) to increase Capacity. As of such date, the costs Capacity remains unfilled. Without limiting the generality of the associated, for that Participant, shall be 3. A Participant’s request to increase foregoing, a Participant may be entitled decreased to the extent of the resulting Capacity shall remain outstanding until to decrease its Proportionate Share by decrease in that Participant’s filled, or cancelled by such Participant, reducing its Base Capacity, subject to Proportionate Share. The Processor shall or the next System Capacity Change, the following: notify such Participant of its new whichever occurs first. Whenever a 1. A Participant wishing to reduce its Proportionate Share and the effective request is cancelled, the Processor shall Base Capacity shall advise the Processor date of such change. then notify all Participants in writing in writing of the amount of its Base whether, and the extent to which, any Capacity it wishes to decrease (which Attachment 1

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PROCESSOR CAPACITY PLANNING PROCESS CALENDAR [Approximately 3.5 Calendar Months]

Duration (trading Step No. Description days) Start date End date

1 ...... The Processor requests initial capacity projections from Par- 1 1st trading day in 1st trading day in ticipants via e-mail. 3rd month of ap- 3rd month of ap- plicable Capacity plicable Capacity Planning Period. Planning Period.

2 ...... Participants submit initial capacity projections to the Proc- 10 essor via e-mail.

3 ...... The Processor advises each Participant of initial capacity 5 projections for all Participants, current system capacity, and any projected Excess and/or Deficit Capacity, via e- mail.

4 ...... Participants submit final capacity projections to the Proc- 15 essor via e-mail.

5 ...... The Processor advises each Participant of final capacity pro- 5 jections for all Participants, current system capacity, and any projected Excess and/or Deficit Capacity, via e-mail.

6 ...... At a meeting of the Operating Committee at which the Proc- 5 essor is present, the Operating Committee will determine and then advise the Processor in writing (i.e., by minutes of such meeting) of any System Capacity Changes.

7 ...... The Processor submits a proposal to the Operating Com- 20 mittee for System Capacity Changes, including estimated timeframes and costs for implementing them, via e-mail.

The Processor will notify each Participant via e-mail of: a) the aggregate final Projected Processor Capacity Require- ments; and b) the percentage of the aggregate final Pro- jected Peak 5-second MPS that is attributable to such Par- ticipant.

8 ...... At a meeting of the Operating Committee at which the Proc- 10 essor is present, the Operating Committee will decide and then advise the Processor in writing (i.e., by minutes of such meeting) if it accepts the Processor’s proposal for System Capacity Changes.

Attachment 2

UTP CAPACITY PROCESS—PENALTIES FOR EXCEEDING PROPORTIONATE SHARE

Scenario Description Penalty Increase projections

Participant Sys- Participant’s actual peak 5-second MPS ex- None ...... No. tem Problem/ ceeds its Proportionate Share for 30 con- Recovery. secutive seconds artificially (e.g., due to draining of queued data following a system recovery). Occasional (in- Participant’s actual peak 5-second MPS ex- None ...... No. consistent). ceeds its Proportionate Share for 30 con- secutive seconds on no more than 2 days during a month. Regular ...... Participant’s actual peak 5-Second MPS ex- Participant’s penalty will be calculated and Yes—to be determined ceeds its Proportionate Share for 30 con- billed according to the following formula:. secutive seconds on each of 3 or more days • (Total MPS in Excess) x (Penalty MPS $ during a month. Rate). To find the Total MPS in Excess for any month: 1. determine which days during the month (‘‘Days in Excess’’) the Participant ex- ceeded its proportionate share of MPS for 30 or more consecutive seconds (each, a ‘‘Period in Excess’’), whether it did so once or multiple times on any day;

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UTP CAPACITY PROCESS—PENALTIES FOR EXCEEDING PROPORTIONATE SHARE—Continued

Scenario Description Penalty Increase projections

2. for each Day in Excess during a month, determine that day’s ‘‘Highest Period in Excess’’; and 3. add the Participant’s MPS in excess of its Proportionate Share for each Day in Excess’ Highest Period in Excess. A day’s ‘‘Highest Period in Excess’’ refers to the Period in Excess during which the Participant exceeded its Proportionate Share of MPS by more than it did during the day’s other Peri- ods in Excess. To find the Penalty MPS $ Rate for any month, multiply twice the current monthly MPS $ rate by the percentage of trading days during the month that were Days in Excess; that is: (2 x current monthly MPS $ rate) x (# Days in Ex- cess/# trading days in the month). Notes: 1. The Processor reports containing daily/monthly/quarterly activity by Participant will be used to determine if any of the above penalty criteria have been met. 2. The Processor will notify a Participant in the event it has been assessed a penalty. 3. Participant penalties will be distributed to the other Participants based on each Participant’s Proportionate Share. 4. Reports provided by the Processor to the Participants will include the total monthly costs, that Participant’s Proportionate Share, any pen- alties to be paid by that Participant, any redistribution of penalties paid by other Participant(s) and the number of Participants who paid penalties broken down by Quote and Trade separately. • Participant’s Monthly Costs are Total Monthly Costs multiplied by Participant’s Proportionate Share.

UTP Capacity Planning Initial Projected Requirements: Participant Projected Processor Capacity Requirements—Input Document Participant Name: llllllllll

Projected peak 5 second MPS Projected peak total daily transactions Period beginning: UTP quote UTP trade UTP quote UTP trade

Approved By: llllllllllll Final Projected Requirements: Date Submitted: lllllllllll

Projected peak 5 second MPS Projected peak total daily transactions Period beginning: UTP quote UTP trade UTP quote UTP trade

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Approved By: llllllllllll other.shtml). Comments will also be regulatory harmonization, and to Date Submitted: lllllllllll available for Web site viewing and recommend processes and procedures [FR Doc. 2010–11435 Filed 5–12–10; 8:45 am] printing in the SEC’s Public Reference for achieving and reporting on those BILLING CODE 8011–01–P Room, 100 F St., NE., Washington, DC goals. 20549, on official business days To achieve the Committee’s goals, the between the hours of 10 a.m. and 3 p.m. Chairmen of the SEC and CFTC will SECURITIES AND EXCHANGE All comments received will be posted appoint approximately 10–15 members. COMMISSION without change; we do not edit personal There will be two co-designated Federal officers of the committee. The Chairman [Release No. 33–9123; File No. 265–26] identifying information from your submissions. You should submit only of the CFTC will appoint a CFTC COMMODITY FUTURES TRADING information that you wish to make employee to serve as one co-designated COMMISSION available publicly. federal officer of the committee and the Commodity Futures Trading Chairman of the SEC will appoint an Joint CFTC–SEC Advisory Committee Commission: SEC employee to serve as the other co- on Emerging Regulatory Issues • Written comments may be mailed to designated Federal officer of the the Commodity Futures Trading committee. The co-designated federal AGENCY: Securities and Exchange Commission, Three Lafayette Centre, officers jointly call all of the advisory Commission (‘‘SEC’’) and Commodity 1155 21st Street, NW., Washington, DC committee’s and subcommittees’ Futures Trading Commission (‘‘CFTC’’) 20581, attention Office of the Secretary; meetings, prepare and jointly approve (each, an ‘‘Agency,’’ and collectively, transmitted by facsimile to the CFTC at all meeting agendas, adjourn any ‘‘Agencies’’). (202) 418–5521; or transmitted meeting when they jointly determine ACTION: Notice of Federal Advisory electronically to adjournment to be in the public interest, Committee Establishment. [email protected]. Reference and chair meetings when directed to do should be made to ‘‘Joint CFTC–SEC so. The co-designated Federal officers SUMMARY: The Chairmen of the SEC and Advisory Committee.’’ also will attend all committee and CFTC, with the concurrence of the other subcommittee meetings. The Chairmen SEC and CFTC Commissioners, FOR FURTHER INFORMATION CONTACT: Ronesha Butler, Special Counsel, at of the CFTC and of the SEC shall serve respectively, intend to establish the as Co-Chairmen of the Committee. The Joint CFTC–SEC Advisory Committee (202) 551–5629, Division of Trading and Markets, or Elizabeth M. Murphy, Committee’s membership will be fairly on Emerging Regulatory Issues (the balanced in terms of points of view ‘‘Committee’’). Committee Management Officer, at (202) 551–5400, Securities and Exchange represented and the functions to be Comments Commission, 100 F St., NE., performed. The Committee’s charter will be filed Washington, DC 20549, or Martin Because the Agencies will jointly with the Senate Committee on White, Committee Management Officer, review all comments submitted, Agriculture, Nutrition and Forestry; the at (202) 418–5129, Commodity Futures interested parties may send comments House of Representatives Committee on to either Agency and need not submit Trading Commission, Three Lafayette Agriculture; the Senate Committee on responses to both Agencies. Centre, 1155 21st Street, NW., Banking, Housing, and Urban Affairs; Respondents are encouraged to use the Washington, DC 20581. the House Committee on Financial title ‘‘Joint CFTC–SEC Advisory SUPPLEMENTARY INFORMATION: In Services, and U.S. General Services Committee’’ to facilitate the organization accordance with the requirements of the Administration Committee Management and distribution of comments between Federal Advisory Committee Act, 5 Secretariat (‘‘Secretariat’’). A copy of the the Agencies. Interested parties are U.S.C. App. 2, the Agencies are charter also will be filed with the SEC, invited to submit responses to: publishing this notice that the Chairmen CFTC and the Library of Congress. The Securities and Exchange Commission: of the SEC and CFTC, with the charter will be available for Web site Written comments may be submitted by concurrence of the other SEC and CFTC viewing and printing in the Public the following methods: Commissioners, intend to establish the Reference Room at the SEC’s Committee. The Committee’s objectives Electronic Comments headquarters and posted on the SEC’s and scope of activities are to conduct Web site at http://www.sec.gov and the • Use the SEC’s Internet submission public meetings, submit reports and CFTC’s Web site at http://www.cftc.gov. form (http://www.sec.gov/rules/ recommendations to the CFTC and the The Committee will operate for two other.shtml); or SEC and otherwise to serve as a vehicle years from the date it is established • Send an email to rule- for discussion and communication on unless, before the expiration of that time [email protected]. regulatory issues of mutual concern and period, its charter is re-established or Please include File No. 265–26 on the their effect on the CFTC’s and SEC’s renewed in accordance with the Federal subject line. statutory responsibilities. Subjects to be Advisory Committee Act or unless Paper Comments addressed by the Committee will either the Chairman of the SEC or the include, but will not be limited to, • Chairman of the CFTC determines that Send paper comments in triplicate identification of emerging regulatory the Committee’s continuance is no to Elizabeth M. Murphy, Secretary, risks, assessment and quantification of longer in the public interest. Securities and Exchange Commission, the impact of such risks and their The Committee will meet at such 100 F St., NE., Washington, DC 20549. implications for investors and market intervals as are necessary to carry out its All submissions should refer to File No. participants, and to further the functions. It is estimated that the 265–26. Agencies’ efforts on regulatory meetings will occur six times per year. To help the SEC process and review harmonization. The committee will Meetings of subgroups or your comments more efficiently, please work to develop clear and specific goals subcommittees of the full Committee use only one method. The SEC staff will toward identifying and addressing may occur more frequently. post all comments on the SEC’s Internet emerging regulatory risks, protecting The charter will provide that the Web site (http://www.sec.gov/rules/ investors and customers, and furthering duties of the Committee are to be solely

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advisory. Each Agency alone will make solicit comments on the proposed rule both on EDGA and EDGX). As a result any determinations of action to be taken change from interested persons. of a decrease in fees by Nasdaq OMX and policy to be expressed with respect when removing liquidity in securities I. Self-Regulatory Organization’s to matters within their respective priced less than $1.00,5 the Exchange Statement of the Terms of Substance of authority as to which the Committee proposes to amend its fee schedule in the Proposed Rule Change provides advice or makes order to charge 0.10% of the total dollar recommendations. The Exchange proposes to amend value of the transaction (instead of The Chairmen of the Agencies affirm Direct Edge ECN’s (‘‘DECN’’) fee 0.30%) when orders are routed to 3 that the establishment of the Committee schedule for ISE Members to (i) change Nasdaq BX in Tapes A & C securities is necessary and in the public interest. the rates for routing in securities priced and remove liquidity. This is proposed Pursuant to 41 CFR 102–3.65(b), the less than $1.00 to certain away market to be indicated by footnote number 3 on Secretariat has found good cause for centers; (ii) reintroduce the rebate on the existing ‘‘C’’ flag. A conforming approving the establishment of this securities priced less than $1.00 that amendment has also been made to the advisory committee prior to the fifteenth add liquidity to EDGX; (iii) pass through fee schedule to append footnote number day after publication of notice of rebates/fees from other market centers; 3 to indicate an exception to the establishment in the Federal Register so and (iv) increase the rebate for Members standard rate (0.30% of dollar value) for that the Committee members can meeting the Ultra Tier. All of the routing liquidity in securities priced quickly begin to identify emerging changes described herein are applicable less than $1.00. regulatory issues and their potential to ISE Members. Additionally, the Exchange proposes The text of the proposed rule change impact on investors and the securities to charge 0.20% of the total dollar value is available on the Exchange’s Internet markets. The Committee will lend the of the transaction when orders are Web site at http://www.ise.com. CFTC and SEC expertise that ranges routed to Nasdaq and remove liquidity across the securities and futures II. Self-Regulatory Organization’s in securities on all Tapes or orders are 6 markets. Statement of the Purpose of, and routed to Nasdaq using the INET order Statutory Basis for, the Proposed Rule type and remove liquidity in securities By the Securities and Exchange on all Tapes. This is proposed to be Commission. Change indicated by footnote number 3 Dated: May 10, 2010. In its filing with the Commission, the appended to the existing ‘‘J,’’ ‘‘L,’’ and ‘‘2’’ Elizabeth M. Murphy, self-regulatory organization included flags. A conforming amendment has also Committee Management Officer. statements concerning the purpose of, been made to the fee schedule to and basis for, the proposed rule change By the Commodity Futures Trading append footnote number 3 to indicate Commission. and discussed any comments it received an exception to the standard rate (0.30% on the proposed rule change. The text of dollar value) for routing liquidity in Martin White, of these statements may be examined at Committee Management Officer. securities priced less than $1.00. the places specified in Item IV below. The Exchange believes that this rate [FR Doc. 2010–11507 Filed 5–12–10; 8:45 am] The self-regulatory organization has change will seek to incentivize the BILLING CODE 8010–01–P; 6351–01–P prepared summaries, set forth in removal of liquidity from EDGA and sections A, B and C below, of the most EDGX in securities priced less than significant aspects of such statements. SECURITIES AND EXCHANGE $1.00 that are routed to certain away COMMISSION A. Self-Regulatory Organization’s market centers. Statement of the Purpose of, and Re-Introduction of Rebate Statutory Basis for, the Proposed Rule [Release No. 34–62050; File No. SR–ISE– Change Currently, there is no rebate for 2010–37] adding liquidity on EDGX in securities 1. Purpose Self-Regulatory Organizations; priced less than $1.00. The Exchange is International Securities Exchange, DECN, a facility of ISE, operates two proposing to re-introduce a rebate of 4 LLC; Notice of Filing and Immediate trading platforms, EDGX and EDGA. $0.00003 per share for orders that add Effectiveness of Proposed Rule The Exchange is proposing to amend liquidity to EDGX in securities priced Change Relating to Amending the the routing rates to certain away market less than $1.00. The Exchange believes Direct Edge ECN Fee Schedule centers associated with the removal of that this rebate is appropriate as it liquidity from EDGA and EDGX in represents 30% of the minimum price May 6, 2010. securities priced less than $1.00. increment for securities priced less than Pursuant to Section 19(b)(1) of the Currently, for orders in securities priced $1.00 ($0.0001) and effectively aligns Securities Exchange Act of 1934 (the less than $1.00 that are routed to Nasdaq the rebate with access fee caps under 7 ‘‘Act’’),1 and Rule 19b–4 thereunder,2 BX in Tapes A & C securities and that Regulation NMS. notice is hereby given that on April 30, remove liquidity, orders are charged the 5 2010, the International Securities Exchange’s standard routing charge for See Nasdaq OMX Equity Trader Alert, #2010– securities less than $1.00 (0.30% of the 27 (April 19, 2010) (‘‘Firms will be charged 0.10% Exchange, LLC (the ‘‘Exchange’’ or the (i.e., 10 basis points) of the total dollar value of the ‘‘ISE’’) filed with the Securities and total dollar value of the transaction, transaction when removing liquidity in stocks with Exchange Commission (‘‘Commission’’) prices below $1.00’’). the proposed rule change as described 3 References to ISE Members in this filing refer to 6 The INET order type sweeps the EDGA or EDGX DECN Subscribers who are ISE Members. book and removes liquidity from Nasdaq, if the in Items I, II, and III below, which items 4 This fee filing relates to the trading facility order is marketable, or posts on Nasdaq, if the order have been prepared by the self- operated by ISE and not EDGA Exchange, Inc. and is non-marketable. regulatory organization. The EDGX Exchange, Inc. Direct Edge ECN LLC (EDGA 7 The Access Rule of Regulation NMS limits the Commission is publishing this notice to and EDGX) will cease to operate in its capacity as fees any trading center can charge, or allow to be an electronic communications network following charged, for accessing its protected quotations, both the commencement of operations of EDGA displayed and reserve size, to no more than $0.003 1 15 U.S.C. 78s(b)(1). Exchange, Inc. and EDGX Exchange, Inc. as national per share. See Rule 610(c) of Regulation NMS, 2 17 CFR 240.19b–4. securities exchanges. Continued

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Amendment to Ultra-Tier Rebate excessive. The proposed rule change Electronic Comments The Exchange’s fee schedule currently reflects a competitive pricing structure • designed to incent market participants Use the Commission’s Internet provides that Members can qualify for a comment form (http://www.sec.gov/ rebate of $0.0031 per share for all to direct their order flow to DECN. The Exchange believes that the proposed rules/sro.shtml); or liquidity posted on EDGX if they add or • route at least 5,000,000 shares of average amendment to the Ultra-Tier rebate is Send an e-mail to rule- daily volume prior to 9:30 a.m. or after equitable in that it applies uniformly to [email protected]. Please include File 4 p.m. (includes all flags except 6) and all Members and provides a higher Number SR–ISE–2010–37 on the subject add a minimum of 50,000,000 shares of rebate for higher volume thresholds, line. average daily volume on EDGX in total, resulting from lower administrative Paper Comments including during both market hours and costs. Finally, the Exchange believes pre- and post-trading hours. Effective that the proposed rates further the • Send paper comments in triplicate May 1, 2010, the Exchange is proposing objectives of Regulation NMS by to Elizabeth M. Murphy, Secretary, to increase this rebate to $0.0032 per promoting competition and granting fair Securities and Exchange Commission, share to further incentivize posting and equal access to all exchange 100 F Street, NE., Washington, DC liquidity to EDGX. In addition, the participants. ISE believes the fees and 20549–1090. credits remain competitive with those higher rebate also results, in part, from All submissions should refer to File charged by other venues and therefore lower administrative costs associated Number SR–ISE–2010–37. This file continue to be reasonable and equitably with higher volume. number should be included on the allocated to those members that opt to subject line if e-mail is used. To help the Pass-through of NYSE Fees/Rebates direct orders to DECN rather than Commission process and review your The NYSE recently announced competing venues. changes, effective May 2010, that it will comments more efficiently, please use increase the fee for removing liquidity B. Self-Regulatory Organization’s only one method. The Commission will in Tape A securities to $0.0021 per Statement on Burden on Competition post all comments on the Commission’s share (from 0.0018 per share) and Internet Web site (http://www.sec.gov/ The proposed rule change does not rules/sro.shtml). Copies of the increase the rebate for trading in Tape impose any burden on competition that submission,12 all subsequent A securities to $0.0013 per share (from is not necessary or appropriate in amendments, all written statements $0.0010 per share). Flag D, which furtherance of the purposes of the Act. indicates orders that are routed or re- with respect to the proposed rule routed to NYSE, and remove liquidity, C. Self-Regulatory Organization’s change that are filed with the will be amended to reflect the charge of Statement on Comments on the Commission, and all written $0.0021 per share. A conforming Proposed Rule Change Received From communications relating to the amendment is also proposed to Flag F Members, Participants or Others proposed rule change between the (routed to NYSE, adds liquidity) to Commission and any person, other than The Exchange has not solicited, and those that may be withheld from the increase the rebate to $0.0013 per share. does not intend to solicit, comments on Footnote 3 is proposed to be amended public in accordance with the this proposed rule change. The provisions of 5 U.S.C. 552, will be to reflect NYSE’s fee change for trading Exchange has not received any in securities with a per share price available for Web site viewing and unsolicited written comments from printing in the Commission’s Public below $1.00 (from $0.0018 per share to members or other interested parties. $0.0021 per share). In addition, the ‘‘Q’’ Reference Room, 100 F Street, NE., flag, which denotes an order type III. Date of Effectiveness of the Washington, DC 20549, on official (ROUC) that routes to the NYSE, is Proposed Rule Change and Timing for business days between the hours of 10 proposed to be increased from $0.0015 Commission Action a.m. and 3 p.m. Copies of the filing also will be available for inspection and per share to $0.0018 per share on EDGA The foregoing rule change has become and EDGX to reflect the increase. copying at the principal office of the effective pursuant to Section 19(b)(3) of ISE. All comments received will be The changes discussed in this filing the Act 10 and Rule 19b–4(f)(2) 11 will become operative on May 1, 2010. posted without change; the Commission thereunder. At any time within 60 days does not edit personal identifying 2. Statutory Basis of the filing of such proposed rule information from submissions. You change, the Commission may summarily The Exchange believes that the should submit only information that abrogate such rule change if it appears proposed rule change is consistent with you wish to make available publicly. All to the Commission that such action is the objectives of Section 6 of the Act,8 submissions should refer to File necessary or appropriate in the public in general, and furthers the objectives of Number SR–ISE–2010–37 and should be interest, for the protection of investors, Section 6(b)(4),9 in particular, as it is submitted on or before June 3, 2010. or otherwise in furtherance of the designed to provide for the equitable purposes of the Act. For the Commission, by the Division of allocation of reasonable dues, fees and Trading and Markets, pursuant to delegated other charges among its members and IV. Solicitation of Comments authority.13 other persons using its facilities. ISE Florence E. Harmon, Interested persons are invited to notes that DECN operates in a highly submit written data, views, and Deputy Secretary. competitive market in which market arguments concerning the foregoing, [FR Doc. 2010–11397 Filed 5–12–10; 8:45 am] participants can readily direct order including whether the proposed rule BILLING CODE 8011–01–P flow to competing venues if they deem change is consistent with the Act. fee levels at a particular venue to be Comments may be submitted by any of 12 The text of the proposed rule change is the following methods: available on ISE’s Web site at http://www.ise.com, Securities and Exchange Act Release No. 51808 on the Commission’s Web site at http:// (June 9, 2005), 70 FR 37496 (June 29, 2005). www.sec.gov, at ISE, and at the Commission’s 8 15 U.S.C. 78f. 10 15 U.S.C. 78s(b)(3)(A). Public Reference Room. 9 15 U.S.C. 78f(b)(4). 11 17 CFR 19b–4(f)(2). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE have been prepared by NASDAQ. orders and $0.55 per contract for Firm COMMISSION Pursuant to Section 19(b)(3)(A)(ii) of the and Market Maker orders that are routed Act 3 and Rule 19b–4(f)(2) thereunder,4 from NOM to NASDAQ OMX PHLX, [Release No. 34–62056; File No. SR– NASDAQ–2010–056] NASDAQ has designated this proposal Inc. (‘‘Phlx’’), as well as update as establishing or changing a due, fee, or execution pricing for certain options Self-Regulatory Organizations; The other charge, which renders the and increase the Firm fee for removing NASDAQ Stock Market LLC; Notice of proposed rule change effective upon liquidity in non-Penny Pilot options. Filing and Immediate Effectiveness of filing. The Commission is publishing NASDAQ will make the proposed rule Proposed Rule Change Relating to this notice to solicit comments on the changes effective for transactions on or Pricing for Option Orders Routed to proposed rule change from interested after May 3, 2010. Away Markets and Execution Pricing persons. The text of the proposed rule change for Certain Options I. Self-Regulatory Organization’s is set forth below. Italics indicate new text. May 6, 2010. Statement of the Terms of Substance of Pursuant to Section 19(b)(1) of the the Proposed Rule Change * * * * * Securities Exchange Act of 1934 NASDAQ proposes to modify Rule 7050. NASDAQ Options Market (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 7050 governing pricing for NASDAQ notice is hereby given that on April 30, members using the NASDAQ Options The following charges shall apply to 2010, The NASDAQ Stock Market LLC Market (‘‘NOM’’), NASDAQ’s facility for the use of the order execution and (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with executing and routing standardized routing services of the NASDAQ the Securities and Exchange equity and index options. Specifically, Options Market by members for all Commission (‘‘SEC’’ or ‘‘Commission’’) NOM proposes to expand the list of securities. the proposed rule change as described options that will be assessed routing (1) Fees for Execution of Contracts on in Items I, II, and III, below, which Items fees of $0.30 per contract for customer the NASDAQ Options Market

FEES AND REBATES [per executed contract]

Non-NOM NOM Customer Firm Market Market maker maker

Penny Pilot Options: Rebate to Add Liquidity ...... $0.25 $0.25 $0.25 $0.25 Fee for Removing Liquidity ...... $0.35 $0.45 $0.45 $0.45 IWM, QQQQ, SPY Rebate to Add Liquidity ...... $0.30 $0.30 $0.30 $0.30 Fee for Removing Liquidity ...... $0.35 $0.45 $0.45 $0.45 NDX and MNX Rebate to Add Liquidity ...... $0.10 $0.10 $0.10 $0.20 Fee for Removing Liquidity ...... $0.50 $0.50 $0.50 $0.40 All Other Options: Fee for Adding Liquidity ...... Free $0.30 $0.30 $0.30 Fee for Removing Liquidity ...... — $0.40 $0.45 $0.45 [$0.20] Rebate for Removing Liquidity * ...... $0.20 — — — Transactions in which the same participant is the buyer and the seller shall be charged a net fee of $0.10 per executed contract. * No rebate will be paid when a customer order executes against another customer order. For a pilot period ending July 31, 2010, the charge for members or non-members entering order via the Options Intermarket Linkage that exe- cutes in the Nasdaq Options Market shall be $0.45 per executed contract.

(2)–(3) No Change. Options Market shall be assessed as related to orders routed to other (4) Fees for routing contracts to provided below. The current fees and a exchanges shall be posted on the markets other than the NASDAQ historical record of applicable fees NasdaqTrader.com Web site.

Exchange Customer Firm MM

BATS ...... $0.36 $0.55 $0.55 BOX ...... 0.06 0.55 0.55 CBOE ...... 0.06 0.55 0.55 ISE ...... 0.06 0.55 0.55 NYSE Arca Penny Pilot ...... 0.50 0.55 0.55 NYSE Arca Non Penny Pilot ...... 0.06 0.55 0.55 NYSE AMEX ...... 0.06 0.55 0.55 PHLX (for all options other than the below listed options) ...... 0.06 0.55 0.55

1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(2).

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Exchange Customer Firm MM

PHLX (for the following options only): AA, AAPL. AIG, ALL, AMD, AMR, AMZN, BAC, BRCD, C, CAT, CSCO, DELL, DIA, DRYS, EK, F, FAS, FAZ, GDX, GE, GLD, GS, IBM, INTC, IWM, JPM, LVS, MGM, MSFT, MU, NEM, NOK, PALM, PFE, POT, QCOM, QQQQ, RIMM, SBUX, SIRI, SKF, SLV, SMH, SNDK, SPY, T, TZA, UAUA, UNG, USO, UYG, VZ, WYNN, X, XLF ...... $0.30 $0.55 $0.55

* * * * * (‘‘NOK’’); Sirius XM Radio, Inc. (‘‘SIRI’’); with Section 6(b)(5) of the Act 10 in that and Direxion Daily Small Cap Bear 3X it is designed to prevent fraudulent and II. Self-Regulatory Organization’s Shares (‘‘TZA’’). manipulative acts and practices, to Statement of the Purpose of, and promote just and equitable principles of Statutory Basis for, the Proposed Rule The Exchange is proposing these fees trade, to foster cooperation and Change to recoup the majority of transaction and clearing costs associated with coordination with persons engaged in In its filing with the Commission, routing orders to Phlx. As with all fees, regulating, clearing, settling, processing NASDAQ included statements the Exchange may adjust these routing information with respect to, and concerning the purpose of and basis for fees by filing a new proposed rule facilitating transactions in securities, to the proposed rule change and discussed change. remove impediments to and perfect the any comments it received on the NASDAQ currently offers a Penny mechanism of a free and open market proposed rule change. The text of these Pilot option rebate of $0.25. NASDAQ is and a national market system, and, in statements may be examined at the proposing to increase the rebate to all general, to protect investors and the places specified in Item IV below. participants for providing liquidity in public interest; and is not designed to NASDAQ has prepared summaries, set IWM, QQQQ and SPY options to $0.30 permit unfair discrimination between forth in sections A, B, and C below, of per executed contract.6 The fee to customers, issuers, brokers, or dealers, the most significant aspects of such remove liquidity in these options will or to regulate by virtue of any authority statements. continue to be the standard Penny Pilot conferred by the Act matters not related A. Self-Regulatory Organization’s remove fee of $0.35 for Customers and to the purposes of the Act or the Statement of the Purpose of, and $0.45 for Firms and Market Makers. The administration of the Exchange. Statutory Basis for, the Proposed Rule Exchange also proposes to increase the NASDAQ is one of eight options Change Firm fee for removing liquidity in non- market in the national market system for Penny Pilot options from $0.20 to $0.40 standardized options. Joining NASDAQ 1. Purpose per executed contract.7 and electing to trade options is entirely NASDAQ is proposing to modify Rule The changes are part of the voluntary. Under these circumstances, 7050 governing the fees assessed for Exchange’s continued effort to attract NASDAQ’s fees must be competitive options orders entered into NOM but and enhance participation on NOM. The and low in order for NASDAQ to attract routed to and executed on Phlx. Exchange believes these proposed fee order flow, execute orders, and grow as Specifically, NASDAQ is proposing to changes are reasonable and equitable in a market. NASDAQ thus believes that its expand the number of options to which that they apply uniformly to all fees are fair and reasonable and certain routing fees apply to reflect the similarly situated participants on NOM. consistent with the Exchange Act. expansion of the fee schedule for adding The Exchange has designated this B. Self-Regulatory Organization’s and removing liquidity on the Phlx.5 proposal to be operative for trades on or Statement on Burden on Competition NASDAQ is also proposing to modify after May 3, 2010. Rule 7050 governing the fees for NASDAQ does not believe that the execution of contracts on NOM by 2. Statutory Basis proposed rule change will impose any burden on competition that is not updating execution pricing for IWM, NASDAQ believes that the proposed necessary or appropriate in furtherance QQQQ and SPY options, as well as raise rule changes are consistent with the of the purposes of the Act, as amended. the Firm fee for removing liquidity in provisions of Section 6 of the Act,8 in To the contrary, NASDAQ has designed non-Penny Pilot options. general, and with Section 6(b)(4) of the its fees to compete effectively for the NASDAQ currently assesses a $0.30 Act,9 in particular, in that it provides for execution and routing of options per contract routing fee for customer the equitable allocation of reasonable contracts and to reduce the overall cost orders, and a $0.55 per contract routing dues, fees and other charges among to investors of options trading. fee for Firm and Market Maker orders members and issuers and other persons routed from NOM to Phlx for options using any facility or system which C. Self-Regulatory Organization’s that are subject to fees and rebates for NASDAQ operates or controls. Statement on Comments on the adding and removing liquidity as NASDAQ further believes that the Proposed Rule Change Received From described in the Phlx fee schedule. To proposed rule changes are consistent Members, Participants, or Others reflect the additions Phlx is making to No written comments were either its fee schedule, NASDAQ proposes to 6 The rebate increase is consistent to a similar solicited or received. add the following options to the table increase made by NYSEArca. See Securities set forth in Rule 7050(4): Brocade Exchange Act Release No. 61894 (April 13, 2010), III. Date of Effectiveness of the Communications Systems, Inc. 75 FR 20413 (April 19, 2010) (SR–NYSEArca–2010– Proposed Rule Change and Timing for 24). (‘‘BRCD’’); International Business 7 This fee increase is similar to rates assessed by Commission Action Machines Corp. (‘‘IBM’’); Nokia Corp. NYSEArca and NASDAQ OMX PHLX, Inc. for Firm The foregoing rule change has become electronic executions. Id.; See Securities Exchange effective pursuant to Section 5 Act Release No. 61971 (April 23, 2010), pending See SR–Phlx–2010–64 (April 26, 2010). For a 19(b)(3)(A)(ii) of the Act 11 and description of the Phlx’s current fee schedule for publication in the Federal Register (SR–Phlx–2010– adding and removing liquidity, See Securities 62). Exchange Act Release No. 61684 (March 10, 2010), 8 15 U.S.C. 78f. 10 15 U.S.C. 78f(b)(5). 75 FR 13189 (March 18, 2010) (SR–Phlx–2010–33). 9 15 U.S.C. 78f(b)(4). 11 15 U.S.C. 78s(b)(3)(A)(ii).

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paragraph (f)(2) of Rule 19b–4 12 identifying information from and discussed any comments it received thereunder. At any time within 60 days submissions. You should submit only on the proposed rule change. The text of the filing of the proposed rule change, information that you wish to make of these statements may be examined at the Commission may summarily publicly available. All submissions the places specified in Item IV below. abrogate such rule change if it appears should refer to File Number SR– The self-regulatory organization has to the Commission that such action is NASDAQ–2010–056 and should be prepared summaries, set forth in necessary or appropriate in the public submitted on or before June 3, 2010. sections A, B and C below, of the most interest, for the protection of investors, For the Commission, by the Division of significant aspects of such statements. or otherwise in furtherance of the Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s purposes of the Act. 13 authority. Statement of the Purpose of, and IV. Solicitation of Comments Florence E. Harmon, Statutory Basis for, the Proposed Rule Deputy Secretary. Interested persons are invited to Change [FR Doc. 2010–11400 Filed 5–12–10; 8:45 am] submit written data, views, and 1. Purpose arguments concerning the foregoing, BILLING CODE 8010–01–P The purpose of this proposed rule including whether the proposed rule change is to adopt a limited fee waiver change is consistent with the Act. SECURITIES AND EXCHANGE for PrecISE Trade® (‘‘PrecISE’’), the Comments may be submitted by any of COMMISSION Exchange’s proprietary front-end order the following methods: [Release No. 34–62053; File No. SR–ISE– routing terminal used by Electronic Electronic Comments 2010–35] Access Members (‘‘EAM’’) and 3 • Use the Commission’s Internet sponsored customers of an EAM to comment form (http://www.sec.gov/ Self-Regulatory Organizations; send order flow to ISE. The Exchange rules/sro.shtml); or International Securities Exchange, currently charges $350 per user per • Send an e-mail to rule- LLC; Notice of Filing and Immediate month for the first 10 users of an EAM [email protected]. Please include File Effectiveness of Proposed Rule and $100 per user per month for all Number SR–NASDAQ–2010–056 on the Change To Adopt a Fee Waiver for Its subsequent users. The Exchange also subject line. PrecISE Terminals has a PrecISE sponsored customer fee of $350 per sponsored customer per month Paper Comments May 6, 2010. for the first 10 users and $100 per • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the sponsored customer per month for all to Elizabeth M. Murphy, Secretary, Securities Exchange Act of 1934 (the subsequent users. Securities and Exchange Commission, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 In order to give new users time to 100 F Street, NE., Washington, DC notice is hereby given that on April 26, become familiar and fully acclimated 20549–1090. 2010, the International Securities with all of the functionality that PrecISE All submissions should refer to File Exchange, LLC (the ‘‘Exchange’’ or the offers, we proposes [sic] to adopt a fee Number SR–NASDAQ–2010–056. This ‘‘ISE’’) filed with the Securities and waiver applicable to all new users of file number should be included on the Exchange Commission the proposed PrecISE. Specifically, we propose to subject line if e-mail is used. To help the rule change, as described in Items I, II, waive our PrecISE fees for the first two Commission process and review your and III below, which items have been months for all new EAM and sponsored comments more efficiently, please use prepared by the self-regulatory customer users. The proposed fee only one method. The Commission will organization. The Commission is waivers are based on ISE’s billing post all comments on the Commission’s publishing this notice to solicit period, which begins on the 16th of Internet Web site (http://www.sec.gov/ comments on the proposed rule change each month and ends on the 15th of the rules/sro.shtml). Copies of the from interested persons. following month. So if a new user begins using a PrecISE Trade terminal submission, all subsequent I. Self-Regulatory Organization’s on May 16th, that user’s PrecISE fees amendments, all written statements Statement of the Terms of Substance of would be waived from May 16–July 15, with respect to the proposed rule the Proposed Rule Change i.e., two billing periods. And if a new change that are filed with the The ISE is proposing to amend its Commission, and all written user begins using a PrecISE Trade Schedule of Fees by adopting a fee terminal on May 18th, that user’s communications relating to the waiver. The text of the proposed rule proposed rule change between the PrecISE fees would similarly be waived change is available on the Exchange’s 4 Commission and any person, other than from May 18–July 15. Web site (http://www.ise.com), at the These proposed fee changes will be those that may be withheld from the principal office of the Exchange, and at operative on May 3, 2010. public in accordance with the the Commission’s Public Reference provisions of 5 U.S.C. 552, will be Room. 2. Statutory Basis available for Web site viewing and The basis under the Securities printing in the Commission’s Public II. Self-Regulatory Organization’s Exchange Act of 1934 (the ‘‘Exchange Reference Room, 100 F Street, NE., Statement of the Purpose of, and Act’’) for this proposed rule change is Washington, DC 20549, on official Statutory Basis for, the Proposed Rule the requirement under Section 6(b)(4) business days between the hours of 10 Change that an exchange have an equitable a.m. and 3 p.m. Copies of such filing In its filing with the Commission, the also will be available for inspection and self-regulatory organization included 3 A ‘‘Sponsored Customer’’ is a non-Member of the copying at the principal office of the statements concerning the purpose of, Exchange that trades under a sponsoring Member’s Exchange. All comments received will and basis for, the proposed rule change execution and clearing identity, pursuant to ISE be posted without change; the Rule 706, Supplementary Material .01. 4 See e-mail from Samir Patel, Assistant General Commission does not edit personal 13 17 CFR 200.30–3(a)(12). Counsel, ISE, to Richard Holley III, Senior Special 1 15 U.S.C. 78s(b)(1). Counsel, Division of Trading and Markets, 12 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. Commission, dated May 3, 2010.

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allocation of reasonable dues, fees and All submissions should refer to File notice is hereby given that on April 30, other charges among its members and Number SR–ISE–2010–35. This file 2010, the International Securities other persons using its facilities. In number should be included on the Exchange, LLC (the ‘‘Exchange’’ or the particular, the proposed rule change subject line if e-mail is used. To help the ‘‘ISE’’) filed with the Securities and will serve as an incentive for EAMs and Commission process and review your Exchange Commission (‘‘Commission’’) their sponsored customers to use comments more efficiently, please use the proposed rule change as described PrecISE as an additional trading tool on only one method. The Commission will in Items I and II below, which Items their trading desks. post all comments on the Commission’s have been prepared by the self- Internet Web site (http://www.sec.gov/ B. Self-Regulatory Organization’s regulatory organization. The rules/sro.shtml). Copies of the Statement on Burden on Competition Commission is publishing this notice to submission, all subsequent solicit comments on the proposed rule The proposed rule change does not amendments, all written statements change from interested persons, and is impose any burden on competition that with respect to the proposed rule approving the proposal on an is not necessary or appropriate in change that are filed with the accelerated basis. furtherance of the purposes of the Act. Commission, and all written I. Self-Regulatory Organization’s C. Self-Regulatory Organization’s communications relating to the proposed rule change between the Statement of the Terms of Substance of Statement on Comments on the the Proposed Rule Change Proposed Rule Change Received From Commission and any person, other than Members, Participants or Others those that may be withheld from the The Exchange proposes to modify the public in accordance with the amounts that Direct Edge ECN The Exchange has not solicited, and provisions of 5 U.S.C. 552, will be (‘‘DECN’’), in its capacity as an does not intend to solicit, comments on available for Web site viewing and introducing broker for non-ISE this proposed rule change. The printing in the Commission’s Public Members, passes through to such non- Exchange has not received any Reference Room on official business ISE Members. unsolicited written comments from days between the hours of 10 a.m. and The text of the proposed rule change members or other interested parties. 3 p.m. Copies of such filing also will be is available on the Exchange’s Internet III. Date of Effectiveness of the available for inspection and copying at website at http://www.ise.com. the principal office of the ISE. All Proposed Rule Change and Timing for II. Self-Regulatory Organization’s Commission Action comments received will be posted without change; the Commission does Statement of the Purpose of, and The foregoing rule change has become not edit personal identifying Statutory Basis for, the Proposed Rule effective pursuant to Section 19(b)(3) of information from submissions. You Change the Act 5 and Rule 19b–4(f)(2) 6 should submit only information that In its filing with the Commission, the thereunder. At any time within 60 days you wish to make available publicly. All self-regulatory organization included of the filing of such proposed rule submissions should refer to File statements concerning the purpose of, change, the Commission may summarily Number SR–ISE–2010–35 and should be and basis for, the proposed rule change abrogate such rule change if it appears submitted by June 3, 2010. and discussed any comments it received to the Commission that such action is on the proposed rule change. The text necessary or appropriate in the public For the Commission, by the Division of of these statements may be examined at interest, for the protection of investors, Trading and Markets, pursuant to delegated 7 the places specified in Item III below. or otherwise in furtherance of the authority. The self-regulatory organization has purposes of the Act. Florence E. Harmon, Deputy Secretary. prepared summaries, set forth in IV. Solicitation of Comments [FR Doc. 2010–11399 Filed 5–12–10; 8:45 am] sections A, B and C below, of the most significant aspects of such statements. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and A. Self-Regulatory Organization’s arguments concerning the foregoing, Statement of the Purpose of, and including whether the proposed rule SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule change is consistent with the Act. COMMISSION Change Comments may be submitted by any of [Release No. 34–62051; File No. SR–ISE– 1. Purpose the following methods: 2010–38] Electronic Comments DECN, a facility of ISE, operates two Self-Regulatory Organizations; trading platforms, EDGX and EDGA.3 • Use the Commission’s Internet International Securities Exchange, The changes made pursuant to SR–ISE– comment form http://www.sec.gov/ LLC; Notice of Filing and Order 2010–37 became operative on May 1, rules/sro.shtml); or Granting Accelerated Approval to a • 2010. On April 30, 2010, the ISE filed Send an E-mail to rule- Proposed Rule Change Relating to the for immediate effectiveness a proposed [email protected]. Please include File Amounts That Direct Edge ECN, in Its rule change to amend Direct Edge ECN’s No. SR–ISE–2010–35 on the subject Capacity as an Introducing Broker for (‘‘DECN’’) fee schedule for ISE line. Non-ISE Members, Passes Through to Members 4 to: (i) Change the rates for Paper Comments Such Non-ISE Members • 3 This fee filing relates to the trading facility Send paper comments in triplicate May 6, 2010. operated by ISE and not EDGA Exchange, Inc. and to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the EDGX Exchange, Inc. Direct Edge ECN LLC (EDGA Securities and Exchange Commission, Securities Exchange Act of 1934 (the and EDGX) will cease to operate in its capacity as Station Place, 100 F Street, NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2 an electronic communications network following the commencement of operations of EDGA Washington, DC 20549–1090. Exchange, Inc. and EDGX Exchange, Inc. as national 7 17 CFR 200.30–3(a)(12). securities exchanges. 5 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 4 References to ISE Members in this filing refer to 6 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4. DECN Subscribers who are ISE Members.

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routing in securities priced less than (iv) pass through rebates/fees from other particular, this proposal will ensure that $1.00 to certain away market centers; 5 market centers.8 The changes made dues, fees and other charges imposed on (ii) reintroduce the rebate on securities pursuant to SR–ISE–2010–37 became ISE Members are equitably allocated to priced less than $1.00 that add liquidity operative on May 1, 2010. both ISE Members and non-ISE to EDGX; 6 (iii) increase the rebate for In its capacity as a member of ISE, Members (by virtue of the pass-through Members meeting the Ultra Tier; 7 and DECN currently serves as an introducing described above). broker for the non-ISE Member B. Self-Regulatory Organization’s 5 In SR–ISE–2010–37, the Exchange amended the subscribers of DECN to access EDGX Statement on Burden on Competition routing rates to certain away market centers and EDGA. DECN, as an ISE Member associated with the removal of liquidity from EDGA The proposed rule change does not and EDGX in securities priced less than $1.00. For and introducing broker, receives rebates orders in securities priced less than $1.00 that are and is assessed charges from DECN for impose any burden on competition that routed to Nasdaq BX in Tapes A & C securities and transactions it executes on EDGX or is not necessary or appropriate in that remove liquidity, orders were charged the EDGA in its capacity as introducing furtherance of the purposes of the Act. Exchange’s standard routing charge for securities less than $1.00 (0.30% of the total dollar value of broker for non-ISE Members. Since the C. Self-Regulatory Organization’s the transaction, both on EDGA and EDGX). As a amounts of such rebates and charges Statement on Comments on the result of a decrease in fees by Nasdaq OMX when were changed pursuant to SR–ISE– Proposed Rule Change Received From removing liquidity in securities priced less than 2010–37, DECN wishes to make $1.00, the Exchange amended its fee schedule in Members, Participants or Others order to charge 0.10% of the total dollar value of corresponding changes to the amounts it the transaction (instead of 0.30%) when orders were passes through to non-ISE Member The Exchange has not solicited, and routed to Nasdaq BX in Tapes A & C securities and subscribers of DECN for which it acts as does not intend to solicit, comments on removed liquidity. This has been indicated by introducing broker. As a result, the per this proposed rule change. The footnote number 3 on the existing ‘‘C’’ flag. A Exchange has not received any conforming amendment has also been made to the share amounts that non-ISE Member fee schedule to append footnote number 3 to subscribers receive and are charged will unsolicited written comments from indicate an exception to the standard rate (0.30% be the same as the amounts that ISE members or other interested parties. of dollar value) for routing liquidity in securities Members receive and are charged. priced less than $1.00. See Nasdaq OMX Equity III. Solicitation of Comments ISE is seeking accelerated approval of Trader Alert, #2010–27 (April 19, 2010) (‘‘Firms will Interested persons are invited to this proposed rule change, as well as an be charged 0.10% (i.e., 10 basis points) of the total submit written data, views, and dollar value of the transaction when removing effective date of May 1, 2010. ISE arguments concerning the foregoing, liquidity in stocks with prices below $1.00’’). represents that this proposal will ensure including whether the proposed rule Additionally, in SR–ISE–2010–37, the Exchange that both ISE Members and non-ISE amended its fee schedule to charge 0.20% of the change is consistent with the Act. Members (by virtue of the pass-through total dollar value of the transaction when orders are Comments may be submitted by any of routed to Nasdaq and remove liquidity in securities described above) will in effect receive the following methods: on all Tapes, or orders are routed to Nasdaq using and be charged equivalent amounts and the INET order type and remove liquidity in Electronic Comments securities on all Tapes. (The INET order type that the imposition of such amounts sweeps the EDGA or EDGX book and removes will begin on the same May 1, 2010 start • Use the Commission’s Internet liquidity from Nasdaq, if the order is marketable, or date. comment form (http://www.sec.gov/ posts on Nasdaq, if the order is non-marketable.) This has been indicated by footnote number 3 being 2. Statutory Basis rules/sro.shtml); or appended to the existing ‘‘J,’’ ‘‘L,’’ and ‘‘2’’ flags. A • Send an e-mail to rule- conforming amendment has also been made to the The Exchange believes that the [email protected]. Please include File fee schedule to append footnote number 3 to proposed rule change is consistent with Number SR–ISE–2010–38 on the subject 9 indicate an exception to the standard rate (0.30% the objectives of Section 6 of the Act, line. of dollar value) for routing liquidity in securities in general, and furthers the objectives of priced less than $1.00. Section 6(b)(4),10 in particular, in that it Paper Comments The Exchange believes that this rate change will seek to incentivize the removal of liquidity from is designed to provide for the equitable • Send paper comments in triplicate EDGA and EDGX in securities priced less than allocation of reasonable dues, fees and to Elizabeth M. Murphy, Secretary, $1.00 that are routed to certain away market other charges among its members and Securities and Exchange Commission, centers. other persons using its facilities. In 6 There was no rebate for adding liquidity on 100 F Street, NE., Washington, DC EDGX in securities priced less than $1.00. In SR– 20549–1090. ISE–2010–37, the Exchange re-introduced a rebate share to further incentivize posting liquidity to All submissions should refer to File EDGX. In addition, the higher rebate also resulted, of $0.00003 per share for orders that add liquidity Number SR–ISE–2010–38. This file to EDGX in securities priced less than $1.00. The in part, from lower administrative costs associated Exchange believes that this rebate was appropriate with higher volume. number should be included on the as it represented 30% of the minimum price 8 The NYSE recently announced changes, subject line if e-mail is used. To help the increment for securities priced less than $1.00 effective May 2010, that it will increase the fee for Commission process and review your ($0.0001) and effectively aligned the rebate with removing liquidity in Tape A securities to $0.0021 comments more efficiently, please use access fee caps under Regulation NMS. The Access per share (from 0.0018 per share) and increase the Rule of Regulation NMS limits the fees any trading rebate for trading in Tape A securities to $0.0013 only one method. The Commission will center can charge, or allow to be charged, for per share (from $0.0010 per share). In SR–ISE– post all comments on the Commission’s accessing its protected quotations, both displayed 2010–37, Flag D, which indicates orders that are Internet Web site (http://www.sec.gov/ and reserve size, to no more than $0.003 per share. routed or re-routed to NYSE, and remove liquidity, rules/sro.shtml). Copies of the See Rule 610(c) of Regulation NMS, Securities and was amended to reflect the charge of $0.0021 per 11 Exchange Act Release No. 51808 (June 9, 2005), 70 share. A conforming amendment was also made to submission, all subsequent FR 37496 (June 29, 2005). Flag F (routed to NYSE, adds liquidity) to increase amendments, all written statements 7 The Exchange’s fee schedule provided Members the rebate to $0.0013 per share. Footnote 3 was with respect to the proposed rule can qualify for a rebate of $0.0031 per share for all amended to reflect NYSE’s fee change for trading change that are filed with the liquidity posted on EDGX if they add or route at in securities with a per share price below $1.00 least 5,000,000 shares of average daily volume prior (from $0.0018 per share to $0.0021 per share). In Commission, and all written to 9:30 a.m. or after 4 p.m. (includes all flags except addition, the ‘‘Q’’ flag, which denotes an order type 6) and add a minimum of 50,000,000 shares of (ROUC) that routes to the NYSE, was increased 11 The text of the proposed rule change is average daily volume on EDGX in total, including from $0.0015 per share to $0.0018 per share on available on ISE’s Web site at http://www.ise.com, during both market hours and pre and post-trading EDGA and EDGX to reflect the increase. on the Commission’s Web site at http:// hours. In SR–ISE–2010–37, effective May 1, 2010, 9 15 U.S.C. 78f. www.sec.gov, at ISE, and at the Commission’s the Exchange increased this rebate to $0.0032 per 10 15 U.S.C. 78f(b)(4). Public Reference Room.

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communications relating to the finds that the proposal is consistent Paperwork Reduction Act of 1995, proposed rule change between the with the Act because it will provide effective October 1, 1995. This notice Commission and any person, other than rebates and charge fees to non-ISE includes revisions and extensions of those that may be withheld from the member subscribers that are equivalent OMB-approved information collections public in accordance with the to those established for ISE member and a collection in use without an OMB provisions of 5 U.S.C. 552, will be subscribers in the Member Fee Filing.14 number. available for Web site viewing and ISE has requested that the SSA is soliciting comments on the printing in the Commission’s Public Commission find good cause for accuracy of the agency’s burden Reference Room, 100 F Street, NE., approving the proposed rule change estimate; the need for the information; Washington, DC 20549, on official prior to the thirtieth day after its practical utility; ways to enhance its business days between the hours of 10 publication of notice of filing thereof in quality, utility, and clarity; and ways to a.m. and 3 p.m. Copies of the filing also the Federal Register. As discussed minimize burden on respondents, will be available for inspection and above, the proposal will allow DECN to including the use of automated copying at the principal office of the pass through to non-ISE member collection techniques or other forms of ISE. All comments received will be subscribers the revised rebate and fees information technology. Mail, e-mail, or posted without change; the Commission established for ISE member subscribers fax your comments and does not edit personal identifying in the Member Fee Filing, resulting in recommendations on the information information from submissions. You equivalent rebates and fees for ISE collection(s) to the OMB Desk Officer should submit only information that member and non-member subscribers. and SSA Reports Clearance Director to you wish to make available publicly. All In addition, because the proposal will the following addresses or fax numbers. submissions should refer to File apply the revised rebates and fees (OMB), Office of Management and Number SR–ISE–2010–38 and should be retroactively to May 1, 2010, the revised Budget, Attn: Desk Officer for SSA, submitted on or before June 3, 2010. rebates and fees will have the same Fax: 202–395–6974, E-mail address: effective date, thereby promoting IV. Commission’s Findings and Order [email protected]. consistency in the DECN’s fee schedule. Granting Accelerated Approval of (SSA), Social Security Administration, Proposed Rule Change Accordingly, the Commission finds good cause, pursuant to Section 19(b)(2) DCBFM, Attn: Director, Center for The Commission finds that the of the Act, for approving the proposed Reports Clearance, 1333 Annex proposed rule change is consistent with rule change prior to the thirtieth day Building, 6401 Security Blvd., the requirements of the Act and the after the date of publication of notice of Baltimore, MD 21235, Fax: 410–965– rules and regulations thereunder filing thereof in the Federal Register. 0454, E-mail address: applicable to a national securities [email protected]. 12 V. Conclusion exchange. Specifically, the I. The information collections below Commission finds that the proposed It is therefore ordered, pursuant to are pending at SSA. SSA will submit rule change is consistent with Section Section 19(b)(2) of the Act,15 that the 13 them to OMB within 60 days from the 6(b)(4) of the Act, which requires that proposed rule change (SR–ISE–2010–38) date of this notice. To be sure we the rules of a national securities be, and hereby is, approved on an consider your comments, we must exchange provide for the equitable accelerated basis. receive them no later than July 12, 2010. allocation of reasonable dues, fees, and Individuals can obtain copies of the other charges among members and For the Commission, by the Division of collection instruments by calling the issuers and other persons using its Trading and Markets, pursuant to delegated authority.16 SSA Director for Reports Clearance at facilities. As described more fully above, ISE Florence E. Harmon, 410–965–0454 or by writing to the recently amended DECN’s fee schedule Deputy Secretary. above e-mail address. for ISE Members pursuant to SR–ISE– [FR Doc. 2010–11398 Filed 5–12–10; 8:45 am] 1. Request to Be Selected as a Payee— 2010–37 (the ‘‘Member Fee Filing’’). The BILLING CODE 8010–01–P 20 CFR 404.2010–404.2055, 416.601– fee changes made pursuant to the 416.665—0960–0014. An individual Member Fee Filing became operative on applying to be a representative payee for May 1, 2010. DECN receives rebates and SOCIAL SECURITY ADMINISTRATION a Social Security or Supplemental is charged fees for transactions it Security Income (SSI) recipient executes on EGDX or EDGA in its Agency Information Collection completes Form SSA–11–BK. SSA capacity as an introducing broker for its Activities: Proposed Request and obtains information from applicant non-ISE member subscribers. The Comment Request payees regarding their relationship to current proposal, which will apply the beneficiary, personal qualifications, The Social Security Administration retroactively to May 1, 2010, will allow concern for the beneficiary’s well-being, (SSA) publishes a list of information DECN to pass through the revised and intended use of benefits if collection packages requiring clearance rebates and fees to the non-ISE member appointed as payee. by the Office of Management and subscribers for which it acts an The respondents are individuals, Budget (OMB) in compliance with introducing broker. The Commission private sector businesses and Public Law (Pub. L.) 104–13, the institutions, and state and local 12 In approving this proposal, the Commission has government institutions and agencies. considered its impact on efficiency, competition, 14 Id. and capital formation. 15 U.S.C 78c(f). 15 15 U.S.C. 78s(b)(2). Type of Request: Revision of an OMB- 13 15 U.S.C. 78f(b)(4). 16 17 CFR 200.30–3(a)(12). approved information collection.

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Average Number of Frequency of burden per Estimated Collection method respondents response response annual burden (minutes) (hours)

Individuals/Households

Representative Payee System (RPS) ...... 135,000 1 10.5 23,625 RPS/Signature Proxy ...... 765,000 1 9.5 121,125 Paper Version ...... 450,000 1 10.5 78,750

Totals ...... 1,350,000 ...... 223,500

Private Sector

RPS ...... 13,500 1 10.5 2,363 RPS/Signature Proxy ...... 76,500 1 9.5 12,113 Paper Version ...... 45,000 1 10.5 7,875

Totals ...... 135,000 ...... 22,351

State/Local/Tribal Government

RPS ...... 1,500 1 10.5 263 RPS/Signature Proxy ...... 8,500 1 9.5 1,346 Paper Version ...... 5,000 1 10.5 875

Totals ...... 15,000 ...... 2,484

Grand Total: ...... 1,500,000 ...... 248,335

2. Representative Payee Evaluation right to appear in person (or through a denying requests for changes and for Report—20 CFR 404.2065 & 416.665— representative) and present evidence rescheduling disability hearings. 0960–0069. Sections 205(j) and about their claims at a hearing before an Respondents are claimants or their 1631(a)(2) of the Social Security Act Administrative Law Judge (ALJ). If representative who wish to request a provide that SSA may appoint a claimants wish to waive this right to change in the time and/or place of their representative payee to receive Title II appear before an ALJ, they must hearing. benefits and/or Title XVI payments on complete a written request. The Type of Request: Revision of an OMB- behalf of individuals unable to manage applicants may use SSA Form HA–4608 approved information collection. those funds themselves. SSA requires for this purpose. The ALJ uses the Number of Respondents: 7,483. the appointed representative payee to information to document an Frequency of Response: 1. report once per year on how he or she individual’s claim to show that an oral Average Burden per Response: 8 used or conserved those funds. When a hearing is not preferred in the appellate minutes. representative payee fails to adequately process. Estimated Annual Burden: 998 hours. report to SSA, SSA conducts a face-to- Respondents are claimants or their 5. Agency/Employer Government face interview with the payee and representatives for Title II benefits and/ Pension Offset Questionnaire—20 CFR completes Form SSA–624, or Title XVI payments who request to 404.408(a)—0960–0470. When an Representative Payee Evaluation Report, waive their right to appear in person individual is concurrently receiving to determine the continued suitability of before an ALJ. Social Security spousal or surviving the representative payee to serve as a Type of Request: Revision of an spousal benefits and a Government payee. The respondents are individuals approved-OMB information collection. pension, the individual may have the or organizations serving as Number of Respondents: 12,000. amount of Social Security benefits representative payees for individuals Frequency of Response: 1. reduced by the Government pension receiving Title II benefits and/or Title Average Burden per Response: 2 amount. This is the Government XVI payments, and who fail to comply minutes. Pension Offset (GPO). SSA uses Form with SSA’s statutory annual reporting Estimated Annual Burden: 400 hours. SSA–L4163 to collect accurate pension 4. Request for Change in Time/Place requirement. information from the Federal or state Type of Request: Revision of an OMB- of Disability Hearing—20 CFR government agency paying the pension approved information collection. 404.914(c)(2) and 416.1414(c)(2)—0960– for purposes of applying the pension Number of Respondents: 266,000. 0348. At the request of the claimant or offset provision. The form is used only Frequency of Response: 1. their representative, SSA schedules when: (1) The claimant does not have Average Burden per Response: 30 evidentiary hearings at the the information; and (2) the pension- minutes. reconsideration level for claimants of paying agency has not cooperated with Estimated Annual Burden: 133,000 Title II benefits and/or Title XVI the claimant. Respondents are state hours. payments when we deny their claims government agencies that have 3. Waiver of Your Right to Personal for disability. When claimants or their information SSA needs to determine if Appearance before an Administrative representatives find they are unable to the GPO applies and the amount of Law Judge—20 CFR 404.948(b)(l)(i) and attend the hearing, they complete Form offset. 416.1448(b)(l)(i)—0960–0284. SSA–769 to request a change in time or Type of Request: Revision of an OMB- Applicants for Social Security benefits place of the hearing. SSA uses the approved information collection. and SSI payments have the statutory information as a basis for granting or Number of Respondents: 1,000.

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Frequency of Response: 1. Type of Request: Revision of an OMB- employer) to obtain the correct name Average Burden per Response: 3 approved information collection. and Social Security number (SSN). If the minutes. Number of Respondents: 2000. respondent furnishes the name and SSN Frequency of Response: 1. information that agrees with SSA’s Estimated Annual Burden: 50 hours. Average Burden per Response: 5 records, or provides information that 6. Child Care Dropout minutes. resolves the discrepancy, SSA adds the Questionnaire—20 CFR 404.211(e)(4)— Estimated Annual Burden: 167 hours. reported earnings to the respondent’s 0960–0474. The Social Security Act and 7. Requests for Self-Employment Social Security record. While SSA does SSA’s regulations permit the exclusion, Information, Employee Information, not require respondents to provide the from a disability computation period, of Employer Information—20 CFR information to keep a benefit, if they do the years an individual was caring for 422.120—0960–0508. SSA collects not furnish the missing or corrected his or her (or the spouse’s) child under information on Forms SSA–L2765, information, we cannot credit the wages age 3 if he or she had no earnings in the SSA–L3365, and SSA–L4002 to credit or self-employment income to the benefit computation years. We call this the reported earnings to the proper proper earnings record. The respondents the child-care dropout exclusion. earnings record. When SSA cannot are self-employed individuals and SSA uses the information from Form identify Form W–2 wage data for an employees whose name and SSN SSA–4162 to determine if an individual individual, we place the data in the information do not agree with SSA’s qualifies for this exclusion. Respondents earnings suspense file and send one of records and their employers. are applicants for Title II disability the forms cited above to the employee Type of Request: Revision of an OMB- benefits. (and in certain instances to the approved information collection.

Average Estimated Number of Frequency of burden per annual burden Collection method respondents response response (minutes) (hours)

SSA–L2765 ...... 7,870 1 10 1,312 SSA–L3365 ...... 158,334 1 10 26,389 SSA–L4002 ...... 218,891 1 10 36,482

Totals ...... 385,095 ...... 64,183

8. Appointment of Representative—20 Birthday (SSA–3377), Age 6 to 12th Type of Request: Extension of an CFR 404.1707, 404.1720, 404.1725, Birthday (SSA–3378), and Age 12 to OMB-approved information collection. 410.684 and 416.1507—0960–0527. 18th Birthday (SSA–3379)—20 CFR Number of Respondents: 500,000. Persons claiming rights or benefits 416.912—0960–0542. Forms SSA–3375– Frequency of Response: 1. under the Social Security Act must BK through SSA–3379–BK request Average Burden per Response: 20 notify SSA in writing when they information from the child’s parent minutes. about the child’s day-to-day appoint an individual to represent them Estimated Annual Burden: 166,667 functioning. The five different versions in dealings with SSA. SSA uses the hours. information collected on Form SSA– of the form contain questions about 10. Disability Report–Child—20 CFR 1696–U4 to verify the appointment of a functioning appropriate to a particular 416.912—0960–0577—When claimants representative. It also allows SSA to age group; thus, respondents use only file a claim for childhood disability inform the representative of items that one version for each child. benefits under the SSI program, they affect the recipient’s claim, and allows The adjudicative team (disability must furnish medical and other the claimant to give permission to his or examiners and medical/psychological evidence to prove they are disabled. her appointed representative to consultants) of state Disability Form SSA–3820 collects various types designate a person to copy claims files. Determination Services (DDS) offices of information about a child’s condition Respondents are applicant/recipients of collect the information on the from treating sources and/or other Social Security benefits who notify SSA appropriate version of this form (in medical sources of evidence. The DDS they have appointed a person to conjunction with medical and other evaluators use the information to represent them in their dealings with evidence) to form a complete picture of develop medical and school evidence SSA. the child’s ability to function and his or Number of Respondents: 551,520. her impairment-related limitations. The and to assess the alleged disability. The Frequency of Response: 1. adjudicative team uses the completed information, together with medical Average Burden per Response: 10 profile to determine whether the child’s evidence, forms the evidentiary basis minutes. impairment(s) results in marked and upon which SSA makes its initial Estimated Annual Burden: 91,920 severe functional limitations and disability evaluation. The respondents hours. whether the child is disabled. The are claimants seeking SSI childhood 9. Function Report—Child: Birth to respondents are parents and/or disability payments. 1st Birthday (SSA–3375), Age 1 to 3rd guardians of child applicants for SSI Type of Request: Revision of an OMB- Birthday (SSA 3376), Age 3 to 6th payments. approved information collection.

Average Number of Frequency of burden Estimated Collection method respondents response per response annual burden (minutes) (hours)

SSA–3820 (Paper Form) ...... 500 1 60 500

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Average Number of Frequency of burden Estimated Collection method respondents response per response annual burden (minutes) (hours)

Electronic Disability Collection System (EDCS) ...... 422,000 1 34 239,133 i3820 (Internet) ...... 93,293 1 120 186,586

Totals ...... 515,793 ...... 426,219

11. eData Registration—20 CFR disability processing and benefit new password and conducts a 401.45—0960–0757—The eData determination or termination. A sponsor walkthrough of the eData Web site as Services Web site allows various within SSA who knows the requestor necessary. The organization can also external organizations to submit files to completes the registration form, SSA– modify its online account (e.g., address a variety of SSA systems and in some 118, and submits the information to change) by completing an online Form cases receive return files. The users SSA’s User Interface Team (UIT). SSA SSA–119 (Government-to-Government include state/local government agencies, uses the information on Form SSA–118 Service Online Web site Account other Federal agencies, and some (Government-to-Government Services Modification/Deletion Form). private sector business entities. The Online Web site Registration Form) to SSA systems that process data maintain the identity of the requestor Type of Request: Revision of an OMB- transferred via eData include, but are within eData. Once this is completed, approved information collection. not limited to, systems responsible for SSA provides the requestor with the

Average Number of Frequency of burden per Estimated Collection method respondents response response annual burden (minutes) (hours)

SSA–118 ...... 925 1 15 231 SSA–119 ...... 2,500 1 15 625

Totals ...... 3,425 ...... 856

12. Technical Updates to 202(q) of the Social Security Act clearance. Your comments on the Applicability of the Supplemental provides for the authority to reduce information collections would be most Security Income (SSI) Reduced Benefit benefits under certain conditions when useful if OMB and SSA receive them Rate for Individuals Residing in Medical elected by a Title II beneficiary. within 30 days from the date of this Treatment Facilities—20 CFR However, reduced benefits are not publication. To be sure we consider 404.708(k)—0960–0758. Section payable to an already entitled spouse (or your comments, we must receive them 1611(e)(1)(A) of the Social Security Act divorced spouse) who: no later than June 14, 2010. You can states that no resident of a public • Is at least age 62 and under full obtain a copy of the OMB clearance institution is eligible for SSI benefits. retirement age in the month of the packages by calling the SSA Director for However, Sections 1611(e)(1)(B) and (G) number holder’s death; and Reports Clearance at 410–965–0454 or • list certain exceptions to this provision Is receiving reduced spouse’s (or by writing to the above e-mail address. that make it necessary for SSA to collect divorced spouse’s) benefits and either 1. Certificate of Responsibility for information about any SSI recipient retirement or disability benefits in the Welfare and Care of Child Not in who enters or leaves a medical month before the month of the number Applicant’s Custody—20 CFR 404.330, treatment facility or other public or holder’s death. 404.339–341 and 404.348–404.349— private institution. SSA’s regulation, 20 To elect reduced widow(er) benefits, 0960–0019. SSA uses information from CFR 404.708(k), establishes the a recipient completes Form SSA–4111. Form SSA–781 to determine if non- reporting guidelines that implement this SSA uses the information collected on custodial parents who are filing for legislative requirement. SSA uses the Form SSA–4111 to pay a qualified spouse’s or mother’s and father’s information to determine eligibility for dually entitled widow(er) (or surviving benefits based on having a child in their SSI and the payment amount. The divorced spouse) who elects to receive care meet the in-care requirements. respondents are SSI recipients who a reduced widow(er) benefit. The Respondents are applicants for Title II enter or leave an institution. respondents are qualified dually spouse’s and/or mother’s and father’s entitled widow(er)s (or surviving Type of Request: Revision of an OMB- benefits. divorced spouse) who elect to receive a approved information collection. Type of Request: Revision of an OMB- reduced widow(er) benefit. Number of Respondents: 34,200. approved information collection. Type of Request: Extension of an Frequency of Response: 1. OMB-approved information collection. Number of Respondents: 14,000. Average Burden per Response: 7 Number of Respondents: 24,000. Frequency of Response: 1. minutes. Frequency of Response: 1. Average Burden per Response: 10 Estimated Annual Burden: 3,990 Average Burden per Response: 15 minutes. hours. minutes. Estimated Annual Burden: 2,333 13. Statement for Certificate of Estimated Annual Burden: 6,000 hours. Election for Reduced Widower(er)’s and hours. 2. Disability Report-Appeal—20 CFR Surviving Divorced Spouse’s Benefits— II. SSA has submitted the information 404.1512, 416.912, 404.916(c), 20 CFR 404.335—0960–0759. Section collections listed below to OMB for 416.1416(c), 405 Subpart C, 422.140—

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0960–0144. SSA requires disability review an initial disability Respondents are individuals who claimants who are appealing an determination; (2) review a continuing appeal a denial, reduction, or cessation unfavorable disability determination to disability; and (3) evaluate a request for of Social Security disability income and complete Form SSA–3441–BK. This a hearing. This information assists the SSI payments, or who are requesting a form allows claimants to disclose any DDS offices and ALJs in: (1) Preparing hearing before an ALJ. changes to their disability or resources for the appeals and hearings; and (2) Type of Request: Revision of an OMB- that might influence SSA’s unfavorable issuing a determination or decision on approved information collection. determination. SSA may use the an individual’s entitlement (initial or information to: (1) Reconsider and continuing) to disability benefits.

Average Number of Frequency of burden per Estimated Collection method respondents response response annual burden (minutes) (hours)

SSA–3441 (Paper Form) ...... 12,604 1 45 9,453 Electronic Disability Collect System (EDCS) ...... 843,090 1 45 632,318 I3441 (Internet Form) ...... 417,268 1 120 834,536

Totals ...... 1,272,962 ...... 1,476,307

3. Request for Hearing by 4. Information about Joint Checking/ 5. SSI Monthly Wage Reporting Administrative Law Judge—20 CFR Savings Accounts—20 CFR 416.120, (Telephone)—20 CFR 416.701–732— 404.929, 404.933, 416.1429, 404.1433, 416.1208—0960–0461. SSA considers a 0960–0715. SSA requires SSI recipients 405.722, 418.1350—0960–0269. When person’s resources when evaluating to report changes that could affect their SSA denies applicants’ or beneficiaries’ eligibility for SSI payments. Generally, eligibility for and the amount of their requests for new or continuing benefits, we consider funds in checking and SSI payments, such as changes in those applicants/beneficiaries are savings accounts to be resources owned income, resources, and living entitled to request a hearing to appeal by the individuals whose names appear arrangements. The SSITWR, formerly the decision. SSA uses Form HA–501 to on the account. Individuals applying for the Statement for SSI Monthly Wage document such requests. Although SSA SSI, however, may rebut this Reporting (Telephone), enables SSI collects this information, actual assumption of ownership in a joint recipients to meet these requirements by hearings take place before ALJs account if they submit certain evidence providing them with a fully automated employed by the Department of Health that establishes the funds do not belong and Human Services (HHS). The to them. SSA uses Form SSA–2574 to mechanism to report their monthly respondents are: (1) Applicants for or collect information from SSI applicants/ wages by telephone, instead of current recipients of various Social recipients who object to the assumption contacting their local field offices. The Security benefits who want to appeal that they own all or part of the funds in SSITWR allows callers to report their SSA’s denial of their requests for new or a joint checking or savings account wages by speaking their responses continued benefits; and (2) Medicare bearing their names. SSA collects through voice recognition technology or Part B recipients who must pay the information about the account from both by keying in responses using the Medicare Part B Income-Related the SSI applicant/recipient and other telephone key pad. To ensure the Monthly Adjustment Amount and want account holder(s). After receiving the security of the information provided, to appeal SSA’s decision at a hearing completed form, SSA determines if we SSITWR asks callers to provide before an HHS ALJ. should consider the account to be a information SSA can compare against Note: This is a correction notice. SSA resource for the SSI applicant/recipient. our records for authentication purposes. published this information collection as an The respondents are applicants and Once the system authenticates the extension on March 4, 2010 at 75 FR 9992. recipients of SSI and individuals who identity of the callers, the callers can Since we are revising the Privacy Act list themselves as joint owners of speak or key in their wage data. The Statement, this is now a revision of an OMB- financial accounts with SSI applicants/ approved information collection. respondents are SSI recipients, deemors, recipients. and representative payees of recipients. Type of Request: Revision of an OMB- Type of Request: Revision of an OMB- approved information collection. approved information collection. Note: This is a correction notice: SSA Number of Respondents: 669,469. Number of Respondents: 200,000. published the incorrect burden information Frequency of Response: 1. Frequency of Response: 1. for this collection at 75 FR 9992, on March Average Burden per Response: 10 Average Burden per Response: 7 4, 2010. We are correcting this error here. minutes. minutes. Estimated Annual Burden: 111,578 Estimated Annual Burden: 23,333 Type of Request: Revision of an OMB- hours. hours. approved information collection.

Estimated Frequency of Number of completion Burden Collection method reporting respondents time (hours) (minutes)

Training/Instruction ...... 1 85,000 35 49,583 SSITWR ...... 12 85,000 5 85,000

Total ...... * 85,000 ...... 134,583

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Note:* The same 85,000 respondents are DEPARTMENT OF STATE the world.’’ The funding authority for completing both activities, so the actual total the program above is provided through [Public Notice 7001] number of respondents is only 85,000. legislation. 6. Treating Physician Consultative Bureau of Educational and Cultural Purpose Affairs (ECA) Request for Grant Examination Interest Form—20 CFR The Muskie Program is designed to Proposals: Edmund S. Muskie 404.1519g–i—0960–0751. When an promote mutual understanding, build Graduate Fellowship Program applicant for Social Security disability democracy and foster the transition to benefits has not consulted a physician Announcement Type: New market economies in Eurasia through for a specified period preceding the Cooperative Agreement. intensive academic study and application, SSA will ask the applicant Funding Opportunity Number: ECA/ professional training. The academic to complete a consultative examination A/E/EUR 11–01. component of the program will begin in (CE). If the applicant has a treating Catalog of Federal Domestic Assistance the fall semester of academic year 2011– physician (TP), SSA sends a medical Number: 19.011 2012. Fellows may participate in a nine, twelve, eighteen, or twenty-four month evidence of record request letter and Key Dates: Form SSA–84 to the applicant’s TP; the Application Deadline: June 23, 2010. academic program leading to a Master’s TP completes the SSA–84 and returns it Executive Summary: degree. Fellows also take part in an to SSA to indicate interest in The Muskie Program selects eight to twelve week internship during the summer following the first academic conducting the CE. If the TP does not outstanding citizens from Armenia, Azerbaijan, Belarus, Georgia, year, with an option for a second return the SSA–84, SSA assumes the TP internship following the second year of is not interested in performing the CE. Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Uzbekistan, Tajikistan study. At the end of their designated Respondents are disability benefit academic and/or internship programs, applicants’ treating physicians. and Turkmenistan (herein referred to as Eurasia) to receive fellowships for fellows are required to return Type of Request: Revision of an OMB- Master’s level study in the United States immediately to their home countries. approved information collection. in the fields of business administration, Applicant organizations must demonstrate the ability to administer all Number of Respondents: 168. economics, law, public administration, aspects of the Muskie Program— Frequency of Response: 1. and public policy. Candidates from countries other than Russia and Ukraine recruitment, selection, university Average Burden per Response: 5 will be also considered in additional placements, orientation, monitoring and minutes. fields of education, environmental support of FY 2011 fellows including all logistics, financial management, Estimated Annual Burden: 14 hours. management, international affairs, library and information science, evaluation, follow-on, and alumni. 7. Claimant Travel Reimbursement Applicant organizations must Request—20 CFR 404.999a–d—0960– journalism/mass communications, and public health per guidelines outlined in demonstrate the ability to recruit and 0752. SSA sends Form SSA–104 to the Project Objectives, Goals, and select a diverse pool of candidates from Social Security benefits recipients with Implementation (POGI) document. various geographic regions in Eurasia. a CE appointment notice. To receive Muskie Program fellows will be enrolled The cooperating organization will serve reimbursement for their travel expenses in graduate degree, certificate, and non- as the principal liaison with Muskie to the CE, recipients must: (1) Submit an degree programs lasting one to two Program host institutions for the itemized list of expenditures for their academic years. Funding should Bureau. Further details on specific trip; and (2) complete, sign, and return support a minimum of 140 fellows for program responsibilities can be found in the SSA–104 to SSA. SSA collects this Master’s level fellowships under the FY the Project Objectives, Goals, and information to determine eligibility for 2011 program. Every effort should be Implementation (POGI), which is part of and the amount of reimbursement. made to maximize the number of the formal solicitation package. Respondents are applicants for awards granted. Interested organizations should read the disability claims applying for entire Federal Register announcement I. Funding Opportunity Description reimbursement of travel expenses to a for all information prior to preparing CE. Authority proposals. The Bureau will award one Type of Request: Revision of an OMB- Overall grant making authority for cooperative agreement for this program. approved information collection. this program is contained in the Mutual Should an applicant organization wish Number of Respondents: 11,092. Educational and Cultural Exchange Act to work with other organizations in the of 1961, Public Law 87–256, as implementation of this program, the Frequency of Response: 1. amended, also known as the Fulbright- Bureau requests that a sub-award Average Burden per Response: 10 Hays Act. The purpose of the Act is ‘‘to agreement be developed. The same minutes. enable the Government of the United requirements apply to the sub-recipient Estimated Annual Burden: 1,849 States to increase mutual understanding as to the recipient organization. hours. between the people of the United States In a cooperative agreement, the Office and the people of other countries * * *; of Academic Exchange Programs, Dated: May 7, 2010. to strengthen the ties which unite us European and Eurasian Branch (ECA/E/ Faye I. Lipsky, with other nations by demonstrating the E/EUR) is substantially involved in Acting Center Director, Center for Reports educational and cultural interests, program activities above and beyond Clearance, Social Security Administration. developments, and achievements of the routine grant monitoring. ECA/A/E/EUR [FR Doc. 2010–11190 Filed 5–12–10; 8:45 am] people of the United States and other activities and responsibilities for this BILLING CODE 4191–02–P nations * * * and thus to assist in the program are as follows: development of friendly, sympathetic 1. Participating in the design and and peaceful relations between the direction of program activities; United States and the other countries of 2. Approval of key personnel;

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3. Approval and input for all program costs. For accountability, you must information, award criteria and budget agendas and timelines; maintain written records to support all instructions tailored to this competition. 4. Providing guidance in execution of costs which are claimed as your Please specify Micaela S. Iovine and all project components; contribution, as well as costs to be paid refer to the Funding Opportunity 5. Monitoring the target goal for by the Federal government. Such Number ECA/A/E/EUR 11–01 located at number of Participants and expenditure records are subject to audit. The basis the top of this announcement on all of funds toward meeting that goal; for determining the value of cash and other inquiries and correspondence. 6. Providing guidance on content and in-kind contributions must be in IV.2. To Download a Solicitation speakers for workshops; accordance with OMB Circular A–110, Package Via Internet: The entire 7. Assisting with SEVIS-related (Revised), Subpart C.23—Cost Sharing Solicitation Package may be issues; and Matching. In the event you do not downloaded from the Bureau’s Web site 8. Assisting with participant provide the minimum amount of cost at http://exchanges.state.gov/grants/ emergencies; sharing as stipulated in the approved open2.html, or from the Grants.gov Web 9. Providing background information budget, ECA’s contribution will be site at http://www.grants.gov. related to participants’ home countries reduced in like proportion. Please read all information before and cultures; downloading: 10. Providing liaison with Public III.3. Other Eligibility Requirements IV.3. Content and Form of Affairs Sections of the U.S. Embassies (a) Bureau grant guidelines require Submission: Applicants must follow all and country desk officers at the State that organizations with less than four instructions in the Solicitation Package. Department; years experience in conducting The application should be submitted 11. Providing ECA evaluation international exchanges be limited to per the instructions under IV.3f. mechanisms. $60,000 in Bureau funding. ECA ‘‘Application Deadline and Methods of anticipates making one award, in an Submission’’ section below. II. Award Information amount up to $8,500,000 to support IV.3a. You are required to have a Dun Type of Award: Cooperative program and administrative costs and Bradstreet Data Universal Agreement. required to implement this exchange Numbering System (DUNS) number to ECA’s level of involvement in this program. Therefore, organizations with apply for a grant or cooperative program is listed under number I above. less than four years experience in agreement from the U.S. Government. Fiscal Year Funds: 2011. conducting international exchanges are This number is a nine-digit Approximate Total Funding: ineligible to apply under this identification number, which uniquely $8,500,000. competition. The Bureau encourages identifies business entities. Obtaining a Approximate Number of Awards: 1. applicants to provide maximum levels DUNS number is easy and there is no Approximate Average Award: of cost sharing and funding in support charge. To obtain a DUNS number, $8,500,000. of its programs. access http:// Anticipated Award Date: Pending www.dunandbradstreet.com or call 1– availability of funds, October 1, 2010. IV. Application and Submission 866–705–5711. Please ensure that your Anticipated Project Completion Date: Information DUNS number is included in the December 30, 2014. appropriate box of the SF–424 which is Note: Please read the complete Additional Information: part of the formal application package. announcement before sending inquiries or IV.3b. All proposals must contain an Pending successful implementation of submitting proposals. Once the RFGP this program and the availability of deadline has passed, Bureau staff may not executive summary, proposal narrative funds in subsequent fiscal years, it is discuss this competition with applicants and budget. ECA’s intent to renew this grant or until the proposal review process has been Please Refer to the Solicitation cooperative agreement for two completed. Package. It contains the mandatory Proposal Submission Instructions (PSI) additional fiscal years, before openly IV.1 Contact Information to Request competing it again. document and the Project Objectives, an Application Package: Please contact Goals and Implementation (POGI) III. Eligibility Information the ECA/A/E/EUR, SA–5, 4th Floor, document for additional formatting and U.S. Department of State, 2200 C Street, III.1. Eligible Applicants technical requirements. NW., Washington, DC 20522–0504, tel. IV.3c. You must have nonprofit status Applications may be submitted by (202) 632–3256; fax (202) 632–9462; e- with the IRS at the time of application. public and private non-profit mail [email protected] to request a Please note: Effective January 7, 2009, organizations meeting the provisions Solicitation Package. Please refer to the all applicants for ECA federal assistance described in Internal Revenue Code Funding Opportunity Number ECA/A/ awards must include in their section 26 U.S.C. 501(c)(3). E/EUR 11–01 located at the top of this application the names of directors and/ III.2. Cost Sharing or Matching Funds: announcement when making your or senior executives (current officers, There is no minimum or maximum request. trustees, and key employees, regardless percentage required for this Alternatively, an electronic of amount of compensation). In competition. However, the Bureau application package may be obtained fulfilling this requirement, applicants encourages applicants to provide from grants.gov. Please see section IV.3f must submit information in one of the maximum levels of cost sharing and for further information. following ways: funding in support of its programs. The Solicitation Package contains the (1) Those who file Internal Revenue When cost sharing is offered, it is Proposal Submission Instruction (PSI) Service Form 990, ‘‘Return of understood and agreed that the document which consists of required Organization Exempt From Income applicant must provide the amount of application forms, and standard Tax,’’ must include a copy of relevant cost sharing as stipulated in its proposal guidelines for proposal preparation. portions of this form. and later included in an approved It also contains the Project Objectives, (2) Those who do not file IRS Form agreement. Cost sharing may be in the Goals and Implementation (POGI) 990 must submit information above in form of allowable direct or indirect document, which provides specific the format of their choice.

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As part of the final program reporting Please refer to Solicitation Package for description of your project’s objectives, requirements, award recipients will also further information: your anticipated project outcomes, and be required to submit a one-page how and when you intend to measure IV.3d.2. Diversity, Freedom and document, derived from their program these outcomes (performance Democracy Guidelines reports, listing and describing their indicators). The more that outcomes are grant activities. For award recipients, Pursuant to the Bureau’s authorizing ‘‘smart’’ (specific, measurable, attainable, the names of directors and/or senior legislation, programs must maintain a results-oriented, and placed in a executives (current officers, trustees, non-political character and should be reasonable time frame), the easier it will and key employees), as well as the one- balanced and representative of the be to conduct the evaluation. You page description of grant activities, will diversity of American political, social, should also show how your project be transmitted by the State Department and cultural life. ‘‘Diversity’’ should be objectives link to the goals of the to OMB, along with other information interpreted in the broadest sense and program described in this RFGP. required by the Federal Funding encompass differences including, but Your monitoring and evaluation plan Accountability and Transparency Act not limited to ethnicity, race, gender, should clearly distinguish between (FFATA), and will be made available to religion, geographic location, socio- program outputs and outcomes. Outputs the public by the Office of Management economic status, and disabilities. are products and services delivered, and Budget on its USASpending.gov Applicants are strongly encouraged to often stated as an amount. Output Web site as part of ECA’s FFATA adhere to the advancement of this information is important to show the reporting requirements. principle both in program scope or size of project activities, but it If your organization is a private administration and in program content. cannot substitute for information about Please refer to the review criteria under nonprofit which has not received a grant progress towards outcomes or the the ‘Support for Diversity’ section for or cooperative agreement from ECA in results achieved. Examples of outputs specific suggestions on incorporating the past three years, or if your include the number of people trained or diversity into your proposal. Public Law organization received nonprofit status the number of seminars conducted. 104–319 provides that ‘‘in carrying out from the IRS within the past four years, Outcomes, in contrast, represent programs of educational and cultural you must submit the necessary specific results a project is intended to exchange in countries whose people do documentation to verify nonprofit status achieve and is usually measured as an not fully enjoy freedom and as directed in the PSI document. Failure extent of change. Findings on outputs democracy,’’ the Bureau ‘‘shall take to do so will cause your proposal to be and outcomes should both be reported, appropriate steps to provide declared technically ineligible. but the focus should be on outcomes. opportunities for participation in such We encourage you to assess the IV.3d. Please take into consideration programs to human rights and following four levels of outcomes, as the following information when democracy leaders of such countries.’’ they relate to the program goals set out preparing your proposal narrative: Public Law 106–113 requires that the in the RFGP (listed here in increasing IV.3d.1 Adherence to All Regulations governments of the countries described order of importance): Governing the J Visa above do not have inappropriate 1. Participant satisfaction with the influence in the selection process. program and exchange experience. The Bureau of Educational and Proposals should reflect advancement of 2. Participant learning, such as Cultural Affairs places critically these goals in their program contents, to increased knowledge, aptitude, skills, important emphases on the security and the full extent deemed feasible. and changed understanding and proper administration of the Exchange attitude. Learning includes both IV.3d.3. Program Monitoring and Visitor (J visa) Programs and adherence substantive (subject-specific) learning Evaluation by award recipients and sponsors to all and mutual understanding. regulations governing the J visa. Proposals must include a plan to 3. Participant behavior, concrete Therefore, proposals should monitor and evaluate the project’s actions to apply knowledge in work or demonstrate the applicant’s capacity to success, both as the activities unfold community; greater participation and meet all requirements governing the and at the end of the program. The responsibility in civic organizations; administration of the Exchange Visitor Bureau recommends that your proposal interpretation and explanation of Programs as set forth in 22 CFR 62, include a draft survey questionnaire or experiences and new knowledge gained; including the oversight of Responsible other technique plus a description of a continued contacts between Officers and Alternate Responsible methodology to use to link outcomes to participants, community members, and Officers, screening and selection of original project objectives. The Bureau others. program participants, provision of pre- expects that the recipient organization 4. Institutional changes, such as arrival information and orientation to will track participants or partners and increased collaboration and participants, monitoring of participants, be able to respond to key evaluation partnerships, policy reforms, new proper maintenance and security of questions, including satisfaction with programming, and organizational forms, record-keeping, reporting and the program, learning as a result of the improvements. other requirements. The award recipient program, changes in behavior as a result Please note: Consideration should be given will be responsible for issuing DS–2019 of the program, and effects of the to the appropriate timing of data collection forms to participants in this program. program on institutions (institutions in for each level of outcome. For example, A copy of the complete regulations which participants work or partner satisfaction is usually captured as a short- governing the administration of institutions). The evaluation plan term outcome, whereas behavior and Exchange Visitor (J) programs is should include indicators that measure institutional changes are normally available at http://exchanges.state.gov gains in mutual understanding as well considered longer-term outcomes. or from: United States Department of as substantive knowledge. Overall, the quality of your State, Office of Exchange Coordination Successful monitoring and evaluation monitoring and evaluation plan will be and Designation, Office of Designation, depend heavily on setting clear goals judged on how well it (1) specifies ECA/EC/D, SA–5, Floor C2, Department and outcomes at the outset of a program. intended outcomes; (2) gives clear of State, Washington, DC 20522–0582. Your evaluation plan should include a descriptions of how each outcome will

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be measured; (3) identifies when (1) In hard-copy, via a nationally www.grants.gov). Complete solicitation particular outcomes will be measured; recognized overnight delivery service packages are available at Grants.gov in and (4) provides a clear description of (i.e., Federal Express, UPS, Airborne the ‘‘Find’’ portion of the system. the data collection strategies for each Express, or U.S. Postal Service Express Please Note: ECA bears no responsibility outcome (i.e., surveys, interviews, or Overnight Mail, etc.), or for applicant timeliness of submission or data focus groups). (Please note that (2) Electronically through http:// errors resulting from transmission or evaluation plans that deal only with the www.grants.gov. conversion processes for proposals submitted first level of outcomes [satisfaction] will Along with the Project Title, all via Grants.gov. be deemed less competitive under the applicants must enter the above Please follow the instructions present evaluation criteria.) Reference Number in Box 11 on the SF– available in the ‘Get Started’ portion of Recipient organizations will be 424 contained in the mandatory the site (http://www.grants.gov/ required to provide reports analyzing Proposal Submission Instructions (PSI) GetStarted). their evaluation findings to the Bureau of the solicitation document. Several of the steps in the Grants.gov in their regular program reports. All IV.3f.1 Submitting Printed Applications registration process could take several data collected, including survey weeks. Therefore, applicants should Applications must be shipped no later responses and contact information, must check with appropriate staff within their than the above deadline. Delivery be maintained for a minimum of three organizations immediately after services used by applicants must have years and provided to the Bureau upon reviewing this RFGP to confirm or in-place, centralized shipping request. determine their registration status with identification and tracking systems that IV.3e. Please take the following Grants.gov. may be accessed via the Internet and Once registered, the amount of time it information into consideration when delivery people who are identifiable by preparing your budget: can take to upload an application will commonly recognized uniforms and vary depending on a variety of factors IV.3e.1. Applicants must submit SF– delivery vehicles. Proposals shipped on 424A—‘‘Budget Information—Non- including the size of the application and or before the above deadline but the speed of your internet connection. Construction Programs’’ along with a received at ECA more than seven days comprehensive budget for the entire In addition, validation of an electronic after the deadline will be ineligible for submission via Grants.gov can take up program. Budget requests may not further consideration under this exceed $8,500,000. There must be a to two business days. competition. Proposals shipped after the Therefore, we strongly recommend summary budget as well as breakdowns established deadlines are ineligible for reflecting both administrative and that you not wait until the application consideration under this competition. deadline to begin the submission program budgets. Applicants may ECA will not notify you upon receipt of provide separate sub-budgets for each process through Grants.gov. application. It is each applicant’s The Grants.gov Web site includes program component, phase, location, or responsibility to ensure that each extensive information on all phases/ activity to provide clarification. A package is marked with a legible aspects of the Grants.gov process, comprehensive narrative must tracking number and to monitor/confirm including an extensive section on accompany the budget, clearly delivery to ECA via the Internet. frequently asked questions, located explaining all proposed costs (staff Delivery of proposal packages may not under the ‘‘For Applicants’’ section of salaries and time on task must be be made via local courier service or in the Web site. ECA strongly recommends supported by appropriate person for this competition. Faxed that all potential applicants review documentation and certified as true and documents will not be accepted at any thoroughly the Grants.gov Web site, accurate representations of actual costs time. Only proposals submitted as well in advance of submitting a and percentage of task). stated above will be considered. proposal through the Grants.gov system. The Bureau encourages applicant Important note: When preparing your ECA bears no responsibility for data organizations to provide maximum submission please make sure to include one errors resulting from transmission or levels of cost sharing and funding from extra copy of the completed SF–424 form and conversion processes. private sources in support of its place it in an envelope addressed to ‘‘ECA/ Direct all questions regarding programs. EX/PM’’. Grants.gov registration and submission IV.3e.2. Allowable costs for the The original and seven copies of the to: Grants.gov Customer Support, program include the following: application should be sent to: Program Contact Center Phone: 800–518–4726. (1) Recruitment and selection. Management Division, ECA–IIP/EX/PM, Business Hours: Monday–Friday, 7AM– (2) Participant costs, e.g. international Ref.: ECA/A/E/EUR 11–01, SA–5, Floor 9PM Eastern Time. E-mail: travel, orientations, pre-academic 4, Department of State, 2200 C Street, [email protected]. English, tuition, maintenance. NW., Washington, DC 20522–0504. Applicants have until midnight (12 (3) Domestic and overseas Applicants submitting hard-copy a.m.), Washington, DC time of the administration. applications must also submit the closing date to ensure that their entire Please refer to the Solicitation ‘‘Executive Summary’’ and ‘‘Proposal application has been uploaded to the Package for complete budget guidelines Narrative’’ sections of the proposal in Grants.gov site. There are no exceptions and formatting instructions: text (.txt) or Microsoft Word format on to the above deadline. Applications IV.3f. Application Deadline and CD–ROM. As appropriate, the Bureau uploaded to the site after midnight of Methods of Submission will provide these files electronically to the application deadline date will be Public Affairs Section(s) at the U.S. automatically rejected by the grants.gov Application Deadline Date: 6/21/ embassy(ies) for its(their) review. system, and will be technically 2010. ineligible. Reference Number: ECA/A/E/EUR 11– IV.3f.2 Submitting Electronic Please refer to the Grants.gov Web 01. Applications site, for definitions of various Methods of Submission: Applicants have the option of ‘‘application statuses’’ and the difference Applications may be submitted in one submitting proposals electronically between a submission receipt and a of two ways: through Grants.gov (http:// submission validation.

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Applicants will receive a validation e- of the Bureau’s policy on diversity. application review from the ECA mail from grants.gov upon the Achievable and relevant features should program office coordinating this successful submission of an application. be cited in both program administration competition. Again, validation of an electronic (selection of participants, program VI.2 Administrative and National submission via Grants.gov can take up venue and program evaluation) and Policy Requirements to two business days. Therefore, we program content (orientation and wrap- strongly recommend that you not wait up sessions, program meetings, resource Terms and Conditions for the until the application deadline to begin materials and follow-up activities). Administration of ECA agreements the submission process through 4. Institution’s Record/Ability: include the following: Grants.gov. ECA will not notify you Proposals should demonstrate an Office of Management and Budget upon receipt of electronic applications. institutional record of successful Circular A–122, ‘‘Cost Principles for It is the responsibility of all applicants exchange programs, including Nonprofit Organizations.’’ submitting proposals via the Grants.gov responsible fiscal management and full Office of Management and Budget web portal to ensure that proposals have compliance with all reporting Circular A–21, ‘‘Cost Principles for been received by Grants.gov in their requirements for past Bureau awards Educational Institutions.’’ entirety, and ECA bears no (grants or cooperative agreements) as OMB Circular A–87, ‘‘Cost Principles responsibility for data errors resulting determined by Bureau Grants Staff. The for State, Local and Indian from transmission or conversion Bureau will consider the past Governments’’. processes. performance of prior recipients and the OMB Circular No. A–110 (Revised), IV.3g. Intergovernmental Review of demonstrated potential of new Uniform Administrative Requirements Applications: Executive Order 12372 applicants. for Grants and Agreements with does not apply to this program. 5. Follow-on Activities: Proposals Institutions of Higher Education, should provide a plan for continued Hospitals, and other Nonprofit V. Application Review Information follow-on activity (without Bureau Organizations. V.1. Review Process support) ensuring that Bureau OMB Circular No. A–102, Uniform Administrative Requirements for The Bureau will review all proposals supported programs are not isolated events. Grants-in-Aid to State and Local for technical eligibility. Proposals will Governments. be deemed ineligible if they do not fully 6. Project Evaluation: Proposals should include a plan to evaluate the OMB Circular No. A–133, Audits of adhere to the guidelines stated herein States, Local Government, and Non- and in the Solicitation Package. All activity’s success, both as the activities unfold and at the end of the program. A profit Organizations. eligible proposals will be reviewed by Please reference the following Web the program office, as well as the Public draft survey questionnaire or other technique plus description of a sites for additional information: Diplomacy section overseas, where http://www.whitehouse.gov/omb/grants; appropriate. Eligible proposals will be methodology to use to link outcomes to original project objectives is http://fa.statebuy.state.gov. subject to compliance with Federal and VI.3. Reporting Requirements: You Bureau regulations and guidelines and recommended. 7. Cost-effectiveness: The overhead must provide ECA with a hard copy forwarded to Bureau grant panels for and administrative components of the original plus one copy of the following advisory review. Proposals may also be proposal, including salaries and reports: reviewed by the Office of the Legal (1) A final program and financial honoraria, should be kept as low as Adviser or by other Department report no more than 90 days after the possible. All other items should be elements. Final funding decisions are at expiration of the award; necessary and appropriate. the discretion of the Department of (2) A concise, one-page final program 8. Cost-sharing: Proposals should State’s Assistant Secretary for report summarizing program outcomes maximize cost-sharing through other Educational and Cultural Affairs. Final no more than 90 days after the private sector support as well as technical authority for assistance expiration of the award. This one-page institutional direct funding awards cooperative agreement resides report will be transmitted to OMB, and contributions. with the Bureau’s Grants Officer. be made available to the public via VI. Award Administration Information OMB’s USAspending.gov Web site—as Review Criteria part of ECA’s Federal Funding VI.1a. Award Notices Technically eligible applications will Accountability and Transparency Act be competitively reviewed according to Final awards cannot be made until (FFATA) reporting requirements. the criteria stated below. These criteria funds have been appropriated by (3) A SF–PPR, ‘‘Performance Progress are not rank ordered and all carry equal Congress, allocated and committed Report’’ Cover Sheet with all program weight in the proposal evaluation: through internal Bureau procedures. reports. 1. Program planning: Detailed agenda Successful applicants will receive an (4) Quarterly program and financial and relevant work plan should Federal Assistance Award (FAA) from reports which should include (1) demonstrate substantive undertakings the Bureau’s Grants Office. The FAA significant activities conducted during and logistical capacity. Agenda and plan and the original proposal with the period, as well as activities planned should adhere to the program overview subsequent modifications (if applicable) for the near future; and (2) all current and guidelines described above. shall be the only binding authorizing and cumulative expenditures. 2. Ability to achieve program document between the recipient and the (5) An SF–PPR–F, Program/Project objectives: Objectives should be U.S. Government. The FAA will be Management form with all program reasonable, feasible, and flexible. signed by an authorized Grants Officer, reports. Proposals should clearly demonstrate and mailed to the recipient’s Award recipients will be required to how the institution will meet the responsible officer identified in the provide reports analyzing their program’s objectives and plan. application. evaluation findings to the Bureau in 3. Support of Diversity: Proposals Unsuccessful applicants will receive their regular program reports. (Please should demonstrate substantive support notification of the results of the refer to IV. Application and Submission

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Instructions (IV.3.d.3) above for Program part of the Government. The Bureau Offices of the Fulbright Representatives Monitoring and Evaluation information. reserves the right to reduce, revise, or in Moscow and in Kyiv. All data collected, including survey increase proposal budgets in accordance Authority responses and contact information, must with the needs of the program and the be maintained for a minimum of three availability of funds. Awards made will Overall grant making authority for years and provided to the Bureau upon be subject to periodic reporting and this program is contained in the Mutual request. evaluation requirements per section VI.3 Educational and Cultural Exchange Act All reports must be sent to the ECA above. of 1961, Public Law 87–256, as amended, also known as the Fulbright- Grants Officer and ECA Program Officer Dated: May 3, 2010. Hays Act. The purpose of the Act is ‘‘to listed in the final assistance award Maura M. Pally, document. enable the Government of the United Acting Assistant Secretary for Educational States to increase mutual understanding VI.4. Optional Program Data and Cultural Affairs, U.S. Department of between the people of the United States State. Requirements and the people of other countries * * *; [FR Doc. 2010–11447 Filed 5–12–10; 8:45 am] Award recipients will be required to to strengthen the ties which unite us maintain specific data on program BILLING CODE 4710–05–P with other nations by demonstrating the participants and activities in an educational and cultural interests, electronically accessible database format DEPARTMENT OF STATE developments, and achievements of the that can be shared with the Bureau as people of the United States and other required. As a minimum, the data must [Public Notice 7000] nations* * * and thus to assist in the include the following: development of friendly, sympathetic (1) Name, address, contact Bureau of Educational and Cultural and peaceful relations between the information and biographic sketch of all Affairs (ECA) Request for Grant United States and the other countries of persons who travel internationally on Proposals: Offices of the Fulbright the world.’’ The funding authority for funds provided by the agreement or who Representative, Moscow and Kyiv the program above is provided through legislation. benefit from the award funding but do Announcement Type: New not travel. Cooperative Agreement. Purpose (2) Itineraries of international and Funding Opportunity Number: ECA/ domestic travel, providing dates of The Office of the Fulbright A/E/EUR–11–02. Representative, Moscow and the Office travel and cities in which any exchange Catalog of Federal Domestic experiences take place. Final schedules of the Fulbright Representative, Kyiv Assistance Number: 19.400. (Fulbright Program Offices) are for in-country and U.S. activities must Key Dates: be received by the ECA Program Officer responsible for the administration of Application Deadline: June 21, 2010. ECA’s Fulbright Program in Russia and at least three work days prior to the Executive Summary: The Office of the official opening of the activity. Ukraine. The recipient organization(s) Fulbright Representative in Moscow and will be responsible for providing VII. Agency Contacts the Office of the Fulbright support for the Fulbright Program Representative in Kyiv are responsible For questions about this Offices as needed for: for the overseas management of ECA’s announcement, contact: Micaela S. 1. Recruitment and selection of Fulbright Program in Russia and Iovine, Office of Academic Exchange Russian and Ukrainian participants; Ukraine respectively, including Programs, U.S. Department of State, 2. Placement and monitoring of U.S. recruitment of visiting students and ECA/A/E/EUR, SA–5, Fourth Floor, participants at host institutions; scholars, placement and support for ECA/A/E/EUR 11–01, 2200 C Street, 3. Medical clearance for Russian and U.S. Fulbright scholars and students NW., Washington, DC 20522–0503, tel. Ukrainian participant finalists; located in Russia and Ukraine, and (202) 632–3256; fax (202) 632–9462; 4. Pre-departure orientation for administration of alumni and other [email protected]. Russian and Ukrainian participants; activities. Please refer to http:// All correspondence with the Bureau 5. Implementation of in-country fulbright.state.gov for information about concerning this RFGP should reference orientation and a midyear enrichment the Fulbright student and scholar the above title and number ECA/A/E/ seminar for U.S. recipients; programs in Russia and Ukraine. The EUR–11–01. 6. Organization of an annual seminar recipient will be responsible for Please read the complete for U.S. community college presidents disbursing U.S. Government funds in announcement before sending inquiries and vice presidents (Russia only); support of the operations of the or submitting proposals. Once the RFGP 7. Program monitoring; Fulbright Program Offices, ensuring that 8. Program evaluation; deadline has passed, Bureau staff may the Offices remain in compliance with 9. Alumni tracking and programming. not discuss this competition with all regulations affecting Office Additionally, the recipient applicants until the proposal review operations in the complex regulatory organization(s) will be responsible for process has been completed. environments of Russia and Ukraine; serving as the fiscal disbursing agent, VIII. Other Information and implementing Fulbright program ensuring that adequate funds are made activities. It is the intent of ECA to make available to support all program Notice two awards under this competition. operations and providing administrative The terms and conditions published Applicants may submit proposals for services for management of the in this RFGP are binding and may not either one or both Fulbright Program Fulbright Program Offices, including be modified by any Bureau Offices. maintaining the legal status of both representative. Explanatory information Offices and Office staffs. While the provided by the Bureau that contradicts I. Funding Opportunity Description staffing structures of the Fulbright published language will not be binding. To administer the Fulbright Programs Program Offices are the responsibility of Issuance of the RFGP does not in Russia and Ukraine and to provide the recipient organizations, the Office constitute an award commitment on the administrative and fiscal support for the staffs are hired by, and report to the

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Public Affairs Sections (PAS) of the U.S. program and the availability of funds in IV. Application and Submission Embassies in Moscow and Kyiv and subsequent fiscal years, it is ECA’s Information ECA. intent to renew this cooperative Applicant organizations must agreement for two additional fiscal Note: Please read the complete demonstrate the ability to administer all years, before openly competing it again. announcement before sending inquiries or aspects of the Fulbright Program in submitting proposals. Once the RFGP Russia and Ukraine and demonstrate the III. Eligibility Information deadline has passed, Bureau staff may not discuss this competition with applicants ability to recruit and select a diverse III.1. Eligible Applicants until the proposal review process has been pool of candidates from various completed. geographic regions. Further details on Applications may be submitted by specific program responsibilities can be public and private non-profit IV.1 Contact Information to Request an found in the Project Objectives, Goals, organizations meeting the provisions Application Package and Implementation (POGI) document, described in Internal Revenue Code Please contact the ECA/A/E/EUR, SA– which is part of the formal solicitation section 26 USC 501(c)(3). package. 5, Fourth Floor, U.S. Department of In a cooperative agreement, the Office III.2. Cost Sharing or Matching Funds State, 2200 C Street, NW., Washington, of Academic Exchange Programs, DC 20522–0504; telephone 202–632– European and Eurasian Branch (ECA/E/ There is no minimum or maximum 3256; fax 202–632–9463 or e-mail E/EUR) is substantially involved in percentage required for this [email protected] to request a program activities above and beyond competition. However, the Bureau Solicitation Package. Please refer to the routine grant monitoring. ECA/A/E/EUR encourages applicants to provide Funding Opportunity Number (ECA/A/ activities and responsibilities for this maximum levels of cost sharing and E/EUR–11–02) located at the top of this program are as follows: funding in support of its programs. announcement when making your 1. Participating in the design and When cost sharing is offered, it is request. Alternatively, an electronic application package may be obtained direction of program activities; understood and agreed that the from grants.gov. Please see section IV.3f 2. Approval of key personnel; applicant must provide the amount of for further information. 3. Approval and input for all program cost sharing as stipulated in its proposal agendas and timelines; The Solicitation Package contains the 4. Providing guidance in execution of and later included in an approved Proposal Submission Instruction (PSI) all project components; agreement. Cost sharing may be in the document which consists of required 5. Monitoring the target goal for form of allowable direct or indirect application forms, and standard number of participants and expenditure costs. For accountability, you must guidelines for proposal preparation. It of funds toward meeting that goal; maintain written records to support all also contains the Project Objectives, 6. Providing guidance on content and costs which are claimed as your Goals and Implementation (POGI) speakers for workshops; contribution, as well as costs to be paid document, which provides specific 7. Assisting with SEVIS-related by the Federal government. Such information, award criteria and budget issues; records are subject to audit. The basis instructions tailored to this competition. 8. Assistance with participant for determining the value of cash and Please specify Micaela S. Iovine and emergencies; in-kind contributions must be in refer to the Funding Opportunity 9. Providing background information accordance with OMB Circular A–110, Number (ECA/A/E/EUR 11–02) located related to participants’ home countries (Revised), Subpart C.23—Cost Sharing at the top of this announcement on all and cultures; other inquiries and correspondence. 10. Providing liaison with Public and Matching. In the event you do not Affairs Sections of the U.S. Embassies provide the minimum amount of cost IV.2. To Download a Solicitation and country desk officers at the State sharing as stipulated in the approved Package Via Internet Department; budget, ECA’s contribution will be reduced in like proportion. The entire Solicitation Package may 11. Providing ECA evaluation be downloaded from the Bureau’s Web mechanisms. III.3. Other Eligibility Requirements site at http://exchanges.state.gov/grants/ II. Award Information open2.html, or from the Grants.gov Web (a) Bureau grant guidelines require Type of Award: Cooperative site at http://www.grants.gov. that organizations with less than four Please read all information before Agreement. years experience in conducting Fiscal Year Funds: FY2011. downloading: international exchanges be limited to Approximate Total Funding: IV.3. Content and Form of Submission $1,201,850 (Office of the Fulbright $60,000 in Bureau funding. ECA Representative, Moscow); $625,195 anticipates awarding two cooperative Applicants must follow all (Office of the Fulbright Representative, agreements in the amounts up to instructions in the Solicitation Package. Kyiv). $1,201,850 (Office of the Fulbright The application should be submitted Approximate Number of Awards: 2. Representative in Moscow) and per the instructions under IV.3f. Approximate Average Award: $625,195, to support program and ‘‘Application Deadline and Methods of $1,201,850 (Office of the Fulbright administrative costs required to Submission’’ section below. Representative, Moscow); $625,195 implement this exchange program. IV.3a. You are required to have a Dun (Office of the Fulbright Representative, Therefore, organizations with less than and Bradstreet Data Universal Kyiv). four years experience in conducting Numbering System (DUNS) number to Anticipated Award Date: Pending international exchanges are ineligible to apply for a grant or cooperative agreement from the U.S. Government. availability of funds, October 1, 2011. apply under this competition. The This number is a nine-digit Anticipated Project Completion Date: Bureau encourages applicants to December 31, 2012. identification number, which uniquely provide maximum levels of cost sharing Additional Information: Pending identifies business entities. Obtaining a successful implementation of this and funding in support of its programs. DUNS number is easy and there is no

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charge. To obtain a DUNS number, IV.3d. Please take into consideration democracy,’’ the Bureau ‘‘shall take access http:// the following information when appropriate steps to provide www.dunandbradstreet.com or call 1– preparing your proposal narrative: opportunities for participation in such 866–705–5711. Please ensure that your programs to human rights and IV.3d.1 Adherence to all Regulations democracy leaders of such countries.’’ DUNS number is included in the Governing the J Visa appropriate box of the SF–424 which is Public Law 106-113 requires that the part of the formal application package. The Bureau of Educational and governments of the countries described IV.3b. All proposals must contain an Cultural Affairs places critically above do not have inappropriate executive summary, proposal narrative important emphases on the security and influence in the selection process. and budget. proper administration of the Exchange Proposals should reflect advancement of Visitor (J visa) Programs and adherence these goals in their program contents, to Please Refer to the Solicitation by award recipients and sponsors to all the full extent deemed feasible. Package. It contains the mandatory regulations governing the J visa. Proposal Submission Instructions (PSI) Therefore, proposals should IV.3d.3. Program Monitoring and document and the Project Objectives, demonstrate the applicant’s capacity to Evaluation Goals and Implementation (POGI) meet all requirements governing the Proposals must include a plan to document for additional formatting and administration of the Exchange Visitor monitor and evaluate the project’s technical requirements. Programs as set forth in 22 CFR 62, success, both as the activities unfold IV.3c. You must have nonprofit status including the oversight of Responsible and at the end of the program. The with the IRS at the time of application. Officers and Alternate Responsible Bureau recommends that your proposal Please note: Effective January 7, 2009, Officers, screening and selection of include a draft survey questionnaire or all applicants for ECA federal assistance program participants, provision of pre- other technique plus a description of a awards must include in their arrival information and orientation to methodology to use to link outcomes to application the names of directors and/ participants, monitoring of participants, original project objectives. The Bureau or senior executives (current officers, proper maintenance and security of expects that the recipient organization trustees, and key employees, regardless forms, record-keeping, reporting and will track participants or partners and of amount of compensation). In other requirements. be able to respond to key evaluation fulfilling this requirement, applicants The U.S.-based organization questions, including satisfaction with must submit information in one of the responsible for the administration of the the program, learning as a result of the following ways: Fulbright Program in the United States program, changes in behavior as a result (1) Those who file Internal Revenue will be responsible for issuing DS–2019 of the program, and effects of the Service Form 990, ‘‘Return of forms to participants in this program. program on institutions (institutions in Organization Exempt From Income A copy of the complete regulations which participants work or partner Tax,’’ must include a copy of relevant governing the administration of institutions). The evaluation plan portions of this form. Exchange Visitor (J) programs is should include indicators that measure (2) Those who do not file IRS Form available at http://exchanges.state.gov gains in mutual understanding as well 990 must submit information above in or from: United States Department of as substantive knowledge. Successful monitoring and evaluation the format of their choice. State, Office of Exchange Coordination and Designation, Office of Designation, depend heavily on setting clear goals In addition to final program reporting ECA/EC/D, SA–5, Floor C2, Department and outcomes at the outset of a program. requirements, award recipients will also of State, Washington, DC 20522–0582. Your evaluation plan should include a be required to submit a one-page Please refer to Solicitation Package for description of your project’s objectives, document, derived from their program further information. your anticipated project outcomes, and reports, listing and describing their how and when you intend to measure grant activities. For award recipients, IV.3d.2 Diversity, Freedom and these outcomes (performance the names of directors and/or senior Democracy Guidelines indicators). The more that outcomes are executives (current officers, trustees, Pursuant to the Bureau’s authorizing ‘‘smart’’ (specific, measurable, attainable, and key employees), as well as the one- legislation, programs must maintain a results-oriented, and placed in a page description of grant activities, will non-political character and should be reasonable time frame), the easier it will be transmitted by the State Department balanced and representative of the be to conduct the evaluation. You to OMB, along with other information diversity of American political, social, should also show how your project required by the Federal Funding and cultural life. ‘‘Diversity’’ should be objectives link to the goals of the Accountability and Transparency Act interpreted in the broadest sense and program described in this RFGP. (FFATA), and will be made available to encompass differences including, but Your monitoring and evaluation plan the public by the Office of Management not limited to ethnicity, race, gender, should clearly distinguish between and Budget on its USASpending.gov religion, geographic location, socio- program outputs and outcomes. Outputs Web site as part of ECA’s FFATA economic status, and disabilities. are products and services delivered, reporting requirements. Applicants are strongly encouraged to often stated as an amount. Output If your organization is a private adhere to the advancement of this information is important to show the nonprofit which has not received a grant principle both in program scope or size of project activities, but it or cooperative agreement from ECA in administration and in program content. cannot substitute for information about the past three years, or if your Please refer to the review criteria under progress towards outcomes or the organization received nonprofit status the ’Support for Diversity’ section for results achieved. Examples of outputs from the IRS within the past four years, specific suggestions on incorporating include the number of people trained or you must submit the necessary diversity into your proposal. Public Law the number of seminars conducted. documentation to verify nonprofit status 104–319 provides that ‘‘in carrying out Outcomes, in contrast, represent as directed in the PSI document. Failure programs of educational and cultural specific results a project is intended to to do so will cause your proposal to be exchange in countries whose people do achieve and is usually measured as an declared technically ineligible. not fully enjoy freedom and extent of change. Findings on outputs

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and outcomes should both be reported, Fulbright Program Representative, ECA will not notify you upon receipt of but the focus should be on outcomes. Moscow) or $625,195 (Office of the application. It is each applicant’s We encourage you to assess the Fulbright Representative, Kyiv). There responsibility to ensure that each following four levels of outcomes, as must be a summary budget as well as package is marked with a legible they relate to the program goals set out breakdowns reflecting both tracking number and to monitor/confirm in the RFGP (listed here in increasing administrative and program budgets. delivery to ECA via the Internet. order of importance): Applicants may provide separate sub- Delivery of proposal packages may not 1. Participant satisfaction with the budgets for each program component, be made via local courier service or in program and exchange experience. phase, location, or activity to provide person for this competition. Faxed 2. Participant learning, such as clarification. The budget must include documents will not be accepted at any increased knowledge, aptitude, skills, all costs and indicate the percentage of time. Only proposals submitted as and changed understanding and time required for each activity for all stated above will be considered. attitude. Learning includes both program staff, charged to each specific Important Note: When preparing your substantive (subject-specific) learning project. The budget should also include submission please make sure to include one and mutual understanding. any cost sharing in the form of extra copy of the completed SF–424 form and 3. Participant behavior, concrete allowable direct or indirect costs or in- place it in an envelope addressed to ‘‘ECA/ actions to apply knowledge in work or kind or cash contributions. The total of EX/PM’’. community; greater participation and any administrative charges of the The original and 7 (seven) copies of responsibility in civic organizations; recipient organization(s), including the application should be sent to: interpretation and explanation of indirect costs or fees, should not exceed Program Management Division: ECA– experiences and new knowledge gained; 15 percent of the total budget. IIP/EX/PM, Ref.: ECA/A/E/EUR–11–01, continued contacts between IV.3e.2. Allowable costs for the SA–5, Floor 4, Department of State, participants, community members, and program include the following: 2200 C Street, NW., Washington, DC others. (1) Program expenses. 20522–0504. 4. Institutional changes, such as (2) Administrative expenses. Applicants submitting hard-copy increased collaboration and Please refer to the Solicitation applications must also submit the partnerships, policy reforms, new Package for complete budget guidelines ‘‘Executive Summary’’ and ‘‘Proposal programming, and organizational and formatting instructions. Narrative’’ sections of the proposal in improvements. text (.txt) or Microsoft Word format on IV.3f. Application Deadline and CD–ROM. As appropriate, the Bureau Please note: Consideration should be given Methods of Submission to the appropriate timing of data collection will provide these files electronically to for each level of outcome. For example, Application Deadline Date: 06/21/ Public Affairs Section at the U.S. satisfaction is usually captured as a short- 2010. embassy for its review. term outcome, whereas behavior and Reference Number: (ECA/A/E/EUR– institutional changes are normally 11–02). IV.3f.2—Submitting Electronic considered longer-term outcomes. Methods of Submission: Applications Overall, the quality of your Applications may be submitted in one Applicants have the option of monitoring and evaluation plan will be of two ways: submitting proposals electronically judged on how well it (1) specifies (1) In hard-copy, via a nationally through Grants.gov (http:// intended outcomes; (2) gives clear recognized overnight delivery service www.grants.gov). Complete solicitation descriptions of how each outcome will (i.e., Federal Express, UPS, Airborne packages are available at Grants.gov in be measured; (3) identifies when Express, or U.S. Postal Service Express the ‘‘Find’’ portion of the system. particular outcomes will be measured; Overnight Mail, etc.), or Please Note: ECA bears no responsibility and (4) provides a clear description of (2) electronically through http:// for applicant timeliness of submission or data the data collection strategies for each www.grants.gov. errors resulting from transmission or outcome (i.e., surveys, interviews, or Along with the Project Title, all conversion processes for proposals submitted focus groups). (Please note that applicants must enter the above via Grants.gov. evaluation plans that deal only with the Reference Number in Box 11 on the SF– Please follow the instructions first level of outcomes [satisfaction] will 424 contained in the mandatory available in the ‘Get Started’ portion of be deemed less competitive under the Proposal Submission Instructions (PSI) the site (http://www.grants.gov/ present evaluation criteria.) of the solicitation document. GetStarted). Recipient organizations will be IV.3f.1 Submitting Printed Applications Several of the steps in the Grants.gov required to provide reports analyzing registration process could take several their evaluation findings to the Bureau Applications must be shipped no later weeks. Therefore, applicants should in their regular program reports. All than the above deadline. Delivery check with appropriate staff within their data collected, including survey services used by applicants must have organizations immediately after responses and contact information, must in-place, centralized shipping reviewing this RFGP to confirm or be maintained for a minimum of three identification and tracking systems that determine their registration status with years and provided to the Bureau upon may be accessed via the Internet and Grants.gov. request. delivery people who are identifiable by Once registered, the amount of time it IV.3e. Please take the following commonly recognized uniforms and can take to upload an application will information into consideration when delivery vehicles. Proposals shipped on vary depending on a variety of factors preparing your budget: or before the above deadline but including the size of the application and IV.3e.1. Applicants must submit SF– received at ECA more than seven days the speed of your internet connection. 424A—‘‘Budget Information—Non- after the deadline will be ineligible for In addition, validation of an electronic Construction Programs’’ along with a further consideration under this submission via Grants.gov can take up comprehensive budget for the entire competition. Proposals shipped after the to two business days. program. Budget requests may not established deadlines are ineligible for Therefore, we strongly recommend exceed $1,201,850 (Office of the consideration under this competition. that you not wait until the application

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deadline to begin the submission be deemed ineligible if they do not fully unfold and at the end of the program. A process through Grants.gov. adhere to the guidelines stated herein draft survey questionnaire or other The Grants.gov Web site includes and in the Solicitation Package. All technique plus description of a extensive information on all phases/ eligible proposals will be reviewed by methodology to use to link outcomes to aspects of the Grants.gov process, the program office, as well as the Public original project objectives is including an extensive section on Diplomacy section overseas, where recommended. frequently asked questions, located appropriate. Eligible proposals will be 7. Cost-effectiveness: The overhead under the ‘‘For Applicants’’ section of subject to compliance with Federal and and administrative components of the the Web site. ECA strongly recommends Bureau regulations and guidelines and proposal, including salaries and that all potential applicants review forwarded to Bureau grant panels for honoraria, should be kept as low as thoroughly the Grants.gov Web site, advisory review. Proposals may also be possible. All other items should be well in advance of submitting a reviewed by the Office of the Legal necessary and appropriate. proposal through the Grants.gov system. Adviser or by other Department 8. Cost-sharing: Proposals should ECA bears no responsibility for data elements. Final funding decisions are at maximize cost-sharing through other errors resulting from transmission or the discretion of the Department of private sector support as well as conversion processes. State’s Assistant Secretary for institutional direct funding Direct all questions regarding Educational and Cultural Affairs. Final contributions. Grants.gov registration and submission technical authority for assistance to: awards cooperative agreement resides VI. Award Administration Information Grants.gov Customer Support. Contact with the Bureau’s Grants Officer. VI.1a. Award Notices Center Phone: 800–518–4726. Business Hours: Monday–Friday, 7 a.m.–9 p.m. Review Criteria Final awards cannot be made until Eastern Time. E-mail: Technically eligible applications will funds have been appropriated by [email protected]. be competitively reviewed according to Congress, allocated and committed Applicants have until midnight (12 the criteria stated below. These criteria through internal Bureau procedures. a.m.), Washington, DC time of the are not rank ordered and all carry equal Successful applicants will receive an closing date to ensure that their entire weight in the proposal evaluation: Federal Assistance Award (FAA) from application has been uploaded to the 1. Program planning: Detailed agenda the Bureau’s Grants Office. The FAA Grants.gov site. There are no exceptions and relevant work plan should and the original proposal with to the above deadline. Applications demonstrate substantive undertakings subsequent modifications (if applicable) uploaded to the site after midnight of and logistical capacity. Agenda and plan shall be the only binding authorizing the application deadline date will be should adhere to the program overview document between the recipient and the automatically rejected by the grants.gov and guidelines described above. U.S. Government. The FAA will be system, and will be technically 2. Ability to achieve program signed by an authorized Grants Officer, ineligible. objectives: Objectives should be and mailed to the recipient’s Please refer to the Grants.gov Web reasonable, feasible, and flexible. responsible officer identified in the site, for definitions of various Proposals should clearly demonstrate application. ‘‘application statuses’’ and the difference how the institution will meet the Unsuccessful applicants will receive between a submission receipt and a program’s objectives and plan. notification of the results of the submission validation. 3. Support of Diversity: Proposals application review from the ECA Applicants will receive a validation should demonstrate substantive support program office coordinating this e-mail from Grants.gov upon the of the Bureau’s policy on diversity. competition. successful submission of an application. Achievable and relevant features should Again, validation of an electronic VI.2 Administrative and National be cited in both program administration Policy Requirements submission via Grants.gov can take up (selection of participants, program to two business days. Therefore, we venue and program evaluation) and Terms and Conditions for the strongly recommend that you not wait program content (orientation and wrap- Administration of ECA agreements until the application deadline to begin up sessions, program meetings, resource include the following: the submission process through materials and follow-up activities). Office of Management and Budget Grants.gov. ECA will not notify you 4. Institutional Capacity: Proposed Circular A–122, ‘‘Cost Principles for upon receipt of electronic applications. personnel and institutional resources Nonprofit Organizations.’’ It is the responsibility of all applicants should be adequate and appropriate to Office of Management and Budget submitting proposals via the Grants.gov achieve the program or project’s goals. Circular A–21, ‘‘Cost Principles for Web portal to ensure that proposals 5. Institution’s Record/Ability: Educational Institutions.’’ have been received by Grants.gov in Proposals should demonstrate an OMB Circular A–87, ‘‘Cost Principles for their entirety, and ECA bears no institutional record of successful State, Local and Indian Governments.’’ responsibility for data errors resulting exchange programs, including OMB Circular No. A–110 (Revised), from transmission or conversion responsible fiscal management and full Uniform Administrative processes. compliance with all reporting Requirements for Grants and IV.3g. Intergovernmental Review of requirements for past Bureau awards Agreements with Institutions of Applications (grants or cooperative agreements) as Higher Education, Hospitals, and determined by Bureau Grants Staff. The other Nonprofit Organizations. Executive Order 12372 does not apply Bureau will consider the past OMB Circular No. A–102, Uniform to this program. performance of prior recipients and the Administrative Requirements for V. Application Review Information demonstrated potential of new Grants-in-Aid to State and Local applicants. Governments. V.1. Review Process 6. Project Evaluation: Proposals OMB Circular No. A–133, Audits of The Bureau will review all proposals should include a plan to evaluate the States, Local Government, and Non- for technical eligibility. Proposals will activity’s success, both as the activities profit Organizations.

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Please reference the following or submitting proposals. Once the RFGP Transportation, Office of the Secretary websites for additional information: deadline has passed, Bureau staff may of Transportation, 1200 New Jersey http://www.whitehouse.gov/omb/grants. not discuss this competition with Avenue, SE., Washington, DC 20590 or http://fa.statebuy.state.gov. applicants until the proposal review [email protected]. process has been completed. VI.3. Reporting Requirements FOR FURTHER INFORMATION CONTACT: VIII. Other Information Habib Azarsina, Departmental Privacy You must provide ECA with a hard Officer, S–80, United States Department copy original plus two copies of the Notice of Transportation, Office of the following reports: The terms and conditions published Secretary of Transportation, 1200 New (1) A final program and financial in this RFGP are binding and may not Jersey Avenue, SE., Washington, DC report no more than 90 days after the be modified by any Bureau 20590; telephone 202.366.1965, or expiration of the award; representative. Explanatory information [email protected]. (2) A concise, one-page final program provided by the Bureau that contradicts report summarizing program outcomes SUPPLEMENTARY INFORMATION: The DOT published language will not be binding. no more than 90 days after the system of records notice subject to the Issuance of the RFGP does not expiration of the award. This one-page Privacy Act of 1974 (5 U.S.C. 552a), as constitute an award commitment on the report will be transmitted to OMB, and amended, as proposed to be modified, is part of the Government. The Bureau be made available to the public via available from the above mentioned reserves the right to reduce, revise, or OMB’s USAspending.gov Web site—as address and appears below: increase proposal budgets in accordance part of ECA’s Federal Funding with the needs of the program and the Accountability and Transparency Act DOT/FMCSA 004 availability of funds. Awards made will (FFATA) reporting requirements. SYSTEM NAME: (3) A SF–PPR, ‘‘Performance Progress be subject to periodic reporting and Report’’ Cover Sheet with all program evaluation requirements per section VI.3 National Consumer Complaint reports. above. Database (NCCDB). (4) Quarterly program and financial Dated: May 5, 2010. SECURITY CLASSIFICATION: reports that (1) address significant Maura M. Pally, activities conducted out of the Fulbright Acting Assistant Secretary for Educational Controlled Unclassified Information Office, as well as activities planned for and Cultural Affairs, U.S. Department of (CUI). the near future, and (2) show all current State. SYSTEM LOCATION: and cumulative expenditures and [FR Doc. 2010–11480 Filed 5–12–10; 8:45 am] obligations. BILLING CODE 4710–05–P The NCCDB and its Web site (http:// (5) A SF–PPR–F, Program/Project nccdb.fmcsa.dot.gov/HomePage.asp) are Management form with all program administered and maintained by the reports. DEPARTMENT OF TRANSPORTATION facility listed below: Award recipients will be required to John A. Volpe National provide reports analyzing their Office of the Secretary Transportation Systems Center (Volpe evaluation findings to the Bureau in Center), 55 Broadway, Cambridge, MA their regular program reports. (Please Privacy Act of 1974: System of 02142. refer to IV. Application and Submission Records The Safety Violation and Household Instructions (IV.3.d.3) above for Program AGENCY: Federal Motor Carrier Safety Goods Consumer Complaint Hotline Monitoring and Evaluation Administration (FMCSA). (888–DOT–SAFT or 888–368–7238) is information.) All data collected, including survey ACTION: Notice to modify a system of operated by the contractor listed below: responses and contact information, must records. Ecompex, Inc. (Ecompex), DTMC75– 05–C–00008, 7926 Jones Branch Drive, be maintained for a minimum of three SUMMARY: DOT proposes to modify a Suite 560, McLean, VA 22102. years and provided to the Bureau upon system of records under the Privacy Act request. of 1974. The system is FMCSA’s The hotline and Web site are operated All reports must be sent to the ECA National Consumer Complaint Database under a leasing agreement between Grants Officer and ECA Program Officer (NCCDB), which is being modified to Ecompex and the subcontractor listed listed in the final assistance award reflect: (1) The new name; (2) changes below: document. to the system location; (3) additions to Computing Technologies, Inc. (CoTs), VII. Agency Contacts the categories of individuals; (4) DTFH61–99–Z–00073, 3028 Javier Road, For questions about this reduction in the categories of records; Suite 400, Fairfax, VA 22031. (5) additions to the categories of records; announcement, contact: Micaela S. CATEGORIES OF INDIVIDUALS: Iovine, U.S. Department of State, Office (6) clarity to the purpose of the system. of Academic Exchange Programs, ECA/ This system would not duplicate any 1. Consumers and commercial motor A/E/EUR, SA–5, Fourth Floor, ECA/A/ other DOT system of records. vehicle drivers who report violations of E/EUR–11–02, 2200 C Street, NW., DATES: Effective Date: This notice will Federal Motor Carrier Safety Washington, DC 20522–0503, tel. 202– be effective, without further notice, on Regulations (FMCSRs). 632–3256; fax 202–632–9462; June 22, 2010, unless modified by a 2. Consumers who contract with [email protected]. subsequent notice to incorporate motor carriers and brokers to transport All correspondence with the Bureau comments received by the public. their household goods (HHG) in concerning this RFGP should reference Comments must be received by June 14, interstate operations. the above title and number ECA/A/E/ 2010 to be assured consideration. 3. Motor carriers, employees, drivers EUR–11–02. ADDRESSES: Send comments to Habib and consumers who contract with Please read the complete Azarsina, Departmental Privacy Officer, Hazardous Materials motor carriers and announcement before sending inquiries S–80, United States Department of Cargo Tank Facilities.

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CATEGORIES OF RECORDS IN THE SYSTEM: compliance with FMCSRs. The NCCDB • E-mail Address (Complainant and Records and reports in the NCCDB can also be used to alert consumers of Respondent). may include the following: those motor carriers with a history of • Secondary Respondent Name. 1. HHG complaints (PII). complaints related to transporting HHG • Motor Carrier Number. Respondent names, tracking number, and to provide guidance to the public • USDOT Number. addresses, fax numbers, phone numbers, on how to avoid being victimized by • Complaint ID Number. and e-mail addresses. unscrupulous moving companies. • Complaint Date. 2. Safety Violation complaints (PII). Motor carriers can use NCCDB to Accessibility (Including Safeguards)— Respondent names, tracking number, assist with complaint reconciliation. Access to NCCDB is restricted to those addresses, fax numbers, phone numbers, After being informed of a complaint, the authorized users with a specific ‘‘need to and e-mail address. respondent is encouraged to resolve the know’’ and requires authentication with 3. Hazardous Materials and Cargo complaint with the complainant. a valid user name and password. Only Tank Complaints (PII). authorized federal government Respondent names, tracking number, ROUTINE FUNCTION OF SYSTEM RECORDS personnel and contractors conducting (INCLUDES CATEGORIES OF USERS AND addresses, fax numbers, phone numbers, system support or maintenance PURPOSES OF USE): activities may access NCCDB records. and e-mail address. • 4. Acknowledgement letters to Information may be shared with The scope of access is limited to the complainants (PII). congressional offices and Federal, State, official need of each authorized Complainant’s name, tracking and local government agencies for the individual. NCCDB is housed in a number, and address. purposes of enforcing the safety of secure data center, and access to NCCDB motor carriers and HHG transporters. is restricted to authorized personnel 5. Notification letters to motor carriers • (PII). Information may be shared with only. Access to the building in which Respondent’s name, complaint Federal, State, and local law NCCDB is located is also restricted to number, and address. enforcement programs to safeguard authorized personnel only. FMCSA against and respond to the breach of operates NCCDB in accordance with the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: personally identifiable information. • E-Government Act of 2002 (Pub. L. 107– 49 U.S.C. 14701 note. Information may also be accessed 347), the Federal Information Security by Federal contractors involved in the PURPOSE(S): Management Act (FISMA) of 2002 (Title system support and maintenance of III of Pub. L. 107–347), and other The major goal of NCCDB is to meet NCCDB. • required policies, procedures, practices, the requirements set forth in section In addition to those disclosures and security controls for implementing 4214, Public Law 109–59, 119 Stat. generally permitted under 5 U.S.C. the Automated Information Systems 1144, 1759–1760, codified at 49 U.S.C. 552a(b)(3) of the Privacy Act, additional Security Program. 14701 note, the Safe, Accountable disclosures may be made in accordance Retention and Disposal—Complaint Flexible, Efficient Transportation Equity with the DOT Prefatory Statement of files are retained at the John A. Volpe Act: A Legacy for Users (SAFETEA–LU), General Routine Uses, published at 65 National Transportation Systems Center which requires FMCSA to establish: FR 19476 (April 11, 2000). by the system administrator. All files 1. A system, database, and procedures received by the Safety Violation and for filing and logging consumer DISCLOSURE TO CONSUMER REPORTING AGENCIES: Household Goods Consumer Complaint complaints relating to household goods None. Hotline are retained in compliance with motor carriers for the purpose of agency record control schedules. compiling or linking complaint POLICIES AND PRACTICES FOR STORING, Complaints mailed from FMCSA to information gathered by FMCSA and the RETRIEVING, ACCESSING, RETAINING, AND Ecompex are recorded online in NCCDB States with regard to such carriers. DISPOSING OF RECORDS: by Ecompex staff. The Volpe Center and 2. Procedures to allow the public to Storage—NCCDB records are stored in Ecompex comply with all requirements have access, subject to 5 U.S.C. 552(a), an automated system operated and of the National Archives and Records to aggregated complaint information and maintained at the Volpe National Administration (NARA) with respect to a process for carriers to challenge Transportation Systems Center (Volpe record retention and control. NARA duplicate or fraudulent information in Center), U.S. Department of regulations indicate that electronic files the database. Transportation, 55 Broadway, created to monitor system usage are NCCDB is capable of recording the Cambridge, MA 02142. Backup copies of authorized for erasure or deletion when following types of complaints: NCCDB records are archived in a secure the agency determines that they are no 1. Safety Violation Complaints— offsite facility. longer needed for administrative, legal, Consumers, commercial motor vehicle Retrievability—NCCDB records can be audit, or other operational purposes. drivers, and others can report violations retrieved through automated searches of Federal Motor Carrier Safety on the following key words or SYSTEM MANAGER CONTACT INFORMATION: Regulations (FMCSRs). identifying information: James Dubose; Federal Motor Carrier 2. Household Goods (HHG) • Complainant Name. Safety Administration; Commercial Complaints—Consumers can report • Respondent Name. Enforcement Division; MC–ECC, complaints related to the contracting • Address (Complainant and M61300, W63–421; 1200 New Jersey and moving of HHG. Respondent). Avenue SE; Washington, DC 20590. 3. Hazardous Materials and Cargo • Fax Number (Complainant and Tank Complaint—Consumers can report Respondent). NOTIFICATION PROCEDURE: complaints related to Hazardous • Phone Number (Complainant and Individuals wishing to know if their Materials and Cargo Tank. Respondent). records appear in this system may make The data collected by NCCDB can be • State Name (Complainant and a request in writing to the System used by FMCSA to identify problematic Respondent). Manager. The request must include the motor carriers in order to take • Zip Code (Complainant and requester’s name, mailing address, enforcement actions and to promote Respondent). telephone number and/or e-mail

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address, a description and the location ACTION: Announcement of Charter (PANYNJ) are issuing this Revised of the records requested, compliant Renewal of the Railroad Safety Advisory Notice of Intent (NOI) to advise the tracking number, and verification of Committee (RSAC). public of modifications to the identity. FMCSA’s requirement for environmental review process for the verification of identify for NCCDB SUMMARY: FRA announces the charter Cross Harbor Freight Movement include the following: renewal of the RSAC, a Federal Program (Project Identification Number: • Complaint ID/tracking number of Advisory Committee that develops X500.19). These revisions include a the complaint. railroad safety regulations through a change in project sponsorship to the consensus process. This charter renewal • Name address and telephone PANYNJ, the intent of FHWA and will take effect on May 17, 2010, and number. PANYNJ to use a tiered process to will expire after 2 years. • Date of compliant. facilitate project decision-making, and FOR FURTHER INFORMATION CONTACT: • Origin and destination of the the intent of FHWA and PANYNJ to Larry Woolverton, RSAC Administrative complaint (If appropriate). utilize the environmental review Officer/Coordinator, FRA, 1200 New provisions afforded under Section 6002 • Respondent’s name and DOT Jersey Avenue, SE., Mailstop 25, of the Safe, Accountable, Flexible, number (If appropriate). • Washington, DC 20590, (202) 493–6212; Efficient Transportation Equity Act: A Description of the complaint. or Grady Cothen, Deputy Associate Legacy for Users (SAFETEA–LU). This RECORD ACCESS PROCEDURES: Administrator for Safety, FRA, 1200 notice revises the NOI that was New Jersey Avenue, SE., Mailstop 25, published in the Federal Register on Individuals seeking access to Washington, DC 20590, (202) 493–6302. June 7, 2001. information about them in this system SUPPLEMENTARY INFORMATION: Pursuant The greater New York/New Jersey should apply to the System Manager, to Section 10(a)(2) of the Federal region is the financial center of the U.S. following the same procedure as Advisory Committee Act (Pub. L. 92– economy and the nation’s largest indicated under ‘‘Notification 463), FRA is giving notice of the charter consumer market. The regional Procedure.’’ renewal for the RSAC. The RSAC was economy relies on a goods movement CONTESTING RECORD PROCEDURES: established to provide advice and system overwhelmingly dependent on recommendations to FRA on railroad trucking and an aging and congested Individuals seeking to contest the highway network. Regional forecasts of content of information about them in safety matters. The RSAC is composed of 54 voting representatives from 31 truck growth vary depending on the this system should apply to the System source, year, and geography, but Manager, following the same procedure member organizations, representing various rail industry perspectives. In available sources agree that truck as indicated under ‘‘Notification tonnage is anticipated to increase Procedure.’’ addition, there are non-voting advisory representatives from the agencies with substantially, with some forecasts RECORD SOURCE CATEGORIES: railroad safety regulatory responsibility calling for a 36% increase in tonnage by 2035. In the absence of network or NCCDB complaints are obtained from in Canada and Mexico, the National Transportation Safety Board, and the system improvements, this growth and consumers, motor carriers, brokers, and the region’s dependence on trucking for consumers who contract with Federal Transit Administration. The diversity of the Committee ensures the freight distribution will result in serious Hazardous Materials motor carriers and regional highway congestion and Cargo Tank Facilities. requisite range of views and expertise necessary to discharge its extended travel delays—a trend which EXEMPTIONS CLAIMED FOR THE SYSTEM: responsibilities. See the RSAC Web site could threaten the economic vitality of for details on pending tasks at: http:// the greater New York/New Jersey region. Pursuant to subsection (k)(2) of the The EIS will analyze alternatives that Privacy Act (5 U.S.C. 552a(k)(2)), rsac.fra.dot.gov/. Please refer to the notice published in the Federal Register would provide short-term and long-term portions of this system are exempt from strategies for improving the regional on March 11, 1996, 61 FR 9740, for the requirements of subsections (c)(3), freight network, reducing traffic additional information about the RSAC. (d), (e)(4)(G)–(I) and (f) of the Act, for congestion, enhancing modal diversity the reasons stated in DOT’s Privacy Act Issued in Washington, DC, on May 7, 2010. and system redundancy, improving air regulation (49 CFR Part 10, Appendix, Grady C. Cothen, Jr., quality, and providing economic Part II at A.8. Deputy Associate Administrator for Safety benefits. The FHWA and PANYNJ are Dated: May 6, 2010. Standards and Program Development. serving as joint-lead agencies for the Habib Azarsina, [FR Doc. 2010–11382 Filed 5–12–10; 8:45 am] preparation of the EIS and are issuing Departmental Privacy Officer. BILLING CODE 4910–06–P this notice to solicit public and agency input into the scope of the EIS and to [FR Doc. 2010–11415 Filed 5–12–10; 8:45 am] advise the public that outreach activities BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION will be conducted by FHWA and PANYNJ. New York State and New Federal Highway Administration DEPARTMENT OF TRANSPORTATION Jersey Departments of Transportation (NYSDOT and NJDOT) are serving as Environmental Impact Statement: Federal Railroad Administration cooperating agencies for the preparation Multiple Counties, New York, and New of the EIS. Jersey The EIS analyses will be conducted [Docket No. FRA–2000–7257; Notice No. 61] AGENCY: Federal Highway using ‘‘tiering,’’ as described in 40 CFR Railroad Safety Advisory Committee; Administration (FHWA), USDOT. 1508.28, which is a staged process Charter Renewal ACTION: Revised Notice of Intent (NOI). applied to the environmental review of complex projects. Tier I of the EIS will AGENCY: Federal Railroad SUMMARY: The Federal Highway allow the agencies to focus on general Administration (FRA), Department of Administration (FHWA) and the Port transportation modes and alignments for Transportation (DOT). Authority of New York and New Jersey the proposed project, including logical

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termini and regional economic and Major Investment Study (MIS) lead agencies will send letters inviting transportation effects. Tier I of the EIS commissioned by the New York City agencies with an interest in or will include: A logistics and market Economic Development Corporation jurisdiction over the project to become demand analysis; a rail and highway (NYCEDC) and completed in the spring involved as participating or cooperating operations and multimodal networks of 2000, identified alternatives and agencies. analysis; an economic and financial strategies to improve regional freight Purpose and Need for the Proposed analysis; a capital investment mobility, expand shippers’ choices of Project: The greater New York/New estimation; an operations and route and mode, enhance the region’s Jersey region is the financial center of maintenance cost estimation for each environmental quality, and promote the U.S. economy, the nation’s largest alternative; a transportation analysis; regional economic development. Fifteen consumer market, and a major hub of conceptual design criteria; general alternatives, involving highway, rail, entertainment, services, fashion, and environmental impact assessments; and waterborne, and air systems, were culture. Consequently the region a data needs list for the preparation for initially evaluated, and the most receives, processes, and distributes a Tier II analyses and preliminary design. promising strategies were advanced to a significant amount of goods from all Tier I of the EIS will result in a Record subsequent phase of refinement and over the nation and the world. In 2007, of Decision (ROD) that will identify the evaluation. Four alternatives were an estimated 1.1 billion tons of freight transportation mode or a combination of advanced for study in a Draft EIS, which were moved by truck into, out of, modes and alignments for the proposed was published in April 2004 by FHWA within, and through the 54-county project, with the appropriate level of and the Federal Railroad Administration region surrounding New York City and detail for corridor-level decisions, or (FRA), acting as co-lead agencies, and Long Island (including northern and select the NEPA ‘‘No Action the NYCEDC, acting as the project central New Jersey, western and Alternative.’’. The ROD will also outline sponsor. The 2004 Draft EIS considered: southern Connecticut, and portions of measures that are intended to avoid, A No Action Alternative; a southern New York and eastern minimize, or mitigate adverse impacts Transportation Systems Management Pennsylvania). By 2035, this demand is from the build alternatives. Tier II of the (TSM) Alternative; an Expanded Float projected to increase to more than 1.5 EIS will then further explore in greater Operations Alternative, which involved billion tons as a result of forecasted detail those alternatives which fulfill the expansion of capacity for the growth in employment, personal the project purpose within the mode existing railcar float system across New income, and economic activity, creating and alignment chosen in Tier I and will York Harbor; and a Rail Freight Tunnel unprecedented pressure on the region’s include analysis of refined engineering Alternative with two possible transportation infrastructure. designs and their site-specific alignments. Following publication of The region’s ability to serve its markets is increasingly threatened by its environmental impacts, development of the 2004 Draft EIS, the PANYNJ, as the heavy reliance on trucking goods over site-specific mitigation measures, and region’s bi-state transportation agency, an aging and congested roadway cost estimates for the preferred and the agency that controls most of the network, while non-highway freight alternatives. Input from the public and east-west connections between New modes, particularly rail and waterborne, from reviewing agencies will be York and New Jersey, accepted the role remain underdeveloped and solicited during both tiers. of project sponsor. The PANYNJ’s underutilized. In addition, the flow of The EIS will be prepared in mission to identify and meet critical, bi- freight in the region is complicated by accordance with the provisions of the state transportation infrastructure needs the historic physical barrier of the National Environmental Policy Act uniquely positions the agency to direct Hudson River and New York Harbor, (NEPA; 42 U.S.C. 4321 et seq.) of 1969 the Cross Harbor Freight Movement and all applicable regulations which separates the large consumer Program. markets of New York City, Long Island, implementing NEPA, as set forth in 23 Scoping: To assure that the full range CFR part 771. The EIS will also address and New England (east of the Hudson of issues related to the proposed action River) from the nation’s major centers of the provisions of Section 6002 of Public is addressed and all significant issues ‘‘ agricultural and industrial production, Law 104–59, The Safe, Accountable, are identified, the PANYNJ will Flexible, Efficient Transportation Equity and the region’s major freight facilities undertake an extensive public scoping and distribution centers (west of the Act: A Legacy for Users (SAFETEA– process that will invite the public and LU).’’ Hudson River). affected agencies to provide comments Given the existing system, forecasted FOR FURTHER INFORMATION CONTACT: Mr. on the scope of the environmental increases in freight demand translate Jeffrey W. Kolb, Division Administrator, review process. A Draft Scoping directly into increased truck traffic in Federal Highway Administration, New Document will be prepared that will the freight distribution network. This York Division, Leo W. O’Brien Federal outline the project purpose and need, will result in serious highway Building, 7th Floor, Clinton Avenue and the primary and secondary study areas, congestion, particularly on a number of North Pearl Street, Albany, NY 12207, alternatives that will be studied in Tier regionally important and heavily used Telephone: (518) 431–4127; or Ms. I of the EIS, and the methodologies by network connectors including the Laura Shabe, Manager, Cross Harbor which environmental impacts will be Verrazano-Narrows Bridge between Freight Program, Port Commerce assessed. The PANYNJ will lead Brooklyn and Staten Island, and the Department, Port Authority of New York outreach activities during the public George Washington Bridge between and New Jersey, 225 Park Avenue, scoping process and will conduct a Manhattan and New Jersey. Currently, South, 11th Floor, New York, NY 10003, series of meetings to discuss the Draft the George Washington Bridge carries an Telephone: (212) 435–4441. Scoping Document and the proposed average of approximately 300,000 SUPPLEMENTARY INFORMATION: Several scope of the EIS. To encourage public vehicles per day, and the Verrazano- previous studies have been conducted participation, public scoping meetings Narrows Bridge carries an average of to examine possible alternatives to will be held in New York and in New 195,000 per day. According to the New improve freight movement across the Jersey. The public scoping meetings will York Metropolitan Transportation Hudson River and New York Harbor. be advertised separately. To adhere to Council’s (NYMTC) Draft 2009 The Cross Harbor Freight Movement the requirements of SAFETEA–LU, the Congestion Management Process Status

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Report, current vehicle demand on these the repair or upgrade of existing float applicable Federal and State laws and two major east-west crossings already bridges and scheduling improvements regulations. outweighs capacity, and their level of to allow both freight traffic and Tiered EIS: ‘‘Tiering,’’ as described in service will continue to worsen through passenger service to utilize the region’s 40 CFR 1508.28, is a staged process, 2035. rail lines), and several build alternatives applied to the environmental review of Tier I of the EIS will focus on goods that will be designed to take advantage complex projects. A tiered EIS will movement throughout the greater New of under-utilized freight movement allow the lead agencies to focus on York/New Jersey region, including the modes, such as regional and local rail broad, overall corridor issues, such as major freight movement corridors networks and waterborne transport. The mode choice, general alignment, logical leading to the Hudson River crossings No Action Alternative will include termini, and regional effects, within the identified above. Routes I–278, I–495, I– planned upgrades to existing Tier I EIS. 95, a number of highways serving infrastructure, such as the full Tier I of the EIS will include the northern New Jersey (such as New acquisition of the Greenville Yard Rail following: Jersey Turnpike/I–95, I–78, I–80, and I– Float Facility, the rehabilitation of New • The development of comprehensive 287), and many state and local routes York New Jersey Rail Float Operations alternatives, designed to meet the goals that are critical for local pickup and and Assets, and committed and of the Cross Harbor Freight Movement delivery activities, will be included in programmed improvements to New Program; the EIS study area. The EIS will also York City and Long Island rail lines and • Logistics and market demand, investigate major freight rail lines and rail yards. The basic build alternatives including the locations and capacities of facilities west of the Hudson River (such may include an expanded railcar float intermodal facilities and warehouse/ as a variety of lines within the Conrail alternative, several versions of a tunnel distribution clusters that could Shared Assets Area, the CSX River Line, alternative, and a combination railcar potentially benefit from the proposed the Norfolk Southern Lehigh Line, float/tunnel alternative. In addition to project; Chemical Coast Line and important rail evaluating multiple build alternatives, • Rail and highway operations and yards at Croxton, Kearny, Oak Island, the EIS will consider variations of each multimodal networks, including Greenville, Port Newark/Elizabeth in build alternative that will analyze potential impacts on regional rail New Jersey) and strategic rail assets east locating new or expanded rail yards that networks; of the Hudson River which may require may be required for the proposed • Economic and financial analysis, improvements and/or capacity project. including: economic impact analysis; enhancement. Conditions at area marine Probable Effects of the Project market feasibility analysis; railroad terminals and airports will also be Alternatives: The FHWA and PANYNJ financial analysis; cash flow analysis; included in the Tier I EIS study area. will evaluate potential impacts from the and funding needs analysis; The primary purpose of the project is proposed alternatives on: • Capital investment estimation, to to improve the movement of freight in Transportation and traffic engineering; determine costs associated with the the region by enhancing freight land use and social conditions; construction of the infrastructure movement across New York Harbor economic conditions; cultural and required for each proposed alternative; between the east-of-Hudson and west- visual resources; air quality; noise; • Operations and maintenance cost of-Hudson sub-regions. Project goals, water and natural resources; energy and estimation for each proposed which will be refined during scoping greenhouse gases; contaminated and alternative; with input from the public, elected hazardous materials; coastal zone • Traffic screening analysis to officials, interested agencies and management; environmental justice; determine whether the proposed project organizations will support the primary section 4(f) of the U.S. Department of may result in significant traffic impacts purpose and could include: A reduction Transportation (USDOT) Act of 1966; on the road network leading to and from in travel time for freight movement and any indirect, secondary, or any proposed or existing rail yard site; between the sub-regions; an increase in cumulative impacts. The Tier I of the • Conceptual design criteria, such as cross-harbor freight movement capacity; EIS will include a general qualitative right-of-way requirements, engineering congestion relief on the major freight assessment of each of these requirements, and potential permits and corridors associated with the Hudson environmental issues. approvals; River crossings; and an increase in the Environmental Review Procedures: • Environmental impact assessments, modal diversity of regional freight The EIS will be prepared in accordance including transportation and traffic movement. Secondary purposes could with the provisions of the National engineering; land use and social include enhanced economic efficiency Environmental Policy Act (NEPA; 42 conditions; economic conditions; of the greater New York/New Jersey U.S.C. 4321 et seq.) of 1969 and historic, cultural and visual resources; region through improved goods applicable FHWA regulations air quality; noise and vibration; water movement; a more environmentally implementing NEPA, as set forth in 23 and natural resources; energy and beneficial and sustainable goods CFR part 771. In addition, the EIS will greenhouse gases; contaminated and movement system; and the addition of comply, as necessary, with Federal hazardous materials; construction strategic redundancy to existing Hudson Transportation Conformity regulations impacts; coastal zone management; River and interborough crossings. (40 CFR parts 51 and 93); the National environmental justice; Section 4(f) of Project Alternatives: A comprehensive Historic Preservation Act; Section 4(f) of the U.S. Department of Transportation set of alternatives will be developed and the U.S. Department of Transportation (USDOT) Act of 1966; and any indirect, refined during the public scoping Act of 1966 (49 U.S.C. 303); Executive secondary, or cumulative effects; and process, with input from stakeholders. Order 12898, ‘‘Federal Actions to • A general assessment of site Each alternative will then be evaluated Address Environmental Justice in conditions to identify gaps in the for its ability to meet the project’s goals, Minority Populations and Low-Income coverage and the need for additional which are derived from the project’s Populations;’’ the Clean Water Act (33 data in preparation for Tier II analyses purpose and need. The EIS will U.S.C. 1251 to 1387); Executive Order and preliminary design. consider a No Action Alternative, a 11990 (‘‘Protection of Wetlands’’); the Tier I of the EIS will result in a TSM Alternative (which could include Clean Air Act of 1970; and other Record of Decision (ROD) that will

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identify the transportation mode and of the manner in which the coordination Executive Park, Burlington, MA. alignment for the proposed project with will be accomplished. The Coordination Telephone (781) 238–7613 and New the appropriate level of detail for Plan prepared for the Cross Harbor Bedford Regional Airport, 1569 Airport corridor-level decisions, or select the No Freight Movement Program will Rd., New Bedford, Massachusetts. Action Alternative. The Tier I EIS will include: The Plan Purpose and Telephone (508) 991–6161. also include a discussion of measures Identification of Lead Agencies; Issued on: April 27, 2010. that could be implemented to avoid, Program History; List of Participating Bryon H. Rakoff, minimize, or mitigate potential adverse and Coordinating Agencies; Roles and impacts of the build alternatives. These Assistant Division Manager, Airports Responsibilities of the Lead, Division. measures would be developed to Participating, and Coordinating [FR Doc. 2010–11505 Filed 5–12–10; 8:45 am] mitigate both short-term (construction Agencies; Agency Contact Information; phase) and long-term (operational) Coordination Points; and the Program BILLING CODE 4910–13–P adverse impacts of the proposed build Schedule. alternatives. The mitigation strategies Comments or questions regarding this DEPARTMENT OF TRANSPORTATION that will be examined will be designed Notice of Intent should be directed to to specifically minimize any potential the FHWA or PANYNJ contacts Federal Transit Administration adverse effects on the local communities identified above. where new or expanded infrastructure is (Catalog of Federal Domestic Assistance FTA Supplemental Fiscal Year 2010 proposed or where the operational Program Number 20.205, Highway Research Apportionments, Allocations, and effects of increased freight movement Planning and Construction. The regulations Corrections are expected. Tier II will then further implementing Executive Order 12372, explore the selected alternative in regarding intergovernmental consultation on AGENCY: Federal Transit Administration greater detail to evaluate regional and Federal programs and activities apply to this (FTA), DOT. program.) localized environmental impacts and ACTION: Notice. outline site-specific mitigation measures Issued on: April 23, 2010. in project-level environmental Jeffrey W. Kolb, SUMMARY: The Hiring Incentives to documentation. The PANYNJ and Division Administrator, Federal Highway Restore Employment Act, (Pub. L. 111– FHWA intend to engage the community Administration, Albany, New York. 147), signed into the law by President in devising mitigation measures for [FR Doc. 2010–11452 Filed 5–12–10; 8:45 am] Obama on March 18, 2010, authorized potential adverse impacts at both tiers of BILLING CODE 4910–22–P funds for all of the surface the EIS. The scope of the Tier I and Tier transportation programs of the U.S. II analyses will be commensurate with Department of Transportation (DOT) for the level of detail necessary for those DEPARTMENT OF TRANSPORTATION the remainder of the Fiscal Year (FY) documents. Input from the public and ending September 30, 2010, and the first from reviewing agencies will be Federal Aviation Administration quarter of FY 2011. This Notice solicited during both tiers. supplements the February 18, 2009 Record of Decision for Environmental SAFETEA–LU: SAFETEA–LU Federal Register notice to apportion the Impact Statement: New Bedford provisions and NEPA regulations, in full amount of FY 2010 formula funds. Regional Airport, New Bedford, MA general, call for public involvement in In addition, this Notice revises the Job the EIS process. Section 6002 of AGENCY: Federal Aviation Access and Reverse Commute (JARC) SAFETEA–LU requires that agencies: (1) Administration (FAA), DOT. and Alternatives Analysis program Extend an invitation to other Federal ACTION: Notice of availability. carryover tables, Small Transit Intensive and non-Federal agencies and Indian Cities (STIC) performance data and tribes that may have an interest in the SUMMARY: The FAA is issuing this notice Apportionments table, and Bus and Bus proposed project to become to advise the public that a Record of Facilities Extensions and ‘‘participating agencies;’’ (2) provide an Decision (ROD), resulting from an Reprogramming table, and allocates the opportunity for involvement by Environmental Impact Statement (EIS) remaining FY 2010 funds made participating agencies and the public in has been prepared for a New Bedford available to congressionally designated helping to define the purpose and need Regional Airport, New Bedford, projects under the Alternative Analysis for the proposed project, as well as the Massachusetts. program. range of alternatives for consideration in the impact statement; and (3) establish FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For a plan for coordinating public and Richard Doucette, Environmental general information about this notice agency participation in and comments Program Manager, Federal Aviation contact Henrika Buchanan-Smith, Office on the Scoping Document. Letters will Administration New England, 12 New of Program Management, at (202) 366– be sent to any agency with a fiduciary, England Executive Park, Burlington, 2053. Please contact the appropriate regulatory, or permitting authority over MA. Telephone (781) 238–7613. FTA regional or metropolitan office for the program as an invitation to be part SUPPLEMENTARY INFORMATION: The FAA any specific requests for information or of the coordination process. Any is making available a ROD regarding technical assistance. The appendix at interested Federal or non-Federal construction of Runway Safety Areas the end of this notice includes contact agency or Indian tribe that does not and other airfield improvements at New information for FTA regional and receive an invitation to become a Bedford. The ROD documents the final metropolitan offices. participating agency can notify the Agency decisions regarding the SUPPLEMENTARY INFORMATION: contact persons listed above. proposed projects as described and A Coordination Plan will be analyzed in the EIS. The ROD is Table of Contents developed to facilitate and document available for review during normal I. Overview the lead agencies’ structured interaction business hours at the following II. FTA Program Funding Tables with the public and other agencies, and locations: FAA New England Region, 1. FTA Revised FY 2010 Appropriations to inform the public and other agencies Airports Division, 16 New England and Apportionments for Grant Programs

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2. FTA Revised FY 2010 Metropolitan I. Overview Employment Act (HIRE) Act (Pub. L. Planning Program and Statewide FTA’s current authorization, the Safe, 111–147) together included a total of Planning and Research Program Accountable, Flexible, Efficient, $10.7 billion. While the appropriations Apportionments act provided full-year General Fund 3. FTA Revised FY 2010 Section 5307 and Transportation Equity Act: A Legacy for Users (SAFETEA–LU), expired budget authority for certain FTA Section 5340 Urbanized Area programs, the HIRE Act built on Apportionments September 30, 2009. Since that time, 4. FTA FY 2010 Section 5307 Congress has enacted the Hiring previously enacted partial-year Apportionment Formula Incentives to Restore Employment Act, extensions of SAFETEA–LU authorities, 5. FTA Revised FY 2010 Formula Programs (Pub. L. 111–147), hereinafter ‘‘HIRE including the provision of contract Apportionments Data Unit Values Act, 2010,’’ which continues the authority from the Mass Transit 6. FTA Revised FY 2010 Small Transit authorization of the Federal transit Account of the Highway Trust Fund. Intensive Cities Performance Data and programs of DOT through December 31, Specifically, it provided contract Apportionments 2010. Additionally, Division A of the authority for the Formula and Bus 8. FTA Revised FY 2010 Section 5309 Transportation, Housing and Urban Programs for the remainder of FY 2010, Fixed Guideway Modernization Development, and Related Agencies as well as contract authority through Apportionments Appropriations Act 2010 (Pub. L. 111– December 31st of 2010 (the first quarter 9. FTA Fixed Guideway Modernization 68), which was signed into law by of FY 2011). Table 1 of this document Formula President Obama on December 16, 2009, shows the total amount of FY 2010 10–B. FTA Revised Section 5309 Bus and funding that is available for FTA’s grant Bus-Related Facilities Extensions and appropriated funds for FTA funded programs contract authority for the first Reprogrammed Allocations programs for FY 2010. This Notice 13. FTA Revised FY 2010 Special Needs provides the remaining formula funds, quarter of FY 2011 will be apportioned For Elderly Individuals and Individuals the full year allocations of Alternative after October 1, 2010. See the February With Disabilities Apportionments Analysis program funds, and corrections 18, 2008 Federal Register notice for 14. FTA Revised FY 2010 Section 5311 and to the Alternatives Analysis and JARC detailed information on FTA programs. Section 5340 Nonurbanized Area program carryover tables, Bus and Bus Note: The HIRE Act provided contract Formula Apportionments, and Rural Facilities Extensions and authority at levels equal to the FY 2009 Transportation Assistance Program Reprogramming table, and STIC authorized levels in SAFETEA–LU. However, (RTAP) Allocations performance data and Apportionments the FY 2010 Appropriations Act contains an 16. FTA Revised FY 2010 Section 5316 Job table. obligation limitation for the Formula and Bus Access and Reverse Commute (JARC) programs that is slightly lower than the FY Apportionments II. FTA Program Funding Based on the 2010 authorized contract authority. Funding 17. FTA Revised Job Access and Reverse Appropriations Act, 2010 and Hire Act, levels made available under this Notice are Commute (JARC) Carryover 2010 based on the obligation limitation contained 18. FTA Revised FY 2010 Section 5317 in FTA’s FY 2010 appropriations act. New Freedom Apportionments FTA’s resources are provided in both 19. FTA Revised FY 2010 Section 5339 appropriations and authorization law. Issued in Washington, DC, May 7, 2010. Alternative Analysis Allocations For FY 2010, the Transportation and Peter Rogoff, Housing and Urban Development 20. FTA Revised Alternative Analysis Administrator. Carryover Appropriations Act (Pub. L. 111–117) Appendix and Hiring Incentives to Restore Appendix A

FTA REGIONAL AND METROPOLITAN OFFICES

Richard H. Doyle, Regional Administrator, Region 1–Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6–Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode, Island, and Vermont. Texas. Brigid Hynes-Cherin, Regional Administrator, Region 2–New York, One Mokhtee Ahmad, Regional Administrator, Region 7–Kansas City, MO, Bowling Green, Room 429, New York, NY 10004–1415, Tel. 212– 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2–New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Letitia Thompson, Regional Administrator, Region 3–Philadelphia, 1760 Terry Rosapep, Regional Administrator, Region 8–Denver, 12300 West Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215– Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720–963– 656–7100. 3300. States served: Delaware, Maryland,, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and, Wyoming. Philadelphia Metropolitan Office, Region 3–Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, DC Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006, Tel. 202–219–3562. Yvette Taylor, Regional Administrator, Region 4–Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9–San Francisco, tree Street, NW., Suite 800, Atlanta, GA 30303, Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North, States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Islands. Nevada, and the Northern Mariana, Islands. Los Angeles Metropolitan Office, Region 9–Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952.

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FTA REGIONAL AND METROPOLITAN OFFICES—Continued Marisol Simon, Regional Administrator, Region 5–Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10–Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5–Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

BILLING CODE 4910–57–P

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[FR Doc. 2010–11479 Filed 5–12–10; 8:45 am] ensure completion of registration before transportation needs in national parks BILLING CODE 4910–57–C the deadline for submission. and related Federal lands. The study GRANTS.GOV applicants should identified significant alternative receive two confirmation e-mails. The transportation needs at sites managed by DEPARTMENT OF TRANSPORTATION first will confirm that the application the National Park Service, the Bureau of was received and a subsequent e-mail Land Management, and the U.S. Fish Federal Transit Administration will be sent within 24–48 hours and Wildlife Service. Additionally, a indicating whether the application was supplement to this report identified FY 2010 Discretionary Funding validated or rejected by the system. If Forest Service sites that would benefit Opportunity: Paul S. Sarbanes Transit interested parties experience difficulties from such services. in Parks Program at any point during the registration or II. Program Purpose AGENCY: Federal Transit Administration application process, please call the (FTA), DOT. GRANTS.GOV Customer Support The purpose of the program is to ACTION: Notice of Availability: Hotline at 1–800–518–4726, Monday- enhance the protection of national parks Solicitation of Project Proposals. Friday from 7 a.m. to 9 p.m. EST. The and Federal lands, and increase the required electronic project proposal enjoyment of visitors’ experience by SUMMARY: The Federal Transit template as well as guidance on conserving natural, historical, and Administration (FTA) announces the completing a proposal template can also cultural resources; reducing congestion availability of approximately $24.5 be found on GRANTS.GOV and on the and pollution; improving visitor million in discretionary Fiscal Year (FY) program Web site at http:// mobility and accessibility; enhancing 2010 Paul S. Sarbanes Transit in Parks www.fta.dot.gov/funding/grants/ the visitor experience; and ensuring Program (Transit in Parks Program) grants_financing_6106.html. access to all, including persons with funds. This notice solicits proposals to disabilities. FOR FURTHER INFORMATION: Contact the compete for FY 2010 funds under the appropriate FTA Regional III. Program Information program, which was established by Administrator (Appendix A) for 1. Eligible Applicants Section 3021 of the Safe, Accountable, proposal-specific information and issues Flexible, Efficient, Transportation or the appropriate land management Eligible applicants are Federal land Equity Act: A Legacy For Users agency (Appendix B) for the Paul S. management agencies that manage an (SAFETEA–LU), as amended (49 U.S.C. Sarbanes Transit in Parks Program. For eligible area, including but not limited 5320). The program is administered by general program information, contact to the National Park Service, the Fish FTA in partnership with U.S. Kimberly Sledge, Paul S. Sarbanes and Wildlife Service, the Bureau of Department of Interior (DOI) and the Transit in Parks Program, (202) 366– Land Management, the Forest Service, U.S. Department of Agriculture’s Forest 2053, [email protected]. A TDD and the Bureau of Reclamation; and Service. is available at 1–800–877–8339 (TDD/ State, tribal and local governments with The program funds capital and FIRS). jurisdiction over land in the vicinity of planning expenses for alternative SUPPLEMENTARY INFORMATION: an eligible area, acting with the consent transportation systems such as buses of a Federal land management agency, and trams in federally-managed parks Table of Contents alone or in partnership with a Federal and public lands. Federal land I. Overview land management agency or other management agencies, as well as State, governmental or non-governmental tribal and local governments acting with II. Program Purpose III. Program Information participant. Note: If the applicant is a the consent of a Federal land 1. Eligible Applicants State, tribal, or local government, a management agency are eligible to 2. Eligible Projects letter from the affected unit(s) of the apply. DOI, after consultation with and 3. Cost Sharing and Matching Federal land management agency or in cooperation with FTA, will 4. Proposal Content agencies expressing support for the determine the final selection and 5. Evaluation Criteria project should be submitted with the IV. Technical Assistance and Other Program funding of projects. Geographic project proposal. Proposals with support diversity will be considered when Information Appendix A—FTA Regional Offices letters from the unit of the Federal land allocating funds. This announcement is management agency or agencies will be available on the FTA Web site at: Appendix B—Land Management Agency Contacts weighted more favorably by FTA, DOI, http://www.fta.dot.gov. FTA will and the Forest Service in its evaluation. announce final selections on the Web I. Overview 2. Eligible Projects site and in the Federal Register. A Section 3021 of SAFETEA–LU, as synopsis of this funding opportunity amended, established the Paul S. SAFETEA–LU defines alternative will be posted in the FIND module of Sarbanes Transit in Parks Program transportation as ‘‘transportation by bus, the government-wide electronic grants (Transit in Parks Program) (49 U.S.C. rail, or any other publicly or privately Web site at http://www.grants.gov. 5320). The program is administered by owned conveyance that provides to the DATES: Complete proposals must be FTA in partnership with DOI and the public general or special service on a received by 12 midnight EST on June U.S. Department of Agriculture’s Forest regular basis, including sightseeing 28, 2010. Service. service. This also includes a non- ADDRESSES: Project proposals must be Congestion in and around parks and motorized transportation system submitted electronically through the public lands causes traffic delays, noise, (including the provision of facilities for GRANTS.GOV Web site and applicants and air pollution that substantially pedestrians, bicycles, and non- must be properly registered. Anyone detract from the visitor’s experience and motorized watercraft).’’ intending to apply electronically the protection of natural resources. In The program funds capital and through GRANTS.GOV should initiate August 2001, the U.S. Department of planning expenses for alternative the process of registering on the Transportation and DOI published a transportation systems such as buses GRANTS.GOV site immediately to comprehensive study of alternative and trams in federally-managed parks

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and public lands. A qualified planning year. An award can cover the capital the visitor experience; reduces or capital project is within the vicinity cost of leasing vehicles but not the cost congestion and pollution (including of a federally-owned or managed park, of operations, such as fuel or driver’s noise pollution and visual pollution); or refuge, or recreational area that is open salary. conserves a natural, historical, or to the general public and meets the Project sponsors should also compare cultural resource (excluding goals of the program. Operating the cost effectiveness of providing rehabilitation or restoration of a non- expenses are not eligible under the service versus contracting for service. transportation facility). program. A project proposal may The capital portion of contracted service In order to be considered for funding include up to 15 percent for project is an eligible capital expense under the a project must consist of one or more of administration, contingency, and program. For example, if a public land the eligible activities listed above, meet oversight. As specified in 49 U.S.C. agency contracts with a private bus the definition of alternative 5320(b)(5), the following types of company to provide shuttle service with transportation, and contribute to the projects are eligible: privately owned buses, the portion of goals of the program. the contract that covers the capital a. Planning expense of the buses is an eligible 3. Financial Limitations and Cost Activities to comply with expense under the Transit in Parks Sharing metropolitan and statewide planning Program. Operating expenses are not No one project may receive more than provisions (49 U.S.C. 5320(b)(5)(A) eligible under the program. Project 25 percent of the available funds. referencing 49 U.S.C. 5303, 5304, 5305). sponsors will be asked to compare the Additionally, projects selected for Activities include planning studies for cost-effectiveness of their preferred funding under the Paul S. Sarbanes an alternative transportation system option to other alternatives in the Transit in the Parks Program can be including evaluation of no-build and all financial sustainability portion of the funded at up to 100 percent Federal other reasonable alternatives, traffic proposal. share. studies, visitor utilization studies, The SAFETEA–LU legislation transportation analysis, feasibility includes language allowing eligibility of 4. Proposal Content studies, and environmental studies. ‘‘fixed guideway’’ projects. These are The required electronic project defined as those transportation projects b. Capital proposal template as well as guidance that run on a dedicated right of way, on completing a proposal template can Eligible capital projects include all like a light rail, trolley, bus rapid transit, be found on GRANTS.GOV and on the aspects of ‘‘acquiring, constructing, or any type of ferry system. For these program Web site at http:// supervising, or inspecting equipment or types of projects, eligible projects can www.fta.dot.gov/funding/grants/ a facility for use in public include development of a new fixed grants_financing_6106.html. Proposals transportation, expenses incidental to guideway project; rehabilitation or should not exceed 10 pages (excluding the acquisition or construction modernization of existing fixed the standard form 424) and use 12 pt. (including designing, engineering, guideway systems; and expansion of font. location surveying, mapping, and existing systems. For bus or shuttle acquiring rights-of-way), payments for projects, eligible projects can include 5. Evaluation Criteria the capital portions of rail trackage purchase of buses and related Proposed planning projects will be rights agreements, transit-related equipment; replacement of buses and evaluated based on the following intelligent transportation systems, related equipment; rehabilitation of criteria: relocation assistance, acquiring buses and related equipment; replacement housing sites, and construction of bus-related facilities a. Demonstration of Need acquiring, constructing, relocating, and such as bus shelters; and purchase of (1) Visitor mobility and experience rehabilitating replacement housing.’’ rolling stock that incorporates clean fuel (current or anticipated problem); and Capital projects may include those technology or the replacement of buses (2) Environmental (current or projects operated by an outside entity, of a type in use on August 10, 2005, anticipated problem). such as a public transportation agency, with clean fuel vehicles. b. Methodology for Assessing Visitor state or local government, private The Transit in Parks Program Mobility and Experience Benefits of company engaged in public specifically includes these other eligible Project transportation, or private non-profit capital projects: organization. Projects may also include (1) The capital costs of coordinating (1) Reduced traffic congestion; the deployment/commercialization of Federal land management agency public (2) Enhanced visitor mobility, alternative transportation vehicles that transportation systems with other public accessibility, and safety; and introduce innovative technologies or transportation systems. (3) Improved visitor education, methods. (2) Non-motorized transportation recreation, and health benefits. The capital cost of leasing vehicles is systems (including the provision of c. Methodology for Assessing an eligible expense under the program. facilities for pedestrians, bicycles and Environmental Benefits of Project For vehicle acquisition projects, non-motorized watercraft). sponsors should compare the cost- (3) Water-borne access systems within (1) Protection of sensitive natural, effectiveness of leasing versus or in the vicinity of an eligible area as cultural, and historic resources; and purchasing vehicles. Leasing may be appropriate and consistent with 49 (2) Reduced pollution (air, noise, particularly cost effective in U.S.C. 5320. visual). circumstances in which transit service (4) Any other alternative is only needed during a peak visitation transportation project that enhances the d. Methodology for Assessing Financial period that lasts only a few months. In environment; prevents or mitigates an and Operational Efficiency these cases, leasing a vehicle for a few adverse impact on a natural resource; Sustainability of Alternatives months during the year may be less improves Federal land management (1) Effectiveness in meeting expensive than purchasing a vehicle agency resource management; improves management goals; only used for a few months during the visitor mobility and accessibility and (2) Realistic financial plan;

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(3) Cost effectiveness; and d. Financial Sustainability and IV. Technical Assistance and other (4) Partnering, funding from other Operational Efficiency Program Information sources, and/or innovative financing. (1) Effectiveness in meeting Complete proposals must be Proposed capital projects will be management goals; submitted via GRANTS.GOV by June 28, evaluated based on the following (2) Realistic financial plan; 2010. Frequently asked questions and criteria: other program information are available (3) Cost effectiveness; and a. Demonstration of Need at http://www.fta.dot.gov/atppl. Projects (4) Partnering, funding from other selected for funding will be required to (1) Visitor mobility and experience sources, and/or innovative financing. report quarterly and submit (current or anticipated problem); and A special note on non-motorized performance data to the appropriate (2) Environmental (current or transportation systems: While non- agency. Detailed information on anticipated problem). motorized systems, such as trails, are reporting will be included in the b. Visitor Mobility and Experience eligible under the program, not all non- Federal Register notice announcing Benefits of Project motorized systems will meet the goals of projects selected for funding. Technical the program needed to be considered for assistance regarding the program is (1) Reduced traffic congestion; funding. Like motorized systems, in available by contacting Kimberly (2) Enhanced visitor mobility, order to be considered for funding, non- Sledge, Federal Transit Administration, accessibility, and safety; and motorized systems must reduce or (202) 366–2053, (3) Improved visitor education, mitigate the number of auto trips by [email protected] or the recreation, and health benefits. providing an alternative to travel by appropriate Federal land management private auto. In addition, non-motorized agency contact (see Appendix B). c. Environmental Benefits of Project systems must provide a high degree of Issued in Washington, DC, May 7, 2010. (1) Protection of sensitive natural, connectivity within a transportation Peter Rogoff, cultural, and historic resources; and system. Finally, they should improve Administrator. (2) Reduced pollution (air, noise, safety for motorized and non-motorized visual). transportation system users. Appendix A

FTA REGIONAL AND METROPOLITAN OFFICES

Richard H. Doyle, Regional Administrator, Region 1—Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode Island, and Vermont. Texas. Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 212–668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2—New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Letitia Thompson, Regional Administrator, Region 3—Philadelphia, Terry Rosapep, Regional Administrator, Region 8–Denver, 12300 West 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720–963– 215–656–7100. 3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and Wyoming. Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, D.C. Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006, Tel. 202–219–3562. Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, tree Street, NW,. Suite 800, Atlanta, GA 30303, Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Is- Nevada, and the Northern Mariana Islands. lands. Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952. Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

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Appendix B property from aeronautical use to non- SUMMARY: Under this Notice, the FRA is Federal Land Management Agencies Transit aeronautical use at the Williamsport soliciting applications from interested in Parks Program Contacts Regional Airport, Williamsport, and responsible parties for two grants: Pennsylvania. On April 16, 2010, the (1) To conduct a Locomotive Biofuel • National Park Service: Mark H. Hartsoe, [email protected]; telephone: 202– FAA determined that the request to Study, and (2) to conduct a Study of the 513–7025, fax: 202–371–6675, mail: 1849 C change airport property from Use of Bio-based Technologies Street, NW., (MS2420); Washington, DC aeronautical use to non-aeronautical use (Lubricants) that can be used in 20240–0001 at the Williamsport Regional Airport, locomotives, rolling stock and other rail • Fish and Wildlife Service: Nathan submitted by the Williamsport equipment. _ Caldwell, Nathan [email protected], Municipal Airport Authority (Authority) DATES: FRA will accept applications for telephone: 703–358–2205, fax: 703–358– met the procedural requirements. these grant opportunities until June 7, 2517, mail: 4401 N. Fairfax Drive, Room The following is a brief overview of 634, Arlington, VA 22203 2010. • the request: Forest Service: Floyd Thompson, The Williamsport Regional Airport ADDRESSES: Applications must be [email protected], telephone: 202– submitted electronically to http:// 205–1423, mail: 1400 Independence Authority (Authority) requests the change of real property totaling 24.37 www.grants.gov (‘‘Grants.gov’’). Avenue, SW., Washington, DC 20250–1101 Grants.gov allows organizations • Bureau of Land Management: Victor F. acres, of aeronautical airport property to Montoya, [email protected], non-aeronautical property. The property electronically to find and apply for telephone: 202–912–7041, mail: 1620 L is located on the northwest corner of the competitive grant opportunities from all Street, WO–854, Washington, DC 20036 airport property. The purpose of this Federal grant-making agencies. Any [FR Doc. 2010–11474 Filed 5–12–10; 8:45 am] change in use is to allow the Authority entity wishing to submit an application pursuant to this notice should BILLING CODE 4910–57–P to lease the subject land that does not serve any aeronautical purpose at the immediately initiate the process of airport to the Sooner Pipe Company, registering with Grants.gov at http:// DEPARTMENT OF TRANSPORTATION LLC (Sooner). Sooner will use the www.grants.gov. For application subject property for pipe delivery, materials that an applicant is unable to Federal Aviation Administration threading, storage and shipping to sites submit via Grants.gov, applicants may in the northeastern United States. The submit an original and two (2) copies to Notice of Intent to Rule on Request for proposed use of the subject property is the Federal Railroad Administration at a Change in Use of Aeronautical compatible with the airport operations. the following address: Federal Railroad Property at the Williamsport Regional There are no impacts to the Airport and Administration, Attention: Melissa Airport, Williamsport, PA the land is not needed for aeronautical Shurland, Office of Research and Development, Mail Stop 20, Room AGENCY: Federal Aviation development as shown on the Airport W36–429, 1200 New Jersey Avenue, SE., Administration (FAA), DOT. Layout Plan. The Authority will collect fair market value lease rates for the Washington, DC 20590. Due to delays ACTION: Notice of request for a Change caused by enhanced screening of mail in Use of Aeronautical Property. subject property. Any proceeds from the lease of property are to be used for the delivered via the U.S. Postal Service, applicants are encouraged to use other SUMMARY: The FAA proposes to rule and capital and operating costs of the invite public comment for a change in airport. means to assure timely receipt of airport property from aeronautical use Any person may inspect the request materials. to non-aeronautical use at the by appointment at the FAA office FOR FURTHER INFORMATION CONTACT: Williamsport Regional Airport, address listed above. Interested persons Melissa Shurland, Office of Research Williamsport, Pennsylvania. are invited to comment on the proposed and Development, Federal Railroad DATES: Comments must be received on release from obligations. All comments Administration, 1200 New Jersey or before June 14, 2010. will be considered by the FAA to the Avenue, SE., Washington, DC 20590; extent practicable. Phone: (202) 493–1316 or Jennifer ADDRESSES: Comments on this application may be mailed or delivered Issued in Camp Hill, Pennsylvania, April Capps, Grants Officer, Office of to the following address: Thomas J. 27, 2010. Acquisition and Grants Services Hart, Executive Director, Williamsport Lori K. Pagnanelli, (RAD–50), Federal Railroad Municipal Airport Authority, Manager, Harrisburg Airports District Office. Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590; Williamsport Regional Airport, 700 [FR Doc. 2010–11509 Filed 5–12–10; 8:45 am] Phone: (202) 493–0112. Airport Road, Montoursville, PA 17754; BILLING CODE 4910–13–P and at the FAA Harrisburg Airports SUPPLEMENTARY INFORMATION: Title IV, District Office: Lori K. Pagnanelli, Section 404 of the Passenger Rail Manager, Harrisburg Airports District DEPARTMENT OF TRANSPORTATION Investment and Improvement Act, 2008 Office, 3905 Hartzdale Dr., Suite 508, (Division B of Pub. L. 110–432) Federal Railroad Administration Camp Hill, PA 17011. authorized the FRA, in consultation with the Secretary of Energy and FOR FURTHER INFORMATION CONTACT: Rick Solicitation of Applications and Notice Administrator of the Environmental Harner, Program Manager Harrisburg of Funding Availability for the FRA Protection Agency, to conduct a Airports District Office location listed Railroad System Issues Research and ‘‘Locomotive Biofuel Study.’’ This study above. Development Program will focus on determining the extent to The request for the change of use may AGENCY: Federal Railroad which freight railroads, Amtrak, and be reviewed in person at this same other passenger rail operators could use location. Administration (FRA), Department of Transportation (DOT). biofuel blends to power locomotives SUPPLEMENTARY INFORMATION: The FAA and other vehicles that can operate on ACTION: Notice of funding availability; proposes to rule and invite public diesel fuel, as appropriate. Additionally, solicitation for applications. comment for a change in airport Section 405 of the Passenger Rail

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Investment and Improvement Act, 2008 determined through locomotive testing, funding from other sources that is (Division B of Pub. L.110–432) using various biofuel blends and diesel committed by a grantee as part of a grant authorized the FRA to conduct a ‘‘Study fuel. This research shall be done so that agreement, must be sufficient to of the Use of Bio-based Technologies.’’ recommendations can be made for complete the funded project. The study will focus on the feasibility premium locomotive biofuel blends. Schedule for Locomotive Biofuel of using readily biodegradable The second study will focus on Study and the Study of the Use of Bio- lubricants for freight and passenger testing the feasibility of using bio-based based Technologies: FRA will begin railroad locomotives, rolling stock, or lubricants in locomotive, rolling stock accepting grant applications other equipment. The two grants, and other equipment. This study shall immediately. Applicants must specify ‘‘Locomotive Biofuel Study’’ and the consist of the following: (1) An analysis the specific grant for which they are ‘‘Study of the Use of Bio-based of the potential use of soy-based grease applying, i.e. ‘‘Locomotive Biofuel Technologies,’’ together, will be and soy-based hydraulic fluids to Study,’’ or the ‘‘Study of the Use of Bio- supported with a total of up to $700,000 perform according to railroad industry based Technologies.’’ Applications must of Federal funds provided to FRA as standards; (2) an analysis of the be submitted by Monday, June 7, 2010. part of the Transportation, Housing and potential use of other readily Due to the limited funding available Urban Development, and Related biodegradable lubricants to perform under this program: (1) Applicants are Agencies Appropriations Act, 2010 according to railroad industry encouraged to submit their applications (Division A of Pub. L. 111–117 standards; (3) a comparison of the at the earliest date practicable in order (December 16, 2009)). Eligible projects health and safety of petroleum-based to maximize the consideration of their will include dynamic testing of lubricants with bio-based lubricants, application in the competition; and (2) locomotives, rolling stock and other rail which shall include an analysis of fire FRA may request that an applicant equipment, with various biofuel blends safety; (4) a comparison of the submit a revised application reflecting a as fuel; or bio-based lubricants being environmental impact of petroleum- refined scope of work and budget. FRA utilized in the appropriate equipment based lubricants with bio-based anticipates making the first award(s) components to verify the effectiveness lubricants, which shall include the rate pursuant to this notice during FY 2010. of the fuel or lubricant, in comparison and effects of biodegradability; (5) a Eligible Participants: For the to their equivalent petroleum-based comparison of the performance of the locomotive biofuel study, any products. FRA anticipates that no bio-based lubricant in comparison to responsible entity with knowledge of further public notice will be made with petroleum-based lubricants; and (6) a biofuel blends and their applicable use respect to selecting grantees under this study of the effects of the bio-based as fuel for locomotives, and the ability program. lubricants on railroad equipment to determine and/or analyze the energy Purpose: The volatility of the price of components in comparison to content, specification and chemical petroleum-based products in recent petroleum-based lubricants. properties of biofuel, is eligible to apply. years and the negative impact of their Authority: The authority for the Eligible participants must show their use on the environment has caused end- research can be found in the Passenger ability to conduct dynamic tests of users to consider alternatives to these Rail Investment and Improvement Act, locomotive to acquire fuel consumption, products. Currently in the railroad 2008, (Division B of Pub. L. 110–432, engine wear, and emissions, of various industry petroleum-based fuel and (October 16, 2008)). biofuel blends. lubricants are used in various Funding: Pursuant to the Section 405 provides that FRA work components of rail equipment and Transportation, Housing and Urban with an agricultural-based lubricant rolling stock, such as locomotive Development, and Related Agencies testing facility or facilities to complete engines, equipment gear cases and Appropriations Act, 2010, (Division A the study of the use of bio-based housings. Fuel and lubricants that are of Pub. L. 111–117 (December 16, 2009)) lubricants. Eligible participants for the bio-based come from a renewable $3,000,000 is available for the railroad bio-based lubricant study must be source, may be environmentally benign, system issues research and development knowledgeable and experienced in and can help reduce the railroad program, and the Act authorizes FRA to research, development and testing of industry’s dependence on imported oil. engage in research, development and bio-based lubricants, knowledge of The FRA wishes to conduct the two demonstration activities relating to petroleum-based lubricant use in studies on the feasibility of using railroad system safety, performance- railroad, and the ability to conduct various biofuel blends and bio-based based regulations, railroad systems and accurate analyses of biodegradability, lubricants in railroad equipment. infrastructure security, railroad and the health and safety impact, One study will test the feasibility of environmental issues, and locomotive including fire safety of lubricants. using biofuel blends as locomotive research and development. Up to Additionally, the applicant must show engine fuel. For the biofuel study, FRA $700,000 of the railroad system issues ability to a conduct dynamic test of the wishes to consider (1) the energy research and development program bio-based lubricants in railroad intensity of various biofuel blends funds will be used to support the equipment. compared to diesel fuel; studies of the feasibility of using biofuel Dynamic testing of the biofuel blends (2) environmental and energy effects of blends and bio-based lubricants in and bio-based lubricants can be using various biofuel blends compared locomotives, rolling stock or other accomplished in collaboration with a to diesel fuel, including emission equipment. The funding provided under third party, but any such third party effects; (3) the cost of purchasing biofuel this grant will be made available to must be identified in the grant blends; (4) whether sufficient biofuel is grantees on a reimbursement basis. It is application proposed statement of work. readily available; (5) any public benefits anticipated that the available funding Eligible Projects: Eligible projects derived from the use of such fuels; and could support the projects proposed by must be for the primary benefit of (6) the effect of biofuel use on multiple applicants. FRA may choose to determining the feasibility of utilizing locomotive and other vehicle award a grant or grants within the biofuel blends or bio-based lubricants in performance and warranty available funds in any amount. Funding locomotive, rolling stock and other rail specifications. Locomotive engine made available through a grant provided equipment. Only new projects will be performance and emissions shall be under this program, together with eligible; projects that have either

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commenced before the time of award or total cost of the project into the confirm that the application was have been completed will not be following categories: (a) Direct Costs received and a subsequent e-mail will considered. Matching funding must be (such as labor, materials, equipment be sent within 24–48 hours indicating in the form of new financial and/or procurement fees, engineering whether the application was validated commitments toward the proposed fees, testing facilities fees, actual testing or rejected by the system. project by the applicant and/or its fees, and inspection fees); (b) Other DATES: Complete proposals for the partners. Direct Costs (such as travel); and (c) discretionary program announced in Selection Criteria: The following will General and Administrative Costs. this Notice must be submitted by June be considered to be positive selection Format: Excluding spreadsheets, 28, 2010. factors in evaluating applications for drawings, and tables, the narrative ADDRESSES: Proposals must be grants under this program: (1) The statement for grant applications may not submitted electronically through the ability of the proposed project to result exceed fifty pages. All application GRANTS.GOV Web site. Anyone directly in evaluating the effectiveness materials should be submitted as intending to apply electronically of biofuel blends and bio-based attachments through Grants.Gov. through GRANTS.GOV should initiate lubricant as an alternative to petroleum- Spreadsheets consisting of budget or the process of registering on the based fuels and lubricants, including, financial information should be GRANTS.GOV site immediately to but not limited to, testing and analyses submitted via Grants.Gov as Microsoft ensure completion of registration before of the biofuel blends or bio-based Excel (or compatible) documents. the deadline for submission. Applicants lubricants to perform in accordance Issued in Washington, DC, on May 7, 2010. applying for funding under the Tribal with railroad industry standards; (2) Paul Nissenbaum, Transit Program may apply through comparison of biofuel blends or bio- GRANTS.GOV or via e-mail at based lubricant with petroleum-based Acting Associate Administrator, Railroad Policy and Development, Federal Railroad [email protected]. lubricants in relation to their To apply for funding through environmental, health and safety Administration. [FR Doc. 2010–11510 Filed 5–12–10; 8:45 am] GRANTS.GOV, applicants must be impact, and the effects of the biofuel properly registered. Complete BILLING CODE 4910–06–P blends or bio-based lubricants on the instructions on how to register and equipment parts and components; (3) submit applications can be found at the ability to conduct dynamic testing of DEPARTMENT OF TRANSPORTATION http://www.grants.gov. If interested the biofuel blends or bio-based lubricant parties experience difficulties at any in railroad equipment in controlled Federal Transit Administration point during the registration or environment and/or revenue service application process, please call the conditions; and (4) the ability to provide Public Transportation on Indian GRANTS.GOV Customer Support matching funds or in-kind Reservations Program; Tribal Transit Hotline at 1–800–518–4726, Monday– contributions, which can be provided by Program Friday from 7 a.m. to 9 p.m. EST. a third party; however, the grantee is Registering with GRANTS.GOV is a one- AGENCY: Federal Transit Administration responsible for ensuring their time process; however, processing (FTA), DOT. availability. delays may occur and it can take up to Requirements for Grant Applications: ACTION: Notice of Funding Availability: several weeks for first-time registrants to The following points describe the Solicitation of Grant Proposals for FY receive confirmation and a user minimum content which will be 2010 Tribal Transit Program Funds. password. It is highly recommended required in grant applications. These SUMMARY: This notice announces the that applicants start the registration requirements may be satisfied through a process as early as possible to prevent narrative statement submitted by the availability of $15,074,963 million in delays that may preclude submitting an applicant, supported by spreadsheet funding provided by the Public application by the deadlines specified. documents, tables, drawings, and other Transportation on Indian Reservations Applications will not be accepted after materials, as appropriate. Each grant Program (Tribal Transit Program (TTP)), the relevant due date; delayed application will: (1) Designate a point of a program authorized by the Safe, registration is not an acceptable reason contact for the applicant, including Accountable, Flexible, Efficient for extensions. Accordingly, you are phone number, mailing address and e- Transportation Equity Act: A Legacy for urged to submit your application at least mail address. (2) Include a complete Users (SAFETEA–LU), Section 3013(c). 72 hours prior to the due date of the Standard Form 424, ‘‘Application for This notice is a national solicitation for application to allow time to receive the Federal Assistance,’’ and, as applicable, grant proposals and it includes the Standard Form 424B, ‘‘Assurances— selection criteria and program eligibility validation message and to correct any Non-Construction Programs.’’ Also information for FY 2010 projects. problems that may have caused a include signed copies of FRA’s This announcement is available on rejection notification. Additional Assurances and the FTA Web site at: http:// FOR FURTHER INFORMATION CONTACT: Certifications, available at http:// www.fta.dot.gov. FTA will announce Contact the appropriate FTA Regional www.fra.dot.gov/downloads/admin/ final selections on the Web site and in Administrator (Appendix A) for assurancesandcertifications.pdf. (3) the Federal Register. A synopsis of the proposal-specific information. For Identify and provide background funding opportunity will be posted in general program information, contact information on the bio-based lubricant the FIND module of the government- Lorna Wilson, Tribal Transit Program, technology, its application(s), and wide electronic grants Web site at (202) 366–0893, e-mail: benefits. (4) Define the scope of work for http://www.grants.gov. Applicants [email protected]. A TDD is the proposed project and the anticipated proposing projects for funding under available at 1–800–877–8339 (TDD/ project schedule. Describe the proposed TTP may apply through GRANTS.GOV FIRS). project’s physical location (as or via e-mail at SUPPLEMENTARY INFORMATION: applicable). (5) Present a detailed [email protected]. Those who budget for the proposed project. At a apply via GRANTS.GOV should receive Table of Contents minimum, the budget should separate two confirmation e-mails. The first will I. Overview

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II. Program Purpose 2. Eligible Projects b. Technical, Legal, and Financial III. Program Information Capacity To Implement the Proposed 1. Eligible Applicants Grants can be awarded to recipients Project 2. Eligible Projects located in rural and small urban areas Tribes that cannot demonstrate 3. Cost Sharing and Matching with populations under 50,000 not adequate capacity in technical, legal and 4. Proposal Content identified as an urbanized area by the 5. Evaluation Criteria financial areas will not be considered IV. Technical Assistance and Other Program Bureau of the Census and may be used for funding. Every proposal must Information for public transportation capital describe the Tribe’s technical, legal, and Appendix A FTA Regional Offices projects, operating costs of equipment financial capacity to implement the Appendix B Tribal Transit Program and facilities for use in public proposed project. Technical Assistance Contacts transportation, planning, and the (i) Technical Capacity: Provide I. Overview acquisition of public transportation examples of the Tribe’s management of services, including service agreements other Federal projects. What resources Section 3013 of SAFETEA–LU, [Pub. with private providers of public does the Tribe have to implement a L. 109–59 (August 10, 2005)] amended transportation services. Under DOT transit project? 49 U.S.C. 5311(c) by establishing the Americans with Disabilities Act of 1990 (ii) Legal Capacity: Provide Public Transportation on Indian (ADA) regulations, public fixed route documentation or other evidence to Reservations Program (Tribal Transit operators are required to provide ADA show that the applicant is a Federally Program) (TTP). This program complementary paratransit service to recognized Tribe and an authorized authorizes direct grants ‘‘under such individuals who are unable to use fixed representative to execute legal terms and conditions as may be route due to their disability or a fixed agreements with FTA on behalf of the established by the Secretary’’ to Indian route being inaccessible. Coordinated Tribe. If applying for capital or Tribes for any purpose eligible under human service transportation that operating funds, does the Tribe have FTA’s Nonurbanized Area Formula appropriate Federal or State operating Program, 49 U.S.C. 5311 (Section 5311 primarily serves elderly persons and persons with disabilities, but that is not authority? program). A total of $15,074,963 million (iii) Financial Capacity: Does the is currently available for discretionary restricted from carrying other members Tribe have adequate financial systems allocation. of the public, is considered available to in place to receive and manage a Federal the general public if it is marketed as II. Program Purpose grant? Describe the Tribe’s financial public transportation. Examples of systems and controls. TTP funds are to be allocated for eligible TTP projects are start-up grants to Federally recognized Indian service, enhancement or expansions of c. Project Information Tribes for any purpose eligible under existing services, purchase of transit (i) Budget: Provide the Federal the Section 5311 program. The capital items including vehicles, and amount requested for each purpose for Conference Report that accompanied planning or operational planning grants. which funds are sought and any funding SAFETEA–LU indicated that the funds from other sources that will be 3. Cost Sharing and Matching set aside for Indian Tribes in the TTP provided. A Tribe may allow up to are not meant to replace or reduce funds Projects selected for funding under fifteen percent of the grant award for that Indian Tribes receive from States the TTP can be funded up to 100 planning and the indirect cost should be through FTA’s Section 5311 program. percent Federal share. at a rate of ten percent. TTP funds are meant to complement (ii) Project Description: Indicate the any 5311 funds that applicants may be 4. Proposal Content category for which funding is requested; receiving. These funds will be i.e., start-ups, enhancements or competitively allocated to support The following information must replacements of existing transit services planning, capital, and operating accompany all requests for TTP funding. or planning studies or operational assistance for Tribal public transit a. Proposal Information planning grants. Provide a summary services. Geographic diversity will be description of the proposed project and considered during the allocation of TTP (i) Name of Federally recognized how it will be implemented (e.g., funds. Tribe and, if appropriate, the specific number and type of vehicles, service Tribal agency submitting the area, schedules, type of services, fixed III. Program Information application. route or demand responsive), route 1. Eligible Applicants (ii) Dun and Bradstreet (D&B) Data miles (if fixed route), major origins and destinations, population served, and Universal Numbering System (DUNS) Eligible applicants include Federally- whether the Tribe provides the service number if available. (Note: If selected, recognized Indian Tribes or Alaska directly or contracts for services and applicant will be required to provide Native villages, groups, or communities how vehicles will be maintained. as identified by the Bureau of Indian DUNS number prior to grant award). (iii) Project Timeline: Include Affairs (BIA) in the U.S. Department of (iii) Contact information including: significant milestones such as date of the Interior (DOI). To be an eligible Contact name, title, address, contract for purchase of vehicle(s), recipient, a Tribe must have the congressional district, fax and phone actual or expected delivery date of requisite legal, financial and technical number, and e-mail address if available. vehicles, and service start-up dates. capabilities to receive and administer Federal funds under this program. To (iv) Description of public 5. Evaluation Criteria transportation services including areas verify Federal recognition a Tribe may FTA will divide proposals into three currently served by the Tribe, if any. submit a copy of the most up-to-date categories for evaluation. The three Federal Register notice published by (v) Name of person(s) authorized to evaluation categories are as follows: DOI, BIA: Entities Recognized and apply on behalf of the Tribe (signed • Start-ups—Proposals for funding of Eligible to Receive Service from the transmittal letter) must accompany the new transit service include capital, United States Bureau of Indian Affairs. proposal. operating, administration, and planning.

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• Existing transit services—Proposals (d) Describe how the proposed service section 5311, section 5310, or section for funding of enhancements or complements rather than duplicates any 5309 Bus and Bus Facilities. expansion of existing transit services currently available services. For existing services, the proposal include capital, operating, (e) Describe the implementation should show how TTP funding will administration, and planning. schedule for the proposed project, supplement (not duplicate or replace) • Planning—Proposals for planning including time frame, staffing, current funding sources. If the transit include funding of transit planning procurement, etc. system was previously funded under studies and/or operational planning. (f) Describe any other planning or section 5311 through the State’s Applications will be grouped into coordination efforts that were not apportionment, describe how requested their respective category for review and mentioned above. TTP funding will expand available scoring purposes. (iii) Demonstration of Need: services. In this section, the proposal should Describe any other resources the Tribe a. Evaluation Criteria for Start-up and demonstrate the transit needs of the will contribute to the project, including Existing Transit Service Proposals Tribe and discuss how the proposed in-kind contributions, commitments of In this section, the applicant should transit improvements will address the support from local businesses, describe how the proposed project was identified transit needs. Proposals may donations of land or equipment, and developed and demonstrate that there is include information such as human resources, and describe to what a sound basis for the project and that it destinations and services not currently extent the new project or funding for is ready to implement if funded. accessible by transit, need for access to existing service leverages other funding. Proposals will be rated whether there is jobs or health care, special needs of the The Tribe should show its ability to a sound basis for the proposal and if it elderly and individuals with manage programs by demonstrating the is ready to implement. Information may disabilities, income-based community existing programs it administers in any vary depending upon whether a Tribe needs, or other mobility needs. area of expertise such as human has a formal plan that includes transit Based on the information provided, services. Based upon the information (as described in subsections (i) and (ii) the proposals will be rated on whether provided, the proposals will be rated on below). there is a demonstrated need for the the extent to which the proposal (i) Project Planning and Coordination project and how well does the project demonstrates that: without a Formal Plan Should Consider fulfill the need. a. This project provides new services and Address the Following Areas: (iv) Benefits of Project: or complements existing service; (a) Provide a detailed project In this section, proposals should b. TTP funding does not replace description including the proposed identify expected project benefits. existing funding; service, vehicle and facility needs, and Possible examples include increased c. The Tribe has or will provide non- other pertinent characteristics of the ridership and daily trips, improved financial support to project; proposed service implementation. service, improved operations and d. The Tribe has demonstrated ability (b) Identify existing transportation coordination, and economic benefits to to provide other services or manage services available to the Tribe and the community. other programs; and discuss whether the proposed project Benefits can be demonstrated by e. Project funds are used in will provide opportunities to coordinate identifying the population of Tribal coordination with other services for service with existing transit services, members and non-Tribal members in efficient utilization of funds. including human service agencies, the proposed project service area and intercity bus services, or other public estimating the number of daily one-way b. Evaluation Criteria for Planning transit providers. trips the transit service will provide and Proposals (c) Discuss the level of support either or the number of individual riders. For planning grants, the application by the community and/or Tribal There may be many other, less should describe, in no more than three government for the proposed project. quantifiable, benefits to the Tribe and pages, the need for and a general scope (d) Describe the implementation surrounding community from this of the proposed study. schedule for the proposed project, such project. Please document, explain or The application should address the as time frame, staffing, and show the benefits in whatever format is following: procurement. reasonable to present them. a. Is the Tribe committed to planning ii. Project Planning and Coordination Based on the information provided for transit? with a Formal Plan Should Consider proposals will be rated based on four b. Is the scope of the proposed study and Address the Following Areas: factors: for Tribal transit? (a) Describe the planning document a. Will the project improve transit c. Note on Continuation Projects and/or the planning process conducted efficiency or increase ridership? to identify the proposed project. b. Will the project improve mobility If an applicant is requesting FY 2010 (b) Describe how the mobility and for the Tribe? funding to continue a project funded client-access needs of Tribal human c. Will the project improve access to previously with prior year resources, service agencies were considered in the important destinations and services? Tribes must demonstrate that their planning process. d. Are there other qualitative benefits? project(s) are in an active status to (c) Describe what opportunities for (v) Financial Commitment and receive additional funding. Along with public participation were provided in Operating Capacity: the criteria listed in Section 111.5.a, the planning process and how the In this section, the proposal should proposals should state that the applicant proposed transit service or existing identify any other funding sources used is a current TTP grantee and provide service has been coordinated with by the Tribe to support existing or information on their transit project(s) transportation provided for the clients proposed transit services, including status including services now being of human service agencies, with human service transportation funding, provided and how the new funding will intercity bus transportation in the area, Indian Reservation Roads, or other FTA complement the existing service. Please or with any other rural public transit programs such as Job Access and provide any data that would be helpful providers. Reverse Commute, New Freedom, to project evaluators, i.e., ridership,

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increased service hours, extended Programs.’’ FTA will consider development by contacting their FTA service routes, stops, etc. If you received applications for funding only from regional Tribal liaison, or the National a planning grant in previous fiscal years, eligible recipients for eligible projects Rural Transportation Assistance please indicate the status of your listed in Section 3. Due to funding Program office. Contact information for planning study and how this project limitations, applicants that are selected technical assistance can be found in relates to that study. for funding may receive less than the Appendix B. amount requested. IV. Technical Assistance and Other Complete applications must be Issued in Washington, DC, on May 7, 2010. Program Information submitted through GRANTS.GOV or via Peter Rogoff, This program is not subject to e-mail at [email protected] by Administrator. Executive Order 12372, June 28, 2010. Applicants may receive ‘‘Intergovernmental Review of Federal technical assistance for application Appendix A

FTA REGIONAL AND METROPOLITAN OFFICES

Richard H. Doyle, Regional Administrator, Region 1–Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6–Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico and Rhode Island, and Vermont. Texas. Brigid Hynes-Cherin, Regional Administrator, Region 2–New York, One Mokhtee Ahmad, Regional Administrator, Region 7–Kansas City, MO, Bowling Green, Room 429, New York, NY 10004–1415, Tel. 212– 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska. New York Metropolitan Office, Region 2–New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202. Letitia Thompson, Regional Administrator, Region 3–Philadelphia, 1760 Terry Rosapep, Regional Administrator, Region 8–Denver, 12300 West Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215– Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720–963– 656–7100. 3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and, Wyoming. Philadelphia Metropolitan Office, Region 3–Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, DC Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006, Tel. 202–219–3562. Yvette Taylor, Regional Administrator, Region 4–Atlanta, 230 Peach- Leslie T. Rogers, Regional Administrator, Region 9–San Francisco, tree Street, NW., Suite 800, Atlanta, GA 30303, Tel. 404–865–5600. 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Is- Nevada, and the Northern Mariana Islands. lands. Los Angeles Metropolitan Office, Region 9–Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952. Marisol Simon, Regional Administrator, Region 5–Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10–Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5–Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

Appendix B Tribal Technical Assistance Program at Hampshire, New Jersey, New York, North Colorado State University Carolina, Ohio, Pennsylvania. Technical Assistance Contacts Ronald Hall, Rockwell Hall, Room 321, Northern Plains Tribal Technical Assistance Alaska Tribal Technical Assistance Program Colorado State University, Fort Collins, CO Program 80523–1276. (800) 262–7623. (970) 491– Kim Williams, University of Alaska, Dennis Trusty, United Tribes Technical Fairbanks, P.O. Box 756720, Fairbanks, AK 3502. [email protected]. http:// College, 3315 University Drive, Bismarck, ND ttap.colostate.edu/. Service area: Arizona, 99775–6720. (907) 842–2521. (907) 474– 58504. (701) 255–3285 ext. 1262. (701) 530– Colorado, New Mexico, Utah. 5208. [email protected]. http:// 0635. [email protected]. http:// community.uaf.edu/~alaskattac. Service Tribal Technical Assistance Program (TTAP) www.uttc.edu/forum/ttap/ttap.asp. Service area: Alaska. area: Montana (Eastern), Nebraska Bernie D. Alkire, 301–E Dillman Hall, (Northern), North Dakota, South Dakota, National Indian Justice Center Michigan Technological University, 1400 Wyoming. Townsend Drive, Houghton, MI 49931–1295. Raquelle Myers, 5250 Aero Drive, Santa (888) 230–0688. (906) 487–1834. Northwest Tribal Technical Assistance Rosa, CA 95403. (707) 579–5507 or (800) [email protected]. http://www.ttap.mtu.edu/. Program 966–0662. (707) 579–9019. [email protected]. Service area: Alabama, Arkansas, Richard A. Rolland, Eastern Washington http://www.nijc.org/ttap.html. Service area: Connecticut, Delaware, Florida, Georgia, University, Department of Urban Planning, California, Nevada. Illinois, Indiana, Iowa, Kentucky, Louisiana, Public & Health Administration, 216 Isle Maine, Maryland, Massachusetts, Michigan, Hall, Cheney, WA 99004. (800) 583–3187. Minnesota, Mississippi, Missouri, New (509) 359–7485. [email protected]. http://

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www.ewu.edu/TTAP/. Service area: Idaho, establishes a program targeting the 21030774 (Colombia); (INDIVIDUAL) Montana (Western), Oregon, Washington. activities of significant foreign narcotics [SDNTK] Tribal Technical Assistance Program at traffickers and their organizations on a 4. JIMENEZ URREGO, Carmen Rosa, Oklahoma State University: worldwide basis. It provides a statutory c/o FIMESA DE COLOMBIA S.A., James Self, Oklahoma State University, framework for the President to impose Bogota, Colombia; c/o C.I. STONES 5202 N. Richmond Hills Road, Stillwater, OK sanctions against significant foreign AND BYPRODUCTS TRADING S.A., 74078–0001. (405) 744–6049. (405) 744– narcotics traffickers and their Bogota, Colombia; c/o PROMOTORA DE 7268. [email protected]. http:// organizations on a worldwide basis, MATERIAS PRIMAS ORGANICAS DEL ttap.okstate.edu/. Service area: Kansas, with the objective of denying their TOLIMA LTDA, Bogota, Colombia; DOB Nebraska (Southern), Oklahoma, Texas. businesses and agents access to the U.S. 23 Aug 1965; Citizen Colombia; Cedula Other Technical Assistance Resources financial system and the benefits of No. 51788462 (Colombia); Passport trade and transactions involving U.S. AI822940 (Colombia); (INDIVIDUAL) National RTAP (National Rural Transit companies and individuals. [SDNTK] Assistance Program) The Kingpin Act blocks all property 5. URREGO ESCUDERO, Carlos Contact: Rob Tassinari, 709 Main Street, and interests in property, subject to U.S. Agustin, Colombia; DOB 19 Feb 1976; Waltham, MA 02451. Telephone: (888) 589– jurisdiction, owned or controlled by Citizen Colombia; Cedula No. 79928745 6821. http://www.nationalrtap.org. significant foreign narcotics traffickers (Colombia); Passport AF392658 Community Transportation Association of as identified by the President. In (Colombia); (INDIVIDUAL) [SDNTK] America addition, the Secretary of the Treasury 6. RINCON MOLINA, Jose Manuel, The Resource Center—800–891–0590. consults with the Attorney General, the Bogota, Colombia; Cedula No. 11299940 http://www.ctaa.org/. Director of the Central Intelligence (Colombia); (INDIVIDUAL) [SDNTK] [FR Doc. 2010–11476 Filed 5–12–10; 8:45 am] Agency, the Director of the Federal 7. PEREZ CORDOBA, Jose Maria, BILLING CODE 4910–57–P Bureau of Investigation, the Bogota, Colombia; Cedula No. 93085488 Administrator of the Drug Enforcement (Colombia); (INDIVIDUAL) [SDNTK] Administration, the Secretary of 8. QUIMBAYO CABEZAS, Elsa, DEPARTMENT OF THE TREASURY Defense, the Secretary of State, and the Bogota, Colombia; Citizen Colombia; Secretary of Homeland Security when Cedula No. 65550166 (Colombia); Office of Foreign Assets Control designating and blocking the property (INDIVIDUAL) [SDNTK] and interests in property, subject to U.S. 9. CASTILLO RODRIGUEZ, Flor Additional Designations, Foreign jurisdiction, of persons who are found Nelsy, Bogota, Colombia; Citizen Narcotics Kingpin Designation Act to be: (1) Materially assisting in, or Colombia; Cedula No. 38260687 providing financial or technological (Colombia); (INDIVIDUAL) [SDNTK] AGENCY: Office of Foreign Assets 10. BALLEN SOLANO, German, Control, Treasury. support for or to, or providing goods or services in support of, the international Bogota, Colombia; DOB 13 Sep 1958; ACTION: Notice. narcotics trafficking activities of a Citizen Colombia; Cedula No. 11254250 (Colombia); (INDIVIDUAL) [SDNTK] SUMMARY: The Treasury Department’s person designated pursuant to the Kingpin Act; (2) owned, controlled, or 11. GUTIERREZ LARA, Mario Office of Foreign Assets Control Alejandro, Bogota, Colombia; Cedula (‘‘OFAC’’) is publishing the names of 19 directed by, or acting for or on behalf of, a person designated pursuant to the No. 93086968 (Colombia); individuals and 12 entities whose (INDIVIDUAL) [SDNTK] property and interests in property have Kingpin Act; or (3) playing a significant role in international narcotics 12. GUTIERREZ LARA, Liliana Paola, been blocked pursuant to the Foreign Bogota, Colombia; DOB 16 May 1983; Narcotics Kingpin Designation Act trafficking. On May 6, 2010, the Director of OFAC Citizen Colombia; Cedula No. 65557064 (‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 (Colombia); (INDIVIDUAL) [SDNTK] U.S.C. 1182). designated 19 individuals and 12 entities whose property and interests in 13. JIMENEZ URREGO, Luz Marina, DATES: The designation by the Director property are blocked pursuant to section c/o C.I. STONES AND BYPRODUCTS of OFAC of the 19 individuals and 12 805(b) of the Foreign Narcotics Kingpin TRADING S.A., Bogota, Colombia; c/o entities identified in this notice Designation Act. C.I. AGROINDUSTRIAL DE MATERIAS pursuant to section 805(b) of the The list of additional designees is as PRIMAS ORGANICAS LTDA, Bogota, Kingpin Act is effective on May 6, 2010. follows: Colombia; c/o MERCADO DE VALORES FOR FURTHER INFORMATION CONTACT: INTEGRADOS LTDA, Bogota, Colombia; Assistant Director, Compliance Individuals c/o JUAN SEBASTIAN Y CAMILA Outreach & Implementation, Office of 1. JIMENEZ URREGO, Maria ANDREA JIMENEZ RAMIREZ Y CIA Foreign Assets Control, Department of Mercedes, c/o NEGOCIAMOS MCM S.C.S., Bogota, Colombia; c/o the Treasury, Washington, DC 20220, LTDA, Bogota, Colombia; DOB 16 Jul COMUNICACIONES ELYON, Bogota, tel.: (202) 622–2490. 1968; Citizen Colombia; Cedula No. Colombia; DOB 05 Feb 1962; Citizen SUPPLEMENTARY INFORMATION: 51921171 (Colombia); (INDIVIDUAL) Colombia; Cedula No. 39526273 [SDNTK] (Colombia); Passport AJ582409 Electronic and Facsimile Availability 2. JIMENEZ URREGO, Jorge Enrique, (Colombia); (INDIVIDUAL) [SDNTK] This document and additional Bogota, Colombia; DOB 13 Jan 1957; 14. BALLEN SOLANO, Manuel information concerning OFAC are Citizen Colombia; Cedula No. 73073242 Humberto, Bogota, Colombia; DOB 22 available on OFAC’s Web site (http:// (Colombia); Passport AK353217 Sep 1956; Citizen Colombia; Cedula No. www.treas.gov/ofac) or via facsimile (Colombia); Passport AJ096613 19295921 (Colombia); (INDIVIDUAL) through a 24-hour fax-on demand (Colombia); (INDIVIDUAL) [SDNTK] [SDNTK] service, tel.: (202) 622–0077. 3. JIMENEZ URREGO, Blanca 15. RAMIREZ BONILLA, Gloria Ines, Virginia, c/o JUAN SEBASTIAN Y c/o C.I. STONES AND BYPRODUCTS Background CAMILA ANDREA JIMENEZ RAMIREZ TRADING S.A., Bogota, Colombia; c/o The Kingpin Act became law on Y CIA S.C.S., Bogota, Colombia; DOB 29 C.I. AGROINDUSTRIAL DE MATERIAS December 3, 1999. The Kingpin Act May 1960; Citizen Colombia; Cedula No. PRIMAS ORGANICAS LTDA, Bogota,

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Colombia; c/o JUAN SEBASTIAN Y 2. FIMESA DE COLOMBIA S.A., Calle 114 No. 9–01, Bogota, Colombia; CAMILA ANDREA JIMENEZ RAMIREZ Transversal 14 No. 119–67 Interior 4, NIT # 8300125383 (Colombia); Y CIA S.C.S., Bogota, Colombia; DOB 28 Oficina 203, Bogota, Colombia; NIT # (ENTITY) [SDNTK] Jan 1969; Citizen Colombia; Cedula No. 830129115–5 (Colombia); (ENTITY) 12. INVERSIONES GRANDA 65552011 (Colombia); (INDIVIDUAL) [SDNTK] RESTREPO Y CIA S.C.S. (a.k.a. [SDNTK] 3. C.I. STONES AND BYPRODUCTS INGRANRES); Carrera 4 No. 24–37 Trr. 16. CLAVIJO ROMERO, Andres Elias, TRADING S.A., Transversal 14 No. 119– B Apto. 202, Bogota, Colombia; NIT # c/o C.I. STONES AND BYPRODUCTS 67 Interior 4, Bogota, Colombia; NIT # 830002677–6 (Colombia); (ENTITY) TRADING S.A., Bogota, Colombia; c/o 830003485–3 (Colombia); (ENTITY) [SDNTK] C.I. AGROINDUSTRIAL DE MATERIAS [SDNTK] 4. PROMOTORA DE MATERIAS Dated: May 6, 2010. PRIMAS ORGANICAS LTDA, Bogota, PRIMAS ORGANICAS DEL TOLIMA Adam J. Szubin, Colombia; c/o PROMOTORA DE LTDA (a.k.a. PROMATOL LTDA); Calle Director, Office of Foreign Assets Control. MATERIAS PRIMAS ORGANICAS DEL 24 D Bis No. 73C–03, Bogota, Colombia; [FR Doc. 2010–11428 Filed 5–12–10; 8:45 am] TOLIMA LTDA, Bogota, Colombia; c/o NIT # 900081489–9 (Colombia); BILLING CODE 4810–AL–P MERCADO DE VALORES (ENTITY) [SDNTK] INTEGRADOS LTDA, Bogota, Colombia; 5. C.I. AGROINDUSTRIAL DE c/o JUAN SEBASTIAN Y CAMILA MATERIAS PRIMAS ORGANICAS DEPARTMENT OF THE TREASURY ANDREA JIMENEZ RAMIREZ Y CIA LTDA (a.k.a. C.I. PRORGANICAS S.C.S., Bogota, Colombia; c/o LTDA); Calle 24D Bis No. 73C–03, Office of Thrift Supervision PROFESIONALES EN GANADERIA, Bogota, Colombia; NIT # 830025144–1 Bogota, Colombia; DOB 29 Jun 1973; (Colombia); (ENTITY) [SDNTK] [AC–37: OTS No. H–47111] Citizen Colombia; Cedula No. 79209806 6. MERCADO DE VALORES (Colombia); (INDIVIDUAL) [SDNTK] INTEGRADOS LTDA (a.k.a. ViewPoint Financial Group, Inc., Plano, 17. CAMACHO RINCON, Juan VALINTEGRADOS LTDA); Calle 24D Texas; Approval of Conversion Manuel, c/o LULU COM, Bogota, Bis No. 73C–03, Bogota, Colombia; NIT Application Colombia; DOB 16 Feb 1980; Citizen # 830034151–1 (Colombia); (ENTITY) Colombia; Cedula No. 6107716 [SDNTK] Notice is hereby given that on May 6, (Colombia); (INDIVIDUAL) [SDNTK] 7. JUAN SEBASTIAN Y CAMILA 2010, the Office of Thrift Supervision approved the application of ViewPoint 18. DIAZ HERRERA, Jose Ricuarte, ANDREA JIMENEZ RAMIREZ Y CIA MHC and ViewPoint Bank, Plano, c/o PROMOTORA HOTELERA LTDA, S.C.S., Calle 24D Bis No. 73C–03, Texas, to convert to the stock form of Bogota, Colombia; DOB 16 Aug 1958; Bogota, Colombia; NIT # 830092190–6 organization. Copies of the application POB Venecia, Cundinamarca, Colombia; (Colombia); (ENTITY) [SDNTK] are available for inspection by Citizen Colombia; Cedula No. 79263544 8. LULU COM, Carrera 100 No. 221– appointment (phone number: 202–906– (Colombia); (INDIVIDUAL) [SDNTK] 12, Bogota, Colombia; Matricula Mercantil No 1783623 (Colombia); 5922 or e-mail 19. MORENO BERNAL, Luz Marina, (ENTITY) [SDNTK] [email protected]) at the c/o PROMOTORA HOTELERA LTDA, 9. PROFESIONALES EN Public Reading Room, 1700 G Street, Bogota, Colombia; DOB 02 Jul 1955; GANADERIA, Carrera 49 No. 37–64 Sur, NW., Washington, DC 20552, and the POB Bogota, Colombia; Citizen Bogota, Colombia; NIT # 79209806–6 OTS Western Regional Office, 225 E. Colombia; Cedula No. 41703570 (Colombia); Matricula Mercantil No. John Carpenter Freeway, Suite 500, (Colombia); (INDIVIDUAL) [SDNTK] 01414983 (Colombia); (ENTITY) Irving, Texas 75062–2326. Entities [SDNTK] Dated: May 7, 2010. 10. COMUNICACIONES ELYON, By the Office of Thrift Supervision. 1. NEGOCIAMOS MCM LTDA, Carrera 9 No. 22–59 Loc. 14, Bogota, Avenida Calle 26 No. 69C–03, Local Colombia; Matricula Mercantil No. Sandra E. Evans, 214, Bogota, Colombia; NIT # 1579615 (Colombia); (ENTITY) [SDNTK] Federal Register Liaison. 830105059–7 (Colombia); (ENTITY) 11. PROMOTORA HOTELERA LTDA [FR Doc. 2010–11283 Filed 5–12–10; 8:45 am] [SDNTK] (a.k.a. COMERCIAL PROMOTELES); BILLING CODE 6720–01–M

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Part II

Department of the Treasury Internal Revenue Service 26 CFR Parts 54 and 602 Department of Labor Employee Benefits Security Administration 29 CFR Part 2590 Department of Health and Human Services 45 CFR Parts 144, 146, and 147

Group Health Plans and Health Insurance Issuers Relating to Dependent Coverage of Children to Age 26 Under the Patient Protection and Affordable Care Act; Interim Final Rule and Proposed Rule

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DEPARTMENT OF THE TREASURY All comments will be made available Human Services, Attention: OCIIO– to the public. Warning: Do not include 4150–IFC, Mail Stop C4–26–05, 7500 Internal Revenue Service any personally identifiable information Security Boulevard, Baltimore, MD (such as name, address, or other contact 21244–1850. 26 CFR Parts 54 and 602 information) or confidential business 4. By hand or courier. If you prefer, [TD 9482] information that you do not want you may deliver (by hand or courier) publicly disclosed. All comments are your written comments before the close RIN 1545–BJ46 posted on the Internet exactly as of the comment period to either of the received, and can be retrieved by most following addresses: DEPARTMENT OF LABOR Internet search engines. No deletions, a. For delivery in Washington, DC— modifications, or redactions will be Office of Consumer Information and Employee Benefits Security Insurance Oversight, Department of Administration made to the comments received, as they are public records. Comments may be Health and Human Services, Room 445– G, Hubert H. Humphrey Building, 200 29 CFR Part 2590 submitted anonymously. Department of Labor. Comments to Independence Avenue, SW., RIN 1210–AB41 the Department of Labor, identified by Washington, DC 20201 (Because access RIN 1210–AB41, by one of the following to the interior of the Hubert H. DEPARTMENT OF HEALTH AND methods: Humphrey Building is not readily HUMAN SERVICES • Federal eRulemaking Portal: http:// available to persons without Federal www.regulations.gov. Follow the government identification, commenters Office of the Secretary instructions for submitting comments. are encouraged to leave their comments • [OCIIO–4150–IFC] E-mail: [email protected]. in the OCIIO drop slots located in the • Mail or Hand Delivery: Office of main lobby of the building. A stamp-in 45 CFR Parts 144, 146, and 147 Health Plan Standards and Compliance clock is available for persons wishing to Assistance, Employee Benefits Security retain a proof of filing by stamping in RIN 0991–AB66 Administration, Room N–5653, U.S. and retaining an extra copy of the Interim Final Rules for Group Health Department of Labor, 200 Constitution comments being filed.). Plans and Health Insurance Issuers Avenue NW., Washington, DC 20210, b. For delivery in Baltimore, MD— Relating to Dependent Coverage of Attention: RIN 1210–AB41. Centers for Medicare & Medicaid Children to Age 26 Under the Patient Comments received by the Services, Department of Health and Protection and Affordable Care Act Department of Labor will be posted Human Services, 7500 Security without change to http:// Boulevard, Baltimore, MD 21244–1850. AGENCY: Internal Revenue Service, www.regulations.gov and http:// If you intend to deliver your Department of the Treasury; Employee www.dol.gov/ebsa, and available for comments to the Baltimore address, Benefits Security Administration, public inspection at the Public please call (410) 786–7195 in advance to Department of Labor; Department of Disclosure Room, N–1513, Employee schedule your arrival with one of our Health and Human Services. Benefits Security Administration, 200 staff members. ACTION: Interim final rules with request Constitution Avenue, NW., Washington, Comments mailed to the addresses for comments. DC 20210. indicated as appropriate for hand or Department of Health and Human courier delivery may be delayed and SUMMARY: This document contains Services. In commenting, please refer to received after the comment period. interim final regulations implementing file code OCIIO–4150–IFC. Because of Submission of comments on the requirements for group health plans staff and resource limitations, we cannot paperwork requirements. You may and health insurance issuers in the accept comments by facsimile (FAX) submit comments on this document’s group and individual markets under transmission. paperwork requirements by following provisions of the Patient Protection and You may submit comments in one of the instructions at the end of the Affordable Care Act regarding four ways (please choose only one of the ‘‘Collection of Information dependent coverage of children who ways listed): Requirements’’ section in this document. have not attained age 26. 1. Electronically. You may submit Inspection of Public Comments: All DATES: Effective date. These interim electronic comments on this regulation comments received before the close of final regulations are effective on July 12, to http://www.regulations.gov. Follow the comment period are available for 2010. the instructions under the ‘‘More Search viewing by the public, including any Comment date. Comments are due on Options’’ tab. personally identifiable or confidential or before August 11, 2010. 2. By regular mail. You may mail business information that is included in Applicability date. These interim final written comments to the following a comment. We post all comments regulations generally apply to group address only: Office of Consumer received before the close of the health plans and group health insurance Information and Insurance Oversight, comment period on the following Web issuers for plan years beginning on or Department of Health and Human site as soon as possible after they have after September 23, 2010. These interim Services, Attention: OCIIO–4150–IFC, been received: http:// final regulations generally apply to P.O. Box 8016, Baltimore, MD 21244– www.regulations.gov. Follow the search individual health insurance issuers for 1850. instructions on that Web site to view policy years beginning on or after Please allow sufficient time for mailed public comments. September 23, 2010. comments to be received before the Comments received timely will also ADDRESSES: Written comments may be close of the comment period. be available for public inspection as submitted to any of the addresses 3. By express or overnight mail. You they are received, generally beginning specified below. Any comment that is may send written comments to the approximately three weeks after submitted to any Department will be following address only: Office of publication of a document, at the shared with the other Departments. Consumer Information and Insurance headquarters of the Centers for Medicare Please do not submit duplicates. Oversight, Department of Health and & Medicaid Services, 7500 Security

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Boulevard, Baltimore, Maryland 21244, the group and individual markets. The The Departments of Health and Monday through Friday of each week term ‘‘group health plan’’ includes both Human Services, Labor, and the from 8:30 a.m. to 4 p.m. EST. To insured and self-insured group health Treasury (the Departments) expect to schedule an appointment to view public plans.1 The Affordable Care Act adds issue regulations implementing the comments, phone 1–800–743–3951. section 715 to the Employee Retirement revised PHS Act sections 2701 through Internal Revenue Service. Comments Income Security Act (ERISA) and 2719A in several phases. The first to the IRS, identified by REG–114494– section 9815 to the Internal Revenue publication in this series was a Request 10, by one of the following methods: Code (the Code) to make the provisions for Information relating to the medical • Federal eRulemaking Portal: http:// of part A of title XXVII of the PHS Act loss ratio provisions of PHS Act section www.regulations.gov. Follow the applicable under ERISA and the Code to 2718, published in the Federal Register instructions for submitting comments. group health plans, and health on April 14, 2010 (75 FR 19297). These • Mail: CC:PA:LPD:PR (REG–114494– insurance issuers providing health interim final regulations are being 10), room 5205, Internal Revenue insurance coverage in connection with published to implement PHS Act Service, P.O. Box 7604, Ben Franklin group health plans, as if those section 2714 (requiring dependent Station, Washington, DC 20044. provisions of the PHS Act were coverage of children to age 26). PHS Act • Hand or courier delivery: Monday included in ERISA and the Code. The section 2714 generally is effective for through Friday between the hours of 8 PHS Act sections incorporated by this plan years (in the individual market, a.m. and 4 p.m. to: CC:PA:LPD:PR reference are sections 2701 through policy years) beginning on or after (REG–114494–10), Courier’s Desk, 2728. PHS Act sections 2701 through September 23, 2010, which is six Internal Revenue Service, 1111 2719A are substantially new, though months after the March 23, 2010 date of Constitution Avenue, NW., Washington they incorporate some provisions of enactment of the Affordable Care Act.3 DC 20224. prior law. PHS Act sections 2722 The implementation of other provisions All submissions to the IRS will be through 2728 are sections of prior law of PHS Act sections 2701 through open to public inspection and copying renumbered with some, mostly minor, 2719A and section 1251 of the in room 1621, 1111 Constitution changes. Section 1251 of the Affordable Affordable Care Act will be addressed in Avenue, NW., Washington, DC from 9 Care Act, as modified by section 10103 future regulations. a.m. to 4 p.m. of the Affordable Care Act and section Because subtitles A and C of title I of FOR FURTHER INFORMATION CONTACT: 2301 of the Reconciliation Act, specifies the Affordable Care Act contain Amy Turner or Beth Baum, Employee that certain plans or coverage existing as requirements that are applicable to both Benefits Security Administration, of the date of enactment (i.e., the group and individual health Department of Labor, at (202) 693–8335; grandfathered health plans) are subject insurance markets, it would be Karen Levin, Internal Revenue Service, to only certain provisions. duplicative to insert the requirements Department of the Treasury, at (202) into both the existing 45 CFR part 146 622–6080; Jim Mayhew, Office of Subtitles A and C of title I of the (Requirements for the Group Health Consumer Information and Insurance Affordable Care Act amend the Insurance Market) and 45 CFR part 148 Oversight, Department of Health and requirements of title XXVII of the PHS (Requirements for the Individual Health Human Services, at (410) 786–1565. Act (changes to which are incorporated Insurance Market). Accordingly, these Customer Service Information: into ERISA section 715). The interim final regulations create a new Individuals interested in obtaining preemption provisions of ERISA section part 147 in subchapter B of 45 CFR to 2 information from the Department of 731 and PHS Act section 2724 implement the provisions of the Labor concerning employment-based (implemented in 29 CFR 2590.731(a) Affordable Care Act. The provisions of health coverage laws may call the EBSA and 45 CFR 146.143(a)) apply so that the the Affordable Care Act, to the extent Toll-Free Hotline at 1–866–444–EBSA requirements of the Affordable Care Act that they apply to group health plans (3272) or visit the Department of Labor’s are not to be ‘‘construed to supersede and group health insurance coverage, Web site (http://www.dol.gov/ebsa). In any provision of State law which are also implemented under new addition, information from HHS on establishes, implements, or continues in regulations added to 29 CFR part 2590 private health insurance for consumers effect any standard or requirement and 26 CFR part 54. can be found on the Centers for solely relating to health insurance II. Overview of the Regulations Medicare & Medicaid Services (CMS) issuers in connection with group or Web site (http://www.cms.hhs.gov/ individual health insurance coverage A. PHS Act Section 2714, Continued HealthInsReformforConsume/ except to the extent that such standard Eligibility of Children Until Age 26 (26 01_Overview.asp). or requirement prevents the application CFR 54.9815–2714, 29 CFR 2590.715– of a requirement’’ of the Affordable Care SUPPLEMENTARY INFORMATION: 2714, 45 CFR 147.120) Act. Accordingly, State laws that I. Background impose on health insurance issuers Section 2714 of the PHS Act, as added by the Affordable Care Act (and The Patient Protection and Affordable stricter requirements than those imposed by the Affordable Care Act will amended by the Reconciliation Act), Care Act (the Affordable Care Act), and these interim final regulations Public Law 111–148, was enacted on not be superseded by the Affordable Care Act. provide that a plan or issuer that makes March 23, 2010; the Health Care and available dependent coverage 4 of Education Reconciliation Act (the children must make such coverage Reconciliation Act), Public Law 111– 1 The term ‘‘group health plan’’ is used in title XXVII of the PHS Act, part 7 of ERISA, and chapter available for children until attainment 152, was enacted on March 30, 2010. 100 of the Code, and is distinct from the term The Affordable Care Act and the ‘‘health plan’’, as used in other provisions of title I 3 See section 1004 of the Affordable Care Act. Reconciliation Act reorganize, amend, of the Affordable Care Act. The term ‘‘health plan’’ 4 For purposes of these interim final regulations, and add to the provisions of part A of does not include self-insured group health plans. dependent coverage means coverage of any 2 Code section 9815 incorporates the preemption individual under the terms of a group health plan, title XXVII of the Public Health Service provisions of PHS Act section 2724. Prior to the or group or individual health insurance coverage, Act (PHS Act) relating to group health Affordable Care Act, there were no express because of the relationship to a participant (in the plans and health insurance issuers in preemption provisions in chapter 100 of the Code. individual market, primary subscriber).

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of 26 years of age. The statute also originally enacted, required plans and defined in section 5000A(f)(2) of the requires the issuance of regulations to issuers to make dependent coverage Code) other than a group health plan of ‘‘define the dependents to which available only to a child ‘‘who is not a parent. In the case of an adult child coverage shall be made available’’ under married.’’ This language was struck by who is eligible for coverage under the this rule. section 2301(b) of the Reconciliation plans of the employers of both parents, Many group health plans that provide Act. Accordingly, under these interim neither plan may exclude the adult dependent coverage limit the coverage final regulations, plans and issuers may child from coverage based on the fact to health coverage excludible from not limit dependent coverage based on that the adult child is eligible to enroll employees’ gross income for income tax whether a child is married. (However, a in the plan of the other parent’s purposes. Thus, dependent coverage is plan or issuer is not required under employer. limited to employees’ spouses and these interim final regulations to cover Regulations relating to grandfathered employees’ children that qualify as the spouse of an eligible child). health plans under section 1251 of the dependents for income tax purposes. The statute and these interim final Affordable Care Act are expected to be Consequently, these plans often regulations provide that nothing in PHS published in the very near future. The condition dependent coverage, in Act section 2714 requires a plan or Departments anticipate that the addition to the age of the child, on issuer to make available coverage for a regulations will make clear that changes student status, residency, and financial child of a child receiving dependent to plan or policy terms to comply with support or other factors indicating coverage. PHS Act section 2714 and these interim dependent status. However, with the Under section 1004(d) of the final regulations, including voluntary expansion of dependent coverage Reconciliation Act and IRS Notice compliance before plan years (in the required by the Affordable Care Act to 2010–38 (released to the public on April individual market, policy years) children until age 26, conditioning 27, 2010 and scheduled to be published beginning on or after September 23, coverage on whether a child is a tax in 2010–20 Internal Revenue Bulletin, 2010, will not cause a plan or health dependent or a student, or resides with May 17, 2010), employers may exclude insurance coverage to lose or receives financial support from the from the employee’s income the value of grandfathered health plan status for any parent, is no longer appropriate in light any employer-provided health coverage purpose under the Affordable Care Act, of the correlation between age and these for an employee’s child for the entire as amended. factors. Therefore, these interim final taxable year the child turns 26 if the Transitional Rule. Prior to the regulations do not allow plans or coverage continues until the end of that applicability date of PHS Act section coverage to use these requirements to taxable year. This means that if a child 2714, a child who was covered under a deny dependent coverage to children. turns 26 in March, but stays on the plan group health plan or health insurance Because the statute does not distinguish past December 31st (the end of most coverage as a dependent may have lost between coverage for minor children people’s taxable year), the health eligibility under the plan (or coverage) and coverage for adult children under benefits up to December 31st can be due to age prior to age 26. Moreover, if, age 26, these factors also may not be excluded for tax purposes. when a parent first became eligible for used to determine eligibility for Application to grandfathered health coverage, a child was under age 26 but dependent coverage for minor children. plans. Under the statute and these older than the age at which the plan (or Accordingly, these interim final interim final regulations, the coverage) stopped covering children, the regulations clarify that, with respect to requirement to make available child would not have become eligible children who have not attained age 26, dependent coverage for children who for the plan (or coverage). When the a plan or issuer may not define have not attained age 26 generally provisions of section 2714 become dependent for purposes of eligibility for applies to all group health plans and applicable, a plan or issuer can no dependent coverage of children other health insurance issuers offering group longer exclude coverage for the child than in terms of the relationship or individual health insurance coverage prior to age 26 irrespective of whether between the child and the participant whether or not the plan or health or when that child was enrolled in the (in the individual market, the primary insurance coverage qualifies as a plan (or coverage). Also, a child of a subscriber). Examples of factors that grandfathered health plan 5 under primary subscriber with family coverage cannot be used for defining dependent section 1251 of the Affordable Care Act, in the individual market may be entitled for purposes of eligibility (or continued for plan years (in the individual market, to an opportunity to enroll if the child eligibility) include financial policy years) beginning on or after previously lost coverage due to age dependency on the participant or September 23, 2010. However, in while other family members retained primary subscriber (or any other accordance with section 2301(a) of the the coverage.6 person), residency with the participant Reconciliation Act, for plan years Accordingly, these interim final or primary subscriber (or any other beginning before January 1, 2014, these regulations provide transitional relief person), student status, employment, interim final regulations provide that a for a child whose coverage ended, or eligibility for other coverage, or any grandfathered health plan that is a who was denied coverage (or was not combination of these. These interim group health plan that makes available final regulations also provide that the dependent coverage of children may 6 In the group market, section 9802(a) of the Code, terms of the plan or policy for section 702(a) of ERISA, and section 2705 of the exclude an adult child who has not PHS Act provide that a plan or issuer cannot dependent coverage cannot vary based attained age 26 from coverage only if the impose any rule for eligibility for benefits on the age of a child, except for children child is eligible to enroll in an (including any rule excluding coverage) based on a age 26 or older. Examples illustrate that employer-sponsored health plan (as health factor, including a preexisting condition. surcharges for coverage of children These rules were added by HIPAA and generally became applicable for group health plans for plan under age 26 are not allowed except 5 Section 1251 of the Affordable Care Act, as years beginning on or after July 1, 1997. Similar where the surcharges apply regardless of modified by section 10103 of the Affordable Care guidance regarding re-enrollment rights for the age of the child (up to age 26) and Act and section 2301 of the Reconciliation Act, individuals previously denied coverage due to a that, for children under age 26, the plan specifies that certain plans or coverage existing as health factor was issued by the Departments of the of the March 23, 2010 date of enactment (i.e., Treasury, Labor, and HHS on December 29, 1997, cannot vary benefits based on the age of grandfathered health plans) are subject to only at 62 FR 67689 and on January 8, 2001 at 66 FR the child. The Affordable Care Act, as certain provisions. 1378, 1403, 1410, 1418.

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eligible for coverage) under a group packages available to similarly situated the parent has ceased employment with health plan or health insurance coverage individuals who did not lose coverage the plan sponsor) as of the first date on because, under the terms of the plan or by reason of cessation of dependent which the enrollment opportunity coverage, the availability of dependent status. The child also cannot be required would be required to be given, the plan coverage of children ended before the to pay more for coverage than similarly would not be required to enroll the attainment of age 26. situated individuals who did not lose child. These interim final regulations coverage by reason of cessation of require a plan or issuer to give such a dependent status. B. Conforming Changes Under the PHS child an opportunity to enroll that The Departments have been informed Act continues for at least 30 days (including that many health insurance issuers have 1. References to the Public Health written notice of the opportunity to announced that they will allow Service Act enroll), regardless of whether the plan continued coverage of adult children or coverage offers an open enrollment before such coverage is required by the Conforming changes to references to period and regardless of when any open Affordable Care Act. A plan or issuer sections of title XXVII of the PHS Act enrollment period might otherwise that allows continued coverage of adult are made throughout parts 144 and 146 occur. This enrollment opportunity children before being required to do so of title 45 of the Code of Federal (including the written notice) must be by the Affordable Care Act is not Regulations to reflect the renumbering provided not later than the first day of required to provide the enrollment of certain sections by the Affordable the first plan year (in the individual opportunity with respect to children Care Act. market, policy year) beginning on or who do not lose coverage. 2. Definitions (45 CFR 144.103) after September 23, 2010. Thus, many Examples in these interim final plans can use their existing annual regulations illustrate the application of These interim final regulations define ‘‘ ’’ enrollment periods (which commonly these transitional rules. One example policy year as the 12-month period begin and end before the start of the illustrates that, if a child qualifies for an that is designated in the policy plan year) to satisfy the enrollment enrollment opportunity under this documents of individual health opportunity requirement. If the child is section and the parent is not enrolled insurance coverage. If the policy enrolled, coverage must begin not later but is otherwise eligible for enrollment, document does not designate a policy than the first day of the first plan year the plan must provide an opportunity to year (or no such document is available), (in the individual market, policy year) enroll the parent, in addition to the then the policy year is the deductible or beginning on or after September 23, child. Similarly, another example limit year used under the coverage. If 2010, even if the request for enrollment illustrates that, if a plan has more than deductibles or other limits are not is made after the first day of the plan one benefit package option, a child imposed on a yearly basis, the policy year. In subsequent years, dependent qualifies for enrollment under this year is the calendar year. The Affordable coverage may be elected for an eligible section, and the parent is enrolled in Care Act uses the term ‘‘plan year’’ in child in connection with normal one benefit package option, the plan referring to the period of coverage in enrollment opportunities under the plan must provide an opportunity to enroll both the individual and group health or coverage. the child in any benefit package option insurance markets. The term ‘‘plan Under these interim final regulations, for which the child is otherwise eligible year’’, however, is generally used in the the notice may be provided to an (thus allowing the parent to switch group health insurance market. employee on behalf of the employee’s benefit package options). Another Accordingly, these interim final child (in the individual market, to a example illustrates that a child who regulations substitute the term ‘‘policy primary subscriber on behalf of the qualifies for an enrollment opportunity year’’ for ‘‘plan year’’ in defining the primary subscriber’s child). In addition, under this section and who is covered period of coverage in the individual for a group health plan or group health under a COBRA continuation provision health insurance market. insurance coverage, the notice may be must be given the opportunity to enroll III. Interim Final Regulations and included with other enrollment as a dependent of an active employee Request for Comments materials that a plan distributes to (i.e., other than as a COBRA-qualified employees, provided the statement is beneficiary). In this situation, if the Section 9833 of the Code, section 734 prominent. For a group health plan or child loses eligibility for coverage due to of ERISA, and section 2792 of the PHS group health insurance coverage, if a a qualifying event (including aging out Act authorize the Secretaries of the notice satisfying these requirements is of coverage at age 26), the child has Treasury, Labor, and HHS (collectively, provided to an employee whose child is another opportunity to elect COBRA the Secretaries) to promulgate any entitled to an enrollment opportunity, continuation coverage. (If the qualifying interim final rules that they determine the obligation to provide the notice of event is aging out, the COBRA are appropriate to carry out the enrollment opportunity with respect to continuation coverage could last 36 provisions of chapter 100 of the Code, that child is satisfied for both the plan months from the loss of eligibility that part 7 of subtitle B of title I of ERISA, and the issuer. relates to turning age 26.) The final and part A of title XXVII of the PHS Act, Any child enrolling in group health example in this section illustrates that which include PHS Act sections 2701 plan coverage pursuant to this an employee who joined a plan prior to through 2728 and the incorporation of enrollment right must be treated as a the applicability date of PHS Act section those sections into ERISA section 715 special enrollee, as provided under the 2714, and has a child who never and Code section 9815. regulations interpreting the HIPAA enrolled because the child was too old In addition, under Section 553(b) of portability provisions.7 Accordingly, the under the terms of the plan but has not the Administrative Procedure Act (APA) child must be offered all the benefit yet turned 26, must be provided an (5 U.S.C. 551 et seq.) a general notice of opportunity to enroll the child under proposed rulemaking is not required 7 HIPAA is the Health Insurance Portability and this section even though the child was when an agency, for good cause, finds Accountability Act of 1996 (Public Law 104–191). not previously covered under the plan. that notice and public comment thereon Regulations regarding the treatment of HIPAA special enrollees are included at 26 CFR 54.9801– If the parent is no longer eligible for are impracticable, unnecessary, or 6(d), 29 CFR 2590.701–6(d), and 45 CFR 146.117(d). coverage under the plan (for example, if contrary to the public interest. The

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provisions of the APA that ordinarily published a notice of proposed Management and Budget (OMB). require a notice of proposed rulemaking rulemaking, provided for a 60-day Section 3(f) of the Executive Order do not apply here because of the comment period, and only then defines a ‘‘significant regulatory action’’ specific authority granted by section prepared final regulations, which would as an action that is likely to result in a 9833 of the Code, section 734 of ERISA, be subject to a 60-day delay in effective rule (1) having an annual effect on the and section 2792 of the PHS Act. date, it is unlikely that it would have economy of $100 million or more in any However, even if the APA was been possible to have final regulations one year, or adversely and materially applicable, the Secretaries have in effect before late September, when affecting a sector of the economy, determined that it would be these requirements could be in effect for productivity, competition, jobs, the impracticable and contrary to the public some plans or policies. It therefore is in environment, public health or safety, or interest to delay putting the provisions the public interest that these interim State, local or tribal governments or in these interim final regulations in final regulations be in effect and apply communities (also referred to as place until a full public notice and when the statutory protections being ‘‘economically significant’’); (2) creating comment process is completed. The implemented apply. a serious inconsistency or otherwise statutory requirement implemented in IV. Economic Impact and Paperwork interfering with an action taken or these interim final regulations was Burden planned by another agency; (3) enacted on March 23, 2010, and applies materially altering the budgetary for plan years (in the individual market, A. Summary—Department of Labor and impacts of entitlement grants, user fees, policy years) beginning on or after Department of Health and Human or loan programs or the rights and September 23, 2010. Having a binding Services obligations of recipients thereof; or (4) rule in effect is critical to ensuring that As stated earlier in this preamble, raising novel legal or policy issues individuals entitled to the new these interim final regulations arising out of legal mandates, the protections being implemented have implement PHS Act section 2714, which President’s priorities, or the principles these protections uniformly applied. requires plans or issuers that make set forth in the Executive Order. OMB Moreover, the provisions in these dependent coverage available for has determined that this regulation is interim final regulations require lead children to continue to make such economically significant within the time for implementation. These interim coverage available for an adult child meaning of section 3(f)(1) of the final regulations require that an until the attainment of age 26. The Executive Order, because it is likely to enrollment period be provided no later regulation also provides an enrollment have an annual effect on the economy than the first day the obligation to allow opportunity to individuals who lost or of $100 million in any one year. dependent children to enroll until were not eligible for dependent coverage Accordingly, OMB has reviewed these attainment of age 26 takes effect. before age 26.8 This provision generally rules pursuant to the Executive Order. Preparations presumably would have to is effective for plan years (in the The Departments provide an assessment be made to put such an enrollment individual market, policy years) of the potential costs, benefits, and process in place. Group health plans beginning on or after September 23, transfers associated with the regulatory and health insurance issuers also would provision below. The Departments have to take the cost associated with 2010, which is six months after the March 23, 2010 date of enactment of the invite comments on this assessment and this new obligation into account in its conclusions. establishing their premiums, and in Affordable Care Act. The Departments have crafted these making other changes to the designs of 1. Need for Regulatory Action interim final regulations to secure the plan or policy benefits, and any such protections intended by Congress in the premiums and changes would have to PHS Act section 2714, as added by the most economically efficient manner receive necessary approvals in advance Affordable Care Act and amended by possible. The Departments have of the plan or policy year in question. the Reconciliation Act requires group For the foregoing reasons, the quantified costs where possible and health plans and health insurance Departments have determined that it is provided a qualitative discussion of the issuers offering group or individual essential to provide certainty about economic benefits and some of the health insurance coverage that make what will be required of group health transfers and costs that may stem from dependent coverage available for plans and health insurance issuers these interim final regulations. children to continue to make coverage under the statutory requirements B. Executive Order 12866—Department available to such children until the implemented in binding regulations as of Labor and Department of Health and attainment of age 26. With respect to a far in advance of September 23, 2010 as Human Services child receiving dependent coverage, possible. This makes it impracticable to coverage does not have to be extended Under Executive Order 12866 (58 FR engage in full notice and comment to a child or children of the child or a 51735), this regulatory action has been rulemaking before putting regulations spouse of the child. In addition, as determined ‘‘significant’’ and therefore into effect, and in the public interest to provided by the Reconciliation Act, subject to review by the Office of do so through interim final regulations grandfathered group health plans are under which the public will have an not required to offer dependent coverage 8 The Affordable Care Act adds section 715 and opportunity for comment, but that Code section to make the provisions of part A of to a child under 26 who is otherwise opportunity will not delay putting rules title XXVII of the PHS Act applicable to group eligible for employer-sponsored in effect (a delay that could possibly last health plans, and health insurance issuers insurance other than a group health past September 23, 2010). providing health insurance coverage in connection plan of a parent for plan years beginning with group health plans, under ERISA and the Code Issuance of proposed regulations as if those provisions of the PHS Act were included before January 1, 2014. PHS Act section would not be sufficient because the in ERISA and the Code. The PHS Act sections 2714 generally is effective for plan years proposed regulations would not be incorporated by this reference are sections 2701 (in the individual market, policy years) binding, and different group health through 2728. Section 1251 of the Affordable Care beginning on or after September 23, Act provides rules for grandfathered health plans, plans or health insurance issuers could and these rules are further clarified in section 10103 2010. Thus, these interim final interpret the statutory language in of the Affordable Care Act and section 2301 of the regulations are necessary to amend the different ways. Had the Departments Reconciliation Act. Departments’ existing regulations to

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implement these statutorily mandated estimated by applying several criteria is then applied to estimate the number changes. including whether their parents have of newly covered individuals. The 2. Summary of Impacts existing employer-sponsored insurance premium impact is calculated by using (ESI) or an individual market policy; an estimated incremental insurance cost In this section, the Departments and whether the individuals are per newly-covered individual as a estimate the number of individuals themselves uninsured, have ESI, percent of average family premiums. affected by these interim final individual market policies or other regulations, and the impact of the In accordance, with OMB Circular forms of coverage. A range of 9 regulations on health insurance A–4, Table 1 below depicts an premiums in the group and individual assumptions concerning the percentage accounting statement showing the markets. Beginning with the population of the potentially affected individuals Departments’ assessment of the benefits, of individuals age 19–25, the number of that will accept the offer of new costs, and transfers associated with this individuals potentially affected is dependent coverage—‘‘take-up’’ rates— regulatory action.

TABLE 1—ACCOUNTING TABLE

Benefits: Annualized Quantified: low estimate 0.19 million previously uninsured individuals gain coverage in 2011. mid-range estimate ...... 0.65 million previously uninsured individuals gain coverage in 2011. high estimate ...... 1.64 million previously uninsured individuals gain coverage in 2011. Qualitative: Expanding coverage options of the 19–25 population should decrease the number uninsured, which in turn should decrease the cost-shifting of uncompensated care onto those with insurance, increase the receipt of preventive health care and provide more timely access to high quality care, resulting in a healthier population. Allowing extended dependent coverage will also permit greater job mobility for this population as their insurance coverage will no longer be tied to their own jobs or student status. Dependents aged 19–25 that have chronic or other serious health conditions would still be able to continue their current coverage through a parent’s plan. To the extent there is an in- crease in beneficial utilization of healthcare, health could improve.

Low Mid-range High Year Discount Period Costs10 rate 11 estimate estimate estimate dollar percent covered

Annualized Monetized ($millions/year) ...... 11.2 11.2 11.2 2010 7 2011–2013 10.4 10.4 10.4 2010 3 2011–2013 A one-time notice of right to enroll must be sent to those affected. Qualitative: To the extent additional coverage increases utilization of health care services, there will be additional costs incurred to achieve the health benefits.

Transfer: 12 Annualized Monetized ($millions/year) ...... 3,459.3 5,250.2 6,893.9 2010 7 2011–2013 3,482.5 5,274.5 6,895.4 2010 3 2011–2013 Qualitative: If the rule causes family health insurance premiums to increase, there will be a transfer from individuals with family health insurance coverage who do not have dependents aged 19–25 to those individuals with family health insurance coverage that have dependents aged 19–25. To the extent that these higher premiums result in lower profits or higher prices for the employer’s product, then the higher premiums will result in a transfer either from stockholders or consumers. 10 The cost estimates are annualize across the years 2011–2013, and reflects a single point estimate of the cost to send out a notice in the first year only. 11 The Departments limited the period covered by the RIA to 2011–2013, because it only has reliable data to make projections over this period due to the fact that in 2014, things will change drastically when the subsidies and tax credits to offset premium increases and the exchanges are in effect. 12 The estimates in this table reflect the annualized discounted value in 2010 of the additional premium costs for family policies calculated as the product of the newly covered dependents in each year from 2011–2013 (see below) and an incremental cost per newly-covered person in those years (see below).

3. Estimated Number of Affected individuals aged 19–25 (young adults) • 3.44 million are currently Individuals in the United States. Of those uninsured, • The Departments’ estimates in this individuals, 9.3 million young adults (of 2.42 million are covered by their section are based on the 2004–2006 whom 3.1 million are uninsured) do not own non-group insurance, Medical Expenditure Panel Survey have a parent who has either ESI or non- • 5.55 million are covered by their Household Component (MEPS–HC) group insurance, and thus they have no own ESI, which was projected and calibrated to access to dependent coverage. As shown • 5.73 million are already on their 2010 to be consistent with the National in Table 2, among the remaining 20.2 parent’s or spouse’s ESI, and Health Accounts projections. The million young adults whose parents are • 3.01 million have some other form Departments estimate that in 2010, there covered either by ESI or by non-group of coverage such as Medicaid or are approximately 29.5 million insurance: TRICARE.

9 Available at http://www.whitehouse.gov/omb/ circulars/a004/a-4.pdf.

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TABLE 2—YOUNG ADULTS AGED 19–25 BY INSURANCE STATUS

ESI as a Uninsured* Non-group Own ESI dependent Other Total

Total U.S. Population Aged 19–25 ...... 6.59 2.69 6.98 5.75 7.5 29.5 All Young Adults in U.S. with a Parent with a Policy by Young Adult Insurance Status

Parents have ESI ...... 3.28 2.03 5.32 5.73 2.91 19.27 Parents have non-group ...... 0.16 0.40 0.23 ...... 0.10 0.88

Subtotal A ...... 3.44 2.42 5.55 5.73 3.01 20.15 *The bolded numbers are potentially affected by the regulation. Source: MEPS 2004–2006 HC Surveys, controlled to 2010 consistent with the National Health Accounts. Note: Total number of young adults, age 19–25 is 29.5 million; the 20.15 million in this Table are the subset whose parents have either ESI or non-group coverage.

Initially, the subset of this group of (2.61 million). Thirty-seven states these young adults will be in young adults that will be affected by already have requirements concerning grandfathered group health plans, and these interim final regulations are those dependent coverage in the group thus that these young adults will not be who are either uninsured (3.44 million) market, although most of these are affected by the provisions of these or covered by individual coverage (2.42 substantially more restrictive than those interim final regulations. To the extent million). The statute does not require contained in this regulation.13 Using that some of the coverage in which these grandfathered group health plans to information about State laws obtained parents are enrolled is not offer coverage to young adults who from the Kaiser Family Foundation,14 a grandfathered, the effect of these interim currently have their own ESI or an offer State by State profile of State required final regulations will be larger than the of an ESI. For the purposes of this coverage based on a person’s State of estimates provided here. residence, age, student status, and living analysis, it is assumed that all plans • begin 2011 with grandfathered status. situation was developed. This profile Finally, there are 0.40 million These impacts could change if plans was then overlaid on MEPS data to young adults who have non-group lose their Grandfathered status. obtain an estimate of the number of coverage and whose parents have non- Of these 5.86 million young adults, as individuals that would newly become group coverage. Because the parents’ shown in Table 3, 3.49 million are also eligible for coverage due to these non-group coverage is underwritten, unlikely to switch to their parents’ interim final regulations. there is not likely to be any financial coverage because: • They have an offer of ESI and have benefit to the family in moving the • They are already allowed to enroll parents who are covered by ESI (0.48 young adult onto the parents’ coverage, in extended dependent coverage for million). For the purposes of this and the Departments assume that these young adults through their State’s regulatory impact statement, the young adults will not be affected by the existing laws, but have chosen not to Departments assume that the parents of regulation.

TABLE 3—‘‘UNINSURED’’ AND ‘‘NON-GROUP’’ YOUNG ADULTS UNLIKELY TO BE AFFECTED BY EXTENDING DEPENDENT COVERAGE TO AGE 26

Non-Group Uninsured coverage Total

(1) Young adults potentially covered by parent ESI due to state law ...... 1.30 1.31 2.61 (2) Young adults with an offer of ESI whose parents have ESI ...... 0.31 0.17 0.48 (3) Young adults with non-group coverage whose parents have non-group coverage ...... 0.40 0.40

Subtotal B ...... 1.61 1.88 3.49

As shown in Table 4, this leaves in the age group. Among the currently uninsured, and 0.55 million approximately 2.37 million young approximately 2.37 million young are currently covered by their own non- adults who might be affected by this adults who are estimated to be group coverage. provision, or approximately eight potentially affected by this provision, percent of the 29.5 million young adults approximately 1.83 million are

TABLE 4—YOUNG ADULTS POTENTIALLY AFFECTED BY EXTENDING DEPENDENT COVERAGE TO AGE 26

Non-group Uninsured coverage Total

Parents have ESI ...... 1.67 0.55 2.21 Parents have non-group ...... 0.16 ...... 0.16

13 Restrictions include requirements for financial 14 As described in Kaiser Family Foundation, Health Facts, at http://www.statehealthfacts.org/ dependency, student status, and age limits. Definition of Dependency by Age, 2010, KFF State comparetable.jsp?ind=601&cat=7.

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TABLE 4—YOUNG ADULTS POTENTIALLY AFFECTED BY EXTENDING DEPENDENT COVERAGE TO AGE 26—Continued

Non-group Uninsured coverage Total

Total (Subtotal A–Subtotal B)* ...... 1.83 0.55 2.37 Source: MEPS 2004–2006 HC Surveys, controlled to 2010 consistent with projections of the National Health Accounts. *Subtotal A is in Table 2 and Subtotal B is in Table 3.

It is difficult to estimate precisely policies. Again, these estimates would regardless of health or insurance status, what fraction of the 2.37 million young be based on a group that differs in 95 percent of young adults living at adults who might potentially be affected characteristics from those eligible for home and 85 percent of those not living by the provision will actually enroll on new dependent coverage. These at home would move to dependent their parents’ coverage. A study by concerns notwithstanding, the analyses coverage. For the mid-range scenario, Monheit and Cantor of the early of Medicaid expansions and employee the Departments assume that relative to experience in States that have extended take-up of employer sponsored coverage the high take-up rate scenario, 90 coverage to dependents suggests that provide useful points of reference. percent of the uninsured whose health Recognizing the uncertainty in the few uninsured children in these States status was fair or poor health and 50 shift to their parents’ policy.15 However, area, the Departments produced a range percent of those in good to excellent data and methodological difficulties of assumptions concerning take-up health would move to dependent inevitably lead to substantial rates. In developing the range of take-up uncertainty about the finding. rates, the Departments assume that these coverage. In the low take-up rate The Departments considered two rates will vary by the following factors: scenario, the Departments adjusted the other points of reference to estimate (1) The young adult’s current health percentages to 80 percent and 10 take-up rates. One is the work that has coverage status (uninsured young adults percent of the high take-up rate analyzed take-up rates among people are less likely to take advantage of the scenario. In all three scenarios, the same made newly eligible for public coverage dependent coverage option than young assumptions apply to individuals with by Medicaid expansions. These studies adults already covered by non-group non-group policies whose parents have suggest take-up rates in the range of 10– insurance, because young adults who ESI—95 percent of those living at home 34 percent.16 However, the populations have purchased non-group insurance and 85 percent of those living elsewhere eligible for these expansions have have shown a strong preference for would move to dependent coverage. different socio-demographic coverage, and can almost always save In the low take-up rate scenario, the compositions than those eligible for the money and get better coverage by assumptions lead to the result that dependent coverage provisions covered switching to their parents’ policy); (2) approximately 30 percent of eligibles under these interim final regulations, the young adult’s health status (young will enroll in dependent coverage. In and the decision to take-up Medicaid is adults in fair or poor health are more clearly different than the decision to likely to take advantage of the option the mid-range scenario, they result in an cover a child on a parent’s private than those in excellent, very good or approximate 50 percent take-up rate, insurance policy. A second point of good health), and (3) the young adult’s and in the high take-up scenario, they reference are estimates from the Kaiser/ living situation (those living with their result in an approximate 90 percent HRET Employer Health benefits parents are more likely to take up the take-up rate. The Departments are Survey 17 which suggest that, depending option than those not living with their uncertain regarding which of these on the size of the worker contribution, parents). scenarios is most likely but are between 77 percent and 90 percent of The almost fully covered or ‘‘high’’ confident that they bracket the expected employees accept offers of family take-up rate scenario assumes that outcome.

TABLE 5—NUMBER OF INDIVIDUALS WITH NEW DEPENDENT COVERAGE AND IMPACT ON GROUP INSURANCE PREMIUMS, 2011–2013

Low estimate Mid-range estimate High estimate 2011 2012 2013 2011 2012 2013 2011 2012 2013

Individuals with New Dependent Coverage (millions) ..... 0.68 0.97 1.08 1.24 1.60 1.65 2.12 2.07 1.98 From Uninsured (millions)...... 0.19 0.29 0.33 0.65 0.94 0.91 1.64 1.42 1.21 Incremental Premium Cost Per Individual Coverage ...... $3,670 $3,800 $4,000 $3,380 $3,500 $3,690 $3,220 $3,340 $3,510 Impact on Group Insurance Premiums (%)...... 0.5 0.7 0.7 0.7 1.0 1.0 1.2 1.2 1.1

15 Monheit, A., J. Cantor, et al, ‘‘State Policies Currie, Janet and Jonathan Gruber. ‘‘Saving babies: uninsured is close to 30 percent, while for pregnant Expanding Dependent Coverage to Young Adults in The Efficacy and Cost of Recent Changes in women it was seven percent. Private Health Insurance Plans,’’ presented at the Medicaid Eligibility of Pregnant Women.’’ The Gruber, Jonathan and Kosali Simon. ‘‘Crowd-Out Academy Health State Health Research and Policy Journal of Political Economy, Vol. 104, No. 6, Dec. Ten years Later: Have Recent Public Insurance Interest Group Meeting, Chicago IL, June 27, 2009. 1996, pp. 1263–1296. Find for Medicaid expansions Expansions Crowded Out Private Health 16 Bansak, Cynthia and Steven Raphael. ‘‘The during the 1979–1992 period the take-up rate for Insurance?’’ NBER Working Paper 12858. January Effects of State Policy Design Features on Take-Up eligible pregnant women was 34 percent. 2007. Find that for the Medicaid expansions during and Crowd-out Rates fro the State Children’s Health Cutler, David and Jonathan Gruber. ‘‘Does Public 1996–2002 the take-up rate was 7 percent across all Insurance Program.’’ Journal of Policy Analysis and Insurance Crowd Out Private Insurance?’’ The children, but nearly one-third for uninsured Management, Vol. 26, No. 1, 149–175. 2006. Find Quarterly Journal of Economics, Vol. 111, No. 2, children. that for the time period 1998–2002 take-up rates for May 1996, pp. 391–430. Find that for the Medicaid 17 Found at http://www.kff.org/insurance/ SCHIP were about 10 percent. expansions from 1987–1992 the take-up rate for the snapshot/chcm020707oth.cfm.

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These take-up rate assumptions are 19–25 population should decrease the the Departments expect a reduction in then applied to the number of number uninsured, which in turn uncompensated care, and a reduction in potentially affected individuals should decrease the cost-shifting of liability for those who fund displayed in Table 3. The resulting uncompensated care onto those with uncompensated care, including public number of individuals with new coverage, increase the receipt of programs (primarily Medicaid and State dependent coverage is summarized in preventive health care and provide more and local general revenue support for Table 5. Under the mid-range take-up timely access to high quality care, public hospitals), as well as the portion rate assumption, the Departments resulting in a healthier population. In of uncompensated care that is paid for estimate that in 2011, 1.24 million particular, children with chronic by the cost shift from private premium young adults will newly be covered by conditions or other serious health issues payers. Such effects would lead to lower their parents’ ESI or non-group market will be able to continue coverage premiums for the insured population, policies, of whom 0.65 million were through a parent’s plan until age 26. both with or without newly covered previously uninsured, and 0.6 million Allowing extended dependent coverage children. were previously covered by non-group also will permit greater job mobility for For the small number of children coverage. The number of individuals this population as their health coverage (75,000 in 2011) enrolling in their newly covered by their parents’ plans will no longer be tied to their own jobs parents’ non-group insurance policy would be 0.7 and 2.12 million under the or student status. under the mid-range take-up high and low take-up rate assumptions assumption, the Departments expect respectively, with 0.2 and 1.64 million 5. Costs and Transfers Associated With estimated annual premium cost to be of these individuals being previously the Rule $2,360 in 2011, $2,400 in 2012 and uninsured. Relative to the individuals Estimates for the incremental annual $2,480 in 2013. To a large extent, covered under the high take-up rate premium costs for the newly covered premiums in the non-group market are assumption, higher proportions of the individuals are developed based on individually underwritten, and the low- and mid-range assumption groups expenditure data from MEPS and vary Departments expect that most of the are accounted for by people who based on the take-up rate assumptions. premium cost will be borne by the previously had non-group coverage (72 These incremental costs are lowest for parents who are purchasing the policy percent and 48 percent respectively in the high take-up rate assumption since to which their child is added. If, contrast to 23 percent for the high take- the newly covered group would contain instead, these costs were distributed up rate group). This difference is a a relatively high percentage of over the entire individual market (as result of the Departments’ assumption individuals whose health status was would be the case in a pure community- for the low- and mid-range take-up rates good to excellent. Conversely, the low rated market), then individual that people with non-group coverage take-up rate assumption results in the premiums would be expected to rise 0.7 will be more likely than healthy people highest incremental costs because a percent in 2011, 1.0 percent in 2012, who were uninsured to take advantage higher percentage of the newly covered and 1.2 percent in 2013 due to these of the dependent coverage option. individuals would be those whose interim final regulations. However, the Under the mid-range take-up rate health status was fair to poor. For those Departments expect the actual increase assumptions, the estimated number of enrolling in their parents’ ESI, the across the entire individual market, if young adults covered by their parents’ expected annual premium cost under any, will be much smaller than these plans in 2012 increases somewhat over the mid-range take-up rate assumption estimates, because they expect that the the 2011 estimate to 1.6 million in total, would be $3,380 in 2011, $3,500 in 2012 costs largely will be borne by the of whom approximately 0.9 million and $3,690 in 2013. If these costs were subscribers who are directly affected would have been uninsured. The distributed among all family ESI plans, rather than distributed across the entire increase in the estimate for 2012 results family premiums would be expected to individual market. from the assumption that as children rise by 0.7 percent in 2011, 1.0 percent 6. Enrollment Opportunity reach the age that would have caused in 2012, and 1.0 percent in 2013 due to them to be excluded from their parents’ these interim final regulations.18 The These interim final regulations policy before the implementation of comparable incremental costs and provide an enrollment opportunity for these interim final regulations, a large premium effects for the low and high children excluded from coverage fraction of them now will remain on take-up rate assumptions are because of age before the effective date their parents’ policy. Similarly, the summarized in Table 5. To the extent of the rule. The Departments estimate estimated number of young adults that these increases are passed on to that this information collection request enrolling in their parents’ non-group workers in the form of higher premiums will result in approximately policy increases from just under 75,000 for all workers purchasing family 105,000,000 notices being distributed in 2011 to approximately 100,000 in policies or in the form of lower wages with an hour burden of approximately 2012, and 120,000 in 2013. for all workers, there will be a transfer 1,100,000 hours and cost burden of approximately $2,010,500. For a 4. Benefits from workers who do not have newly covered dependents to those who do. To discussion of this enrollment The benefits of these interim final the extent that these higher premiums opportunity, see the Paperwork regulations are expected to outweigh the result in lower profits or higher prices Reduction Act section later in this costs to the regulated community. In the for the employer’s product, the higher preamble. mid-range take-up rate assumption, the premiums will result in a transfer either Departments estimate that in 2011, 0.65 7. Regulatory Alternatives from stockholders or consumers. Section 6(a)(3)(C)(iii) of Executive million previously uninsured In addition, to the extent that these Order 12866 requires an economically individuals will now be covered on interim final regulations result in a significant regulation to include an their parent’s policies due to these decrease in the number of uninsured, interim final regulations and 1.24 assessment of the costs and benefits of million individuals total will now be 18 For purposes of this regulatory impact analysis, potentially effective and reasonable covered on their parent’s coverage. the Departments assume that there would be no alternatives to the planned regulation, Expanding coverage options for the effect on premiums for employee-only policies. and an explanation of why the planned

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regulatory action is preferable to the of the Treasury, it has been determined because, under the terms of the plan or potential alternatives. The Departments that this Treasury decision is not a coverage, the availability of dependent carefully considered limiting the significant regulatory action for coverage of children ended before the flexibility of plans and policies to define purposes of Executive Order 12866. attainment of age 26. The enrollment who is a child. However, the Therefore, a regulatory assessment is not opportunity must continue for at least Departments concluded, as they have in required. It has also been determined 30 days, regardless of whether the plan other regulatory contexts, that plan that section 553(b) of the APA (5 U.S.C. or coverage offers an open enrollment sponsors and issuers should be free to chapter 5) does not apply to these period and regardless of when any open determine whether to cover children or interim final regulations. For the enrollment period might otherwise which children should be covered by applicability of the RFA, refer to the occur. This enrollment opportunity their plans and policies (although they Special Analyses section in the must be presented not later than the first must comply with other applicable preamble to the cross-referencing notice day of the first plan year (in the Federal or State law mandating of proposed rulemaking published individual market, policy year) coverage, such as ERISA section 609). elsewhere in this issue of the Federal beginning on or after September 23, Therefore, these interim final Register. Pursuant to section 7805(f) of 2010 (which is the applicability date of regulations have not limited a plan’s or the Code, these temporary regulations PHS Act section 2714). Coverage must policy’s flexibility to define who is a have been submitted to the Chief begin not later than the first day of the child for purposes of the determination Counsel for Advocacy of the Small first plan year (in the individual market, of children to whom coverage must be Business Administration for comment policy year) beginning on or after made available. on their impact on small businesses. September 23, 2010.19 The Affordable Care Act dependent C. Regulatory Flexibility Act— E. Paperwork Reduction Act coverage enrollment opportunity notice Department of Labor and Department of is an information collection request Health and Human Services 1. Department of Labor and Department of the Treasury: Affordable Care Act (ICR) subject to the PRA. Currently, the The Regulatory Flexibility Act (5 Enrollment Opportunity Notice Relating Departments are soliciting public U.S.C. 601 et seq.) (RFA) imposes to Extended Dependent Coverage comments for 60 days concerning these certain requirements with respect to disclosures. The Departments have Federal rules that are subject to the As part of their continuing efforts to submitted a copy of these interim final notice and comment requirements of reduce paperwork and respondent regulations to OMB in accordance with section 553(b) of the APA (5 U.S.C. 551 burden, the Departments conduct a 44 U.S.C. 3507(d) for review of the et seq.) and that are likely to have a preclearance consultation program to information collections. The significant economic impact on a provide the general public and federal Departments and OMB are particularly substantial number of small entities. agencies with an opportunity to interested in comments that: Under Section 553(b) of the APA, a comment on proposed and continuing • Evaluate whether the collection of general notice of proposed rulemaking collections of information in accordance information is necessary for the proper is not required when an agency, for with the Paperwork Reduction Act of performance of the functions of the good cause, finds that notice and public 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). agency, including whether the comment thereon are impracticable, This helps to ensure that requested data information will have practical utility; unnecessary, or contrary to the public can be provided in the desired format, • Evaluate the accuracy of the interest. These interim final regulations reporting burden (time and financial agency’s estimate of the burden of the are exempt from APA, because the resources) is minimized, collection collection of information, including the Departments made a good cause finding instruments are clearly understood, and validity of the methodology and that a general notice of proposed the impact of collection requirements on assumptions used; rulemaking is not necessary earlier in respondents can be properly assessed. • Enhance the quality, utility, and this preamble. Therefore, the RFA does As discussed earlier in this preamble, clarity of the information to be not apply and the Departments are not prior to the applicability date of PHS collected; and required to either certify that the Act section 2714, a child who was • Minimize the burden of the regulations would not have a significant covered under a group health plan (or collection of information on those who economic impact on a substantial group health insurance coverage) may are to respond, including through the number of small entities or conduct a have lost eligibility for coverage under use of appropriate automated, regulatory flexibility analysis. the plan due to age before age 26. electronic, mechanical, or other Nevertheless, the Departments Moreover, if a child was under age 26 technological collection techniques or carefully considered the likely impact of when a parent first became eligible for other forms of information technology, the regulations on small entities in coverage, but older than the age at for example, by permitting electronic connection with their assessment under which the plan stopped covering submission of responses. Executive Order 12866. Consistent with children, the child would not have Comments should be sent to the the policy of the RFA, the Departments become eligible for coverage. When the Office of Information and Regulatory encourage the public to submit provisions of PHS Act section 2714 Affairs, Attention: Desk Officer for the comments that suggest alternative rules become applicable to the plan (or Employee Benefits Security that accomplish the stated purpose of coverage), the plan or coverage can no PHS Act section 2714 and minimize the longer exclude coverage for the 19 Any individual enrolling in coverage pursuant impact on small entities. individual until age 26. to this enrollment right must be treated as a special Accordingly, these interim final enrollee, as provided under HIPAA portability D. Special Analyses—Department of the rules. Accordingly, the individual must be offered regulations require plans to provide a all the benefit packages available to similarly Treasury notice of an enrollment opportunity to situated individuals who did not lose coverage by Notwithstanding the determinations individuals whose coverage ended, or reason of cessation of dependent status. The individual also cannot be required to pay more for of the Department of Labor and who were denied coverage (or were not coverage than similarly situated individuals who Department of Health and Human eligible for coverage) under a group did not lose coverage by reason of cessation of Services, for purposes of the Department health plan or health insurance coverage dependent status.

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Administration either by fax to (202) documents, such as open enrollment When the provisions of PHS Act section 395–7285 or by e-mail to materials. Therefore, the Departments 2714 become applicable to the plan (or [email protected]. A copy have not included postage costs in this coverage), the plan or coverage can no of the ICR may be obtained by estimate. The Departments note that longer exclude coverage for the contacting the PRA addressee: G. persons are not required to respond to, individual until age 26. Christopher Cosby, Office of Policy and and generally are not subject to any Accordingly, these interim final Research, U.S. Department of Labor, penalty for failing to comply with, an regulations require issuers in the Employee Benefits Security ICR unless the ICR has a valid OMB individual insurance market and group Administration, 200 Constitution control number.23 health plans sponsored by State and Avenue, NW., Room N–5718, These paperwork burden estimates local governments to provide a notice of Washington, DC 20210. Telephone: are summarized as follows: an enrollment opportunity to (202) 693–8410; Fax: (202) 219–4745. Type of Review: New collection. individuals whose coverage ended, or These are not toll-free numbers. E-mail: Agencies: Employee Benefits Security who was denied coverage (or was not [email protected]. ICRs submitted to Administration, Department of Labor; eligible for coverage) under a group OMB also are available at reginfo.gov Internal Revenue Service, U.S. health plan or group health insurance (http://www.reginfo.gov/public/do/ Department of the Treasury. coverage because, under the terms of the PRAMain). Title: Affordable Care Act Enrollment plan or coverage, the availability of The Departments assume that Opportunity Notice Relating to dependent coverage of children ended 2,800,000 ERISA covered plans will Extended Dependent Coverage. before the attainment of age 26. The send the enrollment opportunity notice OMB Number: 1210–0139; enrollment opportunity must continue to all 79,573,000 employees eligible for 1545–2172. for at least 30 days, regardless of group health insurance coverage. The Affected Public: Business or other for- whether the plan or coverage offers an Departments estimate that preparing the profit; not-for-profit institutions. open enrollment period and regardless enrollment notice will require 30 Total Respondents: 2,800,000. of when any open enrollment period minutes of legal professional time at a Total Responses: 79,573,000. might otherwise occur. This enrollment labor rate of $119 per hour 20 and one Frequency of Response: One-time. opportunity must be presented not later minute of clerical time at $26 per hour Estimated Total Annual Burden than the first day of the first plan year per paper notice to distribute the Hours: 411,000 hours (Employee (in the individual market, policy year) notices.21 This results in an hour burden Benefits Security Administration); beginning on or after September 23, of nearly 822,000 hours and an 411,000 hours (Internal Revenue 2010 (which is the applicability date of associated equivalent cost of nearly Service). PHS Act section 2714). Coverage must $21,513,000. Estimated Total Annual Burden Cost: begin not later than the first day of the The Departments estimate that the $1,233,500 (Employee Benefits Security first plan year (in the individual market, cost burden associated with distributing Administration); $1,233,500 (Internal policy year) beginning on or after the approximately 79,573,000 notices Revenue Service). September 23, 2010.24 will be approximately $2,467,000 based 2. Department of Health and Human The Department estimates that on one minute of clerical time, and $.05 Services: Affordable Care Act 126,000 State and local governmental per page for material and printing costs. Enrollment Opportunity Notice Relating plans would have to send 19,627,000 The Departments assumed that 38 to Extended Dependent Coverage notices to eligible employees and 490 percent of the notices would be sent insurers in the individual market would electronically.22 In addition, plans can We are soliciting public comment on have to send approximately 5,444,000 send these notices with other plan the following sections of this document notices to individuals with policies that contain information collection covering dependents.25 For purposes of 20 Hourly wage estimates are based on data from requirements (ICR) regarding the this estimate, the Department assumes the Bureau of Labor Statistics Occupational Affordable Care Act—ICR Relating to that it will take a legal professional, on Employment Survey (May 2008) and the Bureau of Enrollment Opportunity Notice— Labor Statistics Employment Cost Index (June average, 30 minutes to prepare the 26 2009). All hourly wage rates include wages and Dependent Coverage. As discussed notice at a labor rate of $119 per hour, benefits. Clerical wage and benefits estimates are earlier in this preamble, the Affordable and one minute, on average, of a clerical based on metropolitan wage rates for executive Care Act and these interim final professional’s time at $26 per hour to secretaries and administrative assistants. Legal regulations require issuers in the 27 professional wage and benefits estimates are based copy and mail the notice. While plans on metropolitan wage rates for lawyers. individual market and group health could prepare their own notice, the 21 While plans could prepare their own notice, plans sponsored by State and local the Departments assume that the notices will be governments to notify participants 24 Any individual enrolling in coverage pursuant prepared by service providers. The Departments regarding an enrollment opportunity to this enrollment right must be treated as a special have previously estimated that there are 630 health enrollee, as provided under HIPAA portability insurers (460 providing coverage in the group related to the extension of dependent rules. Accordingly, the individual must be offered market, and 490 providing coverage in the coverage. Prior to the applicability date all the benefit packages available to similarly individual market.). These estimates are from NAIC of PHS Act section 2714, a child who situated individuals who did not lose coverage by 2007 financial statements data and the California was covered under a group health plan reason of cessation of dependent status. The Department of Managed Healthcare (2009), at individual also cannot be required to pay more for http://wpso.dmhc.ca.gov/hpsearch/viewall.aspx. (or group health insurance coverage) as coverage than similarly situated individuals who Because the hour and cost burden is shared a dependent may have lost eligibility for did not lose coverage by reason of cessation of between the Departments of Labor/Treasury and the coverage under the plan due to age dependent status. Department of Health and Human Services, the before age 26. Moreover, if, when a 25 The number of individual insurance notices burden to prepare the notices is calculated using was based on the number of individual policy half the number of insurers (315). parent first became eligible for coverage, holders with dependents on that policy according 22 For purposes of this burden estimate, the a child was under age 26 but older than to the 2009 March Current Population Survey Departments assume that 38 percent of the the age at which the plan stopped (CPS). disclosures will be provided through electronic covering children, the child would not 26 Estimates of labor rates include wages, other means in accordance with the Department of benefits, and overhead based on the National Labor’s standards for electronic communication of have become eligible for coverage. Occupational Employment Survey (May 2008, required information provided under 29 CFR Bureau of Labor Statistics) and the Employment 2520.104b–1(c). 23 5 CFR 1320.1 through 1320.18. Cost Index June 2009, Bureau of Labor Statistics).

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Department assumes that the notices Responses: 25,071,000. levels of government. Federal agencies will be prepared by service providers. Frequency of Response: One-time. promulgating regulations that have The Department has previously Estimated Total Annual Burden these federalism implications must estimated that there are 630 health Hours: 259,000 hours. consult with State and local officials, insurers 28 (460 providing coverage in Estimated Total Annual Burden Cost: and describe the extent of their the group market, and 490 providing $777,000. consultation and the nature of the coverage in the individual market). If you comment on this information concerns of State and local officials in Because the hour and cost burden is collection and recordkeeping the preamble to the regulation. shared among the Departments of Labor/ requirements, please do either of the In the Departments’ view, these Treasury and the Department of Health following: interim final regulations have and Human Services, the burden to 1. Submit your comments federalism implications, because they prepare the notices is calculated using electronically as specified in the have direct effects on the States, the half the number of insurers (315). The ADDRESSES section of this proposed rule; relationship between the national Department assumes that 38 percent of or government and States, or on the the notices would be sent 2. Submit your comments to the distribution of power and electronically.29 Notices that are sent Office of Information and Regulatory responsibilities among various levels of electronically do not require any of the Affairs, Office of Management and government. However, in the clerical worker’s time to mail the notice. Budget, Departments’ view, the federalism This results in an hour burden of Attention: CMS Desk Officer, 4140– implications of these interim final approximately 259,000 hours and an IFC regulations are substantially mitigated associated equivalent cost of about Fax: (202) 395–6974; or because, with respect to health E-mail: $6,791,000 to prepare and distribute insurance issuers, the Departments [email protected] 25,071,000 notices. The Department expect that the majority of States will estimates that the cost burden F. Congressional Review Act enact laws or take other appropriate associated with distributing the notices These interim final regulations are action resulting in their meeting or will be approximately $777,000.30 The subject to the Congressional Review Act exceeding the Federal standard. Department assumes that 38 percent of provisions of the Small Business In general, through section 514, the notices would be sent Regulatory Enforcement Fairness Act of ERISA supersedes State laws to the electronically.31 In addition, plans and 1996 (5 U.S.C. 801 et seq.) and have extent that they relate to any covered issuers can send these notices with been transmitted to Congress and the employee benefit plan, and preserves other plan documents (for example, Comptroller General for review. State laws that regulate insurance, during open enrollment for the banking, or securities. While ERISA government plans, or other G. Unfunded Mandates Reform Act prohibits States from regulating a plan communication at reenrollment in the The Unfunded Mandates Reform Act as an insurance or investment company individual market). Therefore, the of 1995 (Pub. L. 104–4) requires or bank, the preemption provisions of Department did not include postage agencies to prepare several analytic ERISA section 731 and PHS Act section costs in this estimate. The Department statements before proposing any rules 2724 (implemented in 29 CFR notes that persons are not required to that may result in annual expenditures 2590.731(a) and 45 CFR 146.143(a)) respond to, and generally are not subject of $100 million (as adjusted for apply so that the HIPAA requirements to any penalty for failing to comply inflation) by State, local and tribal (including those of the Affordable Care with, an ICR unless the ICR has a valid governments or the private sector. These Act) are not to be ‘‘construed to 32 OMB control number. interim final regulations are not subject supersede any provision of State law These paperwork burden estimates to the Unfunded Mandates Reform Act, which establishes, implements, or are summarized as follows: because they are being issued as an continues in effect any standard or Type of Review: New collection. interim final regulation. However, requirement solely relating to health Agency: Department of Health and consistent with the policy embodied in insurance issuers in connection with Human Services. the Unfunded Mandates Reform Act, group health insurance coverage except Title: Notice of Special Enrollment these interim final regulations have to the extent that such standard or Opportunity under the Affordable Care been designed to be the least requirement prevents the application of Act Relating to Dependent Coverage. burdensome alternative for State, local a requirement’’ of a federal standard. OMB Number: 0938–1089. and tribal governments, and the private The conference report accompanying Affected Public: Business; State, sector, while achieving the objectives of HIPAA indicates that this is intended to Local, or Tribal Governments. the Affordable Care Act. be the ‘‘narrowest’’ preemption of State Respondents: 126,000. laws. (See House Conf. Rep. No. 104– H. Federalism Statement—Department 736, at 205, reprinted in 1996 U.S. Code 28 These estimates are from NAIC 2007 financial of Labor and Department of Health and Cong. & Admin. News 2018.) States may statements data and the California Department of Human Services Managed Healthcare (2009), at http:// continue to apply State law wpso.dmhc.ca.gov/hpsearch/viewall.aspx. Executive Order 13132 outlines requirements except to the extent that 29 For purposes of this burden estimate, the fundamental principles of federalism, such requirements prevent the Department assumes that 38 percent of the and requires the adherence to specific application of the Affordable Care Act disclosures will be provided through electronic means. criteria by Federal agencies in the requirements that are the subject of this 30 This estimate is based on an average document process of their formulation and rulemaking. State insurance laws that size of one page and $.05 cents per page for material implementation of policies that have are more stringent than the Federal and printing costs. ‘‘substantial direct effects’’ on the States, requirements are unlikely to ‘‘prevent 31 For purposes of this burden estimate, the the relationship between the national the application of’’ the Affordable Care Department assumes that 38 percent of the disclosures will be provided through electronic government and States, or on the Act, and be preempted. Accordingly, means. distribution of power and States have significant latitude to 32 5 CFR 1320.1 through 1320.18. responsibilities among the various impose requirements on health

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insurance issuers that are more USC 300gg through 300gg–63, 300gg–91, make such coverage available for restrictive than the Federal law. and 300gg–92), as amended. children until attainment of 26 years of age. In compliance with the requirement List of Subjects of Executive Order 13132 that agencies (2) The rule of this paragraph (a) is examine closely any policies that may 26 CFR Part 54 illustrated by the following example: have federalism implications or limit Excise taxes, Health care, Health Example. (i) Facts. For the plan year the policy making discretion of the insurance, Pensions, Reporting and beginning January 1, 2011, a group health States, the Departments have engaged in recordkeeping requirements. plan provides health coverage for employees, efforts to consult with and work employees’ spouses, and employees’ children cooperatively with affected State and 26 CFR Part 602 until the child turns 26. On the birthday of a child of an employee, July 17, 2011, the local officials, including attending Reporting and recordkeeping child turns 26. The last day the plan covers conferences of the National Association requirements. the child is July 16, 2011. of Insurance Commissioners and (ii) Conclusion. In this Example, the plan consulting with State insurance officials 29 CFR Part 2590 satisfies the requirement of this paragraph (a) on an individual basis. It is expected Continuation coverage, Disclosure, with respect to the child. that the Departments will act in a Employee benefit plans, Group health (b) Restrictions on plan definition of similar fashion in enforcing the plans, Health care, Health insurance, dependent. With respect to a child who Affordable Care Act requirements. Medical child support, Reporting and has not attained age 26, a plan or issuer Throughout the process of developing recordkeeping requirements. may not define dependent for purposes these interim final regulations, to the 45 CFR Parts 144, 146, and 147 of eligibility for dependent coverage of extent feasible within the specific children other than in terms of a preemption provisions of HIPAA as it Health care, Health insurance, relationship between a child and the applies to the Affordable Care Act, the Reporting and recordkeeping participant. Thus, for example, a plan or Departments have attempted to balance requirements, and State regulation of issuer may not deny or restrict coverage the States’ interests in regulating health health insurance. for a child who has not attained age 26 insurance issuers, and Congress’ intent Steven T. Miller, based on the presence or absence of the to provide uniform minimum Deputy Commissioner for Services and child’s financial dependency (upon the protections to consumers in every State. Enforcement, Internal Revenue Service. participant or any other person), By doing so, it is the Departments’ view Approved: May 7, 2010. residency with the participant or with that they have complied with the Michael F. Mundaca, any other person, student status, requirements of Executive Order 13132. employment, or any combination of Pursuant to the requirements set forth Assistant Secretary of the Treasury (Tax Policy). those factors. In addition, a plan or in section 8(a) of Executive Order Signed this 6th day of May 2010. issuer may not deny or restrict coverage 13132, and by the signatures affixed to of a child based on eligibility for other Phyllis C. Borzi, these regulations, the Departments coverage, except that paragraph (g) of certify that the Employee Benefits Assistant Secretary, Employee Benefits this section provides a special rule for Security Administration and the Office Security Administration, Department of Labor. plan years beginning before January 1, of Consumer Information and Insurance 2014 for grandfathered health plans that Approved: May 4, 2010. Oversight have complied with the are group health plans. (Other requirements of Executive Order 13132 Jay Angoff, requirements of Federal or State law, for the attached regulation in a Director, Office of Consumer Information and including section 609 of ERISA or meaningful and timely manner. Insurance Oversight. section 1908 of the Social Security Act, Approved: May 7, 2010. V. Statutory Authority may mandate coverage of certain Kathleen Sebelius, children.) The Department of the Treasury Secretary, Department of Health and Human (c) Coverage of grandchildren not temporary regulations are adopted Services. required. Nothing in this section pursuant to the authority contained in Internal Revenue Service requires a plan or issuer to make sections 7805 and 9833 of the Code. coverage available for the child of a The Department of Labor interim final 26 CFR Chapter 1 child receiving dependent coverage. regulations are adopted pursuant to the ■ Accordingly, 26 CFR Parts 54 and 602 (d) Uniformity irrespective of age. The authority contained in 29 U.S.C. 1027, are amended as follows: terms of the plan or health insurance 1059, 1135, 1161–1168, 1169, 1181– coverage providing dependent coverage 1183, 1181 note, 1185, 1185a, 1185b, PART 54—PENSION EXCISE TAXES of children cannot vary based on age 1191, 1191a, 1191b, and 1191c; sec. (except for children who are age 26 or ■ Paragraph 1. The authority citation 101(g), Pub. L. 104–191, 110 Stat. 1936; older). sec. 401(b), Pub. L. 105–200, 112 Stat. for part 54 continues to read in part as (e) Examples. The rules of paragraph 645 (42 U.S.C. 651 note); sec. 512(d), follows: (d) of this section are illustrated by the Pub. L. 110–343, 122 Stat. 3881; sec. Authority: 26 U.S.C. 7805. * * * following examples: 1001, 1201, and 1562(e), Pub. L. 111– ■ Par. 2. Section 54.9815–2714T is Example 1. (i) Facts. A group health plan 148, 124 Stat. 119, as amended by Pub. added to read as follows: offers a choice of self-only or family health L. 111–152, 124 Stat. 1029; Secretary of coverage. Dependent coverage is provided Labor’s Order 6–2009, 74 FR 21524 § 54.9815–2714T Eligibility of children until under family health coverage for children of (May 7, 2009). at least age 26 (temporary). participants who have not attained age 26. The Department of Health and Human (a) In general—(1) A group health The plan imposes an additional premium surcharge for children who are older than age Services interim final regulations are plan, or a health insurance issuer 18. adopted pursuant to the authority offering group health insurance (ii) Conclusion. In this Example 1, the plan contained in sections 2701 through coverage, that makes available violates the requirement of paragraph (d) of 2763, 2791, and 2792 of the PHS Act (42 dependent coverage of children must this section because the plan varies the terms

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for dependent coverage of children based on opportunity (including the written plan at the beginning of the 2010 plan year. age. notice) must be provided beginning not On June 10, 2010, C turns 23 years old and Example 2. (i) Facts. A group health plan later than the first day of the first plan loses dependent coverage under Y’s plan. On offers a choice among the following tiers of year beginning on or after September 23, or before January 1, 2011, Y’s group health health coverage: self-only, self-plus-one, self- plan gives B written notice that individuals plus-two, and self-plus-three-or-more. The 2010. who lost coverage by reason of ceasing to be cost of coverage increases based on the (ii) The written notice must include a a dependent before attainment of age 26 are number of covered individuals. The plan statement that children whose coverage eligible to enroll in the plan, and that provides dependent coverage of children ended, or who were denied coverage (or individuals may request enrollment for such who have not attained age 26. were not eligible for coverage), because children through February 14, 2011 with (ii) Conclusion. In this Example 2, the plan the availability of dependent coverage of enrollment effective retroactively to January does not violate the requirement of paragraph children ended before attainment of age 1, 2011. (ii) Conclusion. In this Example 1, the plan (d) of this section that the terms of dependent 26 are eligible to enroll in the plan or coverage for children not vary based on age. has complied with the requirements of this coverage. The notice may be provided to paragraph (f) by providing an enrollment Although the cost of coverage increases for an employee on behalf of the tiers with more covered individuals, the opportunity to C that lasts at least 30 days. increase applies without regard to the age of employee’s child. In addition, the notice Example 2. (i) Facts. Employer Z maintains any child. may be included with other enrollment a group health plan with a plan year Example 3. (i) Facts. A group health plan materials that a plan distributes to beginning October 1 and ending September offers two benefit packages—an HMO option employees, provided the statement is 30. Prior to October 1, 2010, the group health plan allows children of employees to be and an indemnity option. Dependent prominent. If a notice satisfying the covered under the plan until age 22. coverage is provided for children of requirements of this paragraph (f)(2) is Individual D, an employee of Z, and participants who have not attained age 26. provided to an employee whose child is Individual E, D’s child, are enrolled in family The plan limits children who are older than entitled to an enrollment opportunity coverage under Z’s group health plan for the age 18 to the HMO option. under this paragraph (f), the obligation plan year beginning on October 1, 2008. On (ii) Conclusion. In this Example 3, the plan to provide the notice of enrollment May 1, 2009, E turns 22 years old and ceases violates the requirement of paragraph (d) of to be eligible as a dependent under Z’s plan this section because the plan, by limiting opportunity under this paragraph (f)(2) with respect to that child is satisfied for and loses coverage. D drops coverage but children who are older than age 18 to the remains an employee of Z. HMO option, varies the terms for dependent both the plan and the issuer. (ii) Conclusion. In this Example 2, not later coverage of children based on age. (3) Effective date of coverage. In the than October 1, 2010, the plan must provide (f) Transitional rules for individuals case of an individual who enrolls under D and E an opportunity to enroll (including whose coverage ended by reason of paragraph (f)(2) of this section, coverage written notice of an opportunity to enroll) reaching a dependent eligibility must take effect not later than the first that continues for at least 30 days, with day of the first plan year beginning on enrollment effective not later than October 1, threshold—(1) In general. The relief 2010. provided in the transitional rules of this or after September 23, 2010. (4) Treatment of enrollees in a group Example 3. (i) Facts. Same facts as paragraph (f) applies with respect to any Example 2, except that D did not drop child— health plan. Any child enrolling in a coverage. Instead, D switched to a lower-cost (i) Whose coverage ended, or who was group health plan pursuant to paragraph benefit package option. denied coverage (or was not eligible for (f)(2) of this section must be treated as (ii) Conclusion. In this Example 3, not later coverage) under a group health plan or if the child were a special enrollee, as than October 1, 2010, the plan must provide provided under the rules of § 54.9801– D and E an opportunity to enroll in any group health insurance coverage benefit package available to similarly situated because, under the terms of the plan or 6(d). Accordingly, the child (and, if the child would not be a participant once individuals who enroll when first eligible. coverage, the availability of dependent Example 4. (i) Facts. Same facts as coverage of children ended before the enrolled in the plan, the participant Example 2, except that E elected COBRA attainment of age 26 (which, under this through whom the child is otherwise continuation coverage. section, is no longer permissible); and eligible for coverage under the plan) (ii) Conclusion. In this Example 4, not later (ii) Who becomes eligible (or is must be offered all the benefit packages than October 1, 2010, the plan must provide required to become eligible) for coverage available to similarly situated D and E an opportunity to enroll other than individuals who did not lose coverage as a COBRA qualified beneficiary (and must under a group health plan or group provide, by that date, written notice of the health insurance coverage on the first by reason of cessation of dependent status. For this purpose, any difference opportunity to enroll) that continues for at day of the first plan year beginning on least 30 days, with enrollment effective not or after September 23, 2010 by reason of in benefits or cost-sharing requirements later than October 1, 2010. the application of this section. constitutes a different benefit package. Example 5. (i) Facts. Employer X maintains (2) Opportunity to enroll required. (i) The child also cannot be required to pay a group health plan with a calendar year plan If a group health plan, or group health more for coverage than similarly year. Prior to 2011, the plan allows children insurance coverage, in which a child situated individuals who did not lose of employees to be covered under the plan until the child attains age 22. During the described in paragraph (f)(1) of this coverage by reason of cessation of dependent status. 2009 plan year, an individual with a 22-year section is eligible to enroll (or is old child joins the plan; the child is denied required to become eligible to enroll) is (5) Examples. The rules of this paragraph (f) are illustrated by the coverage because the child is 22. the plan or coverage in which the (ii) Conclusion. In this Example 5, child’s coverage ended (or did not following examples: notwithstanding that the child was not begin) for the reasons described in Example 1. (i) Facts. Employer Y maintains previously covered under the plan, the plan paragraph (f)(1)(i) of this section, and if a group health plan with a calendar year plan must provide the child, not later than January the plan, or the issuer of such coverage, year. The plan has a single benefit package. 1, 2011, an opportunity to enroll (including written notice to the employee of an is subject to the requirements of this For the 2010 plan year, the plan allows children of employees to be covered under opportunity to enroll the child) that section, the plan and the issuer are the plan until age 19, or until age 23 for continues for at least 30 days, with required to give the child an children who are full-time students. enrollment effective not later than January 1, opportunity to enroll that continues for Individual B, an employee of Y, and 2011. at least 30 days (including written Individual C, B’s child and a full-time (g) Special rule for grandfathered notice of the opportunity to enroll). This student, were enrolled in Y’s group health group health plans—(1) For plan years

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beginning before January 1, 2014, a 645 (42 U.S.C. 651 note); sec. 512(d), Pub. L. (except for children who are age 26 or group health plan that qualifies as a 110–343, 122 Stat. 3881; sec. 1001, 1201, and older). grandfathered health plan under section 1562(e), Pub. L. 111–148, 124 Stat. 119, as (e) Examples. The rules of paragraph amended by Pub. L. 111–152, 124 Stat. 1029; (d) of this section are illustrated by the 1251 of the Patient Protection and Secretary of Labor’s Order 6–2009, 74 FR Affordable Care Act and that makes 21524 (May 7, 2009). following examples: available dependent coverage of ■ 2. Section 2590.715–2714 is added to Example 1. (i) Facts. A group health plan children may exclude an adult child Subpart C to read as follows: offers a choice of self-only or family health who has not attained age 26 from coverage. Dependent coverage is provided coverage only if the adult child is § 2590.715–2714 Eligibility of children until under family health coverage for children of eligible to enroll in an eligible at least age 26. participants who have not attained age 26. employer-sponsored health plan (as (a) In general—(1) A group health The plan imposes an additional premium defined in section 5000A(f)(2)) other plan, or a health insurance issuer surcharge for children who are older than age 18. than a group health plan of a parent. offering group health insurance (ii) Conclusion. In this Example 1, the plan (2) For plan years beginning on or coverage, that makes available violates the requirement of paragraph (d) of after January 1, 2014, a group health dependent coverage of children must this section because the plan varies the terms plan that qualifies as a grandfathered make such coverage available for for dependent coverage of children based on health plan under section 1251 of the children until attainment of 26 years of age. Patient Protection and Affordable Care age. Example 2. (i) Facts. A group health plan Act must comply with the requirements (2) The rule of this paragraph (a) is offers a choice among the following tiers of of paragraphs (a) through (f) of this illustrated by the following example: health coverage: self-only, self-plus-one, self- section. plus-two, and self-plus-three-or-more. The Example. (i) Facts. For the plan year cost of coverage increases based on the (h) Applicability date. The provisions beginning January 1, 2011, a group health of this section apply for plan years number of covered individuals. The plan plan provides health coverage for employees, provides dependent coverage of children beginning on or after September 23, employees’ spouses, and employees’ children who have not attained age 26. 2010. until the child turns 26. On the birthday of (ii) Conclusion. In this Example 2, the plan a child of an employee, July 17, 2011, the (i) Expiration date. This section does not violate the requirement of paragraph child turns 26. The last day the plan covers expires on or before May 13, 2013. (d) of this section that the terms of dependent the child is July 16, 2011. coverage for children not vary based on age. (ii) Conclusion. In this Example, the plan Although the cost of coverage increases for PART 602—OMB CONTROL NUMBERS satisfies the requirement of this paragraph (a) tiers with more covered individuals, the UNDER THE PAPERWORK with respect to the child. REDUCTION ACT increase applies without regard to the age of (b) Restrictions on plan definition of any child. ■ Par. 5. The authority citation for part dependent. With respect to a child who Example 3. (i) Facts. A group health plan 602 continues to read as follows: has not attained age 26, a plan or issuer offers two benefit packages—an HMO option may not define dependent for purposes and an indemnity option. Dependent Authority: 26 U.S.C. 7805. of eligibility for dependent coverage of coverage is provided for children of participants who have not attained age 26. ■ children other than in terms of a Par. 6. In § 602.101, paragraph (b) is The plan limits children who are older than amended by adding the following entry relationship between a child and the age 18 to the HMO option. in numerical order to the table: participant. Thus, for example, a plan or (ii) Conclusion. In this Example 3, the plan issuer may not deny or restrict coverage violates the requirement of paragraph (d) of § 602.101 OMB Control numbers. for a child who has not attained age 26 this section because the plan, by limiting * * * * * based on the presence or absence of the children who are older than age 18 to the (b) * * * child’s financial dependency (upon the HMO option, varies the terms for dependent participant or any other person), coverage of children based on age. CFR part or section where Current OMB residency with the participant or with identified and described control No. (f) Transitional rules for individuals any other person, student status, whose coverage ended by reason of employment, or any combination of reaching a dependent eligibility ***** those factors. In addition, a plan or threshold—(1) In general. The relief 54.9815–2714T ...... 1545–2172 issuer may not deny or restrict coverage provided in the transitional rules of this of a child based on eligibility for other paragraph (f) applies with respect to any ***** coverage, except that paragraph (g) of child— this section provides a special rule for (i) Whose coverage ended, or who was Employee Benefits Security plan years beginning before January 1, denied coverage (or was not eligible for Administration 2014 for grandfathered health plans that coverage) under a group health plan or 29 CFR Chapter XXV are group health plans. (Other group health insurance coverage requirements of Federal or State law, because, under the terms of the plan or ■ 29 CFR Part 2590 is amended as including section 609 of ERISA or coverage, the availability of dependent follows: section 1908 of the Social Security Act, coverage of children ended before the PART 2590—RULES AND may mandate coverage of certain attainment of age 26 (which, under this REGULATIONS FOR GROUP HEALTH children.) section, is no longer permissible); and PLANS (c) Coverage of grandchildren not (ii) Who becomes eligible (or is required. Nothing in this section required to become eligible) for coverage ■ 1. The authority citation for Part 2590 requires a plan or issuer to make under a group health plan or group is revised to read as follows: coverage available for the child of a health insurance coverage on the first Authority: 29 U.S.C. 1027, 1059, 1135, child receiving dependent coverage. day of the first plan year beginning on 1161–1168, 1169, 1181–1183, 1181 note, (d) Uniformity irrespective of age. The or after September 23, 2010 by reason of 1185, 1185a, 1185b, 1191, 1191a, 1191b, and terms of the plan or health insurance the application of this section. 1191c; sec. 101(g), Pub. L.104–191, 110 Stat. coverage providing dependent coverage (2) Opportunity to enroll required—(i) 1936; sec. 401(b), Pub. L. 105–200, 112 Stat. of children cannot vary based on age If a group health plan, or group health

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insurance coverage, in which a child coverage by reason of cessation of of employees to be covered under the plan described in paragraph (f)(1) of this dependent status. until the child attains age 22. During the section is eligible to enroll (or is (5) Examples. The rules of this 2009 plan year, an individual with a 22-year required to become eligible to enroll) is paragraph (f) are illustrated by the old child joins the plan; the child is denied coverage because the child is 22. the plan or coverage in which the following examples: (ii) Conclusion. In this Example 5, child’s coverage ended (or did not Example 1. (i) Facts. Employer Y maintains notwithstanding that the child was not begin) for the reasons described in a group health plan with a calendar year plan previously covered under the plan, the plan paragraph (f)(1)(i) of this section, and if year. The plan has a single benefit package. must provide the child, not later than January the plan, or the issuer of such coverage, For the 2010 plan year, the plan allows 1, 2011, an opportunity to enroll (including is subject to the requirements of this children of employees to be covered under written notice to the employee of an section, the plan and the issuer are the plan until age 19, or until age 23 for opportunity to enroll the child) that required to give the child an children who are full-time students. continues for at least 30 days, with enrollment effective not later than January 1, opportunity to enroll that continues for Individual B, an employee of Y, and Individual C, B’s child and a full-time 2011. at least 30 days (including written student, were enrolled in Y’s group health notice of the opportunity to enroll). This (g) Special rule for grandfathered plan at the beginning of the 2010 plan year. group health plans—(1) For plan years opportunity (including the written On June 10, 2010, C turns 23 years old and notice) must be provided beginning not loses dependent coverage under Y’s plan. On beginning before January 1, 2014, a later than the first day of the first plan or before January 1, 2011, Y’s group health group health plan that qualifies as a year beginning on or after September 23, plan gives B written notice that individuals grandfathered health plan under section 2010. who lost coverage by reason of ceasing to be 1251 of the Patient Protection and (ii) The written notice must include a a dependent before attainment of age 26 are Affordable Care Act and that makes statement that children whose coverage eligible to enroll in the plan, and that available dependent coverage of ended, or who were denied coverage (or individuals may request enrollment for such children may exclude an adult child children through February 14, 2011 with who has not attained age 26 from were not eligible for coverage), because enrollment effective retroactively to January the availability of dependent coverage of coverage only if the adult child is 1, 2011. eligible to enroll in an eligible children ended before attainment of age (ii) Conclusion. In this Example 1, the plan 26 are eligible to enroll in the plan or has complied with the requirements of this employer-sponsored health plan (as coverage. The notice may be provided to paragraph (f) by providing an enrollment defined in section 5000A(f)(2) of the an employee on behalf of the opportunity to C that lasts at least 30 days. Internal Revenue Code) other than a employee’s child. In addition, the notice Example 2. (i) Facts. Employer Z maintains group health plan of a parent. may be included with other enrollment a group health plan with a plan year (2) For plan years beginning on or materials that a plan distributes to beginning October 1 and ending September after January 1, 2014, a group health employees, provided the statement is 30. Prior to October 1, 2010, the group health plan that qualifies as a grandfathered plan allows children of employees to be prominent. If a notice satisfying the health plan under section 1251 of the covered under the plan until age 22. Patient Protection and Affordable Care requirements of this paragraph (f)(2) is Individual D, an employee of Z, and provided to an employee whose child is Act must comply with the requirements Individual E, D’s child, are enrolled in family of paragraphs (a) through (f) of this entitled to an enrollment opportunity coverage under Z’s group health plan for the under this paragraph (f), the obligation plan year beginning on October 1, 2008. On section. to provide the notice of enrollment May 1, 2009, E turns 22 years old and ceases (h) Applicability date. The provisions opportunity under this paragraph (f)(2) to be eligible as a dependent under Z’s plan of this section apply for plan years with respect to that child is satisfied for and loses coverage. D drops coverage but beginning on or after September 23, both the plan and the issuer. remains an employee of Z. 2010. (ii) Conclusion. In this Example 2, not later (3) Effective date of coverage. In the Department of Health and Human case of an individual who enrolls under than October 1, 2010, the plan must provide D and E an opportunity to enroll (including Services paragraph (f)(2) of this section, coverage written notice of an opportunity to enroll) 45 CFR Subtitle A must take effect not later than the first that continues for at least 30 days, with day of the first plan year beginning on enrollment effective not later than October 1, ■ For reasons set forth in the preamble, or after September 23, 2010. 2010. the Department of Health and Human (4) Treatment of enrollees in a group Example 3. (i) Facts. Same facts as Services is amending 45 CFR Subtitle A, health plan. Any child enrolling in a Example 2, except that D did not drop Subchapter B as follows: group health plan pursuant to paragraph coverage. Instead, D switched to a lower-cost (f)(2) of this section must be treated as benefit package option. PART 144—REQUIREMENTS if the child were a special enrollee, as (ii) Conclusion. In this Example 3, not later RELATING TO HEALTH INSURANCE provided under the rules of § 2590.701– than October 1, 2010, the plan must provide COVERAGE 6(d) of this Part. Accordingly, the child D and E an opportunity to enroll in any benefit package available to similarly situated Subpart A—General Provisions (and, if the child would not be a individuals who enroll when first eligible. participant once enrolled in the plan, Example 4. (i) Facts. Same facts as ■ 1. Section 144.101 is amended by- the participant through whom the child Example 2, except that E elected COBRA ■ A. Revising paragraph (a). is otherwise eligible for coverage under continuation coverage. ■ B. Redesignating paragraphs (b), (c) the plan) must be offered all the benefit (ii) Conclusion. In this Example 4, not later and (d) as paragraphs (c), (d) and (e), packages available to similarly situated than October 1, 2010, the plan must provide respectively. individuals who did not lose coverage D and E an opportunity to enroll other than ■ C. Adding a new paragraph (b). by reason of cessation of dependent as a COBRA qualified beneficiary (and must ■ D. Revising the first sentence of newly status. For this purpose, any difference provide, by that date, written notice of the opportunity to enroll) that continues for at redesignated paragraph (c). ■ in benefits or cost-sharing requirements least 30 days, with enrollment effective not E. Amending newly redesignated constitutes a different benefit package. later than October 1, 2010. paragraph (d) by removing ‘‘2722’’ and The child also cannot be required to pay Example 5. (i) Facts. Employer X maintains adding in its place ‘‘2723’’. more for coverage than similarly a group health plan with a calendar year plan The revisions and additions read as situated individuals who did not lose year. Prior to 2011, the plan allows children follows:

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§ 144.101 Basis and purpose. including the examples in paragraph those factors. In addition, a plan or (a) Part 146 of this subchapter (e)(4), and adding in its place ‘‘2725’’. issuer may not deny or restrict coverage implements requirements of Title XXVII ■ B. Removing ‘‘2723’’ wherever it of a child based on eligibility for other of the Public Health Service Act (PHS appears in paragraph (e)(3), including coverage, except that paragraph (g) of Act, 42 U.S.C. 300gg, et seq.) that apply the paragraph heading, and adding in its this section provides a special rule for to group health plans and group health place ‘‘2724’’. plan years beginning before January 1, insurance issuers. ■ 6. A new Part 147 is added to read as 2014 for grandfathered health plans that (b) Part 147 of this subchapter follows: are group health plans. (Other implements the provisions of the Patient requirements of Federal or State law, Protection and Affordable Care Act that PART 147—HEALTH INSURANCE including section 609 of ERISA or apply to both group health plans and REFORM REQUIREMENTS FOR THE section 1908 of the Social Security Act, health insurance issuers in the Group GROUP AND INDIVIDUAL HEALTH may mandate coverage of certain and Individual Markets. INSURANCE MARKETS children.) (c) Part 148 of this subchapter (c) Coverage of grandchildren not implements Individual Health Insurance Authority: Secs 2701 through 2763, 2791, required. Nothing in this section Market requirements of the PHS Act. and 2792 of the Public Health Service Act (42 requires a plan or issuer to make *** USC 300gg through 300gg–63, 300gg–91, and coverage available for the child of a * * * * * 300gg–92), as amended. child receiving dependent coverage. ■ 2. Section 144.103 is amended by § 147.100 Basis and scope. (d) Uniformity irrespective of age. The adding the definition of ‘‘Policy Year’’ to Part 147 of this subchapter terms of the plan or health insurance read as follows: implements the requirements of the coverage providing dependent coverage of children cannot vary based on age § 144.103 Defintions. Patient Protection and Affordable Care Act that apply to group health plans and (except for children who are age 26 or * * * * * older). Policy Year means in the individual health insurance issuers in the Group and Individual markets. (e) Examples. The rules of paragraph health insurance market the 12-month (d) of this section are illustrated by the period that is designated as the policy § 147.120 Eligibility of children until at following examples: year in the policy documents of the least age 26. Example 1. (i) Facts. A group health plan individual health insurance coverage. If (a) In general—(1) A group health offers a choice of self-only or family health there is no designation of a policy year plan, or a health insurance issuer coverage. Dependent coverage is provided in the policy document (or no such offering group or individual health under family health coverage for children of policy document is available), then the insurance coverage, that makes available participants who have not attained age 26. policy year is the deductible or limit dependent coverage of children must The plan imposes an additional premium year used under the coverage. If make such coverage available for surcharge for children who are older than age deductibles or other limits are not 18. children until attainment of 26 years of (ii) Conclusion. In this Example 1, the plan imposed on a yearly basis, the policy age. year is the calendar year. violates the requirement of paragraph (d) of (2) The rule of this paragraph (a) is this section because the plan varies the terms * * * * * illustrated by the following example: for dependent coverage of children based on age. PART 146—REQUIREMENTS FOR THE Example. (i) Facts. For the plan year beginning January 1, 2011, a group health Example 2. (i) Facts. A group health plan GROUP HEALTH INSURANCE plan provides health coverage for employees, offers a choice among the following tiers of MARKET employees’ spouses, and employees’ children health coverage: Self-only, self-plus-one, self- until the child turns 26. On the birthday of plus-two, and self-plus-three-or-more. The ■ 3. Section 146.101 is amended by— a child of an employee, July 17, 2011, the cost of coverage increases based on the ■ A. Revising the first sentence of child turns 26. The last day the plan covers number of covered individuals. The plan paragraph (a). the child is July 16, 2011. provides dependent coverage of children ■ B. Revising paragraph (b)(4). (ii) Conclusion. In this Example, the plan who have not attained age 26. The revisions read as follows: satisfies the requirement of this paragraph (a) (ii) Conclusion. In this Example 2, the plan with respect to the child. does not violate the requirement of paragraph § 146.101 Basis and Scope. (d) of this section that the terms of dependent (b) Restrictions on plan definition of (a) Statutory basis. This part coverage for children not vary based on age. dependent. With respect to a child who implements the Group Market Although the cost of coverage increases for has not attained age 26, a plan or issuer requirements of the PHS Act.* * * tiers with more covered individuals, the (b) * * * may not define dependent for purposes increase applies without regard to the age of (4) Subpart E. Subpart E of this part of eligibility for dependent coverage of any child. implements requirements relating to children other than in terms of a Example 3. (i) Facts. A group health plan relationship between a child and the offers two benefit packages—an HMO option group health plans and issuers in the and an indemnity option. Dependent Group Health Insurance Market. participant (in the individual market, the primary subscriber). Thus, for coverage is provided for children of * * * * * participants who have not attained age 26. example, a plan or issuer may not deny The plan limits children who are older than § 146.115 [Amended] or restrict coverage for a child who has age 18 to the HMO option. ■ 4. Section 146.115 is amended by not attained age 26 based on the (ii) Conclusion. In this Example 3, the plan removing ‘‘2721(b)’’ wherever it appears presence or absence of the child’s violates the requirement of paragraph (d) of in paragraph (a)(6) and adding in its financial dependency (upon the this section because the plan, by limiting children who are older than age 18 to the place ‘‘2722(a)’’. participant or primary subscriber, or any other person), residency with the HMO option, varies the terms for dependent § 146.130 [Amended] participant (in the individual market, coverage of children based on age. ■ 5. Section 146.130 is amended by— the primary subscriber) or with any (f) Transitional rules for individuals ■ A. Removing ‘‘2704’’ wherever it other person, student status, whose coverage ended by reason of appears in paragraphs (e) and (f), employment, or any combination of reaching a dependent eligibility

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threshold—(1) In general. The relief under this paragraph (f), the obligation covered under the plan until age 22. provided in the transitional rules of this to provide the notice of enrollment Individual D, an employee of Z, and paragraph (f) applies with respect to any opportunity under this paragraph (f)(2) Individual E, D’s child, are enrolled in family child— with respect to that child is satisfied for coverage under Z’s group health plan for the (i) Whose coverage ended, or who was plan year beginning on October 1, 2008. On both the plan and the issuer. May 1, 2009, E turns 22 years old and ceases denied coverage (or was not eligible for (3) Effective date of coverage. In the to be eligible as a dependent under Z’s plan coverage) under a group health plan or case of an individual who enrolls under and loses coverage. D drops coverage but group or individual health insurance paragraph (f)(2) of this section, coverage remains an employee of Z. coverage because, under the terms of the must take effect not later than the first (ii) Conclusion. In this Example 2, not later plan or coverage, the availability of day of the first plan year (in the than October 1, 2010, the plan must provide dependent coverage of children ended individual market, the first day of the D and E an opportunity to enroll (including before the attainment of age 26 (which, first policy year) beginning on or after written notice of an opportunity to enroll) that continues for at least 30 days, with under this section, is no longer September 23, 2010. permissible); and enrollment effective not later than October 1, (4) Treatment of enrollees in a group 2010. (ii) Who becomes eligible (or is health plan. For purposes of this Part, Example 3. (i) Facts. Same facts as required to become eligible) for coverage any child enrolling in a group health Example 2, except that D did not drop under a group health plan or group or plan pursuant to paragraph (f)(2) of this coverage. Instead, D switched to a lower-cost individual health insurance coverage on section must be treated as if the child benefit package option. the first day of the first plan year (in the were a special enrollee, as provided (ii) Conclusion. In this Example 3, not later individual market, the first day of the under the rules of 45 CFR 146.117(d). than October 1, 2010, the plan must provide first policy year) beginning on or after Accordingly, the child (and, if the child D and E an opportunity to enroll in any September 23, 2010 by reason of the benefit package available to similarly situated would not be a participant once individuals who enroll when first eligible. application of this section. enrolled in the plan, the participant (2) Opportunity to enroll required—(i) Example 4. (i) Facts. Same facts as through whom the child is otherwise Example 2, except that E elected COBRA If a group health plan, or group or eligible for coverage under the plan) continuation coverage. individual health insurance coverage, in must be offered all the benefit packages (ii) Conclusion. In this Example 4, not later which a child described in paragraph available to similarly situated than October 1, 2010, the plan must provide (f)(1) of this section is eligible to enroll individuals who did not lose coverage D and E an opportunity to enroll other than (or is required to become eligible to by reason of cessation of dependent as a COBRA qualified beneficiary (and must provide, by that date, written notice of the enroll) is the plan or coverage in which status. For this purpose, any difference the child’s coverage ended (or did not opportunity to enroll) that continues for at in benefits or cost-sharing requirements least 30 days, with enrollment effective not begin) for the reasons described in constitutes a different benefit package. paragraph (f)(1)(i) of this section, and if later than October 1, 2010. The child also cannot be required to pay Example 5. (i) Facts. Employer X the plan, or the issuer of such coverage, more for coverage than similarly maintains a group health plan with a is subject to the requirements of this situated individuals who did not lose calendar year plan year. Prior to 2011, the section, the plan and the issuer are coverage by reason of cessation of plan allows children of employees to be required to give the child an dependent status. covered under the plan until the child attains opportunity to enroll that continues for age 22. During the 2009 plan year, an (5) Examples. The rules of this at least 30 days (including written individual with a 22-year old child joins the paragraph (f) are illustrated by the notice of the opportunity to enroll). This plan; the child is denied coverage because following examples: opportunity (including the written the child is 22. notice) must be provided beginning not Example 1. (i) Facts. Employer Y maintains (ii) Conclusion. In this Example 5, notwithstanding that the child was not later than the first day of the first plan a group health plan with a calendar year plan year. The plan has a single benefit package. previously covered under the plan, the plan year (in the individual market, the first must provide the child, not later than January day of the first policy year) beginning on For the 2010 plan year, the plan allows children of employees to be covered under 1, 2011, an opportunity to enroll (including or after September 23, 2010. the plan until age 19, or until age 23 for written notice to the employee of an (ii) The written notice must include a children who are full-time students. opportunity to enroll the child) that statement that children whose coverage Individual B, an employee of Y, and continues for at least 30 days, with ended, or who were denied coverage (or Individual C, B’s child and a full-time enrollment effective not later than January 1, were not eligible for coverage), because student, were enrolled in Y’s group health 2011. the availability of dependent coverage of plan at the beginning of the 2010 plan year. (g) Special rule for grandfathered children ended before attainment of age On June 10, 2010, C turns 23 years old and group health plans—(1) For plan years 26 are eligible to enroll in the plan or loses dependent coverage under Y’s plan. On beginning before January 1, 2014, a coverage. The notice may be provided to or before January 1, 2011, Y’s group health group health plan that qualifies as a an employee on behalf of the plan gives B written notice that individuals who lost coverage by reason of ceasing to be grandfathered health plan under section employee’s child (in the individual a dependent before attainment of age 26 are 1251 of the Patient Protection and market, to the primary subscriber on eligible to enroll in the plan, and that Affordable Care Act and that makes behalf of the primary subscriber’s child). individuals may request enrollment for such available dependent coverage of In addition, for a group health plan or children through February 14, 2011 with children may exclude an adult child group health insurance coverage, the enrollment effective retroactively to January who has not attained age 26 from notice may be included with other 1, 2011. coverage only if the adult child is enrollment materials that a plan (ii) Conclusion. In this Example 1, the plan eligible to enroll in an eligible distributes to employees, provided the has complied with the requirements of this employer-sponsored health plan (as statement is prominent. For a group paragraph (f) by providing an enrollment opportunity to C that lasts at least 30 days. defined in section 5000A(f)(2) of the health plan or group health insurance Example 2. (i) Facts. Employer Z maintains Internal Revenue Code) other than a coverage, if a notice satisfying the a group health plan with a plan year group health plan of a parent. requirements of this paragraph (f)(2) is beginning October 1 and ending September (2) For plan years beginning on or provided to an employee whose child is 30. Prior to October 1, 2010, the group health after January 1, 2014, a group health entitled to an enrollment opportunity plan allows children of employees to be plan that qualifies as a grandfathered

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health plan under section 1251 of the (h) Applicability date. The provisions beginning on or after September 23, Patient Protection and Affordable Care of this section apply for plan years (in 2010. Act must comply with the requirements the individual market, policy years) [FR Doc. 2010–11391 Filed 5–10–10; 4:15 pm] of paragraphs (a) through (f) of this BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P section.

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DEPARTMENT OF THE TREASURY at 202–622–6080; concerning whom the enrollment opportunity must submissions of comments, Richard.A. be given are those who were not eligible Internal Revenue Service [email protected], 202–622– for dependent coverage of a child below 7180 (not toll-free numbers). the age of 26 but, after the effective date 26 CFR Part 54 SUPPLEMENTARY INFORMATION: of section 2714 of the Public Health [REG–114494–10] Service Act, are entitled to be eligible Paperwork Reduction Act for coverage under a group health plan RIN 1545–BJ45 The collection of information or group health insurance coverage. The contained in this notice of proposed likely respondents are business or other Group Health Plans and Health rulemaking has been submitted to the for-profit institutions, and nonprofit Insurance Issuers Providing Office of Management and Budget for institutions. Responses to this collection Dependent Coverage of Children to review in accordance with the of information are mandatory. Age 26 Under the Patient Protection Paperwork Reduction Act of 1995 (44 An agency may not conduct or and Affordable Care Act U.S.C. 3507(d)). Comments on the sponsor, and a person is not required to AGENCY: Internal Revenue Service (IRS), collection of information should be sent respond to, a collection of information Treasury. to the Office of Management and unless it displays a valid control ACTION: Notice of proposed rulemaking Budget, Attn: Desk Officer for the number assigned by the Office of by cross-reference to temporary Department of the Treasury, Office of Management and Budget. regulations. Information and Regulatory Affairs, Books or records relating to a Washington, DC 20503, with copies to collection of information must be SUMMARY: Elsewhere in this issue of the the Internal Revenue Service, Attn: IRS retained as long as their contents may Federal Register, the IRS is issuing Reports Clearance Officer, become material in the administration temporary regulations under the SE:W:CAR:MP:T:T:SP, Washington, DC of any internal revenue law. Generally provisions of the Patient Protection and 20224. Comments on the collection of tax returns and tax return information Affordable Care Act (the Affordable Care information should be received by July are confidential, as required by 26 Act) dealing with coverage of dependent 12, 2010. Comments are specifically U.S.C. 6103. children to age 26. The IRS is issuing requested concerning: Background the temporary regulations at the same • Whether the proposed collection of time that the Employee Benefits information is necessary for the proper The temporary regulations published Security Administration of the U.S. performance of the functions of the elsewhere in this issue of the Federal Department of Labor and the Office of Internal Revenue Service, including Register add § 54.9815–2714T to the Consumer Information and Insurance whether the information will have Miscellaneous Excise Tax Regulations. Oversight of the U.S. Department of practical utility; The proposed and temporary Health and Human Services are issuing • The accuracy of the estimated regulations are being published as part substantially similar interim final burdens associated with the proposed of a joint rulemaking with the regulations with respect to group health collection of information (see the Department of Labor and the plans and health insurance coverage preamble to the temporary regulations Department of Health and Human offered in connection with a group published elsewhere in this issue of the Services (the joint rulemaking). The text health plan under the Employee Federal Register); of those temporary regulations also Retirement Income Security Act of 1974 • How to enhance the quality, utility, serves as the text of these proposed and the Public Health Service Act. The and clarity of the information to be regulations. The preamble to the temporary regulations provide guidance collected; temporary regulations explains the • to employers, group health plans, and How to minimize the burden of temporary regulations. complying with the proposed collection health insurance issuers providing Special Analyses group health insurance coverage. The of information, including the text of those temporary regulations also application of automated collection It has been determined that this notice serves as the text of these proposed techniques or other forms of information of proposed rulemaking is not a regulations. technology; and significant regulatory action as defined • Estimates of capital or start-up costs in Executive Order 12866. Therefore, a DATES: Written or electronic comments and costs of operation, maintenance, regulatory assessment is not required. It and requests for a public hearing must and purchase of services to provide has also been determined that section be received by August 11, 2010. information. 553(b) of the Administrative Procedure ADDRESSES: Send submissions to: The collection of information is in Act (5 U.S.C. chapter 5) does not apply CC:PA:LPD:PR (REG–114494–10), room § 54.9815–2714T(f) (see the temporary to this proposed regulation. It is hereby 5205, Internal Revenue Service, P.O. regulations published elsewhere in this certified that the collection of Box 7604, Ben Franklin Station, issue of the Federal Register). The information contained in this notice of Washington, DC 20044. Submissions temporary regulations require that group proposed rulemaking will not have a may be hand-delivered to: health plans and group health insurance significant impact on a substantial CC:PA:LPD:PR (REG–114494–10), coverage offer an enrollment number of small entities. Accordingly, a Courier’s Desk, Internal Revenue opportunity (including written notice of regulatory flexibility analysis is not Service, 1111 Constitution Avenue, the enrollment opportunity) to certain required. The temporary regulations NW., Washington, DC 20224. individuals who did not obtain coverage require both group health insurance Alternatively, taxpayers may submit under a group health plan or group issuers and group health plans to comments electronically via the Federal health insurance coverage prior to the provide a notice of opportunity to enroll eRulemaking Portal at http:// effective date of amendments made by to certain individuals who, prior to the www.regulations.gov (IRS REG–114494– the Affordable Care Act to section 2714 effective date of the amendments made 10). of the Public Health Service Act (which to section 2714 of the Public Health FOR FURTHER INFORMATION CONTACT: is incorporated by reference into section Service Act, were not eligible to enroll Concerning the regulations, Karen Levin 9815 of the Code). The individuals to for dependent coverage of children but

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who are eligible after those amendments eight (8) copies) or electronic comments Proposed Amendments to the take effect. Under the temporary that are submitted timely to the IRS. Regulations regulations, if a health insurance issuer Comments are specifically requested on satisfies this notice obligation, it is the clarity of the proposed regulations Accordingly, 26 CFR part 54 is satisfied not just for the issuer but also and how they may be made easier to proposed to be amended as follows: for the group health plan. For group understand. All comments will be PART 54—PENSION EXCISE TAXES health plans maintained by small available for public inspection and entities, it is anticipated that the health copying. A public hearing may be Paragraph 1. The authority citation insurance issuer will satisfy this notice scheduled if requested in writing by a for part 54 is amended by adding an obligation for both the plan and the person that timely submits written entry in numerical order to read as issuer in almost all cases. For this comments. If a public hearing is follows: reason, the information collection scheduled, notice of the date, time, and requirement will not impose a place for the hearing will be published Authority: 26 U.S.C. 7805 * * * significant impact on a substantial in the Federal Register. Section 54.9815–2714 also issued number of small entities. For further under 26 U.S.C. 9833. * * * information and for analyses relating to Drafting Information the joint rulemaking, see the preamble The principal author of these Par. 2. Section 54.9815–2714 is added to the joint rulemaking. Pursuant to proposed regulations is Karen Levin, to read as follows: section 7805(f) of the Internal Revenue Office of the Division Counsel/Associate Code, this regulation has been Chief Counsel (Tax Exempt and § 54.9815–2714 Eligibility of children until at least age 26. submitted to the Chief Counsel for Government Entities), IRS. The Advocacy of the Small Business proposed regulations, as well as the [The text of proposed § 54.9815–2714 Administration for comment on its temporary regulations, have been is the same as the text of § 54.9815– impact on small business. developed in coordination with 2714T published elsewhere in this issue personnel from the U.S. Department of Comments and Requests for a Public of the Federal Register]. Labor and the U.S. Department of Hearing Health and Human Services. Steven T. Miller, Before these proposed regulations are Deputy Commissioner for Services and adopted as final regulations, List of Subjects in 26 CFR Part 54 Enforcement. consideration will be given to any Excise taxes, Pensions, Reporting and [FR Doc. 2010–11393 Filed 5–10–10; 4:15 pm] written comments (a signed original and recordkeeping requirements. BILLING CODE 4830–01–P

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Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 20 Migratory Bird Hunting; Proposed 2010– 11 Migratory Game Bird Hunting Regulations (Preliminary) With Requests for Indian Tribal Proposals and Requests for 2011 Spring and Summer Migratory Bird Subsistence Harvest Proposals in Alaska; Proposed Rule

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DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments The Service develops migratory game on the proposals by one of the following bird hunting regulations by establishing Fish and Wildlife Service methods: the frameworks, or outside limits, for • Federal eRulemaking Portal: http:// season lengths, bag limits, and areas for 50 CFR Part 20 www.regulations.gov. Follow the migratory game bird hunting. instructions for submitting comments Acknowledging regional differences in [FWS–R9–MB–2010–0040] on Docket No. FW-R9-MB-2010-0040. hunting conditions, the Service has [91200–1231–9BPP–L2] • U.S. mail or hand-delivery: Public administratively divided the Nation into Comments Processing, Attn: 1018-AX06; four Flyways for the primary purpose of RIN 1018–AX06 Division of Policy and Directives managing migratory game birds. Each Management; U.S. Fish and Wildlife Migratory Bird Hunting; Proposed Flyway (Atlantic, Mississippi, Central, Service; 4401 N. Fairfax Drive, Suite 2010–11 Migratory Game Bird Hunting and Pacific) has a Flyway Council, a 222; Arlington, VA 22203. Regulations (Preliminary) With formal organization generally composed We will not accept e-mailed or faxed of one member from each State and Requests for Indian Tribal Proposals comments. We will post all comments and Requests for 2011 Spring and Province in that Flyway. The Flyway on http://www.regulations.gov. This Councils, established through the Summer Migratory Bird Subsistence generally means that we will post any Harvest Proposals in Alaska International Association of Fish and personal information you provide us Wildlife Agencies (IAFWA), also assist AGENCY: Fish and Wildlife Service, (see the Public Comments section below in researching and providing migratory Interior. for more information). game bird management information for Send your proposals for the 2011 ACTION: Federal, State, and Provincial Proposed rule; availability of spring and summer migratory bird supplemental information. Governments, as well as private subsistence season in Alaska to the conservation agencies and the general SUMMARY: The U.S. Fish and Wildlife Executive Director of the Co- public. Service (hereinafter the Service or we) management Council, U.S. Fish and The process for adopting migratory proposes to establish annual hunting Wildlife Service, 1011 E. Tudor Road, game bird hunting regulations, located regulations for certain migratory game Anchorage, AK 99503, or fax to (907) at 50 CFR 20, is constrained by three birds for the 2010–11 hunting season. 786-3306, or email to [email protected]. primary factors. Legal and We annually prescribe outside limits FOR FURTHER INFORMATION CONTACT: Ron administrative considerations dictate (frameworks) within which States may W. Kokel, at: Division of Migratory Bird how long the rulemaking process will select hunting seasons. This proposed Management, U.S. Fish and Wildlife last. Most importantly, however, the rule provides the regulatory schedule, Service, Department of the Interior, MS biological cycle of migratory game birds describes the proposed regulatory MBSP-4107-ARLSQ, 1849 C Street, NW, controls the timing of data-gathering alternatives for the 2010–11 duck Washington, DC 20240, (703) 358-1714. activities and thus the dates on which hunting seasons, requests proposals For information on the migratory bird these results are available for from Indian tribes that wish to establish subsistence season in Alaska, contact consideration and deliberation. special migratory game bird hunting Fred Armstrong, (907) 786-3887, or The process includes two separate regulations on Federal Indian Donna Dewhurst, (907) 786-3499, U.S. regulations-development schedules, reservations and ceded lands, and Fish and Wildlife Service, 1011 E. based on early and late hunting season requests proposals for the 2011 spring Tudor Road, Mail Stop 201, Anchorage, regulations. Early hunting seasons and summer migratory bird subsistence AK 99503. pertain to all migratory game bird season in Alaska. Migratory game bird SUPPLEMENTARY INFORMATION: species in Alaska, Hawaii, Puerto Rico, and the Virgin Islands; migratory game hunting seasons provide opportunities Background and Overview for recreation and sustenance; aid birds other than waterfowl (i.e., dove, Federal, State, and tribal governments in Migratory game birds are those bird woodcock, etc.); and special early the management of migratory game species so designated in conventions waterfowl seasons, such as teal or birds; and permit harvests at levels between the United States and several resident Canada geese. Early hunting foreign nations for the protection and compatible with migratory game bird seasons generally begin before October management of these birds. Under the population status and habitat 1. Late hunting seasons generally start Migratory Bird Treaty Act (16 U.S.C. conditions. on or after October 1 and include most 703–712), the Secretary of the Interior is waterfowl seasons not already DATES: You must submit comments on authorized to determine when ‘‘hunting, established. the proposed regulatory alternatives for taking, capture, killing, possession, sale, There are basically no differences in the 2010–11 duck hunting seasons by purchase, shipment, transportation, the processes for establishing either June 25, 2010. Following subsequent carriage, or export of any * * * bird, or early or late hunting seasons. For each Federal Register notices, you will be any part, nest, or egg’’ of migratory game cycle, Service biologists gather, analyze, given an opportunity to submit birds can take place, and to adopt and interpret biological survey data and comments for proposed early-season regulations for this purpose. These provide this information to all those frameworks by July 31, 2010, and for regulations are written after giving due involved in the process through a series proposed late-season frameworks and regard to ‘‘the zones of temperature and of published status reports and subsistence migratory bird seasons in to the distribution, abundance, presentations to Flyway Councils and Alaska by August 31, 2010. Tribes must economic value, breeding habits, and other interested parties. Because the submit proposals and related comments times and lines of migratory flight of Service is required to take abundance of by June 1, 2010. Proposals from the Co- such birds’’ and are updated annually migratory game birds and other factors management Council for the 2010 spring (16 U.S.C. 704(a)). This responsibility into consideration, the Service and summer migratory bird subsistence has been delegated to the Service as the undertakes a number of surveys harvest season must be submitted to the lead Federal agency for managing and throughout the year in conjunction with Flyway Councils and the Service by conserving migratory birds in the Service Regional Offices, the Canadian June 15, 2010. United States. Wildlife Service, and State and

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Provincial wildlife-management proposals. Special circumstances limit 18. Alaska agencies. To determine the appropriate the amount of time we can allow for 19. Hawaii frameworks for each species, we public comment on these regulations. 20. Puerto Rico consider factors such as population size Specifically, two considerations 21. Virgin Islands and trend, geographical distribution, compress the time for the rulemaking 22. Falconry annual breeding effort, the condition of process: the need, on one hand, to 23. Other breeding and wintering habitat, the establish final rules early enough in the Later sections of this and subsequent number of hunters, and the anticipated summer to allow resource agencies to documents will refer only to numbered harvest. select and publish season dates and bag items requiring your attention. After frameworks, or outside limits, limits before the beginning of hunting Therefore, it is important to note that we are established for season lengths, bag seasons and, on the other hand, the lack will omit those items requiring no limits, and areas for migratory game bird of current status data on most migratory attention, and remaining numbered hunting, migratory game bird game birds until later in the summer. items will be discontinuous and appear management becomes a cooperative Because the regulatory process is incomplete. effort of State and Federal governments. strongly influenced by the times when We will publish final regulatory After Service establishment of final information is available for alternatives for the 2010–11 duck frameworks for hunting seasons, the consideration, we divide the regulatory hunting seasons in mid-July. We will States may select season dates, bag process into two segments: early seasons publish proposed early season limits, and other regulatory options for and late seasons (further described and frameworks in mid-July and late season the hunting seasons. States may always discussed above in the Background and frameworks in mid-August. We will be more conservative in their selections Overview section). publish final regulatory frameworks for than the Federal frameworks but never Major steps in the 2010–11 regulatory early seasons on or about August 16, more liberal. cycle relating to open public meetings 2010, and those for late seasons on or Notice of Intent To Establish Open and Federal Register notifications are about September 15, 2010. Seasons illustrated in the diagram at the end of Request for 2011 Spring and Summer this proposed rule. All publication dates This notice announces our intent to Migratory Bird Subsistence Harvest of Federal Register documents are target Proposals in Alaska establish open hunting seasons and dates. daily bag and possession limits for All sections of this and subsequent Background certain designated groups or species of documents outlining hunting The 1916 Convention for the migratory game birds for 2010–11 in the frameworks and guidelines are contiguous United States, Alaska, Protection of Migratory Birds between organized under numbered headings. the United States and Great Britain (for Hawaii, Puerto Rico, and the Virgin These headings are: Islands, under §§20.101 through 20.107, Canada) established a closed season for 1. Ducks the taking of migratory birds between 20.109, and 20.110 of subpart K of 50 A. General Harvest Strategy CFR part 20. March 10 and September 1. Residents of B. Regulatory Alternatives northern Alaska and Canada For the 2010–11 migratory game bird C. Zones and Split Seasons traditionally harvested migratory birds hunting season, we will propose D. Special Seasons/Species for nutritional purposes during the regulations for certain designated Management spring and summer months. The 1916 members of the avian families Anatidae i. September Teal Seasons Convention and the subsequent 1936 (ducks, geese, and swans); Columbidae ii. September Teal/Wood Duck Mexico Convention for the Protection of (doves and pigeons); Gruidae (cranes); Seasons Migratory Birds and Game Mammals Rallidae (rails, coots, moorhens, and iii. Black Ducks gallinules); and Scolopacidae iv. Canvasbacks provide for the legal subsistence harvest (woodcock and snipe). We describe v. Pintails of migratory birds and their eggs in these proposals under Proposed 2010– vi. Scaup Alaska and Canada during the closed 11 Migratory Game Bird Hunting vii. Mottled Ducks season by indigenous inhabitants. Regulations (Preliminary) in this viii. Wood Ducks On August 16, 2002, we published in document. We published definitions of ix. Youth Hunt the Federal Register (67 FR 53511) a waterfowl flyways and mourning dove 2. Sea Ducks final rule that established procedures for management units, as well as a 3. Mergansers incorporating subsistence management description of the data used in and the 4. Canada Geese into the continental migratory bird factors affecting the regulatory process, A. Special Seasons management program. These in the March 14, 1990, Federal Register B. Regular Seasons regulations, developed under a new co- (55 FR 9618). C. Special Late Seasons management process involving the Service, the Alaska Department of Fish Regulatory Schedule for 2010–11 5. White-fronted Geese 6. Brant and Game, and Alaska Native This document is the first in a series 7. Snow and Ross’s (Light) Geese representatives, established an annual of proposed, supplemental, and final 8. Swans procedure to develop harvest guidelines rulemaking documents for migratory 9. Sandhill Cranes for implementation of a spring and game bird hunting regulations. We will 10. Coots summer migratory bird subsistence publish additional supplemental 11. Moorhens and Gallinules harvest. Eligibility and inclusion proposals for public comment in the 12. Rails requirements necessary to participate in Federal Register as population, habitat, 13. Snipe the spring and summer migratory bird harvest, and other information become 14. Woodcock subsistence season in Alaska are available. Because of the late dates 15. Band-tailed Pigeons outlined in 50 CFR part 92. when certain portions of these data 16. Mourning Doves This proposed rule calls for proposals become available, we anticipate 17. White-winged and White-tipped for regulations that will expire on abbreviated comment periods on some Doves August 31, 2011, for the spring and

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summer subsistence harvest of Council comments and Service action at 300 Westgate Center Drive, Hadley, MA migratory birds in Alaska. Each year, the late-season SRC meeting. 01035-9589; (413) 253–8576. seasons will open on or after March 11 Region 6 (Colorado, Kansas, Montana, Review of Public Comments and close before September 1. Nebraska, North Dakota, South Dakota, This proposed rulemaking contains Utah, and Wyoming)—James Dubovsky, Alaska Spring and Summer Subsistence the proposed regulatory alternatives for U.S. Fish and Wildlife Service, P.O. Box Harvest Proposal Procedures the 2010–11 duck hunting seasons. This 25486, Denver Federal Building, We will publish details of the Alaska proposed rulemaking also describes Denver, CO 80225; (303) 236–8145. spring and summer subsistence harvest other recommended changes or specific Region 7 (Alaska)—Russ Oates, U.S. proposals in later Federal Register preliminary proposals that vary from the Fish and Wildlife Service, 1011 East documents under 50 CFR part 92. The 2009–10 final frameworks (see August Tudor Road, Anchorage, AK 99503; general relationship to the process for 25, 2009, Federal Register (74 FR (907) 786–3423. developing national hunting regulations 43008) for early seasons and September Requests for Tribal Proposals for migratory game birds is as follows: 24, 2009, Federal Register (74 FR (a) Alaska Migratory Bird Co- 48822) for late seasons) and issues Background Management Council. The public may requiring early discussion, action, or the Beginning with the 1985–86 hunting submit proposals to the Co-management attention of the States or tribes. We will season, we have employed guidelines Council during the period of November publish responses to all proposals and described in the June 4, 1985, Federal 1–December 15, 2010, to be acted upon written comments when we develop Register (50 FR 23467) to establish for the 2011 migratory bird subsistence final frameworks for the 2010–11 special migratory game bird hunting harvest season. Proposals should be season. We seek additional information regulations on Federal Indian submitted to the Executive Director of and comments on this proposed rule. reservations (including off-reservation the Co-management Council, listed Consolidation of Notices trust lands) and ceded lands. We above under the caption ADDRESSES. developed these guidelines in response (b) Flyway Councils. For administrative purposes, this document consolidates the notice of to tribal requests for our recognition of (1) The Co-management Council will intent to establish open migratory game their reserved hunting rights, and for submit proposed 2011 regulations to all bird hunting seasons, the request for some tribes, recognition of their Flyway Councils for review and tribal proposals, and the request for authority to regulate hunting by both comment. The Council’s Alaska migratory bird subsistence tribal and nontribal members recommendations must be submitted seasons with the preliminary proposals throughout their reservations. The before the Service Regulations for the annual hunting regulations- guidelines include possibilities for: Committee’s last regular meeting of the development process. We will publish (1) On-reservation hunting by both calendar year in order to be approved the remaining proposed and final tribal and nontribal members, with for spring and summer harvest rulemaking documents separately. For hunting by nontribal members on some beginning March 11 of the following inquiries on tribal guidelines and reservations to take place within Federal calendar year. proposals, tribes should contact the frameworks, but on dates different from (2) Alaska Native representatives may following personnel: those selected by the surrounding be appointed by the Co-management Regions 1 and 8 (California, Idaho, State(s); Council to attend meetings of one or Nevada, Oregon, Washington, Hawaii, (2) On-reservation hunting by tribal more of the four Flyway Councils to and the Pacific Islands)—Brad Bortner, members only, outside of usual Federal discuss recommended regulations or U.S. Fish and Wildlife Service, 911 N.E. frameworks for season dates and length, other proposed management actions. 11th Avenue, Portland, OR 97232–4181; and for daily bag and possession limits; (c) Service regulations committee. The (503) 231–6164. and Co-management Council will submit Region 2 (Arizona, New Mexico, (3) Off-reservation hunting by tribal proposed annual regulations to the Oklahoma, and Texas)—Jeff Haskins, members on ceded lands, outside of Service Regulations Committee (SRC) U.S. Fish and Wildlife Service, P.O. Box usual framework dates and season for their review and recommendation to 1306, Albuquerque, NM 87103; (505) length, with some added flexibility in the Service Director. Following the 248–7885. daily bag and possession limits. Service Director’s review and Region 3 (Illinois, Indiana, Iowa, In all cases, tribal regulations recommendation, the proposals will be Michigan, Minnesota, Missouri, Ohio, established under the guidelines must forwarded to the Department of the and Wisconsin)—Jane West, U.S. Fish be consistent with the annual March 10 Interior for approval. Proposed annual and Wildlife Service, Federal Building, to September 1 closed season mandated regulations will then be published in One Federal Drive, Fort Snelling, MN by the 1916 Convention Between the the Federal Register for public review 55111–4056; (612) 713–5432. United States and Great Britain (for and comment, similar to the annual Region 4 (Alabama, Arkansas, Florida, Canada) for the Protection of Migratory migratory game bird hunting Georgia, Kentucky, Louisiana, Birds (Convention). The guidelines are regulations. Final spring and summer Mississippi, North Carolina, Puerto Rico applicable to those tribes that have regulations for Alaska will be published and Virgin Islands, South Carolina, and reserved hunting rights on Federal in the Federal Register in the preceding Tennessee)—David Viker, U.S. Fish and Indian reservations (including off- winter after review and consideration of Wildlife Service, 1875 Century reservation trust lands) and ceded lands. any public comments received. Boulevard, Room 324, Atlanta, GA They also may be applied to the Because of the time required for 30345; (404) 679–4000. establishment of migratory game bird review by us and the public, proposals Region 5 (Connecticut, Delaware, hunting regulations for nontribal from the Co-management Council for Maine, Maryland, Massachusetts, New members on all lands within the the 2011 spring and summer migratory Hampshire, New Jersey, New York, exterior boundaries of reservations bird subsistence harvest season must be Pennsylvania, Rhode Island, Vermont, where tribes have full wildlife submitted to the Flyway Councils and Virginia, and West Virginia)—Diane management authority over such the Service by June 15, 2010, for Pence, U.S. Fish and Wildlife Service, hunting, or where the tribes and affected

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States otherwise have reached Details Needed in Tribal Proposals suggestions, or recommendations agreement over hunting by nontribal Tribes that wish to use the guidelines regarding the proposed regulations. members on non-Indian lands. to establish special hunting regulations Before promulgation of final migratory Tribes usually have the authority to for the 2010–11 migratory game bird game bird hunting regulations, we will regulate migratory game bird hunting by hunting season should submit a take into consideration all comments we receive. Such comments, and any nonmembers on Indian-owned proposal that includes: additional information we receive, may reservation lands, subject to our (1) The requested migratory game bird lead to final regulations that differ from approval. The question of jurisdiction is hunting season dates and other details these proposals. more complex on reservations that regarding the proposed regulations; You may submit your comments and include lands owned by non-Indians, (2) Harvest anticipated under the materials concerning this proposed rule especially when the surrounding States proposed regulations; by one of the methods listed in the (3) Methods employed to monitor have established or intend to establish ADDRESSES section. We will not accept regulations governing migratory bird harvest (mail-questionnaire survey, bag comments sent by e-mail or fax or to an hunting by non-Indians on these lands. checks, etc.); address not listed in the ADDRESSES In such cases, we encourage the tribes (4) Steps that will be taken to limit section. Finally, we will not consider and States to reach agreement on level of harvest, where it could be hand-delivered comments that we do regulations that would apply throughout shown that failure to limit such harvest not receive, or mailed comments that the reservations. When appropriate, we would seriously impact the migratory are not postmarked, by the date will consult with a tribe and State with game bird resource; and specified in the DATES section. the aim of facilitating an accord. We (5) Tribal capabilities to establish and We will post all comments in their also will consult jointly with tribal and enforce migratory game bird hunting entirety—including your personal State officials in the affected States regulations. identifying information—on http:// where tribes may wish to establish A tribe that desires the earliest www.regulations.gov. Before including special hunting regulations for tribal possible opening of the migratory game your address, phone number, e-mail members on ceded lands. It is bird season for nontribal members address, or other personal identifying incumbent upon the tribe and/or the should specify this request in its information in your comment, you State to request consultation as a result proposal, rather than request a date that should be aware that your entire of the proposal being published in the might not be within the final Federal comment – including your personal Federal Register. We will not presume frameworks. Similarly, unless a tribe identifying information – may be made to make a determination, without being wishes to set more restrictive publicly available at any time. While advised by either a tribe or a State, that regulations than Federal regulations will you can ask us in your comment to any issue is or is not worthy of formal permit for nontribal members, the withhold your personal identifying consultation. proposal should request the same daily information from public review, we bag and possession limits and season One of the guidelines provides for the cannot guarantee that we will be able to length for migratory game birds that continuation of tribal members’ harvest do so. Federal regulations are likely to permit of migratory game birds on reservations Comments and materials we receive, the States in the Flyway in which the where such harvest is a customary as well as supporting documentation we reservation is located. practice. We do not oppose this harvest, used in preparing this proposed rule, provided it does not take place during Tribal Proposal Procedures will be available for public inspection on http://www.regulations.gov, or by the closed season required by the We will publish details of tribal Convention, and it is not so large as to appointment, during normal business proposals for public review in later hours, at the U.S. Fish and Wildlife adversely affect the status of the Federal Register documents. Because of migratory game bird resource. Since the Service, Division of Migratory Bird the time required for review by us and Management, Room 4107, 4501 North inception of these guidelines, we have the public, Indian tribes that desire reached annual agreement with tribes Fairfax Drive, Arlington, VA 22203. special migratory game bird hunting For each series of proposed for migratory game bird hunting by regulations for the 2010–11 hunting rulemakings, we will establish specific tribal members on their lands or on season should submit their proposals as comment periods. We will consider, but lands where they have reserved hunting soon as possible, but no later than June possibly may not respond in detail to, rights. We will continue to consult with 1, 2010. each comment. As in the past, we will tribes that wish to reach a mutual Tribes should direct inquiries summarize all comments we receive agreement on hunting regulations for regarding the guidelines and proposals during the comment period and respond on-reservation hunting by tribal to the appropriate Service Regional to them after the closing date in any members. Office listed above under the caption final rules. Tribes should not view the guidelines Consolidation of Notices. Tribes that as inflexible. We believe that they request special migratory game bird NEPA Consideration provide appropriate opportunity to hunting regulations for tribal members NEPA considerations are covered by accommodate the reserved hunting on ceded lands should send a courtesy the programmatic document ‘‘Final rights and management authority of copy of the proposal to officials in the Supplemental Environmental Impact Indian tribes while also ensuring that affected State(s). Statement: Issuance of Annual the migratory game bird resource Regulations Permitting the Sport receives necessary protection. The Public Comments Hunting of Migratory Birds (FSES 88- conservation of this important The Department of the Interior’s 14),’’ filed with the Environmental international resource is paramount. policy is, whenever practicable, to Protection Agency on June 9, 1988. We Use of the guidelines is not required if afford the public an opportunity to published notice of availability in the a tribe wishes to observe the hunting participate in the rulemaking process. Federal Register on June 16, 1988 (53 regulations established by the State(s) in Accordingly, we invite interested FR 22582). We published our Record of which the reservation is located. persons to submit written comments, Decision on August 18, 1988 (53 FR

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31341). In addition, an August 1985 was based on data from the 2006 NewReportsPublications/SpecialTopics/ environmental assessment entitled National Hunting and Fishing Survey, SpecialTopics.html#HuntingRegs or at ‘‘Guidelines for Migratory Bird Hunting the most recent year for which data are http://www.regulations.gov. Regulations on Federal Indian available (see discussion in Regulatory Clarity of the Rule Reservations and Ceded Lands’’ is Flexibility Act section below). This available from the address indicated analysis estimated consumer surplus for We are required by Executive Orders under the caption FOR FURTHER three alternatives for duck hunting 12866 and 12988 and by the INFORMATION CONTACT. (estimates for other species are not Presidential Memorandum of June 1, In a notice published in the quantified due to lack of data). The 1998, to write all rules in plain September 8, 2005, Federal Register (70 alternatives are (1) Issue restrictive language. This means that each rule we FR 53376), we announced our intent to regulations allowing fewer days than publish must: develop a new Supplemental those issued during the 2007–08 season, (a) Be logically organized; Environmental Impact Statement for the (2) Issues moderate regulations allowing (b) Use the active voice to address migratory bird hunting program. Public more days than those in alternative 1, readers directly; scoping meetings were held in the and (3) Issue liberal regulations (c) Use clear language rather than spring of 2006, as detailed in a March identical to the regulations in the 2007– jargon; 9, 2006, Federal Register (71 FR 12216). 08 season. For the 2008–09 season, we (d) Be divided into short sections and We prepared a scoping report chose alternative 3, with an estimated sentences; and summarizing the scoping comments and consumer surplus across all flyways of (e) Use lists and tables wherever scoping meetings. The report is $205–$270 million. At this time, we are possible. available by either writing to the proposing no changes to the season If you feel that we have not met these requirements, send us comments by one address indicated under FOR FURTHER frameworks for the 2010–11 season, and of the methods listed in the ADDRESSES INFORMATION CONTACT or by viewing on as such, we will again consider these our website at http://www.fws.gov/ three alternatives. However, final section. To better help us revise the migratorybirds. frameworks will be dependent on rule, your comments should be as population status information available specific as possible. For example, you Endangered Species Act Consideration later this year. For these reasons, we should tell us the numbers of the Before issuance of the 2010–11 have not conducted a new economic sections or paragraphs that are unclearly migratory game bird hunting analysis, but the 2008–09 analysis is written, which sections or sentences are regulations, we will comply with part of the record for this rule and is too long, the sections where you feel provisions of the Endangered Species available at http://www.fws.gov/ lists or tables would be useful, etc. Act of 1973, as amended (16 U.S.C. migratorybirds/ Small Business Regulatory Enforcement 1531–1543; hereinafter the Act), to NewReportsPublications/SpecialTopics/ Fairness Act ensure that hunting is not likely to SpecialTopics.html#HuntingRegs or at jeopardize the continued existence of http://www.regulations.gov. This rule is a major rule under 5 U.S.C. 804(2), the Small Business any species designated as endangered or Regulatory Flexibility Act threatened or modify or destroy its Regulatory Enforcement Fairness Act. critical habitat and is consistent with The regulations have a significant For the reasons outlined above, this rule conservation programs for those species. economic impact on substantial has an annual effect on the economy of Consultations under section 7 of the Act numbers of small entities under the $100 million or more. However, because may cause us to change proposals in Regulatory Flexibility Act (5 U.S.C. 601 this rule establishes hunting seasons, we this and future supplemental proposed et seq.). We analyzed the economic do not plan to defer the effective date rulemaking documents. impacts of the annual hunting under the exemption contained in 5 regulations on small business entities in U.S.C. 808(1). Executive Order 12866 detail as part of the 1981 cost-benefit Paperwork Reduction Act The Office of Management and Budget analysis. This analysis was revised has determined that this rule is annually from 1990–95. In 1995, the We examined these regulations under significant and has reviewed this rule Service issued a Small Entity Flexibility the Paperwork Reduction Act of 1995 under Executive Order 12866. OMB Analysis (Analysis), which was (44 U.S.C. 3501 et seq.). The various bases its determination of regulatory subsequently updated in 1996, 1998, recordkeeping and reporting significance upon the following four 2004, and 2008. The primary source of requirements imposed under regulations criteria: information about hunter expenditures established in 50 CFR part 20, subpart (a) Whether the rule will have an for migratory game bird hunting is the K, are utilized in the formulation of annual effect of $100 million or more on National Hunting and Fishing Survey, migratory game bird hunting the economy or adversely affect an which is conducted at 5–year intervals. regulations. Specifically, OMB has economic sector, productivity, jobs, the The 2008 Analysis was based on the approved the information collection environment, or other units of the 2006 National Hunting and Fishing requirements of our Migratory Bird government. Survey and the U.S. Department of Surveys and assigned control number (b) Whether the rule will create Commerce’s County Business Patterns, 1018–0023 (expires 2/28/2011). This inconsistencies with other Federal from which it was estimated that information is used to provide a agencies’ actions. migratory bird hunters would spend sampling frame for voluntary national (c) Whether the rule will materially approximately $1.2 billion at small surveys to improve our harvest affect entitlements, grants, user fees, businesses in 2008. Copies of the estimates for all migratory game birds in loan programs, or the rights and Analysis are available upon request order to better manage these obligations of their recipients. from the Division of Migratory Bird populations. OMB has also approved (d) Whether the rule raises novel legal Management (see FOR FURTHER the information collection requirements or policy issues. INFORMATION CONTACT) or from our of the Alaska Subsistence Household An economic analysis was prepared website at http://www.fws.gov/ Survey, an associated voluntary annual for the 2008–09 season. This analysis migratorybirds/ household survey used to determine

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levels of subsistence take in Alaska, and determined that there are no effects on Dated: April 1, 2010 assigned control number 1018–0124 Indian trust resources. However, in this Thomas L. Strickland (expires 1/31/2010). A Federal agency proposed rule, we solicit proposals for Assistant Secretary for Fish Wildlife and may not conduct or sponsor and a special migratory bird hunting Parks. person is not required to respond to a regulations for certain Tribes on Federal collection of information unless it Indian reservations, off-reservation trust Proposed 2010–11 Migratory Game displays a currently valid OMB control lands, and ceded lands for the 2010-11 Bird Hunting Regulations (Preliminary) number. migratory bird hunting season. The Pending current information on Unfunded Mandates Reform Act resulting proposals will be contained in populations, harvest, and habitat a separate proposed rule. By virtue of conditions, and receipt of We have determined and certify, in recommendations from the four Flyway compliance with the requirements of the these actions, we have consulted with Tribes affected by this rule. Councils, we may defer specific Unfunded Mandates Reform Act, 2 regulatory proposals. At this time, we U.S.C. 1502 et seq., that this rulemaking Federalism Effects are proposing no changes from the final will not impose a cost of $100 million 2009–10 frameworks established on or more in any given year on local or Due to the migratory nature of certain August 25 and September 24, 2009 (74 State government or private entities. species of birds, the Federal FR 43008 and 74 FR 48822). Other Therefore, this rule is not a ‘‘significant Government has been given issues requiring early discussion, action, regulatory action’’ under the Unfunded responsibility over these species by the or the attention of the States or tribes are Mandates Reform Act. Migratory Bird Treaty Act. We annually contained below: prescribe frameworks from which the Civil Justice Reform—Executive Order 1. Ducks 12988 States make selections regarding the hunting of migratory birds, and we Categories used to discuss issues The Department, in promulgating this employ guidelines to establish special related to duck harvest management are: proposed rule, has determined that this regulations on Federal Indian (A) General Harvest Strategy, (B) proposed rule will not unduly burden reservations and ceded lands. This Regulatory Alternatives, (C) Zones and the judicial system and that it meets the process preserves the ability of the Split Seasons, and (D) Special Seasons/ requirements of sections 3(a) and 3(b)(2) Species Management. Only those States and tribes to determine which of Executive Order 12988. containing substantial recommendations seasons meet their individual needs. are discussed below. Takings Implication Assessment Any State or Indian tribe may be more In accordance with Executive Order restrictive than the Federal frameworks A. General Harvest Strategy 12630, this proposed rule, authorized by at any time. The frameworks are We propose to continue using the Migratory Bird Treaty Act, does not developed in a cooperative process with adaptive harvest management (AHM) to have significant takings implications the States and the Flyway Councils. help determine appropriate duck- and does not affect any constitutionally This process allows States to participate hunting regulations for the 2010–11 protected property rights. This rule will in the development of frameworks from season. AHM permits sound resource not result in the physical occupancy of which they will make selections, decisions in the face of uncertain property, the physical invasion of thereby having an influence on their regulatory impacts and provides a property, or the regulatory taking of any own regulations. These rules do not mechanism for reducing that property. In fact, these rules allow have a substantial direct effect on fiscal uncertainty over time. We use AHM to hunters to exercise otherwise capacity, change the roles or evaluate four alternative regulatory unavailable privileges and, therefore, responsibilities of Federal or State levels for duck hunting based on the reduce restrictions on the use of private governments, or intrude on State policy population status of mallards. (We enact and public property. or administration. Therefore, in special hunting restrictions for species of special concern, such as canvasbacks, Energy Effects—Executive Order 13211 accordance with Executive Order 13132, scaup, and pintails). Executive Order 13211 requires these regulations do not have significant agencies to prepare Statements of federalism effects and do not have 1. Pacific, Central and Mississippi Energy Effects when undertaking certain sufficient federalism implications to Flyways actions. While this proposed rule is a warrant the preparation of a Federalism Until 2008, we based the prescribed significant regulatory action under Assessment. regulatory alternative for the Pacific, Executive Order 12866, it is not List of Subjects in 50 CFR Part 20 Central, and Mississippi Flyways on the expected to adversely affect energy status of mallards and breeding-habitat supplies, distribution, or use. Therefore, Exports, Hunting, Imports, Reporting conditions in central North America. this action is not a significant energy and recordkeeping requirements, (Federal survey strata 1–18, 20–50, and action and no Statement of Energy Transportation, Wildlife. 75–77, and State surveys in Minnesota, Effects is required. Wisconsin, and Michigan.) In 2008, we Authority based hunting regulations upon the Government-to-Government breeding stock that contributes Relationship with Tribes The rules that eventually will be primarily to each Flyway, as follows: In accordance with the President’s promulgated for the 2010–11 hunting (1) We set hunting regulations in the memorandum of April 29, 1994, season are authorized under 16 U.S.C. Pacific Flyway based on the status and ‘‘Government-to-Government Relations 703–711, 16 U.S.C. 712, and 16 U.S.C. dynamics of a newly defined stock of with Native American Tribal 742 a–j. ‘‘western’’ mallards. (Western mallards Governments’’ (59 FR 22951), Executive are those breeding in Alaska (as based Order 13175, and 512 DM 2, we have on Federal surveys in strata 1–12), and evaluated possible effects on Federally- in California and Oregon (as based on recognized Indian tribes and have State-conducted surveys).) (2) We set

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hunting regulations for the Central and on harvest distribution and rates of of zone/split configurations in 2011. Mississippi Flyways based on the status harvest before considering any The guidelines are as follows: and dynamics of mid-continent subsequent use (67 FR 12501). Guidelines for Duck Zones and Split mallards. (Mid-continent mallards are For 2010–11, we are proposing to Seasons those breeding in central North America maintain the same regulatory not included in the Western mallard alternatives that were in effect last year The following zone/split-season stock, as defined above.) (see accompanying table for specifics of guidelines apply only for the regular For the 2010–11 season, we the proposed regulatory alternatives). duck season: recommend continuing to use Alternatives are specified for each a. A zone is a geographic area or independent optimization to determine Flyway and are designated as ‘‘RES’’ for portion of a State, with a contiguous the optimum regulations. This means the restrictive, ‘‘MOD’’ for the moderate, boundary, for which independent dates that we would develop regulations for and ‘‘LIB’’ for the liberal alternative. We may be selected for the regular duck mid-continent mallards and western will announce final regulatory season. mallards independently, based upon the alternatives in mid-July. We will accept b. Consideration of changes for breeding stock that contributes public comments until June 25, 2010, management-unit boundaries is not primarily to each Flyway. We detailed and you should send your comments to subject to the guidelines and provisions implementation of this new AHM an address listed under the caption governing the use of zones and split decision framework in the July 24, 2008, ADDRESSES. seasons for ducks. Federal Register (73 FR 43290). c. Only minor (less than a county in C. Zones and Split Seasons size) boundary changes will be allowed 2. Atlantic Flyway In 1990, because of concerns about for any grandfathered arrangement, and Since 2000, we have prescribed a the proliferation of zones and split changes are limited to the open season. regulatory alternative for the Atlantic seasons for duck hunting, we conducted d. Once a zone/split option is selected Flyway based on the population status a cooperative review and evaluation of during an open season, it must remain of mallards breeding in eastern North the historical use of zone/split options. in place for the following 5 years. America (Federal survey strata 51–54 This review did not show that the Any State may continue the and 56, and State surveys in New proliferation of these options had configuration used in the previous 5– England and the mid-Atlantic region). increased harvest pressure; however, the year period. If changes are made, the We recommend continuation of this ability to detect the impact of zone/split zone/split-season configuration must protocol for the 2010–11 season. configurations was poor because of conform to one of the following options: 1. Three zones with no splits, 3. Final 2010-2011 AHM Protocol unreliable response variables, the lack of statistical tests to differentiate 2. Split seasons (no more than 3 We will detail the final AHM protocol between real and perceived changes, segments) with no zones, or for the 2010–11 season in the early- and the absence of adequate 3. Two zones with the option for 2- season proposed rule, which we will experimental controls. Consequently, way (2-segment) split seasons in one or publish in mid-July (see Schedule of we established guidelines to provide a both zones. Regulations Meetings and Federal framework for controlling the Register Publications at the end of this Grandfathered Zone/Split Arrangements proliferation of changes in zone/split proposed rule for further information). When we first implemented the zone/ options. The guidelines identified a We will propose a specific regulatory split guidelines in 1991, several States limited number of zone/split alternative for each of the Flyways had completed experiments with zone/ configurations that could be used for during the 2010–11 season after survey split arrangements different from duck hunting and restricted the information becomes available in late Options 1–3 above. We offered those frequency of changes in these summer. More information on AHM is States a one-time opportunity to configurations to 5–year intervals. located at http://www.fws.gov/ continue (‘‘grandfather’’) those migratorybirds/CurrentBirdIssues/ In 1996, we revised the guidelines to arrangements, with the stipulation that Management/AHM/AHM-intro.htm. provide States greater flexibility in only minor changes could be made to using their zone/split arrangements. In zone boundaries;. If any of those States B. Regulatory Alternatives 2005, in further response to now wish to change their zone/split The basic structure of the current recommendations from the Flyway arrangement: regulatory alternatives for AHM was Councils, we considered changes to the 1. The new arrangement must adopted in 1997. In 2002, based upon zone/split guidelines. After our review, conform to one of the 3 options recommendations from the Flyway however, we concluded that the current identified above; and Councils, we extended framework dates guidelines continue to achieve their 2. The State cannot go back to the in the ‘‘moderate’’ and ‘‘liberal’’ intended objectives while allowing grandfathered arrangement that it regulatory alternatives by: States sufficient flexibility to address previously had in place. (1) Changing the opening date from differences in physiography, climate, the Saturday nearest October 1 to the and other factors and that the guidelines D. Special Seasons/Species Saturday nearest September 24; and need not be changed. We further stated Management (2) Changing the closing date from the that the guidelines would be used for all Sunday nearest January 20 to the last future open seasons (70 FR 55667). v. Pintails Sunday in January. Open seasons for changes occurred in These extended dates were made 1991, 1996, 2001, and 2006. The next Since 1997, we have used a available with no associated penalty in open season for changes to zone/split prescriptive strategy to determine season length or bag limits. At that time configurations will be in 2011, for the pintail regulations. However, as we have we stated our desire to keep these 2011–15 period. We are providing the continually stated over the past several changes in place for 3 years to allow for guidelines here in order to allow years, we remain committed to a reasonable opportunity to monitor the sufficient time for States to solicit developing a framework for pintail impacts of framework-date extensions public input regarding their selections harvest management based on a formal,

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derived strategy and clearly articulated the Flyways will discuss this proposal Flyway Councils, we will announce our management objectives. at upcoming 2010 Winter meetings and intentions whether to propose the Over the past 2 years, scientists from provide specific feedback on the draft strategy following the June 23-24, 2010, the U.S. Geological Survey (USGS) and process. SRC meeting. the Service, in consultation with the If there is reasonable agreement 16. Mourning Doves Flyway Councils, have collaborated in between what the individual Flyways developing an adaptive, derived propose and the combined results from In 2006 (see July 28, 2006, Federal framework for pintail harvest all four Flyways, the draft strategy could Register, 71 FR 43008), we approved management. This draft framework was be reviewed at the June 2010 SRC guidelines for the use of zone/split offered for Flyway consideration via meeting, and potentially published in seasons for doves with implementation presentations made at the AHM the proposed early season regulations as beginning in the 2007–08 season. While Working Group meeting in November a proposal for use during this regulatory the initial period was for 4 years (2007– 2007, the Service Regulations cycle. Alternately, if this schedule is too 10), we further stated that beginning in Committee (SRC) meeting in January compressed for adequate consultation, 2011, zoning would conform to a 5–year 2008, and Flyway Technical Committee or if disagreements arise that require a period. meetings in March 2008. The draft longer period of discussion, The next open season for changes to framework was revised a number of implementation could wait until the dove zone/split configurations will be in times in response to comments by the 2011–12 hunting season. 2011, for the 2011–15 period. We are Flyways. 14. Woodcock providing the guidelines here in order to Last year, we again expressed a desire allow sufficient time for States to solicit to re-engage with the Flyways to address In 2008, we completed a review of public input regarding their selections unresolved issues with the goal of available woodcock population of zone/split configurations in 2011. implementing a derived, adaptive databases to assess their utility for The guidelines are as follows: strategy for pintail harvest management developing a woodcock harvest strategy. during the 2010–11 regulatory cycle. In Concurrently, we requested that the Guidelines for Dove Zones and Split the September 24, 2009, Federal Atlantic, Mississippi, and Central Seasons in the Eastern and Central Register (74 FR 48822), we stated that, Flyway Councils appoint members to a Mourning Dove Management Units for the implementation of the new working group to cooperate with us on 1. A zone is a geographic area or derived strategy to be successful, the developing a woodcock harvest strategy. portion of a State, with a contiguous Service and Flyway Councils must In February 2010, the working group boundary, for which independent reach agreement on several key issues. completed a draft interim harvest seasons may be selected for dove These issues included: (1) strategy for consideration by the Flyway hunting. Determination of the harvest Councils at their March meetings. 2. States may select a zone/split management objective, (2) identification The working group’s draft interim option during an open season. The of any constraints that would be harvest strategy provides a transparent option must remain in place for the included in the strategy (e.g., closure framework for making regulatory following 5 years except that States may constraint), and (3) a decision regarding decisions for woodcock season length make a one-time change and revert to specific inclusion of a harvest allocation and bag limit while we work to improve their previous zone/split configuration process. To that end, we made technical monitoring and assessment protocols for in any year of the 5–year period. Formal information regarding aspects of the this species. While the strategy’s approval will not be required, but States derived strategy available at the objective is to set woodcock harvest at must notify the Service before making December 2009 AHM Working Group a level commensurate with population, the change. Meeting. data limitations preclude accurately In January 2010, we distributed to the assessing harvest potential at this time. 3. Zoning periods for dove hunting Flyways a report entitled ‘‘Proposal for Thus, the strategy’s thresholds for will conform to those years used for a Derived and Adaptive Harvest regulations changes are based on the ducks, e.g., 2006–10. Strategy for Northern Pintails’’ premise that further population declines 4. The zone/split configuration (available at http://www.fws.gov/ would result in decreased harvest, while consists of two zones with the option for migratorybirds/ population increases would allow for 3-way (3-segment) split seasons in one NewsPublicationsReports.html). The additional harvest. Specifics of the draft or both zones. As a grandfathered report was also presented and discussed interim harvest strategy can be found at arrangement, Texas will have three at the February 3, 2010, SRC meeting in http://www.fws.gov/migratorybirds/ zones with the option for 2-way (2- Denver. In this report, we have NewsPublicationsReports.html. segment) split seasons in one, two, or all attempted to reframe the issue in a The working group recommended that three zones. multiple-objective decision making the interim harvest strategy be 5. States that do not wish to zone for context. We hope this will refocus the implemented for the 2011–12 hunting dove hunting may split their seasons discussion on the fundamental season and be in effect for 5 years into no more than 3 segments. objectives of pintail harvest (2011–15). They further recommended For the 2011–15 period, any State management, allow acceptance of the that the Service and Flyway Councils may continue the configuration used in inherent tradeoffs, and result in a evaluate the strategy after 5 years and 2007–10. If changes are made, the zone/ harvest strategy that best balances the continue to assess the feasibility of split-season configuration must conform objectives of the Flyways, the Service, developing a derived harvest strategy. to one of the options listed above. the States, and the public. We hope that Following review and comment by the BILLING CODE 4310–55–P

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[FR Doc. 2010–11032 Filed 5–12–10; 8:45 am] BILLING CODE 4310–55–C

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Reader Aids Federal Register Vol. 75, No. 92 Thursday, May 13, 2010

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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. 535...... 23565 Presidential Documents 2 CFR 985...... 23152 Executive orders and proclamations 741–6000 Proposed Rules: 989...... 23152 The United States Government Manual 741–6000 Ch. 58 ...... 24494 1273...... 23152 1274...... 23152 Other Services 3 CFR Electronic and on-line services (voice) 741–6020 Proposed Rules: Proclamations: 327...... 23516, 26681 Privacy Act Compilation 741–6064 8505...... 23557 701...... 24497 Public Laws Update Service (numbers, dates, etc.) 741–6043 8506...... 23559 956...... 23631 TTY for the deaf-and-hard-of-hearing 741–6086 8507...... 23561 1267...... 23631 8508...... 24363 14 CFR ELECTRONIC RESEARCH 8509...... 24365 8510...... 24367 25...... 26643 World Wide Web 8511...... 24369 39 ...... 23568, 23571, 23572, Full text of the daily Federal Register, CFR and other publications 8512...... 24371 23574, 23577, 23579, 24389, is located at: http://www.gpoaccess.gov/nara/index.html 8513...... 25099 26881, 26883, 26885 Federal Register information and research tools, including Public 8514...... 25101 71 ...... 23580, 23581, 24789 Inspection List, indexes, and links to GPO Access are located at: 8515...... 26055 95...... 24790 http://www.archives.gov/federallregister 8516...... 26873 97...... 25759, 25760 8517...... 26875 E-mail 119...... 26645 8518...... 26877 Proposed Rules: FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Executive Orders: 27...... 24501, 24502 an open e-mail service that provides subscribers with a digital 13541...... 26879 29...... 24502 form of the Federal Register Table of Contents. The digital form Administrative Orders: 39 ...... 23194, 24824, 25124, of the Federal Register Table of Contents includes HTML and Memorandums: 25785, 25788, 25791, 26148, PDF links to the full text of each document. Memorandum of April 26681, 26888, 26889 To join or leave, go to http://listserv.access.gpo.gov and select 27, 2010 ...... 23563 71 ...... 23636, 24504, 26148, Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of May 26150, 26151, 26891 (or change settings); then follow the instructions. 3, 2010 ...... 24781 110...... 25127 Notices: 119...... 25127 PENS (Public Law Electronic Notification Service) is an e-mail Notice of May 3, 121...... 25127 service that notifies subscribers of recently enacted laws. 2010 ...... 24779 129...... 25127 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 135...... 25127 and select Join or leave the list (or change settings); then follow 5 CFR the instructions. 1600...... 24785 15 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot 1650...... 24785 748...... 25763 respond to specific inquiries. 7 CFR 17 CFR Reference questions. Send questions and comments about the 272...... 23565 Federal Register system to: [email protected] Proposed Rules: 273...... 23565 200...... 23328 The Federal Register staff cannot interpret specific documents or 360...... 23151 229...... 23328 regulations. 361...... 23151 230...... 23328 Reminders. Effective January 1, 2009, the Reminders, including 760...... 25103 232...... 23328 Rules Going Into Effect and Comments Due Next Week, no longer 783...... 25103 239...... 23328 appear in the Reader Aids section of the Federal Register. This 1205...... 24373 240...... 23328 information can be found online at http://www.regulations.gov. 1416...... 25103 243...... 23328 Proposed Rules: 249...... 23328 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1530...... 23631 longer appears in the Federal Register. This information can be 18 CFR found online at http://bookstore.gpo.gov/. 10 CFR 1b...... 24392 72...... 24786 40...... 26057 FEDERAL REGISTER PAGES AND DATE, MAY Proposed Rules: 157...... 24392 23151–23556...... 3 50...... 24324 Proposed Rules: 72...... 25120 37...... 24828 23557–24362...... 4 430...... 23191, 25121 24363–24780...... 5 431...... 24824, 25121 19 CFR 24781–25098...... 6 101...... 24392 25099–25758...... 7 11 CFR 25759–26054...... 10 300...... 24375 21 CFR 26055–26642...... 11 520...... 26646 26643–26880...... 12 12 CFR 522...... 26647 26881–27154...... 13 204...... 24384 524...... 26647

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556...... 24394 165 ...... 23202, 23209, 23212, 301-51...... 24434 Proposed Rules: 558...... 24394 25794, 26155, 26157 301-52...... 24434 Ch. I...... 26171, 26180 173...... 25137 301-70...... 24434 54...... 25156, 26906 22 CFR 174...... 25137 301-75...... 24434 64...... 26701 Proposed Rules: 181...... 25137 302-6...... 24434 62...... 23196 187...... 25137 302-9...... 24434 48 CFR 24 CFR 36 CFR 42 CFR 252...... 25119 202...... 23582 251...... 24801 410...... 26350 Proposed Rules: 411...... 26350 24...... 26916 26 CFR 38 CFR 414...... 26350 207...... 25159 1...... 26061 Proposed Rules: 415...... 26350 211...... 25160 54...... 27122 1...... 24510, 26160 424...... 24437 212...... 25161 602...... 27122 17...... 26683 431...... 24437 215...... 25165 Proposed Rules: 62...... 24514 485...... 26350 225...... 25167 54...... 27141 498...... 26350 227...... 25161 39 CFR Proposed Rules: 234...... 25165 28 CFR Proposed Rules: 5...... 26167 242...... 25165 20...... 24796 111...... 24534 412...... 23852 252 ...... 25160, 25161, 25165 540...... 25110 413...... 23852 9904...... 25982 40 CFR 440...... 23852 29 CFR 52 ...... 23167, 24404, 24406, 441...... 23852 49 CFR 1202...... 26062 24408, 25770, 25772, 25775, 482...... 23852 1206...... 26062 25778, 26102, 26113, 26118, 485...... 23852 531...... 25324 2590...... 27122 26653 489...... 23852 533...... 25324 Proposed Rules: 80...... 26026, 26121 536...... 25324 1904...... 24505 81 ...... 24409, 26113, 26118 44 CFR 537...... 25324 1910 ...... 23677, 24509, 24835 82...... 23167, 25781 64...... 24820 538...... 25324 85...... 25324 65...... 23593 Proposed Rules: 30 CFR 86...... 25324 67 ...... 23595, 23600, 23608 26...... 25815 250...... 23582 180 ...... 24421, 24428, 26652, Proposed Rules: 40...... 26183 26668, 26673 67...... 23615, 23620 213...... 25928 31 CFR 300...... 26131 238...... 25928 363...... 26089 600...... 25324 45 CFR 594...... 25169 551...... 24394 745...... 24802 144...... 27122 Proposed Rules: 146...... 27122 50 CFR 32 CFR 52 ...... 23640, 24542, 24544, 147...... 27122 551...... 24394 24844, 25797, 25798, 26685, 149...... 24450 622 ...... 23186, 24822, 26679 706...... 25111 26892 159...... 24470 635...... 26679 80...... 26049, 26165 Proposed Rules: 654...... 26679 33 CFR 81...... 26685, 26898 160...... 23214 660...... 24482 100 ...... 23587, 24400, 24799, 82...... 25799 164...... 23214 679...... 23189 26091 98...... 26904 660...... 23615, 23620 117 ...... 23588, 24400, 25765 300...... 26166 46 CFR Proposed Rules: 147...... 26091 745...... 24848, 25038 Proposed Rules: 17...... 23654, 24545 165 ...... 23589, 23592, 24402, 520...... 25150, 26906 20...... 27144 24799, 25111, 25766, 26094, 41 CFR 532...... 25150, 26906 83...... 24862 26098, 26648, 26650 102-39...... 24820 224...... 25174 334...... 26100 300-3...... 24434 47 CFR 253...... 24549 Proposed Rules: Ch. 301 ...... 24434 54...... 25113, 26137 660...... 26702 100...... 26152 301-10...... 24434 73...... 25119 697...... 26703

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The text of laws is not S. 1963/P.L. 111–163 enacted public laws. To published in the Federal Caregivers and Veterans subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Omnibus Health Services Act listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual of 2010 (May 5, 2010; 124 publaws-l.html This is a continuing list of pamphlet) form from the Stat. 1130) public bills from the current Superintendent of Documents, Last List May 4, 2010 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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