2–6–09 Friday Vol. 74 No. 24 Feb. 6, 2009

Pages 6223–6350

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Contents Federal Register Vol. 74, No. 24

Friday, February 6, 2009

Agency for International Development Employment and Training Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Implementation of Supplemental Appropriations Act, 2008, Submissions, and Approvals, 6264 Title IV – Emergency Unemployment Compensation, and the Unemployment Compensation Extension Act, Agriculture Department 6311–6331 See Forest Service Energy Department Army Department See Federal Energy Regulatory Commission NOTICES See Western Area Power Administration Availability of Government–Owned Inventions; Available NOTICES for Licensing, 6272 Meetings: Biomass Research and Development Technical Advisory Broadcasting Board of Governors Committee, 6272 NOTICES Teleconference: Meetings; Sunshine Act, 6264 State Energy Advisory Board, 6272–6273

Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings; Sunshine Act, 6264 Regulation of Fuels and Fuel Additives: Gasoline and Diesel Fuel Test Methods, 6233 Coast Guard NOTICES RULES Agency Information Collection Activities; Proposals, Drawbridge Operation Regulation: Submissions, and Approvals, 6286–6288 Bayou Lacarpe, Mile 7.5, at Houma, Lafourche Parish, Environmental Impact Statements; Availability, etc.: LA, 6228–6229 Comments Availability, 6288–6289 Cedar Creek, Cedar Beach, DE, 6229–6230 Weekly Receipt, 6289 Nanticoke River, Seaford, DE, 6229 NOTICES Executive Office of the President Commercial Fishing Industry Vessel Safety Advisory See Presidential Documents Committee; Vacancies, 6294–6295 Federal Communications Commission Commerce Department RULES See Industry and Security Bureau Improving Public Safety Communications in the 800 MHz See International Trade Administration Band: See National Oceanic and Atmospheric Administration County of Chester, PA and Sprint Nextel Corp.; City of See Patent and Trademark Office Chesapeake, VA and Sprint Nextel Corp., 6235–6236 NOTICES Television Broadcasting Services: Agency Information Collection Activities; Proposals, Clovis, NM, 6234–6235 Submissions, and Approvals, 6264–6265 Danville, KY, 6234 Montgomery, AL, 6233–6234 Defense Department NOTICES See Army Department Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 6289–6290 TRICARE: Radio Broadcasting Services: Hospital Outpatient Prospective Payment System (OPPS); AM or FM Proposals to Change the Community of Delay of Effective Date, etc., 6228 License, 6290–6291 NOTICES Agency Information Collection Activities; Proposals, Federal Emergency Management Agency Submissions, and Approvals, 6271 NOTICES Meetings: National Advisory Council: Defense Task Force on Sexual Assault in the Military Request for Applicants for Appointment, 6295–6296 Services, 6271–6272 Federal Energy Regulatory Commission Defense NOTICES See Defense Department Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6273–6274 Drug Enforcement Administration Applications: NOTICES City of Escondido and Vista Irrigation District, 6274–6275 Importer of Controlled Substances; Application, 6309 Green Wave Energy Solutions, LLC, 6275 Manufacturer of Controlled Substances; Registration, 6309– Natural Currents Energy Services, LLC, 6275 6311 Combined Notice of Filings, 6276–6279

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Environmental Impact Statements; Availability, etc.: Homeland Security Department Fayetteville Express Pipeline, LLC; Public Scoping See Coast Guard Meetings, 6279–6281 See Federal Emergency Management Agency Guidance Order on Compliance Audits Conducted by the See U.S. Customs and Border Protection Electric Reliability Organization and Regional Entities, 6282–6283 HSB Request Under Blanket Authorization: See U.S. Customs and Border Protection Natural Gas Pipeline Co. of America LLC, 6283 Staff Panel: Industry and Security Bureau Bay Gas Storage Co., Ltd., 6283–6284 NOTICES Technical Conference: Action Affecting Export Privileges: Equitrans, L.P., 6284 Islamic Republic of Iran Shipping Lines et al., 6265–6267 Federal Maritime Commission Interior Department NOTICES See Fish and Wildlife Service Meetings; Sunshine Act, 6291 See Geological Survey See National Park Service Federal Reserve System RULES International Trade Administration Risk–Based Capital Guidelines; Leverage Capital NOTICES Guidelines, 6223–6225 Commercial Service Trade Mission to Colombia, 6267–6268 Transactions Between Member Banks and their Affiliates: Exemption for Certain Purchases of Asset–Backed International Trade Commission Commercial Paper by a Member Bank from an NOTICES Affiliate, 6226–6228 Investigations: Exemption for Certain Securities Financing Transactions Certain Rubber Antidegradants, Components Thereof, and Between a Member Bank and an Affiliate, 6225–6226 Products Containing Same, 6307–6308 NOTICES Change in Bank Control Notices; Acquisition of Shares of Justice Department Bank or Bank Holding Companies, 6291 See Drug Enforcement Administration NOTICES Fish and Wildlife Service Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 6308–6309 Subsistence Management Regulations for Public Lands in Alaska—2010–11 and 2011–12 Subsistence Taking or Labor Department Wildlife Regulations; Withdrawal, 6250 See Employment and Training Administration NOTICES Environmental Assessment; Availability, etc.: National Institutes of Health Humboldt Bay National Wildlife Refuge Complex, NOTICES Humboldt and Del Norte Counties, CA, 6301–6302 Meetings: Final Comprehensive Conservation Plan for Nine Wetland Center for Scientific Review, 6292–6294 Management Districts, North Dakota, 6303 National Oceanic and Atmospheric Administration Receipt of Applications for the Amendment of Incidental Take Permits for Residential Construction in Charlotte RULES County, FL, 6303–6304 Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Forest Service Specifications and Management Measures, 6244– PROPOSED RULES 6248 Subsistence Management Regulations for Public Lands in Taking and Importing Marine Mammals: Alaska—2010–11 and 2011–12 Subsistence Taking or Taking Marine Mammals Incidental to Space Vehicle and Wildlife Regulations; Withdrawal, 6250 Test Flight Activities from Vandenberg Air Force Base (VAFB), CA, 6236–6244 General Services Administration PROPOSED RULES NOTICES Fisheries of the Caribbean, Gulf of Mexico, and South Federal Asset Sales (eFAS) Reporting Tool; GSA Bulletin Atlantic: (FMR B–23), 6291–6292 Snapper–Grouper Fishery off the Southern Atlantic States (Amendment 16), 6257–6263 Geological Survey Magnuson–Stevens Act Provisions: NOTICES Interjurisdictional Fisheries Act; Disaster Assistance Agency Information Collection Activities; Proposals, Programs; Fisheries Assistance Programs, 6257 Submissions, and Approvals, 6304–6305 NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 6268–6269 See National Institutes of Health NOTICES National Park Service Decision to Evaluate a Petition to Designate a Class of NOTICES Employees to be included in the Special Exposure National Register of Historic Places: Cohort: Notification of Pending Nominations and Related Bliss & Laughlin Steel facility, in Buffalo, NY, 6292 Actions, 6306

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Weekly Listing of Historic Properties, 6306–6307 Transportation Department PROPOSED RULES National Science Foundation Enhancing Airline Passenger Protections, 6249–6250 NOTICES Meetings: Proposal Review Panel for Physics, 6331 U.S. Customs and Border Protection Permit Modification Request Received Under the Antarctic NOTICES Conservation Act (1978), 6332 Accreditation and Approval as a Commercial Gauger and Laboratory: Nuclear Regulatory Commission Intertek USA, Inc., 6296 NOTICES Accreditation and Approval as a Commercial Gauger and Environmental Impact Statements; Availability, etc.: Laboratory: Exelon Generation Company, LLC, and PSEG Nuclear, Intertek USA, Inc., 6296–6297 LLC; Correction, 6332 Saybolt LP, 6297 Thionville Surveying Company, Inc., 6297–6298 Patent and Trademark Office Accreditation as a Commercial Laboratory: NOTICES Intertek USA, Inc., 6298 Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6269–6271 Submissions, and Approvals, 6298–6300 Approval as a Commercial Gauger: Postal Regulatory Commission Intertek USA, Inc., 6300–6301 RULES Saybolt LP, 6301 New Domestic Mail Product, 6230–6233 VIP Chemical, Inc., 6301 Postal Service PROPOSED RULES Veterans Affairs Department New Standards for Domestic Mailing Services, Revised NOTICES Proposal, 6250–6257 Meetings: Research Advisory Committee on Gulf War Veterans’ Presidential Documents Illnesses, 6340 PROCLAMATIONS Special observances: Western Area Power Administration American Heart Month (Proc. 8344), 6341–6344 NOTICES National African American History Month (Proc. 8345), Environmental Impact Statements; Availability, etc.: 6345–6346 Interconnection of the Proposed Deer Creek Station ADMINISTRATIVE ORDERS Cote d’Ivoire; Continuation of National Emergency (Notice Energy Facility Project, South Dakota, 6284–6286 of February 4, 2009), 6349–6350 State Children’s Health Insurance Program; Withdrawal of Income Eligibility Standards Limitations (Memorandum Separate Parts In This Issue of February 4, 2009), 6347–6348 Public Health Service Part II See National Institutes of Health Presidential Documents, 6341–6350 Securities and Exchange Commission NOTICES Self–Regulatory Organizations; Proposed Rule Changes: Reader Aids Chicago Board Options Exchange, Inc., 6332–6335 Consult the Reader Aids section at the end of this page for Financial Industry Regulatory Authority, Inc., 6335–6338 phone numbers, online resources, finding aids, reminders, NYSE Arca, Inc., 6338–6339 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Meetings: archives, FEDREGTOC-L, Join or leave the list (or change Overseas Security Advisory Council, 6339–6340 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8344...... 6343 8345...... 6345 Administrative Orders: Memorandums: Memorandum of February 4, 2009 ...... 6347 Notices: Notice of February 4, 2009 ...... 6349 12 CFR 208...... 6223 223 (2 documents) ...... 6225, 6226 225...... 6223 14 CFR Proposed Rules: 234...... 6249 259...... 6249 399...... 6249 32 CFR 199...... 6228 33 CFR 117 (3 documents) ...... 6228, 6229 36 CFR Proposed Rules: 242...... 6250 39 CFR 3020...... 6230 Proposed Rules: 111...... 6250 40 CFR 80...... 6233 47 CFR 73 (3 documents) ....6233, 6234 90...... 6235 50 CFR 216...... 6236 648...... 6244 Proposed Rules: 100...... 6250 253...... 6257 600...... 6257 622...... 6257

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Rules and Regulations Federal Register Vol. 74, No. 24

Friday, February 6, 2009

This section of the FEDERAL REGISTER In light of the ongoing dislocations in organization as a result of its contains regulatory documents having general the financial markets, and the impact of participation in the facility. applicability and legal effect, most of which such dislocations on the functioning of are keyed to and codified in the Code of After considering the comments, the the markets for ABCP and on the Board has adopted a final rule that is Federal Regulations, which is published under operations of money market mutual 50 titles pursuant to 44 U.S.C. 1510. largely identical to the interim final rule funds, the Board adopted the AMLF on but includes minor changes to reflect The Code of Federal Regulations is sold by September 19, 2008. Under the AMLF, the extended duration of the AMLF. The the Superintendent of Documents. Prices of depository institutions and bank interim final rule provided that the holding companies (banking new books are listed in the first FEDERAL exemptions applied only to ABCP REGISTER issue of each week. organizations) are able to borrow from purchased between September 19, 2008, the Federal Reserve Bank of Boston on and January 30, 2009 from an affiliated a nonrecourse basis on condition that SEC-registered open-end investment FEDERAL RESERVE SYSTEM the organizations use the proceeds of company that holds itself out as a the Federal Reserve credit to purchase, money market mutual fund under SEC 12 CFR Parts 208 and 225 at amortized cost, certain highly rated Rule 2a–7 (17 CFR 270.2a–7). This U.S. dollar-denominated ABCP from [Regulations H and Y; Docket No. 1332] timeframe coincided with the dates of money market mutual funds. The ABCP the AMLF. In the final rule, the date Risk-Based Capital Guidelines; purchased must be used to secure the range for eligible ABCP purchases has Leverage Capital Guidelines borrowing from the Reserve Bank. The been eliminated, but the rule continues purpose of the AMLF is to assist money to provide that the exemptions are AGENCY: Board of Governors of the market mutual funds to obtain liquidity available only for ABCP that are Federal Reserve System. by enabling them to sell some of their purchased in order to secure borrowing ACTION: Final rule. high-credit-quality secured assets at from the AMLF. As a result, the amortized cost. The AMLF, which was SUMMARY: exemptions effectively will no longer be To reduce liquidity and other initially scheduled to expire on January available once the AMLF expires. strains being experienced by money 31, 2009, has been extended to April 30, market mutual funds, the Federal 2009.1 The Board has determined that the Reserve System adopted on September Banking organizations that participate current leverage and risk-based capital 19, 2008, the Asset-Backed Commercial in the AMLF must acquire and hold requirements for ABCP acquired by a Paper Money Market Mutual Fund ABCP on their balance sheet. These banking organization pursuant to the Lending Facility (AMLF) that enables ABCP holdings attract leverage and risk- AMLF do not reflect the substantial depository institutions and bank based capital charges under the Board’s protections provided to the organization holding companies to borrow from the regulatory capital rules for state member by the Federal Reserve in connection Federal Reserve Bank of Boston on a banks and bank holding companies. To with the facility. Because of the non- nonrecourse basis if they use the facilitate the AMLF, and for the reasons recourse nature of the Federal Reserve’s proceeds of the loan to purchase certain discussed below, on September 19, credit extension to the banking types of asset-backed commercial paper 2008, the Board adopted, on an interim organization, the organization is not (ABCP) from money market mutual final basis, and requested public exposed to the credit or market risk of funds. To facilitate this Federal Reserve comment on, an exemption from its the ABCP purchased by the organization lending program, the Board of leverage and risk-based capital rules for and pledged to the Federal Reserve. Governors of the Federal Reserve ABCP purchased by a state member Therefore, the Board believes that it is System (Board) also adopted an bank or bank holding company as a appropriate—and consistent with the exemption from its leverage and risk- result of its participation in the facility.2 economic substance of the based capital rules for ABCP held by a Specifically, the interim final rule (i) transactions—not to impose regulatory state member bank or bank holding amended the Board’s risk-based capital capital requirements on the ABCP company as a result of its participation rules for state member banks and bank purchased by a banking organization in in this program. holding companies to assign a zero connection with its service as an DATES: Effective January 30, 2009. percent risk weight to ABCP purchased intermediary in the AMLF. FOR FURTHER INFORMATION CONTACT: by the banking organization as a result Administrative Procedure Act Mark E. Van Der Weide, Assistant of its participation in the facility; and General Counsel, (202) 452–2263, or (ii) amended the Board’s leverage Pursuant to sections 553(d) of the Andrea R. Tokheim, Counsel, (202) 452– capital rules for state member banks and Administrative Procedure Act (5 U.S.C. 2300, Legal Division; Barbara J. bank holding companies to permit § 553(d)), the Board finds that there is Bouchard, Associate Director, (202) banking organizations to exclude from good cause for making the rule effective 452–3072, or Juan C. Climent, Senior average total consolidated assets—the immediately on January 30, 2009. The Supervisory Financial Analyst, (202) denominator of the leverage ratio— Board has adopted the rule in light of, 872–7526, Division of Banking ABCP purchased by the banking and to help address, the continuing Supervision and Regulation. For the unusual and exigent circumstances in hearing impaired only, 1 Board of Governors of the Federal Reserve the financial markets. The rule will Telecommunication Device for the Deaf System (2008), ‘‘Federal Reserve announces the extension of three liquidity facilities through April provide immediate relief to depository (TDD), (202) 263–4869. 30, 2009,’’ press release, December 2. institutions that elect to participate in SUPPLEMENTARY INFORMATION: 2 73 FR 55706 (2008). the AMLF.

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Regulatory Flexibility Act Authority and Issuance pledged by the bank to a Federal ■ Reserve Bank to secure financing from The Regulatory Flexibility Act For the reasons stated in the preamble, the ABCP lending facility (AMLF) requires an agency that is issuing a final the Board of Governors of the Federal established by the Board on September rule to prepare and make available a Reserve System amends parts 208 and 19, 2008. regulatory flexibility analysis that 225 of chapter II of title 12 of the Code describes the impact of the final rule on of Federal Regulations as follows: PART 225—BANK HOLDING small entities. 5 U.S.C. 603(a). The COMPANIES AND CHANGE IN BANK PART 208—MEMBERSHIP OF STATE Regulatory Flexibility Act provides that CONTROL (REGULATION Y) BANKING INSTITUTIONS IN THE an agency is not required to prepare and FEDERAL RESERVE SYSTEM publish a regulatory flexibility analysis ■ 1. The authority citation for part 225 (REGULATION H) if the agency certifies that the final rule continues to read as follows: will not have a significant economic ■ 1. The authority citation for part 208 Authority: 12 U.S.C. 1817(j)(13), 1818, impact on a substantial number of small continues to read as follows: 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), entities. 5 U.S.C. 605(b). Authority: 12 U.S.C. 24, 36, 92a, 93a, 1972(1), 3106, 3108, 3310, 3331–3351, 3907, Pursuant to section 605(b), the Board 248(a), 248(c), 321–338a, 371d, 461, 481–486, and 3909; 15 U.S.C. 6801 and 6805. 601, 611, 1814, 1816, 1818, 1820(d)(9), certifies that this final rule will not have ■ 2. In appendix A to part 225, amend a significant economic impact on a 1823(j), 1828(o), 1831, 1831o, 1831p–1, 1831r–1, 1835a, 1882, 2901–2907, 3105, section III.C.1. by revising the last substantial number of small entities. undesignated paragraph to read as The rule reduces regulatory burden on 3310, 3331–3351, and 3906–3909; 15 U.S.C. 78b, 78l(b), 78l(g), 78l(i), 78o–4(c)(5), 78q, follows: large and small state member banks and 78q–1, and 78w, 6801, and 6805; 31 U.S.C. bank holding companies by granting an 5318; 42 U.S.C. 4012a, 4104a, 4104b, 4106, Appendix A to Part 225—Capital exemption from the leverage and risk- and 4128. Adequacy Guidelines for Bank Holding based capital rules for state member Companies: Risk-Based Measure ■ banks and bank holding companies that 2. In appendix A to part 208, amend section III.C.1. by revising the last * * * * * purchase ABCP from money market III. * * * mutual funds pursuant to the Federal undesignated paragraph to read as Reserve’s ABCP lending program. follows: C. * * * 1. * * * Paperwork Reduction Act Appendix A to Part 208—Capital Adequacy Guidelines for State Member * * * * * In accordance with the Paperwork Banks: Risk-Based Measure This category also includes ABCP (i) Reduction Act (44 U.S.C. 3506; 5 CFR * * * * * purchased by a bank holding company 1320 Appendix A.1), the Board has III. * * * on or after September 19, 2008, from an reviewed the final rule under authority C. * * * SEC-registered open-end investment delegated to the Board by the Office of 1. * * * company that holds itself out as a money market mutual fund under SEC Management and Budget. The rule * * * * * contains no collections of information This category also includes ABCP (i) Rule 2a–7 (17 CFR 270.2a–7) and (ii) pursuant to the Paperwork Reduction purchased on or after September 19, pledged by the bank holding company Act. 2008, by a bank from an SEC-registered to a Federal Reserve Bank to secure financing from the ABCP lending Plain Language open-end investment company that holds itself out as a money market facility (AMLF) established by the Board on September 19, 2008. Section 722 of the Gramm-Leach- mutual fund under SEC Rule 2a–7 (17 Bliley Act requires the Board to use CFR 270.2a–7) and (ii) pledged by the * * * * * ‘‘plain language’’ in all proposed and bank to a Federal Reserve Bank to ■ 3. In appendix D to part 225, amend final rules. In light of this requirement, secure financing from the ABCP lending section II. by revising paragraph d. to the Board has sought to present the final facility (AMLF) established by the Board read as follows: rule in a simple and straightforward on September 19, 2008. Appendix D to Part 225—Capital manner. The Board invited comment on * * * * * whether it could take additional steps to Adequacy Guidelines for Bank Holding ■ 3.In appendix B to part 208, amend Companies: Tier 1 Leverage Measure make the rule easier to understand. The section II. by revising paragraph h. to Board received no comments on this read as follows: * * * * * subject. d. Notwithstanding anything in this Appendix B to Part 208—Capital List of Subjects appendix to the contrary, a bank Adequacy Guidelines for State Member holding company may deduct from its 12 CFR Part 208 Banks: Tier 1 Leverage Measure average total consolidated assets the * * * * * amount of any asset-backed commercial Confidential business information, h. Notwithstanding anything in this paper (i) purchased by the bank holding Crime, Currency, Federal Reserve appendix to the contrary, a bank may company on or after September 19, System, Mortgages, Reporting and deduct from its average total 2008, from an SEC-registered open-end recordkeeping requirements, Securities. consolidated assets the amount of any investment company that holds itself 12 CFR Part 225 asset-backed commercial paper (i) out as a money market mutual fund purchased by the bank on or after under SEC Rule 2a–7 (17 CFR 270.2a– Administrative practice and September 19, 2008, from an SEC- 7) and (ii) pledged by the bank holding procedure, Banks, banking, Federal registered open-end investment company to a Federal Reserve Bank to Reserve System, Holding companies, company that holds itself out as a secure financing from the ABCP lending Reporting and recordkeeping money market mutual fund under SEC facility (AMLF) established by the Board requirements, Securities. Rule 2a–7 (17 CFR 270.2a–7) and (ii) on September 19, 2008.

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By order of the Board of Governors of the through the U.S. tri-party repurchase Federal banking agency, that the bank Federal Reserve System, January 28, 2009. agreement market. may not use this exemption. If the Board Jennifer J. Johnson, The exemption is subject to several believes, after such consultation, that Secretary of the Board. conditions designed to protect the safety the exempt securities financing [FR Doc. E9–2336 Filed 2–5–09; 8:45 am] and soundness of the member bank. transactions pose an unacceptable level BILLING CODE 6210–01–P First, the member bank may use the of risk to the bank, the Board may exemption to finance only those asset withdraw the exemption for the bank or types that the affiliate financed in the may impose supplemental conditions FEDERAL RESERVE SYSTEM U.S. tri-party repurchase agreement on the bank’s use of the exemption. market during the week of September After considering the comments, the 12 CFR Part 223 8–12, 2008. Board has adopted a final rule that is Second, the transactions must be [Regulation W; Docket No. R–1330] identical to the interim final rule, except marked to market daily and subject to that the expiration date has been Transactions Between Member Banks daily margin maintenance requirements, extended. Consistent with its purpose to and Their Affiliates: Exemption for and the member bank must be at least ameliorate potential temporary Certain Securities Financing as over-collateralized in its securities dislocations in the U.S. tri-party Transactions Between a Member Bank financing transactions with the affiliate repurchase agreement market, the and an Affiliate as the affiliate’s clearing bank was in its interim final rule provided that the U.S. tri-party repurchase agreement exemption would expire on January 30, AGENCY: Board of Governors of the transactions with the affiliate on 2009, unless extended by the Board. Federal Reserve System (Board). September 12, 2008. The Board expects Because of ongoing dislocation in the ACTION: Final rule. the member bank and its affiliate to use U.S. tri-party repurchase agreement standard industry documentation for the market, the Board has extended the SUMMARY: In light of the continuing exempt securities financing transactions expiration date of this exemption to unusual and exigent circumstances in (which would, among other things, October 30, 2009. the financial markets, the Board has qualify the transactions as securities The Board notes that any securities adopted a regulatory exemption for contracts or repurchase agreements for financing transactions between the member banks from certain provisions purposes of U.S. bankruptcy law). member bank and an affiliate are subject of section 23A of the Federal Reserve Third, to ensure that member banks to the market terms requirement of Act and the Board’s Regulation W. The use the exemption in a manner section 23B of the Federal Reserve Act exemption increases the capacity of consistent with its purpose—that is, to (12 U.S.C. 371c–1). Section 23B requires member banks, subject to certain help provide liquidity to the U.S. tri- that financial transactions between a conditions designed to help ensure the party repurchase agreement market—the bank and its affiliate be on terms and safety and soundness of the banks, to aggregate risk profile of the exempt under circumstances (including credit enter into securities financing securities financing transactions must standards) that are substantially the transactions with affiliates. be no greater than the aggregate risk same, or at least as favorable to the DATES: Effective January 30, 2009. profile of the affiliate’s U.S. tri-party bank, as those prevailing at the time for repurchase agreement transactions on FOR FURTHER INFORMATION CONTACT: comparable transactions with or September 12, 2008. The exemption, involving nonaffiliates. Among other Mark E. Van Der Weide, Assistant therefore, permits an affiliate to obtain General Counsel, (202) 452–2263 or things, section 23B would require the financing from its affiliated member member bank to apply collateral Andrea R. Tokheim, (202) 452–2300, bank for securities positions that the Legal Division, or Norah M. Barger, haircuts to its affiliated securities affiliate did not own or finance in the financing transaction counterparty that Deputy Director, (202) 452–2402, U.S. tri-party repurchase agreement Division of Banking Supervision and are at least as strict as the bank would market on September 12, 2008, but only apply to comparable unaffiliated Regulation, Board of Governors of the if the new positions in the aggregate do Federal Reserve System, 20th Street and securities financing transaction not increase the overall risk profile of counterparties. Constitution Avenue, NW., Washington, the affiliate’s portfolio. DC 20551. For the deaf, hard of hearing, Fourth, the member bank’s top-tier Administrative Procedure Act and speech impaired only, holding company must guarantee the Pursuant to sections 553 (d) of the teletypewriter (TTY), (202) 263–4869. obligations of the affiliate under the Administrative Procedure Act (5 U.S.C. SUPPLEMENTARY INFORMATION: securities financing transactions (or 553(d)), the Board finds that there is In light of the ongoing dislocations in must provide other security to the bank good cause for making the rule effective the financial markets, and the potential that is acceptable to the Board). Any immediately on January 30, 2009. The impact of such dislocations on the member bank that intends to use a form Board has adopted the rule in light of, functioning of the U.S. tri-party of credit enhancement other than a and to help address, the continuing repurchase agreement market, the Board parent company guarantee must consult unusual and exigent circumstances in adopted on September 14, 2008, on an in advance with Board staff. An the financial markets. The rule will interim basis with request for public example of the type of other security provide immediate relief to participants comment, the following exemption from arrangement that may be acceptable to in the U.S. tri-party repurchase section 23A of the Federal Reserve Act the Board would be a pledge by the agreement market. (12 U.S.C. 371c) and the Board’s affiliate or parent holding company to Regulation W (12 CFR part 223). The the member bank of a sufficient amount Regulatory Flexibility Act exemption is meant to facilitate the of additional liquid, high-quality The Regulatory Flexibility Act ability of an affiliate of a member bank collateral. requires an agency that is issuing a final (such as an SEC-registered broker- Fifth, a member bank may use the rule to prepare and make available a dealer) to obtain financing, if needed, exemption only if the bank has not been regulatory flexibility analysis that for securities or other assets that the specifically informed by the Board, after describes the impact of the final rule on affiliate ordinarily would have financed consultation with the bank’s appropriate small entities. 5 U.S.C. 603(a). The

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Regulatory Flexibility Act provides that (n) Securities financing transactions. By order of the Board of Governors of the an agency is not required to prepare and (1) From September 15, 2008, until Federal Reserve System, January 30, 2009. publish a regulatory flexibility analysis October 30, 2009 (unless further Jennifer J. Johnson, if the agency certifies that the final rule extended by the Board), securities Secretary of the Board. will not have a significant economic financing transactions with an affiliate, [FR Doc. E9–2337 Filed 2–5–09; 8:45 am] impact on a substantial number of small if: BILLING CODE 6210–01–P entities. 5 U.S.C. 605(b). (i) The security or other asset financed Pursuant to section 605(b), the Board by the member bank in the transaction FEDERAL RESERVE SYSTEM certifies that this final rule will not have is of a type that the affiliate financed in a significant economic impact on a the U.S. tri-party repurchase agreement substantial number of small entities. 12 CFR Part 223 market at any time during the week of The rule reduces regulatory burden on September 8–12, 2008; [Regulation W; Docket No. R–1331] large and small insured depository institutions by granting an exemption (ii) The transaction is marked to Transactions Between Member Banks from the Federal transactions with market daily and subject to daily and Their Affiliates: Exemption for affiliates regime for insured depository margin-maintenance requirements, and Certain Purchases of Asset-Backed institutions that engage in securities the member bank is at least as over- Commercial Paper by a Member Bank financing transactions with affiliates. collateralized in the transaction as the From an Affiliate affiliate’s clearing bank was over- Paperwork Reduction Act AGENCY: Board of Governors of the collateralized in comparable Federal Reserve System. In accordance with the Paperwork transactions with the affiliate in the U.S. ACTION: Reduction Act (44 U.S.C. 3506; 5 CFR tri-party repurchase agreement market Final rule. 1320 Appendix A.1), the Board has on September 12, 2008; SUMMARY: To reduce liquidity and other reviewed the final rule under authority (iii) The aggregate risk profile of the strains being experienced by money delegated to the Board by the Office of securities financing transactions under market mutual funds, the Board of Management and Budget. The rule this exemption is no greater than the Governors of the Federal Reserve contains no collections of information aggregate risk profile of the securities System (Board) adopted on September pursuant to the Paperwork Reduction 19, 2008, the Asset-Backed Commercial Act. financing transactions of the affiliate in the U.S. tri-party repurchase agreement Paper Money Market Mutual Fund Plain Language market on September 12, 2008; Lending Facility (AMLF), that enables depository institutions and bank Section 722 of the Gramm-Leach- (iv) The member bank’s top-tier holding companies to borrow from the Bliley Act requires the Board to use holding company guarantees the Federal Reserve Bank of Boston on a ‘‘plain language’’ in all proposed and obligations of the affiliate under the non-recourse basis if they use the final rules. In light of this requirement, securities financing transactions (or proceeds of the loan to purchase certain the Board has sought to present the final provides other security to the bank that types of asset-backed commercial paper rule in a simple and straightforward is acceptable to the Board); and (ABCP) from money market mutual manner. The Board invited comment on (v) The member bank has not been funds. To facilitate use of the AMLF by whether the Board could take additional specifically informed by the Board, after member banks, the Board also has steps to make the rule easier to consultation with the member bank’s adopted regulatory exemptions for understand. The Board received no appropriate Federal banking agency, member banks from certain provisions comments on this subject. that the member bank may not use this of sections 23A and 23B of the Federal List of Subjects in 12 CFR Part 223 exemption. Reserve Act and the Board’s Regulation W. The exemptions increase the (2) For purposes of this exemption: Banks, Banking, Federal Reserve capacity of a member bank to purchase System. (i) Securities financing transaction ABCP from affiliated money market Authority and Issuance means: mutual funds in connection with the (A) A purchase by a member bank AMLF. ■ For the reasons set forth in the from an affiliate of a security or other DATES: Effective January 30, 2009. preamble, Chapter II of Title 12 of the asset, subject to an agreement by the Code of Federal Regulations is amended FOR FURTHER INFORMATION CONTACT: affiliate to repurchase the asset from the as follows: Mark E. Van Der Weide, Assistant member bank; General Counsel, (202) 452–2263, or PART 223—TRANSACTIONS (B) A borrowing of a security by a Andrea R. Tokheim, Counsel, (202) 452– BETWEEN MEMBER BANKS AND member bank from an affiliate on a 2300, Legal Division; or Norah M. THEIR AFFILIATES (REGULATION W) collateralized basis; or Barger, Deputy Director, (202) 452– 2402, Division of Banking Supervision (C) A secured extension of credit by ■ 1. The authority citation for part 223 and Regulation. For the hearing continues to read as follows: a member bank to an affiliate. impaired only, Telecommunication Authority: 12 U.S.C. 371c and 371c–1. (ii) U.S. tri-party repurchase Device for the Deaf (TDD), (202) 263– agreement market means the U.S. 4869. ■ 2. In § 223.42, revise paragraph (n) to market for securities financing SUPPLEMENTARY INFORMATION: read as follows: transactions in which the counterparties In light of the ongoing dislocations in § 223.42 What covered transactions are use custodial arrangements provided by the financial markets, and the impact of exempt from the quantitative limits, JPMorgan Chase Bank or Bank of New such dislocations on the functioning of collateral requirements, and low-quality York or another financial institution the ABCP markets and on the operations asset prohibition? approved by the Board. of money market mutual funds, the * * * * * * * * * * Board adopted the AMLF on September

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19, 2008. Under the facility, depository to provide that the exemptions are Paperwork Reduction Act institutions and bank holding available only for purchases of ABCP In accordance with the Paperwork companies (banking organizations) are where the ABCP is used to secure Reduction Act (44 U.S.C. 3506; 5 CFR able to borrow from the Federal Reserve borrowing from the AMLF. As a result, 1320 Appendix A.1), the Board has Bank of Boston on a non-recourse basis the exemptions effectively will no reviewed the final rule under authority on condition that the organizations use longer be available once the AMLF delegated to the Board by the Office of the proceeds of the Federal Reserve expires. Management and Budget. The rule credit to purchase, at amortized cost, The Board has determined that these contains no collections of information certain highly rated U.S. dollar- exemptions are in the public interest pursuant to the Paperwork Reduction denominated ABCP from money market and consistent with the purposes of Act. mutual funds. The ABCP purchased sections 23A and 23B. The substantial must be used to secure the borrowing protections provided to intermediaries Plain Language from the Reserve Bank. The purpose of by the Federal Reserve in connection Section 722 of the Gramm-Leach- the AMLF is to assist money market with the AMLF largely mitigate the Bliley Act requires the Board to use mutual funds to obtain liquidity by safety-and-soundness concerns that ‘‘plain language’’ in all proposed and enabling them to sell some of their high- sections 23A and 23B were designed to final rules. In light of this requirement, credit-quality secured assets at address. Because Federal Reserve the Board has sought to present the final amortized cost. The AMLF, which was extensions of credit to a member bank rule in a simple and straightforward initially scheduled to expire on January under the AMLF are on a non-recourse manner. The Board invited comment on 31, 2009, has been extended to April 30, basis, the bank should bear no risk of whether it could take additional steps to 2009.1 loss from purchases of ABCP under the make the rule easier to understand. The To facilitate usage of the AMLF, on facility. Therefore, the Board believes Board received no comments on this September 19, 2008, the Board adopted that it is appropriate to exempt a subject. on an interim basis, and requested member bank that serves as an List of Subjects in 12 CFR Part 223 public comment on, exemptions from intermediary in the AMLF from the sections 23A and 23B of the Federal requirements of sections 23A and 23B Banks, Banking, Federal Reserve Reserve Act (12 U.S.C. 371c, 371c–1) and Regulation W. System. and the Board’s Regulation W (12 CFR Authority and Issuance part 223).2 The exemptions were Administrative Procedure Act designed to increase the capacity of a Pursuant to sections 553(d) of the ■ For the reasons set forth in the member bank to purchase ABCP from an Administrative Procedure Act (5 U.S.C. preamble, the Board amends Chapter II affiliated money market mutual fund in 553(d)), the Board finds that there is of Title 12 of the Code of Federal connection with the AMLF. Under the good cause for making the rule effective Regulations as follows: final rule, a member bank may use the immediately on January 30, 2009. The exemptions only if the bank has not Board has adopted the rule in light of, PART 223—TRANSACTIONS been specifically informed by the Board, and to help address, the continuing BETWEEN MEMBER BANKS AND after consultation with the bank’s unusual and exigent circumstances in THEIR AFFILIATES (REGULATION W) appropriate Federal banking agency, the financial markets. The rule will ■ 1. The authority citation for part 223 that the bank may not use these provide immediate relief to depository continues to read as follows: exemptions. If the Board believes, after institutions that elect to participate in Authority: 12 U.S.C. 371c and 371c–1. such consultation, that use of the the ABCP Lending Facility. exemptions would not be appropriate ■ 2. In § 223.42, revise paragraph (o) to for the member bank, the Board may Regulatory Flexibility Act read as follows: withdraw the exemptions for the bank The Regulatory Flexibility Act or may impose supplemental conditions § 223.42 What covered transactions are requires an agency that is issuing a final exempt from the quantitative limits, on the bank’s use of the exemptions. rule to prepare and make available a collateral requirements, and low-quality After considering the comments, the regulatory flexibility analysis that asset prohibition? Board has adopted a final rule that is describes the impact of the final rule on * * * * * largely identical to the interim final rule small entities. 5 U.S.C. 603(a). The (o) Purchases of certain asset-backed but includes minor changes to reflect Regulatory Flexibility Act provides that commercial paper. Purchases of asset- the extended duration of the AMLF. The an agency is not required to prepare and backed commercial paper from an interim final rule provided that the publish a regulatory flexibility analysis affiliated SEC-registered open-end exemptions applied only to purchases of if the agency certifies that the final rule investment company that holds itself ABCP from an affiliated SEC-registered will not have a significant economic out as a money market mutual fund open-end investment company that impact on a substantial number of small under SEC Rule 2a–7 (17 CFR 270.2a– holds itself out as a money market entities. 5 U.S.C. 605(b). 7), if the member bank: mutual fund under SEC Rule 2a–7 (17 Pursuant to section 605(b), the Board (1) Purchases the asset-backed CFR 270.2a–7) between September 19, certifies that this final rule will not have commercial paper on or after September 2008, and January 30, 2009. This a significant economic impact on a 19, 2008; timeframe coincided with the dates of substantial number of small entities. (2) Pledges the asset-backed the AMLF. In the final rule, the date The rule reduces regulatory burden on commercial paper to a Federal Reserve range for eligible ABCP purchases has large and small insured depository Bank to secure financing from the asset- been eliminated, but the rule continues institutions by granting exemptions backed commercial paper lending from the Federal transactions with facility (AMLF) established by the Board 1 Board of Governors of the Federal Reserve affiliates regime for insured depository on September 19, 2008; and System (2008), ‘‘Federal Reserve announces the extension of three liquidity facilities through April institutions that purchase ABCP from (3) Has not been specifically informed 30, 2009,’’ press release, December 2, 2008. affiliated money market mutual funds by the Board, after consultation with the 2 73 FR 55708. pursuant to the AMLF. member bank’s appropriate Federal

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banking agency, that the member bank procedures to be fully in place to DEPARTMENT OF HOMELAND may not use this exemption. implement effectively the new OPPS SECURITY ■ 3. Revise § 223.56 to read as follows: payments, TRICARE’s OPPS will begin to apply to health care services provided Coast Guard § 223.56 What transactions are exempt on or after May 1, 2009. In the from the market-terms requirement of 33 CFR Part 117 section 23B? meantime, a memorandum of January 20, 2009, from the Assistant to the The following transactions are exempt [Docket No. USCG–2008–1263] President and Chief of Staff, entitled from the market-terms requirement of Drawbridge Operation Regulation; § 223.51. ‘‘Regulatory Review,’’ published in the Federal Register on January 26, 2009, Bayou Lacarpe, Mile 7.5, at Houma, (a) Purchases of certain asset-backed Lafourche Parish, LA commercial paper. Purchases of asset- calls for agencies to consider delaying backed commercial paper from an effective dates of rules not yet effective AGENCY: Coast Guard, DHS. affiliated SEC-registered open-end and inviting new public comment. In ACTION: Notice of temporary deviation investment company that holds itself view of both of these developments, the from regulations. out as a money market mutual fund Department is delaying the effective under SEC Rule 2a–7 (17 CFR 270.2a– date of TRICARE’s OPPS until May 1, SUMMARY: The Commander, Eighth 7), if the member bank: 2009, and is inviting additional public Coast Guard District, has issued a (1) Purchases the asset-backed comment on the final rule. Any timely temporary deviation from the regulation commercial paper on or after September public comments received will be governing the operation of the SR 661 19, 2008; considered and any changes to the final Vertical Lift Bridge across Bayou (2) Pledges the asset-backed rule will be published in the Federal Lacarpe, mile 7.5, at Houma, Lafourche commercial paper to a Federal Reserve Register. Parish, Louisiana. The deviation is Bank to secure financing from the asset- necessary to replace all the wire ropes backed commercial paper lending DATES: The effective date of the OPPS used to lift the movable span of the facility (AMLF) established by the Board final rule published December 10, 2008 bridge. This deviation allows the bridge on September 19, 2008; and (73 FR 74945) is delayed until May 1, to remain closed during daytime hours (3) Has not been specifically informed 2009. Comments must be received on or and requires an advance notice for by the Board, after consultation with the before March 9, 2009. openings during the nighttime. member bank’s appropriate Federal DATES: This deviation is effective from ADDRESSES: You may submit comments, banking agency, that the member bank 9 a.m. on January 31, 2009 through 5 may not use this exemption. identified by docket number and/or p.m. on February 14, 2009. Regulatory Information Number (RIN) (b) [Reserved]. ADDRESSES: Documents indicated in this and title, by either of the following By order of the Board of Governors of the preamble as being available in the methods: Federal Reserve System, January 30, 2009. docket are part of docket USCG–2008– Jennifer J. Johnson, • Federal eRulemaking Portal: http:// 1263 and are available online at Secretary of the Board. www.regulations.gov. Follow the www.regulations.gov. They are also [FR Doc. E9–2338 Filed 2–5–09; 8:45 am] instructions for submitting comments. available for inspection or copying at BILLING CODE 6210–01–P • Mail: Federal Docket Management two locations: the Docket Management System Office, 1160 Defense Pentagon, Facility (M–30), U.S. Department of Washington, DC 20301–1160. Transportation, West Building Ground DEPARTMENT OF DEFENSE Floor, Room W12–140, 1200 New Jersey Instructions: All submissions received Avenue, SE., Washington, DC 20590, Office of the Secretary must include the agency name and between 9 a.m. and 5 p.m., Monday docket number or RIN for this Federal through Friday, except Federal holidays, 32 CFR Part 199 Register document. The general policy and the Eighth Coast Guard District, for comments and other submissions Bridge Administration Branch, Hale [DOD–2007–HA–0048] from members of the public is to make Boggs Federal Building, Room 1313, 500 RIN 0720–AB19 these submissions available for public Poydras Street, New Orleans, Louisiana viewing on the Internet at http:// 70130–3310 between 7 a.m. and 3 p.m., TRICARE; Hospital Outpatient regulations.gov as they are received Monday through Friday, except Federal Prospective Payment System (OPPS): without change, including any personal holidays. Delay of Effective Date and Additional identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Bart Opportunity for Public Comment Marcules, Bridge Administration FOR FURTHER INFORMATION CONTACT: Branch, telephone (504) 671–2128. AGENCY: Office of the Secretary, David E. Bennett or Martha M. Maxey, SUPPLEMENTARY INFORMATION: Louisiana Department of Defense. TRICARE Management Activity, ACTION: Final rule; delay of effective Department of Transportation and Medical Benefits and Reimbursement Development has requested a temporary date and opportunity for public Branch, telephone (303) 676–3494 or comment. deviation from the operating schedule of (303) 676–3627. the State Route 661 Vertical Lift Bridge SUMMARY: On December 10, 2008, DoD Dated: February 3, 2009. across Bayou Lacarpe, mile 7.5, at published a final rule implementing the Patricia L. Toppings, Houma, Lafourche Parish, Louisiana. TRICARE Hospital Outpatient OSD Federal Register Liaison Officer, The vertical clearance in the closed Prospective Payment System (OPPS), Department of Defense. position is 3 feet, thus most vessels will with an effective date of February 9, [FR Doc. E9–2562 Filed 2–5–09; 8:45 am] not be able to pass underneath this 2009 (73 FR 74945). Since that date, bridge in the closed-to-navigation DoD has determined that in order for BILLING CODE 5001–06–P position. There may be times, during the administrative claims processing closure period, when the draw will not

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be able to open for emergencies. The ADDRESSES: Documents indicated in this DEPARTMENT OF HOMELAND bridge normally operates in accordance preamble as being available in the SECURITY with 33 CFR 117.460 on signal with at docket are part of docket USCG–2009– least a four hour advance notice except 0023 and are available online at Coast Guard that it need not open on weekdays http://www.regulations.gov. They are except holidays from 7 a.m. to 8:30 a.m. also available for inspection or copying 33 CFR Part 117 and 4:30 p.m. to 6 p.m. This deviation at two locations: the Docket [Docket No. USCG–2009–0022] will allow the bridge to remain in the Management Facility (M–30), U.S. closed-to-navigation position from 9 Department of Transportation, West Drawbridge Operation Regulations; a.m. to 6 p.m. and will open on signal Building Ground Floor, Room W12–140, Cedar Creek, Cedar Beach, DE if at least 24 hour notice is given from 1200 New Jersey Avenue, SE., AGENCY: Coast Guard, DHS. 6 p.m. to 9 a.m. starting January 31, Washington, DC 20590, between 9 a.m. 2009 through February 14, 2009. During ACTION: Notice of temporary deviation and 5 p.m., Monday through Friday, the closure periods the wire ropes used from regulations. except Federal holidays, and the for lifting the movable span will all be SUMMARY: changed. Navigation on the waterway Commander (dpb), Fifth Coast Guard The Commander, Fifth Coast consists of tugs with tows, fishing District, Federal Building, 1st Floor, 431 Guard District, has approved a vessels and recreational craft. Due to Crawford Street, Portsmouth, VA temporary deviation from the prior experience, as well as 23704–5004 between 8 a.m. and 4 p.m., regulations governing the operation of coordination with waterway users, and Monday through Friday, except Federal the SR 36 Bridge, at mile 0.5, across an alternate route, it has been holidays. Cedar Creek, in Cedar Beach, Delaware. determined that this closure will not Under this temporary deviation, the FOR FURTHER INFORMATION CONTACT: Mr. drawbridge will be allowed to operate have a significant effect on these Waverly W. Gregory, Jr., Bridge vessels. on an advance notice basis on particular Administrator, Fifth Coast Guard dates and times. The deviation is In accordance with 33 CFR 117.35(e), District, at (757) 398–6222. necessary to perform inspections of the the drawbridge must return to its regular electrical and mechanical systems. operating schedule immediately at the SUPPLEMENTARY INFORMATION: Hardesty end of the designated time period. This and Hanover LLP Engineering, on behalf DATES: This deviation is effective from deviation from the operating regulations of the Delaware Department of 8 a.m. on February 5, 2009, to 5 p.m. on is authorized under 33 CFR 117.35. Transportation (who owns and operates April 3, 2009. ADDRESSES: Documents indicated in this Dated: January 12, 2009. this swing-type drawbridge) requested a preamble as being available in the David M. Frank, temporary deviation from the current operating schedule to perform docket are part of docket USCG–2009– Bridge Administrator. 0022 and are available online at [FR Doc. E9–2492 Filed 2–5–09; 8:45 am] inspections of the electrical and mechanical systems. www.regulations.gov. They are also BILLING CODE 4910–15–P available for inspection or copying at The SR 13 Bridge, at mile 39.6, across two locations: The Docket Management Nanticoke River in Seaford, DE, has a Facility (M–30), U.S. Department of DEPARTMENT OF HOMELAND vertical clearance of three feet, above Transportation, West Building Ground SECURITY mean high water in the closed-to- Floor, Room W12–140, 1200 New Jersey navigation position. The existing Coast Guard Avenue, SE., Washington, DC 20590, regulation is listed at 33 CFR 117.243(b). between 9 a.m. and 5 p.m., Monday 33 CFR Part 117 Vessel openings will be provided each through Friday, except Federal holidays, day from 8 a.m. to 5 p.m. on February and the Commander (dpb), Fifth Coast Guard District, Federal Building, 1st [Docket No. USCG–2009–0023] 6, 2009, and from April 27 to May 1, 2009, if at least two hours notice is Floor, 431 Crawford Street, Portsmouth, VA 23704–5004 between 8 a.m. and 4 Drawbridge Operation Regulations; given. p.m., Monday through Friday, except Nanticoke River, Seaford, DE The Coast Guard will inform the users Federal holidays. of the waterway through our Local and AGENCY: Coast Guard, DHS. FOR FURTHER INFORMATION CONTACT: Mr. Broadcast Notices to Mariners of the ACTION: Notice of temporary deviation Waverly W. Gregory, Jr., Bridge opening restrictions of the draw span to from regulations. Administrator, Fifth Coast Guard minimize transiting delays caused by District, at (757) 398–6222. the temporary deviation. SUMMARY: The Commander, Fifth Coast SUPPLEMENTARY INFORMATION: Hardesty Guard District, has approved a In accordance with 33 CFR 117.35(e), and Hanover LLP Engineering, on behalf temporary deviation from the the drawbridge must return to its regular of the Delaware Department of regulations governing the operation of operating schedule immediately at the Transportation (who owns and operates the SR 13 Bridge, at mile 39.6, across end of the designated time period. This this swing-type drawbridge) requested a Nanticoke River, in Seaford, Delaware. deviation from the operating regulations temporary deviation from the current Under this temporary deviation, the is authorized under 33 CFR 117.35. operating schedule to perform drawbridge will be allowed to operate inspections of the electrical and Dated: January 21, 2009. on an advance notice basis on particular mechanical systems. dates and times. The deviation is Waverly W. Gregory, Jr., The SR 36 Bridge, at mile 0.5, across necessary to perform inspections of the Chief, Bridge Administration Branch Fifth Cedar Creek in Cedar Beach, DE, has a electrical and mechanical systems. Coast Guard District. vertical clearance of two feet, above DATES: This deviation is effective from [FR Doc. E9–2499 Filed 2–5–09; 8:45 am] mean high water, in the closed-to- 8 a.m. on February 6, 2009, to 5 p.m. on BILLING CODE 4910–15–P navigation position. The existing May 1, 2009. regulation is listed at 33 CFR 117.234.

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Vessel openings will be provided each to the Competitive Product List.1 The projections, should remain confidential. day from 8 a.m. to 5 p.m. on February Postal Service asserts that the Express Id. at 2–3. It further believes that it 5, 2009, and from April 1 to April 3, Mail Contract 3 product is a competitive would be inappropriate in this case to 2009, if at least two hours’ notice is product ‘‘not of general applicability’’ redact information through the given. within the meaning of 39 U.S.C. ‘‘blackout’’ method since it could The Coast Guard will inform the users 3632(b)(3). This Request has been provide information or clues about the of the waterway through our Local and assigned Docket No. MC2009–15. name of the customer, the length and Broadcast Notices to Mariners of the The Postal Service breadth of price charts, the complexity opening restrictions of the draw span to contemporaneously filed a contract of annual adjustment mechanisms, or minimize transiting delays caused by related to the proposed new product other similar sensitive information. the temporary deviation. pursuant to 39 U.S.C. 3632(b)(3) and 39 Accordingly, it redacts the sensitive In accordance with 33 CFR 117.35(e), CFR 3015.5. The contract has been information using ellipses. Id. at 3. the drawbridge must return to its regular assigned Docket No. CP2009–21. In Order No. 165, the Commission operating schedule immediately at the In support of its Request, the Postal gave notice of the two dockets, end of the designated time period. This Service filed the following materials: (1) appointed a public representative, and deviation from the operating regulations A redacted version of the Governors’ provided the public with an opportunity is authorized under 33 CFR 117.35. Decision authorizing the new product to comment.7 which also includes an analysis of Dated: January 21, 2009. Express Mail Contract 3 and II. Comments Waverly W. Gregory, Jr., certification of the Governors’ vote; 2 (2) Comments were filed by the Public Chief, Bridge Administration Branch, Fifth a redacted version of the contract Representative.8 No filings were Coast Guard District. which, among other things, provides submitted by other interested parties. [FR Doc. E9–2498 Filed 2–5–09; 8:45 am] that the contract will expire 1 year from The Public Representative states that the BILLING CODE 4910–15–P the effective date, which is proposed to Postal Service’s filing complies with be the day the Commission issues all applicable Commission rules of practice regulatory approvals; 3 (3) requested and procedure, and concludes that the changes in the Mail Classification Express Mail Contract 3 agreement 4 POSTAL REGULATORY COMMISSION Schedule product list; (4) a Statement comports with the requirements of title of Supporting Justification as required 39. Public Representative Comments at 39 CFR Part 3020 5 by 39 CFR 3020.32; and (5) 4. He further states that the agreement certification of compliance with 39 appears beneficial to the general public. 6 [Docket Nos. MC2009–15 and CP2009–21; U.S.C. 3633(a). Id. at 1. He notes that the Postal Service Order No. 176] In the Statement of Supporting redacted information using ellipses Justification, Kim Parks, Manager, Sales New Domestic Mail Product rather than by the ‘‘blackout’’ method and Communications, Expedited because the blackout method might Shipping, asserts that the service to be AGENCY: Postal Regulatory Commission. provide information or clues regarding provided under the contract will cover the name of the customer, the length ACTION: Final rule. its attributable costs, make a positive and breadth of the price charts, the contribution to coverage of institutional SUMMARY: The Commission is adding complexity of annual adjustment costs, and will increase contribution mechanisms, or other similar sensitive Express Mail Contract 3 to the toward the requisite 5.5 percent of the information. He believes that in this Competitive Product List. This action is Postal Service’s total institutional costs. case the increased care might be consistent with changes in a recent law Request, Attachment D, at 1. W. Ashley warranted, but suggests that the governing postal operations and a recent Lyons, Manager, Corporate Financial Commission address this issue in its Postal Service request. Republication of Planning, Finance Department, certifies the lists of market dominant and that the contract complies with 39 forthcoming rules regarding treatment of competitive products is also consistent U.S.C. 3633(a). See id. Attachment E. confidential information in Docket No. with new requirements in the law. The Postal Service filed much of the RM2008–1. DATES: Effective February 6, 2009, and supporting materials, including the III. Commission Analysis is applicable beginning January 27, unredacted Governors’ Decision and the 2009. unredacted Express Mail Contract 3, The Commission has reviewed the under seal. In its Request, the Postal Request, the contract, the financial FOR FURTHER INFORMATION CONTACT: analysis provided under seal that Stephen L. Sharfman, General Counsel, Service maintains that the contract and related financial information, including accompanies it, and the comments filed 202–789–6820 and by the Public Representative. [email protected]. the customer’s name and the accompanying analyses that provide Statutory requirements. The SUPPLEMENTARY INFORMATION: Regulatory prices, terms, conditions, and financial Commission’s statutory responsibilities History, 74 FR 1262 (January 12, 2009). in this instance entail assigning Express The Postal Service seeks to add a new 1 Request of the United States Postal Service to Mail Contract 3 to either the Market product identified as Express Mail Add Express Mail Contract 3 to Competitive Dominant Product List or to the Contract 3 to the Competitive Product Product List and Notice of Establishment of Rates Competitive Product List. 39 U.S.C. and Class Not of General Applicability, December List. For the reasons discussed below, 31, 2008 (Request). 7 PRC Order No. 165, Notice and Order the Commission approves the Request. 2 Attachment A to the Request. The analysis that Concerning Express Mail Contract 3 Negotiated accompanies the Governors’ Decision notes, among I. Background Service Agreement, January 5, 2009 (Order No. other things, that the contract is not risk free, but 165). concludes that the risks are manageable. On December 31, 2008, the Postal 8 Public Representative Comments in Response to 3 Attachment B to the Request. Service filed a formal request pursuant United States Postal Service Request to Add 4 Attachment C to the Request. Express Mail Contract 3 to Competitive Product to 39 U.S.C. 3642 and 39 CFR 3020.30 5 Attachment D to the Request. List, January 15, 2009 (Public Representative et seq. to add Express Mail Contract 3 6 Attachment E to the Request. Comments).

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3642. As part of this responsibility, the a competitive product and should be information submitted and can cause Commission also reviews the proposal added to the Competitive Product List. harm to the Postal Service.9 for compliance with the Postal Cost considerations. The Postal Other considerations. The Postal Accountability and Enhancement Act Service’s financial analysis shows that Service shall promptly notify the (PAEA) requirements. This includes, for Express Mail Contract 3 results in cost Commission of the scheduled proposed competitive products, a savings while ensuring that the contract termination date of the agreement. If the review of the provisions applicable to covers its attributable costs, does not agreement terminates earlier than rates for competitive products. 39 U.S.C. result in subsidization of competitive anticipated, the Postal Service shall 3633. products by market dominant products, inform the Commission prior to the new Product list assignment. In and increases contribution from termination date. The Commission will determining whether to assign Express competitive products. The contract is then remove the product from the Mail Mail Contract 3 as a product to the predicated on unit costs for major mail Classification Schedule at the earliest Market Dominant Product List or the functions, e.g., window service, mail possible opportunity. Competitive Product List, the processing, and transportation, based on In conclusion, the Commission Commission must consider whether the shipper’s mail characteristics. approves Express Mail Contract 3 as a the Postal Service exercises sufficient market The Commission notes that in new product. The revision to the power that it can effectively set the price of evaluating costs under a prospective Competitive Product List is shown such product substantially above costs, raise contract compared to the average, the below the signature of this Order and is prices significantly, decrease quality, or Postal Service should take into account effective upon issuance of this order. decrease output, without risk of losing a all departures from average cost that significant level of business to other firms IV. Ordering Paragraphs offering similar products. may be due to services provided under the contract. The failure to do so, while It is Ordered: 39 U.S.C. 3642(b)(1). If so, the product having no material effect on the 1. Express Mail Contract 3 (MC2009– will be categorized as market dominant. underlying financial analysis of the 15 and CP2009–21) is added to the The competitive category of products contract in this instance, hampers the Competitive Product List as a new shall consist of all other products. timely review of the Postal Service’s product under Negotiated Service The Commission is further required to financial analysis. See PRC Order No. Agreements, Domestic. consider the availability and nature of 138, November 20, 2008, at 6–7. 2. The Postal Service shall notify the enterprises in the private sector engaged Based on the data submitted, the Commission of the scheduled in the delivery of the product, the views Commission finds that Express Mail termination date, and update the of those who use the product, and the Contract 3 should cover its attributable Commission if the termination date likely impact on small business costs (39 U.S.C. 3633(a)(2)), should not changes for either contract as discussed concerns. 39 U.S.C. 3642(b)(3). lead to the subsidization of competitive in this order. The Postal Service asserts that its products by market dominant products 3. The Secretary shall arrange for the bargaining position is constrained by (39 U.S.C. 3633(a)(1)), and should have the existence of other shippers who can publication of this order in the Federal a positive effect on competitive Register. provide similar services, thus products’ contribution to institutional precluding it from taking unilateral costs (39 U.S.C. 3633(a)(3)). Thus, an List of Subjects in 39 CFR Part 3020 action to increase prices without the initial review of the proposed Express risk of losing volume to private Administrative practice and Mail Contract 3 indicates that it procedure, Postal Service. companies. Request, Attachment D, comports with the provisions applicable para. (d). The Postal Service also to rates for competitive products. Dated: January 27, 2009. contends that it may not decrease By the Commission. quality or output without risking the Redactions. The Public Representative helpfully suggests that Steven W. Williams, loss of business to competitors that offer Secretary. similar expedited delivery services. Id. the Postal Service’s method to redact It further states that the contract partner certain sensitive information could be ■ For the reasons stated in the preamble, supports the addition of the contract to addressed in more detail in Docket No. under the authority at 39 U.S.C. 503, the the Competitive Product List to RM2008–1. It is the Commission’s Postal Regulatory Commission amends effectuate the negotiated contractual understanding that the Postal Service 39 CFR part 3020 as follows: terms. Id. at para. (g). Finally, the Postal now has the technology to use Service states that the market for graphical, black box redaction methods. PART 3020—PRODUCT LISTS expedited delivery services is highly See Dockets No. MC2009–6 and CP2009–7, Public Representative ■ 1. The authority citation for part 3020 competitive and requires a substantial continues to read as follows: infrastructure to support a national Comments in Response to Order No. network. It indicates that large carriers 125, November 10, 2008 at 10. Graphical Authority: 39 U.S.C. 503; 3622; 3631; 3642; serve this market. Accordingly, the redactions (as opposed to ellipses) are 3682. Postal Service states that it is unaware the most easily understandable form of redaction. ■ 2. Revise Appendix A to subpart A of of any small business concerns that part 3020—Mail Classification Schedule As a general matter, it is not apparent could offer comparable service for this to read as follows: customer. Id. at para. (h). how graphical redaction methods could have resulted in harm to the Postal No commenter opposes the proposed 9 In this case, for example, the Postal Service classification of Express Mail Contract 3 Service. If, nonetheless, the Postal states that the use of graphical redactions could as competitive. Having considered the Service chooses to use ellipses, it provide information or clues on (1) the name of the statutory requirements and the support should more fully justify (under seal if customer; (2) the length and breadth of price charts; necessary) the use of that method, (3) the complexity of the annual adjustment offered by the Postal Service, the mechanisms; and (4) other similar sensitive Commission finds that Express Mail including how graphical redactions information. Request at 3. It offers no support for Contract 3 is appropriately classified as compromise the confidentiality of the its position.

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APPENDIX A TO SUBPART A OF High Density and Saturation Letters Premium Stamped Cards SUBPART A OF PART 3020—MAIL [Reserved for Product Description] [Reserved for Product Description] CLASSIFICATION SCHEDULE High Density and Saturation Flats/Parcels International Ancillary Services [Reserved for Product Description] [Reserved for Product Description] Part A—Market Dominant Products Carrier Route International Certificate of Mailing [Reserved for Product Description] [Reserved for Product Description] 1000 Market Dominant Product List Letters International Registered Mail First-Class Mail [Reserved for Product Description] [Reserved for Product Description] Single-Piece Letters/Postcards Flats International Return Receipt Bulk Letters/Postcards [Reserved for Product Description] [Reserved for Product Description] Flats Not Flat-Machinables (NFMs)/Parcels International Restricted Delivery Parcels [Reserved for Product Description] [Reserved for Product Description] Outbound Single-Piece First-Class Mail Periodicals Address List Services International [Reserved for Class Description] [Reserved for Product Description] Inbound Single-Piece First-Class Mail Within County Periodicals Caller Service International [Reserved for Product Description] [Reserved for Product Description] Standard Mail (Regular and Nonprofit) Outside County Periodicals Change-of-Address Credit Card High Density and Saturation Letters [Reserved for Product Description] Authentication High Density and Saturation Flats/Parcels Package Services [Reserved for Product Description] Carrier Route [Reserved for Class Description] Confirm Letters Single-Piece Parcel Post [Reserved for Product Description] Flats [Reserved for Product Description] International Reply Coupon Service Not Flat-Machinables (NFMs)/Parcels Inbound Surface Parcel Post (at UPU rates) [Reserved for Product Description] Periodicals [Reserved for Product Description] International Business Reply Mail Service Within County Periodicals Bound Printed Matter Flats [Reserved for Product Description] Outside County Periodicals [Reserved for Product Description] Money Orders Package Services Bound Printed Matter Parcels [Reserved for Product Description] Single-Piece Parcel Post [Reserved for Product Description] Post Office Box Service Inbound Surface Parcel Post (at UPU rates) Media Mail/Library Mail [Reserved for Product Description] Bound Printed Matter Flats [Reserved for Product Description] Negotiated Service Agreements Bound Printed Matter Parcels Special Services [Reserved for Class Description] Media Mail/Library Mail [Reserved for Class Description] HSBC North America Holdings Inc. Special Services Ancillary Services Negotiated Service Agreement Ancillary Services [Reserved for Product Description] [Reserved for Product Description] International Ancillary Services Address Correction Service Bookspan Negotiated Service Agreement Address List Services [Reserved for Product Description] [Reserved for Product Description] Caller Service Applications and Mailing Permits Bank of America Corporation Negotiated Change-of-Address Credit Card [Reserved for Product Description] Service Agreement Authentication Business Reply Mail The Bradford Group Negotiated Service Confirm [Reserved for Product Description] Agreement International Reply Coupon Service Bulk Parcel Return Service Part B—Competitive Products International Business Reply Mail Service [Reserved for Product Description] Competitive Product List Money Orders Certified Mail Express Mail Post Office Box Service [Reserved for Product Description] Express Mail Negotiated Service Agreements Certificate of Mailing Outbound International Expedited Services HSBC North America Holdings Inc. [Reserved for Product Description] Inbound International Expedited Services Negotiated Service Agreement Collect on Delivery Inbound International Expedited Services 1 Bookspan Negotiated Service Agreement [Reserved for Product Description] (CP2008–7) Bank of America Corporation Negotiated Delivery Confirmation Inbound International Expedited Services 2 Service Agreement [Reserved for Product Description] (MC2009–10 and CP2009–12) The Bradford Group Negotiated Service Insurance Priority Mail Agreement [Reserved for Product Description] Priority Mail Inbound International Merchandise Return Service Outbound Priority Mail International Canada Post—United States Postal Service [Reserved for Product Description] Inbound Air Parcel Post Contractual Bilateral Agreement for Parcel Airlift (PAL) Parcel Select Inbound [Reserved for Product Description] Parcel Return Service Market Dominant Services Registered Mail International Market Dominant Product Descriptions [Reserved for Product Description] International Priority Airlift (IPA) First-Class Mail Return Receipt International Surface Airlift (ISAL) [Reserved for Class Description] [Reserved for Product Description] International Direct Sacks—M-Bags Single-Piece Letters/Postcards Return Receipt for Merchandise Global Customized Shipping Services [Reserved for Product Description] [Reserved for Product Description] Inbound Surface Parcel Post (at non-UPU Bulk Letters/Postcards Restricted Delivery rates) [Reserved for Product Description] [Reserved for Product Description] Canada Post—United States Postal Service Flats Shipper-Paid Forwarding Contractual Bilateral Agreement for [Reserved for Product Description] [Reserved for Product Description] Inbound Competitive Services (MC2009– Parcels Signature Confirmation 8 and CP2009–9) [Reserved for Product Description] [Reserved for Product Description] International Money Transfer Service Outbound Single-Piece First-Class Mail Special Handling International Ancillary Services International [Reserved for Product Description] Special Services [Reserved for Product Description] Stamped Envelopes Premium Forwarding Service Inbound Single-Piece First-Class Mail [Reserved for Product Description] Negotiated Service Agreements International Stamped Cards Domestic [Reserved for Product Description] [Reserved for Product Description] Express Mail Contract 1 (MC2008–5) Standard Mail (Regular and Nonprofit) Premium Stamped Stationery Express Mail Contract 2 (MC2009–3 and [Reserved for Class Description] [Reserved for Product Description] CP2009–4)

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Express Mail Contract 3 (MC2009–15 and International Return Receipt withdrawal of such portions of the CP2009–21) [Reserved for Product Description] direct final rule in the Federal Register. Express Mail & Priority Mail Contract 1 International Restricted Delivery We subsequently received an adverse (MC2009–6 and CP2009–7) [Reserved for Product Description] comment on the following provision: Express Mail & Priority Mail Contract 2 International Insurance (MC2009–12 and CP2009–14) [Reserved for Product Description] The amendments to 40 CFR Express Mail & Priority Mail Contract 3 Negotiated Service Agreements 80.46(b)(2)(i) to allow ASTM D6550 as (MC2009–13 and CP2009–17) [Reserved for Group Description] an alternative test method for olefins in Parcel Return Service Contract 1 (MC2009– Domestic gasoline. Because EPA received an 1 and CP2009–2) [Reserved for Product Description] adverse comment, we are withdrawing Priority Mail Contract 1 (MC2008–8 and Outbound International this provision, as well as 40 CFR CP2008–26) [Reserved for Group Description] 80.46(h)(1)(iii) which incorporates Priority Mail Contract 2 (MC2009–2 and Part C—Glossary of Terms and Conditions ASTM D6550 by reference. CP2009–3) [Reserved] Priority Mail Contract 3 (MC2009–4 and EPA published a parallel proposed CP2009–5) Part D—Country Price Lists for International rule on the same day as the direct final Priority Mail Contract 4 (MC2009–5 and Mail [Reserved] rule. The proposed rule invited CP2009–6) comment on the substance of the direct Outbound International [FR Doc. E9–2487 Filed 2–5–09; 8:45 am] final rule. We will address the comment Global Direct Contracts (MC2009–9, BILLING CODE 7710–FW–P received on the portions of the direct CP2009–10, and CP2009–11) final rule being withdrawn today in a Global Expedited Package Services (GEPS) subsequent final action based on the Contracts ENVIRONMENTAL PROTECTION parallel proposed rule also published on GEPS 1 (CP2008–5, CP2008–11, CP2008– AGENCY 12, and CP2008–13, CP2008–18, December 8, 2008 (73 FR 74403). The provisions for which we did not receive CP2008–19, CP2008–20, CP2008–21, 40 CFR Part 80 CP2008–22, CP2008–23, and CP2008–24) adverse comment will become effective Global Plus Contracts [EPA–HQ–OAR–2008–0558; FRL–8771–6] on February 6, 2009, as provided in the Global Plus 1 (CP2008–9 and CP2008–10) December 8, 2008, direct final rule. Global Plus 2 (MC2008–7, CP2008–16 and RIN 2060–AP17 Dated: February 2, 2009. CP2008–17) Inbound Direct Entry Contracts with Regulation of Fuels and Fuel Lisa P. Jackson, Foreign Postal Administrations Additives: Gasoline and Diesel Fuel Administrator. (MC2008–6, CP2008–14 and CP2008–15) Test Methods ■ Accordingly, the amendments to 40 Competitive Product Descriptions CFR 80.46(b)(2)(i) and 40 CFR Express Mail AGENCY: Environmental Protection [Reserved for Group Description] Agency (EPA). 80.46(h)(1)(iii) published at 73 FR 74350 Express Mail ACTION: Partial Withdrawal of Direct on December 8, 2008 are withdrawn and [Reserved for Product Description] Final Rule. reserved as of February 6, 2009. Outbound International Expedited Services [FR Doc. E9–2560 Filed 2–5–09; 8:45 am] [Reserved for Product Description] SUMMARY: Because EPA received BILLING CODE 6560–50–P Inbound International Expedited Services adverse comment, we are withdrawing [Reserved for Product Description] the provision for the allowance of an Priority alternative test method for olefins in FEDERAL COMMUNICATIONS [Reserved for Product Description] gasoline of the direct final, published on Priority Mail COMMISSION [Reserved for Product Description] December 8, 2008. Outbound Priority Mail International DATES: Effective February 6, 2009, EPA 47 CFR Part 73 [Reserved for Product Description] withdraws the amendments to 40 CFR Inbound Air Parcel Post 80.46(b)(2)(i) and 40 CFR 80.46(h)(1)(iii) [DA 09–172; MB Docket No. 08–230; RM– 11504] [Reserved for Product Description] published at 73 FR 74350 on December Parcel Select 8, 2008. [Reserved for Group Description] Television Broadcasting Services; Parcel Return Service FOR FURTHER INFORMATION CONTACT: Joe Montgomery, AL [Reserved for Group Description] Sopata, Transportation and Regional AGENCY: Federal Communications International Programs Division, Office of [Reserved for Group Description] Transportation and Air Quality (Mail Commission. International Priority Airlift (IPA) Code: 6406J), Environmental Protection ACTION: Final rule. [Reserved for Product Description] Agency, 1200 Pennsylvania Avenue, International Surface Airlift (ISAL) NW., 20460; telephone number: (202) SUMMARY: The Commission grants a [Reserved for Product Description] 343–9034; fax number: (202) 343–2802; petition for rulemaking filed by Woods International Direct Sacks—M-Bags e-mail address: [email protected]. Communications Corporation, the [Reserved for Product Description] permittee of station WCOV–DT, to SUPPLEMENTARY INFORMATION: Because Global Customized Shipping Services substitute DTV channel 20 for its EPA received adverse comment, we are [Reserved for Product Description] assigned post-transition DTV channel 16 International Money Transfer Service withdrawing the provision to allow at Montgomery, Alabama. [Reserved for Product Description] ASTM D6550 as an alternative test Inbound Surface Parcel Post (at non-UPU method for measuring the olefin content DATES: This rule is effective February 6, rates) of gasoline, published on December 8, 2009. [Reserved for Product Description] 2008. We stated in that direct final rule FOR FURTHER INFORMATION CONTACT: International Ancillary Services that if we received adverse comment by Adrienne Y. Denysyk, Media Bureau, [Reserved for Product Description] (202) 418–1600. International Certificate of Mailing January 7, 2008, the portions of the [Reserved for Product Description] direct final rule on which adverse SUPPLEMENTARY INFORMATION: This is a International Registered Mail comments were received would not take synopsis of the Commission’s Report [Reserved for Product Description] effect, and we would publish a timely and Order, MB Docket No. 08–230,

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adopted January 27, 2009, and released Federal Communications Commission. small business concerns with fewer than January 30, 2009. The full text of this Clay C. Pendarvis, 25 employees,’’ pursuant to the Small document is available for public Associate Chief, Video Division, Media Business Paperwork Relief Act of 2002, inspection and copying during normal Bureau. Public Law 107–198, see 44 U.S.C. business hours in the FCC’s Reference [FR Doc. E9–2573 Filed 2–5–09; 8:45 am] 3506(c)(4). Provisions of the Regulatory Information Center at Portals II, CY– BILLING CODE 6712–01–P Flexibility Act of 1980 do not apply to A257, 445 12th Street, SW., this proceeding. Washington, DC 20554. This document The Commission will send a copy of will also be available via ECFS (http:// FEDERAL COMMUNICATIONS this Report and Order in a report to be www.fcc.gov/cgb/ecfs/). (Documents COMMISSION sent to Congress and the Government will be available electronically in ASCII, Accountability Office pursuant to the Word 97, and/or Adobe Acrobat.) This 47 CFR Part 73 Congressional review Act, see 5 U.S.C. document may be purchased from the [DA 09–144; MB Docket No. 08–104; RM– 801(a)(1)(A). Commission’s duplicating contractor, 11442] List of Subjects in 47 CFR Part 73 Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Television Broadcasting Services; Television, Television broadcasting. Washington, DC 20554, telephone 1– Danville, KY ■ For the reasons discussed in the preamble, the Federal Communications 800–478–3160 or via e-mail http:// AGENCY: Federal Communications Commission amends 47 CFR part 73 as www.BCPIWEB.com. To request this Commission. document in accessible formats follows: ACTION: Final rule. (computer diskettes, large print, audio PART 73—RADIO BROADCAST recording, and Braille), send an e-mail SUMMARY: The Commission grants a SERVICES to [email protected] or call the petition for rulemaking filed by WDKY Commission’s Consumer and Licensee, LLC, the licensee of station ■ 1. The authority citation for part 73 Governmental Affairs Bureau at (202) WDKY–DT, to substitute DTV channel continues to read as follows: 418–0530 (voice), (202) 418–0432 31 for its assigned post-transition DTV Authority: 47 U.S.C. 154, 303, 334, 336. (TTY). This document does not contain channel 4 at Danville, Kentucky. information collection requirements DATES: This rule is effective March 9, § 73.622 [Amended] subject to the Paperwork Reduction Act 2009. ■ 2. Section 73.622(i), the Post- of 1995, Public Law 104–13. In addition, Transition Table of DTV Allotments therefore, it does not contain any FOR FURTHER INFORMATION CONTACT: under Kentucky, is amended by adding information collection burden ‘‘for Shaun A. Bernstein, Media Bureau, DTV channel 31 and removing DTV small business concerns with fewer than (202) 418–1600. channel 4 at Danville. 25 employees,’’ pursuant to the Small SUPPLEMENTARY INFORMATION: This is a Business Paperwork Relief Act of 2002, synopsis of the Commission’s Report Federal Communications Commission. Public Law 107–198, see 44 U.S.C. and Order, MB Docket No. 08–104, Clay C. Pendarvis, 3506(c)(4). Provisions of the Regulatory adopted January 23, 2009, and released Associate Chief, Video Division, Media Flexibility Act of 1980 do not apply to January 29, 2009. The full text of this Bureau. this proceeding. document is available for public [FR Doc. E9–2571 Filed 2–5–09; 8:45 am] inspection and copying during normal The Commission will send a copy of BILLING CODE 6712–01–P business hours in the FCC’s Reference this Report and Order in a report to be Information Center at Portals II, CY– sent to Congress and the Government A257, 445 12th Street, SW., FEDERAL COMMUNICATIONS Accountability Office pursuant to the Washington, DC 20554. This document COMMISSION Congressional Review Act, see 5 U.S.C. will also be available via ECFS (http:// 801(a)(1)(A). www.fcc.gov/cgb/ecfs/). (Documents 47 CFR Part 73 List of Subjects in 47 CFR Part 73 will be available electronically in ASCII, [DA 09–145; MB Docket No. 08–132; RM– Word 97, and/or Adobe Acrobat.) This 11464] Television, Television broadcasting. document may be purchased from the ■ For the reasons discussed in the Commission’s duplicating contractor, Television Broadcasting Services; preamble, the Federal Communications Best Copy and Printing, Inc., 445 12th Clovis, NM Street, SW., Room CY–B402, Commission amends 47 CFR part 73 as AGENCY: Federal Communications follows: Washington, DC 20554, telephone 1–800–478–3160 or via e-mail http:// Commission. PART 73—RADIO BROADCAST www.BCPIWEB.com. To request this ACTION: Final rule. SERVICES document in accessible formats (computer diskettes, large print, audio SUMMARY: The Commission grants a petition for rulemaking filed by ■ recording, and Braille), send an e-mail 1. The authority citation for part 73 Barrington Amarillo License LLC, the continues to read as follows: to [email protected] or call the Commission’s Consumer and permittee of station KVIH–DT, to Authority: 47 U.S.C. 154, 303, 334, 336. Governmental Affairs Bureau at (202) substitute DTV channel 12 for its assigned post-transition DTV channel 20 § 73.622 [Amended] 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain at Clovis, New Mexico. ■ 2. Section 73.622(i), the Post- information collection requirements DATES: This rule is effective February 6, Transition Table of DTV Allotments subject to the Paperwork Reduction Act 2009. under Alabama, is amended by adding of 1995, Public Law 104–13. In addition, FOR FURTHER INFORMATION CONTACT: DTV channel 20 and removing DTV therefore, it does not contain any Joyce L. Bernstein, Media Bureau, (202) channel 16 at Montgomery. information collection burden ‘‘for 418–1600.

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SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. 378–3160 or (202) 863–2893, facsimile synopsis of the Commission’s Report Clay C. Pendarvis, (202) 863–2898, or via e-mail at http:// and Order, MB Docket No. 08–132, Associate Chief, Video Division, Media www.bcpiweb.com. It is also available adopted January 26, 2009, and released Bureau. on the Commission’s Web site at January 29, 2009. The full text of this [FR Doc. E9–2572 Filed 2–5–09; 8:45 am] http://www.fcc.gov. document is available for public BILLING CODE 6712–01–P In the 800 MHz Report and Order, 69 inspection and copying during normal FR 67823, November 22, 2004, the business hours in the FCC’s Reference Commission ordered rebanding of the Information Center at Portals II, CY– FEDERAL COMMUNICATIONS 800 MHz band to resolve interference A257, 445 12th Street, SW., COMMISSION between commercial and public safety Washington, DC 20554. This document systems in the band. The Commission will also be available via ECFS (http:// 47 CFR Part 90 required that band reconfiguration in www.fcc.gov/cgb/ecfs/). (Documents [WT Docket No. 02–55; FCC 08–276] non-border regions be completed in 36 will be available electronically in ASCII, months. The Commission further Word 97, and/or Adobe Acrobat.) This Improving Public Safety ordered the TA to perform a financial document may be purchased from the Communications in the 800 MHz Band; reconciliation or ‘‘true-up’’ six months Commission’s duplicating contractor, County of Chester, PA and Sprint after the 36-month transition period Best Copy and Printing, Inc., 445 12th Nextel Corporation; City of ended, i.e., 42 months after the start of Street, SW., Room CY–B402, Chesapeake, VA and Sprint Nextel rebanding. The purpose of the true-up is Washington, DC 20554, telephone Corporation to assess Sprint’s total creditable 1–800–478–3160 or via e-mail http:// rebanding costs for both 800 MHz www.BCPIWEB.com. To request this AGENCY: Federal Communications rebanding and relocating of Broadcast document in accessible formats Commission. Auxiliary Service (BAS) licensees in the (computer diskettes, large print, audio ACTION: Final rule. 1.9 GHz band, and to compare these recording, and Braille), send an e-mail costs to the value of the 1.9 GHz to [email protected] or call the SUMMARY: On December 23, 2008, the spectrum that the Commission awarded Commission’s Consumer and Commission addressed the June 25, to Sprint. If the value of the 1.9 GHz Governmental Affairs Bureau at (202) 2008 request by Sprint Nextel spectrum exceeds Sprint’s creditable 418–0530 (voice), (202) 418–0432 Corporation (Sprint) to defer the 800 costs, Sprint must pay the difference to (TTY). This document does not contain MHz rebanding financial ‘‘true-up’’ the U.S. Treasury as an ‘‘anti-windfall’’ information collection requirements process until after rebanding is payment. The 36-month rebanding subject to the Paperwork Reduction Act completed. The Commission concluded period established by the 800 MHz of 1995, Public Law 104–13. In addition, that the true-up should be deferred until Report and Order expired on June 26, therefore, it does not contain any additional progress in rebanding has 2008. Accordingly, under the currently information collection burden ‘‘for occurred, and therefore postponed the applicable timetable, the true-up must small business concerns with fewer than true-up date from December 26, 2008 to occur no later than six months after that 25 employees,’’ pursuant to the Small July 1, 2009. The Commission also date, or by December 26, 2008. Business Paperwork Relief Act of 2002, directed the 800 MHz Transition On December 23, 2008, the Public Law 107–198, see 44 U.S.C. Administrator (TA) to file a report by Commission addressed the June 25, 3506(c)(4). Provisions of the Regulatory May 1, 2009, with its recommendation 2008 request by Sprint Nextel Flexibility Act of 1980 do not apply to on whether the true-up should be Corporation (Sprint) to defer the 800 this proceeding. conducted on July 1, 2009 or postponed MHz rebanding financial ‘‘true-up’’ The Commission will send a copy of to a later date. process until after rebanding is this Report and Order in a report to be DATES: Effective February 6, 2009. completed. The Commission concluded that the true-up should be deferred until sent to Congress and the Government ADDRESSES: Federal Communications Accountability Office pursuant to the Commission, 445 12th Street, SW., additional progress in rebanding has occurred, and therefore postponed the Congressional Review Act, see 5 U.S.C. Washington, DC 20554. 801(a)(1)(A). true-up date from December 26, 2008 to FOR FURTHER INFORMATION CONTACT: Joy July 1, 2009. The Commission also List of Subjects in 47 CFR Part 73 Ragsdale, Policy Division, Public Safety directed the 800 MHz Transition Television, Television broadcasting. and Homeland Security Bureau, (202) Administrator (TA) to file a report by 418–0838; John Evanoff, Policy ■ For the reasons discussed in the May 1, 2009, with its recommendation Division, Public Safety and Homeland on whether the true-up should be preamble, the Federal Communications Security Bureau. Commission amends 47 CFR part 73 as conducted on July 1, 2009 or postponed SUPPLEMENTARY INFORMATION: This is a follows: to a later date. summary of the Commission’s Fourth The Commission also addressed PART 73—RADIO BROADCAST Memorandum Opinion and Order, FCC several pending petitions for SERVICES 08–276, released on December 23, 2008. reconsideration or review of prior The complete text of this document is rebanding orders and public notices. ■ 1. The authority citation for part 73 available for inspection and copying First, the Commission denied two continues to read as follows: during normal business hours in the petitions that seek reconsideration of its Authority: 47 U.S.C. 154, 303, 334, 336. FCC Reference Information Center, decision in the Second Memorandum Portals II, 445 12th Street, SW., Room Opinion and Order, 72 FR 39756, July § 73.622 [Amended] CY–A257, Washington, DC 20554. This 20, 2007, in this proceeding requiring ■ 2. Section 73.622(i), the Post- document may also be purchased from parties to bear their own costs in Transition Table of DTV Allotments the Commission’s duplicating rebanding-related litigation before the under New Mexico, is amended by contractor, Best Copy and Printing, Inc., Commission. Second, the Commission adding DTV channel 12 and removing 445 12th Street, SW., Room CY–B402, exercised its discretion to treat two DTV channel 20 at Clovis. Washington, DC 20554, telephone (800) pending petitions for de novo review

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filed by Sprint against Chesapeake, established by the Small Business space launch vehicles, intercontinental Virginia, and Chester County, Administration (SBA). Consistent with ballistic and small missiles, and aircraft Pennsylvania, as applications for review what we describe below, we certify that and helicopter operations at VAFB for for purposes of resolving questions of the actions in this Fourth Memorandum the period February 2009 through law, and the Commission allowed the Opinion and Order will not have a February 2014. The USAF’s activities parties to file oppositions and replies as significant economic impact on a are considered military readiness provided under the Commission’s substantial number of small entities. activities pursuant to the Marine application for review procedures. Because the Commission’s decision is Mammal Protection Act (MMPA), as Third, the Commission denied a limited to reporting requirements amended by the National Defense petition for reconsideration that alleges applicable to Sprint and the TA and Authorization Act of 2004 (NDAA). that the Commission’s Public Notice affects no other entity, and because the These regulations, which allow for the released on September 12, 2007, 72 FR Commission’s decision concerning issuance of ‘‘Letters of Authorization’’ 55208, September 28, 2007, to expedite Sprint merely extends the status quo, (LOAs) for the incidental take of marine the rebanding process imposed the Commission certifies that its mammals during the described activities unreasonable new regulatory burdens decision will not have a significant and specified time frames, prescribe the on 800 MHz licensees. Finally, the economic impact on a substantial permissible methods of taking and other Commission delegated authority to the number of small entities. All other means of effecting the least practicable Public Safety and Homeland Security issues do not raise regulatory flexibility adverse impact on marine mammal Bureau (PSHSB or Bureau) to develop a issues because the Commission’s actions species and their habitat, as well as rebanding plan for the U.S. Virgin deny petitions for reconsideration, defer requirements pertaining to the Islands based on a proposal submitted action on certain petitions for de novo monitoring and reporting of such taking. by the TA. review and afford certain parties an DATES: Effective February 7, 2009, opportunity to file oppositions and through February 7, 2014. Procedural Matters replies as provided under our ADDRESSES: A copy of the USAF’s A. Final Regulatory Flexibility Analysis application for review procedures, or application, which contains a list of The Final Regulatory Flexibility internally delegate authority, and references used in this document, and Analysis required by section 604 of the therefore do not raise any regulatory NMFS’ Final Environmental Assessment Regulatory Flexibility Act, 5 U.S.C. 604, flexibility issues. The Commission will (EA) and Finding of No Significant is included in Appendix A of the Fourth send a copy of the Fourth Memorandum Impact (FONSI) may be obtained by Memorandum Opinion and Order. Opinion and Order, including a copy of writing to P. Michael Payne, Chief, this Final Regulatory Flexibility Permits, Conservation and Education B. Final Paperwork Reduction Act of Certification, to the Chief Counsel for Division, Office of Protected Resource, 1995 Analysis Advocacy of the SBA, and will be National Marine Fisheries Service, 1315 The Fourth Memorandum Opinion published in the Federal Register. East-West Highway, Silver Spring, MD and Order does not contain new or Federal Communications Commission. 20910–3225, by telephoning the contact modified information collection Marlene H. Dortch, listed under FOR FURTHER INFORMATION CONTACT, or on the Internet at: http:// requirements subject to the Paperwork Secretary. Reduction Act of 1995 (PRA), Public www.nmfs.noaa.gov/pr/permits/ [FR Doc. E9–2568 Filed 2–5–09; 8:45 am] incidental.htm#applications. Law 104–13. In addition, therefore it BILLING CODE 6712–01–P does not contain any new or modified Documents cited in this final rule may ‘‘information burden for small business also be viewed, by appointment, during concerns with fewer than 25 regular business hours at the above employees,’’ pursuant to the Small DEPARTMENT OF COMMERCE address. Business Paperwork Relief Act of 2002, National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Public Law 107–198. Administration Candace Nachman, Office of Protected Final Regulatory Flexibility Analysis Resources, NMFS, (301) 713–2289, ext. 50 CFR Part 216 156, or Monica DeAngelis, Southwest The Regulatory Flexibility Act of Regional Office, NMFS, (562) 980–3232. 1980, as amended (RFA), requires that a [Docket No. 0808041027–9041–02] SUPPLEMENTARY INFORMATION: regulatory flexibility analysis be prepared for notice-and-comment RIN 0648–AX08 Background rulemaking proceedings, unless the Taking and Importing Marine Sections 101(a)(5)(A) and (D) of the agency certifies that ‘‘the rule will not, Mammals; Taking Marine Mammals MMPA (16 U.S.C. 1361 et seq.) direct if promulgated, have a significant Incidental to Space Vehicle and Test the Secretary of Commerce (Secretary) economic impact on a substantial Flight Activities from Vandenberg Air to allow, upon request, the incidental, number of small entities.’’ The RFA Force Base (VAFB), California but not intentional taking of small generally defines the term ‘‘small numbers of marine mammals by U.S. entity’’ as having the same meaning as AGENCY: National Marine Fisheries citizens who engage in a specified the terms ‘‘small business,’’ ‘‘small Service (NMFS), National Oceanic and activity (other than commercial fishing) organization,’’ and ‘‘small governmental Atmospheric Administration (NOAA), within a specified geographical region if jurisdiction.’’ In addition, the term Commerce. certain findings are made and either ‘‘small business’’ has the same meaning ACTION: Final rule. regulations are issued or, if the taking is as the term ‘‘small business concern’’ limited to harassment, notice of a under the Small Business Act. A ‘‘small SUMMARY: NMFS, upon application from proposed authorization is provided to business concern’’ is one which: (1) Is the U.S. Air Force (USAF), is issuing the public for review. independently owned and operated; (2) regulations to govern the unintentional Authorization for incidental takings is not dominant in its field of operation; taking of marine mammals, by may be granted if NMFS finds that the and (3) satisfies any additional criteria harassment, incidental to launching taking will have a negligible impact on

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the species or stock(s), will not have an intercontinental ballistic missiles LOA in the Federal Register (73 FR unmitigable adverse impact on the (ICBM) and sub-orbital target and 43410) and requested comments and availability of the species or stock(s) for interceptor missiles. In addition to information from the public for 30 days. certain subsistence uses, and that the space vehicle and missile launch During that comment period, NMFS permissible methods of taking and activities at VAFB, there are helicopter received comments from the Marine requirements pertaining to the and aircraft operations for purposes Mammal Commission (Commission) mitigation, monitoring and reporting of such as search-and-rescue, delivery of and one private citizen. Responses to such taking are set forth. space vehicle components, launch those comments are addressed in the NMFS has defined ‘‘negligible mission support, and security proposed rule Federal Register notice impact’’ in 50 CFR 216.103 as: reconnaissance. The USAF expects to (73 FR 77577, December 19, 2008). On an impact resulting from the specified launch a maximum of 30 rockets and December 19, 2008, NMFS published a activity that cannot be reasonably expected missiles per year from VAFB. notice of proposed rulemaking (73 FR to, and is not reasonably likely to, adversely There are currently six active space 77577) on the USAF’s request to take affect the species or stock through effects on launch vehicle (SLV) facilities at VAFB annual rates of recruitment or survival. marine mammals incidental to space The NDAA (Public Law 108–136) (VAFB, 2007), used to launch satellites vehicle and test flight activities from removed the ‘‘small numbers’’ and into polar orbit. These facilities support VAFB and requested comments, ‘‘specified geographical region’’ the launch programs for space vehicles information, and suggestions concerning limitations and amended the definition including the Atlas V, Delta II, Delta IV, the request. During the 15-day public of ‘‘harassment’’ as it applies to a Falcon, Minotaur, and Taurus. The comment period, NMFS received ‘‘military readiness activity’’ to read as Falcon has yet to launch from VAFB comments from the Commission and follows (Section 3(18)(B) of the MMPA): and is scheduled for its first launch in one private citizen. The comment from (i) any act that injures or has the significant August, 2009 (30 SW, 2008a). A detailed the private citizen opposed the issuance potential to injure a marine mammal or description of the activities to be of an authorization without any specific marine mammal stock in the wild [Level A conducted by the USAF, including substantiation for why such an Harassment]; or (ii) any act that disturbs or vehicle types and the sound exposure authorization should not be issued. For is likely to disturb a marine mammal or levels produced by each missile or the reasons set forth in this preamble, marine mammal stock in the wild by causing rocket and aircraft operations, was NMFS believes issuance of the disruption of natural behavioral patterns, including, but not limited to, migration, included in the proposed rule (73 FR authorization is appropriate. Following surfacing, nursing, breeding, feeding, or 77577, December 19, 2008) and may are the comments from the Commission sheltering, to a point where such behavioral also be found in the USAF’s application and NMFS’ responses. patterns are abandoned or significantly (see ADDRESSES). Comment 1: The Commission altered [Level B Harassment]. recommends that NMFS extend the Description of Marine Mammals public comment period on the proposed Summary of Request Potentially Affected by the Activity and rule for at least an additional 15 days, On March 21, 2008, NMFS received Habitat or, alternatively, provide a post- an application from the USAF The four species of marine mammals promulgation comment period before requesting authorization for the take of most likely to be present in the action the effective date of the rule. four species of marine mammals area are: Pacific harbor seals (Phoca Response: NMFS has been issuing incidental to space vehicle and test vitulina richardii); California sea lions MMPA authorizations to the USAF to flight activities from VAFB, which (Zalophus californianus); northern conduct these activities from VAFB for would impact pinnipeds on VAFB and elephant seals (Mirounga angustirostris); more than 20 years, which has allowed the Northern Channel Islands (NCI). and northern fur seals (Callorhinus NMFS to develop relatively standard These training activities are classified as ursinus). Guadalupe fur seals mitigation and monitoring requirements military readiness activities. Marine (Arctocephalus townsendi) and Steller for these activities, so rarely more than mammals may be exposed to continuous sea lions (Eumetopias jubatus) have one or two public comments are noise due mostly to combustion effects bred in the past on San Miguel Island, received. The public was afforded a 30- of aircraft and launch vehicles and but sightings have been rare since the day comment period to submit impulsive noise due to sonic boom mid-1980’s. information and suggestions on the effects. The USAF requested The USAF has compiled information preparation of proposed regulations authorization to take four pinniped on the abundance, status, and beginning on July 25, 2008 with the species by Level B Harassment. distribution of the species on VAFB and publication of the notice of receipt of application (73 FR 43410). NMFS Description of the Specified Activity the NCI from surveys that they have conducted over the last decade and from received only two comment letters at VAFB (see Figure 1 in the USAF NMFS Stock Assessment Reports that time. Similarly, the same two application) is headquarters to the 30th (SARs). This information may be viewed organizations or members of the public Space Wing (SW), the Air Force Space in the USAF’s application (see commented on the proposed rule. Command unit that operates VAFB and ADDRESSES). Additional information is NMFS did not receive any other the Western Range. VAFB operates as a available in the NMFS SARs, which are requests to extend the comment period. missile test base and aerospace center, available at: http://www.nmfs.noaa.gov/ The last time NMFS developed supporting west coast space launch pr/pdfs/sars/po2007.pdf. regulations for the USAF to conduct activities for the USAF, Department of The proposed rule (73 FR 77577, these same activities, NMFS published Defense, National Aeronautics and December 19, 2008) contained a detailed a notice of receipt of application (68 FR Space Administration, and commercial description of the distribution of these 54894, September 19, 2003), which contractors. VAFB is the main west species on VAFB and the NCI, as well allowed for a 30-day comment period coast launch facility for placing as a description of their habitat. and a notice of proposed rulemaking (68 commercial, government, and military FR 67629, December 3, 2003), which satellites into polar orbit on expendable Comments and Responses allowed for a 15-day comment period. (unmanned) launch vehicles, and for On July 25, 2008, NMFS published a With only slight changes to some of the testing and evaluation of notice of receipt of application for an launch vehicles or missiles to be used,

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the activities to be authorized for the the Commission’s recommendation, frequencies significantly different from period of February 2009 to February NMFS has included the following those described in this authorization, 2014 and therefore the mitigation, condition in the final rule: then NMFS will make the information monitoring, and reporting requirements If post-launch surveys determine that an available to the public for comment. are nearly identical to those required in injurious or lethal take of a marine mammal Potential Effects of Specified Activities the February 2004 to February 2009 has occurred or there is an indication that the on Marine Mammals regulations. In 2003, only the distribution, size, or productivity of the potentially affected pinniped populations has The activities under these regulations Commission submitted comments on been affected, the launch procedure and the the proposed rulemaking. There has not monitoring methods must be reviewed, in create two types of noise: Continuous been a great deal of public interest in cooperation with NMFS, and, if necessary, (but short-duration) noise, due mostly to the MMPA authorization process for appropriate changes must be made through combustion effects of aircraft and these activities currently or in the past. modification to an LOA, prior to conducting launch vehicles; and impulsive noise, Therefore, NMFS does not believe it is the next launch of the same vehicle under due to sonic boom effects. Launch necessary to extend the comment period that LOA. operations are the major source of noise for this action. Comment 4: The Commission on the marine environment from VAFB. NMFS will not be able to provide a recommends that NMFS require The operation of launch vehicle engines post-promulgation comment period. The additional acoustic and biological produces significant sound levels. current regulations are set to expire on monitoring when new space vehicles or Generally, noise is generated from four February 6, 2009. The USAF currently missiles are launched to verify that the sources during launches: (1) has a launch planned for February 23, actual sound levels and responses of Combustion noise from launch vehicle 2009. Since these launches are planned animals are as predicted. chambers; (2) jet noise generated by the around certain meteorological, as well Response: Both the monitoring plan interaction of the exhaust jet and the as other, conditions, it is not practical contained in the USAF’s application atmosphere; (3) combustion noise from to have a post-promulgation comment and the ‘‘Monitoring’’ section in the the post-burning of combustion period. These launches are important to proposed rule Federal Register notice products; and (4) sonic booms. Launch national security. (73 FR 77577, December 19, 2008) noise levels are highly dependent on the Comment 2: The Commission contained a requirement that acoustic type of first-stage booster and the fuel recommends that NMFS issue the final and biological monitoring be conducted used to propel the vehicle. Therefore, rule as proposed, provided that the on new space and missile launch there is a great similarity in launch mitigation and monitoring activities vehicles during at least the first launch, noise production within each class size described in the USAF application and whether it occurs within the pupping of launch vehicles. the proposed rule Federal Register season or not. This condition is The noise generated by VAFB notice (73 FR 77577, December 19, included in the final rule. activities will result in the incidental 2008) are incorporated into the final Comment 5: Lastly, the Commission harassment of pinnipeds, both rule. recommends that NMFS require behaviorally and in terms of Response: NMFS agrees with the additional public notice and physiological (auditory) impacts. The Commission’s recommendation. All opportunity for comment before noise and visual disturbances from SLV measures contained in the proposed authorizing the taking of marine and missile launches and aircraft and rulemaking Federal Register notice are mammals by any new space vehicles or helicopter operations may cause the included in the final rule. missiles that produce sound levels or animals to lift their heads, move Comment 3: The Commission also frequencies significantly different from towards the water, or enter the water. recommends that NMFS specify in the those described in this authorization. Information on marine mammal final rule that the authorized activities Response: As described in the USAF’s responses to launch noise that has been shall be suspended, pending review, if application, the proposed rule, and gathered under previous LOAs for these there is any indication that the activities NMFS’ EA, the specific launch vehicles activities, as well as a scientific research covered by the rule are causing marine may change over the course of the five- permit issued to VAFB by NMFS for a mammal mortalities or injuries or are year regulations (2009–2014) as NEPA research program (Permit No. 859– affecting the distribution, size, or analyses are completed. This Federal 1680–01) to determine the short and productivity of the potentially affected Register document and NMFS’ EA long-term effects of SLV noise and sonic populations. evaluate the proposed level of activity booms on affected marine mammals is Response: The activities to be and type of launches based on current contained in the USAF’s application authorized are considered military and projected information. To the extent and the proposed rulemaking Federal readiness activities and are important to that specific launch vehicles may Register notice (73 FR 77577, December national security. The USAF launches change, the USAF would be required to 19, 2008). The potential effects several different types of vehicles and report such new vehicles to NMFS, and described in the proposed rule are the missiles from many different space NMFS would evaluate a particular same as those that would occur under launch complexes on VAFB, sometimes vehicle (e.g., missiles) to ensure that the the final rule. only a few days apart. Therefore, it vehicle fit within the parameters of the NMFS does not anticipate a would be impractical to suspend all regulations. Thus, the transition of significant impact on any of the species activities. The proposed rule (73 FR individual craft is not expected to or stocks of marine mammals from 77577, December 19, 2008) contained a change the impact assessment as set launches from VAFB. For even the condition in the ‘‘Mitigation’’ section forth in NMFS’ EA, and all activities largest launch vehicles, such as Delta that, for the most part, addressed the would be required to fall within the IV, the launch noises and sonic booms Commission’s recommendation. general description of specified can be expected to cause a startle Language has been added to that activities and estimates of marine response and flight to water for those condition to expand its coverage to mammal take described in this harbor seals, California sea lions and include possible affects to distribution, document and NMFS’ EA. If it is other pinnipeds that are hauled out on size, and productivity of the potentially determined that the new space vehicles the coastline of VAFB and on the NCI. affected pinniped populations. Based on or missiles will produce sound levels or The noise may cause temporary

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threshold shift (TTS) in hearing juveniles, or young adults of both sexes, that only Level B incidental harassment depending on exposure levels, but no may occasionally haul out at VAFB for may occur as a result of the proposed permanent threshold shift is several days to rest or as long as 30 days activities and that these events will anticipated. NMFS does not expect to molt. Injured or sick seals may also result in no detectable impact on marine these activities to result in the mortality haul out briefly. The number of mammal species or stocks or on their of any marine mammals. northern elephant seals that may be habitats. taken will range between 0 and 200. Numbers of Marine Mammals Northern fur seals: There are no Potential Effects of Specified Activities Estimated to be Taken by Harassment reports of northern fur seals at VAFB. on Marine Mammal Habitat The marine mammal species NMFS Therefore, it is unlikely that any fur Impacts on marine mammal habitat believes likely to be taken by Level B seals will be taken. are part of the consideration in making harassment incidental to launch and Estimated Takes on the NCI a finding of negligible impact on the aircraft and helicopter operations at species and stocks of marine mammals. VAFB are harbor seals, California sea Sonic booms created by SLVs may Habitat includes, but is not necessarily lions, northern elephant seals, and impact marine mammals on the NCI, limited to, rookeries, mating grounds, northern fur seals. All of these species particularly SMI. Missile launches feeding areas, and areas of similar are protected under the MMPA, and utilize westward trajectories so do not significance. Only short-term none are listed under the Endangered cause sonic boom impacts to the NCI. disturbance of marine mammals is Species Act (ESA). Numbers of animals The PCBoom sonic boom modeling expected as a result of the proposed that may be taken by Level B program will continue to be used to activities. No impacts to marine harassment are expected to vary due to predict the area of sonic boom impact mammal habitats are anticipated on factors such as type of SLV, location of and magnitude of the sonic boom on the VAFB or the NCI. the sonic boom, weather conditions NCI based on the launch vehicle, speed, (which can influence the size of the trajectory, and meteorological Potential Effects of Specified Activities sonic boom), the time of day, and the conditions. Prior to each SLV launch, a on Subsistence Needs predictive sonic boom map of the time of year. For this reason, ranges are NMFS has determined that the impact area and magnitude of the sonic given for the harassment estimates of issuance of an LOA for USAF space boom will be generated. Based on marine mammals. Aircraft operations vehicle and missile launches and previous monitoring of sonic booms will occur frequently but will avoid aircraft and helicopter operations at created by SLVs on SMI (Thorson et al., pinniped haul-out areas and are VAFB would not have an unmitigable 1999a: 1999b), it is estimated that as unlikely to disturb pinnipeds. adverse impact on the availability of the As noted earlier and in the proposed much as approximately 25 percent of affected species or stocks for subsistence rule (73 FR 77577, December 19, 2008), the marine mammals may be disturbed use since there are no such uses for sightings of Steller sea lions and on SMI (Thorson et al., 1999a; 1999b). these pinniped species in California. Guadalupe fur seals have been Most sonic booms that reach SMI are extremely rare the last few decades or small (<1 pound per square foot [psf]), Mitigation low at VAFB and on the NCI. Therefore, although larger sonic booms are To minimize impacts on pinnipeds on no takes by harassment are anticipated possible, but rarely occur. A beach haul-out sites and to avoid any for either of these species incidental to conservative take estimate of as much as possible sensitizing or predisposing of the USAF’s activities. 25 percent of the animals present is pinnipeds to greater responsiveness Estimated Takes at VAFB used for each species per launch. Harbor seals: As many as 200 harbor towards the sights and sounds of a Harbor seals: As many as 600 harbor seals of all age classes and sexes may be launch, the USAF has prepared the seals per launch may be taken. taken per launch on the NCI. The following mitigation measures, which Depending on the type of rocket being number of harbor seals that may be NMFS has incorporated into its launched, the time of day, time of the taken will range between 0 and 200. regulations. year, weather conditions, tide and swell California sea lions: As many as 5,800 All aircraft and helicopter flight paths conditions, the number of seals that may sea lion pups and 2,500 juvenile and must maintain a minimum distance of be taken will range between 0 and 600. adult sea lions of either sex may be 1,000 ft (305 m) from recognized seal Launches and aircraft operations may taken on the NCI per launch. The haul-outs and rookeries (e.g., Point Sal, occur at any time of the year so any age number of sea lions that may be taken Purisima Point, Rocky Point), except in classes and gender may be taken. will range between 0 and 8,300. emergencies or for real-time security California sea lions: As many as 200 Northern elephant seals: As many as incidents (e.g., search-and-rescue, fire- sea lions per launch may be taken. Sea 3,000 northern elephant seal pups and fighting) which may require lions at VAFB are usually juveniles of 10,000 northern elephant seals of all age approaching pinniped haul-outs and both sexes and sub-adult males that classes and sexes may be taken per rookeries closer than 1,000 ft (305 m). haul out in the fall during the post launch on the NCI. The number of For missile and rocket launches, unless breeding dispersal. Births generally do elephant seals that may be taken will constrained by other factors including, not occur at VAFB, but five pups were range between 0 and 13,000. but not limited to, human safety, observed at VAFB in 2003, an El Nino Northern fur seals: As many as 300 national security concerns or launch year, although all were abandoned by northern fur seal pups and 1,100 trajectories, holders of LOAs must their mothers and died within several juvenile and adult northern fur seals of schedule launches to avoid, whenever days of birth. Sick or emaciated weaned both sexes may be taken per launch at possible, launches during the harbor pups may also haul out briefly. The SMI. The number of fur seals that may seal pupping season of March through number of sea lions that may be taken be taken will range between 0 and June. NMFS has expanded this will range between 0 and 200. 1,400. requirement so that the USAF must Northern elephant seals: As many as With the incorporation of mitigation avoid, whenever possible, launches 200 elephant seals per launch may be measures proposed later in this which are predicted to produce a sonic taken. Weaned elephant seal pups, document, the USAF and NMFS expect boom on the NCI during harbor seal,

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elephant seal, California sea lion, and Monitoring will include multiple no adverse effects on any marine northern fur seal pupping seasons. surveys each day that record, when mammals. A report detailing the If post-launch surveys determine that possible, the species, number of species, number of animals observed, an injurious or lethal take of a marine animals, general behavior, presence of behavior, reaction to the launch noise, mammal has occurred or there is an pups, age class, gender, and reaction to time to return to the haul-out site, any indication that the distribution, size, or launch noise, sonic booms, or other adverse behavior and environmental productivity of the potentially affected natural or human-caused disturbances. conditions will be submitted to NMFS pinniped populations has been affected, Environmental conditions such as tide, within 90 days of the launch. wind speed, air temperature, and swell the launch procedure and the Reporting monitoring methods must be reviewed, will also be recorded. Time-lapse in cooperation with NMFS, and, if photography or video will be used A report containing the following necessary, appropriate changes must be during daylight launches to document information must be submitted to NMFS made through modification to an LOA, the behavior of mother-pup pairs during within 90 days after each launch: (1) prior to conducting the next launch of launch activities. For launches during Date(s) and time(s) of each launch; (2) the same vehicle under that LOA. the harbor seal pupping season (March date(s), location(s), and preliminary through June), follow-up surveys will be findings of any research activities Monitoring made within 2 weeks of the launch to related to monitoring the effects on As part of its application, the USAF ensure that there were no adverse effects launch noise and sonic booms on marine mammal populations; and (3) provided a monitoring plan, similar to on any marine mammals. A report results of the monitoring programs, that in the regulations (50 CFR 216.125) detailing the species, number of animals including but not necessarily limited to set to expire on February 6, 2009, for observed, behavior, reaction to the (a) numbers of pinnipeds present on the assessing impacts to marine mammals launch noise, time to return to the haul- haul-out prior to commencement of the from rocket and missile launches at out site, any adverse behavior and launch, (b) numbers of pinnipeds that VAFB. This monitoring plan is environmental conditions will be may have been harassed as noted by the described, in detail, in their application submitted to NMFS within 90 days of number of pinnipeds estimated to have (30 SW, 2008c). The USAF will conduct the launch. entered the water as a result of launch the following monitoring under the Monitoring for the NCI noise, (c) the length of time(s) pinnipeds regulations. Monitoring will be conducted on the remained off the haul-out or rookery, (d) The monitoring will be conducted by NCI (San Miguel, Santa Cruz, and Santa the numbers of pinniped adults or pups a NMFS-approved marine mammal Rosa Islands) whenever a sonic boom that may have been injured or killed as biologist experienced in surveying large over 1 psf is predicted (using the most a result of the launch; and (4) any numbers of marine mammals. current sonic boom modeling programs) behavioral modifications by pinnipeds Monitoring at the haul-out site closest to to impact one of the Islands. Monitoring that likely were the result of launch the launch facility will commence at will be conducted at the haul-out site noise or the sonic boom. least 72 hours prior to the launch and closest to the predicted sonic boom If a freshly dead or seriously injured continue until at least 48 hours after the impact area. Monitoring will be pinniped is found during post-launch launch. conducted by a NMFS-approved marine monitoring, the incident must be Monitoring for VAFB mammal biologist experienced in reported within 48 hours to the NMFS surveying large numbers of marine Office of Protected Resources and the Biological monitoring at VAFB will be mammals. Monitoring will commence at NMFS Southwest Regional Office. conducted for all launches during the least 72 hours prior to the launch and An annual report must be submitted harbor seal pupping season, 1 March to continue until at least 48 hours after the to NMFS at the time of renewal of the 30 June. Acoustic and biological launch. LOA described in § 216.127, that monitoring will be conducted on new Monitoring will include multiple describes any incidental takings under space and missile launch vehicles surveys each day that record the an LOA not reported in the 90-day during at least the first launch, whether species, number of animals, general launch reports, such as the aircraft test it occurs within the pupping season or behavior, presence of pups, age class, program and helicopter operations and not. Also, the third Delta IV launch will gender, and reaction to launch noise, any assessments made of their impacts be monitored, and Auditory Brainstem sonic booms, or other natural or human- on hauled-out pinnipeds. Response (ABR) testing of seals in close caused disturbances. Environmental A final report must be submitted to proximity to the launch is planned. The conditions such as tide, wind speed, air NMFS no later than 180 days prior to testing will be authorized under a temperature, and swell will also be expiration of these regulations. This scientific research permit issued under recorded. Due to the large numbers of report must summarize the findings Section 104 of the MMPA. Such work pinnipeds found on some beaches of made in all previous reports and assess was most recently conducted under SMI, smaller focal groups should be both the impacts at each of the major Permit No. 859–1680–01, which expired monitored in detail rather than the rookeries and the cumulative impact on on January 1, 2009. The USAF has entire beach population. A general pinnipeds and any other marine submitted an application to NMFS for estimate of the entire beach population mammals from Vandenberg activities. issuance of a new scientific research should be made once a day and their permit to continue the ABR tests on reaction to the launch noise noted. ESA harbor seals, as well as other research Photography or video will be used In December, 2003, NMFS determined projects. NMFS is currently reviewing during daylight launches to document that the USAF’s activities and the this application. If appropriate, NMFS the behavior of mother-pup pairs or promulgation of regulations and will issue a new scientific research dependent pups during launch issuance of LOAs are not likely to permit to the USAF in early spring activities. During the pupping season of adversely affect any species or their 2009. NMFS estimates that the tests any species affected by a launch, follow- habitats that are listed as threatened or would be conducted during years 2–5 of up surveys will be made within 2 weeks endangered under the ESA. The the regulations. of the launch to ensure that there were activities to be authorized under these

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regulations are not substantially required on its proposed action as this launch crew. A launch delay would also different from those described in the action is not likely to destroy, cause the lead to increased risk for personnel if 2003 consultation. Therefore, there has loss of, or injure any national marine there is increased handling time for not been a reinitiation of consultation sanctuary resources. hazardous materials or ordnance that under section 7 of the ESA since none Determinations has to be deactivated or offloaded, of the reinitiation triggers have been depending on the stage of launch met. Based on the information provided in preparations at the time of delay. In the USAF application, NMFS’ EA, this NEPA addition to the significant costs that document, the public comments would be borne by the government in The USAF prepared a Final EA and submitted on the application and the event of a delay to this mission, the issued a FONSI in 1997 as part of its proposed rule, and the USAF’s mission requires a particular orbit for application for an incidental take comprehensive reports of the activities the payload, and getting into that orbit authorization. On March 1, 1999 (64 FR through 2008, NMFS has determined can be closely tied to the time of year 9925), NMFS adopted this EA as that the launching of SLVs, ICBMs, and and, in some instances, the time of day. provided for by the Council on small missiles and aircraft and Therefore, delaying this launch would Environmental Quality regulations. In helicopter operations at VAFB, will mean that the USAF would certainly be 2003, NMFS prepared its own EA and result in no more than Level B impacted in its available launch issued a FONSI for the final rule issued harassment of harbor seals, California opportunities. The costs of delaying this in February, 2004. NMFS prepared a sea lions, northern elephant seals, and launch are greatly outweighed by the Draft EA for issuance of regulations and northern fur seals. The effects of these annual LOAs to the USAF for the period military readiness activities from VAFB benefits of allowing it to go forward 2009–2014 and made it available for will be limited to short term and immediately. The mitigation and public comment concurrently with the localized changes in behavior, including monitoring required by this final rule proposed rule. NMFS has finalized the temporarily vacating haul-outs, and are for the benefit and protection of EA and issued a FONSI for this action. possible TTS in the hearing of any marine mammals, many of which will Therefore, preparation of an pinnipeds that are in close proximity to be more vulnerable after the 30 day Environmental Impact Statement is not a launch pad at the time of a launch. period. Delaying this launch by a few necessary for this action. NMFS’ EA and NMFS has also determined that any weeks would cause it to occur during FONSI are available upon request (see takes will have no more than a the harbor seal pupping season on ADDRESSES). negligible impact on the affected species VAFB. One of the mitigation and stocks. No take by serious injury requirements is to avoid, whenever Coastal Zone Management Act and/or death is anticipated, and the possible, the launching of vehicles or Consistency potential for permanent hearing missiles during the harbor seal pupping The USAF conducts separate impairment is unlikely. Harassment season. Additionally, the measures consultations with the California takes will be at the lowest level contained in this final rule are Coastal Commission (CCC) for each practicable due to incorporation of the substantially similar to the measures launch activity, as each one is mitigation measures mentioned contained in the 5-year rule that expires considered a separate Federal action. previously in this document. NMFS’ on February 6, 2009. The 30th SW, Past consultations between the USAF regulations for these exercises prescribe USAF is the only entity regulated by and the CCC have indicated that the means of affecting the least this rule. The USAF expressly requested activities from VAFB similar to those practicable adverse impact on marine that NMFS issue the rule and described in this document are mammals and their habitat and set forth regulations and is both willing and able consistent to the maximum extent requirements pertaining to the to comply with the requirements of practicable with the enforceable policies monitoring and reporting of that taking. NMFS’ final regulations and LOA, as of the California Coastal Act (CCA). The Additionally, the launch activities and they were during the course of the USAF is in consultation with the CCC aircraft and helicopter operations will previous rules and regulations issued to for those launch activities that have not not have an unmitigable adverse impact the USAF by NMFS to conduct these yet been found to be consistent with the on the availability of marine mammal activities, within the 30-day window. CCA. Therefore, NMFS has determined stocks for subsistence use, as there are At the proposed rule stage, the Chief that the activities described in this no subsistence uses of these four Counsel for Regulation of the document are consistent to the pinniped species in California waters. Department of Commerce certified to maximum extent practicable with the Classification the Chief Counsel for Advocacy of the enforceable policies of the CCA. Small Business Administration that this The Office of Management and Budget rule, if adopted, would not have a National Marine Sanctuaries Act has determined that this proposed rule On December 8, 2008, NMFS is not significant for purposes of significant economic impact on a contacted the National Ocean Service’s Executive Order 12866. substantial number of small entities Office of National Marine Sanctuaries Good cause exists to waive the 30-day since it would apply only to the 30th (ONMS) regarding NMFS’ action of delay in effectiveness for this rule SW, USAF, and would have no effect, promulgating regulations and issuing pursuant to 5 U.S.C. 553(d). The USAF directly or indirectly, on small LOAs for the USAF activities described has a Taurus (SLC 576–E) launch businesses. Because of this certification, in the USAF’s application and the scheduled for February 23, 2009, which a regulatory flexibility analysis is not proposed rule (73 FR 77577, December falls within 30 days of the publication required, and none has been prepared. 19, 2008) to determine whether or not of this final rule. A delay would cost up List of Subjects in 50 CFR Part 216 NMFS’ action is likely to destroy, cause to hundreds of thousands of dollars per the loss of, or injure any national marine day, depending on various factors, Exports, Fish, Imports, Indians, sanctuary resources. On December 12, including the cost of maintaining the Labeling, Marine mammals, Penalties, 2008, the ONMS determined that no vehicle and payload in ready condition Reporting and recordkeeping further consultation with NMFS was and the number of personnel in the requirements, Seafood, Transportation.

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Dated: February 2, 2009. (Phoca vitulina); California sea lions Point), except in emergencies or for real- James W. Balsiger, (Zalophus californianus); northern time security incidents (e.g., search-and- Acting Assistant Administrator for Fisheries, elephant seals (Mirounga angustirostris); rescue, fire-fighting), which may require National Marine Fisheries Service. and northern fur seals (Callorhinus approaching pinniped haul-outs and ■ For reasons set forth in the preamble, ursinus). rookeries closer than 1,000 ft (305 m). (2) For missile and rocket launches, 50 CFR part 216 is amended as follows: § 216.121 Effective dates. holders of Letters of Authorization must PART 216—REGULATIONS Regulations in this subpart are avoid, whenever possible, launches GOVERNING THE TAKE OF MARINE effective from February 7, 2009, through during the harbor seal pupping season MAMMALS INCIDENTAL TO February 6, 2014. of March through June, unless SPECIFIED ACTIVITIES § 216.122 Permissible methods of taking. constrained by factors including, but not limited to, human safety, national ■ 1. The authority citation for part 216 (a) Under Letters of Authorization security, or for space vehicle launch continues to read as follows: issued pursuant to § 216.106 and trajectory necessary to meet mission 216.127, the 30th Space Wing, U.S. Air Authority: 16 U.S.C. 1361 et seq. objectives. Force, its contractors, and clients, may ■ 2. Subpart K is added to part 216 to incidentally, but not intentionally, take (3) Vandenberg Air Force Base must read as follows: marine mammals by harassment, within avoid, whenever possible, launches which are predicted to produce a sonic Subpart K—Taking Of Marine the area described in § 216.120, provided the activity is in compliance boom on the Northern Channel Islands Mammals Incidental To Space Vehicle during harbor seal, elephant seal, And Test Flight Activities with all terms, conditions, and requirements of the regulations in this California sea lion, and northern fur seal Sec. subpart and the appropriate Letter of pupping seasons of March through June. 216.120 Specified activity and specified Authorization. (4) If post-launch surveys determine geographical region. (b) The taking of marine mammals is that an injurious or lethal take of a 216.121 Effective dates. authorized for the species listed in marine mammal has occurred or there is 216.122 Permissible methods of taking. an indication that the distribution, size, 216.123 Prohibitions. § 216.120(b) and is limited to Level B Harassment. or productivity of the potentially 216.124 Mitigation. affected pinniped populations has been 216.125 Requirements for monitoring and § 216.123 Prohibitions. reporting. affected, the launch procedure and the 216.126 Applications for Letters of Notwithstanding takings specified in monitoring methods must be reviewed, Authorization. § 216.120 and authorized by a Letter of in cooperation with NMFS, and, if 216.127 Letters of Authorization. Authorization issued under §§ 216.106 necessary, appropriate changes must be 216.128 Renewal of Letters of and 216.127, no person in connection made through modification to a Letter of Authorization. with the activities described in Authorization, prior to conducting the 216.129 Modifications of Letters of § 216.120 may: next launch of the same vehicle under Authorization. (a) Take any marine mammal not that Letter of Authorization. Subpart K—Taking Of Marine specified in § 216.120(b); (5) Additional mitigation measures as Mammals Incidental To Space Vehicle (b) Take any marine mammal contained in a Letter of Authorization. And Test Flight Activities specified in § 216.120(b) other than by (b) [Reserved] incidental, unintentional harassment; § 216.120 Specified activity and specified (c) Take a marine mammal specified § 216.125 Requirements for monitoring and reporting. geographical region. in § 216.120(b) if such taking results in (a) Regulations in this subpart apply more than a negligible impact on the (a) Holders of Letters of Authorization only to the incidental taking of those species or stocks of such marine issued pursuant to §§ 216.106 and marine mammals specified in paragraph mammal; or 216.127 for activities described in (b) of this section by the 30th Space (d) Violate, or fail to comply with, the § 216.120(a) are required to cooperate Wing, United States Air Force, and terms, conditions, and requirements of with NMFS, and any other Federal, state those persons it authorizes to engage in: this subpart or a Letter of Authorization or local agency with authority to (1) Launching up to 30 space and issued under §§ 216.106 and 216.127. monitor the impacts of the activity on missiles vehicles each year from marine mammals. Unless specified Vandenberg Air Force Base, for a total § 216.124 Mitigation. otherwise in the Letter of Authorization, of up to 150 missiles and rockets over (a) The activity identified in the Holder of the Letter of Authorization the 5-year period of the regulations in § 216.120(a) must be conducted in a must notify the Administrator, this subpart, manner that minimizes, to the greatest Southwest Region, NMFS, by letter or (2) Launching up to 20 rockets each extent practicable, adverse impacts on telephone, at least 2 weeks prior to year from Vandenberg Air Force Base, marine mammals and their habitats. activities possibly involving the taking for a total of up to 100 rocket launches When conducting operations identified of marine mammals. If the authorized over the 5-year period of the regulations in § 216.120(a), the mitigation measures activity identified in § 216.120(a) is in this subpart, contained in the Letter of Authorization thought to have resulted in the mortality (3) Aircraft flight test operations, and issued under §§ 216.106 and 216.127 or injury of any marine mammals or in (4) Helicopter operations from must be implemented. These mitigation any take of marine mammals not Vandenberg Air Force Base. measures include (but are not limited identified in § 216.120(b), then the (b) The incidental take of marine to): Holder of the Letter of Authorization mammals on Vandenberg Air Force Base (1) All aircraft and helicopter flight must notify the Director, Office of and in waters off southern California, paths must maintain a minimum Protected Resources, NMFS, or under the activity identified in distance of 1,000 ft (305 m) from designee, by telephone (301–713–2289), paragraph (a) of this section, is limited recognized seal haul-outs and rookeries within 48 hours of the discovery of the to the following species: Harbor seals (e.g., Point Sal, Purisima Point, Rocky injured or dead animal.

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(b) Holders of Letters of Authorization (ii) Numbers of pinnipeds that may a period of time not to exceed the period must designate qualified, on-site have been harassed as noted by the of validity of this subpart, but must be individuals approved in advance by number of pinnipeds estimated to have renewed annually subject to annual NMFS, as specified in the Letter of entered the water as a result of launch renewal conditions in § 216.128. Authorization, to: noise, (b) Each Letter of Authorization will (1) Conduct observations on harbor (iii) The length of time pinnipeds set forth: seal, elephant seal, and sea lion activity remained off the haul-out or rookery, (1) Permissible methods of incidental in the vicinity of the rookery nearest the (iv) Numbers of pinniped adults, taking; launch platform or, in the absence of juveniles or pups that may have been (2) Means of effecting the least pinnipeds at that location, at another injured or killed as a result of the practicable adverse impact on the nearby haul-out, for at least 72 hours launch, and species, its habitat, and on the prior to any planned launch occurring (v) Behavioral modifications by availability of the species for during the harbor seal pupping season pinnipeds that were likely the result of subsistence uses (i.e., mitigation); and (1 March through 30 June) and continue launch noise or the sonic boom. (3) Requirements for mitigation, for a period of time not less than 48 (e) An annual report must be monitoring and reporting. hours subsequent to launching. submitted at the time of renewal of the (c) Issuance and renewal of the Letter (2) For launches during the harbor Letter of Authorization. of Authorization will be based on a seal pupping season (March through (f) A final report must be submitted at determination that the total number of June), conduct follow-up surveys within least 180 days prior to expiration of marine mammals taken by the activity 2 weeks of the launch to ensure that these regulations. This report will: as a whole will have no more than a there were no adverse effects on any (1) Summarize the activities negligible impact on the affected species marine mammals, undertaken and the results reported in or stock of marine mammal(s). (3) Monitor haul-out sites on the all previous reports, Northern Channel Islands, if it is § 216.128 Renewal of Letters of (2) Assess the impacts at each of the Authorization. determined by modeling that a sonic major rookeries, boom of greater than 1 psf could occur (3) Assess the cumulative impacts on (a) A Letter of Authorization issued in those areas (this determination will pinnipeds and other marine mammals under § 216.106 and § 216.127 for the be made in consultation with NMFS), from Vandenberg activities, and activity identified in § 216.120(a) will be (4) Investigate the potential for (4) State the date(s), location(s), and renewed annually upon: spontaneous abortion, disruption of findings of any research activities (1) Notification to NMFS that the effective female-neonate bonding, and related to monitoring the effects on activity described in the application other reproductive dysfunction, launch noise and sonic booms on submitted under § 216.126 will be (5) Supplement observations on marine mammal populations. undertaken and that there will not be a Vandenberg and on the Northern substantial modification to the Channel Islands with video-recording of § 216.126 Applications for Letters of described work, mitigation or mother-pup seal responses for daylight Authorization. monitoring undertaken during the launches during the pupping season, (a) To incidentally take marine upcoming 12 months; (6) Conduct acoustic measurements of mammals pursuant to the regulations in (2) Timely receipt of the monitoring those launch vehicles that have not had this subpart, the U.S. citizen (as defined reports required under § 216.125(d) and sound pressure level measurements by § 216.103) conducting the activity (e), and the Letter of Authorization made previously, and identified in § 216.120(a) (30th Space issued under § 216.127, which has been (7) Include multiple surveys each day Wing, U.S. Air Force) must apply for reviewed and accepted by NMFS; and that surveys are required that record the and obtain either an initial Letter of (3) A determination by NMFS that the species, number of animals, general Authorization in accordance with mitigation, monitoring and reporting behavior, presence of pups, age class, § 216.127 or a renewal under § 216.128. measures required under §§ 216.124 and gender and reaction to launch noise, (b) The application must be submitted 216.125 and the Letter of Authorization sonic booms or other natural or human to NMFS at least 30 days before the issued under §§ 216.106 and 216.127, caused disturbances, in addition to activity is scheduled to begin. were undertaken and will be undertaken recording environmental conditions (c) Applications for a Letter of during the upcoming annual period of such as tide, wind speed, air Authorization and for renewals of validity of a renewed Letter of temperature, and swell. Letters of Authorization must include Authorization. (c) Holders of Letters of Authorization the following: (b) If a request for a renewal of a must conduct additional monitoring as (1) Name of the U.S. citizen Letter of Authorization issued under required under an annual Letter of requesting the authorization, §§ 216.106 and 216.128 indicates that a Authorization. (2) A description of the activity, the substantial modification to the (d) Holders of Letters of Authorization dates of the activity, and the specific described work, mitigation or must submit a report to the Southwest location of the activity, and monitoring undertaken during the Administrator, NMFS, within 90 days (3) Plans to monitor the behavior and upcoming season will occur, NMFS will after each launch. This report must effects of the activity on marine provide the public a period of 30 days contain the following information: mammals. for review and comment on the request. (1) Date(s) and time(s) of the launch, (d) A copy of the Letter of Review and comment on renewals of (2) Design of the monitoring program, Authorization must be in the possession Letters of Authorization are restricted and of the persons conducting activities that to: (3) Results of the monitoring program, may involve incidental takings of (1) New cited information and data including, but not necessarily limited pinnipeds. indicating that the determinations made to: in this document are in need of (i) Numbers of pinnipeds present on § 216.127 Letters of Authorization. reconsideration, and the haul-out prior to commencement of (a) A Letter of Authorization, unless (2) Proposed changes to the mitigation the launch, suspended or revoked, will be valid for and monitoring requirements contained

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in these regulations or in the current Atmospheric Administration (NOAA), Mackerel, Squid, and Butterfish Letter of Authorization. Commerce. Fisheries (FMP) appear at 50 CFR part (c) A notice of issuance or denial of ACTION: Final rule. 648, subpart B. Regulations governing a renewal of a Letter of Authorization foreign fishing appear at 50 CFR part will be published in the Federal SUMMARY: This action implements 2009 600, subpart F. The regulations at Register. specifications and management §§ 648.21 and 600.516(c) require that measures for Atlantic mackerel, squid, NMFS, based on the maximum § 216.129 Modifications of Letters of and butterfish (MSB), and modifies optimum yield (Max OY) of each fishery Authorization. existing management measures. as established by the regulations, (a) Except as provided in paragraph Specifically, this action maintains annually publish a rule specifying the (b) of this section, no substantive quotas for Atlantic mackerel (mackerel), modification (including withdrawal or Illex squid (Illex), and butterfish at the amounts of the initial optimum yield suspension) to the Letter of same levels as 2008, while increasing (IOY), allowable biological catch (ABC), Authorization by NMFS, issued the quota for Loligo squid (Loligo). domestic annual harvest (DAH), and pursuant to §§ 216.106 and 216.127 and Additionally, this action increases the domestic annual processing (DAP), as subject to the provisions of this subpart incidental possession limit for mackerel well as, where applicable, the amounts shall be made until after notification and allows for the possibility of an for total allowable level of foreign and an opportunity for public comment inseason adjustment to increase the fishing (TALFF) and joint venture has been provided. For purposes of this mackerel quota, if landings approach processing (JVP) for the affected species paragraph, a renewal of a Letter of harvest limits. These specifications and managed under the FMP. In addition, Authorization under § 216.128, without management measures promote the these regulations allow specifications to modification (except for the period of utilization and conservation of the MSB be specified for up to 3 years, subject to validity), is not considered a substantive resource. annual review. The regulations found in modification. DATES: Effective March 9, 2009. § 648.21 also specify that IOY for squid (b) If the Assistant Administrator ADDRESSES: Copies of supporting is equal to the combination of research determines that an emergency exists documents used by the Mid-Atlantic quota (RQ) and DAH, with no TALFF that poses a significant risk to the well- Fishery Management Council (Council), specified for squid. For butterfish, the being of the species or stocks of marine including the Environmental regulations specify that a butterfish mammals specified in § 216.120(b), a Assessment (EA) and Regulatory Impact bycatch TALFF will be specified only if Letter of Authorization issued pursuant Review (RIR)/Initial Regulatory TALFF is specified for mackerel. to §§ 216.106 and 216.127 may be Flexibility Analysis (IRFA), are The Council adopted 2009 MSB substantively modified without prior available from: Daniel Furlong, specifications and management notification and an opportunity for Executive Director, Mid-Atlantic measures at its June 2008 meeting and public comment. Notification will be Fishery Management Council, Room submitted them to NMFS for review and published in the Federal Register 2115, Federal Building, 300 South New within 30 days subsequent to the action. approval. Initial submission was on Street, Dover, DE 19904–6790. The EA/ August 1, 2008, and final submission [FR Doc. E9–2582 Filed 2–5–09; 8:45 am] RIR/IRFA is accessible via the Internet was on September 18, 2008. A proposed BILLING CODE 3510–22–S at http://www.nero.nmfs.gov. NMFS rule for the 2009 MSB specifications prepared a Final Regulatory Flexibility and management measures was Analysis (FRFA), which is contained in published on November 17, 2008 (73 FR DEPARTMENT OF COMMERCE the Classification section of this rule. 67829), and the public comment period Copies of the FRFA and the Small Entity for the proposed rule ended on National Oceanic and Atmospheric Compliance Guide are available from Administration the Regional Administrator, Northeast December 17, 2008. Details concerning Regional Office, NMFS, 55 Great the Council’s development of these 50 CFR Part 648 Republic Drive, Gloucester, MA 01930– measures were presented in the preamble of the proposed rule and are [Docket No. 0808041043–9036–02] 2276, and are also available via the internet at http://www.nero.nmfs.gov. not repeated here. RIN 0648–AX16 FOR FURTHER INFORMATION CONTACT: Final MSB Specifications and Fisheries of the Northeastern United Carrie Nordeen, Fishery Policy Analyst, Management Measures for the 2009 States; Atlantic Mackerel, Squid, and 978–281–9272, fax 978–281–9135. Fishing Year Butterfish Fisheries; Specifications SUPPLEMENTARY INFORMATION: This action implements the following and Management Measures Background MSB specifications and management AGENCY: National Marine Fisheries Regulations implementing the Fishery measures for the 2009 fishing year, Service (NMFS), National Oceanic and Management Plan for the Atlantic which are described in detail below.

TABLE 1. FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2009 FISHING YEAR.

Specifications Loligo Illex Mackerel Butterfish

Max OY 32,000 24,000 N/A 12,175 ABC 19,000 24,000 156,000 1,500 IOY 18,8741 24,000 115,0002 500 DAH 18,874 24,000 115,0003 500 DAP 18,874 24,000 100,000 500 JVP 0 0 0 0

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TABLE 1. FINAL SPECIFICATIONS, IN METRIC TONS (MT), FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR 2009 FISHING YEAR.—Continued

Specifications Loligo Illex Mackerel Butterfish

TALFF 0 0 0 0 1 Excludes 125.6 mt for RQ. 2 IOY may be increased during the year, but the total ABC will not exceed 156,000 mt. 3 Includes a 15,000–mt catch of Atlantic mackerel by the recreational fishery.

Atlantic Mackerel relative to domestic production of public comment period. At the June mackerel. Consequently, if U.S. 2008 Council meeting, both the This action specifies the mackerel harvesters land mackerel in excess of mackerel industry and the Council ABC at 156,000 mt, based on the 100,000 mt, should the IOY be adjusted reiterated interest in increasing the formula ABC = T - C. T is the yield upward, U.S. processors have the mackerel IOY if landings approach the (211,000 mt) associated with a fishing capacity and intent to process it. IOY during the most active part of the mortality rate (F) that is equal to the fishing year (January-April). However, Mackerel Incidental Possession Limit target F (F= 0.12); C is the estimated the mackerel fishing season is short and catch of mackerel in Canadian waters Regulations at § 648.25(a) specify that, it would be difficult to implement a (55,000 mt) for the upcoming fishing during closures of the directed mackerel separate inseason action during the year. Thus, 211,000 mt minus 55,000 mt fishery, the incidental possession limit fishing season. To facilitate a timely results in the 2009 mackerel ABC of for mackerel is 20,000 lb (9.08 mt). In inseason adjustment to the mackerel 156,000 mt. This action also specifies response to a request from the industry, IOY, if necessary, public comment was the mackerel IOY at 115,000 mt, a level the Council recommended increasing solicited as part of the 2009 MSB that can be fully harvested by the the incidental mackerel possession limit specifications. In conjunction with this domestic fleet, thereby precluding the to minimize the potential for regulatory action, NMFS is adopting the same specification of TALFF, while allowing discarding of mackerel by the Atlantic protocol used in 2008 to guide the the U.S. mackerel industry to expand. herring fleet when mackerel and exercise of its discretion to make in- The Council heard from the industry Atlantic herring co-occur in the Gulf of season adjustments to annual that the availability of mackerel to the Maine during summer months. When specifications provided for fishery, not the industry’s ability to considering an incidental possession in§ 648.21(e). This protocol specifies harvest mackerel, has curtailed catch in limit increase, NMFS recognized that, that, if using landings projections and recent years. If mackerel are available to relative to the quota, few mackerel are all other available information, the the fishery in 2009, NMFS believes that landed after June 1, because they move Regional Administrator determines that it is reasonable to assume that the offshore and are largely unavailable to 70 percent of the Atlantic mackerel IOY commercial fishery will be able to U.S. pelagic fishing fleets. NMFS also will be landed during the 2009 fishing harvest 100,000 mt of mackerel. concluded that a moderate incidental year, the Regional Administrator will Therefore, this action specifies the possession limit increase is not make available additional quota for a mackerel DAH at 115,000 mt, which is anticipated to result in a quota overage total IOY of 156,000 mt of Atlantic the commercial harvest plus the 15,000 because it is unlikely that the buffer mackerel for harvest during 2009. mt anticipated to be harvested by the between the threshold at which the NMFS’s Northeast Fishery Statistic recreational fishery. Because IOY = directed mackerel fishery closes Office will summarize mackerel DAH, this specification is consistent (103,500 mt) and the IOY (115,000 mt) landings from dealer reports on a with the Council’s recommendation that would be landed between June 1 and weekly basis and post this information the level of IOY should not provide for December 31. Therefore, this action on the Northeast Regional Office TALFF. modifies the incidental possession limit website (http://www.nero.noaa.gov/). As recommended by the Council, this for mackerel to minimize the potential NMFS staff will closely monitor these action specifies the mackerel DAP at for regulatory discarding by the Atlantic landings and industry trends to 100,000 mt and the mackerel JVP at herring fleet in the Gulf of Maine, determine if an inseason adjustment is zero. In previous years, the Council without creating directed fishing for necessary. Additionally, if an inseason recommended a JVP greater than zero mackerel during a closure of the adjustment of the IOY is warranted, the because it believed U.S. processors mackerel fishery. Consistent with the Regional Administrator will notify the lacked the capacity to process the total Council’s recommendation, this action Council and the inseason adjustment amount of mackerel that U.S. harvesters specifies the mackerel incidental will be published in the Federal could land. However, for the past possession limit at 20,000 lb (9.08 mt) Register. several years, the Council has if the directed mackerel fishery closes recommended zero JVP because the prior to June 1, and at 50,000 lb (22.7 Atlantic Squids surplus between DAH and DAP has mt) if the directed mackerel fishery Loligo been declining as U.S. shore-based closes on or after June 1. Consistent with the revised biological processing capacity for mackerel has reference points and the analytical expanded. Again, the Council heard Inseason Adjustment of the Mackerel advice provided by the most recent from the industry that the availability of IOY Loligo stock assessment review mackerel to the fishery, rather than Regulations at § 648.21(e) provide that committee (SARC 34), this action processing capacity, has curtailed catch specifications may be adjusted inseason specifies the Loligo Max OY at 32,000 in recent years. Based on this during the fishing year by the Regional mt and the ABC at 19,000 mt. One information, the Council concluded, Administrator, in consultation with the scientific research project proposal and NMFS concurs, that processing Council, by publishing a notice in the requesting 125.6 mt of Loligo RQ was capacity is no longer a limiting factor Federal Register and providing a 30-day recommended for approval and will be

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forwarded to the NOAA Grants Office MSB regulations, the Council final rule, along with other non- for award. Therefore, this action adjusts recommended, and this action is preferred alternatives, will have on the Loligo IOY, DAH, and DAP to reflect specifying, zero TALFF for butterfish in small entities. the RQ, and specifies 2009 Loligo IOY, 2009 because zero TALFF is specified The FRFA incorporates the economic DAH, and DAP at 18,874 mt. The FMP for mackerel. impacts and analysis summarized in the does not authorize the specification of IRFA, a summary of the significant Comments and Responses JVP and TALFF for the Loligo fishery issues raised by the public, and a because of the domestic industry’s NMFS received one comment letter summary of analyses prepared to capacity to harvest and process the OY on the proposed 2009 MSB support the action (i.e., the EA and the for this fishery; therefore, there will be specifications and management RIR). The contents of these documents no JVP or TALFF in 2009. measures, and the commenter indicated are not repeated in detail here. A copy support for all proposed MSB of the IRFA, the RIR, and the EA are Distribution of the Loligo DAH specifications and management available upon request (see ADDRESSES). As was done in 2007 and 2008, this measures. A complete description of the reasons action allocates the 2009 Loligo DAH Changes From the Proposed Rule why this action is being considered, and into trimesters, consistent with the the objectives of and legal basis for this Council’s recommendation. The 2009 The proposed rule contained an action, is contained in the preamble to trimester allocations are as follows: arithmetic error in the calculation of the proposed and final rules and is not Loligo IOY, DAH, and DAP that must be repeated here. TABLE 2. TRIMESTER ALLOCATION OF corrected for the record. The Council Loligo QUOTA IN 2009 recommended that 3 percent of the 2009 Statement of Need for this Action Loligo, Illex, butterfish, and mackerel This action specifies 2009 Per- Trimester Metric Tons1 quotas be set aside to fund projects specifications and management cent selected under the 2009 Mid-Atlantic measures for MSB fisheries and RSA Program. At the time of the I (Jan-Apr) 43 8,116 modifies existing management measures II (May-Aug) 17 3,208 proposed rule, the project selection and to improve the management of MSB III (Sep-Dec) 40 7,550 award process for the 2009 Mid-Atlantic fisheries. Total 100 18,874 RSA Program had not concluded. The proposed rule specified that 3 percent of A Summary of the Significant Issues 1 Trimester allocations after 125.6 mt RQ Raised by the Public Comments in deduction. the Loligo ABC was 5,700 mt, when it should have been 570 mt, and reduced Response to the IRFA, a Summary of the Illex the Loligo IOY, DAH, and DAP to 13,300 Assessment of the Agency of Such This action specifies the Illex Max mt, rather than 18,430 mt. Issues, and a Statement of Any Changes OY, IOY, ABC, and DAH at 24,000 mt. Since the proposed rule was Made in the Proposed Rule as a Result The FMP does not authorize the published, the selection process for the of Such Comments specification of JVP or TALFF for the 2009 Mid-Atlantic RSA Program has NMFS received one comment letter in Illex fishery because of the domestic progressed, and one project requesting support of all proposed 2009 MSB fishing industry’s capacity to harvest 125.6 mt of Loligo RQ has been specifications and management and to process the IOY from this fishery. forwarded to the NOAA Grants Office measures; therefore, there are no Butterfish for award. Therefore, this action reduces changes from the proposed rule as a The status of the butterfish stock was the 2009 Loligo ABC of 19,000 mt by result of that comment letter. No most recently assessed in late 2004 and 125.6 mt, resulting in a 2009 Loligo IOY, comments were received about the IRFA that assessment concluded that, while DAH, and DAP of 18,874 mt. If any or the general economic effects of the overfishing of the stock is not occurring, portion of the RQ is not awarded, NMFS proposed rule. the stock is overfished. Based on this will return any un-awarded RQ to the Description and Estimate of Number of information, the Council was notified by commercial fishery through the Small Entities to Which the Rule Will NMFS on February 11, 2005, that the publication of a separate notice in the Apply butterfish stock was designated as Federal Register. overfished, pursuant to the Based on permit data for 2007, the requirements of section 304(e) of the Classification number of potential fishing vessels in Magnuson-Stevens Fishery Pursuant to section 304(b)(1)(A) of the the 2009 fisheries are as follows: 383 for Conservation and Management Act Magnuson-Stevens Act, the NMFS Loligo/butterfish, 78 for Illex, 2,462 for (Magnuson-Stevens Act), and the Acting Assistant Administrator has mackerel, and 2,108 vessels with Council developed a proposed determined that this rule is consistent incidental catch permits for squid/ rebuilding plan for the butterfish stock with the Atlantic Mackerel, Squid, and butterfish. There are no large entities in Amendment 10 to the FMP Butterfish FMP, other provisions of the participating in this fishery, as defined (Amendment 10). While the rebuilding Magnuson-Stevens Act, and other in section 601 of the RFA. Therefore, program was being developed in applicable law. there are no disproportionate economic Amendment 10, the Council This action is authorized by 50 CFR impacts on small entities. Many vessels recommended restricting butterfish part 648 and has been determined to be participate in more than one of these landings to recent landings levels to not significant for purposes of Executive fisheries; therefore, permit numbers are prevent an expansion of the fishery and Order 12866 (E.O. 12866). not additive. to protect the stock. Therefore, for 2009, NMFS, pursuant to section 604 of the as in 2008, this action sets the Max OY Regulatory Flexibility Act, has prepared Description of Projected Reporting, at 12,175 mt; the ABC at 1,500 mt; and a final regulatory flexibility analysis Recordkeeping, and Other Compliance the IOY, DAH, and DAP at 500 mt. (FRFA), included in this final rule, in Requirements Harvest at these levels should prevent support of the 2009 MSB specifications This action does not contain any new overfishing of the butterfish stock in and management measures. The FRFA collection-of-information, reporting, 2009. Additionally, consistent with describes the economic impact that this recordkeeping, or other compliance

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requirements. It does not duplicate, The Illex IOY (24,000 mt) specified in mackerel during a fishery closure early overlap, or conflict with any other this action represents status quo as in the year (January-April). Differences Federal rules. compared to 2008. Landings were in incidental possession limits may 26,098 mt in 2004, 12,032 mt in 2005, affect behavior and effort during Description of the Steps the Agency has 13,944 mt in 2006, and 9,022 mt in closures of the directed fishery; taken to Minimize the Significant 2007. Implementation of this action will however, all alternatives are expected to Economic Impact on Small Entities not result in a reduction in revenue or result in the same total landings for Consistent with the Stated Objectives of a constraint on the fishery in 2009. 2009. Applicable Statutes, Including a Based on 2007 data, the Illex fishery For Loligo, alternatives to this action Statement of the Factual, Policy, and could increase its landings by 14,978 mt would have set the Max OY at 26,000 Legal Reasons for Selecting the in 2009, if it takes the entire IOY. Using mt and ABC, IOY, DAH, and DAP at Alternative Adopted in the Final Rule the average value for Illex from 2007 17,000 mt (status quo) or Max OY at and Why Each One of the Other ($428 per mt), the Illex fishery could see 32,000 mt and ABC, IOY, DAH, and Significant Alternatives to the Rule an increase in revenues of $6,410,584 as DAP at 23,000 mt (least restrictive). Considered by the Agency Which Affect a result of the 2009 IOY (24,000 mt). These alternatives were not adopted by the Impact on Small Entities was The butterfish IOY specified in this the Council because they were either Rejected action (500 mt) represents status quo, as not consistent with the revised reference Actions Implemented with the Final compared to 2008, and represents only points from SARC 34 (status quo) or not Rule a minimal constraint to vessels relative consistent with the management to the landings in recent years. Due to recommendations from SARC 34 and The mackerel IOY specified in this market conditions, there has been not did not consider the uncertainty action (115,000 mt, with 15,000 mt been a directed butterfish fishery in associated with the Loligo stock allocated to recreational catch) recent years; therefore, recent landings assessment model (least restrictive). represents status quo, as compared to have been low. Landings were 537 mt in For Illex, one alternative considered 2008, and is no constraint to vessels 2004, 437 mt in 2005, 554 mt in 2006, would have set Max OY, ABC, IOY, relative to the landings in recent years. and 673 mt in 2007. Given the lack of DAH, and DAP at 30,000 mt. This Landings were 55,528 mt in 2004, a directed butterfish fishery and low alternative would allow harvest far in 43,246 mt in 2005, 58,279 mt in 2006, butterfish landings, this action is not excess of recent landings in this fishery. and 24,446 mt in 2007. This action expected to reduce revenues in this Therefore, there would be no constraints allows for an inseason adjustment, if fishery more than minimally. Based on and, thus, no revenue reductions, landings approach the IOY early in the 2007 data, the value of butterfish was associated with this alternative. fishing year, to increase the IOY up to $1,602 per mt, so a reduction from 2007 However, the Council considered this the ABC (156,000 mt). Therefore, no would represent a fishery- wide loss of alternative unacceptable because an reductions in revenues for the mackerel only $277,146. ABC specification of 30,000 mt may not fishery are expected as a result of this prevent overfishing in years of moderate action; in fact, an increase in revenues Alternatives to the Actions in the Final to low abundance of Illex. Another as a result of this action is possible. Rule alternative considered would have set Based on 2007 data, the mackerel The Council analysis evaluated three MAX OY at 24,000 mt and ABC, IOY, fishery could increase its landings by alternatives for mackerel, and all of DAH, and DAP at 19,000 mt. The 90,554 mt in 2009, if it takes the entire them would have set the ABC at 156,000 Council considered this alternative IOY. In 2007, the last year for which mt, IOY at 115,000 mt, and maintained unacceptable because it was complete financial data are available, the status quo trigger for closing the unnecessarily restrictive. the average value for mackerel was $258 directed fishery. This ABC and IOY do For butterfish, one alternative per mt. Using this value, the mackerel not represent a constraint on vessels in considered would have set the ABC at fishery could see an increase in this fishery, so no negative impacts on 4,525 mt, and IOY, DAH, and DAP at revenues of $23,362,932 as a result of revenues in this fishery are expected as 1,861 mt; while another would have set the 2009 IOY (115,000 mt), and an a result of these alternatives. These ABC at 12,175 mt, and IOY, DAH, and additional increase in revenues of alternatives only differed from this DAP 9,131 mt. These amounts exceed $10,578,000 as a result of the action with respect to incidental the landings of this species in recent adjustment to increase the IOY up to the possession limits. This action specifies years. Therefore, neither alternative ABC (156,000 mt). the incidental mackerel possession limit represents a constraint on vessels in this The Loligo ABC (19,000 mt) specified at 20,000 lb (9.08 mt) if the directed fishery or would reduce revenues in the in this action represents a potential for mackerel fishery closes prior to June 1, fishery. However, neither of these increased landings when compared to and at 50,000 lb (22.7 mt) if the directed alternatives were adopted by the the 2008 ABC (17,000 mt). Landings mackerel fishery closes on or after June Council because they would likely were 15,447 in 2004, 16,984 mt in 2005, 1. The alternatives to this action would result in overfishing and the additional 15,880 mt in 2006, and 12,342 mt in have specified incidental mackerel depletion of the spawning stock biomass 2007. No reductions in revenues for the possession limits at 20,000 lb (9.08 of an overfished species. Loligo fishery are expected as a result of mt)(status quo) and at 50,000 lb (22.7 this action; in fact, an increase in mt)(least restrictive). These alternatives Small Entity Compliance Guide revenues as a result of this action is were not adopted by the Council Section 212 of the Small Business possible. Based on 2007 data, the Loligo because the status quo incidental Regulatory Enforcement Fairness Act of fishery could increase its landings by possession limit could have resulted in 1996 states that, for each rule or group 6,658 mt in 2009, if it takes the entire the regulatory discarding of mackerel by of related rules for which an agency is ABC. Using the average value for Loligo the Atlantic herring fishery in the Gulf required to prepare a FRFA, the agency from 2007 ($1,883 per mt), the Loligo of Maine and, if mackerel are available shall publish one or more guides to fishery could see an increase in to the fishery in 2009, the least assist small entities in complying with revenues of $12,537,014 as a result of restrictive incidental possession limit the rule, and shall designate such the 2009 ABC (19,000 mt). may have encouraged targeting on publications as ‘‘small entity

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compliance guides.’’ The agency shall Dated: February 2, 2009. mackerel fishery that occurs prior to explain the actions a small entity is James W. Balsiger, June 1, vessels may not fish for, possess, required to take to comply with a rule Acting Assistant Administrator For Fisheries, or land more than 20,000 lb (9.08 mt) of or group of rules. As part of this National Marine Fisheries Service. Atlantic mackerel per trip at any time, rulemaking process, a small entity ■ For the reasons set out in the and may only land Atlantic mackerel compliance guide was prepared. The preamble, 50 CFR part 648 is amended once on any calendar day, which is guide will be sent to all holders of as follows: defined as the 24–hr period beginning at permits issued for the MSB fisheries. In 0001 hours and ending at 2400 hours. addition, copies of this final rule and PART 648—FISHERIES OF THE During a closure of the directed fishery NORTHEASTERN UNITED STATES guide (i.e., permit holder letter) are for butterfish that occurs on or after June available from the Regional ■ 1. The authority citation for part 648 1, vessels may not fish for, possess, or Administrator and are also available continues to read as follows: land more than 50,000 lb (22.7 mt) of from NMFS, Northeast Region (see Authority: 16 U.S.C. 1801 et seq. Atlantic mackerel per trip at any time, ADDRESSES). ■ 2. In § 648.25, paragraph (a) is revised and may only land Atlantic mackerel once on any calendar day. List of Subjects in 50 CFR Part 648 to read as follows: * * * * * § 648.25 Possession restrictions. Fisheries, Fishing, Recordkeeping and [FR Doc. E9–2581 Filed 2–5–09; 8:45 am] reporting requirements. (a) Atlantic mackerel. During a closure of the directed Atlantic BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 74, No. 24

Friday, February 6, 2009

This section of the FEDERAL REGISTER form.’’ This form may then be moved to Evaluation contains estimates on costs contains notices to the public of the proposed your computer desktop, where you can of the rule without input from affected issuance of rules and regulations. The type in your comments. You may then carriers and that other estimates are purpose of these notices is to give interested attach the form when you submit your vastly underestimated. In particular, persons an opportunity to participate in the comments to the docket. ATA points to costs associated with rule making prior to the adoption of the final If you do not use the standard form, rules. litigation that it asserts will result if you must include the agency name and carriers are required to make docket number DOT–OST–2007–0022 contingency plans or customer service or the Regulatory Identification Number DEPARTMENT OF TRANSPORTATION plans part of their contracts of carriage, (RIN) for the rulemaking at the costs of developing Web sites to contain Office of the Secretary beginning of your comment. All comments received will be posted information not currently required to be provided consumers, and costs on 14 CFR Parts 234, 259, and 399 without change to http:// www.regulations.gov, including any carriers and the public of any [Docket No. OST–2007–0022] personal information provided. requirement dictating maximum tarmac RIN 2105–AD72 FOR FURTHER INFORMATION CONTACT: delay times. ATA also points, in support Daeleen Chesley or Blane Workie, Office of its request for additional time, to the Enhancing Airline Passenger of Assistant General Counsel for coordination it claims will be necessary Protections Aviation Enforcement and Proceedings, on the rule and notes that the comment period includes the end-of-year holiday. AGENCY: Office of the Secretary (OST), 1200 New Jersey Ave., SW., W96–414, As of January 13, 2009, no comments U.S. Department of Transportation Washington, DC 29590. Phone: 202– (DOT). 366–9342. TTY: 202–366–0511. Fax: were filed in response to ATA’s request. 202–366–7152. E-mail: ACTION: Extension of comment period on We have decided to grant an [email protected] or proposed rule. extension of 31 days time, or until [email protected]. March 9, 2009, for the public to SUMMARY: The Department is extending SUPPLEMENTARY INFORMATION: On comment on the NPRM. In doing so, we through March 9, 2009, the period for December 8, 2008, 73 FR 74586, Dec. 8, note that ATA and other interested interested persons to submit comments 2008, the Department of Transportation parties already have had a significant to its proposed rule on enhancing (DOT or Department) published in the amount of time to review and analyze airline passenger protections. Federal Register a notice of proposed the matters at issue in the NPRM, DATES: Comments must be received by rulemaking (NPRM) that proposed to including providing the Department March 9, 2009. Comments received after enhance airline passenger protections in with the cost data it says is necessary. this date will be considered to the the following ways: By requiring air On November 18, 2008, 20 days prior to carriers to adopt contingency plans for extent practicable. the December 8, 2008, publication of the lengthy tarmac delays and incorporate ADDRESSES: You may file comments NPRM in the Federal Register, which them in their contracts of carriage, by identified by the docket number DOT– began the 60-day comment period, the OST–2007–0022 by any of the following requiring air carriers to respond to consumer problems, by deeming the Department published the proposal in methods: its own public docket system and • Federal eRulemaking Portal: go to continued operation of a flight that is publicized that fact. Thus, all interested http://www.regulations.gov and follow chronically late to be unfair and the online instructions for submitting deceptive in violation of 49 U.S.C. parties would have had 80 days to written comments. A standard form has 41712, by requiring air carriers to review and comment on the proposals, been created for those who wish to use publish information on flight delays on even without the additional 31 days we it in submitting comments. their Web sites, and by requiring air are now granting. Moreover, most of the • Mail: Docket Management Facility, carriers to adopt customer service plans, issues encompassed by the NPRM are U.S. Department of Transportation, 1200 incorporate these into their contracts of not by any means new to ATA and other New Jersey Ave., SE., Room W12–140, carriage, and audit their own interested parties, since they were first Washington, DC 20590–0001. compliance with their plans. Comments proposed for comment approximately • Hand Delivery or Courier: West on the matters proposed are due 60 days 14 months ago in an Advance Notice of Building Ground Floor, Room W12–140, after publication of the NPRM, or by Proposed Rulemaking, issued November 1200 New Jersey Ave., SE., between 9 February 6, 2009. 15, 2007, on which ATA among others a.m. and 5 p.m. ET, Monday through On December 30, 2008, the Air commented. Accordingly, the Friday, except Federal Holidays Transport Association (ATA) requested Department finds that good cause exists • Fax: (202) 493–2251. an extension of 60 days time in the to extend the time for comments on the We strongly encourage you to use the comment period for this rulemaking. proposed rule from February 6, 2009, to standard form to submit comments. To According to ATA, the extension of time March 9, 2009. access the form, go to http:// is needed in order for it to develop a www.regulations.gov and use the more complete and accurate cost-benefit SEARCH DOCUMENTS field provided analysis of the proposed rule than is to input the docket number for this contained in the Initial Regulatory rulemaking. You can then search the Evaluation. In support of its request, index for ‘‘Public comment standard ATA states that the Initial Regulatory

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Issued in Washington, DC, this 29th day of Background Process involving Comments, Proposals, January 2009, under authority assigned to me and Public Meetings; Compliance with by 14 CFR 385.17 (c). Under Title VIII of the Alaska National Interest Lands Conservation Statutory and Regulatory Authorities; Neil R. Eisner, Act (ANILCA) (16 U.S.C. 3111–3126), and discussion of our original proposed Assistant General Counsel, Office of the Secretary of the Interior and the rule, see 74 FR 5127. Regulation and Enforcement, U.S. Dated: January 29, 2009. Department of Transportation. Secretary of Agriculture (Secretaries) jointly implement the Federal Rowan Gould, [FR Doc. E9–2548 Filed 2–5–09; 8:45 am] Subsistence Management Program Acting Director, U.S. Fish and Wildlife BILLING CODE 4910–9X–P (program). This program grants a Service. preference for subsistence uses of fish Dated: February 3, 2009. and wildlife resources on Federal public Abigail Kimbell, DEPARTMENT OF AGRICULTURE lands and waters in Alaska. The Chief of the U.S. Forest Service. Secretaries originally published [FR Doc. E9–2608 Filed 2–4–09; 11:15 am] Forest Service regulations to carry out the program in the Federal Register on May 29, 1992 BILLING CODES 3410–11–P; 4310–55–P 36 CFR Part 242 (57 FR 22940), and the program has subsequently amended these regulations DEPARTMENT OF THE INTERIOR several times. Because this program is a POSTAL SERVICE joint effort between Interior and 39 CFR Part 111 Fish and Wildlife Service Agriculture, its regulations are located in two titles of the Code of Federal New Standards for Domestic Mailing Regulations (CFR): Title 36, ‘‘Parks, 50 CFR Part 100 Services, Revised Proposal Forests, and Public Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR TM [FWS–R7—SM–2009–0001; 701 01–I 261– AGENCY: Postal Service . 0000L6] 242.1–28 and 50 CFR 100.1–28, ACTION: Proposed rule; supplemental. respectively. Among other things, subpart D of SUMMARY: On January 29, 2009, the RIN 1018–AW3O these regulations set forth specific Postal Service published a proposed Subsistence Management Regulations harvest seasons and limits. Subpart D rule to provide mailing standards that for Public Lands in Alaska—2010–11 regulations are subject to periodic would accompany new prices for and 2011–12 Subsistence Taking or review and revision. The Federal mailing services in 2009 and 2010. Wildlife Regulations Subsistence Board completes the Upon further review, the Postal Service biennial process of revising subsistence has determined that it is appropriate to AGENCIES: Forest Service, Agriculture; hunting and trapping regulations for make certain changes in its initial Fish and Wildlife Service, Interior. wildlife in even-numbered years and proposal. In particular, language has ACTION: Proposed rule; withdrawal. subsistence fishing and shellfish been inserted to clarify that proposed regulations in odd-numbered years; new standards relating to static charge SUMMARY: In accordance with the public proposal and review processes and coefficient of friction standards for January 20, 2009, memorandum take place during the preceding year. automation and machinable letters ‘‘Regulatory Review,’’ signed by Chief of The Board also addresses customary and would be recommended, not mandatory, Staff Rahm Emanuel, we, the U.S. Forest traditional use determinations during and a proposal to revise the standards Service and U.S. Fish and Wildlife the applicable biennial cycle. for window envelopes on letter-size Service, withdraw our proposed rule On January 29, 2009 (74 FR 5127), we envelopes has been removed. For published January 29, 2009, to establish published a proposed rule in the purposes of clarity and convenience, the regulations for hunting and trapping Federal Register revising the subpart D entire revised version of the proposed seasons, harvest limits, methods, and regulations that set forth specific harvest rule is being published for comment. means related to taking of wildlife for seasons and limits for wildlife and the DATES: We must receive your comments subsistence uses in Alaska during the subpart C customary and traditional use on or before March 9, 2009. determinations. The text of the 2008–10 2010–11 and 2011–12 regulatory years. ADDRESSES: Mail or deliver written subparts C and D final rule that DATES: Effective February 4, 2009, the comments to the Manager, Mailing published June 24, 2008 (73 FR 35726), Forest Service and the Fish and Wildlife Standards, U.S. Postal Service, 475 serve as the text for our 2010–12 Service withdraw the joint proposed L’Enfant Plaza, SW., Room 3436, subparts C and D proposed rule (January rule published January 29, 2009 (74 FR Washington, DC 20260–3436. You may 5127). 29, 2009, 74 FR 5127). We are withdrawing this rule because inspect and photocopy all written FOR FURTHER INFORMATION CONTACT: For publication did not follow the comments at USPS Headquarters Fish and Wildlife Service questions, requirements set forth in a January 20, Library, 475 L’Enfant Plaza, SW., 11th contact Peter 3. Probasco, Chair, Federal 2009, memorandum signed by the Floor N, Washington, DC, between 9 Subsistence Board, c/o U.S. Fish and President’s Chief of Staff. That a.m. and 4 p.m., Monday through Wildlife Service, Office of Subsistence memorandum requires Administration Friday. E-mail comments, containing Management, at (907) 786–3888 appointees to review rules prior to the name and address of the commenter, (telephone) or [email protected] (e- publication. This rule did not receive may be sent to: mail). For National Forest System lands complete Administration review. [email protected], with a questions, contact Steve Kessler, For more about the background and subject line of ‘‘Price-related Proposal Regional Subsistence Program Leader, structure of the Federal Subsistence Comments.’’ Faxed comments are not USDA, Forest Service, Alaska Region, at Program, Federal Subsistence Board, accepted. (907) 743–9461 (telephone). and Federal Subsistence Regional FOR FURTHER INFORMATION CONTACT: Bill SUPPLEMENTARY INFORMATION: Advisory Councils; our Public Review Chatfield, 202–268–7278.

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SUPPLEMENTARY INFORMATION: On surfaces, and letters with keys, coins or height and length dimensions by January 29, 2009, the Postal Service similar objects that are either loose or including polywrap selvage when published a proposed rule to provide thick enough to make a letter measuring for maximum dimensions mailing standards that would nonuniform in thickness, render letters because selvage that extends beyond the accompany new prices for mailing nonmachinable. Letters that do not meet maximum height or length may interfere services in 2009 and 2010. Federal the ‘‘automation-compatible’’ physical with efficient processing. We would not Register 74 FR 5130. This supplemental standards in DMM 201.3.0 would be include selvage when measuring for filing makes appropriate changes in the considered nonmachinable letters. minimum dimensions, however, original proposed rule, as discussed We propose to allow optional because the selvage is not substantial below. sortation of First-Class Mail® and ® enough for it to be considered part of a The Postal Service’s proposed rule Standard Mail automation letters and uniformly thick flat. Polywrap products includes: Several mail classification Standard Mail machinable letters to all approved for flats are available from a changes, modifications to mailpiece applicable sort levels, with prices number of independent vendors and the characteristics, and changes in matching the level of sortation chosen. approval process for these products is classification terminology. This Note: Language in the original version of described in DMM 301 and on the USPS proposed rule contains the revisions to this proposed rule which would have revised Rapid Information Bulletin Board Mailing Standards of the United States the standards for window envelopes on (RIBBSTM) Web site at http:// letter-size envelopes has been removed. Postal Service, Domestic Mail Manual ribbs.usps.gov. (DMM®) that we would adopt to Accordingly, this revised proposal no longer implement the new prices. Additional contains proposed changes to sections 202, Effective in May 2009, we propose to 302, and 600 of Mailing Standards of the changes will be included in a separate extend the deflection standards, United States Postal Service, Domestic Mail currently applicable to automation flats, final rule to support prices established Manual (DMM), which appeared in the by the Governors. previously published proposal. to all flat-size mailpieces, except those We think it is vital to share proposed mailed at saturation carrier route prices. modifications to mailing standards as Flats The deflection standards change to allow one inch less of vertical deflection far in advance as possible; therefore, Effective in May 2009, we plan to (droop) than is currently allowed. We included are additional proposed extend the eligibility for automation propose to eliminate the current revisions scheduled for implementation prices to certain flat-size mailpieces that in May 2010. We summarize the are not able to meet the flexibility exception for oblong flats (those with a revisions by shape for 2009 and 2010, standards in DMM 301.1.3, but that are bound edge on the shorter side) so all and provide proposed changes to the able to demonstrate flats machine flats would be tested with the length mailing standards in the DMM. We compatibility through a Pricing and placed perpendicular to the edge of a invite your comments on the proposed Classification Service Center (PCSC)– flat surface. The broader application and standards. administered testing process. Some flat- revision of deflection standards will improve processing efficiencies within Proposed Changes for Letters and Flats size mailpieces containing rigid items for May 2009 process adequately on USPS® flats- USPS systems, assuring better sorting equipment when the surface of machinability of flat-size mailpieces. Letters the mailpiece does not fit too tightly We propose to simplify mail In May 2009, we propose alignment of around the contents. Once inducted, preparation by eliminating the bundling standards for commercial machinable those pieces with rigid contents, but requirements for First-Class Mail and automation letters so all machinable with a surface that can be grasped at commercial flats. The new tray-based letters have the physical characteristics induction, may be processed efficiently. standards streamline mail preparation required of automation letters, with the Because machine compatibility for these and processing and improve efficiency exception of a qualifying barcode. mailpieces may be defined by a number for this type of mail. Similar to the Commercial letters that are not of characteristics, each type of mailpiece current tray-based preparation option machinable are mailed as must be individually analyzed to ensure for First-Class Mail flats, prices will be nonmachinable letters. that it will process efficiently. We based on the sort level of the tray. We propose a new minimum 0.009 propose to allow mailers of flat-size Mailers may improve efficiency by inch thickness standard for automation pieces containing rigid items to mail at eliminating bundling, and the minimum and machinable letters. automation flats prices after they obtain number of pieces per tray will be If letter surfaces are too glossy, pieces PCSC approval. Those pieces that do not changed to 50 pieces within a tray, may double-feed into processing meet the published flexibility standards rather than the 90 pieces required today. machines, and it can be difficult to for flats, but were authorized to mail at handle groups of letters when inducted flats prices by PCSC approval, would be Parcels or removed from machines. We propose required to be marked ‘‘Automation We remove definitions of irregular new recommended static charge and Flat.’’ coefficient of friction standards for We propose that the polywrap parcels from the mail preparation automation and machinable letters to standards in DMM 301.3.3, currently standards in DMM 465, 475, and 485, avoid excessive static charge and allow applicable only to automation flats, be and provide references to the current all letters to be handled efficiently when extended to all flat-size mailpieces definition of irregular parcels in DMM inducted and removed from processing using polywrap including saturation 401. equipment. We will continue to explore carrier route flats. The use of Overview of Proposed Changes for 2010 the development of testing methods and automation-compatible polywrap on all mailpiece design factors that impact flat-size mailpieces improves mail These initial changes proposed for static charge and coefficient of friction. processing efficiency and applies May 2010 include modifications that Our proposed rule revises the list of standardization and consistency for enhance processing and delivery nonmachinable characteristics. We mailers of polywrapped flats. We also efficiency while continuing to offer clarify that letters with nonpaper propose to redefine measurement of mailers choices.

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Flats that would have been mailed as NFMs 601.6.3 do not make mailpieces We propose to merge standards for can likely qualify as Standard Mail nonmachinable. nonautomation and automation flats in parcels. Some NFMs, with * * * * * May 2010; requiring all machinable modifications, might be mailable as [Revise item d to clarify that letters flats, whether or not they are barcoded, machinable or irregular flats in 2010. are nonmachinable when certain items to have the same physical General are loose or when they cause the characteristics. The terminology would thickness to be uneven, as follows:] likely change to machinable, barcoded We encourage customers to comment d. Contains items such as pens, machinable, and irregular flats. on the May 2010 proposed changes and pencils, keys, or coins that cause the We propose new flexibility standards hope that this notice provides the thickness of the mailpiece to be uneven; for May 2010. Current standards in opportunity for mailers to prepare for or loose keys or coins or similar objects DMM 301.1.3 describe minimum possible operation changes ahead of the not affixed to the contents within the flexibility as demonstrated by proposed May 2010 effective date. mailpiece. Loose items may cause a ‘‘tabletop’’ flexibility tests. Effective Although we are exempt from the letter to be nonmailable when mailed in May 2009, we are proposing to extend notice and comment requirements of the paper envelopes; see 601.2.3, Odd- automation prices to certain flat-size Administrative Procedure Act [5 U.S.C Shaped Items in Paper Envelopes. mailpieces not able to meet the of 553(b), (c)] regarding proposed * * * * * flexibility standards in 301.1.3, but able rulemaking by 39 U.S.C. 410(a), we [Revise item h by referring to sealing to demonstrate flat machine invite public comments on the standards in 201.3.14.1 for all self- compatibility through a PCSC- following proposed revisions to Mailing mailers as follows:] administered testing process. Delivery Standards of the United States Postal h. Is a self-mailer that is not prepared of rigid pieces is often more costly than Service, Domestic Mail Manual (DMM), according to 201.3.14.1. delivery of foldable flats. For May 2010, incorporated by reference in the Code of [Revise item i by referring to sealing we propose the flexibility standards Federal Regulations. See 39 CFR Part standards in 201.3.14.2 for all booklets noted above, be replaced with a single 111. as follows:] i. Is a booklet that is not prepared flexibility standard requiring all List of Subjects in 39 CFR Part 111 machinable flat-size mailpieces to be according to 201.3.14.2. foldable, parallel to the length, to a Administrative practice and * * * * * procedure, Postal Service. height no greater than 5 inches. Flat-size 200 Commercial Mail Letters and pieces failing to meet this level of Accordingly, 39 CFR part 111 is Cards flexibility may be categorized as proposed to be amended as follows: irregular flats. 201 Physical Standards We propose to modify standards in PART 111—[AMENDED] 1.0 Physical Standards for May 2010 for all flats, except those Machinable Letters and Cards mailed as saturation carrier route, to 1. The authority citation for 39 CFR prevent inserts from falling out of the part 111 continues to read as follows: 1.1 Physical Standards for Machinable Letters host flat-size mailpiece during normal Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, sortation and delivery. We propose that 401, 403, 404, 414, 416, 3001–3011, 3201– 1.1.1 Dimensional Standards for loose inserts less than 75% of the size 3219, 3403–3406, 3621, 3622, 3626, 3632, Letters 3633, and 5001. of a host mailpiece be limited to single- Letter-size mail is: ply unfolded cards, when the mailpiece 2. Revise the following sections of [Revise item a to increase minimum is not enclosed in polywrap, an Mailing Standards of the United States thickness to 0.009 inch as follows:] envelope, or other wrapper. Allowable 1 Postal Service, Domestic Mail Manual a. Not less than 5 inches long, 3 ⁄2 loose inserts should be injected well (DMM), as follows: inches high, and 0.009-inch thick. into the body of the mailpiece. * * * * * 100 Retail Mail Letters, Cards, Flats, Irregular Flats and Parcels 1.1.3 All Machinable Letters For May 2010, we propose a new 101 Physical Standards [Revise the first sentence of 1.1.3 as ‘‘irregular flats’’ category. This category 101.1 Physical Standards for Letters follows:] encompasses two types of flat-size All pieces of First-Class Mail and mailpieces. One example is a flat-size * * * * * Standard Mail machinable letters must piece that is machinable, but with 1.2 Nonmachinable Criteria meet the standards for automation- parcel-like characteristics that affect compatible letters in 201.3.0. * * * deliverability, such as pieces with rigid A letter-size piece is nonmachinable * * * * * contents because the pieces cannot be (see 6.4) if it has one or more of the folded. Another type of irregular flat following characteristics (see 601.1.4 to 2.0 Physical Standards for would be one that is foldable with determine the length, height, top, and Nonmachinable Letters favorable delivery characteristics, but is bottom of a mailpiece): 2.1 Criteria for Nonmachinable not machinable, such as flimsy pieces Letters that are difficult to process on * * * * * automation equipment. [Revise item b to add that any [Revise 2.1 by noting that letters not nonpaper exterior surface is made of paper or that do not meet Not Flat-Machinable (NFMs) nonmachinable as follows:] automation-compatibility standards are In 2007, we created a NFM category b. Is polybagged, polywrapped, nonmachinable; that all letters over 3.3 for Standard Mail items that could not enclosed in any plastic material, or has ounces must have a barcode and claim meet revised automation flats standards. an exterior surface made of a material an automation letter price to avoid a In May 2010, we propose to discontinue that is not paper. Paper envelopes with surcharge; and by removing the or redefine the NFM category. Pieces windows prepared under 202.5.8 and individual listed items as follows:]

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A letter-size piece is nonmachinable if or entry 3-digit/scheme); overflow d. Mixed AADC: Required (no it has an exterior surface that is not allowed; for Line 1, use L002, Column minimum); group pieces by AADC made of paper or if it does not meet the B. when overflow pieces from AADC trays standards in 201.3.0. In addition, a c. AADC: Optional, but required for are placed in mixed AADC trays. For letter-size piece is nonmachinable if it AADC price (150-piece minimum); Line 1 labeling: use L011, Column B. weighs more than 3.3 ounces (up to 3.5 overflow allowed; group pieces by 3- Use L010, Column B if entered at an ounces) unless it has a barcode and is digit (or 3-digit scheme) ZIP Code when ASF or BMC or for mail placed on an eligible for and claims automation letter overflow pieces from 3-digit trays are ASF, BMC, or SCF pallet under the prices or Standard Mail Enhanced placed in AADC trays. For Line 1, use option in 705.8.10.3. Carrier Route letter prices. L801, Column B. * * * * * * * * * * d. Mixed AADC: Required (no minimum); group pieces by AADC 300 Commercial Mail Flats 3.0 Physical Standards for when overflow pieces from AADC trays 301 Physical Standards Automation Letters and Cards are placed in mixed AADC trays. For 1.0 Physical Standards for Flats * * * * * Line 1 use L201; for mail originating in ZIP Code areas in Column A, use * * * * * 3.2 Dimensions and Shape Standards ‘‘MXD’’ followed by city, state, and 3- for Automation Letters digit ZIP Code prefix in Column C (use 1.2 Length and Height of Flats Each letter-size piece must be ‘‘MXD’’ instead of ‘‘OMX’’ in the [Revise the text of 1.2 by adding new rectangular (see 1.1.1) and: destination line and ignore Column B). third and fourth sentences about selvage * * * * * * * * * * as follows:] [Revise item c to increase minimum * * * When determining the 240 Standard Mail thickness to 0.009 inch as follows:] maximum height or length of a flat, c. For thickness, no more than 0.25 * * * * * include any selvage of polywrap material that may enclose the piece. inch, or less than 0.009 inch thick, 245 Mail Preparation except for cards mailed at First-Class When determining the minimum height Mail postcard prices. Cards eligible for * * * * * or length of a flat, do not include the selvage of any polywrap material that and mailed at postcard prices may be no 5.0 Preparing Nonautomation Letters more than 0.016 inch thick or less than may enclose the piece. 0.007 inch thick. * * * * * * * * * * [Renumber current 3.3 through 3.15 as 5.3 Machinable Preparation [Renumber current 1.5 as new 1.7.] new 3.4 through 3.16.] [Move 301.3.2.3 in its entirety, [Add new 3.3 as follows:] * * * * * renumber as 1.5, revise heading and text to extend maximum deflection 3.3 Static and Coefficient of Friction 5.3.2 Traying and Labeling standards to all flat-size mailpieces, and The exterior surface of letter-sized * * * Preparation sequence, tray size, delete item c as follows:] machinable and automation mailpieces and labeling: must be made of paper material, with * * * * * 1.5 Maximum Deflection for Flat-Size the following recommended [Revise first sentence of 5.3.2 b to Mailpieces characteristics: allow optional preparation as follows:] Flat-size mailpieces must be flexible a. Static charge of less than 2 KV b. AADC (optional, but required for (see 1.3) and must meet maximum when tested using test method ASTM AADC price); 150-piece minimum deflection standards. Flat-size pieces D4470. (overflow allowed); labeling: * * * mailed at saturation carrier route prices b. Kinetic coefficient of friction * * * * * are not required to meet these deflection between 0.26 and 0.34 when tested as [Revise heading of 7.0 as follows:] standards. Test deflection as follows: paper to same paper using test method a. For pieces 10 inches or longer (see 7.0 Preparing Automation Letters ASTM D4917. Exhibit 1.5a): * * * * * * * * * * 1. Place the piece on a flat surface 7.5 Tray Preparation with the length perpendicular to the 230 First-Class Mail edge of the surface and extend the piece * * * * * * * * Preparation sequence, tray size, 5 inches off the edge of the surface. Test and Line 1 labeling: square-shaped bound flats by placing 235 Mail Preparation * * * * * the bound edge parallel to the edge. * * * * * [Revise items b through d to allow Turn the piece around and repeat the [Revise heading of 6.0 as follows:] optional preparation and modify process. grouping requirement as follows:] 2. The piece is mailable at flat prices 6.0 Preparing Automation Letters b. 3-digit/scheme; optional, but if it does not droop more than 3 inches * * * * * required for 3-digit price (150-piece vertically at either end. minimum, except no minimum for 6.6 Tray Preparation optional origin/entry 3-digit/scheme(s)); Exhibit 1.5a Deflection Test—Pieces * * * Preparation sequence, tray size, overflow allowed; for Line 1, use L002, 10 Inches or Longer and Line 1 labeling: Column B. [Placeholder for new exhibit reflecting * * * * * c. AADC: Optional, but required for new standards.] [Revise items b through d to allow AADC price (150-piece minimum); b. For pieces less than 10 inches long optional preparation and modify overflow allowed; group pieces by 3- (see Exhibit 1.5b): grouping requirement as follows:] digit (or 3-digit scheme) ZIP Code prefix 1. Place the piece on a flat surface b. 3-digit/scheme: Optional, but when overflow pieces from 3-digit/ with the length perpendicular to the required for 3-digit price (150-piece scheme trays are placed in AADC trays. edge of the surface and extend the piece minimum except no minimum for origin For Line 1, use L801, Column B. one-half of its length off the edge of the

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surface. Test square-shaped bound flats [Revise item a as follows:] 3.4 Additional Flexibility Standards by placing the bound edge parallel to a. Test each film according to for Automation Flats the edge. Turn the piece around and procedures listed in USPS–T–3204, Test It is recommended that all automation repeat the process. Procedures for Polywrap Films. flats be foldable to a height no greater 2. The piece is mailable at flat prices * * * * * than 5 inches. Effective May 2010, flat- if it does not droop more than 2 inches size automation mailpieces must be less than the extended length. For 1.7 Flat-Size Pieces Not Eligible for foldable, parallel to the length, to a example, a piece 8 inches long would Flat-Size Prices height no greater than 5 inches (in extend 4 inches off a flat surface. It must addition to meeting the flexibility not droop more than 2 inches vertically [Revise text of renumbered 1.7 as follows:] standards in 1.3). With a postal at either end. employee observing, customers may Mailpieces that do not meet the Exhibit 1.5b Deflection Test—Pieces demonstrate the flexibility, according to standards in 1.1 through 1.6 are not Less Than 10 Inches Long these standards, of their own eligible for flat-size prices and must pay mailpieces. The employee does not then [Placeholder for new exhibit reflecting applicable prices as follows: need to perform the test. new standards.] a. First-Class Mail—parcel prices. * * * * * * * * * * b. Standard Mail—Not Flat- [Renumber 301.3.3 in its entirety as 330 First-Class Mail Flats Machinable or parcel prices. new 1.6 and revise text to extend 333 Prices and Eligibility polywrap standards to all flats as c. Bound Printed Matter—parcel follows:] prices. * * * * * * * * * * [Revise the heading of 5.0 as follows:] 1.6 Polywrap Coverings 3.0 Physical Standards for 5.0 Additional Eligibility Standards 1.6.1 Polywrap Films and Similar for Automation First-Class Mail Flats Coverings Automation Flats * * * * * 5.1 Basic Standards for Automation [Revise renumbered 1.6.1 as follows:] First-Class Mail Mailers using polywrap film or [Further renumber 3.3 through 3.7 as similar material to enclose or cover flat- the new 3.5 through 3.9, and add new All pieces in a First-Class Mail size mailpieces must use a product 3.3 and 3.4 as follows:] automation mailing must: * * * * * meeting the standards in 1.6. Film 3.3 Flats—Machine Compatibility approved for use under 1.6.5 must meet [Revise item e to require an 11-digit the specifications in Exhibit 1.6.1 as Flat-size mailpieces meeting the barcode as follows:] follows: standards in 1.0 and 3.0, but unable to e. Bear an accurate barcode meeting a. Films or similar coverings must meet the minimum flexibility standards the standards in 708.4.0, a delivery meet all six properties in Exhibit 1.6.1. described in 1.3, are not eligible for point barcode (DPBC), or an Intelligent b. If the address label is affixed to the automation prices unless the mailpieces Mail barcode with a delivery point outside of the polywrap, the haze demonstrate flats-machine routing code, either on the piece or on property (property 2) does not apply. compatibility. Until May 2010, rigid an insert showing through a barcode c. Only products listed as approved flat-size mailpieces in paper, polywrap window. on the USPS RIBBS Web site (http:// or similar packaging that allows for the * * * * * ribbs.usps.gov) may be used on flat-size pieces to be grasped and inducted into [Delete 5.2 and renumber current 5.3 mailpieces. USPS flat-sorting equipment may through 5.5 as new 5.2 through 5.4.] [Revise the heading and text of Exhibit 1.6.1 Polywrap Specifications qualify for automation prices when meeting the following standards: renumbered 5.2 as follows:] [Revise the introductory sentence of a. Mailpieces must be enclosed in 5.2 Price Application renumbered exhibit 1.6.1 as follows:] envelopes or similar packaging capable Mailers who polywrap flats must use Automation prices apply to each of withstanding normal processing on polywrap that meets all of the properties piece that is sorted under 335.6.5, First- USPS flat-sorting equipment. in this exhibit. Class Mail Tray-Based Preparation, into * * * * * b. Mailpieces must be approved for the corresponding qualifying groups: [Delete renumbered 1.6.4, Polywrap automation flats prices by the USPS. [Revise items a through c to change on Mailpieces, in its entirety and Mailers seeking approval for mailpieces eligibility from 90 pieces or more to 50 redesignate renumbered 1.6.5 to new under this standard must contact the pieces or more as follows:] a. Groups of 50 or more pieces in 5- 1.6.4.] Pricing and Classification Service Center (PCSC) for instructions on digit trays qualify for the 5-digit price. 1.6.4 Polywrap Certification Process submitting sample mailpieces for testing Preparation to qualify for the 5-digit for Manufacturers (see 608.8.0 for address). Mailpieces price is optional and need not be done [Revise the first sentence of the having a previous approval from the for all 5-digit destinations. introductory paragraph in 1.6.4 as PCSC for automation flats prices, b. Groups of 50 or more pieces in 3- follows:] granted after May 2007, are not required digit trays qualify for the 3-digit price. c. Pieces in origin 3-digit trays and To ensure that all polywrap to be resubmitted for a new approval. groups of 50 or more pieces in ADC manufacturers use the same criteria, the These and all other approvals granted trays qualify for the ADC price. Postal Service developed specification under 3.3 expire in May 2010. USPS–T–3204, Test Procedures for c. Mailpieces approved for * * * * * Polywrap Films. * * * Manufacturers automation flats pricing under this 335 Mail Preparation should follow this procedure before standard must print the endorsement submitting the letter certifying ‘‘Automation Flat’’ directly under the 1.0 General Definition of Terms compliance with the specifications: postage imprint. * * * * *

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1.2 Definition of Mailings [Delete 2.0 in its entirety.] [Delete 4.4 and renumber 4.5 and 4.6 [Renumber current 3.0 through 6.0 as Mailings are defined as: as new 4.4 and 4.5.] new 2.0 through 5.0.] [Revise the heading and text of * * * * * * * * * * renumbered 4.5 as follows:] [Revise item b as follows:] b. The types of First-Class Mail listed 2.0 Flat Trays 4.5 Cotraying With Automation Flats below must not be part of the same * * * * * If a single mailing job contains an mailing despite being in the same automation mailing and a Presorted processing category (see 705.9.0, 2.4 Preparation for Flats in Flat Trays mailing, and both mailings are reported Combining Automation and All flat tray preparation is subject to on the same postage statement, the Nonautomation Flats in Trays and Sacks these standards: mailing job must be presorted under the for a preparation option for flat-size * * * * * cotraying standards in 705.9.0. mail): [Revise items f through h, to delete [Revise the heading of renumbered 5.0 1. Automation and any other type of the ‘‘optional’’ phrasing, as follows:] as follows:] mail, except under 705.9.0. f. For automation mailings, one less- 5.0 Preparation of Automation Flats 2. Presorted and any other type of than-full overflow tray may be prepared mail, except under 705.9.0. for a presort destination when the total 5.1 Basic Standards 3. Single-piece and any other type of number of pieces for that destination mail. [Revise 5.1 to specifically prohibit meets the minimum for preparation of bundling as follows:] 4. Machinable and nonmachinable the tray level, and when one or more pieces. Automation First-Class Mail flats full trays for that destination are also must be prepared under 5.0 and meet * * * * * prepared. the eligibility standards for the price g. For automation mailings, if the total 1.4 Preparation Definitions and claimed; trays must bear the appropriate number of pieces for a presort Instructions barcoded container labels under 708.6.0, destination meets or exceeds the Standards for Barcoded Tray Labels, For purposes of preparing mail: minimum number of pieces required to Sack Labels, and Container Placards. * * * * * prepare a tray for that destination, but Flat-size pieces must be prepared loose [Revise item b to change the the total volume does not physically fill (unbundled) in flat trays under 2.4 and definition of an automation flats full a single tray, then the mail for that 5.0. tray as follows:] presort destination may be prepared in * * * * * b. For purposes of preparing a less-than-full tray. [Delete renumbered 5.4 and 5.5.] automation flats, a full flat tray is one h. Pieces prepared as automation flats [Renumber current 6.6 as new 5.4 and that contains at least 50 pieces of do not have to be grouped by 3-digit ZIP revise heading and text as follows:] automation flats or one that is Code prefix in ADC trays or by ADC in physically full. For nonautomation flats, mixed ADC trays if the mailing is 5.4 First-Class Mail Preparation prepared using an MLOCR/barcode a full flat tray is one that is physically Tray size, preparation sequence, and sorter and standardized documentation full. A physically full tray contains at Line 1 labeling: is submitted. least a single stack of mail lying flat on a. 5-digit: Optional, but 5-digit trays the bottom of the tray and filling the * * * * * required for price eligibility (50-piece tray to the bottom of the handholds. 2.5 Preparation for Flats in EMM minimum); one overflow tray allowed; Before additional trays for the same Letter Trays for Line 1, use city, state, and 5-digit ZIP destination are prepared, trays must be Code destination of pieces (for military Mailers may prepare First-Class Mail filled with additional available pieces mail see 3.3c). (Preparation to qualify flat-size pieces in EMM letter trays (up to the reasonable capacity of the for 5-digit price is optional and need not instead of flat trays if the following tray). be done for all 5-digit destinations.) standards are met: * * * * * b. 3-digit: Required (50-piece [Delete current items e through g and * * * * * minimum); one overflow tray allowed; redesignate current items h through j as [Revise item c as follows:] for Line 1, use L002, Column A for 3- c. All mail must be prepared under new e through g.] digit destinations. 6.6, and must not be prepared in [Revise redesignated item g as c. Origin 3-digit: Required for each 3- bundles. follows:] digit ZIP Code served by the SCF of the g. An instruction to ‘‘group pieces’’ * * * * * origin (verification) office; no minimum; means the pieces are to be sorted as a 4.0 Preparation of Nonautomation for Line 1, use L002, Column A for 3- unit (as if bundled) but not actually Flats digit destinations. secured into a bundle. d. ADC: Required (50-piece [Delete current item k in its entirety.] 4.1 Basic Standards minimum); one overflow tray allowed; [Redesignate current item l as new [Revise 4.1 to specifically prohibit group pieces by 3-digit ZIP Code prefix, item h and revise as follows:] bundling as follows:] except under 2.4h; for Line 1, use L004 h. A ‘‘logical’’ presort destination Each mailing of Presorted First-Class (ZIP Code prefixes in Column A must be represents the total number of pieces Mail must be prepared under 4.0 and combined and labeled to the that are eligible for a specific presort 333.3.0, Eligibility Standards for First- corresponding ADC destination shown level based on the required sortation, Class Mail Flats. All pieces must be in in Column B). but which might not be contained in a the flat-size processing category. Flat- e. Mixed ADC (required); no single container due to applicable size pieces must be prepared loose minimum for price eligibility. Group preparation requirements or the size of (unbundled) in flat trays under 2.4 and pieces by ADC, except under 2.4h. For the individual pieces. 4.0. All pieces must be marked Line 1 use L201; for mail originating in [Delete current item m in its entirety.] ‘‘Presorted’’ and ‘‘First-Class Mail.’’ ZIP Code areas in Column A, use * * * * * * * * * * ‘‘MXD’’ followed by city, state, and 3-

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digit ZIP Code prefix in Column C (use 5.0 Preparing Media Mail Parcels d. The Presorted mailing must meet ‘‘MXD’’ instead of ‘‘OMX’’ in the 5.1 Basic Standards the eligibility criteria in 333.3.0, except destination line and ignore Column B). that the traying and documentation All mailings of Presorted Media Mail [Delete current 6.7.] criteria in 9.1.1 and 9.1.4 must be met are subject to the standards in 5.0 and rather than the traying and [Renumber current 6.8 as new 5.5 and to these general requirements: documentation criteria in 335.4.0. revise as follows:] * * * * * [Delete item e and redesignate current 5.5 Cotraying With Presorted Mail [Revise item b as follows.] items f through i as new items e through b. All parcels in a mailing must be h.] If the mailing job contains an within the same processing category. * * * * * automation mailing and a Presorted See 401.1.0 for definitions of [Revise redesignated item f as mailing, and both mailings are reported machinable and irregular parcels. follows:] on the same postage statement, the * * * * * f. The pieces from the automation mailing job must be prepared under the mailing and the pieces from the cotraying standards in 705.9.0. 480 Library Mail Presorted mailing must be sorted into * * * * * * * * * * the same trays as described in 9.1.2. 400 Commercial Mail Parcels 485 Mail Preparation * * * * * [Delete 9.1.2 and 9.1.3 in their 401 Physical Standards * * * * * entirety.] * * * * * 5.0 Preparing Library Mail Parcels [Renumber current 9.1.4 as new 9.1.2 and revise as follows:] 2.0 Additional Physical Standards by 5.1 Basic Standards Class of Mail 9.1.2 Tray Preparation and Labeling All mailings of Presorted Library Mail * * * * * are subject to the standards in 5.0, Presorted and automation pieces must be presorted together into trays 2.2 Standard Mail Parcels and Not Preparing Library Mail Parcels, and to (cotrayed) in the sequence listed below. Flat-Machinable Pieces these general standards: * * * * * Trays must be labeled using the * * * * * [Revise item b as follows:] following information for Lines 1 and 2 2.2.2 Not Flat-Machinable Pieces b. All pieces in a mailing must be and 335.4.0 for other tray label criteria. within the same processing category. a. 5-digit, required, 50 piece [Revise introductory text of 2.2.2 to See 401.1.0 for definitions of minimum; one less-than-full or overflow indicate ending date of NFM category as machinable and irregular parcels. tray allowed; labeling: follows:] 1. Line 1: Use city, state, and 5-digit * * * * * Rectangular Standard Mail pieces ZIP Code destination (see 335.4.3 for with any of the following characteristics 700 Special Standards military mail). 2. Line 2: ‘‘FCM FLTS 5D BC/NBC.’’ must be prepared as Not Flat- * * * * * Machinable (NFM) pieces (until May b. 3-digit, required, 50 piece 2010) or as parcels: 705 Advanced Preparation and minimum; one less-than-full or overflow Special Postage Payment Systems tray allowed; labeling: * * * * * * * * * * 1. Line 1: Use L002, Column A. 460 Bound Printed Matter [Revise the heading of 9.0 as follows:] 2. Line 2: ‘‘FCM FLTS 3D BC/NBC.’’ c. Origin/entry 3-digit, required for * * * * * 9.0 Combining Automation and each 3-digit ZIP Code served by the SCF 465 Mail Preparation Nonautomation Flats in Trays and of the origin (verification) office, Sacks * * * * * optional for each 3-digit ZIP Code 9.1 First-Class Mail served by the SCF of an entry office 5.0 Preparing Presorted Parcels other than the origin office, no 9.1.1 Basic Standards 5.1 Basic Standards minimum; labeling: [Revise text of 9.1.1. to delete 1. Line 1: Use L002, Column A. 5.1.1 General Preparation references to bundling as follows:] 2. Line 2: ‘‘FCM FLTS 3D BC/NBC.’’ Requirements Flats in an automation mailing d. ADC, required, 50 piece minimum; All mailings of Presorted Bound prepared under 335.6.5 must be one less-than-full or overflow tray Printed Matter (BPM) are subject to cotrayed with flats in a Presorted allowed; use L004 to determine ZIP these general standards: mailing under the following conditions: Codes served by each ADC; labeling: a. The automation pieces and 1. Line 1: Use L004, Column B. * * * * * Presorted pieces are part of the same 2. Line 2: ‘‘FCM FLTS ADC BC/NBC.’’ [Revise item b as follows:] mailing job and reported on the same e. Mixed ADC, required, no b. All pieces in a mailing must be postage statement. minimum; labeling: within the same processing category. b. Pieces in the automation mailing 1. Line 1: Use L201; for mail See 401.1.0 for definitions of must meet the criteria for a flat under originating in ZIP Code areas in Column machinable and irregular parcels. 301.3.0. Pieces in the Presorted mailing A, use ‘‘MXD’’ followed by the city, * * * * * must meet the criteria for a flat under state, and 3-digit ZIP Code prefix in the 301.1.0. corresponding row in Column C (use 470 Media Mail c. The automation mailing must meet ‘‘MXD’’ instead of ‘‘OMX’’ in the * * * * * the eligibility criteria in 333.5.0, except destination line and ignore Column B). that the traying criteria in 9.1.4 must be 2. Line 2: ‘‘FCM FLTS BC/NBC 475 Mail Preparation met rather than the traying criteria in WKG.’’ * * * * * 335.5.0. * * * * *

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[Revise heading of 11.0 as follows:] • Fax: 301–713–1193, Attn: Robert the Office of Management and Budget Gorrell; determined to be significant under 11.0 Combining Automation and • Mail: Alan Risenhoover, Director, Executive Order 12866. Nonautomation Flats in Bundles NMFS Office of Sustainable Fisheries, Authority: 46 U.S.C. 1271–1279 and 16 [Delete 11.1 and renumber current Attn: Disaster Assistance Program U.S.C. 4101 et seq. 11.2 through 11.4 as new 11.1 through Guidance and Procedures, 1315 East– Dated: February 3, 2009. 11.3.] West Highway, SSMC3, Silver Spring, James W. Balsiger * * * * * MD 20910. We will publish an appropriate Written comments regarding the Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. amendment to 39 CFR part 111 to reflect burden-hour estimates or other aspects these changes if our proposal is of the collection–of–information [FR Doc. E9–2587 Filed 2–5–09; 8:45 am] adopted. requirements contained in this proposed BILLING CODE 3510–22–S rule may be submitted to Alan Stanley F. Mires, Risenhoover at the above address and by DEPARTMENT OF COMMERCE Chief Counsel, Legislative. email to [email protected], [FR Doc. E9–2515 Filed 2–5–09; 8:45 am] or by fax to (202) 395–7285. National Oceanic and Atmospheric BILLING CODE 7710–12–P Instructions: All comments received Administration are a part of the public record and will generally be posted to http:// 50 CFR Part 622 DEPARTMENT OF COMMERCE www.regulations.gov without change. All Personal Identifying Information (for [Docket No. 0808041045–9006–01] National Oceanic and Atmospheric example, name, address, etc.) RIN 0648–AW64 Administration voluntarily submitted by the commenter may be publicly accessible. Do not Fisheries of the Caribbean, Gulf of 50 CFR Parts 253 and 600 submit Confidential Business Mexico, and South Atlantic; Snapper- [Docket No. 080228332–81199–01] Information or otherwise sensitive or Grouper Fishery off the Southern protected information. Atlantic States; Amendment 16 RIN 0648–AW38 NMFS will accept anonymous AGENCY: comments (enter ‘‘N/A’’ in the required National Marine Fisheries Magnuson–Stevens Act Provisions; fields, if you wish to remain Service (NMFS), National Oceanic and Interjurisdictional Fisheries Act; anonymous). Attachments to electronic Atmospheric Administration (NOAA), Disaster Assistance Programs; comments will be accepted in Microsoft Commerce. Fisheries Assistance Programs Word, Excel, WordPerfect, or Adobe ACTION: Proposed rule; request for comments. AGENCY: National Marine Fisheries PDF file formats only. Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: SUMMARY: NMFS issues this proposed Atmospheric Administration (NOAA), Robert Gorrell, at 301–713–2341 or via rule to implement Amendment 16 to the Commerce e–mail at [email protected]. Fishery Management Plan for the ACTION: Proposed rule; extension of SUPPLEMENTARY INFORMATION: A Snapper-Grouper Fishery of the South comment period. proposed rule that sets forth NMFS’ Atlantic Region (FMP)(Amendment 16), proposed regulations to govern requests as prepared and submitted by the South SUMMARY: NMFS extends the public for determinations of fishery resource Atlantic Fishery Management Council comment period on the proposed rule to disaster assistance was published in the (Council). This proposed rule would govern the requests for determinations Federal Register on January 15, 2009 establish a seasonal closure of the of fishery resource disasters as a basis (74 FR 2467), with a comment period recreational and commercial fisheries for acquiring potential disaster ending date of February 17, 2009. The for gag and associated grouper species; assistance. NMFS has received requests regulations would establish definitions, establish a seasonal closure of the to extend the comment period for the and characteristics of commercial recreational fishery for vermilion proposed rule beyond its current 30-day fishery failures, fishery resource snapper; reduce the aggregate bag limit comment period. The extension of the disasters, serious disruptions affecting for grouper and tilefish; reduce the bag comment period for another 2 months is future production, and harm incurred limit for gag or black grouper combined; intended to ensure that NMFS provides by fishermen, as well as requirements reduce the bag limit for vermilion adequate time for various stakeholders for initiating a review by NMFS, and the snapper; prohibit captain and crew of a and other members of the public to administrative process it will follow in vessel operating as a charter vessel or comment on the proposed regulations to processing such applications. The headboat from retaining any fish under govern initiating and responding to intended result of these procedures and the aggregate bag limit for grouper and requests for fisheries disaster assistance. requirements is to clarify and interpret tilefish or the vermilion snapper bag The comment period of the January 15, the fishery disaster assistance limit; establish semiannual quotas for 2009 (74 FR 2467) rule is extended from provisions of the Magnuson–Stevens the commercial vermilion snapper February 17, 2009, to April 20, 2009. Fishery Conservation and Management fishery; establish a quota for the DATES: Comments must be submitted in Act and the Interjurisdictional Fisheries commercial gag fishery; establish writing on or before April 20, 2009. Act through rulemaking and thereby restrictions on the possession, sale, and ADDRESSES: You may submit comments, ensure consistency and facilitate the purchase of gag and associated grouper identified by 0648–AW38, by any one of processing of requests. species after the gag commercial quota the following methods: After receiving requests to extend the is reached; and require possession of a • Electronic Submissions: Submit all comment period, NMFS has decided to venting tool and dehooking device on electronic public comments via the extend it for another 62 days through board a vessel when fishing for South Federal eRulemaking Portal: http:// April 20, 2009. This action extends the Atlantic snapper-grouper and use of www.regulations.gov; comment period for a proposed rule that such tools as needed to accomplish

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release of fish with minimum injury. In FOR FURTHER INFORMATION CONTACT: John reduce bycatch mortality of snapper- addition, Amendment 16 proposes, for McGovern, telephone: 727–824–5305, grouper species. both gag and vermilion snapper, to fax: 727–824–5308, e-mail: Proposed Management Measures revise the definitions of maximum [email protected]. sustainable yield (MSY) and optimum The total allowable catch (TAC) levels yield (OY), specify total allowable catch SUPPLEMENTARY INFORMATION: The for gag and for vermilion snapper are (TAC), and establish interim allocations snapper-grouper fishery off the southern based on projections provided by the of TACs for the recreational and Atlantic states is managed under the SEDAR assessment for these species. commercial sectors. Amendment 16 also FMP. The FMP was prepared by the The TACs are based on a yield proposes to specify a minimum stock Council and is implemented under the associated with 75 percent of the fishing size threshold (MSST) for gag and, for authority of the Magnuson-Stevens mortality rate that will produce MSY, as the new assessment, for vermilion Fishery Conservation and Management recommended by the Council’s snapper. The intended effects of this Act (Magnuson-Stevens Act) by Scientific and Statistical Committee. proposed rule are to end overfishing of regulations at 50 CFR part 622. The Council recommended reduced gag and vermilion snapper, protect Background recreational harvest for both gag and shallow-water grouper during their vermilion snapper. Necessary spawning season, and reduce bycatch of The Magnuson-Stevens Act requires reductions in harvest are expected to be snapper-grouper species in the South NMFS and regional fishery management achieved through the proposed seasonal Atlantic. councils to prevent overfishing and closures and modifications to bag limits. achieve, on a continuing basis, optimum The needed reduction in recreational DATES: Written comments on this yield for federally managed fish stocks. gag harvest is determined by applying proposed rule must be received no later These mandates are intended to ensure the Council’s preferred allocation of 49 than 5 p.m., eastern time, on March 9, that fishery resources are managed for percent to the TAC identified in the 2009. the greatest overall benefit to the nation, SEDAR assessment. This would result ADDRESSES: You may submit comments, particularly with respect to providing in a harvest reduction of 37 percent identified by ‘‘0648–AW64’’, by any of food production and recreational when compared to average 2004–2006 the following methods: opportunities, and protecting marine landings. • Electronic Submissions: Submit all ecosystems. To further this goal, the The necessary reduction in electronic public comments via the Magnuson-Stevens Act requires fishery recreational vermilion snapper harvest Federal e-Rulemaking Portal http:// managers to specify their strategy to is determined by applying the Council’s www.regulations.gov. rebuild overfished stocks to a preferred allocation of 32 percent to the • Fax: 727–824–5308; Attention: Kate sustainable level within a certain time TAC identified in the SEDAR Michie. frame, and to minimize bycatch and assessment. This would result in a • Mail: John McGovern, Southeast bycatch mortality to the extent harvest reduction of 47 percent when Regional Office, NMFS, 263 13th practicable. compared to average 2004–2006 Avenue South, St. Petersburg, FL 33701. NMFS notified the Council on June landings. Instructions: All comments received 12, 2007, that the South Atlantic stock Commercial Fishery Quotas of gag is undergoing overfishing and are a part of the public record and will This proposed rule would reduce approaching an overfished condition. generally be posted to http:// quotas for both gag and vermilion This determination was made based on www.regulations.gov without change. snapper. The proposed quota for gag is the 2006 Southeast Data Assessment All Personal Identifying Information (for based on the Council’s preferred interim and Review (SEDAR) stock assessment. example, name, address, etc.) allocation of 51 percent, which would The Council was also notified on June voluntarily submitted by the commenter be applied to the TAC specified in the 12, 2007, that vermilion snapper was may be publicly accessible. Do not SEDAR assessment. This would result experiencing overfishing. A new SEDAR submit Confidential Business in a harvest reduction of 35 percent stock assessment for vermilion snapper Information or otherwise sensitive or when compared to average 2004–2006 was recently completed and indicated protected information. landings and would result in a the stock is not overfished but verified NMFS will accept anonymous commercial quota of 352,940 lb (137,222 that the stock is undergoing overfishing. comments (enter N/A in the required kg) gutted weight. fields, if you wish to remain The Report to Congress on the Status of The proposed quota for vermilion anonymous). You may submit U.S. Fisheries indicates red grouper and snapper is based on the Council’s attachments to electronic comments in black grouper have been experiencing preferred allocation of 68 percent, Microsoft Word, Excel, WordPerfect, or overfishing since 1998. The Southeast which would be applied to the TAC Adobe PDF file formats only. Fisheries Science Center has determined specified in the SEDAR assessment. The Copies of Amendment 16 may be the overfishing determinations are based proposed rule would establish a obtained from the South Atlantic on the best available scientific vermilion snapper quota of 315,523 lb Fishery Management Council, 4055 information. (143,119 kg) gutted weight from Faber Place, Suite 201, North The Magnuson-Stevens Act requires January-June and 302,523 lb (137,222 Charleston, SC 29405; phone: 843–571– the Council prepare a plan amendment kg) gutted weight from July-December. 4366 or 866–SAFMC–10 (toll free); fax: or proposed regulations to end This would result in a harvest reduction 843–769–4520; e-mail: overfishing within one year of receiving of 29 percent compared to average [email protected]. Amendment 16 notification that overfishing is 2004–2006 landings. includes a Final Environmental Impact occurring. Amendment 16 is intended to Statement (FEIS), a Biological end overfishing of gag and vermilion Seasonal Closures Assessment, an Initial Regulatory snapper and includes actions that This proposed rule would establish a Flexibility Analysis (IRFA), a Regulatory address overfishing of red grouper and 4-month (January-April) spawning Impact Review, and a Social Impact black grouper. In addition, Amendment season closure of the recreational and Assessment/Fishery Impact Statement. 16 includes an action intended to commercial fisheries for gag, black

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grouper, red grouper, scamp, rock hind, prohibited from retaining vermilion Stevens Act, and other applicable law, red hind, coney, graysby, yellowfin snapper or species within the grouper subject to further consideration after grouper, yellowmouth grouper, and tiger aggregate (including tilefish species). public comment. grouper. During this closure, no person Bag limit reductions are expected to This proposed rule has been may fish for, harvest, or possess these contribute to an overall reduction in determined to be not significant for species in or from the South Atlantic harvest and incidental catch of these purposes of Executive Order 12866. exclusive economic zone (EEZ). In species including those experiencing The Council prepared an FEIS for addition, for a person aboard a vessel for overfishing. Amendment 16; a notice of availability which a valid Federal commercial or was published on November 7, 2008 (73 Reduction in Bycatch Mortality charter vessel/headboat permit for FR 66242). South Atlantic snapper grouper has This proposed rule includes an action NMFS prepared an IRFA, as required been issued, the provisions of this intended to reduce recreational and by section 603 of the Regulatory closure would apply regardless of where commercial bycatch mortality by Flexibility Act, for this proposed rule. these species were harvested, i.e., in requiring the use of venting tools and The IRFA describes the economic state or Federal waters. These species dehooking devices for a person on board impact this proposed rule, if adopted, are particularly vulnerable to fishing a vessel fishing for snapper-grouper would have on small entities. A pressure because they are long-lived, species. description of the action, why it is being change sex, and some species form The Council intends for venting tools considered, and the objectives of, and spawning aggregations where the largest only to be used as required, i.e., when legal basis for this action are contained and oldest individuals can be there is evidence of embolism. A at the beginning of this section in the selectively removed by fishing gear. The venting tool can be any hollow, preamble and in the SUMMARY section Council concluded that a January sharpened instrument that allows gases of the preamble. A copy of the full through April spawning season closure to escape. Ice picks and knives are not analysis is available from the Council could have positive biological effects suitable and will likely contribute to (see ADDRESSES). A summary of the including protecting spawning mortality of released fish. Venting tools IRFA follows. aggregations, increasing the percentage can be purchased from vendors or The proposed rule would introduce of males, enhancing reproductive constructed by fishermen. For example, changes to the management of South success, and increasing the magnitude a venting tool could be constructed from Atlantic gag, other shallow-water of recruitment. a modified hypodermic needle or from grouper, and vermilion snapper. For gag This proposed rule would establish a a hollow, sharpened stainless steel and other shallow-water grouper, the recreational seasonal closure for cannula mounted on a hollow wooden proposed rule would set a gag TAC at vermilion snapper in or from the South dowel. 694,000 lb (314,793 kg) gutted weight Atlantic EEZ from November 1 through A dehooking device is a tool intended for 2009 and subsequent fishing years; March 31, each year. During this to remove a hook embedded in a fish set a gag interim allocation at 51 percent closure, the bag and possession limit for and allows the fish to be released with for the commercial sector and 49 vermilion snapper in or from the South minimal damage. Dehookers would not percent for the recreational sector; Atlantic EEZ is zero. In addition, for a have to be used if it is safer for the fish establish a gag January-April spawning person on board a vessel for which a and the angler to cut the line rather than season closure for both the commercial valid Federal charter vessel/headboat remove a deeply embedded hook. and recreational sectors together with permit for South Atlantic snapper- Examples of dehooking devices would no fishing or possession of black grouper has been issued, the provisions include tools with a long shaft and grouper, red grouper, scamp, red hind, of this closure would apply regardless of inverted ‘‘V’’, bluntnose pliers, alligator rock hind, yellowmouth grouper, tiger whether the fish are harvested in state pliers, or dehooking forceps. The use of grouper, yellowfin grouper, graysby, and or Federal waters. devices that can grab the fishing line, coney during the closure; establish a gag commercial quota of 352,940 lb (160,091 Bag Limit Reductions slide down the line, or remove the hook quickly are encouraged since these tools kg) gutted weight after adjustment for This proposed rule would reduce the would require less handling of the fish. post quota bycatch mortality (PQBM); recreational bag limits for the grouper reduce the grouper and tilefish aggregate, gag, black grouper, and Availability of Amendment 16 recreational aggregate bag limit from vermilion snapper. The grouper Additional background and rationale five fish to three fish; reduce the gag or aggregate, which contains misty for the measures discussed above are black grouper component of the grouper grouper, red grouper, scamp, tiger contained in Amendment 16. The and tilefish aggregate bag limit from two grouper, yellowedge grouper, yellowfin availability of Amendment 16 was fish to one fish; and, exclude the captain grouper, yellowmouth grouper, blueline announced in the Federal Register on and crew on for-hire vessels from tilefish, sand tilefish, coney, graysby, December 24, 2008 (73 FR 79037). possessing a grouper bag limit. rock hind, red hind, gag, black grouper, Written comments on Amendment 16 For vermilion snapper, the proposed snowy grouper, golden tilefish, speckled will be accepted through February 23, rule would set TAC at 960,360 lb hind, and warsaw grouper, would be 2009. All comments received on (435,612 kg) gutted weight for 2009 and reduced from five fish per person per Amendment 16 or on this proposed rule subsequent fishing years; set an interim day to three fish per person per day. The during their respective comment allocation at 68 percent for the bag limit for gag and black grouper periods will be addressed in the commercial sector and 32 percent for would be reduced from two gag or black preamble to the final rule. the recreational sector; establish a grouper (combined) to one gag or black commercial quota of 653,045 lb (296,216 grouper (combined) within the grouper Classification kg) gutted weight, with the quota split aggregate bag limit. The bag limit for Pursuant to section 304(b)(1)(A) of the between the January 1–June 30 period vermilion snapper would be reduced Magnuson-Stevens Act, the NMFS (315,523 lb (143,119 kg) gutted weight from 10 fish to 5 fish per person per Assistant Administrator has determined taking into account PQBM) and the July day. Under the proposed rule, charter/ that this proposed rule is consistent 1–December 31 period (302,523 lb headboat captains and crew would be with Amendment 16, the Magnuson- (137,222 kg) gutted weight taking into

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account PQBM) and any remaining pounds of snapper-grouper per year, exist in both the commercial and for- quota from the first period would be valued at approximately $100,000 per hire snapper-grouper sectors, but the carried over to the second period of the vessel. Vessels that operate in the extent of such is unknown and all same year; reduce the recreational bag snapper-grouper fishery may also vessels are treated in this analysis as limit from 10 fish to 5 fish; and establish operate in other fisheries that are not independent entities. a November-March spawning season covered by the logbook program. As Based on the average revenue figures closure for the recreational sector. such, the revenues from these fisheries provided above, it is determined for the In addition to the measures directly cannot be determined with these data purpose of this analysis that all affecting gag, other shallow-water and are not reflected in the totals commercial and for-hire operations that grouper, and vermilion snapper, the provided above. would be affected by this proposed rule proposed rule would also require a While a vessel that possesses a are small entities. person on board a vessel to use venting commercial snapper-grouper permit can Because all entities that are expected and de-hooking tools when fishing for harvest any snapper-grouper species, to be affected by the proposed rule are snapper-grouper species. during the period 2001–2006, only 299 considered small entities, the issue of The Magnuson-Stevens Act provides vessels per year had recorded harvests disproportional impacts of the proposed the statutory basis for the proposed rule. of gag and only 259 vessels had rule on small and large entities does not No duplicative, overlapping, or recorded harvests of vermilion snapper. arise. The measures in this amendment conflicting Federal rules have been These totals are not additive, because would reduce harvest and associated identified. The proposed rule would not some vessels landed both species. Total revenues and net profits of affected alter existing reporting, record-keeping, dockside revenues from all snapper- small entities. or other compliance requirements, grouper species and other species on The proposed gag and other shallow- except for the requirement to use trips that harvested gag averaged water grouper management measures venting and de-hooking tools when approximately $5.74 million (2005 are expected to reduce annual net fishing for snapper-grouper species. dollars) over this period, resulting in a operating revenues by approximately The proposed rule would be expected per vessel average of approximately $848,000 for vessels that harvest at least to directly affect vessels that operate in $19,200. Total dockside revenues from 1.0 lb (0.45 kg) of snapper-grouper. the South Atlantic commercial and for- all snapper-grouper species and all Based on an average of 299 vessels per hire snapper-grouper fisheries. The other species on trips that harvested year with recorded gag landings and an Small Business Administration (SBA) vermilion snapper averaged average of 922 vessels per year with has established size criteria for all major approximately $6.98 million (2005 recorded snapper grouper landings, this industry sectors in the U.S. including dollars) over this period, resulting in a reduction in net revenue results in an fish harvesters and for-hire operations. per vessel average of approximately average of approximately $2,800 per A business involved in fish harvesting $26,950. Among the vessels with vessel with gag landings and is classified as a small business if it is recorded gag harvests, an average of 12 approximately $900 per vessel with independently owned and operated, is vessels per year harvested more than snapper-grouper landings. While net not dominant in its field of operation 10,000 pounds of gag per year, revenues are not directly comparable to (including its affiliates), and has generating dockside revenues of gross revenues, the average annual combined annual receipts not in excess approximately $29,300 per vessel. An revenues from all species on trips that of $4.0 million (NAICS code 114111, average of 43 vessels per year harvested harvested gag is estimated to be finfish fishing) for all affiliated more than 10,000 lb (4,536 kg) of approximately $19,200 and the operations worldwide. For for-hire vermilion snapper, generating dockside comparable revenue total for snapper- operations, the other qualifiers apply revenues of approximately $24,000 per grouper vessels is approximately and the annual receipts threshold is $7 vessel. $16,900. For the for-hire fishery, the million (NAICS code 713990, For the period 2001–2006, an average proposed gag and other shallow-water recreational industries). of 1,273 vessels were permitted to grouper management measures are A commercial snapper-grouper permit operate in the snapper-grouper for-hire expected to reduce annual producer is required to operate in the South fishery, of which 82 are estimated to surplus for the entire fishery by Atlantic snapper-grouper fishery, and a have operated as headboats. Within this approximately $285,000. Although two-tier license limitation program has total of vessels, 235 vessels also 1,456 vessels are permitted to operate in been in effect since 1998. Logbook data possessed a commercial snapper- the snapper-grouper fishery, not all from 2001–2006 were used in the grouper permit and would be included would be expected to harvest or be analysis of the expected impacts of this in the summary information provided affected by the gag and other shallow- action. Over this period, an average of above on the commercial sector. The water grouper regulations. However, a 1,101 vessels per year were permitted to for-hire fleet is comprised of meaningful method for determining operate in the commercial snapper- charterboats, which charge a fee on a how to apportion the expected grouper fishery. However, only an vessel basis, and headboats, which reduction in producer surplus among average of 922 vessels per year had charge a fee on an individual angler the vessels in the fleet has not been recorded landings of snapper-grouper (head) basis. The charterboat annual identified. species. The total average annual average gross revenue (in 2005 dollars) The proposed vermilion snapper dockside revenue from snapper-grouper is estimated to range from management measures are expected to species and all other species on trips approximately $62,000-$84,000 for reduce annual operating revenues to that harvested snapper-grouper species Florida vessels, $73,000-$89,000 for commercial vessels that harvest over this period was approximately North Carolina vessels, $68,000-$83,000 snapper-grouper by approximately $1.62 $15.58 million (2005 dollars), resulting for Georgia vessels, and $32,000-$39,000 million. Based on an average of 259 in a per vessel average of approximately for South Carolina vessels. For vessels per year with recorded $16,900 for vessels that harvested headboats, the appropriate estimates are vermilion snapper landings and 922 snapper-grouper. The highest producers $170,000-$362,000 for Florida vessels, vessels per year with recorded snapper- included an average of 27 vessels per and $149,000-$317,000 for vessels in the grouper landings, this reduction in net year that harvested more than 50,000 other states. Some fleet activity may revenue results in an average of

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approximately $7,300 per vessel with cannot be estimated at this time due to required to make management vermilion snapper landings and the absence of appropriate data and determinations, the no action alternative approximately $1,800 per vesselwith comparable commercial and would not achieve the Council’s snapper-grouper landings. As stated recreational models. The proposed objective. above, while net revenues are not allocation was selected because it best Two alternatives, including the directly comparable to gross revenues, matches current harvest distributions proposed action, were considered for the average annual revenues from all and is, thus, expected to be the least the action to specify an interim species on trips that harvested disruptive to current harvest practices. allocation for vermilion snapper. The vermilion snapper is estimated to be Seven alternatives (with sub- only alternative to the proposed action approximately $26,950 and the alternatives), including the proposed is the no action alternative, which comparable average revenue total for actions, were considered for the action would not establish an allocation for snapper-grouper vessels is to specify gag and other shallow-water vermilion snapper. The absence of an approximately $16,900. For the for-hire grouper management measures. The allocation would hinder overall TAC fishery, the proposed vermilion snapper proposed action encompasses three management and the ability to take management measures are expected to separate alternatives: one alternative to corrective action in the appropriate reduce annual producer surplus for the establish a spawning closure, one sector should TAC overages occur. This entire fishery by approximately $58,000. alternative to establish a directed alternative, therefore, would not achieve Similar to the discussion on the gag and commercial quota, and one alternative the Council’s objective. other shallow-water grouper to establish recreational management Five alternatives (with multiple sub- management measures, a meaningful measures. The first alternative to the alternatives), including the proposed method for determining how to proposed action is the no action action, were considered for the action to apportion the expected reduction in alternative, which would apply to both establish management measures for producer surplus among the 1,456 the commercial and recreational sectors. vermilion snapper. The proposed action vessels in the fleet has not been The no action alternative would not encompasses three separate alternatives: identified. achieve the Council’s objective of one alternative to establish a directed The proposed requirement to use ending overfishing of gag. Two commercial quota, one alternative to venting and de-hooking tools to reduce alternatives to the proposed action allocate the commercial quota to two the bycatch of snapper-grouper is would only apply to the commercial periods, January through June and July expected to increase gear costs by less sector. The first of these alternatives through December, and one alternative than $15 per vessel. Many fishermen would divide the commercial quota into to establish recreational management would not be expected to incur any new North Carolina/South Carolina and measures. The first alternative to the gear costs since the possession and use Georgia/Florida regional sub-quotas. proposed action is the no action of venting tools and de-hooking devices Although this alternative may result in alternative, which would not change is already widespread. a more even distribution of the current management measures for Two alternatives, including the economic effects of the proposed quota vermilion snapper. The no action proposed action, were considered for across participants in all South Atlantic alternative would not achieve the the action to specify the gag TAC. The states, the total reduction in economic Council’s objective of ending single alternative to the proposed TAC value is expected to be greater than that overfishing of vermilion snapper. Two is the no action alternative, which of the proposed action. The second alternatives to the proposed action would not set a TAC for gag. Because a commercial alternative to the proposed would only apply to the commercial TAC is required to make management action would establish a 1,000–lb (454– sector. The first of these alternatives determinations, the no action alternative kg) trip limit. This alternative is addresses the seasonal allocation of the would not achieve the Council’s expected to result in greater adverse commercial quota and contains two sub- objective. economic effects than the proposed alternatives. The first of these Four alternatives, including the action. One alternative to the proposed alternatives would allocate 40 percent of proposed action, were considered for action would only apply to the the quota to the first season and 60 the action to specify an interim recreational sector and would extend percent to the second season instead of allocation for gag. The first alternative to the proposed spawning closure by an the proposed 50 percent allocation to the proposed action, the no action additional month. As a result, this each period (as adjusted for PQBM). alternative, would not establish an alternative would increase the adverse This alternative is expected to have allocation of gag between the economic effects on the recreational almost identical effects on commercial commercial and recreational sectors. sector. A final alternative would apply entities as the proposed action and is The absence of an allocation would to both the commercial and recreational not expected to reduce the adverse hinder overall TAC management and sectors. This alternative would establish economic effects of the proposed action. the ability to take corrective action in special management regulations for The second alternative to the proposed the appropriate sector should TAC waters off Monroe County, Florida. This seasonal commercial quota allocation overages occur. This alternative, alternative is expected to result in would maintain the equal 50 percent therefore, would not achieve the greater adverse economic effects on seasonal allocation (as adjusted for Council’s objective. The other two entities in the commercial sector than PQBM) but would lengthen the first alternatives to the proposed action the proposed action and have only season by two months, thereby would result in higher allocations to the minor economic effects on entities in establishing 8-month and 4-month commercial sector than the proposed the recreational sector. seasons. This alternative is expected to action and, thus, would result in lower Two alternatives, including the result in greater adverse economic adverse economic impacts on the proposed action, were considered for impacts on commercial entities than the commercial small entities. However, the action to specify the vermilion proposed action. The second alternative these alternatives would increase the snapper TAC. The single alternative to to the proposed action that would apply adverse impacts on the recreational the proposed TAC is the no action only to the commercial sector would sector (for-hire businesses). The overall alternative, which would not set a TAC establish a 1,000–lb (454–kg) trip limit net effects of the alternative allocations for vermilion snapper. Because a TAC is and a May 1st start to the fishing year

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in lieu of seasonal quotas. Relative to alternative would be expected to alternative specifications to the the proposed action, this alternative is adversely affect the harvest of certain proposed OY are based on the same expected to result in slightly lower target species because the morphology specification of MSY, but specify adverse economic effects for vessel trips of their mouths and biting habits would different levels of OY, one more than landing at least 1.0 lb (0.45 kg) of not allow circle hooks to be an effective the proposed OY and one less. All OY vermilion snapper, but the Council did harvest gear. As a result, this alternative levels, including the proposed action, not choose this alternative because it would be expected to reduce the harvest would result in relatively restrictive would alter the distribution of harvests of target species and result in greater management measures. However, the across the various areas. One adverse economic effects than the proposed OY is expected to provide the alternative, which includes five sub- proposed action. Additionally, within best balance between short-term adverse alternatives including the proposed this rejected alternative, sub-alternatives economic impacts and long-term action, would apply only to the considered the application of the protection to the stock. recreational sector. Two of these sub- requirements to just the commercial List of Subjects in 50 CFR Part 622 alternatives would maintain the zero sector, just the recreational sector, or bag limit for captain and crew, similar both sectors. The proposed action Fisheries, Fishing, Puerto Rico, to the proposed action, but would would apply to both sectors. Although Reporting and recordkeeping impose higher minimum size limits and the application of the new bycatch requirements, Virgin Islands. lower bag limits. As a result, these two reduction requirements to a single Dated: February 2, 2009 sector would reduce the adverse sub-alternatives are expected to result in James W. Balsiger, greater adverse economic impacts on economic effects for the exempted sector, the overall benefits of bycatch Acting Assistant Administrator for Fisheries, recreational small entities than the National Marine Fisheries Service. reduction would be lower. As a result, proposed action. The remaining two For the reasons set out in the alternatives would maintain the zero sector exemption would not achieve the Council’s objective. preamble, 50 CFR part 622 is proposed bag limit for captain and crew like the to be amended as follows: proposed action. The first of these two In addition to the actions discussed above, Amendment 16 considered alternatives would also establish a PART 622—FISHERIES OF THE alternatives to establish management higher minimum size limit and a higher CARIBBEAN, GULF, AND SOUTH reference points and stock status criteria bag limit but a shorter seasonal closure ATLANTIC than the proposed action. As a result of for gag and vermilion snapper. These the higher bag limit and shorter seasonal alternatives are discussed in the 1. The authority citation for part 622 closure, this alternative would be following paragraphs. continues to read as follows: For both gag and vermilion snapper, expected to result in lower adverse the proposed management reference Authority: 16 U.S.C. 1801 et seq. economic effects than the proposed points are such that MSY would be 2. In § 622.35, paragraphs (j) and (k) action. The Council believed, however, equated to the yield produced at F , are added to read as follows: that this alternative would have lower MSY F equated to the fishing mortality rate probability of achieving the target OY specified in the rebuilding plan when § 622.35 Atlantic EEZ seasonal and/or area reduction in recreational harvest than closures. the stock is overfished or at 75 percent the proposed action. The second of of F when the stock is rebuilt, and * * * * * these two alternatives would maintain MSY OY equated to the yield produced at (j) Seasonal closure of the recreational the same size limit as the proposed F . In terms of economic effects, these and commercial fisheries for gag and action but would establish a lower bag OY management reference points only have associated grouper species. During limit and longer seasonal closure, meaningful content when evaluated January through April each year, no resulting in greater adverse economic through the management measures person may fish for, harvest, or possess impacts than the proposed action. proposed to restrict gag and vermilion in or from the South Atlantic EEZ gag, Overall, the Council believes that the snapper to the allowable harvest levels. black grouper, red grouper, scamp, red proposed bag limit and seasonal closure, Also, because they are reference points hind, rock hind, yellowmouth grouper, while maintaining the current size limit, and would not directly place any tiger grouper, yellowfin grouper, will provide a higher probability of harvest restrictions on the fishery, none graysby, or coney. In addition, for a achieving the target reduction in of the alternatives would result in any person on board a vessel for which a recreational harvest at a reasonably direct effects on gag and vermilion valid Federal commercial or charter acceptable economic cost to small snapper. vessel/headboat permit for South entities. Two alternatives, including the Atlantic snapper-grouper has been Three alternatives (with one set of proposed action, were considered for issued, the provisions of this closure sub-alternatives), including the the action to specify gag and vermilion apply in the South Atlantic, regardless proposed action, were considered for snapper management reference points. of where such fish are harvested, i.e., in the action to reduce the bycatch of The first alternative to the proposed state or Federal waters. snapper-grouper. The first alternative to action, the no action alternative, would (k) Seasonal closure of the the proposed action is the no action retain the current definitions of MSY recreational fishery for vermilion alternative, which would not require and OY. These definitions are not snapper. The recreational fishery for additional measures to reduce bycatch consistent with the most recent vermilion snapper in or from the South of snapper-grouper and would not scientific advice and would not achieve Atlantic EEZ is closed from November achieve the Council’s objective. In the Council’s objective of basing 1 through March 31, each year. In addition to the requirement of the management decisions on the best addition, for a person on board a vessel proposed action for vessels fishing for available scientific information. The for which a valid Federal charter vessel/ snapper-grouper to possess de-hooking second alternative contains three sub- headboat permit for South Atlantic devices and venting tools, the second alternatives for the specification of OY, snapper-grouper has been issued, this alternative to the proposed action would one of which is the proposed OY closure applies in the South Atlantic, also require the use of circle hooks. This specification. Each of the two regardless of where the fish are

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harvested, i.e., in state or Federal This tool must be a sharpened, hollow been issued, without regard to where waters. During the closure, the bag and instrument, such as a hypodermic such species were harvested, i.e., in possession limit for vermilion snapper syringe with the plunger removed, or a state or Federal waters. in or from the South Atlantic EEZ is 16–gauge needle fixed to a hollow (iii) For gag only, when the zero. wooden dowel. A tool such as a knife commercial quota for gag is reached, the or an ice-pick may not be used. The § 622.36 [Amended] provisions of paragraphs (a)(5)(i) and (ii) venting tool must be inserted into the of this section apply to gag and the 3. In § 622.36, paragraph (b)(4) is fish at a 45–degree angle in a forward following associated grouper species: removed and reserved. direction approximately 1 to 2 inches black grouper, red grouper, scamp, red 4. In § 622.39, paragraphs (d)(1)(ii) (2.54 to 5.08 cm) from the base of the hind, rock hind, yellowmouth grouper, introductory text, (d)(1)(ii)(A), and pectoral fin. The tool must be inserted tiger grouper, yellowfin grouper, (d)(1)(v) are revised to read as follows: just deep enough to release the gases, so graysby, and coney. § 622.39 Bag and possession limits. that the fish may be released with * * * * * minimum damage. * * * * * 6. In § 622.42, paragraph (e)(4) is 8. In § 622.45, paragraph (d)(8) is (d) * * * revised to read as follows: (1) * * * revised, and paragraph (e)(7) is added to (ii) Grouper and tilefish, combined— read as follows: § 622.45 Restrictions on sale/purchase. 3. However, no grouper or tilefish may § 622.42 Quotas. * * * * * be retained by the captain or crew of a * * * * * (d) * * * vessel operating as a charter vessel or (e) * * * headboat. The bag limit for such captain (8) During January through April, no (4) Vermilion snapper. (i) For the person may sell or purchase a gag, black and crew is zero. In addition, within the period January through June each year— 3–fish aggregate bag limit: grouper, red grouper, scamp, red hind, 315,523 lb (143,119 kg). rock hind, yellowmouth grouper, tiger (A) No more than one fish may be gag (ii) For the period July through or black grouper, combined; grouper, yellowfin grouper, graysby, or December each year—302,523 lb coney harvested from or possessed in * * * * * (137,222 kg). the South Atlantic EEZ or, if harvested (v) Vermilion snapper—5. However, (iii) Any unused portion of the quota or possessed by a vessel for which a no vermilion snapper may be retained specified in paragraph (e)(4)(i) of this valid Federal commercial or charter by the captain or crew of a vessel section will be added to the quota vessel/headboat permit for South operating as a charter vessel or specified in paragraph (e)(4)(ii) of this Atlantic snapper-grouper has been headboat. The bag limit for such captain section. Any unused portion of the issued, harvested from the South and crew is zero. quota specified in paragraph (e)(4)(ii) of Atlantic, i.e., state or Federal waters. this section, including any addition of * * * * * The prohibition on sale/purchase during quota specified in paragraph (e)(4)(i) 5. In § 622.41, paragraph (n) is added January through April does not apply to that was unused, will become void and to read as follows: such species that were harvested, will not be added to any subsequent landed ashore, and sold prior to January § 622.41 Species specific limitations. quota. 1 and were held in cold storage by a * * * * * * * * * * (n) Required gear in the South dealer or processor. This prohibition (7) Gag—352,940 lb (160,091 kg). also does not apply to a dealer’s Atlantic snapper-grouper fishery. For a * * * * * person on board a vessel to fish for purchase or sale of such species 7. In § 622.43, paragraph (a)(5) is harvested from an area other than the South Atlantic snapper-grouper in the revised to read as follows: South Atlantic EEZ, the vessel must South Atlantic, provided such fish is possess on board and such person must § 622.43 Closures. accompanied by documentation of harvest outside the South Atlantic. Such use the gear as specified in paragraphs * * * * * (n)(1) and (n)(2) of this section. (a) * * * documentation must contain: (1) Dehooking device. At least one (5) South Atlantic gag, greater (i) The information specified in 50 dehooking device is required and must amberjack, snowy grouper, golden CFR part 300 subpart K for marking be used as needed to remove hooks tilefish, vermilion snapper, black sea containers or packages of fish or wildlife embedded in South Atlantic snapper- bass, and red porgy. (i) The appropriate that are imported, exported, or grouper with minimum damage. The bag limits specified in § 622.39(d)(1) transported in interstate commerce; hook removal device must be and the possession limits specified in (ii) The official number, name, and constructed to allow the hook to be § 622.39(d)(2) apply to all harvest or home port of the vessel harvesting such secured and the barb shielded without possession of the applicable species in fish; re-engaging during the removal process. or from the South Atlantic EEZ, and the (iii) The port and date of offloading The dehooking end must be blunt, and sale or purchase of the applicable from the vessel harvesting such fish, all edges rounded. The device must be species taken from or possessed in the and; of a size appropriate to secure the range EEZ is prohibited. (iv) A statement signed by the dealer of hook sizes and styles used in the (ii) The bag and possession limits for attesting that such fish was harvested South Atlantic snapper-grouper fishery. the applicable species and the (2) Venting tool. At least one venting prohibition on sale/purchase apply in from an area other than the South tool is required and must be used as the South Atlantic on board a vessel for Atlantic. needed to deflate the swim bladders of which a valid Federal commercial or * * * * * South Atlantic snapper-grouper to charter vessel/headboat permit for [FR Doc. E9–2583 Filed 2–5–09; 8:45 am] release the fish with minimum damage. South Atlantic snapper-grouper has BILLING CODE 3510–22–S

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Notices Federal Register Vol. 74, No. 24

Friday, February 6, 2009

This section of the FEDERAL REGISTER BROADCASTING BOARD OF • FY 2009 Statutory Report contains documents other than rules or GOVERNORS III. Agenda Items proposed rules that are applicable to the IV. Adjourn public. Notices of hearings and investigations, Sunshine Act Meeting FOR FURTHER INFORMATION CONTACT: committee meetings, agency decisions and Lenore Ostrowsky, Acting Chief, Public rulings, delegations of authority, filing of DATE AND TIME: Wednesday, February 11, Affairs Unit (202) 376–8582. petitions and applications and agency 2009; 1 p.m.–2 p.m. statements of organization and functions are PLACE: Cohen Building, Room 3321, 330 Dated: February 4, 2009. examples of documents appearing in this Emma Monroig, section. Independence Ave., SW., Washington, DC 20237. Solicitor. CLOSED MEETING: The members of the [FR Doc. E9–2654 Filed 2–4–09; 8:45 am] AGENCY FOR INTERNATIONAL Broadcasting Board of Governors (BBG) BILLING CODE 6335–01–P DEVELOPMENT will meet in closed session to review and discuss a number of issues relating Notice of Public Information Collection to U.S. Government-funded non- DEPARTMENT OF COMMERCE Requirements Submitted to OMB for military international broadcasting. Review They will address internal procedural, Submission for OMB Review; budgetary, and personnel issues, as well Comment Request SUMMARY: U.S. Agency for International as sensitive foreign policy issues Development (USAID) has submitted The Department of Commerce will relating to potential options in the U.S. submit to the Office of Management and the following information collections to international broadcasting field. This OMB for review and clearance under the Budget (OMB) for clearance the meeting is closed because if open it following proposal for collection of Paperwork Reduction Act of 1995, likely would either disclose matters that Public Law 104–13. Comments information under the provisions of the would be properly classified to be kept Paperwork Reduction Act (44 U.S.C. regarding this information collection are secret in the interest of foreign policy best assured of having their full effect if Chapter 35). under the appropriate executive order (5 Agency: National Oceanic and received within 30 days of this U.S.C. 552b.(c)(1)) or would disclose notification. Comments should be sent Atmospheric Administration (NOAA). information the premature disclosure of Title: Documentation of Fish Harvest. via e-mail to [email protected] or which would be likely to significantly fax to 202–395–3087. Copies of OMB Control Number: 0648–0365. frustrate implementation of a proposed Form Number(s): None. submission may be obtained by calling agency action. (5 U.S.C. 552b.(c)(9)(B)) Type of Request: Regular submission. (202) 712–1365. In addition, part of the discussion will Burden Hours: 50. SUPPLEMENTARY INFORMATION: relate solely to the internal personnel Number of Respondents: 25. and organizational issues of the BBG or OMB Number: OMB 0412–NEW. Average Hours per Response: 30 the International Broadcasting Bureau. minutes. Form Number: N/A. (5 U.S.C. 552b.(c)(2) and (6)) Needs and Uses: The Magnuson- Title: Offeror Information for Personal FOR FURTHER INFORMATION CONTACT: Stevens Fishery Conservation and Services Contracts. Persons interested in obtaining more Management Act (16 U.S.C. 1801 et seq.) Type of Submission: New Information information should contact Timi authorizes the development of regional Collection. Nickerson Kenealy at (202) 203–4545. Fishery Management Plans (FMP). The National Marine Fishery Service’s Purpose: The purpose of this Timi Nickerson Kenealy, information collection is to obtain (NMFS) FMP for the Snapper-Grouper Acting Legal Counsel. Fishery of the South Atlantic Region information from the offeror for [FR Doc. E9–2627 Filed 2–4–09; 4:15 pm] personal service contract positions. This requires that dealers possessing red BILLING CODE 8610–01–P information will include administrative porgy, gag, black grouper, or greater information, work experience, amberjack during seasonal closures education and qualifications in addition must maintain documentation that such COMMISSION ON CIVIL RIGHTS to offerors certification. fish were harvested from areas other than the South Atlantic. This Annual Reporting Burden: Wednesday, February 11, 2009; requirement is codified in 50 CFR Respondents: 5,000. Commisson Meeting; Via 622.45. The documentation includes Teleconference; Public Dial In—1–800– Total annual responses: 10,000. information on the vessel that harvested 597–7623; Conference Id# 83711892; the fish and on where and when the fish Total annual hours requested: 5,000 11 A.M. Est TDD: 202–376–8116 hours. were offloaded. This information is For questions or additonal assistance required for the enforcement of fishery Dated: January 29, 2009. to persons with diabilities, please regulations. Joanne Paskar, contact Pamela Dunston at 202–376– Affected Public: Business or other for- Chief, Information and Records Division, 8105 profit organizations. Office of Administrative Services, Bureau for Frequency: On occasion. Management. Meeting Agenda Respondent’s Obligation: Mandatory. [FR Doc. E9–2446 Filed 2–5–09; 8:45 am] I. Approval of Agenda OMB Desk Officer: David Rostker, BILLING CODE 6116–01–M II. Program Planning (202) 395–3897.

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Copies of the above information Council in determining eligibility for of Industry and Security (‘‘BIS’’), U.S. collection proposal can be obtained by permit issuance. The information is Department of Commerce, through its calling or writing Diana Hynek, important for understanding the nature Office of Export Enforcement (‘‘OEE’’), Departmental Paperwork Clearance of the fishery and provides a link to has requested that I issue an Order Officer, (202) 482–0266, Department of participants. It also aids in the temporarily denying for 180 days the Commerce, Room 7845, 14th and enforcement of FMP management export privileges under the EAR of: Constitution Avenue, NW., Washington, measures. (1) Islamic Republic of Iran Shipping DC 20230 (or via the Internet at Affected Public: Business or other for- Lines, No. 37 Aseman Tower, Sayyade [email protected]). profit organizations. Shirazee Square, Pasdaran Avenue, P.O. Written comments and Frequency: Annually and on occasion. Box 19395–1311, Tehran, Iran; No. 37, recommendations for the proposed Respondent’s Obligation: Mandatory. Corner of 7th Narenjestan, Sayad Shirazi information collection should be sent OMB Desk Officer: David Rostker, Square, After Noboyand Square, within 30 days of publication of this (202) 395–3897. Pasdaran Avenue, Tehran, Iran notice to David Rostker, OMB Desk Copies of the above information (hereinafter referred to as ‘‘IRISL’’). Officer, FAX number (202) 395–7285, or collection proposal can be obtained by (2) Tadbir Sanaat Sharif Technology [email protected]. calling or writing Diana Hynek, Development Center, First Floor, No. 25, Departmental Paperwork Clearance Dated: February 3, 2009. Shahid Siadat Boulevard, North Zanjan Officer, (202) 482–0266, Department of Street, Yadegar Emam Highway, Tehran, Gwellnar Banks, Commerce, Room 7845, 14th and Iran (hereinafter referred to as ‘‘TSS’’). Management Analyst, Office of the Chief Constitution Avenue, NW., Washington, (3) Icarus Marine (Pty) Ltd, 1 River Information Officer. DC 20230 (or via the Internet at Street, Rosebank, Cape Town, South [FR Doc. E9–2534 Filed 2–5–09; 8:45 am] [email protected]). Africa (hereinafter referred to as ‘‘Icarus BILLING CODE 3510–22–P Written comments and Marine’’). recommendations for the proposed (IRISL, TSS, and Icarus Marine are information collection should be sent hereinafter collectively referred to as DEPARTMENT OF COMMERCE within 30 days of publication of this ‘‘Respondents’’). notice to David Rostker, OMB Desk Submission for OMB Review; Pursuant to Section 766.24(b) of the Officer, FAX number (202) 395–7285, or Comment Request EAR, the Assistant Secretary may issue [email protected]. a TDO upon a showing by BIS that the The Department of Commerce will Dated: February 3, 2009. order is necessary in the public interest submit to the Office of Management and Gwellnar Banks, to prevent an ‘‘imminent violation’’ of the EAR. 15 CFR 766.24(b)(1). ‘‘A Budget (OMB) for clearance the Management Analyst, Office of the Chief following proposal for collection of Information Officer. violation may be ‘imminent’ either in time or in degree of likelihood.’’ 15 CFR information under the provisions of the [FR Doc. E9–2535 Filed 2–5–09; 8:45 am] Paperwork Reduction Act (44 U.S.C. 766.24(b)(3). BIS may show ‘‘either that Chapter 35). BILLING CODE 3510–22–P a violation is about to occur, or that the Agency: National Oceanic and general circumstances of the matter Atmospheric Administration (NOAA). DEPARTMENT OF COMMERCE under investigation or case under Title: Pacific Islands Region Coral criminal or administrative charges Reef Ecosystems Permit Form. Bureau of Industry and Security demonstrate a likelihood of future OMB Control Number: 0648–0463. violations.’’ Id. As to the likelihood of Form Number(s): None. Action Affecting Export Privileges; future violations, BIS may show that Type of Request: Regular submission. Islamic Republic of Iran Shipping ‘‘the violation under investigation or Burden Hours: 30. Lines; Tadbir Sanaat Sharif charges is significant, deliberate, covert Number of Respondents: 12. Technology Development Center and and/or likely to occur again, rather than Average Hours per Response: Permit Icarus Marine (Pty) Ltd. technical and negligent[.]’’ Id. A ‘‘lack of applications, 2 hours; and appeals, 3 information establishing the precise hours. In the Matter of: Islamic Republic of Iran time a violation may occur does not Needs and Uses: Regulations (50 CFR Shipping Lines, No. 37, Aseman Tower, preclude a finding that a violation is 665) implementing the Fishery Sayyade Shirazee Square, Pasdaran Avenue, imminent, so long as there is sufficient Management Plan for Coral Reef P.O. Box 19395–1311, Tehran, Iran; No. 37, reason to believe the likelihood of a Ecosystems of the Western Pacific Corner of 7th Narenjestan, Sayad Shirazi violation.’’ Id. Region include the establishment of a Square, After Noboyand Square, Pasdaran Avenue, Tehran, Iran; Tadbir Sanaat Sharif In its request, BIS has presented permit requirement for any U.S. vessel Technology Development Center, First Floor, evidence that the Respondents are about fishing for coral reef management unit No. 25, Shahid Siadat Boulevard, North to engage in conduct prohibited by the species in the designated low-use Zanjan Street, Yadegar Emam Highway, EAR by re-exporting U.S.-origin items, Marine Protected Areas and open areas, Tehran, Iran; Icarus Marine (Pty) Ltd., 1 River which are subject to the Regulations and i.e., waters seaward of the inner Street, Rosebank, Cape Town, South Africa; Respondents. classified as Export Control boundary of the U.S. Exclusive Classification Number (‘‘ECCN’’) Economic Zone in the western Pacific Order Temporarily Denying Export 8A992.f and .g, from South Africa to a region. The special permit is also Privileges Specially Designated National (‘‘SDN’’) required for at-sea transshipment of Pursuant to Section 766.24 of the coral reef management unit species. The August 21, 2001, the Act has been in lapse and the permit application form provides basic Export Administration Regulations 1 President, through Executive Order 13222 of August information about the permit applicant, (‘‘EAR’’ or ‘‘Regulations’’), the Bureau 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), as vessel, fishing gear and method, target extended most recently by the Notice of July 23, 1 The EAR is currently codified at 15 CFR parts 2008 (73 FR 43,603 (July 25, 2008)), has continued species, projected fishing effort, etc. for 730–774 (2008), as amended. The EAR issued under the Regulations in effect under the International use by NOAA Fisheries Service and the the Export Administration Act of 1979, as amended Emergency Economic Powers Act (50 U.S.C. 1701– Western Pacific Fishery Management (50 U.S.C. app. 2401–2420 (2000)) (‘‘EAA’’). Since 1706 (2000)).

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located in Iran using a specially prior dealings between the two entities. any way in any transaction involving designated blocked vessel, owned by a The TSS Web site, under its ‘‘About Us’’ any commodity, software or technology Specially Designated National, to section, lists an affiliate of Icarus Marine (hereinafter collectively referred to as complete the transaction. Specifically, as a company with whom TSS has had ‘‘item’’) exported or to be exported from BIS has reason to believe that TSS has ‘‘prosperous cooperation.’’ In this the United States that is subject to the been attempting to procure a transaction, Icarus Marine is attempting Export Administration Regulations Bladerunner 51 powerboat, a vessel to send the Bradstone Challenger from (‘‘EAR’’), or in any other activity subject known as the ‘‘Bradstone Challenger,’’ the port in Durban to Iran on the IRISL to the EAR including, but not limited to: for use by the Iranian Revolutionary vessel Diplomat, with the end-user to be A. Applying for, obtaining, or using Guard Corps (‘‘IRGC’’), specifically the the IRGC Navy. any license, license exception, or export IRGC Navy, to be transported to Iran on Multiple public sources indicate that control document; an IRISL vessel. Iran and its military have invested B. Carrying on negotiations The Bradstone Challenger will substantially in developing its naval concerning, or ordering, buying, imminently be re-exported from South forces. The IRGC Navy has been receiving, using, selling, delivering, Africa on an IRISL vessel called the M/ involved in enhancing its asymmetric storing, disposing of, forwarding, V ‘‘Diplomat,’’ also known as the ‘‘Iran naval warfare capabilities. These transporting, financing, or otherwise Diplomat,’’ with a vessel registration capabilities include exploiting enemy servicing in any way, any transaction identification number IMO 8309701. vulnerabilities through the use of involving any item exported or to be IRISL and its entire fleet, including the ‘‘swarming’’ tactics by well-armed small exported from the United States that is Diplomat, is also listed in the boats and fast-attack craft, to mount subject to the EAR, or in any other Department of the Treasury, Office of surprise attacks at unexpected times and activity subject to the EAR; or Foreign Assets Control (OFAC) places. Accordingly, BIS has a C. Benefiting in any way from any Specially Designated Nationals list as is significant concern that the vessel will transaction involving any item exported the IRGC, pursuant to Executive Order be utilized by the IRGC as a fast attack or to be exported from the United States 13382 and as identified by OFAC in craft. According to published reports, that is subject to the EAR, or in any Appendix A to 31 CFR Chapter V. The similar vessels have been armed with other activity subject to the EAR. designation identifies those parties torpedoes, rocket launchers, and anti- Second, that no person may, directly determined to be weapons of mass ship missiles. or indirectly, do any of the following: destruction proliferators or their I find that the evidence presented by A. Export or reexport to or on behalf supporters as well as blocked vessels. BIS demonstrates that violation of the of any Denied Person any item subject Under Section 744.8(a) of the EAR is imminent in terms of proximity to the EAR; Regulations,2 no person may export or of time, as well as in degree of B. Take any action that facilitates the re-export an item subject to the likelihood. The conduct here is, inter acquisition or attempted acquisition by Regulations to any person designated alia, significant, deliberate, and likely to any Denied Person of the ownership, pursuant to that Executive Order occur again absent issuance of a TDO. possession, or control of any item without a license from BIS. The As such, a TDO issued on an ex parte subject to the EAR that has been or will Bradstone Challenger is powered with basis is necessary in the public interest be exported from the United States, two U.S.-origin Caterpillar C18 engines to prevent imminent violation of the including financing or other support and two Arneson surface drives, items EAR, and needed to give persons and activities related to a transaction subject to the Regulations and classified companies in the United States and whereby any Denied Person acquires or under Export Control Classification abroad notice that they should cease attempts to acquire such ownership, Number (ECCN) 8A992.g. Because it dealing with the Respondents in export possession or control; contains greater than a 10 percent de and re-export transactions involving C. Take any action to acquire from or minimis of U.S.-origin items, the items subject to the EAR. to facilitate the acquisition or attempted Bradstone Challenger is also subject to Accordingly, I find that a TDO acquisition from any Denied Person of the Regulations if proposed for export or naming is necessary, in the public any item subject to the EAR that has re-export to Iran and is classified as interest, to prevent an imminent been exported from the United States; ECCN 8A992.f. According to publicly violation of the EAR. This Order is D. Obtain from any Denied Person in available sources, the Bladerunner 51 issued on an ex parte basis without a the United States any item subject to the has top speeds from 55 knots to in hearing based upon BIS’s showing of an EAR with knowledge or reason to know excess of 65 knots (or 74 miles per imminent violation. that the item will be, or is intended to hour). No license was obtained from BIS It is therefore ordered: be, exported from the United States; or for export or re-export of the U.S.-origin First, that the Respondents, Islamic E. Engage in any transaction to service parts contained within the powerboat, Republic of Iran Shipping Lines, No. 37 any item subject to the EAR that has nor the vessel itself. Aseman Tower, Sayyade Shirazee been or will be exported from the Nonetheless, BIS has produced Square, Pasdaran Avenue, P.O. Box United States and which is owned, evidence that TSS is purchasing the 19395–1311, Tehran, Iran; No. 37, possessed or controlled by any Denied powerboat, which is intended to be sent Corner of 7th Narenjestan, Sayad Shirazi Person, or service any item, of whatever from Durban, South Africa. Icarus Square, After Noboyand Square, origin, that is owned, possessed or Marine is attempting to send the Pasdaran Avenue, Tehran, Iran; Tadbir controlled by any Denied Person if such Bradstone Challenger to Iran. TSS is Sanaat Sharif Technology Development service involves the use of any item believed to be purchasing the Bradstone Center, First Floor, No. 25, Shahid subject to the EAR that has been or will Challenger for use by the IRGC Navy. Siadat Boulevard, North Zanjan Street, be exported from the United States. For There is publicly available evidence of Yadegar Emam Highway, Tehran, Iran; purposes of this paragraph, servicing and Icarus Marine (Pty) Ltd, 1 River means installation, maintenance, repair, 2 On January 15, 2009, Part 744 of the Regulations Street, Rosebank, Cape Town, South modification or testing. was amended to impose a license requirement on Africa (each a ‘‘Denied Person’’ and Third, that after notice and certain parties designated pursuant to Executive Order 13382 (June 28, 2005) as Specially Designated collectively the ‘‘Denied Persons’’) may opportunity for comment as provided in Nationals. 74 FR 2355 (Jan. 15, 2009). not, directly or indirectly, participate in section 766.23 of the EAR, any other

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person, firm, corporation, or business Administration, U.S. and Foreign transparent government and the organization related to any of the Commercial Service are organizing a impending Trade Promotion Agreement Respondents by affiliation, ownership, Trade Mission to Bogota, Cartagena, and provide a solid foundation for U.S. control, or position of responsibility in Barranquilla, Colombia from March 8 to businesses interested in exporting to the conduct of trade or related services March 13, 2009. Colombia. may also be made subject to the The mission will focus on helping Industry sectors currently provisions of this Order. U.S. companies launch or increase their representing best prospects for U.S. Fourth, that this Order does not export business in the Colombian exporters are listed below. U.S. firms in prohibit any export, reexport, or other market. The mission will help other sectors may also apply to take part transaction subject to the EAR where the participating firms gain market in the mission. only items involved that are subject to information, make business and • Oil and Gas Machinery and the EAR are the foreign-produced direct government contacts, solidify business Services. product of U.S.-origin technology. strategies and advance specific projects, • Plastic Materials and Resins. In accordance with the provisions of towards the goal of increasing U.S. • Automotive Parts and Accessories. Section 766.24(e) of the EAR, the exports to Colombia. The mission will • Computers and Components. Respondents may, at any time, appeal include business-to-business • Telecommunications Equipment this Order by filing a full written matchmaking appointments with local and Services. statement in support of the appeal with companies, site visits and meetings with • Travel and Tourism. the Office of the Administrative Law the Chambers of Commerce, including • Construction and Mining Judge, U.S. Coast Guard ALJ Docketing ColAmCham. The delegation will be Equipment. Center, 40 South Gay Street, Baltimore, comprised of U.S. firms representing a • Air Cargo Services. Maryland 21202–4022. cross section of U.S. industries with • Electrical Power Systems. In accordance with the provisions of growing potential in Colombia. • Pollution Control Equipment. Section 766.24(d) of the EAR, BIS may • seek renewal of this Order by filing a Commercial Setting Safety and Security. • Building Materials. written request not later than 20 days Colombia is the fifth largest market for • before the expiration date. The U.S. exports in Latin America and is Beverage Processing & Packaging Respondents may oppose a request to ranked 29th as a market for U.S. exports Equipment. renew this Order by filing a written globally. Since the election of President Mission Goals submission with the Assistant Secretary Alvaro Uribe in May 2002, Colombia The Commercial Service Trade for Export Enforcement, which must be has become one of the most stable Mission to Colombia will help U.S. received not later than seven days economies in the region. Improved firms initiate or expand their exports to before the expiration date of the Order. security and government policies, Colombia by providing business-to- A copy of this Order shall be served steady growth, moderate inflation and a business introductions and market on the Respondents and shall be wide range of opportunities combined access information. published in the Federal Register. with a relatively stable political This Order is effective upon issuance environment make it an excellent Mission Scenario and shall remain in effect for 180 days. market for U.S. exporters. In recent The mission will stop in Bogota, years, Colombia has demonstrated its Entered this 22nd day of January 2009. Barranquilla and Cartagena. A special commitment to furthering economic Kevin A. Delli-Colli, site visit Santa Marta and the growth and to increasing trade between Acting Assistant Secretary of Commerce for Drummond Mine, Las Lomas, in Cesar the United States and Colombia. Export Enforcement. is being arranged. At each stop, except The United States and Colombia [FR Doc. E9–2540 Filed 2–5–09; 8:45 am] for Santa Marta and Las Lomas, signed the U.S.-Colombia Trade BILLING CODE 3510–DT–P delegation members will participate in Promotion Agreement on November 22, one-on-one business meetings with 2006 and President Bush sent the potential buyers, agents, distributors, implementing legislation to Congress on DEPARTMENT OF COMMERCE and partners. Delegates will also attend April 8, 2008. The Trade Promotion briefings in Bogota by U.S. Embassy Agreement (TPA) will go into effect International Trade Administration officials on business opportunities in upon Congressional approval and once Colombia and the pending U.S.- Mission Statement; Commercial Colombia has taken the necessary steps Colombia Trade Promotion Agreement. Service Trade Mission to Colombia; to ensure implementation of its They will attend networking events March 8–13, 2009 obligations. The TPA offers tremendous with the U.S. Ambassador to Colombia opportunities for exporters. When the AGENCY: Department of Commerce. in Bogota and the American Chamber of Agreement enters into force, 80 percent Commerce in Barranquilla. These events ACTION: Notice. of U.S. consumer and industrial exports will offer additional opportunities to to Colombia will be duty-free speak with local business and Mission Description immediately. The remaining tariffs will government representatives. The United States Department of be phased out over the next 10 years. Commerce, International Trade Colombia’s increasingly democratic and Proposed Mission Timetable

Sunday, March 8, 2009 ...... Mission begins in Bogota, Colombia; Welcome briefing. Monday, March 9, 2009 ...... Market and Security briefing; Business matchmaking. Tuesday, March 10, 2009 ...... Opportunity for follow-up and/or site visits; Networking reception. Wednesday, March 11, 2009 ...... Transfer by plane to Cartagena, Colombia; Business matchmaking; Networking reception (TBC). Thursday, March 12, 2009 ...... Opportunity for follow-up and/or site visits; Departure to Barranquilla, Colombia (by bus). Friday, March 13, 2009 ...... Business matchmaking; Networking luncheon; Departure to Santa Marta, Colombia (by bus); Overnight at Drummond Guest House. Saturday, March 14, 2009 ...... Travel to Las Lomas Mine; Briefing and tour of Las Lomas Mine; Return to Cartagena; Mission ends.

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Participation Requirements information into account when Commerce, Tel: 504–589–6703, E-mail: All parties interested in participating evaluating the applications. [email protected]. in the Commercial Service Trade • Each applicant must also certify Sean Timmins, Mission to Colombia must complete and that the products and services it seeks Global Trade Programs, Commercial Service submit an application package for to export through the mission are either Trade Missions Program. consideration by the Department of produced in the United States, or, if not, [FR Doc. E9–2489 Filed 2–5–09; 8:45 am] Commerce. All applicants will be marketed under the name of a U.S. firm BILLING CODE 3510–DS–P evaluated on their ability to meet certain and have at least 51 percent U.S. conditions and best satisfy the selection content of the value of the finished criteria as outlined below. A minimum product or service. DEPARTMENT OF COMMERCE of 6 and maximum of 11 companies Selection Criteria: Selection will be with up to two participants per based on the following criteria: National Oceanic and Atmospheric company will be selected to participate Administration in the mission from the applicant pool. • Suitability of the company’s U.S. companies already doing business products or services to the Colombian Proposed Information Collection; with Colombia, as well as U.S. market. Comment Request; Alaska Rockfish companies seeking to enter the • Applicant’s potential for business Pilot Program Colombian market for the first time may in Colombia, including likelihood of apply. AGENCY: National Oceanic and exports resulting from the mission. Atmospheric Administration (NOAA), Fees and Expenses • Consistency of the applicant’s goals Commerce. and objectives with the stated scope of After a company has been selected to ACTION: Notice. participate on the mission, a payment to the mission. the Department of Commerce in the Referrals from political organizations SUMMARY: The Department of form of a participation fee is required. and any documents containing Commerce, as part of its continuing The participation fee will be $2,500 for references to partisan political activities effort to reduce paperwork and a small- or medium-sized enterprise (including political contributions) will respondent burden, invites the general (SME) * and $3,250 for large firms. The be removed from an applicant’s public and other Federal agencies to fee for the additional firm representative submission and not considered during take this opportunity to comment on (large firm or SME) is $450. This entitles the selection process. proposed and/or continuing information the company to one appointment collections, as required by the schedule. Expenses for travel to and Timeframe for Recruitment and Paperwork Reduction Act of 1995. from Colombia, airfare between Bogota Applications DATES: Written comments must be and Cartagena, lodging, incidentals and submitted on or before April 7, 2009. most meals will be the responsibility of Mission recruitment will be each mission participant. Bus conducted in an open and public ADDRESSES: Direct all written comments transportation from Cartagena to manner. Outreach will include posting to Diana Hynek, Departmental Barranquilla is included in the above on the Commerce Department trade Paperwork Clearance Officer, cost. Bus transportation to Santa Marta mission calendar (http:// Department of Commerce, Room 7845, is not included in the cost and will be www.ita.doc.gov/doctm/tmcal.html) and 14th and Constitution Avenue, NW., at the participant’s expense. Participants other Internet Web sites, press releases Washington, DC 20230 (or via the have the option of returning to the to general and trade media, direct mail, Internet at [email protected]). United States from Barranquilla or, if broadcast fax, notices by industry trade FOR FURTHER INFORMATION CONTACT: they participate in the mine site visit, associations and other multiplier Requests for additional information or from Cartagena. groups, and publicity at industry copies of the information collection meetings, symposia, conferences, and instrument and instructions should be Conditions for Participation trade shows. The International Trade • directed to Patsy A. Bearden, (907) 586– An applicant must submit a Administration will explore and 7008 or [email protected]. completed and signed mission welcome outreach assistance from other application and supplemental interested organizations, including other SUPPLEMENTARY INFORMATION: application materials, including U.S. Government agencies. I. Abstract adequate information on the company’s The mission is open on a first come In Section 802 of the Consolidated products and/or services, primary first served basis. Recruitment for the market objectives, and goals for Appropriations Act of 2004, the United mission will begin immediately and States (U.S.) Congress included a participation. If the Department of close as soon as 10 applicants have been Commerce receives an incomplete directive to the Secretary of Commerce selected and registered, and no later application, the Department may reject to establish, in consultation with the than February 16, 2009. Late the application, request additional North Pacific Fishery Management applications will be considered only if information, or take the lack of Council, a pilot program for space and scheduling constraints management of three rockfish fisheries permit. Applications will be available * An SME is defined as a firm with 500 or fewer in the Central Gulf of Alaska (CGOA) in employees or that otherwise qualifies as a small from the New Orleans U.S. Export the exclusive economic zone off the business under SBA regulations (see http:// Assistance Center. They can also be coast of Alaska. The Rockfish Pilot www.sba.gov/services/contracting_opportunities/ obtained by contacting the mission sizestandardstopics/index.html). Parent companies, Program provides exclusive harvesting affiliates, and subsidiaries will be considered when contact listed below. and processing privileges for a specific determining business size. The dual pricing reflects Contacts set of rockfish species and associated the Commercial Service’s user fee schedule that species harvested incidentally to those became effective May 1, 2008 (for additional ° information see http://www.export.gov/newsletter/ Brie Knox, New Orleans Export CGOA rockfish; an area from 140 W. march2008/initiatives.html). Assistance Center, U.S. Department of long. to 168° W. long.

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II. Method of Collection DEPARTMENT OF COMMERCE allows a trademark owner to seek registration in any of the participating Paper reports are required from Patent and Trademark Office countries by filing a single international participants; these reports are application. The International Bureau transmitted by U.S. mail or facsimile. Madrid Protocol (‘‘IB’’) of the World Intellectual Property Organization (‘‘WIPO’’) in Geneva, III. Data ACTION: Proposed collection; comment Switzerland, administers the request. OMB Control Number: 0648–0545. international registration system. The Madrid Protocol Implementation Act of Form Number: None. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its 2002 amended the Trademark Act to Type of Review: Regular submission. continuing effort to reduce paperwork provide that: (1) The owner of a U.S. Affected Public: Business or other for- and respondent burden, invites the application or registration may seek profit organizations. general public and other Federal protection of its mark in any of the agencies to take this opportunity to participating countries by submitting a Estimated Number of Respondents: single international application to the IB 1,142. comment on the revision of a continuing information collection, as required by through the USPTO, and (2) the holder Estimated Time per Response: 2 hours the Paperwork Reduction Act of 1995, of an international registration may each for: Application for Cooperative Public Law 104–13 (44 U.S.C. request an extension of protection of the Quota, Application for Limited Access 3506(c)(2)(A)). international registration to the United Fishery, Application for Entry-level States. The Madrid Protocol became Fishery, and Application to Opt-out; 2 DATES: Written comments must be effective in the United States on hours for Application for Inter- submitted on or before April 7, 2009. November 2, 2003, and is implemented Cooperative Transfer of Cooperative ADDRESSES: You may submit comments under 15 U.S.C. 1141 et seq. and 37 CFR by any of the following methods: Part 2 and Part 7. Quota and Application to Participate; 4 • hours for Annual Rockfish Cooperative E-mail: [email protected]. An international application Include ‘‘0651–0051 comment’’ in the submitted through the USPTO must be Report; 6 minutes for Rockfish Catch subject line of the message. based on an active U.S. application or Report; 15 minutes for Cooperative • Fax: 571–273–0112, marked to the registration and must be filed by the Termination of Fishing Declaration; 30 attention of Susan K. Fawcett. owner of the application or registration. minutes for Vessel Check-in and Check- • Mail: Susan K. Fawcett, Records The USPTO reviews the international out; and 4 hours for Appeals. Officer, Office of the Chief Information application to certify that it corresponds Estimated Total Annual Burden Officer, Customer Information Services to the data contained in the existing Hours: 3,270. Group, Public Information Services U.S. application or registration before Estimated Total Annual Cost to Division, United States Patent and forwarding the international application Public: $5,909. Trademark Office, P.O. Box 1450, to the IB. The IB then reviews the Alexandria, VA 22313–1450. international application to determine IV. Request for Comments • Federal Rulemaking Portal: http:// whether the Madrid filing requirements www.regulations.gov. have been met and the required fees Comments are invited on: (a) Whether have been paid. If the international the proposed collection of information FOR FURTHER INFORMATION CONTACT: Requests for additional information application is unacceptable, the IB will is necessary for the proper performance send a notice of irregularity to the of the functions of the agency, including should be directed to Jennifer Chicoski, Attorney Advisor, Office of the USPTO and the applicant. The whether the information shall have applicant must respond to the Commissioner for Trademarks, United practical utility; (b) the accuracy of the irregularities to avoid abandonment, States Patent and Trademark Office, agency’s estimate of the burden unless a response from the USPTO is P.O. Box 1451, Alexandria, VA 22313– required. After any irregularities are (including hours and cost) of the 1451; by telephone at 571–272–8943; or corrected and the application is proposed collection of information; (c) by e-mail to accepted, the IB registers the mark, ways to enhance the quality, utility, and [email protected]. clarity of the information to be publishes the registration in the WIPO collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: Gazette of International Marks, and burden of the collection of information I. Abstract sends a certificate to the holder. on respondents, including through the When the mark is registered, the IB This collection of information is use of automated collection techniques notifies each country designated in the required by the Trademark Act of 1946, or other forms of information application of the request for extension 15 U.S.C. 1051 et seq., which provides of protection. Once an international technology. for the Federal registration of registration has been issued, the holder Comments submitted in response to trademarks, service marks, collective may also file subsequent designations to this notice will be summarized and/or trademarks and service marks, collective request an extension of protection to included in the request for OMB membership marks, and certification additional countries. approval of this information collection; marks. Individuals and businesses that Under Section 71 of the Trademark they also will become a matter of public use or intend to use such marks in Act, a registered extension of protection record. commerce may file an application to to the United States will be cancelled unless the holder of the international Dated: February 2, 2009. register the marks with the United States Patent and Trademark Office registration periodically files affidavits Gwellnar Banks, (USPTO). of continued use in commerce or Management Analyst, Office of the Chief The Protocol Relating to the Madrid excusable nonuse. These affidavits Information Officer. Agreement Concerning the International cannot be filed until five years after the [FR Doc. E9–2496 Filed 2–5–09; 8:45 am] Registration of Marks (‘‘Madrid USPTO registers an extension of BILLING CODE 3510–22–P Protocol’’) is an international treaty that protection. Since the USPTO will not be

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accepting these affidavits until February Registration and Subsequent public approximately 15 minutes (0.25 1, 2010, the estimated burden for these Designations that are filed on paper to hours) to one hour to complete the affidavits will not be included in this be submitted on the official IB forms. information in this collection, including collection at this time. II. Method of Collection the time to gather the necessary This collection includes the information, prepare the documents, information necessary for the USPTO to By mail, hand delivery, or and submit the completed request to the process applications for international electronically to the USPTO. USPTO. registration and related requests under III. Data the Madrid Protocol. The USPTO Estimated Total Annual Respondent provides electronic forms for filing the OMB Number: 0651–0051. Burden Hours: 1,347 hours per year. Application for International Form Number(s): PTO–2131, PTO– Estimated Total Annual Respondent Registration, Subsequent Designation, 2132, PTO–2133. Cost Burden: $417,570 per year. The and Response to a Notice of Irregularity Type of Review: Revision of a USPTO expects that the information in online through the USPTO Web site. An currently approved collection. this collection will be prepared by electronic form for the Request for Affected Public: Individuals or attorneys. Using the professional rate of Transformation is under development. households; businesses or other for- $310 per hour for attorneys in private Applicants may also submit the items in profits; and not-for-profit institutions. firms, the USPTO estimates that the Estimated Number of Respondents: this collection on paper or by using the respondent cost burden for submitting forms provided by the IB, which are 5,330 responses per year. the information in this collection will be available on the WIPO Web site. The IB Estimated Time per Response: The approximately $417,570 per year. requires Applications for International USPTO estimates that it will take the

Estimated Estimated Estimated Item time for annual annual burden response responses hours

Application for International Registration (PTO–2131) ...... 15 minutes .. 3,900 975 Subsequent Designation (PTO–2132) ...... 15 minutes .. 400 100 Response to Notice of Irregularity (PTO–2133) ...... 15 minutes .. 1,000 250 Request that the USPTO Replace a U.S. Registration with a Subsequently Registered Exten- 30 minutes .. 4 2 sion of Protection to the United States. Request to Record an Assignment or Restriction of a Holder’s Right to Dispose of an Inter- 30 minutes .. 5 3 national Registration. Request that the USPTO Transform a Cancelled Extension of Protection into an Application 15 minutes .. 6 2 for Registration under Section 1 or 44 of the Act. Petition to Review Refusal to Certify an International Application ...... 1 hour ...... 15 15 Affidavit of Continued Use or Excusable Nonuse under Section 71 of the Act ...... 15 minutes .. (1) 0

Total ...... 5,330 1,347 1 Not until Feb. 2010.

Estimated Total Annual Non-hour does have annual (non-hour) costs in filing fees to the IB as indicated in 37 Respondent Cost Burden: $529,701 per the form of filing fees and postage costs. CFR 7.7. The USPTO estimates that the year. There are no capital start-up, The USPTO charges fees for total filing fees in the form of USPTO maintenance, or recordkeeping costs processing international applications processing fees associated with this associated with this information and related requests under the Madrid collection will be approximately collection. However, this collection Protocol as set forth in 37 CFR 7.6. In $529,650 per year as calculated in the addition to these USPTO fees, accompanying table. applicants must also pay international

Estimated Estimated Item annual Fee amount annual filing responses costs

Application for International Registration, for certifying an international application based on a single basic application or registration (per international class) ...... 2,000 $100.00 $200,000.00 Application for International Registration, for certifying an international application based on more than one basic application or registration (per international class) ...... 1,900 150.00 285,000.00 Subsequent Designation ...... 400 100.00 40,000.00 Response to Notice of Irregularity ...... 1,000 0.00 0.00 Request that the USPTO Replace a U.S. Registration with a Subsequently Registered Exten- sion of Protection to the United States (per international class) ...... 4 100.00 400.00 Request to Record an Assignment or Restriction of a Holder’s Right to Dispose of an Inter- national Registration ...... 5 100.00 500.00 Request that the USPTO Transform a Cancelled Extension of Protection into an Application for Registration under Section 1 or 44 of the Act ...... 6 375.00 2,250.00 Petition to Review Refusal to Certify an International Application ...... 15 100.00 1,500.00 Affidavit of Continued Use or Excusable Nonuse under Section 71 of the Act (per inter- national class) ...... 1 100.00 0.00

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Estimated Estimated Item annual Fee amount annual filing responses costs

Total ...... 5,330 ...... 529,650.00 1 Not until Feb. 2010.

The public may submit the items in DEPARTMENT OF DEFENSE 10236, New Executive Office Building, this collection to the USPTO by mail Washington, DC 20503. through the United States Postal Office of the Secretary You may also submit comments, Service. The USPTO estimates that identified by docket number and title, Submission for OMB Review; approximately 1% (53 out of 5,300) of by the following method: Comment Request • the international applications, Federal eRulemaking Portal: http:// www.regulations.gov. Follow the subsequent designations, and responses ACTION: Notice. to notices of irregularities may be filed instructions for submitting comments. Instructions: All submissions received on paper, and that 15 of the 30 The Department of Defense has must include the agency name, docket responses for the other items in this submitted to OMB for clearance, the following proposal for collection of number and title for this Federal collection will also be filed on paper, for Register document. The general policy a total of approximately 68 of the 5,330 information under the provisions of the Paperwork Reduction Act (44 U.S.C. for comments and other submissions total responses per year being submitted from members of the public is to make by mail. The average first-class postage Chapter 35). DATES: Consideration will be given to all these submissions available for public cost for a mailed submission will be 75 viewing on the Internet at http:// cents, for a total postage cost of comments received by March 9, 2009. Title, Form, and OMB Number: www.regulations.gov as they are approximately $51 per year. Industry Cost Collection Report Survey; received without change, including any The total non-hour respondent cost OMB Control Number 0704–TBD. personal identifiers or contact burden for this collection in the form of Type of Request: New. information. filing fees and postage costs is estimated Number of Respondents: 1,613. DoD Clearance Officer: Ms. Patricia to be $529,701 per year. Responses per Respondent: 1. Toppings. Annual Responses: 1,613. Written requests for copies of the IV. Request for Comments Average Burden per Response: 30 information collection proposal should minutes. be sent to Ms. Toppings at WHS/ESD/ Comments are invited on: (a) Whether Annual Burden Hours: 807. Information Management Division, 1777 the proposed collection of information Needs and Uses: Executive Order North Kent Street, RPN, Suite 11000, is necessary for the proper performance 12829, ‘‘National Industrial Security Arlington, VA 22209–2133. of the functions of the agency, including Program’’ requires the Department of Dated: January 30, 2009. whether the information shall have Defense to account each year for the Patricia L. Toppings, practical utility; (b) the accuracy of the costs associated with implementation of agency’s estimate of the burden the National Industrial Security Program OSD Federal Register Liaison Officer, Department of Defense. (including hours and cost) of the and report those costs to the Director of proposed collection of information; (c) the Information Security Oversight [FR Doc. E9–2491 Filed 2–5–09; 8:45 am] ways to enhance the quality, utility, and Office (ISOO). In furtherance of this BILLING CODE 5001–06–P clarity of the information to be requirement, and pursuant with 32 CFR, collected; and (d) ways to minimize the Subpart F, section 2001.61(b); Classified DEPARTMENT OF DEFENSE burden of the collection of information National Security Information; Final on respondents, e.g., the use of Rule, the Secretary of Defense, acting as Office of the Secretary automated collection techniques or executive agent for the NISP, is other forms of information technology. obligated to collect cost estimates for Defense Task Force on Sexual Assault classification-related activities of in the Military Services Comments submitted in response to contractors, licensees, certificate this notice will be summarized or holders, and grantees and report them to AGENCY: Office of the Under Secretary of included in the request for OMB ISOO annually. The cost collection Defense (Personnel and Readiness); approval of this information collection; methodology employed since 1996 was DoD. they also will become a matter of public validated with the ISOO in December ACTION: Committee meeting. record. 2007. Participation in the survey is SUMMARY: On January 29, 2009 (74 FR strictly voluntary. Input is integrated Dated: January 30, 2009. 5149), the Department of Defense into a total cost figure for the President Susan K. Fawcett, announced a meeting of the Defense and is never associated with a specific Task Force on Sexual Assault in the Records Officer, USPTO, Office of the Chief facility. Information Officer, Customer Information Military Services. This notice is Frequency: Annually. Services Group, Public Information Services Respondent’s Obligation: Voluntary. published to provide the correct address Division. OMB Desk Officer: Ms. Jasmeet of the meeting location. All other [FR Doc. E9–2539 Filed 2–5–09; 8:45 am] Seehra. information remains the same. BILLING CODE 3510–16–P Written comments and ADDRESSES: Coronado Island Marriott, recommendations on the proposed 2000 Second Street, Marius Room, information collection should be sent to Coronado, California 92118. Ms. Seehra at the Office of Management FOR FURTHER INFORMATION CONTACT: and Budget, Desk Officer for DoD, Room Colonel Jackson-Chandler, Designated

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Federal Officer, Defense Task Force on licensing to a cooperative research and European Perspective of the Biofuels Sexual Assault in the Military Services, development partner. Licensing Industry 2850 Eisenhower Avenue, Suite 100, application packages are available from • Subcommittee Report-Outs Alexandria, Virginia 22314; Telephone: ECBC and all applications and • Presentation on Cellulosic Ethanol (703) 325–6640; Fax: 703–325–6710/ commercialization plans should be Commercialization from Range Fuels 6711; DSN number 221–6640; returned to ECBC by March 20, 2009. • Presentation on Enzymatic [email protected]. The Army intends to ensure that its Breakthroughs from Genencor Dated: January 30, 2009. licensed inventions are broadly Public Participation: In keeping with commercialized throughout the United Patrica Toppings, procedures, members of the public are States. welcome to observe the business of the OSD Federal Register Liaison Officer, Department of Defense. Authority: 35 U.S.C. 207, 37 CFR part 404. Biomass Research and Development Technical Advisory Committee. To [FR Doc. E9–2490 Filed 2–5–09; 8:45 am] Brenda S. Bowen, attend the meeting and/or to make oral BILLING CODE 5001–06–P Army Federal Register Liaison Officer. statements regarding any of the items on [FR Doc. E9–2537 Filed 2–5–09; 8:45 am] the agenda, you should contact Valri DEPARTMENT OF DEFENSE BILLING CODE 3710–08–P Lightner at 202–586–0937; E-mail: [email protected] or Carolyn Department of the Army Clark at (202) 586–8077; E-mail: DEPARTMENT OF ENERGY [email protected]. You must make Notice of Availability of Government- your request for an oral statement at Owned Inventions; Available for Biomass Research and Development least 5 business days before the meeting. Licensing Technical Advisory Committee Members of the public will be heard in the order in which they sign up at the AGENCY: Department of the Army, DoD. AGENCY: Department of Energy, Office of Energy Efficiency and Renewable beginning of the meeting. Reasonable ACTION: Notice. Energy. provision will be made to include the scheduled oral statements on the SUMMARY: The inventions listed below ACTION: Notice of open meeting. are assigned to the United States agenda. The Chair of the Committee will Government as represented by the SUMMARY: This notice announces an make every effort to hear the views of Secretary of the Army. The inventions open meeting of the Biomass Research all interested parties. If you would like collectively enable a Tactical Biological and Development Technical Advisory to file a written statement with the Detector (TAC–BIO), and are made Committee under the Biomass Research Committee, you may do so either before available for licensing by the and Development Act of 2000. The or after the meeting. The Chair will Department of the Army. United States Federal Advisory Committee Act (Pub. conduct the meeting to facilitate the Patent Number 6,967,338 entitled L. 92–463, 86 Stat. 770) requires that orderly conduct of business. Minutes: The minutes of the meeting ‘‘Micro UV Particle Detector’’, United agencies publish these notices in the will be available for public review and States Patent Number 7,375,348 entitled Federal Register to allow for public copying at http:// ‘‘Micro UV Detector’’, Army Case participation. This notice announces the www.brdisolutions.com/publications/ Numbers; DAM 656–06 entitled meeting of the Biomass Research and default.aspx#meetings. ‘‘Improved, Front-End Optics to the Development Technical Advisory Micro UV Detector’’, DAM 668–07 Committee. Issued at Washington, DC on February 3, entitled ‘‘Man Portable, Biological DATES AND TIMES: 2009. Aerosol Detector with High Level of February 25, 2009 at 1 p.m. to 2 p.m. Rachel Samuel, Discrimination’’, and DAM 689–08 February 26, 2009 at 8:30 a.m. to Deputy Committee Management Officer. 3:15 p.m. entitled ‘‘Photon Counting Based [FR Doc. E9–2549 Filed 2–5–09; 8:45 am] ADDRESSES: Homewood Suites— Particle Detection Algorithm.’’ BILLING CODE 6450–01–P Riverwalk—Alamo Room, 432 W. ADDRESSES: Requests for data and Market, San Antonio, TX 78205. inventor interviews should be directed to Eric McGill, telephone: 410–436– FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF ENERGY 8467, [email protected], U.S. Valri Lightner, Designated Federal State Energy Advisory Board Army Edgewood Chemical Biological Officer for the Committee, Office of Energy Efficiency and Renewable Center (ECBC), AMSRD–ECB–PI–BP– AGENCY: Department of Energy, Office of Energy, U.S. Department of Energy, TT, Bldg E3330/Rm 241 5183 Energy Efficiency and Renewable 1000 Independence Avenue, SW., Blackhawk Road, APG, MD 21010–5424. Energy. Washington, DC 20585; (202) 586–0937 Requests should be made prior to ACTION: Notice of open teleconference. February 20, 2009. or Carolyn Clark at (202) 586–8077; E-mail: [email protected]. FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice announces a SUPPLEMENTARY INFORMATION: Dhirajlal Parekh, Office of Research and teleconference of the State Energy Purpose of Meeting: To provide Technology Applications, U.S. Army Advisory Board (STEAB). The Federal advice and guidance that promotes Edgewood Chemical Biological Center, Advisory Committee Act (Pub. L. 92– research and development leading to the AMSRD–ECB–PI–BP–TT, Bldg E3330/ 463; 86 Stat. 770) requires that public production of biobased fuels and Rm 241 5183 Blackhawk Road, APG, notice of these teleconferences be biobased products. announced in the Federal Register. MD 21010–5424, telephone: 410–436– Tentative Agenda: Agenda will DATES: 8400, e-mail: include the following: February 18, 2009 at 1–2 p.m. [email protected]. EDT. • Update on USDA Biofuels Activities SUPPLEMENTARY INFORMATION: The U.S. • Update on DOE Biofuels Activities FOR FURTHER INFORMATION CONTACT: Gary Army intends to move expeditiously to • Presentation from the European Burch, STEAB Designated Federal commercialize these patents by Bioethanol Fuel Association on the Officer, Division Director, Office of

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Commercialization & Project ACTION: Notice of proposed information natural gas in interstate commerce. The Management, Golden Field Office, U.S. collection and request for comments. Commission is also empowered to Department of Energy, 1617 Cole oversee continuity of service in the Boulevard, Golden, CO 80401, SUMMARY: In compliance with the transportation of natural gas in Telephone 303–275–4801. requirements of section 3506(c)(2)(a) of interstate commerce. The information the Paperwork Reduction Act of 1995 SUPPLEMENTARY INFORMATION: collected under FERC–576 (Report of Purpose of the Board: To make (Pub. L. 104–13), the Federal Energy Service Interruptions; OMB Clearance recommendations to the Assistant Regulatory Commission (Commission) is No. 1902–0004) notifies the Commission Secretary for the Office of Energy soliciting public comment on the of: (1) Damage to jurisdictional natural Efficiency and Renewable Energy specific aspects of the information gas facilities as a result of a hurricane, regarding goals and objectives of collection described below. earthquake, or other natural disaster, or programs carried out in this sector, to DATES: Comments in consideration of terrorist activity, (2) serious make programmatic and administrative the collection of information are due interruptions to service, and (3) damage policy recommendations as appropriate, April 9, 2009. to jurisdictional natural gas facilities to encourage transfer of results of the EE ADDRESSES: Comments may be filed due to natural disaster or terrorist and RE activities carried out by DOE to either electronically or in paper format, activity, that creates the potential for non-DOE users, and to otherwise carry and should refer to Docket No. IC09– serious delivery problems on the out the Board’s responsibilities as 576–000. Documents must be prepared pipeline’s own system or the pipeline designated in the State Energy in an acceptable filing format and in grid. Efficiency Programs Improvement Act of compliance with the Federal Energy Filings in accordance with the 1990 (Pub. L. 101–440). Regulatory Commission submission provisions of section 4(d) of the Natural Tentative Agenda: Update members guidelines at http://www.ferc.gov/help/ Gas Act (NGA) (15 U.S.C. 717c) are to on routine business matters. submission-guide.asp. contain information necessary to advise Public Participation: The Comments may be filed electronically the Commission when a change in teleconference is open to the public. via the eFiling link on the Commission’s service has occurred. Under section 7(d) Written statements may be filed with Web site at http://www.ferc.gov. First of the NGA (15 U.S.C. 717f), the the Board either before or after the time users will have to establish a user Commission may issue a temporary meeting. Members of the public who name and password (http:// certificate in cases of emergency to wish to make oral statements pertaining www.ferc.gov/docs-filing/ assure maintenance of adequate service to agenda items should contact Gary eregistration.asp) before eFiling. The or to serve particular customers, without Burch at the address or telephone Commission will send an automatic notice or hearing. number listed above. Requests to make acknowledgement to the sender’s e-mail The FERC–576 initial reports are oral comments must be received five address upon receipt of comments submitted by e-mail to days prior to the conference call; through eFiling. [email protected] or by facsimile reasonable provision will be made to Commenters filing electronically transmission. 18 CFR 260.9(b) requires include requested topic(s) on the should not make a paper filing. that a report of service interruption or agenda. The Chair of the Board is Commenters that are not able to file damage to natural gas facilities state: (1) empowered to conduct the call in a electronically must send an original and The location of the service interruption fashion that will facilitate the orderly 14 copies of their comments to: Federal or damage to natural gas pipeline or conduct of business. This notice is being Energy Regulatory Commission, storage facilities; (2) The nature of any published less than 15 days before the Secretary of the Commission, 888 First damage to pipeline or storage facilities; date of the meeting due to programmatic Street, NE., Washington, DC 20426. (3) Specific identification of the issues. Users interested in receiving facilities damaged; (4) The time the automatic notification of activity in this service interruption or damage to the Notes: The notes of the teleconference will docket may do so through eSubscription facilities occurred; (5) The customers be available for public review and copying affected by the service interruption or within 60 days on the STEAB Web site, (at http://www.ferc.gov/docs-filing/ http://www.steab.org. esubscription.asp). In addition, all damage to the facilities; (6) Emergency comments and FERC issuances may be actions taken to maintain service; and Issued at Washington, DC, on February 3, viewed, printed or downloaded (7) Company contact and telephone 2009. remotely through FERC’s Web site using number. (In response to these reports, Rachel Samuel, the ‘‘eLibrary’’ link and searching on the Commission may contact other Deputy Committee Management Officer. Docket Number IC09–576. For user pipelines to determine available supply, [FR Doc. E9–2550 Filed 2–5–09; 8:45 am] assistance, contact FERC Online and if necessary, authorize transportation or construction of BILLING CODE 6450–01–P Support (e-mail at [email protected], or call toll- facilities to alleviate the problem.) The free at (866) 208–3676, or for TTY, company also reports to the DEPARTMENT OF ENERGY contact (202) 502–8659). Commission when pipeline throughput or storage deliverability has been FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory restored. Michael Miller may be reached by Commission Failure by the Commission to collect telephone at (202) 502–8415, by fax at this information would mean that it is [Docket No. IC09–576–000] (202) 273–0873, and by e-mail at unable to monitor and evaluate [email protected]. Commission Information Collection transactions, operations, and reliability Activities (FERC–576); Comment SUPPLEMENTARY INFORMATION: Under the of interstate pipelines and perform its Request; Extension Natural Gas Act (NGA) (Pub. L. 75–688) regulatory functions. (15 U.S.C. 717–717w), a natural gas In coordination with the U.S. January 29, 2009. company must obtain Commission Department of Transportation (DOT), AGENCY: Federal Energy Regulatory authorization to engage in the FERC has reviewed the reporting Commission. transportation, sale or exchange of requirements. FERC and DOT have

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concluded that there is minimal Action: The Commission is requesting Burden Statement: Public reporting duplication, the intent, timing, and the a three-year extension of the current burden for this collection is estimated information collected serve different expiration date, with no changes to the at: needs, and a common form is not existing collection of data. appropriate.1

Number of respondents Number of Average burden Total annual FERC data collection—FERC–576 [events] responses per hours per burden hours annually respondent response

(1) (2) (3) (1)×(2)×(3)

Submittal to FERC of the original e-mail and follow-up e-mail 2 ...... 40 2 2 1 2 80 Submittal of damage report to state commissions ...... 40 1 0.25 10 Submittal to FERC of copy of DOT incident report ...... 40 1 0.25 10 1 FERC needs the information immediately, and DOT receives its detailed form after 30 days. DOT’s immediate telephonic report is used to de- cide whether they need to send a field person on-site. In addition, some incidents are reportable only to FERC. 2 This includes the original e-mail, plus the follow-up e-mail (sent when throughput or storage deliverability has been restored).

The estimated cost burden to collected; and (4) ways to minimize the owned by the La Jolla, San Pasqual, and respondents is $6,076.15 (100 hours/ burden of the collection of information Rincon Indian tribes. 2080 hours per year times $126,384 per on those who are to respond, including g. Applicant Contacts: year average per employee = $6,076.15). the use of appropriate automated, Lori Vereker, Utilities Director, City of The reporting burden includes the electronic, mechanical, or other Escondido, Civic Center Plaza, 210 total time, effort, or financial resources technological collection techniques or North Broadway, Escondido, CA expended to generate, maintain, retain, other forms of information technology, 92025; disclose, or provide the information e.g., permitting electronic submission of Don A. Smith, Director of Water including: (1) Reviewing instructions; responses. Resources, Vista Irrigation District, (2) developing, acquiring, installing, and 1391 Engineer Street, Vista, CA Kimberly D. Bose, utilizing technology and systems for the 92081, (207) 945–5621. Secretary. purposes of collecting, validating, h. FERC Contact: Emily Carter, (202) [FR Doc. E9–2520 Filed 2–5–09; 8:45 am] verifying, processing, maintaining, 502–6512 or [email protected]. disclosing and providing information; BILLING CODE 6717–01–P i. Deadline for filing comments: (3) adjusting the existing ways to March 2, 2009. Reply comments due: comply with any previously applicable DEPARTMENT OF ENERGY March 17, 2009. instructions and requirements; (4) All documents (original and eight training personnel to respond to a Federal Energy Regulatory copies) should be filed with: Kimberly collection of information; (5) searching Commission D. Bose, Secretary, Federal Energy data sources; (6) completing and Regulatory Commission, 888 First reviewing the collection of information; [Project No. 176–018] Street, NE., Washington, DC 20426. and (7) transmitting, or otherwise Additional study requests and disclosing the information. City of Escondido and Vista Irrigation requests for cooperating agency status The estimate of cost for respondents District; Notice of Settlement may be filed electronically via the is based upon salaries for professional Agreement and Updated Application Internet, in lieu of paper. The and clerical support, as well as direct and Solicitation of Comments Commission strongly encourages and indirect overhead costs. Direct costs electronic filings. See 18 CFR include all costs directly attributable to January 29, 2009. 385.2001(a)(1)(iii) and the instructions providing this information, such as Take notice that the following on the Commission’s Web site (http:// administrative costs and the cost for hydroelectric application has been www.ferc.gov) under the ‘‘e-Filing’’ link. information technology. Indirect or updated and filed with the Commission j. This updated application is not overhead costs are costs incurred by an and is available for public inspection. ready for environmental analysis at this organization in support of its mission. a. Type of Application: Settlement time. These costs apply to activities which Agreement and Updated License k. The existing 1.5 MW Escondido benefit the whole organization rather Application for a New Major License. project consists of: (1) Two storage than any one particular function or b. Project No.: 176–018. reservoirs (Lake Henshaw on San Luis activity. c. Date Filed: December 15, 2008. Rey River and Lake Wohlford on Comments are invited on: (1) Whether d. Applicant: City of Escondido and Escondido Creek) with a combined the proposed collection of information Vista Irrigation District. storage capacity of approximately is necessary for the proper performance e. Name of Project: Escondido 58,000 acre-feet; (2) one well-field of the functions of the Commission, Hydroelectric Project. (Warner Ranch) that augments flow into including whether the information will f. Location: On the San Luis Rey River Lake Henshaw; (3) one diversion dam have practical utility; (2) the accuracy of in San Diego County, near Escondido, on the San Luis Rey River; (3) four the agency’s estimate of the burden of California. The project occupies 290 primary water conduits (Upper the proposed collection of information, acres of Federal lands under the Escondido Canal—5.93 miles; Rincon including the validity of the jurisdiction of the U.S. Forest Service Penstock—0.4 mile; Lower Escondido methodology and assumptions used; (3) and the U.S. Bureau of Land Canal—7.72 miles; and Wohlford ways to enhance the quality, utility, and Management. The project also occupies Penstock—0.76 mile); (4) two clarity of the information to be 66 acres of Indian Reservation lands powerhouses (Bear Valley powerhouse

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and Rincon powerhouse; (5) public DEPARTMENT OF ENERGY only deal the hydro portion of this recreation facilities at Lake Henshaw project and would consist of: (1) A and Lake Wohlford; and (6) appurtenant Federal Energy Regulatory bridge approximately 60 feet-long facilities and features. The Escondido Commission leading to, (2) a barge-mounted power project extends from Lake Henshaw at [Project No. 13053–000] module equipped with, (3) four an elevation of about 2,700 feet to Bear integrated 24 kilowatt vertical-axis Valley Powerhouse at an elevation of Green Wave Energy Solutions, LLC; helical turbines, for a total installed 750 feet. The Escondido canal currently Notice Clarifying Deadline for Filing capacity of the tidal component of 96 consists of approximately 58,404 feet of Comments, Motions To Intervene, and kilowatts, and (4) interconnection gunite lined canal; 3,567 feet of tunnel; Competing Applications transmission lines approximately 50 feet 670 feet of metal flume; 2,156 feet of January 29, 2009. in length. The tidal component of the inverted siphon; and 6,118 feet of On December 9, 2008, the project is estimated to have a minimum pipeline. Commission issued notice that Green annual generation of 420.5 megawatt- In the revised application, the Wave Energy Solutions, LLC filed an hours per year. Power generated by this applicant proposes to remove the application on October 19, 2007, project would contribute to the micro- Warner Ranch well-field, the Rincon proposing to study the feasibility of the loop utility grid to be developed on Penstock, and the Rincon powerhouse Green Wave Mendocino Project, to be Wards Island for servicing the power from the project. located on the Pacific Ocean in needs of the public recreation and park Mendocino County, California. Pursuant facilities located there. l. A copy of the updated application to that notice the deadline for filing is available for review at the Applicant Contact: Mr. Roger Bason, comments, motions to intervene, or Commission in the Public Reference Natural Currents Energy Services, LLC, competing applications is 60 days from Room or may be viewed on the 24 Roxanne Boulevard, Highland, New December 9, 2008. York 12561, phone: (845) 691–4008. Commission’s Web site at http:// The Commission has been requested www.ferc.gov using the ‘‘eLibrary’’ link. to correct any confusion as to the FERC Contact: Kelly T. Houff (202) Enter the docket number excluding the deadline date. According to 18 CFR 502–6393. last three digits in the docket number 385.2007, when the deadline falls on a Deadline for filing comments, motions field to access the document. For Saturday or Sunday, the notice period to intervene, competing applications assistance, contact FERC Online ends at the close of business on the next (without notices of intent), or notices of Support at business day. This notice clarifies that intent to file competing applications: 60 [email protected] or toll- the deadline date for filing any days from the issuance of this notice. free at 1–866–208–3676, or for TTY, documents is Monday, February 9, Comments, motions to intervene, (202) 502–8659. A copy is also available 2009. notices of intent, and competing for inspection and reproduction at the Kimberly D. Bose, applications may be filed electronically address in item h above. Secretary. via the Internet. See 18 CFR You may also register online at [FR Doc. E9–2522 Filed 2–5–09; 8:45 am] 385.2001(a)(1)(iii) and the instructions http://www.ferc.gov/docs-filing/ BILLING CODE 6717–01–P on the Commission’s Web site under the esubscription.asp to be notified via e- ‘‘e-Filing’’ link. If unable to be filed mail of new filings and issuances electronically, documents may be paper- related to this or other pending projects. DEPARTMENT OF ENERGY filed. To paper-file, an original and eight For assistance, contact FERC Online copies should be mailed to: Kimberly D. Support. Federal Energy Regulatory Bose, Secretary, Federal Energy Commission m. With this notice, we are re- Regulatory Commission, 888 First initiating consultation with the [Project No. 12718–002] Street, NE., Washington, DC 20426. For California State Historic Preservation more information on how to submit Officer (SHPO), as required by section Natural Currents Energy Services, these types of filings please go to the LLC; Notice of Preliminary Permit 106 of the National Historic Commission’s Web site located at Application Accepted for Filing and Preservation Act, and the regulations of http: Soliciting Comments, Motions To the Advisory Council on Historic //www.ferc.gov/filing-comments.asp. Intervene, and Competing Applications Preservation, 36, CFR 800.4. More information about this project can January 29, 2009. be viewed or printed on the ‘‘eLibrary’’ Kimberly D. Bose, On November 6, 2008, and link of Commission’s Web site at Secretary. supplemented on December 15, 2008, http://www.ferc.gov/docs-filing/ [FR Doc. E9–2519 Filed 2–5–09; 8:45 am] Natural Currents Energy Services, LLC elibrary.asp. Enter the docket number BILLING CODE 6717–01–P filed an application, pursuant to section (P–12718–002) in the docket number 4(f) of the Federal Power Act, proposing field to access the document. For to study the feasibility of the Wards assistance, call toll-free 1–866–208– Island Tidal Energy Project located in 3372. the East River, off the south point of Kimberly D. Bose, Wards Island in Hell’s Gate in New York County, New York. The project uses no Secretary. dam or impoundment. [FR Doc. E9–2521 Filed 2–5–09; 8:45 am] The proposed project would consist of BILLING CODE 6717–01–P a hybrid generating station using solar, wind, and tidal power generators. The preliminary permit for this project will

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DEPARTMENT OF ENERGY Docket Numbers: RP09–189–000. eLibrary system by clicking on the Applicants: Kern River Gas appropriate link in the above list. They Federal Energy Regulatory Transmission Company. are also available for review in the Commission Description: Kern River Gas Commission’s Public Reference Room in Transmission Company submits Washington, DC. There is an Combined Notice of Filings Original Sheet No. 306 et al. to FERC eSubscription link on the Web site that December 30, 2008. Gas Tariff, Second Revised Volume No. enables subscribers to receive e-mail Take notice that the Commission has 1, to be effective 1/1/09. notification when a document is added received the following Natural Gas Filed Date: 12/29/2008. to a subscribed docket(s). For assistance Pipeline Rate and Refund Report filings: Accession Number: 20081230–0178. with any FERC Online service, please e- Docket Numbers: RP09–184–000. Comment Date: 5 p.m. Eastern Time mail [email protected]. or Applicants: Sabine Pipe Line LLC. on Monday, January 12, 2009. call (866) 208–3676 (toll free). For TTY, Description: Sabine Pipe Line, LLC Docket Numbers: RP09–190–000. call (202) 502–8659. submits First Revised Sheet 273 to FERC Applicants: Sea Robin Pipeline Nathaniel J. Davis, Sr., Gas Tariff, Original Volume 1, to be Company, LLC. Deputy Secretary. effective 1/1/09. Description: Sea Robin Pipeline Co., [FR Doc. E9–2563 Filed 2–5–09; 8:45 am] Filed Date: 12/23/2008. LLC submits the Annual Flowthrough Accession Number: 20081229–0097. Crediting Mechanism Filing pursuant to BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time Section 22 of its FERC Gas Tariff, on Monday, January 5, 2009. Second Revised Volume 1. DEPARTMENT OF ENERGY Docket Numbers: RP09–185–000. Filed Date: 12/29/2008. Applicants: MoGas Pipeline LLC. Accession Number: 20081230–0177. Federal Energy Regulatory Description: MoGas Pipeline, LLC Comment Date: 5 p.m. Eastern Time Commission submits First Revised Sheet 11 et al. to on Monday, January 12, 2009. FERC Gas Tariff, First Revised Volume Any person desiring to intervene or to Combined Notice of Filings 1. protest in any of the above proceedings Filed Date: 12/23/2008. must file in accordance with Rules 211 January 2, 2009. Accession Number: 20081229–0098. and 214 of the Commission’s Rules of Take notice that the Commission has Comment Date: 5 p.m. Eastern Time Practice and Procedure (18 CFR 385.211 received the following Natural Gas on Monday, January 5, 2009. and 385.214) on or before 5 p.m. Eastern Pipeline Rate and Refund Report filings: time on the specified comment date. It Docket Numbers: RP05–422–032. Docket Numbers: RP09–186–000. Applicants: El Paso Natural Gas Applicants: Questar Southern Trails is not necessary to separately intervene Company. again in a subdocket related to a Pipeline Company. Description: El Paso Natural Gas compliance filing if you have previously Description: Questar Southern Trails Company’s Supplemental Refund intervened in the same docket. Protests Pipeline Company submits Ninth Report. Revised Sheet 4 et al. to FERC Gas will be considered by the Commission Filed Date: 12/30/2008. Tariff, Original Volume 1, to be effective in determining the appropriate action to Accession Number: 20081230–5044. 1/26/09. be taken, but will not serve to make Comment Date: 5 p.m. Eastern Time Filed Date: 12/24/2008. protestants parties to the proceeding. on Monday, January 12, 2009. Accession Number: 20081229–0197. Anyone filing a motion to intervene or Docket Numbers: RP06–200–050. Comment Date: 5 p.m. Eastern Time protest must serve a copy of that Applicants: Rockies Express Pipeline on Monday, January 5, 2009. document on the Applicant. In reference LLC. Docket Numbers: RP09–187–000. to filings initiating a new proceeding, Description: Rockies Express Pipeline Applicants: Williston Basin Interstate interventions or protests submitted on LLC submits Third Revised Sheet 8B Pipeline Company. or before the comment deadline need and 8C to FERC Gas Tariff, Second Description: Williston Basin Interstate not be served on persons other than the Revised Volume 1, to be effective 1/1/ Pipeline Company submits Seventeenth Applicant. 09. Revised Sheet 374 to FERC Gas Tariff, The Commission encourages Filed Date: 12/30/2008. Second Revised Volume 1, to be electronic submission of protests and Accession Number: 20081231–0111. effective 12/24/08. interventions in lieu of paper, using the Comment Date: 5 p.m. Eastern Time Filed Date: 12/24/2008. FERC Online links at http:// on Monday, January 12, 2009. Accession Number: 20081229–0196. www.ferc.gov. To facilitate electronic Docket Numbers: RP08–426–004. Comment Date: 5 p.m. Eastern Time service, persons with Internet access Applicants: El Paso Natural Gas on Monday, January 5, 2009. who will eFile a document and/or be Company. Docket Numbers: RP09–188–000. listed as a contact for an intervenor Description: El Paso Natural Gas Applicants: Iroquois Gas must create and validate an Company submits Thirty-Sixth Revised Transmission System, L.P. eRegistration account using the Sheet 1 et al. to FERC Gas Tariff, Second Description: Report of Iroquois Gas eRegistration link. Select the eFiling Revised Volume 1A, to be effective 1/1/ Transmission System, L.P. under RP09– link to log on and submit the 09. 198. Iroquois Gas submits the schedules intervention or protests. Filed Date: 12/30/2008. which reflect revised calculations Persons unable to file electronically Accession Number: 20081231–0277. supporting the Measurement Variance/ should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time Fuel Use Factors utilized during the of the intervention or protest to the on Monday, January 12, 2009. period 07/01/08–12/31/08. Federal Energy Regulatory Commission, Docket Numbers: RP96–272–086. Filed Date: 12/29/2008. 888 First St., NE., Washington, DC Applicants: Northern Natural Gas Accession Number: 20081229–5049. 20426. Company. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings Description: Northern Natural Gas on Monday, January 12, 2009. are accessible in the Commission’s Company submits Second Revised Sheet

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66B.01a et al. to FERC Electric Gas must file in accordance with Rules 211 DEPARTMENT OF ENERGY Tariff, Fifth Revised Volume 1, effective and 214 of the Commission’s Rules of 1/1/09. Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory Filed Date: 12/30/2008. and 385.214) on or before 5 p.m. Eastern Commission Accession Number: 20081231–0109. time on the specified comment date. It Combined Notice of Filings Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene on Monday, January 12, 2009. again in a subdocket related to a January 15, 2009. Docket Numbers: RP96–331–020. compliance filing if you have previously Take notice that the Commission has Applicants: National Fuel Gas Supply intervened in the same docket. Protests received the following Natural Gas Corporation. will be considered by the Commission Pipeline Rate and Refund Report filings: Description: National Fuel Gas Supply Docket Numbers: RP09–133–001. Corporation submits Substitute Eighth in determining the appropriate action to Applicants: Columbia Gas Revised Sheet 12 and Fifth Revised be taken, but will not serve to make protestants parties to the proceeding. Transmission Corporation. Sheet 13 to FERC Gas Tariff, Fourth Description: Columbia Gas Revised Volume 1, to be effective 12/1/ Anyone filing a motion to intervene or protest must serve a copy of that Transmission Corporation submits Sixth 08. Revised Sheet 405 and Seventh Revised Filed Date: 12/30/2008. document on the Applicant. In reference Sheet 406 to FERC Gas Tariff, Second Accession Number: 20081231–0108. to filings initiating a new proceeding, Revised Volume 1. Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Filed Date: 01/09/2009. on Monday, January 12, 2009. or before the comment deadline need Accession Number: 20090112–0172. Docket Numbers: RP96–383–090. not be served on persons other than the Comment Date: 5 p.m. Eastern Time Applicants: Dominion Transmission, Applicant. on Wednesday, January 21, 2009. Inc. The Commission encourages Docket Numbers: RP09–212–000. Description: Dominion Transmission, electronic submission of protests and Applicants: Southern Natural Gas Inc submits Fourteenth Revised Sheet interventions in lieu of paper, using the Company. 1405 to FERC Gas Tariff, Third Revised FERC Online links at http:// Description: Southern Natural Gas Volume 1, to be effective 1/1/09. www.ferc.gov. To facilitate electronic Company submits Eighteenth Revised Filed Date: 12/30/2008. service, persons with Internet access Sheet 2 et al. to FERC Gas Tariff, Accession Number: 20081231–0110. Seventh Revised Volume 1 in Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be compliance with Order 717. on Monday, January 12, 2009. listed as a contact for an intervenor must create and validate an Filed Date: 01/13/2009. Docket Numbers: RP08–436–002. eRegistration account using the Accession Number: 20090114–0190. Applicants: Stingray Pipeline eRegistration link. Select the eFiling Comment Date: 5 p.m. Eastern Time Company, L.L.C. on Monday, January 26, 2009. Description: Stingray Pipeline link to log on and submit the intervention or protests. Docket Numbers: RP09–213–000. Company, LLC submits substitute Fifth Applicants: Gas Transmission Revised Sheet No 103 to remove the Persons unable to file electronically Northwest Corporation. incorrect reference to Fahrenheit to be should submit an original and 14 copies Description: Gas Transmission effective 11/1/08. of the intervention or protest to the Northwest Corporation submits revised Filed Date: 12/30/2008. Federal Energy Regulatory Commission, tariff sheets, listed in Appendix A, to Accession Number: 20081231–0107. 888 First St., NE., Washington, DC reflect tariff modifications necessitated Comment Date: 5 p.m. Eastern Time 20426. by Order 712. on Monday, January 12, 2009. The filings in the above proceedings Filed Date: 01/13/2009. Docket Numbers: RP09–191–000. are accessible in the Commission’s Accession Number: 20090114–0189. Applicants: Florida Gas Transmission eLibrary system by clicking on the Comment Date: 5 p.m. Eastern Time Company, LLC. on Monday, January 26, 2009. Description: Florida Gas Transmission appropriate link in the above list. They are also available for review in the Docket Numbers: CP08–6–003. Company, LLC submits the Annual Applicants: Midcontinent Express Accounting Report of Revenues and Commission’s Public Reference Room in Washington, DC. There is an Pipeline LLC. Costs-System Balancing for the period Description: Midcontinent Express August 2007 through July 2008. eSubscription link on the Web site that enables subscribers to receive e-mail Pipeline LLC submits an abbreviated Filed Date: 12/30/2008. application for limited amendment of notification when a document is added Accession Number: 20081231–0278. certificate authority. Comment Date: 5 p.m. Eastern Time to a subscribed dockets(s). For Filed Date: 01/09/2009. on Monday, January 12, 2009. assistance with any FERC Online Accession Number: 20090112–0181. Docket Numbers: RP09–192–000. service, please e-mail Comment Date: 5 p.m. Eastern Time Applicants: Dominion Cove Point [email protected]. or call on Monday, January 26, 2009. LNG, LP. (866) 208–3676 (toll free). For TTY, call Any person desiring to intervene or to Description: Dominion Cove Point (202) 502–8659. protest in any of the above proceedings LNG, LP submits Second Revised Sheet Nathaniel J. Davis, Sr., must file in accordance with Rules 211 24 et al. to FERC Gas Tariff, Original and 214 of the Commission’s Rules of Volume 1, to be effective 1/29/09. Deputy Secretary. Practice and Procedure (18 CFR 385.211 Filed Date: 12/30/2008. [FR Doc. E9–2564 Filed 2–5–09; 8:45 am] and 385.214) on or before 5 p.m. Eastern Accession Number: 20081231–0279. BILLING CODE 6717–01–P time on the specified comment date. It Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene on Monday, January 12, 2009. again in a subdocket related to a Any person desiring to intervene or to compliance filing if you have previously protest in any of the above proceedings intervened in the same docket. Protests

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will be considered by the Commission containing negotiated rate provisions Applicants: Public Service in determining the appropriate action to executed with Texla Energy Commission of New York. be taken, but will not serve to make Management, Inc. Description: National Fuel Gas Supply protestants parties to the proceeding. Filed Date: 01/29/2009. Corp. submits its Semi-annual Report of Anyone filing a motion to intervene or Accession Number: 20090202–0478. Operational Sales of Gas. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Filed Date: 01/30/2009. document on the Applicant. In reference on Tuesday, February 10, 2009. Accession Number: 20090130–5046. to filings initiating a new proceeding, Docket Numbers: RP96–320–098. Comment Date: 5 p.m. Eastern Time interventions or protests submitted on Applicants: Gulf South Pipeline on Wednesday, February 11, 2009. or before the comment deadline need Company, LP. Docket Numbers: RP09–42–001. not be served on persons other than the Description: Gulf South Pipeline Applicants: Hardy Storage Company, Applicant. Company submits Amendment to LLC. The Commission encourages Negotiated Rate Letter Agreement re the Description: Hardy Storage Company electronic submission of protests and East Texas to Mississippi Expansion submits tariff sheets for inclusion in its interventions in lieu of paper, using the Project. tariff, proposed to be effective 3/1/09. FERC Online links at http:// Filed Date: 01/30/2009. Filed Date: 01/30/2009. www.ferc.gov. To facilitate electronic Accession Number: 20090203–0015. Accession Number: 20090203–0014. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be on Wednesday, February 11, 2009. on Wednesday, February 11, 2009. listed as a contact for an intervenor Docket Numbers: RP99–176–180. Docket Numbers: RP96–272–087. must create and validate an Applicants: Natural Gas Pipeline Applicants: Northern Natural Gas eRegistration account using the Company of America. Company. eRegistration link. Select the eFiling Description: Natural Gas Pipeline Description: Northern Natural Gas Co link to log on and submit the Company of America, LLC submits an submits 15 Revised Sheet 66B.01 et al. intervention or protests. amendment to an existing negotiated Persons unable to file electronically to FERC Gas Tariff, Fifth Revised rate Transportation Rate Schedule FTS Volume 1, to be effective 2/1/09. should submit an original and 14 copies Agreement with Tenaska Marketing of the intervention or protest to the Filed Date: 01/30/2009. Ventures. Accession Number: 20090203–0035. Federal Energy Regulatory Commission, Filed Date: 01/29/2009. 888 First St., NE., Washington, DC Comment Date: 5 p.m. Eastern Time Accession Number: 20090202–0476. on Wednesday, February 11, 2009. 20426. Comment Date: 5 p.m. Eastern Time The filings in the above proceedings on Tuesday, February 10, 2009. Docket Numbers: RP09–309–000. Applicants: Natural Gas Pipeline are accessible in the Commission’s Docket Numbers: RP99–176–181. Company of America. eLibrary system by clicking on the Applicants: Natural Gas Pipeline Description: Natural Gas Pipeline appropriate link in the above list. They Company of America. Company of America, LLC submits First are also available for review in the Description: Natural Gas Pipeline Revised Sheet 27 et al. to FERC Gas Commission’s Public Reference Room in Company of America, LLC submits the Tariff, Seventh Revised Volume 1. Washington, DC. There is an Storage Rate Schedule NSS Agreements Filed Date: 01/29/2009. eSubscription link on the Web site that etc. enables subscribers to receive e-mail Filed Date: 01/29/2009. Accession Number: 20090130–0126. notification when a document is added Accession Number: 20090202–0477. Comment Date: 5 p.m. Eastern Time to a subscribed dockets(s). For Comment Date: 5 p.m. Eastern Time on Tuesday, February 10, 2009. assistance with any FERC Online on Tuesday, February 10, 2009. Docket Numbers: RP09–310–000. service, please e-mail Docket Numbers: RP99–176–182. Applicants: Gulf Crossing Pipeline [email protected]. or call Applicants: Natural Gas Pipeline Company, LLC. (866) 208–3676 (toll free). For TTY, call Company of America. Description: Gulf South Pipeline (202) 502–8659. Description: Natural Gas Pipeline Company, LLC submits a negotiated rate Nathaniel J. Davis, Sr., Company of America, LLC submits agreement under Rate Schedule FTS executed. Deputy Secretary. amendments to the Transportation Rate Schedule FTS Agreement with Eagle Filed Date: 01/29/2009. [FR Doc. E9–2565 Filed 2–5–09; 8:45 am] Accession Number: 20090130–0127. BILLING CODE 6717–01–P Energy Partners I, LP. Filed Date: 01/29/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20090202–0479. on Tuesday, February 10, 2009. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–311–000. on Tuesday, February 10, 2009. Applicants: Northern Border Pipeline Federal Energy Regulatory Docket Numbers: RP04–274–014. Company. Commission Applicants: Kern River Gas Description: Northern Border Pipeline Transmission Company. Company submits First Revised Sheet Combined Notice of Filings Description: Kern River Gas 272B et al. to FERC Gas Tariff, First February 3, 2009. Transmission Company submits 2nd Revised Volume 1, to be effective 3/3/ Take notice that the Commission has Substitute 6th Revised 18th Revised 09. received the following Natural Gas Sheet 5 et al. to FERC Gas Tariff, Second Filed Date: 01/29/2009. Pipeline Rate and Refund Report filings: Revised Volume 1. Accession Number: 20090202–0544. Docket Numbers: RP96–320–097. Filed Date: 01/30/2009. Comment Date: 5 p.m. Eastern Time Applicants: Gulf South Pipeline Accession Number: 20090203–0013. on Tuesday, February 10, 2009. Company, LP. Comment Date: 5 p.m. Eastern Time Docket Numbers: RP09–312–000. Description: Gulf South Pipeline Co on Wednesday, February 11, 2009. Applicants: Millennium Pipeline submits a capacity release agreement Docket Numbers: RP06–298–008. Company, LLC.

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Description: Millennium Pipeline Applicants: Millennium Pipeline Commission’s Public Reference Room in Company, LLC submits First Revised Company, L.L.C. Washington, DC. There is an Sheet 6 to FERC Gas Tariff, Original Description: Millennium Pipeline Co, eSubscription link on the Web site that Volume 1, to be effective 2/1/09. LLC submits First Revised Sheet 178 et enables subscribers to receive e-mail Filed Date: 01/29/2009. al. to FERC Gas Tariff, Original Volume notification when a document is added Accession Number: 20090202–0545. 1, to be effective 3/1/09. to a subscribed dockets(s). For Comment Date: 5 p.m. Eastern Time Filed Date: 01/30/2009. assistance with any FERC Online on Tuesday, February 10, 2009. Accession Number: 20090203–0031. service, please e-mail Docket Numbers: RP09–313–000. Comment Date: 5 p.m. Eastern Time [email protected]. or call Applicants: Gulf Crossing Pipeline on Wednesday, February 11, 2009. (866) 208–3676 (toll free). For TTY, call Company LLC. Docket Numbers: RP09–321–000. (202) 502–8659. Applicants: MarkWest Pioneer, L.L.C. Description: Gulf Crossing Pipeline Nathaniel J. Davis, Sr., Company, LLC submits the Interim Description: Markwest Pioneer, LLC Deputy Secretary. Negotiated Rate Agreement re the Gulf submits its FERC Gas Tariff, Original Crossing Project. Volume 1 for the Arkoma Connector [FR Doc. E9–2567 Filed 2–5–09; 8:45 am] Filed Date: 01/30/2009. Pipeline to be effective 4/1/09. BILLING CODE 6717–01–P Accession Number: 20090203–0021. Filed Date: 01/30/2009. Comment Date: 5 p.m. Eastern Time Accession Number: 20090203–0030. on Wednesday, February 11, 2009. Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY on Wednesday, February 11, 2009. Docket Numbers: RP09–315–000. Federal Energy Regulatory Any person desiring to intervene or to Applicants: East Tennessee Natural Commission Gas, LLC. protest in any of the above proceedings Description: East Tennessee Natural must file in accordance with Rules 211 [Docket No. PF09–4–000] Gas, LLC submits Fourth Revised Sheet and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 306 and 373 to its FERC Gas Tariff, Fayetteville Express Pipeline, LLC; Third Revised Volume 1, to be effective and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It Notice of Intent To Prepare an 4/1/09. Environmental Assessment for the Filed Date: 01/30/2009. is not necessary to separately intervene again in a subdocket related to a Fayetteville Express Pipeline Project, Accession Number: 20090203–0019. Request for Comments on Comment Date: 5 p.m. Eastern Time compliance filing if you have previously intervened in the same docket. Protests Environmental Issues, and Notice of on Wednesday, February 11, 2009. Public Scoping Meetings Docket Numbers: RP09–317–000. will be considered by the Commission Applicants: Texas Gas Transmission, in determining the appropriate action to January 30, 2009. be taken, but will not serve to make LLC. The staff of the Federal Energy protestants parties to the proceeding. Description: Texas Gas Transmission, Regulatory Commission (FERC or Anyone filing a motion to intervene or LLC submits Second Revised Sheet Commission) will prepare an protest must serve a copy of that 2200, and First Revised Sheet 3201 to environmental assessment (EA) that will document on the Applicant. In reference FERC Gas Tariff, Third Revised Volume discuss the environmental impacts of to filings initiating a new proceeding, 1, to be effective 3/1/09. the Fayetteville Express Pipeline Project interventions or protests submitted on Filed Date: 01/30/2009. (project) planned by Fayetteville or before the comment deadline need Accession Number: 20090203–0034. Express Pipeline, LLC (FEP). The project not be served on persons other than the Comment Date: 5 p.m. Eastern Time consists of about 185 miles of 42-inch- on Wednesday, February 11, 2009. Applicant. The Commission encourages diameter pipeline within the states of Docket Numbers: RP09–318–000. electronic submission of protests and Arkansas and Mississippi. Applicants: Northern Natural Gas interventions in lieu of paper, using the This notice announces the opening of Company. FERC Online links at http:// the scoping process used to gather input Description: Northern Natural Gas Co www.ferc.gov. To facilitate electronic from the public and interested agencies submits 81 Revised Sheet 53 et al. to service, persons with Internet access on the project. Your input will help the FERC Gas Tariff, Fifth Revised Volume who will eFile a document and/or be Commission staff determine which 1, to be effective 4/1/09. listed as a contact for an intervenor issues need to be evaluated in the EA. Filed Date: 01/30/2009. must create and validate an The staff will also use the scoping Accession Number: 20090203–0033. eRegistration account using the process to determine whether Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling preparation of an environmental impact on Wednesday, February 11, 2009. link to log on and submit the statement is more appropriate for this Docket Numbers: RP09–319–000. intervention or protests. project based on the anticipated level of Applicants: Texas Gas Transmission, Persons unable to file electronically impacts. Please note that the scoping LLC. should submit an original and 14 copies period will close on March 2, 2009. Description: Texas Gas Transmission, of the intervention or protest to the Comments regarding this project may LLC submits First Revised Sheet 5225 et Federal Energy Regulatory Commission, be submitted in written form or al. to FERC Gas Tariff, Third Revised 888 First St., NE., Washington, DC verbally. Further details on how to Volume 1, to be effective 3/1/09. 20426. submit written comments are provided Filed Date: 01/30/2009. The filings in the above proceedings in the Public Participation section of Accession Number: 20090203–0032. are accessible in the Commission’s this notice. In lieu of or in addition to Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the sending written comments, we invite on Wednesday, February 11, 2009. appropriate link in the above list. They you to attend the public scoping Docket Numbers: RP09–320–000. are also available for review in the meetings we have scheduled as follows:

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Date and time Location

Tuesday, February 17, 2009; 7 p.m ...... Carmichael Community Center, 801 S. Elm St., Searcy, AR 72143. Wednesday, February 18, 2009; 7 p.m ...... Forrest City Civic Center, 1335 N. Washington, Forrest City, AR 72335. Thursday, February 19, 2009; 7 p.m ...... Batesville Civic Center, 290 Civic Center Drive, Batesville, MS 38606.

Interested groups and individuals are • A new 72,000 horsepower (hp) whenever it considers the issuance of a encouraged to attend the meetings and compressor station in White County, Certificate of Public Convenience and to present comments on the Arkansas; Necessity. NEPA also requires us to environmental issues that they believe • 18 metering and regulation (M&R) discover and address concerns the should be addressed in the EA. A stations at planned interconnections in public may have about proposals. This transcript of the meetings will be Conway, Faulkner, White, and Cleburne process is referred to as ‘‘scoping.’’ The generated so that your comments will be Counties, Arkansas; and Coahoma, main goal of the scoping process is to accurately recorded. Quitman, and Panola Counties, focus the analysis in the EA on the This Notice of Intent (NOI) is being Mississippi; important environmental issues. By this sent to affected landowners; federal, • 18 mainline valves; and NOI, the Commission staff requests • 2 state, and local government Up to two pig launcher and public comments on the scope of the representatives and agencies; receiver facilities at the beginning and issues to address in the EA. All environmental and public interest end of the pipeline, and a pig launcher comments received are considered groups; Native American tribes; other and receiver facility at the Natural Gas during the preparation of the EA. State interested parties in this proceeding; Pipeline Company of America (NGPL) and local government representatives and local libraries and newspapers. We 1 interconnection site in White County, are encouraged to notify their encourage government representatives Arkansas. constituents of this planned action and to notify their constituents of this The Fayetteville Express Pipeline encourage them to comment on their planned project and encourage them to Project would provide FEP with areas of concern. comment on their areas of concern. approximately 2,000,000 dekatherms In the EA we will discuss impacts that If you are a landowner receiving this per day of capacity to accommodate could occur as a result of the notice, you may be contacted by a new natural gas production from the construction and operation of the pipeline company representative about Fayetteville Shale in north-central planned project under these general Arkansas to markets served by NGPL, headings: the acquisition of an easement to • construct, operate, and maintain the Texas Gas Transmission, LLC (TGT), Geology and soils. • Land use. planned facilities. The pipeline ANR Pipeline Company (ANR), and • Water resources, fisheries, and company would seek to negotiate a Trunkline Gas Company, LLC (Trunkline). wetlands. mutually acceptable agreement. • Cultural resources. However, if the project is approved by A general location map of FEP’s planned facilities is provided in • Vegetation and wildlife. the Commission, that approval conveys • Appendix 1.3 Air quality and noise. with it the right of eminent domain. • Endangered and threatened species. Therefore, if easement negotiations fail Land Requirements for Construction • Safety and reliability. • to produce an agreement, the pipeline Construction of FEP’s planned Alternatives. company could initiate condemnation facilities would require about 4,265 We will also evaluate possible proceedings in accordance with state acres of land including aboveground alternatives to the planned project or law. facilities, pipeline, and access roads. portions of the project, and make A fact sheet prepared by the FERC, Following construction, about 1,216 recommendations on how to lessen or ‘‘An Interstate Natural Gas Facility on acres would be used for operation of the avoid impacts on the various resource My Land? What Do I Need to Know?’’ project’s facilities. The remaining 3,049 areas. is available for viewing on the FERC acres of land would be restored or Although no formal application has Web site (http://www.ferc.gov). This fact allowed to revert to former use along the been filed, we have already initiated our sheet addresses a number of typically pipeline right-of-way and aboveground NEPA review under the Commission’s asked questions, including those facility sites. Pre-filing Process. The purpose of the focusing on the use of eminent domain Pre-filing Process is to encourage early and how to participate in the FERC’s The EA Process involvement of interested stakeholders proceedings. The National Environmental Policy and to identify and resolve issues before an application is filed with the FERC. Summary of the Planned Projects Act (NEPA) requires the Commission to take into account the environmental As part of our Pre-filing Process review, The planned Fayetteville Express impacts that could result from an action we have begun to contact some federal Pipeline Project would consist of the and state agencies to discuss their following facilities: 2 A pig is an internal tool that can be used to involvement in the scoping process and • About 185 miles of 42-inch- clean and dry a pipeline and/or to inspect it for the preparation of the EA. In addition, diameter pipeline in Conway, Faulkner, damage or corrosion. representatives from the FERC 3 The appendices referenced in this notice are not participated in public open houses Cleburne, White, Woodruff, Saint being printed in the Federal Register. Copies of all Francis, Lee, and Phillips Counties in appendices, other than Appendix 1 (maps), are sponsored by FEP in the project area on Arkansas; and Coahoma, Quitman, and available on the Commission’s Web site at the December 2–4 and December 9–10, Panola Counties in Mississippi; ‘‘eLibrary’’ link or from the Commission’s Public 2008, to explain the environmental Reference Room, 888 First Street, NE., Washington, review process to interested DC 20426, or call (202) 502–8371. For instructions 1 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the on connecting to eLibrary refer to the last page of stakeholders. environmental staff of the FERC’s Office of Energy this notice. Copies of the appendices were sent to Our independent analysis of the Projects. all those receiving this notice in the mail. issues will be in the EA. Depending on

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the comments received during the all instances please reference the project proceeding. Intervenors play a more scoping process, the EA may be docket number PF09–4–000 with your formal role in the process and are able published and mailed to federal, state, submission. The docket numbers can be to file briefs, appear at hearings, and be and local agencies, public interest found on the front of this notice. The heard by the courts if they choose to groups, interested individuals, affected Commission encourages electronic filing appeal the Commission’s final ruling. landowners, newspapers, libraries, and of comments and has dedicated eFiling An intervenor formally participates in a the Commission’s official service list for expert staff available to assist you at Commission proceeding by filing a this proceeding. A comment period will 202–502–8258 or [email protected]. request to intervene. Instructions for be allotted for review if the EA is (1) You may file your comments becoming an intervenor are included in published. We will consider all electronically by using the Quick the User’s Guide under the ‘‘eFiling’’ comments on the EA before we make Comment feature, which is located on link on the Commission’s Web site. our recommendations to the the Commission’s Internet Web site at Please note that you may not request Commission. To ensure your comments http://www.ferc.gov under the link to intervenor status at this time. You must are considered, please carefully follow Documents and Filings. A Quick wait until a formal application is filed the instructions in the public Comment is an easy method for with the Commission. interested persons to submit text-only participation section below. Availability of Additional Information With this NOI, we are asking federal, comments on a project; state, and local agencies with (2) You may file your comments Additional information about the jurisdiction and/or special expertise electronically by using the eFiling project is available from the with respect to environmental issues to feature, which is located on the Commission’s Office of External Affairs, formally cooperate with us in the Commission’s Internet Web site at at 1–866–208–FERC or on the FERC preparation of the EA. These agencies http://www.ferc.gov under the link to Internet Web site (http://www.ferc.gov) may choose to participate once they Documents and Filings. eFiling involves using the eLibrary link. Click on the have evaluated the proposal relative to preparing your submission in the same eLibrary link, click on ‘‘General Search’’ their responsibilities. Additional manner as you would if filing on paper, and enter the docket number excluding agencies that would like to request and then saving the file on your the last three digits in the Docket cooperating agency status should follow computer’s hard drive. You will attach Number field. Be sure you have selected the instructions for filing comments that file as your submission. New an appropriate date range. For provided under the Public Participation eFiling users must first create an assistance, please contact FERC Online section of this NOI. account by clicking on ‘‘Sign up’’ or Support at [email protected] ‘‘eRegister.’’ You will be asked to select or toll free at 1–866–208–3676, or for Currently Identified Environmental the type of filing you are making. A TTY, contact (202) 502–8659. The Issues comment on a particular project is eLibrary link also provides access to the We have already identified several considered a ‘‘Comment on a Filing;’’ or texts of formal documents issued by the issues that we think deserve attention (3) You may file your comments via Commission, such as orders, notices, based on a preliminary review of the mail to the Commission by sending an and rulemakings. planned facilities and the original and two copies of your letter to: In addition, the Commission now environmental information provided by Kimberly D. Bose, Secretary, Federal offers a free service called eSubscription FEP. This preliminary list of issues may Energy Regulatory Commission, 888 which allows you to keep track of all be changed based on your comments First St., NE., Room 1A, Washington, DC formal issuances and submittals in and our analysis. 20426. specific dockets. This can reduce the • Potential impacts on National Label one copy of the comments for amount of time you spend researching Wildlife Refuges in Arkansas; the attention of Gas Branch 1, PJ11.1. proceedings by automatically providing • Construction methods at waterbody you with notification of these filings, Environmental Mailing List crossings; and document summaries and direct links to • Proximity to Texas Gas An effort is being made to send this the documents. Go to http:// Transmission’s Fayetteville-Greenville notice to all individuals, organizations, www.ferc.gov/esubscribenow.htm. Expansion Project, currently completing and government entities interested in Public meetings or site visits will be construction. and/or potentially affected by the posted on the Commission’s calendar planned project. This includes all Public Participation located at http://www.ferc.gov/ landowners who are potential right-of- EventCalendar/EventsList.aspx along You can make a difference by way grantors, whose property may be with other related information. providing us with your specific used temporarily for project purposes, Finally, FEP has established an comments or concerns about the or who own homes within distances Internet Web site for its project at Fayetteville Express Pipeline Project. defined in the Commission’s regulations http://www.fepipeline.com. The site Your comments should focus on the of certain aboveground facilities. includes a project overview, contact potential environmental effects, If you do not want to send comments information, regulatory overview, and reasonable alternatives, and measures to at this time but still want to remain on construction procedures. FEP will avoid or lessen environmental impacts. our mailing list, please return the continue to update its Web site with The more specific your comments, the Information Request (Appendix 2). If information about the project. You can more useful they will be. To ensure that you do not return the Information also request additional information by your comments are timely and properly Request, you will be taken off the calling FEP directly, at 1–501–268–7300 recorded, please send in your comments mailing list. or e-mailing so that they will be received in [email protected]. Washington, DC on or before March 2, Becoming an Intervenor 2009. Once FEP formally files its Kimberly D. Bose, For your convenience, there are three application with the Commission, you Secretary. methods in which you can use to submit may want to become an ‘‘intervenor,’’ [FR Doc. E9–2526 Filed 2–5–09; 8:45 am] your comments to the Commission. In which is an official party to the BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Standards, and standards sanctioned by training include skills in interviewing, the Institute of Internal Auditors.’’ 4 We choosing samples of matters to be Federal Energy Regulatory allow flexibility for NERC and the audited, and evaluating evidence. Commission Regional Entities to implement their B. Pre-Audit Procedures [Docket No. AD09–3–000] compliance audit programs in that they are to base their audit processes on 7. We suggest that NERC, in the Compliance With Mandatory Reliability these auditing standards. context of developing, reviewing and Standards; Guidance Order on 4. Nevertheless, our staff has observed updating its pre-audit questionnaires, Compliance Audits Conducted by the that additional consistency in ensure that audit team requests for Electric Reliability Organization and compliance audit processes among information and documents about Regional Entities NERC and the Regional Entities within specific matters are as consistent as the United States would be beneficial. possible among the Regional Entities.7 Issued January 15, 2009. We expect NERC and Regional Entities For organizing requests for data and Before Commissioners: Joseph T. Kelliher, to implement the following guidance, as information, all compliance audit teams Chairman; Suedeen G. Kelly, Marc Spitzer, appropriate, in ongoing compliance should use a database consisting of a Philip D. Moeller, and Jon Wellinghoff audits and in all compliance audits that spreadsheet that serves as a checklist for 1. In this order, the Commission commence on or after the date of this all requirements of Reliability Standards provides guidance on conducting order. that are to be audited. 8. Compliance audit teams should compliance audits to the North A. Audit Team Leadership and request that registered entities: (1) American Electric Reliability Training Corporation (NERC), the certified organize responses to data requests and Electric Reliability Organization (ERO), 5. In order to resolve possible other audit evidence into the format that and the eight Regional Entities to which perceptions that a Regional Entity’s the audit team will use to match NERC has delegated responsibility for compliance staff is not sufficiently evidence to compliance with particular enforcing Commission-approved independent from the audited entity, requirements; and (2) cross-reference Reliability Standards within the United such as the Regional Entity itself or its the information provided to the audit States. affiliate, NERC staff sometimes leads team to specific requirements of the 2. NERC and Regional Entities compliance audit teams in which Reliability Standards being audited. conduct compliance audits of registered Regional Entity staff participates. This is Registered entities’ responses should entities subject to mandatory Reliability intended to assess compliance in an label all information that is responsive 5 Standards approved by the Commission. unbiased or professional manner. In to a particular audit team request They conduct these audits pursuant to these audits, Regional Entity staff relating to specific requirements. procedures approved by the should serve as subject matter experts, 9. Each audit team should allot Commission under FPA sections rather than lead the audit or advise on sufficient time to complete its review of 215(c)(2)(C) (certification of the ERO) its conduct or scope. NERC staff should responses to pre-audit data requests and 215(e)(4) (approval of delegation control the scope and conduct of a before beginning site visits or similar agreements), which, among other things, NERC-led audit and refrain from seeking efforts. During pre-audit preparation, require that the ERO and Regional advice from or involving Regional Entity audit teams should identify and Entities provide fair and impartial staff on the direction or findings of the examine any mitigation plans and procedures for enforcement of reliability audit. NERC and Regional Entity staff associated documentation pertaining to standards.1 This order provides should assume these roles from the standard requirements to be audited, guidance to the ERO and Regional beginning of the pre-audit stage of such including assessing, as relevant, Entities with respect to implementation a NERC-led audit until the completion whether mitigation plan milestones 6 of Section 3.1 of NERC’s Compliance of the final audit report. have been met, mitigation plans have 6. CMEP section 3.1.5 requires that for Monitoring and Enforcement Program been completed in a timely manner and all compliance audits conducted after (CMEP), which the Commission whether completion of a mitigation plan January 1, 2008, each audit team approved on April 19, 2007 pursuant to was sufficient to bring the registered member must successfully complete all FPA sections 215(c)(2) and 215(e)(4).2 entity into compliance with applicable NERC or NERC-approved Regional 8 This guidance stems from Commission requirements. Entity auditor training applicable to the staff observations of audits that NERC audit. We suggest that NERC and C. Procedures During the Compliance and the Regional Entities have Regional Entities ensure that this audit Audit conducted into whether particular users, owners and operators of the Bulk- 10. A compliance audit should 4 North American Electric Reliability Corp., 122 ascertain that the registered entity is in Power System are complying with FERC ¶ 61,245, at P 42 n.29 (2008). NERC currently Reliability Standards.3 so provides in CMEP section 3.1. The Commission compliance with a requirement or that 3. We require that NERC and Regional further clarified the matter recently by requiring there is evidence that a violation of the Entities ‘‘base their compliance audit that in CMEP section 3.1, NERC substitute the term processes in the U.S. on professional ‘‘Generally Accepted Auditing Standards’’ for 7 Cf. Guidance on Filing Reliability Notices of ‘‘Generally Accepted Accounting Standards.’’ North Penalty, 124 FERC ¶ 61,015, at P 21 (2008) (Notice auditing standards recognized in the American Electric Reliability Corp., 125 FERC of Penalty Guidance Order) (observing that the U.S., such as Generally Accepted ¶ 61,330, at P 14 n.11 (2008). format and content of compliance staff forms and Accounting Standards, Generally 5 For example, NERC staff will lead any audit questionnaires directly influence the quality and Accepted Government Auditing team conducting a compliance audit of the relevance of the information and documentation reliability coordinator function of the Western elicited in response). Electricity Coordinating Council (WECC), a 8 We recently highlighted the importance of 1 16 U.S.C. 824o(c)(2)(C) and 824o(e)(4) (2006). Regional Entity. North American Electric Reliability ascertaining whether a mitigation plan has been 2 North American Electric Reliability Corp., 119 Corp., 119 FERC ¶ 61,059, at P 35, 39 (2007). completed on time, including adequate review of FERC ¶ 61,060, at P 41 (2007). 6 This guidance does not apply to compliance documentation or self-certifications submitted by a 3 The Commission disclosed these observation audits that NERC leads for other reasons, such as registered entity, so as to bring the registered entity audits in the 2008 Report on Enforcement (Docket when NERC personnel have specialized technical into compliance with applicable requirements. No. AD07–13–001) at 26 (issued October 31, 2008). knowledge of particular standards. Notice of Penalty Guidance Order at P 35–37.

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requirement has occurred. A DEPARTMENT OF ENERGY (202) 502–8659. Comments, protests and compliance audit team should not interventions may be filed electronically consider or discuss whether a monetary Federal Energy Regulatory via the Internet in lieu of paper. See, 18 penalty or some other sanction would Commission CFR 385.2001(a)(1)(iii) and the be appropriate if the Regional Entity [Docket No. CP09–51–000 ] instructions on the Commission’s Web finds that the registered entity has site under the ‘‘e-Filing’’ link. The violated the requirement. Nor should a Natural Gas Pipeline Company of Commission strongly encourages compliance audit team base its decision America LLC; Notice of Request Under intervenors to file electronically. regarding whether evidence of a Blanket Authorization Any person or the Commission’s staff violation exists upon the resources or may, within 60 days after issuance of time needed for litigation or settlement January 29, 2009. the instant notice by the Commission, of a related notice of alleged violation.9 Take notice that on January 22, 2009, file pursuant to Rule 214 of the The Commission would look with Natural Gas Pipeline Company of Commission’s Procedural Rules (18 CFR disfavor on the conclusions of a America LLC (Natural), 3250 Lacey 385.214) a motion to intervene or notice compliance audit that is based in any Road, Suite 700, Downers Grove, Illinois of intervention and pursuant to Section way on these considerations. 60515, filed in Docket No. CP09–51– 157.205 of the regulations under the 000, an application pursuant to sections NGA (18 CFR 157.205), a protest to the 11. We emphasize that NERC and 157.205, 157.208, 157.211 and 157.212 Regional Entities need to be as request. If no protest is filed within the of the Commission’s Regulations under time allowed therefore, the proposed consistent as possible about the level of the Natural Gas Act (NGA) as amended, evidence or documentation that is activity shall be deemed to be to construct, install, own, operate, and authorized effective the day after the needed to demonstrate compliance for maintain facilities necessary to deliver particular requirements. time allowed for filing a protest. If a natural gas to the Southwest Louisiana protest is filed and not withdrawn 12. A compliance audit conducted by Lateral (Southwest Loop), which is within 30 days after the allowed time NERC or a Regional Entity should partially owned by Transcontinental for filing a protest, the instant request include an assessment of the registered Gas Pipe Line Corporation (Transco), shall be treated as an application for entity’s Reliability Standards and to Bridgeline Holdings, L.P. authorization pursuant to Section 7 of compliance program. We suggest that (Bridgeline), both located in Johnson the NGA. NERC and the Regional Entities discuss Bayou, Cameron Parish, Louisiana, how NERC’s audit guidelines and audit under Natural’s blanket certificate Kimberly D. Bose, data requests and questionnaires could issued in Docket No. CP82–402–000,1 Secretary. better elicit information on the factors all as more fully set forth in the [FR Doc. E9–2523 Filed 2–5–09; 8:45 am] discussed in our recent Policy application which is on file with the BILLING CODE 6717–01–P Statement on Compliance.10 Commission and open to the public for inspection. 13. If an audit team learns about a Natural proposes to construct, install, DEPARTMENT OF ENERGY situation that does not appear to involve own, operate, and maintain a metering a current or ongoing violation of a platform, dual metering facilities, taps, Federal Energy Regulatory Reliability Standard requirement, but and such other appurtenant facilities Commission instead represents an area of concern required to effect the interconnects to [Docket No. PR08–17–000] that could become a violation, we deliver up to 200,000 Dth/day of natural expect the team to notify the registered gas to the Southwest Loop or to deliver entity of the situation, discuss it with Bay Gas Storage Company, Ltd.; up to 200,000 Dth/day of natural gas to Notice of Staff Panel the entity, and document such Bridgeline. Natural states that it would discussions in the compliance audit cost an estimated $11,900,000 to January 30, 2009. report. We remind audit teams that they construct the proposed facilities. Take notice that the Commission will are expected to fully test compliance Any questions concerning this convene a staff panel in the above- with any non-actively monitored application may be directed to Bruce H. referenced proceeding on Thursday, standard if the teams find evidence Newsome, Vice President, Regulatory February 26, 2009, at 9:30 a.m. (EDT), in during the audit of non-compliance Products and Services, Natural Gas a room to be designated at the offices of 11 with such a standard. Pipeline Company of America LLC, the Federal Energy Regulatory 14. We believe implementation of this 3250 Lacey Road, 7th Floor, Downers Commission, 888 First Street, NE., guidance will improve the consistency Grove, Illinois 60515–7918, or via Washington, DC 20426. of compliance audits relating to telephone at (630) 725–3070, or by e- This Staff Panel will review the Reliability Standards and result in mail factual basis for Bay Gas’s 2008 annual greater compliance with them. [email protected]. adjustment to its Lost And Unaccounted By the Commission. This filing is available for review at For (LAUF) gas tracker/true-up the Commission or may be viewed on mechanism. A previous Commission Kimberly D. Bose, the Commission’s Web site at http:// Order in this docket, 126 FERC ¶ 61,018 Secretary. www.ferc.gov, using the ‘‘eLibrary’’ link. (January 12, 2009), ordered this Staff [FR Doc. E9–2527 Filed 2–5–09; 8:45 am] Enter the docket number excluding the Panel to gather evidence in order to BILLING CODE 6717–01–P last three digits in the docket number determine whether the updated LAUF filed to access the document. For recovery percentages reflected in Bay 9 This separation of roles is consistent with our assistance, please contact FERC Online Gas’s petition are fair and equitable. own staff’s practice. See 2008 Report on Support at FERC FERC conferences are accessible Enforcement at 26–27. [email protected] or call toll-free under section 508 of the Rehabilitation 10 Compliance with Statutes, Regulations, and Orders, 125 FERC ¶ 61,058 (2008). at (866) 206–3676, or, for TTY, contact Act of 1973. For accessibility 11 See NERC Rule of Procedure 401.6 and CMEP accommodations please send an e-mail section 3.1.4. 1 20 FERC ¶ 62,415 (1982). to [email protected] or call toll free

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(866) 208–3372 (voice) or 202–502–8659 SUMMARY: The Western Area Power Power Administration, Upper Great (TTY), or send a fax to 202–208–2106 Administration (Western), an agency Plains Customer Service Region, P.O. with the required accommodations. within the U.S. Department of Energy Box 35800, Billings, MT 59107–5800, All interested persons are permitted (DOE), intends to prepare an fax (406) 247–7408, or e-mail to attend. For further information please environmental impact statement (EIS) [email protected]. contact Vince Mareino at (202) 502– for the interconnection of the proposed FOR FURTHER INFORMATION CONTACT: For 6167 or e-mail [email protected]. Deer Creek Station Energy Facility information on the proposed Project, the Kimberly D. Bose, (Project) in South Dakota, in accordance EIS process, and general information with the National Environmental Policy Secretary. about interconnections with Western’s Act of 1969 (NEPA), as amended, DOE transmission system, contact Mr. Marsh [FR Doc. E9–2525 Filed 2–5–09; 8:45 am] NEPA Implementing Procedures (10 BILLING CODE 6717–01–P at the address provided above. Parties CFR 1021), and the Council on wishing to be placed on the Project Environmental Quality (CEQ) mailing list for future information, and DEPARTMENT OF ENERGY regulations for implementing NEPA (40 to receive copies of the Draft and Final CFR 1500–1508). Basin Electric Power EIS when they are available, should also Federal Energy Regulatory Cooperative (Basin Electric) has contact Mr. Marsh. Commission requested to interconnect the proposed For general information on DOE Project to Western’s power transmission [Docket Nos. RP08–591–000] NEPA review procedures or status of a system. The EIS will address Western’s NEPA review, contact Ms. Carol M. Equitrans, L.P.; Notice of Technical Federal action of whether to allow Borgstrom, Director of NEPA Policy and Conference interconnection at its White Substation, Compliance, GC–20, U.S. Department of and to make any necessary Energy, 1000 Independence Avenue January 30, 2009. modifications to Western facilities to SW., Washington, DC 20585, telephone Take notice that Commission Staff is accommodate the interconnection. The (202) 586-4600 or (800) 472-2756. EIS will also review the potential rescheduling the technical conference in SUPPLEMENTARY INFORMATION: Western, environmental impacts of constructing, the above-referenced proceedings, an agency within DOE, markets Federal operating, and maintaining Basin which was previously set to take place hydroelectric power to preference Electric’s proposed Project, which on Wednesday, January 28, 2009, to customers, as specified by law. These includes a 300 megawatt (MW) Thursday, February 5, 2009 at 10 a.m. customers include municipalities, combined-cycle natural gas generation (EST), in a room to be designated at the cooperatives, public utilities, irrigation facility and associated electric, natural offices of the Federal Energy Regulatory districts, Federal and State agencies, gas, and water lines that would be Commission, 888 First Street, NE., and Native American Tribes in 15 constructed east of White in Brookings Washington, DC 20426. western states, including South Dakota. FERC conferences are accessible and Deuel counties, South Dakota. Western owns and operates about under section 508 of the Rehabilitation Portions of Basin Electric’s proposed 17,000 miles of transmission line. Act of 1973. For accessibility Project may affect floodplains and Basin Electric is a regional wholesale accommodations please send an e-mail wetlands, so this Notice of Intent also electric generation and transmission to [email protected] or call toll free serves as a notice of proposed cooperative owned and controlled by its (866) 208–3372 (voice) or (202) 502– floodplain or wetland action, in member cooperatives. Basin Electric 8659 (TTY), or send a fax to (202) 208– accordance with 10 CFR 1022.12 (a). serves approximately 2.5 million 2106 with the required Western will hold a public scoping customers covering 430,000 square accommodations. meeting near the Project area to share miles in portions of nine states, All interested persons are permitted information and receive comments and including Colorado, Iowa, Minnesota, to attend. For further information please suggestions on the scope of the EIS. Montana, Nebraska, New Mexico, North contact Anna Fernandez at (202) 502– DATES: An open-house public scoping Dakota, South Dakota, and Wyoming. 6682 or e-mail meeting will be held on February 24, [email protected]. 2009, in White, South Dakota, from 6 Project Description Kimberly D. Bose, p.m. to 9 p.m. CST. The public scoping Basin Electric has requested Secretary. period starts with the publication of this interconnection with Western’s electric notice in the Federal Register and will [FR Doc. E9–2524 Filed 2–5–09; 8:45 am] transmission system at White continue through April 7, 2009. To be BILLING CODE 6717–01–P Substation, located in Brookings assured of consideration, all fax or e- County, South Dakota. Western’s mail comments or suggestions regarding Federal action is to consider Basin DEPARTMENT OF ENERGY the appropriate scope of the EIS must be Electric’s interconnection request under received by the end of the scoping Western’s Open Access Transmission Western Area Power Administration period. Mailed comments must be Service Tariff and make a decision postmarked no later than midnight on whether to approve or deny the Interconnection of the Proposed Deer the last day of the scoping period. interconnection request. If the decision Creek Station Energy Facility Project, ADDRESSES: The open-house public is to approve the request, Western’s South Dakota scoping meeting will be held at the action would include making necessary AGENCY: Western Area Power following location starting at 6 p.m. system modifications to accommodate Administration, U.S. Department of CST.: February 24, 2009, McKnight the interconnection of Basin Electric’s Energy. Community Hall, 228 West Main Street, proposed Project. White, SD 57276. Basin Electric’s proposed Project is to ACTION: Notice of Intent to prepare an Written comments on the scope of the construct, own, operate, and maintain Environmental Impact Statement and to EIS should be addressed to the the Deer Creek Station Energy Facility conduct scoping meetings; Notice of following: Mr. Matt Marsh, NEPA Project, a 300 MW combined-cycle floodplain and wetlands involvement. Document Manager, Western Area natural gas generation facility, water

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pipeline, transmission lines, Alternative in detail. The two Rural Utilities Service of the U.S. transmission interconnection(s), and preliminary alternative generation Department of Agriculture has been other associated facilities, all in facility sites are: invited by Western to be a cooperating Brookings and Deuel counties in eastern • The White Site I (Brookings County, agency. With this notice, Native South Dakota. The purpose of the T111N R48W, Section 25 NE Quarter). American Tribes and agencies with proposed Project is to help serve • The White Site II (Brookings jurisdiction or special expertise are increased load demand for electric County, T111N R48W, Section 2 NW invited to be cooperating agencies. Such power in the eastern portion of Basin Quarter). tribes or agencies may make a request to Electric’s service area. Basin Electric’s Basin Electric’s two alternative locations Western to be a cooperating agency by eastern service area comprises western are in close proximity to the Northern contacting Western’s NEPA Document Nebraska, northwestern and central Border Natural Gas Pipeline, water Manager. Designated cooperating Iowa, portions of southern Minnesota, sources, and the existing transmission agencies have certain responsibilities to all of South Dakota, portions of eastern system for the delivery of power to its support the NEPA process, as specified Montana, and western and central North members. The proposed generation at 40 CFR 1501.6 (b). Dakota. The need for additional facility would require new generating capacity is driven by the infrastructure, including 10 to 14 miles Environmental Issues increasing electrical power usage of the of natural gas pipeline, up to a mile of This notice is to inform agencies and Basin Electric membership consumers. 345-kilovolt (kV) transmission line, 3 to the public of Western’s Federal action Between 1999 and 2006, Basin Electric’s 4 miles of water pipeline, groundwater and Basin Electric’s proposed Project, total system peak demand increased 752 wells, a substation (on White Site II and to solicit comments and suggestions MW from 1,195 MW to 1,947 MW, or only), road access to the generation for consideration in preparing the EIS. approximately 107 MW per year. In facility, and wastewater processing. To help the public frame its comments, 2007 Basin Electric prepared a forecast Selection of White Site I would this notice contains a list of potential showing load and capability surpluses/ require the construction of a 345-kV environmental issues Western has deficits through the year 2021. The single circuit transmission line so that tentatively identified for analysis. These forecast predicts that by 2014, there will power generated could be transmitted to issues include: be a deficit of 800-900 MW for the the existing Western White Substation. 1. Impacts on protected, threatened, eastern portion of their service area. The White Site II would include endangered, or sensitive species of proposed Project’s addition of 300 MW construction of an on-site substation. A animals or plants or their critical of generation will help meet Basin short double circuit 345-kV habitats; Electric’s future energy requirements. transmission line would be needed to 2. Impacts on other biological Basin Electric’s proposed Project is transmit power from the on-site resources; subject to the jurisdiction of the South substation to the existing 345-kV 3. Impacts on land use, recreation, Dakota Public Utilities Commission transmission line, located and transportation; (SDPUC) which has regulatory authority approximately 1⁄2 mile east of the White 4. Impacts on floodplains and for siting power plants and transmission Site II. wetlands; lines within the State. Basin Electric For the 300 MW generation facility, 5. Impacts on cultural or historic will submit an application for an Energy Basin Electric proposes using a resources and tribal values; Conversion Facility Permit and a Route combined-cycle configuration where the 6. Impacts on human health and Permit to the SDPUC. The SDPUC exhaust from the combustion turbine safety; permits would authorize Basin Electric generators passes through a heat 7. Impacts on air, soil, and water to construct the proposed Project under recovery steam generator that extracts resources (including air quality, surface South Dakota rules and regulations. waste heat from the turbine exhaust. water impacts, and ground water Western intends to prepare an EIS to The recovery of the waste heat greatly impacts); analyze the impacts of its Federal action increases the efficiency of the 8. Visual impacts; and and Basin Electric’s proposed Project in combined-cycle configuration. Most of 9. Socioeconomic impacts and accordance with the NEPA, as amended, the new base load fossil-fuel fired power disproportionately high and adverse DOE NEPA Implementing Procedures plants built in the United States since impacts to minority and low-income (10 CFR 1021), and the CEQ regulations the early 1990s have used combined- populations. for implementing NEPA (40 CFR 1500- cycle technology. The generation facility This list is not intended to be all- 1508). While Western’s Federal action would burn natural gas and would inclusive or to imply any would be limited to the approval or occupy approximately 40 acres. predetermination of impacts. denial of the interconnection request Because Basin Electric’s proposed Environmental issues associated with and any modifications to Western’s Project may involve action in Western’s action and Basin Electric’s power system necessary to floodplains or wetlands, this Notice of proposed Project will be addressed accommodate the interconnection, the Intent also serves as a notice of separately in the EIS. Western invites EIS will also identify and address the proposed floodplain or wetland action, interested parties to suggest specific environmental impacts of Basin in accordance with 10 CFR 1022.12 (a). issues within these general categories, Electric’s proposed Project. Basin The EIS will include a floodplain/ or other issues not included above, to be Electric has identified two preliminary wetland assessment and floodplain/ considered in the EIS. alternative generation sites and wetland statement of findings following Public Participation associated linear facilities, located DOE regulations for compliance with approximately 20 miles east of floodplain and wetlands environmental Public participation and full Brookings and 60 miles northeast of review (10 CFR 1022). disclosure are planned for the entire EIS Sioux Falls. The EIS will evaluate these process. The EIS process will include alternatives, any other viable Agency Responsibilities the public scoping open house meeting alternatives to Basin Electric’s proposed Western is the lead Federal agency, as and a scoping comment period to solicit Project identified during the public defined at 40 CFR 1501.5 for comments from interested parties; scoping process, and the No Action preparation of the NEPA analysis. The consultation and involvement with

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appropriate Federal, State, local, and SFUND–2009–0078, by one of the telephone number: 202–566–2745; fax tribal governmental agencies; public following methods: number: 202–566–1476; e-mail address: review and a hearing on the draft EIS; • www.regulations.gov: Follow the [email protected]. publication of a final EIS; and on-line instructions for submitting SUPPLEMENTARY INFORMATION: publication of a Record of Decision comments. expected in 2010. Additional informal • E-mail: [email protected]. How Can I Access the Docket and/or public meetings may be held in the • Fax: 202–566–0276. Submit Comments? proposed Project area if public interest • Mail: EPA Docket Center (EPA/DC), EPA has established a public docket and issues indicate a need. Environmental Protection Agency, for this ICR under Docket ID No. EPA– Western will hold an open-house Mailcode: 28221T, 1200 Pennsylvania HQ–SFUND–2009–0078, which is public scoping meeting on February 24, Ave., NW., Washington, DC 20460. available for online viewing at 2009, in White, South Dakota, as noted • Hand Delivery: EPA Docket Center, www.regulations.gov, or in person above. The purpose of the scoping Environmental Protection Agency, viewing at the EPA Docket Center (EPA/ meeting is to provide information about Room 3334, 1301 Constitution Ave., DC), EPA West, Room 3334, 1301 Western’s Federal action and Basin NW., Washington, DC. Such deliveries Constitution Ave., NW., Washington, Electric’s proposed Project, display are only accepted during the Docket’s DC. The EPA/DC Public Reading Room maps, answer questions, and take normal hours of operation, and special is open from 8:30 a.m. to 4:30 p.m., written comments from interested arrangements should be made for Monday through Friday, excluding legal parties. Attendees are welcome to come deliveries of boxed information. holidays. The telephone number for the and go at their convenience and to Instructions: Direct your comments to Reading Room is 202–566–1744, and the speak one-on-one with Western and Docket ID No. EPA–HQ–SFUND–2009– telephone number for the Superfund Basin Electric representatives. The 0078. EPA’s policy is that all comments Docket is 202–566–9744. public will have the opportunity to received will be included in the public Use www.regulations.gov to obtain a provide written comments at the docket without change and may be copy of the draft collection of meeting. In addition, attendees may made available online at information, submit or view public provide written comments by fax, e- www.regulations.gov, including any comments, access the index listing of DATES mail, or mail as discussed under personal information provided, unless the contents of the docket, and to access above. the comment includes information those documents in the public docket Dated: January 30, 2009. claimed to be Confidential Business that are available electronically. Once in Timothy J. Meeks, Information (CBI) or other information the system, select ‘‘search,’’ then key in Administrator. whose disclosure is restricted by statute. the docket ID number identified in this [FR Doc. E9–2552 Filed 2–5–09; 8:45 am] Do not submit information that you document. BILLING CODE 6450–01–P consider to be CBI or otherwise protected through www.regulations.gov What Information Is EPA Particularly or e-mail. The www.regulations.gov Web Interested in? ENVIRONMENTAL PROTECTION site is an ‘‘anonymous access’’ system, Pursuant to section 3506(c)(2)(A) of AGENCY which means EPA will not know your the PRA, EPA specifically solicits identity or contact information unless comments and information to enable it [EPA–HQ–SFUND–2009–0078; FRL–8771–9] you provide it in the body of your to: comment. If you send an e-mail (i) Evaluate whether the proposed Agency Information Collection comment directly to EPA without going collection of information is necessary Activities; Proposed Collection; through www.regulations.gov your e- for the proper performance of the Comment Request; Brownfields mail address will be automatically functions of the Agency, including Program—Revitalization Grantee captured and included as part of the whether the information will have Reporting (Renewal); EPA ICR No. comment that is placed in the public practical utility; 2104.03, OMB Control No. 2050–0192 docket and made available on the (ii) Evaluate the accuracy of the AGENCY: Environmental Protection Internet. If you submit an electronic Agency’s estimate of the burden of the Agency (EPA). comment, EPA recommends that you proposed collection of information, ACTION: Notice. include your name and other contact including the validity of the information in the body of your methodology and assumptions used; SUMMARY: In compliance with the comment and with any disk or CD–ROM (iii) Enhance the quality, utility, and Paperwork Reduction Act (PRA) (44 you submit. If EPA cannot read your clarity of the information to be U.S.C. 3501 et seq.), this document comment due to technical difficulties collected; and announces that EPA is planning to and cannot contact you for clarification, (iv) Minimize the burden of the submit a request to renew an existing EPA may not be able to consider your collection of information on those who approved Information Collection comment. Electronic files should avoid are to respond, including through the Request (ICR) to the Office of the use of special characters, any form use of appropriate automated electronic, Management and Budget (OMB). This of encryption, and be free of any defects mechanical, or other technological ICR is scheduled to expire on July 31, or viruses. For additional information collection techniques or other forms of 2009. Before submitting the ICR to OMB about EPA’s public docket visit the EPA information technology, e.g., permitting for review and approval, EPA is Docket Center homepage at http:// electronic submission of responses. In soliciting comments on specific aspects www.epa.gov/epahome/dockets.htm. particular, EPA is requesting comments of the proposed information collection FOR FURTHER INFORMATION CONTACT: from very small businesses (those that as described below. Rachel Lentz, Environmental Protection employ less than 25) on examples of DATES: Comments must be submitted on Agency, Office of Brownfields and Land specific additional efforts that EPA or before April 7, 2009. Revitalization, (5105–T), Environmental could make to reduce the paperwork ADDRESSES: Submit your comments, Protection Agency, 1200 Pennsylvania burden for very small businesses identified by Docket ID No. EPA–HQ– Ave., NW., Washington, DC 20460; affected by this collection.

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What Should I Consider When I control numbers in certain EPA during the grant funding period unless Prepare My Comments for EPA? regulations is consolidated in 40 CFR an adequate public record system is You may find the following part 9. already established. Grant recipients have general suggestions helpful for preparing your Abstract: The Small Business Liability reporting and record keeping comments: Relief and Brownfields Revitalization requirements as a condition of their 1. Explain your views as clearly as Act (Pub. L. 107–118) (‘‘the Brownfields grant that result in burden. A portion of possible and provide specific examples. Amendments’’) was signed into law on this reporting and recordkeeping burden 2. Describe any assumptions that you January 11, 2002. The Act amends the is authorized under 40 CFR Parts 30 and used. Comprehensive Environmental 31 and identified in the EPA’s general 3. Provide copies of any technical Response, Compensation, and Liability grants ICR (OMB Control Number 2030– information and/or data you used that Act (CERCLA), as amended, and authorizes EPA to award grants to 0020). EPA requires Brownfields support your views. program grant recipients to maintain 4. If you estimate potential burden or States, tribes, local governments, and other eligible entities to assess and clean and report additional information to costs, explain how you arrived at the EPA on the uses and accomplishments estimate that you provide. up brownfields sites. Under the Brownfields Amendments, a associated with the funded brownfields 5. Offer alternative ways to improve activities. EPA uses several forms to the collection activity. brownfields site means real property, the expansion, redevelopment, or reuse assist grantees in reporting the 6. Make sure to submit your information and to ensure consistency of which may be complicated by the comments by the deadline identified of the information collected. EPA uses presence or potential presence of a under DATES. this information to meet Federal hazardous substance, pollutant, or 7. To ensure proper receipt by EPA, stewardship responsibilities to manage contaminant. For grant funding be sure to identify the docket ID number and track how program funds are being purposes, EPA uses the term assigned to this action in the subject spent, to evaluate the performance of ‘‘brownfields property(ies)’’ line on the first page of your response. the Brownfields Cleanup and synonymously with the term You may also provide the name, date, Redevelopment Program, to meet the ‘‘brownfields sites.’’ The Brownfields and Federal Register citation. Agency’s reporting requirements under Amendments authorize EPA to award the Government Performance Results What Information Collection Activity or several types of grants to eligible entities ICR Does This Apply to? Act, and to report to Congress and other on a competitive basis. Under subtitle A program stakeholders on the status and Affected entities: Entities potentially of the Small Business Liability Relief accomplishments of the grants program. affected by this action are: General and Brownfields Revitalization Act, This ICR addresses the burden purpose units of local government; land States, tribes, local governments, and imposed on grant recipients that are clearance authorities or other quasi- other eligible entities can receive associated with those reporting and governmental entities that operate under assessment grants to inventory, recordkeeping requirements that are the supervision and control of, or as an characterize, assess, and conduct specific to grants awarded under the agent of, a general purpose unit of local planning and community involvement Small Business Liability Relief and government; government entities related to brownfields properties; Brownfields Revitalization Act. This created by State legislature; regional cleanup grants to carry out cleanup ICR renewal modifies the annual councils or groups of general purpose activities at brownfields properties; reporting and recordkeeping burden units of local government; grants to capitalize revolving loan funds under the previous ICR. The modified redevelopment agencies that are and provide subgrants for cleanup burden reflects an increase in the chartered or otherwise sanctioned by activities; and job training grants to number of respondents subject to the the State; States; Indian Tribes other support the creation and reporting and recordkeeping than in Alaska; Alaska Native Regional implementation of environmental job requirements, and improvements to the Corporations, Alaska Native Village training and placement programs. Under reporting forms based on EPA’s Corporations, and Metlakatla Indian subtitle C of the Small Business experience implementing the grant Communities; and non-profit Liability Relief and Brownfields program. Specifically, subtitle C grant organizations. Revitalization Act, States and tribes can recipients are now subject to the Title: Brownfields Program— receive grants to establish and enhance reporting and recordkeeping Revitalization Grantee Reporting their response programs. The grants requirements previously established for (Renewal). support activities necessary to establish subtitle A grant recipients. By using the ICR numbers: EPA ICR No. 2104.03, or enhance four elements of state and same form to report information on OMB Control No. 2050–0192. tribal response programs and to meet grant activities, EPA is adopting a ICR status: This ICR is currently the public record requirements under streamlined approach that avoids scheduled to expire on July 31, 2009. the statute. The four elements eligible potential confusion among grant An Agency may not conduct or sponsor, for grant funding include: (a) Timely recipients and allows the Agency to and a person is not required to respond survey and inventory of brownfield sites collect and report program information to, a collection of information, unless it in the State or in the tribal land; (b) consistently across all brownfields displays a currently valid OMB control oversight and enforcement authorities or grants. EPA is also modifying the number. The OMB control numbers for other mechanisms and resources; (c) reporting form to simplify and clarify EPA’s regulations in title 40 of the CFR, mechanisms and resources to provide the reporting requirements, which will after appearing in the Federal Register meaningful opportunities for public improve the accuracy of information when approved, are listed in 40 CFR participation; and (d) mechanisms for reported and minimize the burden to part 9, are displayed either by approval of a cleanup plan and grant recipients. publication in the Federal Register or verification and certification that Burden Statement: The annual public by other appropriate means, such as on cleanup is complete. States and tribes reporting and recordkeeping burden for the related collection instrument or that receive funding under subtitle C this collection of information is form, if applicable. The display of OMB must establish a public record system estimated to average 1.25 hours per

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response. Burden means the total time, Dated: January 29, 2009. Summary: EPA expressed effort, or financial resources expended David R. Lloyd, environmental concerns about the by persons to generate, maintain, retain, Director, Office of Brownfields and Land potential impacts to wetlands, or disclose or provide information to or Revitalization. groundwater supply, and air quality. for a Federal agency. This includes the [FR Doc. E9–2558 Filed 2–5–09; 8:45 am] EPA also recommended measures to time needed to review instructions; BILLING CODE 6560–50–P reduce greenhouse gas emissions, and develop, acquire, install, and utilize recommended additional information technology and systems for the purposes on cumulative and growth inducing of collecting, validating, and verifying ENVIRONMENTAL PROTECTION impacts be provided in the Final EIS. Rating EC2. information, processing and AGENCY maintaining information, and disclosing [ER–FRL–8590–3] EIS No. 20080480, ERP No. D–USN– and providing information; adjust the C11023–NJ, Laurelwood Housing Area, Access at Naval Weapons existing ways to comply with any Environmental Impact Statements and Station Earle, Lease Agreement, previously applicable instructions and Regulations; Availability of EPA Monmouth County, NJ. requirements which have subsequently Comments Summary: EPA does not object to the changed; train personnel to be able to Availability of EPA comments proposed project. Rating LO. respond to a collection of information; prepared pursuant to the Environmental search data sources; complete and EIS No. 20080481, ERP No. D–NOA– Review Process (ERP), under section K80052–CA, Southwest Fisheries review the collection of information; 309 of the Clean Air Act and Section Science Center Replacement, and transmit or otherwise disclose the 102(2)(c) of the National Environmental Construction and Operation, located information. Policy Act as amended. Requests for on University of California, San Diego The ICR provides a detailed copies of EPA comments can be directed Scripps Institute of Oceanography explanation of the Agency’s estimate, to the Office of Federal Activities at Campus, La Jolla, CA. 202–564–7146. which is only briefly summarized here: Summary: EPA expressed An explanation of the ratings assigned environmental concerns about air Estimated total number of potential to draft environmental impact quality construction impacts, and respondents: 294. statements (EISs) was published in FR impacts to Diegan coastal sage scrub. dated April 6, 2008 (73 FR 19833). Frequency of response: Bi-annual for Rating EC2. subtitle C grant recipients; quarterly for Draft EISs EIS No. 20080506, ERP No. D–USA– subtitle A grant recipients. EIS No. 20080408, ERP No. D–COE– E11069–GA, Maneuver Center of Estimated total average number of E15002–GA, Fort McPherson Project, Excellence at Fort Benning, Georgia responses for each respondent: 20. Disposal and Reuse, Implementation, Project, Proposed Community Estimated total annual burden hours: in City Limits of Atlanta, Fulton Services, Personnel Support, 8,683. County, GA. Classroom Barracks, and Dining Facilities would be Constructed in Summary: EPA expressed Estimated total annual costs: three of the four Cantonment Areas, environmental concerns about potential $547,345. This includes an estimated Fort Benning, GA. burden cost of $547,345 and an impacts to air quality, as well as water Summary: EPA expressed estimated cost of $0 for capital supply and water quality; and requested that the Final EIS account for drought environmental concerns about impacts investment or maintenance and to aquatic habitats, water resources, and operational costs. conditions and impaired stream impacts. EPA also requested that the wetlands. Rating EC2. Are There Changes in the Estimates DOA consider encumbrances that would EIS No. 20080440, ERP No. DA–COE– From the Last Approval? be protective of water quality and K39052–CA, Hamilton Wetland encourage local community Restoration Project, Dredged Material There is no change in hours in the participation in the implementation of Aquatic Transfer Facility, total estimated respondent burden the proposed action. Rating EC1. Implementation, Marin County, CA. compared with that identified in the ICR EIS No. 20080421, ERP No. D–NSA– Summary: EPA expressed currently approved by OMB. D11045–MD, Fort George G. Meade environmental concerns because of the lack of information regarding avoiding What Is the Next Step in the Process for Utilities Upgrade Project, Proposes to impacts to green sturgeon and long-fin This ICR? Construct and Operate (1) North Utility Plant (2) South Generator smelt and recommended coordination EPA will consider the comments Facility and (3) Central Boiler Plant, with NOAA Fisheries. Additional received and amend the ICR as Fort George M. Meade, MD. concerns include water quality appropriate. The final ICR package will monitoring, reducing criteria pollutant Summary: EPA expressed emissions, and consistency with local then be submitted to OMB for review environmental concerns about impacts and approval pursuant to 5 CFR dredge sediment disposal goals. Rating to forested resources on the Forest EC2. 1320.12. At that time, EPA will issue Conservation Area. Rating EC2. another Federal Register notice EIS No. 20080451, ERP No. D–COE– Final EISs pursuant to 5 CFR 1320.5(a)(1)(iv) to K80051–CA, University of California EIS No. 20080456, ERP No. F–COE– announce the submission of the ICR to (UC) Merced Campus and University D40340–PA, Southern Beltway OMB and the opportunity to submit Community Project, Development of a Transportation Project, Transportation additional comments to OMB. If you Major Research University, To Allow Improvement between I–79 to Mon/ have any questions about this ICR or the for the Discharge of Fill Material into Fayette Expressway (PA Turnpike 43), approval process, please contact the 76.7 Acres of Wetlands, U.S. Army Application for U.S. Army COE technical person listed under FOR COE Section 404 Permit, Merced Section 404 Permit, Washington FURTHER INFORMATION CONTACT. County, CA. County, PA.

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Summary: EPA expressed Weekly receipt of Environmental Impact 2008. DOE/WPA was a Cooperating environmental concerns about potential Statements Agency for the above project. impacts to wetlands, and recommended Filed 01/26/2009 Through 01/30/2009 Recirculation of the FEIS is not additional efforts to avoid, minimize, Pursuant to 40 CFR 1506.9 necessary under 40 CFR 1506.3(c). and mitigate those impacts. EPA also EIS No. 20090027, Final EIS, FHW, TX, Dated: February 3, 2009. expressed concerns about the Grand Parkway/State Highway 99 Robert W. Hargrove, methodology used to identify and assess Improvement Project, Segment G, Director, NEPA Compliance Division, Office potential environmental justice issues. from Interstate Highway (IH) 45 to of Federal Activities EIS No. 20080522, ERP No. F–NRC– U.S. 59, Funding, Right-of-Way Grant, [FR Doc. E9–2556 Filed 2–5–09; 8:45 am] E06026–GA, GENERIC—License U.S. Army COE Section 404 Permit, BILLING CODE 6560–50–P Renewal of Nuclear Plants, Harris and Montgomery Counties, TX, Supplement 34 to NUREG–1437, Wait Period Ends: 03/16/2009, Regarding Vogtle Electric Generating Contact: Justin Ham 512–536–5963 FEDERAL COMMUNICATIONS Plant Units 1 and 2 (VEGP) near EIS No. 20090028, Draft EIS, NPS, IN, COMMISSION Waynesboro, GA. Indiana Dunes National Lakeshore, Summary: EPA expressed Draft White-Tailed Deer Management Notice of Public Information environmental concerns about Plan, Implementation, Lake, Porter, Collection(s) Being Submitted for radiological monitoring of plant LaPorte Counties, IN, Comment Review to the Office of Management effluents, and requested appropriate Period Ends: 04/06/2009, Contact: and Budget storage and disposition of radioactive Nick Chevance 402–661–1844 waste. EIS No. 20090029, Final EIS, NSA, MD, February 3, 2009. SUMMARY: The Federal Communications EIS No. 20080534, ERP No. F–IBR– Fort George G. Meade Utilities Commission, as part of its continuing L39041–WA, Yakima River Basin Upgrade Project, Proposes to effort to reduce paperwork burden Water Storage Feasibility Study, Construct and Operate (1) North invites the general public and other Create Additional Water Storage, Utility Plant (2) South Generator Federal agencies to take this Benton, Yakima, Kittitas Counties, Facility and (3) Central Boiler Plant, opportunity to comment on the WA. Fort George M. Meade, MD, Wait Period Ends: 03/09/2009, Contact: following information collection(s), as Summary: EPA does not object to the Jeffrey D, Williams 301–688–2970 required by the Paperwork Reduction preferred alternative for the project. EIS No. 20090030, Final EIS, COE, CO, Act (PRA) of 1995, 44 U.S.C. 3501–3520. EIS No. 20080478, ERP No. FS–COE– Fort Carson Grow the Army An agency may not conduct or sponsor K32046–CA, Pacific Los Angeles Stationing Decision, Constructing a collection of information unless it Marine Terminal, Pier 400 Berth 408 New Facilities to Support Additional displays a currently valid control Project, Construction and Operation Soldiers and their Families, Portions number. No person shall be subject to of a new Marine Terminal, U.S. Army of El Paso, Pueblo and Fremont any penalty for failing to comply with COE Section 10 and 404 Permits, Port Counties, CO, Wait Period Ends: 03/ a collection of information subject to the of Los Angeles, Los Angeles County, 09/2009, Contact: Mike Ackerman Paperwork Reduction Act (PRA) that CA. 410–436–2522 does not display a valid control number. Summary: EPA reiterated its EIS No. 20090031, Second Draft EIS Comments are requested concerning (a) environmental concerns about impacts (Tiering), FHW, IN, I–69 Evansville to Whether the proposed collection of to air quality, environmental justice Indianapolis, Indiana Project, Section information is necessary for the proper communities, and aquatic resources. 2, Oakland City to Washington, (IN– performance of the functions of the EPA recommended commitments to 64 to U.S. 50), Gibson, Pike and Commission, including whether the reduce and mitigate air quality impacts, Daviess Counties, IN, Comment information shall have practical utility; implementation of a health impact Period Ends: 06/08/2009, Contact: (b) the accuracy of the Commission’s assessment to identify appropriate Janice Osacdczuk 317–226–7486 burden estimate; (c) ways to enhance mitigations for disproportionately EIS No. 20090032, Second Draft EIS the quality, utility, and clarity of the affected neighboring communities, and (Tiering), FHW, IN, I–69 Evansville to information collected; and (d) ways to mitigation for fill. Indianapolis, Indiana Project, Section minimize the burden of the collection of Dated: February 3, 2009. 3, Washington to Crane NSWC (US 50 information on the respondents, Robert W. Hargrove, to U.S. 231), Daviess, Greene, Knox including the use of automated collection techniques or other forms of Director, NEPA Compliance Division, Office and Martin Counties, IN, Comment of Federal Activities. Period Ends: 06/08/2009, Contact: information technology. [FR Doc. E9–2555 Filed 2–5–09; 8:45 am] Janice Oscadczuk 317–226–7486 DATES: Written Paperwork Reduction Act (PRA) comments should be BILLING CODE 6560–50–P Amended Notices submitted on or before April 7, 2009. If EIS No. 20080007, Final EIS, STA, 00, you anticipate that you will be ENVIRONMENTAL PROTECTION Keystone Oil Pipeline Project, submitting PRA comments, but find it AGENCY Proposed Construction, Connection, difficult to do so within the period of Operation and Maintenance, time allowed by this notice, you should [ER–FRL–8590–2] Applicant for Presidential Permit, ND, advise the FCC contact listed below as SD, NE, KS, MO, IL and OK, Contact: soon as possible. Environmental Impact Statements; Nicholas J. Stas, 406–247–7399 Notice of Availability ADDRESSES: Direct all PRA comments to Amended Notice: The U.S. Nicholas A. Fraser, Office of Responsible Agency: Office of Federal Department of Energy’s, Western Area Management and Budget, (202) 395– Activities, General Information (202) Power Administration (DOE/WPA) has 5887, or via fax at 202–395–5167 or via 564–1399 or http://www.epa.gov/ ADOPTED the U.S. Department of Internet at compliance/nepa/. State’s FEIS #2008007 filed on 01/04/ [email protected] and

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to [email protected], Federal interference to radio communications. ID 42012, BMPH–20081124ALA, From Communications Commission, or an The data may be used for investigating TOPEKA, KS, To CARBONDALE, KS; e-mail to [email protected]. complaints of harmful interference; to LA KE MANDA BROADCASTING, FOR FURTHER INFORMATION CONTACT: For determine that the equipment marketed Station KYZQ, Facility ID 166035, additional information, contact Judith B. complies with the applicable FCC Rules; BMPH–20081208AAM, From SULPHUR Herman at 202–418–0214 or via the and to insure that the operation of the BLUFF, TX, To MOUNT VERNON, TX; Internet at [email protected]. equipment is consistent with the LARAMIE MOUNTAIN initially documented test results. BROADCASTING, LLC, Station KUSZ, SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0636. Federal Communications Commission. Facility ID 9761, BPH–20080312ADR, Title: Section 2.1075, Equipment Marlene H. Dortch, From LARAMIE, WY, To LOVELAND, CO; LEGEND COMMUNICATIONS OF Authorization—Declaration of Secretary. WYOMING, LLC, Station KZMQ, Compliance. [FR Doc. E9–2569 Filed 2–5–09; 8:45 am] Facility ID 5245, BP–20081209ACV, Form No.: N/A. BILLING CODE 6712–01–P Type of Review: Extension of a From GREYBULL, WY, To TEN SLEEP, WY; MATTHEW PROVENZANO, currently approved collection. Station KHLT, Facility ID 67285, BP– Respondents: Business or other for- FEDERAL COMMUNICATIONS 20081222ACM, From HALLETTSVILLE, profit entities. COMMISSION TX, To STOCKDALE, TX; NEW Number of Respondents: 4,000 HAMPSHIRE GOSPEL RADIO, INC., respondents; 4,000 responses. Radio Broadcasting Services; AM or Station WANH, Facility ID 122150, Estimated Time per Response: 18 FM Proposals To Change The BMPED–20081126AFY, From hours (avg.). Community of License LACONIA, NH, To MEREDITH, NH; Frequency of Response: AGENCY: Federal Communications ONTARIO BROADCASTING, INC, Recordkeeping; One-time reporting Commission. Station KSPA, Facility ID 13899, BP– requirement; Third party disclosure. ACTION: Notice. 20041115AFC, From ONTARIO, CA, To Obligation to Respond: Required to CHINO, CA; SAIDNEWSFOUNDATION, obtain or retain benefits. SUMMARY: The following applicants filed Station WJKZ, Facility ID 175750, Total Annual Burden: 76,000 hours. AM or FM proposals to change the BMPED–20081201DAJ, From Total Annual Cost: $12,000,000. community of license: ALATRON HANOVER, MI, To HOMER, MI; Privacy Act Impact Assessment: N/A. CORPORATION, INC., Station WAOQ, SUNRISE BROADCASTING, LLC, Nature and Extent of Confidentiality: Facility ID 825, BPH–20081216BKG, Station WKXB, Facility ID 59481, BPH– Applicants may request that information From BRANTLEY, AL, To GOSHEN, 20081201AZU, From BURGAW, NC, To be withheld from public inspection AL; BLUEBERRY BROADCASTING, BOILING SPRING LAKES, NC; THE pursuant to 47 CFR 0.457(d) for trade LLC, Station NONE, Facility ID 165949, SCRANTON TIMES, L.P., Station WJZI, secrets which may be submitted to the BMPH–20090107AED, From MACHIAS, Facility ID 165339, BMPH– Commission as part of the ME, To GOULDSBORO, ME; 20081222ACO, From LIVINGSTON documentation of test results. No other BRANTLEY BROADCAST MANOR, NY, To HANCOCK, NY; assurances of confidentiality are ASSOCIATES, LLC, Station WEZZ, TRUTH BROADCASTING provided to respondents. Facility ID 40900, BP–20081216BKH, CORPORATION, Station WDRU, Needs and Uses: The Commission From MONROEVILLE, AL, To Facility ID 53104, BP–20081201AVL, will submit this information collection BRANTLEY, AL; CAPITOL From WAKE FOREST, NC, To to the Office of Management and Budget BROADCASTING COMPANY, INC., CREEDMOOR, NC; VINEYARD (OMB) after this 60 day comment period Station WCMC–FM, Facility ID 51760, CHRISTIAN FELLOWSHIP OF in order to obtain the full three year BPH–20081201AZD, From HONOLULU, INC., Station KPHL, clearance from them. The Commission CREEDMOOR, NC, To HOLLY Facility ID 91242, BPED–20081217AEH, is requesting an extension (no change in SPRINGS, NC; CAPSTAR TX LIMITED From PAHALA, HI, To HAWAIIAN the on reporting, recordkeeping and/or PARTNERSHIP, Station WRVA–FM, OCEAN VIEW, HI; YOUNGERS third party disclosure requirements). No Facility ID 74125, BPH–20081201AOE, COLORADO BROADCASTING LLC, change in the burden hours and/or From ROCKY MOUNT, NC, To WAKE Station KEZZ, Facility ID 165959, annual costs. FOREST, NC; CHAPIN ENTERPRISES, BMPH–20080312ADS, From WALDEN, The equipment authorization LLC, Station KRKR, Facility ID 54707, CO, To PHIPPSBURG, CO; YOUNGERS procedure requires that equipment BMPH–20081120AFR, From VALLEY, COLORADO BROADCASTING LLC, manufacturers or equipment suppliers NE, To LINCOLN, NE; EL SOL Station KEZZ, Facility ID 165959, test a product to ensure compliance BROADCASTING, LLC, Station WJTI, BMPH–20081205AFD, From WALDEN, with technical standards for limiting Facility ID 68759, BMP–20081119AHW, CO, To PHIPPSBURG, CO. radio frequency emissions and include From RACINE, WI, To WEST ALLIS, a declaration of compliance (DoC) with WI; GEORGIA–CAROLINA WIRELESS, DATES: Comments may be filed through the standards in the literature furnished LLC, Station WESL, Facility ID 170949, April 7, 2009. with the equipment. This statement of BMPH–20081224AAT, From ADDRESSES: Federal Communications conformity and supporting technical PENDLETON, SC, To LIBERTY, SC; Commission, 445 Twelfth Street, SW., data would be made available to the GEOS COMMUNICATIONS, Station Washington, DC 20554. FCC by the responsible party, at the WGMF, Facility ID 19564, BPH– FOR FURTHER INFORMATION CONTACT: request of the FCC. Further, the FCC 20081110AAH, From TUNKHANNOCK, Tung Bui, 202–418–2700. will permit personal computers to be PA, To DALLAS, PA; HRN SUPPLEMENTARY INFORMATION: The full authorized based on tests and approval BROADCASTING, INC., Station WOHS, text of these applications is available for of their individual components, without Facility ID 26179, BP–20081224AAO, inspection and copying during normal further testing of the completed From SHELBY, NC, To CRAMERTON, business hours in the Commission’s assembly. Testing and documentation of NC; KANSAS CITY TRUST, LLC, Reference Center, 445 12th Street, SW., compliance aids in controlling potential TRUSTEE, Station KMAJ–FM, Facility Washington, DC 20554 or electronically

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via the Media Bureau’s Consolidated FEDERAL RESERVE SYSTEM ACTION: Notice of a bulletin. Data Base System, http:// svartifoss2.fcc.gov/prod/cdbs/pubacc/ Change in Bank Control Notices; SUMMARY: This notice announces GSA prod/cdbs_pa.htm . A copy of this Acquisition of Shares of Bank or Bank Federal Management Regulation (FMR) application may also be purchased from Holding Companies Bulletin B–23 which provides guidance the Commission’s duplicating The notificants listed below have to all agencies selling Federal personal contractor, Best Copy and Printing, Inc., applied under the Change in Bank and real property under the provisions 445 12th Street, SW., Room CY–B402, Control Act (12 U.S.C. 1817(j)) and of the eFAS program. GSA Bulletin FMR Washington, DC, 20554, telephone 1– § 225.41 of the Board’s Regulation Y (12 B–23 may be found at 800–378–3160 or http:// CFR 225.41) to acquire a bank or bank http://www.gsa.gov/fmrbulletin. www.BCPIWEB.com. holding company. The factors that are DATES: The bulletin announced in this Federal Communications Commission. considered in acting on the notices are notice became effective January 28, James D. Bradshaw, set forth in paragraph 7 of the Act (12 2009. Deputy Chief, Audio Division, Media Bureau. U.S.C. 1817(j)(7)). [FR Doc. E9–2574 Filed 2–5–09; 8:45 am] The notices are available for FOR FURTHER INFORMATION CONTACT: For immediate inspection at the Federal BILLING CODE 6712–01–P clarification of content, contact General Reserve Bank indicated. The notices Services Administration, Office of also will be available for inspection at Governmentwide Policy, Office of the office of the Board of Governors. Travel, Transportation and Asset FEDERAL MARITIME COMMISSION Interested persons may express their views in writing to the Reserve Bank Management, at (202) 501–1777. Please Meeting; Sunshine Act indicated for that notice or to the offices cite Bulletin FMR B–23. of the Board of Governors. Comments SUPPLEMENTARY INFORMATION: AGENCY HOLDING THE MEETING: Federal must be received not later than February Maritime Commission. 23, 2009. A. Background A. Federal Reserve Bank of Cleveland The eFAS program features selected TIME AND DATE: February 11, 2009—10 (Nadine Wallman, Vice President) 1455 a.m. East Sixth Street, Cleveland, Ohio agencies facilitating the sale of Federal personal and real property. Agencies PLACE: 800 North Capitol Street, NW., 44101–2566: selling personal property are called First Floor Hearing Room, Washington, 1. Earl F. Croushorn, II, Baxter, DC. Kentucky; Rayburn Doss, Cumberland, Sales Centers (see FMR section 102– Kentucky; Mark David Goss, Lexington, 38.40). Agencies hosting sales Web sites STATUS: A portion of the meeting will be Kentucky; Vesper Singleton, Lexington, for real property are called portal in Open Session and the remainder of Kentucky; Phillip M. Smith, Loyall, sponsors (see GSA Bulletin FMR 2008– the meeting will be in Closed Session. Kentucky; Ulam Wayne Greene, B2). Collectively, these agencies are MATTERS TO BE CONSIDERED: Middlesboro, Kentucky; Richard L. Fox, termed eFAS Sales Agencies. Harlan, Kentucky; D. Steve Tolliver, Open Session Currently, eFAS Sales Agencies must Harlan, Kentucky; Donald G. Parsons, manually report all sales they conduct 1. Docket No. 02–15 Passenger Vessel Harlan, Kentucky; Frederick M. Busroe, to the eFAS Planning Office. When an Financial Responsibility—Request of Jr., Harlan, Kentucky; Gary W. Cupp, eFAS Sales Agency sells property on Harlan, Kentucky; James A. Emrich, Commissioner Brennan. behalf of another agency, the sales are College Grove, Kentucky; Julie E. reported as part of the eFAS Sales 2. Foreign Travel Authorization for Fredrick, Atlanta, Kentucky; and James Agency performance measures. the 2009 Global Liner Shipping E. F. Croushorn, Harlan, Kentucky (also Conference. individually); all acting in concert, to Agencies not designated as a personal 3. 2008 Funding for Purchase and retain and acquire voting shares of property Sales Center but permitted to Installation of Media Equipment for Banco Harlan, Inc., and thereby sell personal property under an eFAS Commission Offices. indirectly retain and acquire voting Planning Office waiver may be required 4. 2008 Federal Human Capital shares Bank of Harlan, both of Harlan, to report their performance measures, Survey Results. Kentucky. depending on the terms of their waiver. The eFAS Planning Office has Closed Session Board of Governors of the Federal Reserve System, February 3, 2009. completed development of a reporting 1. Docket No. 02–04: Anchor Robert deV. Frierson, tool designed to assist eFAS Sales Shipping Co. v. Alianca Navegacao e Deputy Secretary of the Board. Agencies in reporting their personal Logistica Ltda et al. [FR Doc. E9–2561 Filed 2–5–09; 8:45 am] property and real property sales. 2. FMC Agreement No. 201199: Port BILLING CODE 6210–01–S This notice announces GSA Bulletin Fee Services Agreement. FMR B–23 which provides guidance to 3. Internal Administrative Practices all agencies selling Federal personal and and Personnel Matters. GENERAL SERVICES real property under the provisions of the ADMINISTRATION eFAS program. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Assistant Secretary, Federal Asset Sales (eFAS) Reporting B. Procedures (202) 523–5725. Tool; Notice of GSA Bulletin FMR B– Bulletins regarding asset management 23 Karen V. Gregory, are located on the Internet at Secretary. AGENCY: Office of Governmentwide http://www.gsa.gov/fmrbulletin as [FR Doc. E9–2638 Filed 2–4–09; 4:15 pm] Policy, General Services Administration Federal Management Regulation (FMR) BILLING CODE 6730–01–P (GSA). bulletins.

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Dated: February 2, 2009. DEPARTMENT OF HEALTH AND for Scientific Review, National Institutes of Robert Holcombe, HUMAN SERVICES Health, 6701 Rockledge Drive, Room 4176, MSC 7850, Bethesda, MD 20892, (301) 435– Director, Personal Property Management 1248, [email protected]. Policy. National Institutes of Health Name of Committee: Center for Scientific [FR Doc. E9–2547 Filed 2–5–09; 8:45 am] Center for Scientific Review; Notice of Review Special Emphasis Panel Sensory. BILLING CODE 6820–14–P Closed Meetings Date: February 26–27, 2009. Time: 7 a.m. to 8 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications. DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice Place: National Institutes of Health, 6701 HUMAN SERVICES is hereby given of the following Rockledge Drive, Bethesda, MD 20892 meetings. (Virtual Meeting). National Institute for Occupational The meetings will be closed to the Contact Person: Bernard F. Driscoll, PhD, public in accordance with the Scientific Review Officer, Center for Safety and Health; Decision To Scientific Review, National Institutes of Evaluate a Petition To Designate a provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Health, 6701 Rockledge Drive, Room 5184, Class of Employees for the Bliss & MSC 7844, Bethesda, MD 20892, (301) 435– Laughlin Steel Facility, in Buffalo, NY, as amended. The grant applications and 1242, [email protected]. the discussions could disclose To Be Included in the Special Name of Committee: Center for Scientific confidential trade secrets or commercial Exposure Cohort Review Special Emphasis Panel; PAR–07– property such as patentable material, 379–380: Health Disparities. and personal information concerning AGENCY: National Institute for Date: February 26–27, 2009. individuals associated with the grant Occupational Safety and Health Time: 8 a.m. to 5 p.m. applications, the disclosure of which (NIOSH), Department of Health and Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. Human Services (HHS). invasion of personal privacy. Place: Pier 5 Hotel, 711 Eastern Avenue, Baltimore, MD 21202. ACTION: Notice. Name of Committee: Center for Scientific Contact Person: Gabriel B. Fosu, PhD, Review Special Emphasis Panel Genes and Scientific Review Officer, Center for Genetic Specials. SUMMARY: HHS gives notice as required Scientific Review, National Institutes of by 42 CFR 83.12(e) of a decision to Date: February 17, 2009. Time: 1 p.m. to 3 p.m. Health, 6701 Rocklege Drive, Room 3215, evaluate a petition to designate a class Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, (301) 435– of employees for the Bliss & Laughlin applications. 3562, [email protected]. Steel facility, in Buffalo, NY, to be Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific included in the Special Exposure Cohort Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; Member under the Energy Employees (Telephone Conference Call). Conflict: Psychosocial Aspects of Parenting Occupational Illness Compensation Contact Person: Michael A. Marino, PhD, and Child Development. Scientific Review Officer, Center for Date: February 26–28, 2009. Program Act of 2000. The initial Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. proposed definition for the class being Health, 6701 Rockledge Drive, Room 2216, Agenda: To review and evaluate grant evaluated, subject to revision as MSC 7890, Bethesda, MD 20892, (301) 435– applications. warranted by the evaluation, is as 0601, [email protected]. Place: National Institutes of Health, 6701 follows: This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892 days prior to the meeting due to the timing (Virtual Meeting). Facility: Bliss & Laughlin Steel limitations imposed by the review and Contact Person: Michael Micklin, PhD, facility. funding cycle. Scientific Review Officer, Center for Location: Buffalo, NY. Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel Pain. Health, 6701 Rockledge Drive, Room 3136, Job Titles and/or Job Duties: All Date: February 24–25, 2009. MSC 7759, Bethesda, MD 20892, (301) 435– employees. Time: 7 a.m. to 8 p.m. 1258, [email protected]. Agenda: To review and evaluate grant Period of Employment: January 1, Name of Committee: Center for Scientific applications. Review Special Emphasis Panel; Oncology 1948 through December 31, 1998. Place: National Institutes of Health, 6701 Fellowship. FOR FURTHER INFORMATION CONTACT: Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Date: February 26–27, 2009. Larry Elliott, Director, Office of Contact Person: Bernard F. Driscoll, PhD, Time: 8 a.m. to 5 p.m. Compensation Analysis and Support, Scientific Review Officer, Center for Agenda: To review and evaluate grant National Institute for Occupational Scientific Review, National Institutes of applications. Safety and Health (NIOSH), 4676 Health, 6701 Rockledge Drive, Room 5184, Place: Churchill Hotel, 1914 Connecticut Avenue, NW., Washington, DC 20009. Columbia Parkway, MS C–46, MSC 7844, Bethesda, MD 20892, (301) 435– 1242, [email protected]. Contact Person: Eun Ah Cho, PhD, Cincinnati, OH 45226, Telephone 513– Scientific Review Officer, Center for 533–6800 (this is not a toll-free Name of Committee: Center for Scientific Review Special Emphasis Panel Cytoskeletal Scientific Review, National Institutes of number). Information requests can also Signaling, Neurotoxicity and Hormonal Health, 6701 Rockledge Drive, Room 6202, be submitted by e-mail to Effects on Ischemia. MSC 7804, Bethesda, MD 20892, (301) 451– [email protected]. Date: February 25, 2009. 4467, [email protected]. Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific Dated: February 2, 2009. Agenda: To review and evaluate grant Review Special Emphasis Panel; Risk Christine M. Branche, applications. Prevention and Health Behavior Across the Acting Director, National Institute for Place: National Institutes of Health, 6701 Lifespan. Occupational Safety and Health. Rockledge Drive, Bethesda, MD 20892 Date: February 26–27, 2009. (Telephone Conference Call). Time: 8:30 a.m. to 5 p.m. [FR Doc. E9–2559 Filed 2–5–09; 8:45 am] Contact Person: Carole L. Jelsema, PhD, Agenda: To review and evaluate grant BILLING CODE 4163–19–P Chief and Scientific Review Officer, Center applications.

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Place: Sheraton Delfina Santa Monica Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5106, Hotel, 530 West Pico Boulevard, Santa Review Special Emphasis Panel: Molecular MSC 7854, Bethesda, MD 20892, (301) 435– Monica, CA 90405. and Cellular Neuroscience Small Business. 2409, [email protected]. Contact Person: Claire E. Gutkin, PhD, Date: February 27, 2009. Name of Committee: Center for Scientific MPH, Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel; Scientific Review, National Institutes of Agenda: To review and evaluate grant Computational Modeling and Sciences for Health, 6701 Rockledge Drive, Room 3138, applications. Biomedical and Clinical Applications. MSC 7759, Bethesda, MD 20892, (301) 594– Place: The Westin St. Francis, 335 Powell Date: March 2, 2009. 3139, [email protected]. Street, San Francisco, CA 94102. Time: 8 a.m. to 5 p.m. Contact Person: Eugene Carstea, PhD, Name of Committee: Center for Scientific Agenda: To review and evaluate grant Scientific Review Officer, Center for Review Special Emphasis Panel; Cancer applications. Scientific Review, National Institutes of Biology and Therapy Pilot Studies. Place: Hyatt Regency Bethesda, One Health, 6701 Rockledge Drive, Room 5199, Date: February 26–27, 2009. Bethesda Metro Center, 7400 Wisconsin MSC 7846, Bethesda, MD 20892, (301) 435– Time: 9 a.m. to 9 p.m. Avenue, Bethesda, MD 20814. 0634. Agenda: To review and evaluate grant Contact Person: Guo Feng Xu, PhD, applications. Name of Committee: Center for Scientific Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Neuropharmacology SBIR (ETTN–C). Health, 6701 Rockledge Drive, Room 5122, (Virtual Meeting). Date: February 27, 2009. MSC 7854, Bethesda, MD 20892, (301) 435– Contact Person: Joanna M. Watson, PhD, Time: 8 a.m. to 5 p.m. 1032, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel; Cognition, Health, 6701 Rockledge Drive, Room 6208, Place: The Fairmont Washington, DC, 2401 M Street, NW., Washington, DC 20037. Language and Perception Fellowship Study MSC 7804, Bethesda, MD 20892, (301) 435– Contact Person: Aidan Hampson, PhD, Section. 1048, [email protected]. Scientific Review Officer, Center for Date: March 2, 2009. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel; Cancer Drug Health, 6701 Rockledge Drive, Room 5199, Agenda: To review and evaluate grant Development and Therapeutics, SBIRISTTR. MSC 7850, Bethesda, MD 20892, (301) 435– applications. Date: February 26–27, 2009. 0634, [email protected]. Place: The Fairmont Washington, DC, 2401 Time: 11 a.m. to 7 p.m. M Street, NW., Washington, DC 20037. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Contact Person: Weijia Ni, PhD, Scientific Review Special Emphasis Panel Small applications. Review Officer, Center for Scientific Review, Business Grant Applications: Immunology. Place: National Institutes of Health, 6701 National Institutes of Health, 6701 Rockledge Date: February 27, 2009. Drive, Room 3184, MSC 7848, Bethesda, MD Rockledge Drive, Bethesda, MD 20892 Time: 8:30 a.m. to 6 p.m. 20892, (301) 435–1507, [email protected]. (Virtual Meeting). Agenda: To review and evaluate grant Contact Person: Hungyi Shau, PhD, applications. Name of Committee: Center for Scientific Scientific Review Officer, Center for Place: The Catamaran Resort Hotel, 3999 Review Special Emphasis Panel; Drug and Scientific Review, National Institutes of Mission Boulevard, San Diego, CA 92109. Discovery and Development Special Health, 6701 Rockledge Drive, Room 6186, Contact Person: Stephen M. Nigida, PhD, Emphasis Panel. MSC 7804, Bethesda, MD 20892, (301) 435– Scientific Review Officer, Center for Date: March 2–3, 2009. 1720, [email protected]. Scientific Review, National Institutes of Time: 8 a.m. to 6 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4212, Agenda: To review and evaluate grant Review Special Emphasis Panel: MSC 7812, Bethesda, MD 20892, (301) 435– applications. Dissemination and Implementation Research 1222, [email protected]. Place: Doubletree Hotel Bethesda, 8120 in Health. Name of Committee: Center for Scientific Wisconsin Avenue, Bethesda, MD 20814. Date: February 27, 2009. Review Special Emphasis Panel; Member Contact Person: Mike Radtke, PhD, Time: 8 a.m. to 5 p.m. Conflict: Developmental Disabilities and Scientific Review Officer, Center for Agenda: To review and evaluate grant Child Psychopathology. Scientific Review, National Institutes of applications. Date: February 27, 2009. Health, 6701 Rockledge Drive, Room 4176, Place: The Fairmont Washington, DC, 2401 Time: 9 a.m. to 7 p.m. MSC 7806, Bethesda, MD 20892, (301) 435– M Street, NW., Washington, DC 20037. Agenda: To review and evaluate grant 1728, [email protected]. Contact Person: Melinda Tinkle, PhD, applications. Name of Committee: Center for Scientific Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Cancer Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Diagnostic and Treatment SBIR/STTR. Health, 6701 Rockledge Drive, Room 3141, (Virtual Meeting). Date: March 2–4, 2009. MSC 7770, Bethesda, MD 20892, (301) 594– Contact Person: Maribeth Champoux, PhD, Time: 11 a.m. to 9 a.m. 6594, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 3146, Place: National Institutes of Health, 6701 Bioengineering Research Partnerships and MSC 7759, Bethesda, MD 20892, (301) 594– Rockledge Drive, Bethesda, MD 20892 Imaging Member Conflicts. 3163, [email protected]. (Virtual Meeting). Date: February 27, 2009. Name of Committee: Center for Scientific Contact Person: Malaya Chatterjee, PhD, Time: 8 a.m.to 5 p.m. Review Special Emphasis Panel; Scientific Review Officer, Center for Agenda: To review and evaluate grant Development Methods of In Vivo Imaging Scientific Review, National Institutes of applications. and Bioengineering Research. Health, 6701 Rockledge Drive, Room 6192, Place: Hyatt Regency Bethesda, One Date: March 2–3, 2009. MSC 7804, Bethesda, MD 20892, (301) 451– Bethesda Metro Center, 7400 Wisconsin Time: 8 a.m. to 5 p.m. 0131, [email protected]. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: John Firrell, PhD, applications. Review Special Emphasis Panel; Scientific Review Officer, Center for Place: Bahia Resort Hotel, 998 W. Mission Neuropharmacology. Scientific Review, National Institutes of Bay Drive, San Diego, CA 92109. Date: March 4–6, 2009. Health, 6701 Rockledge Drive, Room 5213, Contact Person: Behrouz Shabestari, PhD, Time: 9 a.m. to 11 a.m. MSC 7854, Bethesda, MD 20892, (301) 435– Scientific Review Officer, Center for Agenda: To review and evaluate grant 2598, [email protected]. Scientific Review, National Institutes of applications.

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Place: National Institutes of Health, 6701 Neurodevelopment, Synaptic Plasticity and DEPARTMENT OF HOMELAND Rockledge Drive, Bethesda, MD 20892 Neurodegeneration. SECURITY (Virtual Meeting). Date: March 5–6, 2009. Contact Person: Toby Behar, PhD, Time: 8 a.m. to 5 p.m. Coast Guard Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. [Docket No. USCG–2009–0059] Health, 6701 Rockledge Drive, Room 4136, Place: The Churchill Hotel, 1914 MSC 7850, Bethesda, MD 20892, (301) 435– Connecticut Avenue, NW., Washington, DC Commercial Fishing Industry Vessel 4433, [email protected]. 20009. Safety Advisory Committee; Vacancies Name of Committee: Center for Scientific Contact Person: Vilen A. Movsesyan, PhD, Review Special Emphasis Panel; Cancer Scientific Review Officer, Center for AGENCY: Coast Guard, DHS. Therapeutics Discovery and Development Scientific Review, National Institutes of ACTION: Request for applications. SBIR/STTR. Health, 6701 Rockledge Drive, Room 4040M, Date: March 4–6, 2009. MSC 7806, Bethesda, MD 20892, (301) 402– SUMMARY: The Coast Guard seeks Time: 10 a.m. to 11 a.m. 7278, [email protected]. applications for membership on the Agenda: To review and evaluate grant Name of Committee: Center for Scientific Commercial Fishing Industry Vessel applications. Review Special Emphasis Panel; Science Safety Advisory Committee (CFIVSAC). Place: National Institutes of Health, 6701 Education, Communication and Childhood The CFIVSAC provides advice and Rockledge Drive, Bethesda, MD 20892 Disorders. makes recommendations to the Coast (Virtual Meeting). Date: March 6, 2009. Guard for improving commercial fishing Contact Person: Nywana Sizemore, PhD, Time: 8 a.m. to 6 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant industry safety practices. Scientific Review, National Institutes of applications. DATES: Completed application forms Health, 6701 Rockledge Drive, Room 6204, Place: Renaissance Mayflower Hotel, 1127 should reach the Coast Guard at the MSC 7804, Bethesda, MD 20892, (301) 435– Connecticut Avenue, NW., Washington, DC address below on or before June 1, 2009. 1718, [email protected]. 20036. ADDRESSES: You may request an Name of Committee: Center for Scientific Contact Person: Biao Tian, PhD, Scientific Review Officer, Center for Scientific Review, application form by writing to Review Special Emphasis Panel; Genetics of Commandant (CG–5433), U.S. Coast Human Diseases. National Institutes of Health, 6701 Rockledge Date: March 4, 2009. Drive, Room 3089B, MSC 7848, Bethesda, Guard, 2100 Second Street, SW., Time: 1 p.m. to 5 p.m. MD 20892, (301) 402–4411, Washington, DC 20593–0001; by calling Agenda: To review and evaluate grant [email protected]. 202–372–1249; or by faxing 202–372– applications. Name of Committee: Center for Scientific 1917. Send your application in written Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Chemistry form to the above street address. This Rockledge Drive, Bethesda, MD 20892 and Biophysics SBIR/STTR Panel. notice and the application form are (Telephone Conference Call). Date: March 6, 2009. available on the Internet at http:// Contact Person: Richard Panniers, PhD, Time: 8:30 a.m. to 6 p.m. www.FishSafe.info. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. FOR FURTHER INFORMATION CONTACT: Mr. Health, 6701 Rockledge Drive, Room 2212, Place: The Fairmont Washington, DC, 2401 Jack Kemerer of the CFIVSAC by MSC 7890, Bethesda, MD 20892, (301) 435– M Street, NW., Washington, DC 20037. telephone at 202–372–1249, fax 202– 1741, [email protected]. Contact Person: Vonda K. Smith, PhD, 372–1917, e-mail: Name of Committee: Center for Scientific Scientific Review Officer, Center for [email protected]. Review Special Emphasis Panel; Probes and Scientific Review, National Institutes of SUPPLEMENTARY INFORMATION: Instrumentation for Neuroplasticity. Health, 6701 Rockledge Drive, Room 4148, The Date: March 5, 2009. MSC 7806, Bethesda, MD 20892, (301) 435– CFIVSAC is a Federal advisory Time: 8 a.m. to 5 p.m. 1789, [email protected]. committee under 5 U.S.C. App. (Pub. L. Agenda: To review and evaluate grant Name of Committee: Center for Scientific 92–463). The Coast Guard chartered the applications. Review Special Emphasis Panel; Chemistry CFIVSAC to provide advice on issues Place: Hotel Lombardy, 2019 Pennsylvania and Biophysics SBIR/STTR Panel. related to the safety of commercial Avenue, NW., Washington, DC 20006. Date: March 6, 2009. fishing industry vessels regulated under Contact Person: Paek-Gyu Lee, PhD, Time: 8:30 a.m. to 6:30 p.m. Chapter 45 of Title 46, United States Agenda: To review and evaluate grant Scientific Review Officer, Center for Code, which includes uninspected Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 4201, Place: The Fairmont Washington, DC, 2401 fishing vessels, fish processing vessels, MSC 7812, Bethesda, MD 20892, (301) 435– M Street, NW., Washington, DC 20037. and fish tender vessels. (See 46 U.S.C. 1277, [email protected]. Contact Person: Arnold Revzin, PhD, 4508.) Name of Committee: Center for Scientific Scientific Review Officer, Center for The CFIVSAC meets at least once a Review Special Emphasis Panel; Chemical Scientific Review, National Institutes of year. It may also meet for other and Bioanalytical Sciences Fellowships. Health, 6701 Rockledge Drive, Room 4146, extraordinary purposes. Its Date: March 5, 2009. MSC 7806, Bethesda, MD 20892, (301) 435– subcommittees may gather throughout Time: 8 a.m. to 5 p.m. 1153, [email protected]. the year to prepare for meetings or Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance develop proposals for the committee as applications. Program Nos. 93.306, Comparative Medicine; a whole to address specific problems. Place: Hyatt Regency Bethesda, One 93.333, Clinical Research; 93.306, 93.333, We will consider applications for six Bethesda Metro Center, 7400 Wisconsin 93.337, 93.393–93.396, 93.837–93.844, positions that expire or become vacant 93.846–93.878, 93.892, 93.893, National Avenue, Bethesda, MD 20814. in October 2009 in the following Contact Person: Sergei Ruvinov, PhD, Institutes of Health, HHS) categories: (a) Commercial Fishing Scientific Review Officer, Center for Dated: January 29, 2009. Scientific Review, National Institutes of Industry (four positions); (b) Naval Jennifer Spaeth, Health, 6701 Rockledge Drive, Room 4158, Architects/Marine Surveyors (one MSC 7806, Bethesda, MD 20892, (301) 435– Director, Office of Federal Advisory position); and (c) General Public (one 1180, [email protected]. Committee Policy. position). Name of Committee: Center for Scientific [FR Doc. E9–2384 Filed 2–5–09; 8:45 am] The CFIVSAC consists of 17 members Review Special Emphasis Panel; Fellowship: BILLING CODE 4140–01–M as follows: (a) Ten members from the

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commercial fishing industry who reflect DEPARTMENT OF HOMELAND of Homeland Security to establish the a regional and representational balance SECURITY NAC to ensure effective and ongoing and have experience in the operation of coordination of Federal preparedness, vessels to which Chapter 45 of Title 46, Federal Emergency Management protection, response, recovery, and United States Code applies, or as a crew Agency mitigation for natural disasters, acts of member or processing line member on [Docket ID: FEMA–2007–0008] terrorism, and other man-made an uninspected fish processing vessel; disasters. (b) one member representing each of (1) National Advisory Council The NAC consists of 35 members, representing certain stakeholder groups naval architects or marine surveyors; (2) AGENCY: Federal Emergency and some providing their personal manufacturers of equipment for vessel Management Agency, DHS. expertise in FEMA related issues. to which Chapter 45 of Title 46, U.S.C. ACTION: Committee Management; Approximately one-third of the applies; (3) education or training Request for Applicants for Appointment membership was appointed for a 2 year professionals related to fishing vessel, to the National Advisory Council. term expiring on June 15, 2009. fish processing vessel, fish tender vessel Accordingly, the following discipline safety, or personnel qualifications; and SUMMARY: The Federal Emergency areas will be open for applications and (4) underwriters that insure vessels to Management Agency (FEMA) is nominations at this time: Emergency which Chapter 45 of Title 46, U.S.C. requesting individuals who are Management, Emergency Response (two applies; and (c) three members interested in serving on the National representative positions total), In- representing the general public Advisory Council (NAC) to apply for Patient Medical Provider (Special including, whenever possible, an appointment. As provided for in the Government Employee (SGE) independent expert or consultant in Department of Homeland Security appointment), Cyber Security (SGE maritime safety and a member of a Appropriations Act of 2007, the appointment), State Elected Official national organization composed of Secretary of Homeland Security (representative appointment), Local persons representing owners of vessels established the NAC to ensure effective Elected Official (representative to which Chapter 45 of Title 46, U.S.C. and ongoing coordination of Federal appointment), Homeland Security applies and persons representing the preparedness, protection, response, Advisory Council (Ex Officio recovery, and mitigation for natural marine insurance industry. appointment), and three appointments disasters, acts of terrorism, and other (either representative or SGE), which Each member serves for a term of 3 man-made disasters. will be selected at the discretion of the years. Members may serve two DATES: Applications for membership FEMA Administrator. In addition to consecutive terms. All members serve at should reach FEMA at the address these new appointments whose terms their own expense and receive no salary below on or before 5 p.m. e.s.t., on will end on June 15, 2012, FEMA seeks from the Federal Government, although Friday, March 6, 2009. applications to fill the remaining term of travel reimbursement and per diem may ADDRESSES: If you wish to apply for the Disability representative position, be provided. membership, your application should be which ends on June 15, 2011, as the In support of the policy of the Coast submitted by: current representative will be retiring in Guard on gender and ethic diversity, we • E-mail: FEMA–[email protected] May 2009. There are specific membership types encourage qualified women and • Fax: (202) 646–4176 associated with the indicated members of minority groups to apply. • Mail: Federal Emergency Management Agency, Office of the disciplines open for new appointments If you are selected as a non- National Advisory Council, 500 C at this time. Some members are representative member, or as a member Street, SW., Room 718, Washington, DC appointed as SGEs as defined in section who represents the general public, you 20472. 202(a) of title 18, United States Code. will be appointed and serve as a Special These members are subject to Federal FOR FURTHER INFORMATION CONTACT: The Government Employee (SGE) as defined ethics laws and regulations and are Designated Federal Officer, Alyson in section 202(a) of title 18, United required to complete a Confidential Price, Office of the National Advisory States Code. As a candidate for Financial Disclosure Report (OGE Form Council, telephone 202–646–3746; e- 450). Specifically, the following two appointment as a SGE, applicants are mail FEMA–[email protected]. FEMA required to complete a Confidential discipline area vacancies will be filled Ethics Office, Ebbonie Taylor, telephone by SGE appointments: In-Patient Financial Disclosure Report (OGE Form 202–646–3664; e-mail 450). A completed OGE Form 450 is not Medical Provider and Cyber Security. [email protected] and Paul OGE Form 450s or the information releasable to the public except under an Conrad, telephone 202–646–4025; e- contained therein may not be released to order issued by a Federal court or as mail [email protected]. the public except under an order issued otherwise provided under the Privacy SUPPLEMENTARY INFORMATION: The by a Federal court or as otherwise Act (5 U.S.C. 552a). Only the Designated National Advisory Council (NAC) is an provided under the Privacy Act (5 Agency Ethics Official or the DAEO’s advisory committee established in U.S.C. 552a). Applicants can obtain this designate may release a Confidential accordance with the provisions of form by going to the Web site of the Disclosure Report. section 14(a)(2) of the Federal Advisory Office of Government Ethics (http:// Dated: January 30, 2009. Committee Act (FACA) 5 U.S.C. App. www.oge.gov), or by contacting the J.G. Lantz, (Pub. L. 92–463) and section 508 of the National Advisory Council Program Homeland Security Act of 2002 (Pub. L. Office, or by contacting the FEMA Director of Commercial Regulations and 107–296), as amended by section 611 of Ethics Office. This information is Standards. the Post-Katrina Emergency provided in the FOR FURTHER [FR Doc. E9–2497 Filed 2–5–09; 8:45 am] Management Reform Act of 2006, as set INFORMATION CONTACT caption. BILLING CODE 4910–15–P forth in the Department of Homeland Additionally, the Homeland Security Security Appropriations Act of 2007 Advisory Council position will be filled (Pub. L. 109–295), directed the Secretary by a current member of the Homeland

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Security Advisory Council. All other Dated: January 29, 2009. Dated: January 29, 2009. discipline areas including: Emergency Nancy Ward, Ira S. Reese, Management, Emergency Response, Acting Administrator, Federal Emergency Executive Director, Laboratories and State Elected Official, Local Elected Management Agency. Scientific Services. Official, Disability, and the three [FR Doc. E9–2295 Filed 2–3–09; 8:45 am] [FR Doc. E9–2501 Filed 2–5–09; 8:45 am] positions selected by the FEMA BILLING CODE 9111–48–P BILLING CODE 9111–14–P Administrator. Qualified individuals interested in DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND serving on the NAC are invited to apply SECURITY for appointment. All ethnicities and SECURITY genders are encouraged to apply. U.S. Customs and Border Protection U.S. Customs and Border Protection The NAC assists FEMA in carrying Accreditation and Approval of Intertek out its missions by providing advice and Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger recommendations in the development USA, Inc., as a Commercial Gauger and Laboratory and revision of the national and Laboratory preparedness guidelines, the national AGENCY: U.S. Customs and Border AGENCY: preparedness system, the National Protection, Department of Homeland U.S. Customs and Border Incident Management System, the Security. Protection, Department of Homeland National Response Framework, and Security. ACTION: Notice of accreditation and other related plans and strategies. The ACTION: Notice of accreditation and members of the NAC are appointed by approval of Intertek USA, Inc., as a commercial gauger and laboratory. approval of Intertek USA, Inc., as a the Administrator of FEMA and are commercial gauger and laboratory. composed of Federal, State, local, tribal, SUMMARY: Notice is hereby given that, and private-sector leaders and subject pursuant to 19 CFR 151.12 and 19 CFR SUMMARY: Notice is hereby given that, matter experts in law enforcement, fire, 151.13, Intertek USA, Inc., 2717 pursuant to 19 CFR 151.12 and 19 CFR emergency medical services, hospital, Maplewood Dr., Sulphur, LA 70663, has 151.13, Intertek USA, Inc., 149 Pintail public works, emergency management, been approved to gauge and accredited St., St. Rose, LA 70087, has been State and local governments, public to test petroleum and petroleum approved to gauge and accredited to test health, emergency response, standard products, organic chemicals, and petroleum and petroleum products, setting and accrediting organizations, vegetable oils for customs purposes, in organic chemicals, and vegetable oils for representatives of individuals with accordance with the provisions of 19 customs purposes, in accordance with disabilities and other special needs, CFR 151.12 and 19 CFR 151.13. Anyone the provisions of 19 CFR 151.12 and 19 infrastructure protection, cyber security, wishing to employ this entity to conduct CFR 151.13. Anyone wishing to employ communications, and homeland laboratory analyses and gauger services this entity to conduct laboratory security communities. should request and receive written analyses and gauger services should Qualified individuals interested in assurances from the entity that it is request and receive written assurances serving on the NAC are invited to apply accredited or approved by the U.S. from the entity that it is accredited or approved by the U.S. Customs and for appointment by submitting a resume Customs and Border Protection to Border Protection to conduct the or Curriculum Vitae (CV) along with conduct the specific test or gauger specific test or gauger service requested. letters of recommendation to the NAC’s service requested. Alternatively, inquiries regarding the specific test or Alternatively, inquiries regarding the Designated Federal Officer. Applicants gauger service this entity is accredited specific test or gauger service this entity should state for which discipline area or or approved to perform may be directed is accredited or approved to perform areas they are applying. Current NAC to the U.S. Customs and Border may be directed to the U.S. Customs and members whose terms are ending Protection by calling (202) 344–1060. Border Protection by calling (202) 344– should notify the Designated Federal The inquiry may also be sent to 1060. The inquiry may also be sent to Officer of their interest in [email protected]. Please reference the [email protected]. Please reference the reappointment in lieu of submitting a Web site listed below for a complete Web site listed below for a complete new application, and should provide an listing of CBP approved gaugers and listing of CBP approved gaugers and updated resume or CV and letters of accredited laboratories. accredited laboratories. recommendation for consideration. The http://cbp.gov/xp/cgov/import/ http://cbp.gov/xp/cgov/import/ NAC meets in a plenary session operations_support/labs_scientific_svcs/ operations_support/labs_scientific_svcs/ approximately once per quarter. With commercial_gaugers/. commercial_gaugers/. respect to quarterly meetings, the NAC also holds at least one teleconference DATES: The accreditation and approval DATES: The accreditation and approval meeting with public call-in lines. of Intertek USA, Inc., as commercial of Intertek USA, Inc., as commercial Members serve without compensation gauger and laboratory became effective gauger and laboratory became effective from the Federal Government; however, on September 23, 2008. The next on June 24, 2008. The next triennial consistent with the charter, they do triennial inspection date will be inspection date will be scheduled for receive travel reimbursement and per scheduled for September 2011. June 2011. diem under applicable Federal travel FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: regulations. In support of the policy of Randall Breaux, Laboratories and Randall Breaux, Laboratories and the Department of Homeland Security Scientific Services, U.S. Customs and Scientific Services, U.S. Customs and on gender and ethnic diversity, Border Protection, 1300 Pennsylvania Border Protection, 1300 Pennsylvania qualified women and minorities are Avenue, NW., Suite 1500N, Avenue, NW., Suite 1500N, encouraged to apply for membership. Washington, DC 20229, 202–344–1060. Washington, DC 20229, 202–344–1060.

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Dated: January 29, 2009. Dated: January 29, 2009. Dated: January 29, 2009. Ira S. Reese, Ira S. Reese, Ira S. Reese, Executive Director, Laboratories and Executive Director, Laboratories and Executive Director, Laboratories and Scientific Services. Scientific Services. Scientific Services. [FR Doc. E9–2511 Filed 2–5–09; 8:45 am] [FR Doc. E9–2512 Filed 2–5–09; 8:45 am] [FR Doc. E9–2502 Filed 2–5–09; 8:45 am] BILLING CODE 9111–14–P BILLING CODE 9111–14–P BILLING CODE 9111–14–P

DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY SECURITY U.S. Customs and Border Protection U.S. Customs and Border Protection U.S. Customs and Border Protection Accreditation and Approval of Intertek Accreditation and Approval of Accreditation and Approval of Saybolt USA, Inc., as a Commercial Gauger Thionville Surveying Company, Inc., as and Laboratory LP, as a Commercial Gauger and a Commercial Gauger and Laboratory Laboratory AGENCY: U.S. Customs and Border AGENCY: U.S. Customs and Border Protection, Department of Homeland AGENCY: U.S. Customs and Border Protection, Department of Homeland Security. Protection, Department of Homeland Security. Security. ACTION: Notice of accreditation and ACTION: Notice of accreditation and approval of Intertek USA, Inc., as a ACTION: Notice of accreditation and approval of Thionville Surveying commercial gauger and laboratory. approval of Saybolt LP, as a commercial Company, Inc., as a commercial gauger gauger and laboratory. and laboratory. SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Intertek USA, Inc., 2780 pursuant to 19 CFR 151.12 and 19 CFR 151.13, Thionville Surveying Company, Highway 69 N, Nederland, TX 77627, 151.13, Saybolt LP, 1809 Magnolia Ave., Inc., 5440 Pepsi St, Harahan, LA 70123, has been approved to gauge and Port Neches, TX 77651, has been has been approved to gauge and accredited to test petroleum and approved to gauge and accredited to test accredited to test petroleum and petroleum products, organic chemicals petroleum and petroleum products, petroleum products, organic chemicals, and vegetable oils for customs purposes, organic chemicals and vegetable oils for and vegetable oils for customs purposes, in accordance with the provisions of 19 customs purposes, in accordance with in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone the provisions of 19 CFR 151.12 and 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct CFR 151.13. Anyone wishing to employ wishing to employ this entity to conduct laboratory analyses and gauger services this entity to conduct laboratory laboratory analyses and gauger services should request and receive written analyses and gauger services should should request and receive written assurances from the entity that it is request and receive written assurances assurances from the entity that it is accredited or approved by the U.S. from the entity that it is accredited or accredited or approved by the U.S. Customs and Border Protection to approved by the U.S. Customs and Customs and Border Protection to conduct the specific test or gauger Border Protection to conduct the conduct the specific test or gauger service requested. Alternatively, specific test or gauger service requested. service requested. Alternatively, inquires regarding the specific test or Alternatively, inquires regarding the inquiries regarding the specific test or gauger service this entity is accredited specific test or gauger service this entity gauger service this entity is accredited or approved to perform may be directed is accredited or approved to perform or approved to perform may be directed to the U.S. Customs and Border may be directed to the U.S. Customs and to the U.S. Customs and Border Protection by calling (202) 344–1060. Border Protection by calling (202) 344– Protection by calling (202) 344–1060. The inquiry may also be sent to 1060. The inquiry may also be sent to The inquiry may also be sent to [email protected]. Please reference the [email protected]. Please reference the Web site listed below for a complete [email protected]. Please reference the Web site listed below for a complete listing of CBP approved gaugers and Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. listing of CBP approved gaugers and accredited laboratories. accredited laboratories. http://cbp.gov/xp/cgov/import/ http://cbp.gov/xp/cgov/import/ operations_support/labs_scientific_svcs/ http://cbp.gov/xp/cgov/import/ _ _ _ operations_support/labs_scientific_svcs/ commercial_gaugers/. operations support/labs scientific svcs/ _ commercial_gaugers/. commercial gaugers/. DATES: The accreditation and approval DATES: The accreditation and approval of Intertek USA, Inc., as commercial DATES: The accreditation and approval of Thionville Surveying Company, Inc., gauger and laboratory became effective of Saybolt LP, as commercial gauger and as commercial gauger and laboratory on April 29, 2008. The next triennial laboratory became effective on April 29, became effective on June 25, 2008. The inspection date will be scheduled for 2008. The next triennial inspection date next triennial inspection date will be April 2011. will be scheduled for April 2011. scheduled for June 2011. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Randall Breaux, Laboratories and Randall Breaux, Laboratories and Randall Breaux, Laboratories and Scientific Services, U.S. Customs and Scientific Services, U.S. Customs and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Border Protection, 1300 Pennsylvania Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Avenue, NW., Suite 1500N, Avenue, NW., Suite 1500N, Washington, DC 20229, 202–344–1060. Washington, DC 20229, 202–344–1060. Washington, DC 20229, 202–344–1060.

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Dated: January 29, 2009. DEPARTMENT OF HOMELAND functions of the agency/component, Ira S. Reese, SECURITY including whether the information will Executive Director, Laboratories and have practical utility; Scientific Services. U.S. Customs and Border Protection (2) Evaluate the accuracy of the [FR Doc. E9–2505 Filed 2–5–09; 8:45 am] agencies/components estimate of the Agency Information Collection BILLING CODE 9111–14–P burden of the proposed collection of Activities: Declaration of a Person information, including the validity of Abroad Who Receives and Is the methodology and assumptions used; DEPARTMENT OF HOMELAND Returning Merchandise to the U.S. (3) Enhance the quality, utility, and SECURITY AGENCY: U.S. Customs and Border clarity of the information to be Protection, Department of Homeland collected; and U.S. Customs and Border Protection Security. (4) Minimize the burden of the ACTION: 30-Day Notice and request for collections of information on those who Accreditation of Intertek USA, Inc., as are to respond, including the use of a Commercial Laboratory comments; Extension of an existing information collection: 1651–0094. appropriate automated, electronic, AGENCY: U.S. Customs and Border mechanical, or other technological Protection, Department of Homeland SUMMARY: U.S. Customs and Border collection techniques or other forms of Security. Protection (CBP) of the Department of information technology, e.g., permitting Homeland Security has submitted the electronic submission of responses. ACTION: Notice of accreditation of following information collection request Title: Declaration of a Person Abroad Intertek USA, Inc., as a commercial to the Office of Management and Budget Who Receives and Is Returning laboratory. (OMB) for review and approval in Merchandise to the U.S. SUMMARY: Notice is hereby given that, accordance with the Paperwork OMB Number: 1651–0094. pursuant to 19 CFR 151.12, Intertek Reduction Act: Declaration of a Person Form Number: None. USA, Inc., 15602 Jacintoport Blvd., Abroad Who Receives and Is Returning Abstract: This declaration is used Stolthaven Terminal, Houston, TX Merchandise to the U.S. This is a under conditions where articles are 77015, has been accredited to test proposed extension of an information imported, and then exported and re- petroleum, petroleum products, organic collection that was previously imported free of duty. The declaration is chemicals and vegetable oils for approved. CBP is proposing that this to insure that CBP can track and control customs purposes, in accordance with information collection be extended with duty-free merchandise. the provisions of 19 CFR 151.12. no change to the burden hours. This Current Actions: This submission is Anyone wishing to employ this entity to document is published to obtain being made to extend the expiration conduct laboratory analyses should comments form the public and affected date. Type of Review: Extension (without request and receive written assurances agencies. This proposed information change). from the entity that it is accredited by collection was previously published in Affected Public: Businesses. the U.S. Customs and Border Protection the Federal Register (73 FR 72501) on Estimated Number of Respondents: to conduct the specific test requested. November 28, 2008, allowing for a 60- 1,500. Alternatively, inquires regarding the day comment period. This notice allows for an additional 30 days for public Estimated Time per Respondent: 10 specific test this entity is accredited to minutes. perform may be directed to the U.S. comments. This process is conducted in accordance with 5 CFR 1320.10. Estimated Total Annual Burden Customs and Border Protection by Hours: 250. DATES: Written comments should be calling (202) 344–1060. The inquiry may If additional information is required received on or before March 9, 2009. also be sent to [email protected]. contact: Tracey Denning, U.S. Customs ADDRESSES: Please reference the Web site listed Interested persons are and Border Protection, 1300 below for a complete listing of CBP invited to submit written comments on Pennsylvania Avenue, NW., Room approved gaugers and accredited the proposed information collection to 3.2.C, Washington, DC 20229, at 202– laboratories. the Office of Information and Regulatory 344–1429. http://cbp.gov/xp/cgov/import/ Affairs, Office of Management and operations_support/labs_scientific_svcs/ Budget. Comments should be addressed Dated: January 29, 2009. commercial_gaugers/. to the OMB Desk Officer for Customs Tracey Denning, DATES: The accreditation of Intertek and Border Protection, Department of Agency Clearance Officer, Customs and USA, Inc., as commercial laboratory Homeland Security, and sent via Border Protection. became effective on November 7, 2008. electronic mail to [FR Doc. E9–2507 Filed 2–5–09; 8:45 am] _ The next triennial inspection date will oira [email protected] or faxed BILLING CODE 9111–14–P be scheduled for November 2011. to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: U.S. Customs and Border Protection (CBP) DEPARTMENT OF HOMELAND Randall Breaux, Laboratories and SECURITY Scientific Services, U.S. Customs and encourages the general public and affected Federal agencies to submit Border Protection, 1300 Pennsylvania U.S. Customs and Border Protection Avenue, NW., Suite 1500N, written comments and suggestions on Washington, DC 20229, 202–344–1060. proposed and/or continuing information Agency Information Collection collection requests pursuant to the Activities: Application for Withdrawal Dated: January 29, 2009. Paperwork Reduction Act (Pub. L. 104– Ira S. Reese, of Bonded Stores for Fishing Vessels 13). Your comments should address one and Certification of Use Executive Director, Laboratories and of the following four points: Scientific Services. (1) Evaluate whether the proposed AGENCY: U.S. Customs and Border [FR Doc. E9–2506 Filed 2–5–09; 8:45 am] collection of information is necessary Protection, Department of Homeland BILLING CODE 9111–14–P for the proper performance of the Security.

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ACTION: 30-Day Notice and request for (4) Minimize the burden of the Reduction Act: JADE Act. This is a comments; Extension of an existing collections of information on those who proposed extension of an information information collection: 1651–0092. are to respond, including the use of collection that was previously appropriate automated, electronic, approved. CBP is proposing that this SUMMARY: U.S. Customs and Border mechanical, or other technological information collection be extended with Protection (CBP) of the Department of collection techniques or other forms of no change to the burden hours. This Homeland Security has submitted the information technology, e.g., permitting document is published to obtain following information collection request electronic submission of responses. comments from the public and affected to the Office of Management and Budget Title: Application for Withdrawal of agencies. This proposed information (OMB) for review and approval in Bonded Stores for Fishing Vessels and collection was previously published in accordance with the Paperwork Certification of Use. the Federal Register (73 FR 72501) on Reduction Act: Application for OMB Number: 1651–0092. November 28, 2008, allowing for a 60- Withdrawal of Bonded Stores for Form Number: CBP Form 5125. day comment period. This notice allows Fishing Vessels and Certification of Use. Abstract: CBP Form 5125 is used for for an additional 30 days for public This is a proposed extension of an the withdrawal and lading of bonded comments. This process is conducted in information collection that was merchandise (especially alcoholic accordance with 5 CFR 1320.10. previously approved. CBP is proposing beverages) for use on board fishing DATES: Written comments should be that this information collection be vessels. This form is also used to verify received on or before March 9, 2009. extended with no change to the burden that the supplies on the vessel were ADDRESSES: Interested persons are hours. This document is published to either consumed or secured onboard for obtain comments from the public and invited to submit written comments on use on the next voyage. the proposed information collection to affected agencies. This proposed Current Actions: This submission is the Office of Information and Regulatory information collection was previously being made to extend the expiration Affairs, Office of Management and published in the Federal Register (73 date. Budget. Comments should be addressed FR 72500) on November 28, 2008, Type of Review: Extension (without to the OMB Desk Officer for Customs allowing for a 60-day comment period. change). and Border Protection, Department of This notice allows for an additional 30 Affected Public: Businesses. days for public comments. This process Estimated Number of Respondents: Homeland Security, and sent via electronic mail to is conducted in accordance with 5 CFR 500. _ 1320.10. Estimated Time per Respondent: 5 oira [email protected] or faxed to (202) 395–6974. DATES: Written comments should be minutes. SUPPLEMENTARY INFORMATION: received on or before March 9, 2009. Estimated Total Annual Burden U.S. Customs and Border Protection (CBP) ADDRESSES: Hours: 42. Interested persons are encourages the general public and invited to submit written comments on If additional information is required contact: Tracey Denning, U.S. Customs affected Federal agencies to submit the proposed information collection to written comments and suggestions on the Office of Information and Regulatory and Border Protection, 1300 Pennsylvania Avenue, NW., Room proposed and/or continuing information Affairs, Office of Management and collection requests pursuant to the Budget. Comments should be addressed 3.2.C, Washington, DC 20229, at 202– 344–1429. Paperwork Reduction Act (Pub. L. 104– to the OMB Desk Officer for Customs 13). Your comments should address one Dated: January 29, 2009. and Border Protection, Department of of the following four points: Homeland Security, and sent via Tracey Denning, (1) Evaluate whether the proposed electronic mail to Agency Clearance Officer, Customs and _ collection of information is necessary oira [email protected] or faxed Border Protection. for the proper performance of the to (202) 395–6974. [FR Doc. E9–2508 Filed 2–5–09; 8:45 am] functions of the agency/component, SUPPLEMENTARY INFORMATION: U.S. BILLING CODE 9111–14–P including whether the information will Customs and Border Protection (CBP) have practical utility; encourages the general public and (2) Evaluate the accuracy of the affected Federal agencies to submit DEPARTMENT OF HOMELAND agencies/components estimate of the written comments and suggestions on SECURITY burden of The proposed collection of proposed and/or continuing information information, including the validity of U.S. Customs and Border Protection collection requests pursuant to the the methodology and assumptions used; Paperwork Reduction Act (Pub. L. 104– Agency Information Collection (3) Enhance the quality, utility, and 13). Your comments should address one Activities: JADE Act clarity of the information to be of the following four points: collected; and (1) Evaluate whether the proposed AGENCY: U.S. Customs and Border (4) Minimize the burden of the collection of information is necessary Protection, Department of Homeland collections of information on those who for the proper performance of the Security. are to respond, including the use of functions of the agency/component, ACTION: 30-Day Notice and request for appropriate automated, electronic, including whether the information will comments; Extension of an existing mechanical, or other technological have practical utility; information collection: 1651–0133. collection techniques or other forms of (2) Evaluate the accuracy of the information technology, e.g., permitting agencies/components estimate of the SUMMARY: U.S. Customs and Border electronic submission of responses. burden of the proposed collection of Protection (CBP) of the Department of Title: JADE Act. information, including the validity of Homeland Security has submitted the OMB Number: 1651–0133. the methodology and assumptions used; following information collection request Form Numbers: None. (3) Enhance the quality, utility, and to the Office of Management and Budget Abstract: The JADE Act amends clarity of the information to be (OMB) for review and approval in previous Burmese sanctions by collected; and accordance with the Paperwork providing for import restrictions on

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certain categories of goods. In order to additional 30 days for public comments. Estimated Time per Respondent: 10 enforce these sanctions, CBP will This process is conducted in accordance minutes. require a certification from the exporter with 5 CFR 1320.10. Estimated Total Annual Burden as part of the entry package certifying DATES: Written comments should be Hours: 7,968. that the goods were not mined in, or received on or before March 9, 2009. If additional information is required extracted from Burma. This certification ADDRESSES: Interested persons are contact: Tracey Denning, U.S. Customs is provided for by the Act. invited to submit written comments on and Border Protection, 1300 Current Actions: This submission is the proposed information collection to Pennsylvania Avenue, NW., Room being made to extend the expiration the Office of Information and Regulatory 3.2.C, Washington, DC 20229, at 202– date. Affairs, Office of Management and 344–1429. Type of Review: Extension (without Budget. Comments should be addressed Dated: January 29, 2009. change). to the OMB Desk Officer for Customs Tracey Denning, Affected Public: Businesses. and Border Protection, Department of Agency Clearance Officer, Customs and Estimated Number of Respondents: Homeland Security, and sent via Border Protection. 22,197. electronic mail to [FR Doc. E9–2510 Filed 2–5–09; 8:45 am] Estimated Time per Response: 10 _ oira [email protected] or faxed BILLING CODE 9111–14–P minutes. to (202) 395–6974. Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: U.S. Hours: 74,005 Customs and Border Protection (CBP) DEPARTMENT OF HOMELAND If additional information is required encourages the general public and SECURITY contact: Tracey Denning, U.S. Customs affected Federal agencies to submit and Border Protection, 1300 written comments and suggestions on U.S. Customs and Border Protection Pennsylvania Avenue, NW., Room proposed and/or continuing information 3.2.C, Washington, DC 20229, at 202– collection requests pursuant to the Approval of Intertek USA, Inc., as a 344–1429. Paperwork Reduction Act (Pub. L. 104– Commercial Gauger Dated: January 29, 2009. 13). Your comments should address one AGENCY: U.S. Customs and Border Tracey Denning, of the following four points: Protection, Department of Homeland Agency Clearance Officer, Customs and (1) Evaluate whether the proposed Security. Border Protection. collection of information is necessary ACTION: Notice of approval of Intertek [FR Doc. E9–2509 Filed 2–5–09; 8:45 am] for the proper performance of the USA, Inc., as a commercial gauger. BILLING CODE 9111–14–P functions of the agency/component, including whether the information will SUMMARY: Notice is hereby given that, have practical utility; pursuant to 19 CFR 151.13, Intertek DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the USA, Inc., 3741 Red Bluff Road Suite SECURITY agencies/components estimate of the 105, Pasadena, TX 77503, has been burden of the proposed collection of approved to gauge petroleum, petroleum U.S. Customs and Border Protection information, including the validity of products, organic chemicals and the methodology and assumptions used; vegetable oils for customs purposes, in Agency Information Collection (3) Enhance the quality, utility, and accordance with the provisions of 19 Activities: Andean Trade Preferences clarity of the information to be CFR 151.13. Anyone wishing to employ collected; and AGENCY: U.S. Customs and Border this entity to conduct gauger services (4) Minimize the burden of the Protection, Department of Homeland should request and receive written collections of information on those who Security. assurances from the entity that it is are to respond, including the use of approved by the U.S. Customs and ACTION: 30-Day Notice and request for appropriate automated, electronic, Border Protection to conduct the comments; Extension of an existing mechanical, or other technological specific gauger service requested. information collection: 1651–0091. collection techniques or other forms of Alternatively, inquires regarding the SUMMARY: U.S. Customs and Border information technology, e.g., permitting specific gauger service this entity is Protection (CBP) of the Department of electronic submission of responses. approved to perform may be directed to Homeland Security has submitted the Title: Andean Trade Preferences. the U.S. Customs and Border Protection OMB Number: 1651–0091. following information collection request by calling (202) 344–1060. The inquiry Form Number: None. may also be sent to [email protected]. to the Office of Management and Budget Abstract: This collection identifies the Please reference the Web site listed (OMB) for review and approval in country of origin and related rules below for a complete listing of CBP accordance with the Paperwork which apply for purposes of duty-free or approved gaugers and accredited Reduction Act: Andean Trade reduced-duty treatment and specifies laboratories. Preferences. This is a proposed the documentary and other procedural extension of an information collection http://cbp.gov/xp/cgov/import/ requirements for preferential tariff _ _ _ that was previously approved. CBP is operations support/labs scientific svcs/ treatment under the Andean Trade commercial_gaugers/. proposing that this information Preferences Act 19 U.S.C. 3201 through DATES: collection be extended with no change 3206. The approval of Intertek USA, to the burden hours. This document is Current Actions: This submission is Inc., as commercial gauger became published to obtain comments form the being made to extend the expiration effective on November 07, 2008. The public and affected agencies. This date. next triennial inspection date will be proposed information collection was Type of Review: Extension (without scheduled for November 2011. previously published in the Federal change). FOR FURTHER INFORMATION CONTACT: Register (73 FR 72500) on November 28, Affected Public: Businesses. Randall Breaux, Laboratories and 2008, allowing for a 60-day comment Estimated Number of Respondents: Scientific Services, U.S. Customs and period. This notice allows for an 48,000. Border Protection, 1300 Pennsylvania

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Avenue, NW., Suite 1500N, DEPARTMENT OF HOMELAND DEPARTMENT OF THE INTERIOR Washington, DC 20229, 202–344–1060. SECURITY Fish and Wildlife Service Dated: January 29, 2009. Ira S. Reese, U.S. Customs and Border Protection [FWS–R8–R–2008–N0293; 80230–1265– 0000–S3] Executive Director, Laboratories and Approval of VIP Chemical, Inc., as a Scientific Services. Commercial Gauger Humboldt Bay National Wildlife Refuge [FR Doc. E9–2500 Filed 2–5–09; 8:45 am] Complex, Humboldt and Del Norte BILLING CODE 9111–14–P AGENCY: U.S. Customs and Border Counties, CA Protection, Department of Homeland Security. AGENCY: Fish and Wildlife Service, DEPARTMENT OF HOMELAND Interior. SECURITY ACTION: Notice of approval of VIP ACTION: Notice of availability; request Chemical, Inc., as a commercial gauger. for comments: Draft comprehensive U.S. Customs and Border Protection conservation plan/environmental Approval of Saybolt LP, as a SUMMARY: Notice is hereby given that, assessment. Commercial Gauger pursuant to 19 CFR 151.13, VIP Chemical, Inc., 4026 FM 1694, SUMMARY: We, the U.S. Fish and AGENCY: U.S. Customs and Border Robstown, TX 78310, has been Wildlife Service (Service), announce the Protection, Department of Homeland approved to gauge petroleum, petroleum availability of the Draft Comprehensive Security. products, organic chemicals, and Conservation Plan/Environmental Assessment (CCP/EA) for Humboldt Bay ACTION: Notice of approval of Saybolt vegetable oils for customs purposes, in National Wildlife Refuge Complex for LP, as a commercial gauger. accordance with the provisions of 19 public review and comment. The CFR 151.13. Anyone wishing to employ SUMMARY: Notice is hereby given that, Humboldt Bay National Wildlife Refuge pursuant to 19 CFR 151.13, Saybolt LP, this entity to conduct gauger services Complex is composed of Humboldt Bay 4025 Oak Lane, Sulfur, LA 70665, has should request and receive written National Wildlife Refuge (NWR) and been approved to gauge petroleum, assurances from the entity that it is Castle Rock NWR. The CCP, prepared petroleum products, organic chemicals approved by the U.S. Customs and under the National Wildlife Refuge and vegetable oils for customs purposes, Border Protection to conduct the System Improvement Act of 1997, and in accordance with the provisions of 19 specific gauger service requested. in accordance with the National CFR 151.13. Anyone wishing to employ Alternatively, inquiries regarding the Environmental Policy Act of 1969, this entity to conduct gauger services specific gauger service this entity is describes how the Service will manage should request and receive written approved to perform may be directed to the Refuges for the next 15 years. Draft assurances from the entity that it is the U.S. Customs and Border Protection compatibility determinations for several approved by the U.S. Customs and by calling (202) 344–1060. The inquiry public uses are also available for review Border Protection to conduct the may also be sent to [email protected]. and public comment in the Draft CCP/ specific gauger service requested. Please reference the Web site listed EA. Alternatively, inquires regarding the below for a complete listing of CBP DATES: Written comments must be specific gauger service this entity is approved gaugers and accredited received at the address below on or approved to perform may be directed to laboratories. before March 23, 2009. the U.S. Customs and Border Protection http://cbp.gov/xp/cgov/import/ ADDRESSES: For more information on by calling (202) 344–1060. The inquiry _ _ _ obtaining documents and submitting may also be sent to [email protected]. operations support/labs scientific svcs/ commercial_gaugers/. comments, see ‘‘Review and Comment’’ Please reference the Web site listed under SUPPLEMENTARY INFORMATION. For below for a complete listing of CBP DATES: The approval of VIP Chemical, public meeting location see ‘‘Public approved gaugers and accredited Inc., as commercial gauger became Meetings’’ under SUPPLEMENTARY laboratories. effective on May 22, 2008. The next INFORMATION. http://cbp.gov/xp/cgov/import/ triennial inspection date will be _ _ _ FOR FURTHER INFORMATION CONTACT: Eric operations support/labs scientific svcs/ scheduled for May 2011. commercial_gaugers/. T. Nelson, Project Leader, U.S. Fish and Wildlife Service, P.O. Box 576, Loleta, DATES: The approval of Saybolt LP, as FOR FURTHER INFORMATION CONTACT: commercial gauger became effective on Randall Breaux, Laboratories and CA 95551–9633, phone (707) 733–5406 June 11, 2008. The next triennial Scientific Services, U.S. Customs and or Sandy Osborn, Refuge Planner, U.S. inspection date will be scheduled for Border Protection, 1300 Pennsylvania Fish and Wildlife Service, 2800 Cottage June 2011. Avenue, NW., Suite 1500N, Way, W–1832, Sacramento, CA 95825, phone (916) 414–6503. FOR FURTHER INFORMATION CONTACT: Washington, DC 20229, 202–344–1060. Randall Breaux, Laboratories and SUPPLEMENTARY INFORMATION: The Dated: January 29, 2009. National Wildlife Refuge System Scientific Services, U.S. Customs and Ira S. Reese, Border Protection, 1300 Pennsylvania Improvement Act of 1997 (16 U.S.C. Avenue, NW., Suite 1500N, Executive Director, Laboratories and 668dd–668ee), which amended the Scientific Services. Washington, DC 20229, 202–344–1060. National Wildlife Refuge System [FR Doc. E9–2504 Filed 2–5–09; 8:45 am] Administration Act of 1966, requires us Dated: January 29, 2009. BILLING CODE 9111–14–P to develop a comprehensive Ira S. Reese, conservation plan (CCP) for each Executive Director, Laboratories and national wildlife refuge. The purpose in Scientific Services. developing a CCP is to provide refuge [FR Doc. E9–2503 Filed 2–5–09; 8:45 am] managers with a 15-year plan for BILLING CODE 9111–14–P achieving refuge purposes and

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contributing toward the mission of the Alternatives for the Humboldt Bay planning update distributed to the National Wildlife Refuge System, NWR project mailing list and posted on the consistent with sound principles of fish Under Alternative A (the ‘‘No Action’’ Refuge Complex Web site at http:// and wildlife management, conservation, Alternative), the Service would www.fws.gov/humboldtbay/ccp.html. legal mandates, and our policies. In continue the current management of Review and Comment addition to outlining broad management Humboldt Bay NWR at approximately Copies of the Draft CCP/EA may be direction on conserving wildlife and the same level it has in the recent past. their habitats, CCPs identify wildlife- obtained by writing to the U.S. Fish and There would be continued work on the Wildlife Service, Attn: Sandy Osborn, dependent recreational opportunities most substantive refuge issues available to the public, including Refuge Planner, 2800 Cottage Way, W– including: Maintenance of facilities and 1832, Sacramento, CA 95825–1846. opportunities for hunting, fishing, existing programs, Salmon Creek and wildlife observation and photography, Copies of the Draft CCP/EA may be other habitat restoration, control of viewed at this address or at the environmental education and invasives (especially Spartina, or non- interpretation. Humboldt Bay National Wildlife Refuge native cordgrass), habitat management Complex, 1020 Ranch Road, Loleta, CA The CCP for the Humboldt Bay for salmonids, Aleutian cackling geese 95551–9633. The Draft CCP/EA will also National Wildlife Refuge Complex was management, and public use initiatives. be available for viewing and initiated in January 2007. At that time Under Alternative B, the Service downloading online at http:// and throughout the process, public would make a number of improvements www.fws.gov/humboldtbay/ccp.html. comments were requested, considered, to Humboldt Bay NWR management Printed documents will also be available and incorporated in numerous ways. including substantial native habitat for review in the Government Collection Public outreach has included public restoration, moderate enhancement of sections at the following libraries: scoping meetings, planning updates, a Aleutian cackling goose habitat, Arcata Library, 500 7th Street, Arcata, CCP Web page, and Federal Register substantial restoration of Salmon Creek, CA 95521; College of the Redwoods notices. We announced the notice of substantial enhancements of other Library, 7351 Tompkins Hill Road, intent to prepare a Comprehensive wetland and dune habitats, an increase Eureka, CA 95501; Del Norte County Conservation Plan and Environmental in visitor services, a slight reduction in Library, 190 Price Mall, Crescent City, Assessment in the Federal Register (72 hunt opportunities, and proactive CA 95331; Fortuna Library, 753 14th FR 4020, January 29, 2007). cultural resource management. Street, Fortuna, CA 95540; Humboldt Background Alternative C, the preferred County Library, 1313 3rd Street, Eureka, alternative, would include all of the CA 95501; Humboldt State University Humboldt Bay NWR is located on features of Alternative B plus more Library, 1 Harpst Street, Arcata, CA Humboldt Bay on the northwest native habitat restoration, more 95521; and Conservation Library, California coast near Eureka and Arcata. restoration of Salmon Creek, more USFWS–NCTC, 698 Conservation Way, In 1971, the Humboldt Bay NWR was enhancements of other wetland and Shepherdstown, WV 25443. established to conserve coastal habitats dune habitats; and a slight increase in Comments on the Draft CCP/EA for a great diversity of animals and hunt opportunities compared to should be addressed to: Sandy Osborn, plants, especially migratory birds. In Alternative A. Refuge Planner, U.S. Fish and Wildlife later years the Service added the Service, 2800 Cottage Way, W–1832, Alternatives for the Castle Rock NWR Lanphere and Ma-le’l Dunes Units, to Sacramento, CA 95825–1846; or via help conserve the most pristine Under Alternative A (the ‘‘No Action’’ electronic mail, [email protected]. remaining dune ecosystem on the west Alternative), the Service would Comments may also be faxed to (916) coast of North America. The Refuge continue to manage Castle Rock NWR as 414–6497. Complex also includes Castle Rock it has in the recent past. At the end of the review and comment NWR, a 14-acre island located in Del Under Alternative B, the Service period for this Draft CCP/EA, we will Norte County, less than a mile would make a number of changes to analyze comments and address them in northwest of Crescent City. This refuge Castle Rock NWR management our Final CCP. Before including your hosts one of the largest and most diverse including: Restricting any monitoring address, phone number, e-mail address, colonies of breeding seabirds on the and research to off-island; increasing or other personal identifying Pacific coast and provides a roost for educational outreach and interpretation; information in your comment, you approximately 20,000 Aleutian cackling and increasing coordination with tribal should be aware that your entire geese during their migration. entities. comment—including your personal identifying information—may be made Alternatives Under Alternative C, the preferred alternative, the Service would improve publicly available at any time. While The Draft CCP/EA identifies and management of Castle Rock NWR by: you can ask us in your comment to evaluates three alternatives for Expanding surveys for flora and fauna; withhold your personal identifying managing Humboldt Bay and Castle improving research with remote information from public review, we Rock Refuges for the next 15 years. One controlled recording devices; increasing cannot guarantee that we will be able to alternative for each Refuge has been educational outreach and interpretation do so. identified as the preferred alternative. in collaboration with local entities; Dated: October 31, 2008. The preferred alternatives were increasing coordination with tribal Toni M. Deery, identified based on the analysis entities; and recommending Castle Rock Acting Regional Director, California and presented in the Draft CCP/EA, which NWR for wilderness designation and Nevada Region, Sacramento, California. may be modified following the completing the associated legislative completion of the public comment environmental impact statement. Editorial Note: This document was period based on comments received received in the Office of the Federal Register on Tuesday, January 27, 2009. from other agencies, tribal governments, Public Meetings non-governmental organizations, or The locations, dates, and times of [FR Doc. E9–2009 Filed 2–5–09; 8:45 am] individuals. public meetings will be listed in a BILLING CODE 4310–55–P

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DEPARTMENT OF THE INTERIOR comment period following the to address habitat requirements and announcement in the Federal Register needs of specific groups of water- Fish and Wildlife Service on August 19, 2008 (73 FR 48388). The dependent birds (e.g., waterfowl and [FWS–R6–R–2008–N0331; 60138–1265– draft CCP/EA identified and evaluated shorebirds). The staff would develop 6CCP–S3] three alternatives for managing the new environmental education and refuges for the next 15 years. public use programs. The Service Final Comprehensive Conservation Alternative A, the No Action proposes, at a future date, a new Plan for Nine Wetland Management alternative, promotes a continuation of administration and visitor center for Districts, North Dakota all aspects of the District’s current Audubon and Kulm WMD and management. Staff would conduct additionally, a new visitor contact AGENCY: Fish and Wildlife Service, monitoring, inventory, and research station for Lostwood, Valley City, and Interior. activities at their current level (i.e., Arrowwood Wetland Management ACTION: Notice of Availability. limited, issue-driven research and District. limited avian and vegetative monitoring The Service is furnishing this notice SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that the and inventory). Funding and staff levels to advise other agencies and the public Final Comprehensive Conservation Plan would not change and programs would of the availability of the final CCP, to (CCP) for nine Wetland Management follow the same direction, emphasis, provide information on the desired Districts (Districts) is available. This and intensity as they do at present. The conditions for the refuges, and to detail final CCP describes how the Service current management of wildlife habitat how the Service will implement intends to manage the Districts for the and associated species on Districts management strategies. Based on the next 15 years. Wetland Productions Areas (WPAs) are review and evaluation of the prioritized into high, medium, and low information contained in the EA, the ADDRESSES: A copy of the CCP may be areas. Currently, only high priority Regional Director has determined that obtained by writing to U.S. Fish and Wetland Production Areas are receiving implementation of the final CCP does Wildlife Service, Division of Refuge consistent management. All not constitute a major Federal action Planning, 134 Union Boulevard, Suite conservation easements are monitored that would significantly affect the 300, Lakewood, Colorado 80228; or by by Service personnel; however, only the quality of the human environment download from http://mountain- high priority easement violations are within the meaning of Section 102(2)(c) prairie.fws.gov/planning. consistently enforced. Currently public of the National Environmental Policy FOR FURTHER INFORMATION CONTACT: John use events and workshops with such Act. Therefore, an Environmental Esperance, 303–236–4369 (phone); 303– groups as school districts, youth groups, Impact Statement will not be prepared. 236–4792 (fax); or and conservations groups are conducted Future site-specific proposals discussed [email protected] (e-mail). on a multiyear rotation among Districts. in the final CCP will be addressed in SUPPLEMENTARY INFORMATION: The nine Alternative B is the Service’s separate planning efforts with full Districts are Devils Lake, Arrowwood, proposed action and basis for the CCP. public involvement. Audubon, Chase Lake, Crosby, J. Clark This alternative will allow for enhanced Dated: February 2, 2009. Salyer, Kulm, Lostwood, and Valley wetland and upland management where Noreen E. Walsh, City Wetland Management Districts. warranted on District lands. The Districts are part of the National Management objectives for various Deputy Regional Director. Wildlife Refuge System of the U.S. Fish habitat types would be based on habitat [FR Doc. E9–2542 Filed 2–5–09; 8:45 am] and Wildlife Service. The Districts were preferences of groups of target species, BILLING CODE 4310–55–P started as part of the Small Wetlands such as waterfowl, migratory shore Acquisition Program in the 1950s to birds, grassland bird species and save wetlands from various threats, priority species. District staff will focus DEPARTMENT OF THE INTERIOR particularly drainage. The passage of on high priority tracts and medium Fish and Wildlife Service Public Law 85–585 in August, 1958, priority tracts. The District staff will amended the Migratory Bird Hunting implement compatible production [FWS–R4–ES–2009–N0024; 40120–1112– and Conservation Stamp Act of 1934, enhancement techniques for targeted 0000–F2] migratory bird populations. The District allowing for the acquisition of Receipt of Applications for the staff will maintain existing waterfowl production areas and Amendment of Incidental Take Permits environmental education and public use easements for waterfowl production. for Residential Construction in All nine of the Districts have a programs, with additional waterfowl Charlotte County, FL primary purpose to provide optimal emphases. The Service proposes, at a habitat conditions for the needs of a future date, a new administration and AGENCY: Fish and Wildlife Service, suite of waterfowl and other migratory visitor center for Audubon and Kulm Interior. birds, and, to a lesser extent native, WMD and additionally a new visitor ACTION: Notice of receipt of permit resident wildlife. contact station for Lostwood, Valley amendment application; request for To achieve goals and objectives, City, and Arrowwood Wetland comments. aggressive wetland and upland habitat Management District. management must be conducted. In Alternative C, management by the SUMMARY: The U.S. Fish and Wildlife Wetland and upland habitats need to be District staff would be more intensive Service (Service) issued incidental take protected and enhanced through and widespread that targets native permits (permits) (TE136149–0, management. Habitat protection needs prairie/wetland complexes. District staff TE136150–0, TE136151–0, and to be evaluated through a priority would seek out where restoration TE136153–0), pursuant to section system so that different means of projects were expanded and where 10(a)(1)(B) of the Endangered Species protection, either through fee title or returning native grasslands to quality Act of 1973, as amended, for incidental easements, can be evaluated. native prairie was a priority. This take of the threatened Florida scrub-jay The draft CCP/EA was made available alternative would have the potential to (Aphelocoma coerulescens) (scrub-jay) to the public for a 30-day review and provide additional management options in Charlotte County, Florida to Peter

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Famulari (Applicant). The Applicant Residential construction will take ADDRESSES: Send your comments on has requested an amendment to the place on six parcels in the vicinity of this information collection directly to permits that will change the mitigation latitude 27.013 and longitude ¥82.015 the Office of Management and Budget option from payment to the Florida in Punta Gorda Isles, Punta Gorda, (OMB), Office of Information and Scrub-jay Conservation Fund Charlotte County, Florida. These parcels Regulatory Affairs, Attention: Desk administered by The Nature are within scrub-jay occupied habitat. Officer for the Department of the Conservancy to providing the Charlotte The parcels encompass about 3.2 acres, Interior via OMB e-mail: County conservation lands program an and the footprint of the structure, ([email protected]); or by option to purchase land that will result infrastructure, and landscaping fax (202) 395–6566; and identify your in acquisition of 79 acres of suitable precludes retention of scrub-jay habitat submission with #1028–0082. Please scrub-jay habitat. The Applicant has on these parcels. More details on the submit a copy of your comments to the agreed to follow all other existing specific parcel locations are available in Phadrea Ponds, Information Collections, habitat conservation plan (HCP) the HCP (see ADDRESSES). The original U.S. Geological Survey, 2150–C Center conditions. If amended, no additional permits became effective on February Avenue, Fort Collins, CO 80525 (mail); take will be authorized. 28, 2007. Opportunity for public review (970) 226–9230 (fax); or FAX: DATES: We must receive your written of the original applications was [email protected] (e-mail). Use comments on the permit amendments provided in 71 FR 65125 (November 7, Information Collection Number 1028– on or before March 9, 2009. 2006). 0082 in the subject line. ADDRESSES: See the SUPPLEMENTARY The Service has made preliminary FOR FURTHER INFORMATION CONTACT: To INFORMATION section below for determinations that amendment of the request additional information about information on how to submit your permits is neither a major Federal action this ICR, contact David Smith at comments on the permit amendments. that will significantly affect the quality [email protected]. of the human environment within the You may obtain a copy of the permit SUPPLEMENTARY INFORMATION: amendment applications and the HCP meaning of section 102(2)(C) of the Title: Bird Banding Laboratory. by writing to the South Florida National Environmental Policy Act OMB Control Number: 1028–0082. Ecological Services Office, Attn: Permit (NEPA), nor will they individually or Type of Request: Extension of a number TE136149–1/TE136153–1, U.S. cumulatively have more than a currently approved collection. Fish and Wildlife Service, 1339 20th negligible effect on the species covered Abstract: The USGS Bird Banding Street, Vero Beach, FL 32960–3559. In in the HCP. Therefore, the permit Laboratory is responsible for monitoring addition, we will make the permit amendment qualifies as a categorical the trapping and marking of wild amendment applications and HCP exclusion under NEPA as provided by migratory birds by persons holding available for public inspection by the Department of Interior Manual (516 Federal permits. The Bird Banding appointment during normal business DM 2, Appendix 1 and 516 DM 8.5). laboratory collects information using hours at the above address. Authority: We provide this notice pursuant two forms: (1) The Application for FOR FURTHER INFORMATION CONTACT: Ms. to Section 10 of the Endangered Species Act Federal Bird Marking and Salvage Trish Adams, Fish and Wildlife (16 U.S.C. 1531 et seq.) and NEPA Permit; and (2) The Bird Banding regulations (40 CFR 1506.6). Biologist, South Florida Ecological Recovery Report. This request does not Services Office (see ADDRESSES); Dated: January 16, 2009. include the Bird Banding Schedule. telephone: (772) 562–3909, ext. 232. Paul Souza, We will protect information from respondents considered proprietary SUPPLEMENTARY INFORMATION: If you Field Supervisor, South Florida Ecological under the Freedom of Information Act wish to comment on the permit Services Field Office. [FR Doc. E9–2554 Filed 2–5–09; 8:45 am] (5 U.S.C. 552) and its implementing amendments, you may submit regulations (43 CFR Part 2), and under comments by any one of the following BILLING CODE 4310–55–P regulations at 30 CFR 250.197, ‘‘Data methods. Please reference permit and information to be made available to number TE136149–1/TE136153–1 in DEPARTMENT OF THE INTERIOR the public or for limited inspection.’’ such comments. Responses are voluntary. No questions 1. Mail or hand-deliver comments to U.S. Geological Survey of a ‘‘sensitive’’ nature are asked. our South Florida Ecological Services Affected Public: General Public. Office address (see ADDRESSES). Agency Information Collection Respondent Obligation: Voluntary. 2. E-mail comments to Frequency of Collection: On occasion. _ Activities: Comment Request trish [email protected]. If you do not Estimated Number and Description of receive a confirmation that we have AGENCY: U.S. Geological Survey (USGS), Respondents: 85,550 Individuals received your e-mail message, contact Interior. encountering a banded bird and us directly at the telephone number ACTION: Notice of an extension of an volunteer bird banders. listed under FOR FURTHER INFORMATION information collection (1028–0082). Annual Burden Hours: 4,525 hours. CONTACT. Estimated Annual Reporting and Before including your address, phone SUMMARY: To comply with the Recordkeeping ‘‘Hour’’ Burden: The number, e-mail address, or other Paperwork Reduction Act of 1995 currently approved ‘‘hour’’ burden for personal identifying information in your (PRA), we are notifying the public that this collection is 4,525 hours. We do not comments, you should be aware that we will submit to OMB an information expect the burden for each form to your entire comment—including your collection request (ICR) to renew change as a result of this request (30 personal identifying information—may approval of the paperwork requirements minutes for Permit Application form; 3 be made publicly available at any time. for ‘‘Bird Banding Lab (2 USGS forms).’’ minutes for Recovery Report form. While you can ask us in your comment This notice provides the public an Estimated Reporting and to withhold your personal identifying opportunity to comment on the Recordkeeping ‘‘Non-Hour Cost’’ information from public review, we paperwork burden of this form. Burden: We have not identified any cannot guarantee that we will be able to DATES: You must submit comments on ‘‘non-hour cost’’ burdens associated do so. or before April 7, 2009. with this collection of information.

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Public Disclosure Statement: The PRA we will submit to OMB a new Estimated Number of Responses: 1200 (44 U.S.C. 3501, et seq.) provides that an information collection request (ICR) for responses. agency may not conduct or sponsor and review and approval. This notice Annual Burden Hours: 200 hours. you are not required to respond to, a provides the public an opportunity to collection of information unless it comment on the paperwork burden of Estimated Annual Reporting and displays a currently valid OMB control this collection. Recordkeeping ‘‘Hour’’ Burden: We estimate the public reporting burden number. Until OMB approves a DATES: You must submit comments on will average 10 minutes per response. collection of information, you are not or before April 7, 2009. obligated to respond. This includes the time for reviewing ADDRESSES: Send your comments Comments: We are soliciting instructions and completing the survey. regarding this ICR to Phadrea Ponds, comments as to: (a) Whether the Information Collections Clearance Estimated Annual Reporting and proposed collection of information is Officer, at U.S. Geological Survey, Recordkeeping ‘‘Non-Hour Cost’’: We necessary for the agency to perform its 2150–C Center Avenue, Fort Collins, CO have not identified any ‘‘non-hour cost’’ duties, including whether the 80525 (mail); (970) 226–9230 (fax); or burdens associated with this collection information is useful; (b) the accuracy of [email protected] (e-mail). Please of information. the agency’s estimate of the burden of reference Information Collection 1028— Public Disclosure Statement: The PRA the proposed collection of information; NEW, NATSURV. (c) how to enhance the quality, (44 U.S.C. 3501, et seq.) provides that an usefulness, and clarity of the FOR FURTHER INFORMATION CONTACT: agency may not conduct or sponsor and information to be collected; and (d) how Lynne Koontz by mail at U.S. Geological you are not required to respond to, a to minimize the burden on the Survey, 2150–C Center Avenue, Fort collection of information unless it respondents, including the use of Collins, CO 80526, or by telephone at displays a currently valid OMB control automated collection techniques or (970) 226–9384. number. other forms of information technology. SUPPLEMENTARY INFORMATION: Comments: We are soliciting Please note that the comments Title: Visitor Satisfaction and comments as to: (a) Whether the submitted in response to this notice are Spending at Pompeys Pillar National proposed collection of information is a matter of public record. Before Monument. necessary for the agency to perform its including your address, phone number, OMB Control Number: 1028—NEW. duties, including whether the e-mail address, or other personal Abstract: The USGS will conduct a information is useful; (b) the accuracy of identifying information in your survey of visitors to Pompeys Pillar the agency’s estimate of the burden of comment, you should be aware that National Monument and Shepherd Ah the proposed collection of information; your entire comment, including your Nei Recreation Area near Billings, MT. (c) how to enhance the quality, personal identifying information, may The survey will be used to better usefulness, and clarity of the be made publicly available at any time. understand visitor experiences and information to be collected; and (d) how While you can ask OMB in your spending in the local community. to minimize the burden on the comment to withhold your personal Respondents will have the option to respondents, including the use of identifying information from public complete the survey on-site or return it automated collection techniques or review, we cannot guarantee that it will by mail. We will use this survey to other forms of information technology. be done. To comply with the public measure visitor satisfaction with current Please note that the comments process, we publish this Federal visitor services and facilities and their submitted in response to this notice are Register notice announcing that we will desire for future services and facilities. a matter of public record. Before submit this ICR to OMB for approval. Information from this survey will including your address, phone number, The notice provided the required 60 day provide BLM managers, planners, and e-mail address, or other personal public comment period. visitor services professionals with identifying information in your USGS Information Collection scientifically sound data that can be Clearance Officer: Phadrea Ponds, 970– used to prepare resource management comment, you should be aware that 226–9445. planning documents and understand the your entire comment, including your personal identifying information, may Dated: January 28, 2009. economic impact of visitors to the local be made publicly available at any time. Susan D. Haseltine, community. We will protect information from While you can ask OMB in your Associate Director for Biology, U.S. Geological comment to withhold your personal Survey. respondents considered proprietary under the Freedom of Information Act identifying information from public [FR Doc. E9–2544 Filed 2–5–09; 8:45 am] review, we cannot guarantee that it will BILLING CODE 4311–AM–P (5 U.S.C. 552) and implementing regulations (43 CFR part 2), and under be done. To comply with the public regulations at 30 CFR 250.197, ‘‘Data process, we publish this Federal DEPARTMENT OF THE INTERIOR and information to be made available to Register notice announcing that we will the public or for limited inspection.’’ submit this ICR to OMB for approval. U.S. Geological Survey Responses are voluntary. No questions The notice provided the required 60 day of a ‘‘sensitive’’ nature are asked. public comment period. Agency Information Collection: Frequency of Collection: This is a one- USGS Information Collection Comment Request time survey. Clearance Officer: Phadrea Ponds, 970– AGENCY: United States Geological Respondent’s Obligation: Voluntary. 226–9445. Survey (USGS), Interior. Estimated Number and Description of Dated: January 28, 2009. ACTION: Notice of a new collection. Respondents: Approximately 600 visitors of Pompeys Pillar National Sue Haseltine, SUMMARY: To comply with the Monument and 600 visitors at Shepherd Associate Director for Biology. Paperwork Reduction Act of 1995 Ah Nei Recreation Area near Billings, [FR Doc. E9–2545 Filed 2–5–09; 8:45 am] (PRA), we are notifying the public that MT. BILLING CODE 4311–AM–P

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DEPARTMENT OF THE INTERIOR Washington Elementary School, 723 W. CONNECTICUT College, Blackwell, 09000076 New London County National Park Service Nowata County William Clark Company Thread Mill, 21 National Register of Historic Places; Opossum Creek Bridge, Co. Rd. NS–413 over Pawcatuck Ave., 12 and 22 River Rd., Notification of Pending Nominations Opossum Creek, South Coffeyville, Stonington, 08001190, LISTED, 12/16/08 and Related Actions 09000077 DELAWARE Payne County New Castle County Nominations for the following properties being considered for listing Reifsnyder, Josephine, Luston House West 9th Street Commercial Historic District, or related actions in the National (Lustron Houses of Oklahoma), 2119 111–320 W. 9th St., 901–909 N. Orange St., Sherwood, Stillwater, 09000078 825–901 N. Tatnall St., Wilmington, Register were received by the National 08001204, LISTED, 12/22/08 Park Service before January 24, 2009. Usher, Christian K., Luston House (Lustron Houses of Oklahoma), 1135 E. Moses, DISTRICT OF COLUMBIA Pursuant to section 60.13 of 36 CFR Cushing, 09000079 part 60 written comments concerning District of Columbia State Equivalent the significance of these properties Washington County Randall Junior High School, 65 I St., SW., under the National Register criteria for House at 1554 SW Rogers (Lustron Houses of Washington, D.C., 08001205, LISTED, evaluation may be forwarded by United Oklahoma), 1554 SW Rogers, Bartlesville, 12/22/08 (Public School Buildings of States Postal Service, to the National 09000080 Washington, DC MPS) Register of Historic Places, National Shaw Junior High School, 7th St., and Rhode [FR Doc. E9–2518 Filed 2–5–09; 8:45 am] Island Ave., NW, Washington, D.C., Park Service, 1849 C St., NW., 2280, BILLING CODE 4310–70–P 08001206, LISTED, 12/22/08 (Public Washington, DC 20240; by all other School Buildings of Washington, DC MPS) carriers, National Register of Historic FLORIDA Places, National Park Service, 1201 Eye DEPARTMENT OF THE INTERIOR St., NW., 8th floor, Washington, DC Dade County 20005; or by fax, 202–371–6447. Written National Park Service Fontainebleau Hotel, 4441 Collins Ave., or faxed comments should be submitted Miami Beach, 08001318, LISTED, 12/22/08 by February 23, 2009. National Register of Historic Places; Glades County Weekly Listing of Historic Properties J. Paul Loether, Red Barn, 3 mi. W of Co. Rd. 721 on Co. Rd. Chief, National Register of Historic Places/ 721A, Okeechobee vicinity, 08001243, National Historic Landmarks Program. Pursuant to (36 CFR 60.13(b,c)) and LISTED, 12/24/08 (36 CFR 63.5), this notice, through IOWA publication of the information included ILLINOIS Polk County herein, is to appraise the public as well Cook County Methodist Deaconess Institute—Esther Hall, as governmental agencies, associations Hohf, Dr. Robert, House, 303 Sheridan Rd., 921 Pleasant St., Des Moines, 09000067 and all other organizations and Kenilworth vicinity, 08001166, LISTED, individuals interested in historic 12/12/08 NEBRASKA preservation, of the properties added to, INDIANA Burt County or determined eligible for listing in, the Burt County State Bank, 246 S. 13th St., National Register of Historic Places from Hamilton County Tekamah, 09000068 December 15 to December 24, 2008. Castor Farm Site, Address Restricted, Noblesville vicinity, 08001207, LISTED, Douglas County For further information, please contact Edson Beall via: United States 12/18/08 Nicholas Street Historic District, Bounded by N. 11th St., Izard, N. 14th St. and a line Postal Service mail, at the National Hancock County parallel to and roughly 450’ N. of Nicholas Register of Historic Places, 2280, Barr, Charles, House, 25 W. Walnut St., St., Omaha, 09000070 National Park Service, 1849 C St., NW., Greenfield, 08001208, LISTED, 12/22/08 Parker, Frank, Archeological Site Washington, DC 20240; in person (by Howard County (Archeological Resources of the Metro appointment), 1201 Eye St., NW., 8th Omaha Management Unit MPS), Address floor, Washington DC 20005; by fax, Kokomo Courthouse Square Historic District, Restricted, Florence, 09000069 Bounded by Taylor St. on the N., Market 202–371–2229; by phone, 202–354– St. on the E., Superior St. on the S., Lincoln County 2255; or by e-mail, Washington St. on the W., Kokomo, _ North Platte U.S. Post Office and Federal Edson [email protected]. 08001209, LISTED, 12/22/08 Building, 416 N. Jeffers St., North Platte, Dated: February 2, 2009. Old Silk Stocking Historic District, Bounded 09000071 by W. Jackson St. on the N., Washington J. Paul Loether, St. on the E., Wildcat Creek in the S., OKLAHOMA Chief, National Register of Historic Places/ Phillips St. on the W., Kokomo, 08001210, Craig County National Historic Landmarks Program. LISTED, 12/22/08 Little Cabin Creek Bridge (Route 66 in KEY: State, County, Property Name, Address/ Lake County Oklahoma MPS), U.S. 60/69 over Little Boundary, City, Vicinity, Reference Rumsey, J. Claude, House, 709 Michigan Cabin Creek, SE of jct with U.S. 44, Vinita, Number, NHL, Action, Date, Multiple Ave., Lowell, 08001211, LISTED, 12/22/08 09000072 Name Madison County Kay County ARKANSAS Madison County Bridge No. 149, Fall Creek Huston Elementary School, 304 Vinnedge, Nevada County Pkwy and Huntsville Pk. over Fall Creek, Blackwell, 09000073 Pendleton, 08001212, LISTED, 12/22/08 Northside Elementary School, 720 W. Doolin Prescott Commercial Historic District, Ave., Blackwell, 09000074 Roughly bounded by E. 3rd St., Walnut St., Sullivan County Parkside Elementary School, 502 E. College, W. 3rd St. and Pine St., Prescott, 08000818, Sullivan County Courthouse, 100 Courthouse Blackwell, 09000075 LISTED, 12/24/08 Sq., Sullivan, 08001213, LISTED, 12/22/08

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KENTUCKY NEW YORK WISCONSIN Warren County Chemung County Columbia County Adams—Kentucky District, 900–1200 blks. of Buildings at 104–116 West Water St., 104– Holborn, George and Tuve, House, 10507 WI Adams St. & 1000–1300 blks. of Kentucky 116 W. Water St., Elmira, 08001230, 60, Lodi, 08001241, DETERMINED St., Bowling Green, 08000012, LISTED, LISTED, 12/17/08 ELIGIBLE, 12/19/08 12/18/08 OHIO La Crosse County LOUISIANA Gund Brewing Company Bottling Works, Clark County 2130 S. Ave., La Crosse, 08001202, Iberia Parish Masonic Temple, 125 W. High St., LISTED, 12/15/08 New Iberia (steamboat) shipwreck, Address Springfield, 08001195, LISTED, 12/17/08 Restricted, New Iberia, 08001214, LISTED, [FR Doc. E9–2517 Filed 2–5–09; 8:45 am] 12/24/08 Fairfield County BILLING CODE 4310–70–P Fairfield County Children’s Home, 1743 E. MARYLAND Main St., Lancaster, 08001196, LISTED, Allegany County 12/22/08 INTERNATIONAL TRADE COMMISSION Rolling Mill Historic District, Portions of Hamilton County Williams, Elm, Spring, Short, Baker, and [Investigation No. 337–TA–533 (Remand)] Ascension Sts., Miltenberger Pl., Sheridan Pinecroft, 2336 Kipling Ave., Cincinnati, Pl., Maryland Ave, Cumberland, 08001215, 08001197, LISTED, 12/17/08 In the Matter of Certain Rubber LISTED, 12/24/08 Montgomery County Antidegradants, Components Thereof, Anne Arundel County Bull, Jonah, House, 2233 Wayne Ave., and Products Containing Same; Notice Dayton, 08001198, LISTED, 12/19/08 of Commission Determination (1) To Skipworth’s Addition, Address Restricted, Review and Not Take a Position on Harwood, 08001216, LISTED, 12/22/08 Warren County Certain Issues in the Final Initial (Quaker Sites in the West River Meeting, King, Ahimaaz, House, 1720 E. King Ave., Anne Arundel County, Maryland c. 1650– Determination of the Administrative Kings Mills vicinity, 08001199, LISTED, 1785, MPS) Law Judge and (2) Not To Review the 12/19/08 Remainder of the Final Initial Baltimore Independent City RHODE ISLAND Determination; Termination of the Bellona-Gittings Historic District, Bounded Investigation by E. Lake, Melrose and Gittings Aves., Washington County AGENCY: U.S. International Trade York Rd., Charles Rd., Charlesbrooke and Rose, Benoni, House, 97 Lafayette Rd., North Commission. Overbrook Rds., Baltimore, 08001217, Kingstown, 08000717, LISTED, 12/24/08 LISTED, 12/24/08 ACTION: Notice. WASHINGTON Washington County SUMMARY: Notice is hereby given that Chelan County Sharpsburg Historic District, E. and W., the U.S. International Trade Chapline, Antietam, and High Sts., N. and Downtown Wenatchee Historic District, Commission has determined (1) to S. Church, Mechanic, Hall, and Potomac Roughly bounded by Columbia St., Mission review and not take a position on Sts., Sharpsburg, 08001218, LISTED, St., N. 1st St., and Kittitas St., Wenatchee, certain issues in the final initial 12/24/08 08001200, LISTED, 12/17/08 determination (‘‘ID’’) of the presiding MASSACHUSETTS Grant County administrative law judge (‘‘ALJ’’) in the Reiman, Samuel and Katherine, House, 415 above-captioned investigation and (2) Norfolk County F. St. SW., Quincy, 08001201, LISTED, not to review the remainder of the ID Medway Village Historic District, Bounded 12/17/08 finding no violation of section 337 of by former New York and Boston railroad the Tariff Act of 1930, as amended, 19 right of way, Oakland St., and Charles WEST VIRGINIA U.S.C. 1337 (‘‘section 337’’). This action River, Medway, 08001191, LISTED, Cabell County terminates the investigation with a 12/17/08 finding of no violation of section 337. Barboursville Historic District, Water, Main, MISSOURI Brady Sts., and Central Ave., Barboursville, FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Callaway County 08001234, LISTED, 12/24/08 Wellington, Zachary Taylor, House, 415 Main Counsel, U.S. International Trade Oakley Chapel African Methodist Episcopal St., Huntington, 08001235, LISTED, Commission, 500 E Street, SW., Church, Co. Rd. 485 at jct. of Co. Rd. 486, 12/24/08 Washington, DC 20436, telephone (202) Tebbetts vicinity, 08001192, LISTED, 205–3065. Copies of non-confidential 12/17/08 Hardy County documents filed in connection with this Jackson County Kotz, Francis, Farm, 27625 St. Rt. 55, investigation are or will be available for Wardensville vicinity, 08001237, LISTED, Walnut Street Warehouse and Commercial inspection during official business 12/22/08 Historic District (Boundary Increase II), hours (8:45 a.m. to 5:15 p.m.) in the Switzer, Nicholas, House, Co. Rt. 5 and 1526, 1524, 1520, 1516–18, 1512–14, and Office of the Secretary, U.S. Waites Run, Wardensville vicinity, 1508 Grand Blvd., Kansas City, 08001193, International Trade Commission, 500 E 08001238, LISTED, 12/24/08 LISTED, 12/17/08 Street, SW., Washington, DC 20436, telephone (202) 205–2000. General MONTANA Mineral County Davis, Henry Glassaway, House, 15–17 Jones information concerning the Commission Yellowstone County St., Piedmont, 08001239, LISTED, 12/19/08 may also be obtained by accessing its L and L Building, 2624 Minnesota Ave., Internet server (http://www.usitc.gov). Billings, 08001227, LISTED, 12/19/08 Randolph County The public record for this investigation Oliver Building, 2702 Montana Ave., Scott Hill, 2000 Livingston Ave., Elkins, may be viewed on the Commission’s Billings, 08001228, LISTED, 12/19/08 08001240, LISTED, 12/22/08 electronic docket (EDIS) at http://

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edis.usitc.gov. Hearing-impaired F.3d 1132 (Fed. Cir. 2007) Issued: February 2, 2009. persons are advised that information on (‘‘Sinorgchem’’). Marilyn R. Abbott, this matter can be obtained by On June 3, 2008, the Commission Secretary to the Commission. contacting the Commission’s TDD issued notice of its determination to [FR Doc. E9–2536 Filed 2–5–09; 8:45 am] terminal on (202) 205–1810. rescind the limited exclusion order BILLING CODE 7020–02–P SUPPLEMENTARY INFORMATION: The relating to the importation of rubber Commission instituted this investigation antidegradant products. The on March 29, 2005, based on a Commission also determined to remand DEPARTMENT OF JUSTICE complaint brought by Flexsys America the investigation to the presiding ALJ [OMB Number 1103–NEW] L.P. (‘‘Flexsys’’), alleging a violation of for proceedings consistent with section 337 in the importation, the sale Sinorgchem, including issuance of a Office of Community Oriented Policing for importation, or the sale after final initial determination on violation Services; Agency Information importation of certain rubber and a recommended determination on Collection Activities: Proposed antidegradants, components thereof, or remedy and bonding. Collection; Comments Requested products containing same with respect On August 29, 2008, the Commission to claims 30 or 61 of U.S. Patent No. ACTION: 60-Day Notice of Information issued notice of its determination not to 5,117,063 (‘‘the ‘063 patent’’), claims 7 Collection Under Review: Community review an ID terminating the or 11 of U.S. Patent No. 5,608,111 (‘‘the Policing Self-Assessment (CP–SAT). investigation as to Sovereign on the ‘111 patent’’), or claims 1, 32, or 40 of U.S. Patent No. 6,140,538 (‘‘the ‘538 basis of a settlement agreement and The Department of Justice (DOJ) patent’’). 70 FR 15,855 (Mar. 29, 2005). consent order. Office of Community Oriented Policing Services (COPS) will be submitting the The complaint named as respondents On December 3, 2008, the presiding administrative law judge issued his final following information collection request Sinorgchem Co. (‘‘Sinorgchem’’) of to the Office of Management and Budget Shandong, China, as well as Sovereign initial determination on remand (‘‘IDR’’) finding no violation of section 337 in (OMB) for review and approval in Chemical Company (‘‘Sovereign’’), accordance with the Paperwork Korea Kumho Petrochemical Co., Ltd. the above-identified investigation. In his IDR, the administrative law judge found Reduction Act of 1995. The information (‘‘KKPC’’), Vilax Corporation (‘‘Vilax’’), collection is published to obtain and Stolt-Nielson Transportation Group no infringement of the asserted claims under the doctrine of equivalents. The comments from the public and affected Ltd. (‘‘Stolt-Nielson’’). The investigation agencies. was terminated with regard to the ‘538 administrative law judge further explained that under the remand The purpose of this notice is to allow patent, and with regard to Vilax and for 60 days for public comment until instructions of the Federal Circuit, Stolt-Nielson. April 7, 2009. This process is conducted affirmative invalidity defenses need On February 16, 2006, the presiding in accordance with 5 CFR 1320.10. only be reached if the Commission finds administrative law judge issued his If you have comments especially on infringement under the doctrine of original final initial determination the estimated public burden or (‘‘ID’’), finding that Sinorgchem and equivalents. The administrative law associated response time, suggestions, Sovereign had violated section 337 with judge nevertheless found that the or need a copy of the proposed respect to the asserted claims of the ‘063 asserted claims are not invalid by reason information collection instrument with and ‘111 patents, but finding that KKPC of alleged obviousness and that the instructions or additional information, had not. All parties petitioned for complainant has satisfied the technical please contact Rebekah Dorr, review of various parts of the final ID. prong of the domestic industry Department of Justice Office of The Commission reviewed the ALJ’s requirement. All of the parties filed Community Oriented Policing Services, final ID in its entirety. 71 FR 20131 petitions for review. 1100 Vermont Avenue, NW., (April 19, 2006). On review, the Having examined the relevant Washington, DC 20530. Commission found a violation of section portions of the record in this Written comments and suggestions 337 with respect to the asserted claims, investigation, including the IDR, the from the public and affected agencies and issued a limited exclusion order. petitions for review, and the responses concerning the proposed collection of The limited exclusion order barred the thereto, the Commission has determined information are encouraged. Your unauthorized importation into the to (1) review and take no position on (a) comments should address one or more United States by Sinorgchem and the administrative law judge’s finding of of the following four points: Sovereign of 4–ADPA made by a process no infringement under the doctrine of —Evaluate whether the proposed covered by claim 30 of the ‘063 patent equivalents to the extent it is based on collection of information is necessary or claim 7 of the ‘111 patent, and 6–PPD argument-based prosecution history for the proper performance of the made by a process covered by claim 61 estoppel and (b) the administrative law functions of the agency, including of the ‘063 patent or claim 11 of the ‘111 judge’s findings with respect to whether the information will have patent. obviousness; and (2) not to review the practical utility; Sinorgchem appealed the remainder of the ID. Thus, the —Evaluate the accuracy of the agency’s Commission’s final determination to the investigation is terminated with a estimate of the burden of the U.S. Court of Appeals for the Federal finding of no violation of section 337. proposed collection of information, Circuit (‘‘Federal Circuit’’). On including the validity of the This action is taken under the December 21, 2007, the Federal Circuit methodology and assumptions used; authority of section 337 of the Tariff Act issued its judgment vacating and —Enhance the quality, utility, and of 1930, as amended (19 U.S.C. 1337), remanding the Commission’s final clarity of the information to be determination for further proceedings and of section 210.42(h) of the collected; and consistent with the Court’s opinion. Commission’s Rules of Practice and —Minimize the burden of the collection Sinorgchem Co., Shandong v. Procedure (19 CFR 210.42(h)). of information on those who are to International Trade Commission, 511 By order of the Commission. respond, including through the use of

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appropriate automated, electronic, DEPARTMENT OF JUSTICE to the Drug Enforcement mechanical, or other technological Administration, Office of Diversion collection techniques or other forms Drug Enforcement Administration Control, Federal Register Representative of information technology, e.g., (ODL), 8701 Morrissette Drive, Importer of Controlled Substances; permitting electronic submission of Springfield, VA 22152; and must be Notice of Application responses. filed no later than March 9, 2009. Overview of This Information Pursuant to Title 21 Code of Federal This procedure is to be conducted Collection Regulations 1301.34(a), this is notice simultaneously with and independent (1) Type of Information Collection: that on December 19, 2008, of the procedures described in 21 CFR Proposed collection; comments Mallinckrodt Inc., 3600 North Second 1301.34(b), (c), (d), (e), and (f). As noted requested. Street, St. Louis, Missouri 63147, made in a previous notice published in the (2) Title of the Form/Collection: application by renewal to the Drug Federal Register on September 23, 1975, Enforcement Administration (DEA) for Community Policing Self-Assessment (40 FR 43745), all applicants for registration as an importer of the basic (CP–SAT). registration to import a basic class of classes of controlled substances listed in (3) Agency form number, if any, and any controlled substances in schedule I schedule II: the applicable component of the or II are, and will continue to be, Department sponsoring the collection: Drug Schedule required to demonstrate to the Deputy None. U.S. Department of Justice Office Assistant Administrator, Office of of Community Oriented Policing Phenylacetone (8501) ...... II Diversion Control, Drug Enforcement Services. Coca Leaves (9040) ...... II (4) Affected public who will be asked Administration, that the requirements Opium, raw (9600) ...... II for such registration pursuant to 21 or required to respond, as well as a brief Poppy Straw (9650) ...... II abstract: Primary: Law Enforcement Poppy Straw Concentrate (9670) II U.S.C. 958(a); 21 U.S.C. 823(a); and 21 Agencies and community partners. The CFR 1301.34(b), (c), (d), (e), and (f) are purpose of this project is to improve the The company plans to import the satisfied. practice of community policing listed controlled substances for the Dated: January 30, 2009. throughout the United States by manufacture of controlled substances in Joseph T. Rannazzisi, supporting the development of a series bulk for distribution to its customers. Deputy Assistant Administrator, Office of of tools that will allow law enforcement No comments, objections, or requests agencies to gain better insight into the Diversion Control, Drug Enforcement for any hearings will be accepted on any Administration. depth and breadth of their community application for registration or re- [FR Doc. E9–2543 Filed 2–5–09; 8:45 am] policing activities. registration to import crude opium, (5) An estimate of the total number of poppy straw, concentrate of poppy BILLING CODE 4410–09–P respondents and the amount of time straw or coca leaves. As explained in estimated for an average respondent to the Correction to Notice of Application DEPARTMENT OF JUSTICE respond/reply: It is estimated that pertaining to Rhodes Technologies, 72 approximately 800 respondents will FR 3417 (2007), comments and requests Drug Enforcement Administration respond with an average of 1 hour per for hearings on applications to import response. narcotic raw material are not (6) An estimate of the total public Manufacturer of Controlled appropriate. Substances; Notice of Registration burden (in hours) associated with the Any bulk manufacturer who is collection: The total estimated burden is presently, or is applying to be, By Notice dated October 9, 2008 and 800 hours across 103 agencies. registered with DEA to manufacture If additional information is required published in the Federal Register on such basic classes of controlled contact: Lynn Bryant, Department October 17, 2008 (73 FR 61909), substances listed in schedule I or II, Clearance Officer, United States Cerilliant Corporation, 811 Paloma which fall under the authority of section Department of Justice, Justice Drive, Suite A, Round Rock, Texas 1002(a)(2)(B) of the Act (21 U.S.C. Management Division, Policy and 78665–2402, made application by 952(a)(2)(B)) may, in the circumstances Planning Staff, Patrick Henry Building, renewal to the Drug Enforcement set forth in 21 U.S.C. 958(i), file Suite 1600, 601 D Street, NW., comments or objections to the issuance Administration (DEA) to be registered as Washington, DC 20530. of the proposed registration and may, at a bulk manufacturer of the basic classes Dated: February 3, 2009. the same time, file a written request for of controlled substances listed in Lynn Bryant, a hearing on such application pursuant schedules I and II: Department Clearance Officer, PRA, United to 21 CFR 1301.43 and in such form as States Department of Justice. prescribed by 21 CFR 1316.47. [FR Doc. E9–2585 Filed 2–5–09; 8:45 am] Any such comments or objections BILLING CODE 4410–AT–P should be addressed, in quintuplicate,

Drug Schedule

Cathinone (1235) ...... I Methcathinone (1237) ...... I N-Ethylamphetamine (1475) ...... I N,N-Dimethylamphetamine (1480) ...... I Aminorex (1585) ...... I 4-Methylaminorex (cis isomer) (1590) ...... I Gamma-Hydroxybutyric acid (2010) ...... I Methaqualone (2565) ...... I Alpha-ethyltryptamine (7249) ...... I

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Drug Schedule

Lysergic acid diethylamide (7315) ...... I Marihuana (7360) ...... I Tetrahydrocannabinols (7370) ...... I Mescaline (7381) ...... I 3,4,5-Trimethoxyamphetamine (7390) ...... I 4-Bromo-2,5-dimethoxyamphetamine (7391) ...... I 4-Bromo-2,5-dimethoxyphenethylamine (7392) ...... I 4-Methyl-2,5-dimethoxyamphetamine (7395) ...... I 2,5-Dimethoxyamphetamine (7396) ...... I 2,5-Dimethoxy-4-ethylamphetamine (7399) ...... I 3,4-Methylenedioxyamphetamine (7400) ...... I 5-Methoxy-3,4-methylenedioxyamphetamine (7401) ...... I N-Hydroxy-3,4-methylendioxyamphetamine (7402) ...... I 3,4-Methylendioxy-N-ethylamphetamine (7404) ...... I 3,4-Methylenedioxymethamphetamine (7405) ...... I 4-Methoxyamphetamine (7411) ...... I Alpha-methyltryptamine (7432) ...... I Bufotenine (7433) ...... I Diethyltryptamine (7434) ...... I Dimethyltryptamine (7435) ...... I Psilocybin (7437) ...... I Psilocyn (7438) ...... I N-Benzylpiperazine (7493) ...... I Acetyldihydrocodeine (9051) ...... I Benzylmorphine (9052) ...... I Codeine-N-oxide (9053) ...... I Dihydromorphine (9145) ...... I Heroin (9200) ...... I Hydromorphinol (9301) ...... I Methyldihydromorphine (9304) ...... I Morphine-N-oxide (9307) ...... I Normorphine (9313) ...... I Pholcodine (9314) ...... I Acetylmethadol (9601) ...... I Allylprodine (9602) ...... I Alphacetylmethadol except levo-alphacetylmethadol (9603) ...... I Alphameprodine (9604) ...... I Alphamethadol (9605) ...... I Betacetylmethadol (9607) ...... I Betameprodine (9608) ...... I Betamethadol (9609) ...... I Betaprodine (9611) ...... I Hydroxypethidine (9627) ...... I Noracymethadol (9633) ...... I Norlevorphanol (9634) ...... I Normethadone (9635) ...... I Trimeperidine (9646) ...... I Phenomorphan (9647) ...... I Para-Fluorofentanyl (9812) ...... I 3-Methylfentanyl (9813) ...... I Alpha-Methylfentanyl (9814) ...... I Acetyl-alpha-methylfentanyl (9815) ...... I Beta-hydroxyfentanyl (9830) ...... I Beta-hydroxy-3-methylfentanyl (9831) ...... I Alpha-Methylthiofentanyl (9832) ...... I 3-Methylthiofentanyl (9833) ...... I Thiofentanyl (9835) ...... I Amphetamine (1100) ...... II Methamphetamine (1105) ...... II Phenmetrazine (1631) ...... II Methylphenidate (1724) ...... II Amobarbital (2125) ...... II Pentobarbital (2270) ...... II Secobarbital (2315) ...... II Glutethimide (2550) ...... II Nabilone (7379) ...... II 1-Phenylcyclohexylamine (7460) ...... II Phencyclidine (7471) ...... II 1-Piperidinocyclohexanecarbonitrile (8603) ...... II Alphaprodine (9010) ...... II Cocaine (9041) ...... II Codeine (9050) ...... II Dihydrocodeine (9120) ...... II Oxycodone (9143) ...... II

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Drug Schedule

Hydromorphone (9150) ...... II Diphenoxylate (9170) ...... II Benzoylecgonine (9180) ...... II Ethylmorphine (9190) ...... II Hydrocodone (9193) ...... II Levomethorphan (9210) ...... II Levorphanol (9220) ...... II Isomethadone (9226) ...... II Meperidine (9230) ...... II Meperidine intermediate-A (9232) ...... II Meperidine intermediate-B (9233) ...... II Meperidine intermediate-C (9234) ...... II Methadone (9250) ...... II Methadone intermediate (9254) ...... II Dextropropoxyphene, bulk (non-dosage forms) (9273) ...... II Morphine (9300) ...... II Thebaine (9333) ...... II Levo-alphacetylmethadol (9648) ...... II Oxymorphone (9652) ...... II Noroxymorphone (9668) ...... II Racemethorphan (9732) ...... II Alfentanil (9737) ...... II Sufentanil (9740) ...... II Fentanyl (9801) ...... II

The company plans to manufacture DEPARTMENT OF JUSTICE security systems, verification of the small quantities of the listed controlled company’s compliance with state and substances to make reference standards Drug Enforcement Administration local laws, and a review of the which will be distributed to their company’s background and history. Manufacturer of Controlled customers. Therefore, pursuant to 21 U.S.C. 823, Substances; Notice of Registration and in accordance with 21 CFR 1301.33, No comments or objections have been By Notice dated October 7, 2008 and the above named company is granted received. DEA has considered the registration as a bulk manufacturer of factors in 21 U.S.C. 823(a) and published in the Federal Register on October 14, 2008, (73 FR 60719), Halo the basic classes of controlled determined that the registration of Pharmaceutical Inc., 30 North Jefferson substances listed. Cerilliant Corporation to manufacture Road, Whippany, New Jersey 07981, the listed basic classes of controlled Dated: January 30, 2009. made application to the Drug Joseph T. Rannazzisi, substances is consistent with the public Enforcement Administration (DEA) to interest at this time. DEA has Deputy Assistant Administrator, Office of be registered as a bulk manufacturer of Diversion Control, Drug Enforcement investigated Cerilliant Corporation to the basic classes of controlled Administration. ensure that the company’s registration is substances listed in schedules I and II: [FR Doc. E9–2538 Filed 2–5–09; 8:45 am] consistent with the public interest. The BILLING CODE 4410–09–P investigation has included inspection Drug Schedule and testing of the company’s physical security systems, verification of the Dihydromorphine (9145) ...... I Hydromorphone (9150) ...... II DEPARTMENT OF LABOR company’s compliance with state and local laws, and a review of the Dihydromorphine is an intermediate Employment and Training company’s background and history. in the manufacture of Hydromorphone Administration Therefore, pursuant to 21 U.S.C. 823, and is not for commercial distribution. and in accordance with 21 CFR 1301.33, The company plans to manufacture Employment and Training the above named company is granted Hydromorphone HCL for sale to other Administration Notice of registration as a bulk manufacturer of manufacturers and for the manufacture Implementation of Supplemental the basic classes of controlled of other controlled substance dosage Appropriations Act, 2008, Title IV— substances listed. units for distribution to its customers. Emergency Unemployment No comments or objections have been Compensation, and the Unemployment Dated: January 30, 2009. received. DEA has considered the Compensation Extension Act Joseph T. Rannazzisi, factors in 21 U.S.C. 823(a) and AGENCY: Employment and Training Deputy Assistant Administrator, Office of determined that the registration of Halo Administration, Labor. Diversion Control, Drug Enforcement Pharmaceutical Inc. to manufacture the ACTION: Notice. Administration. listed basic classes of controlled [FR Doc. E9–2541 Filed 2–5–09; 8:45 am] substances is consistent with the public SUMMARY: The Employment and BILLING CODE 4410–09–P interest at this time. DEA has Training Administration (ETA) of the investigated Halo Pharmaceutical Inc. to United States Department of Labor (the ensure that the company’s registration is Department) is publishing, for public consistent with the public interest. The information, notice of the issuance and investigation has included inspection availability of the Unemployment and testing of the company’s physical Insurance Program Letters (UIPL) that

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provide guidance to the states regarding Compensation, Public Law 110–252, principal in the EUC08 program. As the implementation of the Emergency signed by the President on June 30, agents of the Department in Unemployment Compensation program 2008; the Social Security Act (42 administrating the EUC08 program, (EUC08) pursuant to the Supplemental U.S.C.); the Federal Unemployment Tax states must follow the instructions as Appropriations Act, 2008, Title IV, Act (26 U.S.C. 3301 et seq.); Section 205 provided in the attached operating Emergency Unemployment of the Federal-State Extended instructions. Compensation, Public Law 110–252, Unemployment Compensation Act of 5. Action. Administrators are to signed by the President on June 30, 1970, as amended; Section 233 of the provide this information and 2008, and, subsequently, the Trade Act of 1974, as amended; 20 CFR instructions to the appropriate staff. Unemployment Compensation Parts 603, 615, 616, and 650; 6. Inquiries. Direct questions to the Extension Act, Public Law 110–449, Unemployment Insurance Program appropriate Regional Office. enacted November 21, 2008. Letter (UIPL) 29–05; UIPL 12–87; UIPL 7. Attachments. FOR FURTHER INFORMATION CONTACT: 12–87, Change 1; and ET Handbooks Attachment A—Implementing and Stephanie C. Garcia, 202–693–3207. 395, 401 and 410. Operating Instructions for EUC08. 3. Summary. The EUC08 program SUPPLEMENTARY INFORMATION: The Attachment B—General Provisions for provides up to 13 weeks of 100 percent EUC08 is administered through Administering EUC08. federally-financed compensation to voluntary agreements between states Attachment C—Title IV—Emergency eligible individuals in all states. Unemployment Compensation. and the Department. The EUC08 EUC08 is payable to individuals who benefits are payable in a state the week (1) have exhausted all rights to regular Attachment A—Implementing and following the week in which an compensation with respect to a benefit Operating Instructions for EUC08 agreement is signed. The Department year that ended on or after May 1, 2007; Introduction has provided the states guidance in the and (2) have no rights to regular form of UIPLs for implementing and compensation or extended benefits (EB); On June 30, 2008, the President operating the EUC08 program, including and (3) are not receiving compensation signed Public Law 110–252, the fiscal and reporting instructions: UIPL under the unemployment compensation Supplemental Appropriations Act, 2008 23–08 (published July 7, 2008), UIPL law of Canada. However, the Governor (Act). Title IV created the Emergency 23–08, Change 1 (published August 15, of a state may elect to pay EUC08 prior Unemployment Compensation (EUC08) 2008), UIPL 23–08, Change 2 (published to the payment of EB. To qualify for program. The EUC08 program is a November 24, 2008), and UIPL 23–08 EUC, individuals must have had federally funded benefit extension Change 3 (published December 24, employment of 20 weeks of work, or the which provides up to 13 weeks of 2008). These documents furnish equivalent in wages, in their base benefits to exhaustees, as defined, who information about the EUC08 program, periods. Continuing eligibility is otherwise meet the requirements of the provide the Department’s interpretation determined under the requirements of Act. This document provides guidance of Title IV of the Supplemental the state law. to states in administering the provisions Appropriations Act, 2008, and contain EUC08 is administered through of the Act. This guidance explains the the operating instructions to guide states voluntary agreements between states eligibility requirements, state in implementing and administering the and the U.S. Department of Labor (the procedures for determining who is EUC08 program. Department). EUC08 is payable in a eligible, how to establish valid EUC08 The complete text of these guidance state the week following the week in claims, and other administrative documents are provided in this notice. which an agreement is signed. In most functions associated with the Act. In addition, they are available on the states, where the week of Definitions ETA Advisory Web site: UIPL 23–08— unemployment ends on Saturday, the http://wdr.doleta.gov/directives/ first week for which EUC08 may be paid This section contains the definitions corr_doc.cfm?DOCN=2649; UIPL 23–08, is the week ending July 12, 2008. In of terms used throughout this Change 1—http://wdr.doleta.gov/ these states, the last week for purposes document. To the extent possible, these directives/corr_doc.cfm?DOCN=2657; of an initial determination of EUC08 definitions follow the extended benefit UIPL 23–08, Change 2—http:// eligibility is the week ending March 28, regulations found at 20 CFR 615.2, as wdr.doleta.gov/directives/ 2009. However, a claimant who has required by Section 4006 of the Act corr_doc.cfm?DOCN=2684; and UIPL amounts remaining in his/her EUC08 regarding these terms. References to 5 23–08, Change 3—http://wdr.doleta.gov/ account as of this week ending date U.S.C. Chapter 85 relate to directives/corr_doc.cfm?DOCN=2693. may, if otherwise eligible, collect EUC08 Unemployment Compensation for Advisory: Unemployment Insurance through the week ending June 27, 2009. Federal Employees (UCFE) and Program Letter No. 23–08. States are required to submit a separate Unemployment Compensation for Ex- To: State Workforce Agencies. financial status report (ETA 9130) for Servicemembers (UCX). From: Douglas F. Small, Deputy administrative grants and costs 1. ‘‘Act’’ means Title IV of the Assistant Secretary. associated with the EUC08 program. Supplemental Appropriations Act, Subject: Supplemental Appropriation 4. Guidance. This document furnishes 2008, which establishes the Emergency Act, 2008, Title IV—Emergency information about the EUC08 program Unemployment Compensation program. Unemployment Compensation. and provides the Department’s 2. ‘‘Additional Compensation’’ (AC) 1. Purpose. To provide states with interpretation of Title IV of the means compensation totally financed by instructions for implementing and Supplemental Appropriations Act, a state and payable under a state law by operating the Emergency 2008. It also sets forth the operating reason of conditions of high Unemployment Compensation, 2008 instructions to guide states in unemployment or by reason of other (EUC08) program, including fiscal and implementing and administering the special factors. reporting instructions. EUC08 program. 3. ‘‘Agreement’’ means the agreement 2. References. Supplemental The instructions in this document are between a state and the Department of Appropriation Act, 2008, Title IV– issued to states as guidance provided by Labor (the Department) under which the Emergency Unemployment the Department in its role as the state agency makes payments, as the

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Department’s agent, of EUC08 in begin in an extended benefit period, (5) Have had 20 weeks of full-time accordance with the Act as interpreted under those provisions of state law insured employment or the equivalent by the Department as set forth in these which satisfy the requirements of the in insured wages, as determined under instructions or any other instructions Federal-State Extended Unemployment the provisions of the state law issued by the Department. Compensation Act of 1970 (hereafter implementing section 202(a)(5) of the 4. ‘‘Applicable Benefit Year’’ means, called the Federal-State EB law), and, Federal-State EB law. with respect to an individual, the when so payable, includes b. Determining Exhaustees. current benefit year if, at the time an compensation payable pursuant to 5 (1) Under Section 4001(c) of the Act, initial claim for EUC08 is filed, the U.S.C. Chapter 85, but does not include for an individual to be considered to individual has an unexpired benefit regular compensation or additional have exhausted benefit rights to regular year only in the state against which compensation. Extended compensation compensation in an applicable benefit claim is filed, or, in any other case, the is referred to as Extended Benefits or year (for purposes of meeting the first individual’s most recent benefit year EB. EUC08 eligibility criterion), the ending on or after May 1, 2007. For this 13. ‘‘Regular compensation’’ means individual must have either: purpose, the most recent benefit year, compensation payable to an individual (A) Received all regular compensation for an individual who has unexpired under any state law, and, when so payable based on employment and/or benefit years in more than one state payable, includes compensation payable wages during the applicable base when an initial claim for EUC08 is filed, under 5 U.S.C. Chapter 85, but does not period; or is the benefit year with the latest ending include extended compensation or (B) Had rights to regular date or, if such benefit years have the additional compensation. compensation terminated by reason of same ending date, the benefit year in 14. ‘‘Secretary’’ means the Secretary the expiration of the applicable benefit which the latest continued claim for of Labor of the United States. year in which these rights existed. regular compensation was filed. 15. ‘‘State’’ means the states of the (2) Exhaustees cease to be exhaustees when they can establish a valid new Note. The Act requires individuals to United States, the District of Columbia, the Commonwealth of Puerto Rico, and benefit year; therefore, at each quarter ‘‘have exhausted all rights to regular change, the state must check to see if an compensation under the State law or under the Virgin Islands. Federal law with respect to a benefit year 16. ‘‘State Agency’’ means the state individual meets the state’s (excluding any benefit year that ended before unemployment compensation agency of requirements to establish a new benefit May 1, 2007).’’ (Section 4001(b)(1) of the Act. the state administering the state law. year. If the individual can establish a Emphasis added.) In the majority of states, 17. ‘‘State Law’’ means the new benefit year, s/he would no longer where benefit years end on Saturday, the unemployment compensation law of a qualify for the EUC08 claim. In these practical effect is that the Act applies to state approved by the Secretary under cases, the claimant should be advised individuals with benefit years ending on or Section 3304(a) of the Internal Revenue that s/he no longer qualifies for the after Saturday, May 5, 2007. Code of 1986 (26 U.S.C. 3304(a)). EUC08 claim and that s/he can file a 5. ‘‘Applicable State’’ means the state 18. ‘‘Week’’ means a week as defined regular UI claim. Once the claimant with respect to which the individual is in the applicable state law. qualifies for a new claim, the payments an exhaustee for EUC08 purposes, and, 19. ‘‘Week of Unemployment’’ means on the EUC08 claim must end, even if in the case of a combined wage claim for a week of total, part-total, or partial the Weekly Benefit Amount (WBA) for regular compensation, the term means unemployment as defined in the the new claim is lower than what the the ‘‘paying state’’ for such claim as applicable state law, which shall be claimant was receiving on the EUC08 defined in 20 CFR 616.6(e). applied in the same manner to the same claim. 6. ‘‘Applicable State Law’’ means the extent to claims filed under the Note. The requirement to check eligibility state law of the state which is the requirements of this Act. for regular compensation at each quarterly applicable state for an individual. Operating Instructions change was not explicitly stated in the 7. ‘‘Base Period’’ means the base guidance implementing the Temporary period as determined under the 1. Eligibility for EUC08. Extended Unemployment Compensation Act applicable state law for the individual’s a. Basic Eligibility Requirements. To of 2002. However, the Department has applicable benefit year. be eligible for a week of EUC08, in determined that it is a method of 8. ‘‘Benefit Year’’ means the benefit addition to meeting the applicable state administration necessary for assuring that year as defined in the applicable state law provisions, individuals must: individuals have, in fact, exhausted regular compensation as required by the Act. law. (1) Have exhausted all rights to 9. ‘‘Compensation’’ means cash regular compensation under the 2. Beginning and Ending of the EUC08 benefits (including dependents’ applicable state law with respect to the Program in a State. Under Section 4007 allowances) payable to individuals with applicable benefit year; of the Act, EUC08 is payable in a state respect to their unemployment, and (2) Have no rights to regular or beginning with the first week which includes regular compensation, extended compensation with respect to begins after the date an Agreement is additional compensation, extended the week under such law or any other signed between the state and the compensation, and EUC08 as defined in state or Federal unemployment Department. No new EUC08 this section. compensation (UC) law; determinations may be made for weeks 10. ‘‘Department’’ means the U.S. (3) Not be receiving compensation of unemployment ending after March Department of Labor. with respect to such week under the UC 31, 2009. In most states, where weeks of 11. ‘‘Emergency Unemployment law of Canada; unemployment end on Saturday, this Compensation’’ means the (4) Be legally authorized to work in means no new EUC08 determinations compensation payable under the Act, the United States. In determining work may be made for weeks beginning after and which is referred to as EUC08. authorization, states will follow the March 28, 2009. However, an individual 12. ‘‘Extended compensation’’ means procedures provided in section 1137(d) having amounts remaining in his/her the extended unemployment of the Social Security Act (42 U.S.C. EUC08 account as of March 31, 2009, compensation payable to an individual 1230b–7(d)) and as explained in UIPL may collect the remaining balance in for weeks of unemployment which 12–87 and UIPL 12–87, Change 1; and subsequent weeks, if otherwise eligible.

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Any individual who qualifies for this a. The suitable work and work search individual is not eligible for TRA until phase-out is limited to the amount in requirements of Section 202(a)(3); and EUC08 entitlement is exhausted. the account as of this date. No EUC08 b. The requirement of employment to The provisions of Section 233(d) of may be paid under this phase-out ‘‘for purge certain disqualifications found in the Trade Act of 1974, as amended any week beginning after June 30, Section 202(a)(4). (relating to reduction of EB entitlement 2009.’’ In states where weeks of Note, however, that the Federal-State because of the receipt of TRA in the unemployment end on Saturday, this EB law’s 20-weeks of work requirement most recent benefit year), are not means the last week of EUC08 payable must be met. See item 10.c.(1) below. applicable to determinations of during this phase-out is the week 6. Effect of Additional Compensation entitlement to EUC08. ending June 27, 2009. Eligibility in a State. Section 4001(b)(2) b. Disaster Unemployment Assistance 3. Termination of EUC08 Agreement. of the Act requires that an individual (DUA). An individual is not eligible for The agreement provides that it may be have no rights to regular compensation DUA with respect to a week of amended by mutual consent and may be or EB in order to meet the eligibility unemployment under Section 410 of the terminated by either party on thirty requirements for EUC08. AC is not Robert T. Stafford Disaster Relief and days’ written notice. In the case of considered regular compensation or EB; Emergency Assistance Act, as amended termination, the EUC08 period will end therefore, EUC08 is payable regardless (42 U.S.C. 5177), if the individual is 30 days from the date the state notifies of an individual’s AC eligibility. A state eligible to receive EUC08 compensation the Secretary of its election to terminate with an AC program in effect may pay for that week. the EUC08 program. No EUC08 will be AC following the payment of EUC08. 9. Establishment of EUC08 Account. payable for weeks which begin after the AC does not affect the EUC08 maximum Section 4002(a) of the Act requires the date the termination of the agreement is benefit amount (MBA). state to establish an EUC08 account for each eligible individual. The maximum effective. However, EUC08 is payable 7. Applicability of State Law benefit amount (MBA) in the for weeks of unemployment up to such Provisions. Under Section 4001(d)(2) of individual’s account will be equal to the termination date. the Act, applicable state law provisions 4. Notifications. lesser of 50 percent of the total amount which apply to the payment and a. Identification and Notification of of regular compensation or 13 times the continuing eligibility for regular Potentially Eligible Claimants. The state average regular compensation WBA for compensation also apply to the payment must identify individuals who are a week of total unemployment of EUC08. An individual is not entitled potentially eligible for EUC08 and (including dependents’ allowances in to receive EUC08 for a week for which provide them with appropriate written either case) payable to the individual the individual is disqualified under the notification of their potential with respect to the ‘‘applicable benefit applicable state law. For example, if the entitlement to EUC08, including filing year.’’ applicable state law requires, as a instructions. If a redetermination or an appeal condition of eligibility for regular b. Interstate Claims. EUC08 is payable decision results in a determination that compensation, that an individual be to individuals filing under the Interstate an individual is entitled to more or less able and available for work, this Benefit Payment Plan in the same regular compensation, the individual’s requirement applies to EUC08. If an manner and to the same extent that status as an exhaustee must be individual is not able or available for benefits are payable to intrastate redetermined, as appropriate, and an work, the individual would be claimants. appropriate change shall be made in the disqualified from receiving EUC08 until The liable state is responsible for individual’s EUC08 account. identifying and notifying all potentially the individual became able and 10. EUC08 WBA and Other eligible interstate claimants of their available again. Information. potential eligibility, including filing 8. Effect of Other UI-Related Programs a. Total Unemployment. The WBA instructions. on Eligibility for EUC08. payable to an individual for a week of c. Notification of Media. To assure a. Trade Readjustment Allowances total unemployment is equal to the public knowledge of the status of the (TRA). The maximum amount of EUC08 individual’s most recent weekly benefit EUC08 program, the state must notify all payable to an individual who is also amount (including any dependents’ appropriate news media having entitled to TRA shall not be reduced by allowances) for the applicable benefit coverage throughout the state of the reason of TRA entitlement. However, year. beginning of the EUC08 program. under Section 233(a)(1) of the Trade Act b. Partial and Part-Total 5. Relation of Extended Benefits to of 1974, as amended, the individual’s Unemployment. To determine the EUC08. Section 4001(e) of the Act entitlement to EUC08 will reduce the amount payable for a week of partial or allows, if state law permits, the payment individual’s maximum amount of part-total unemployment, the state will of EUC08 prior to EB to individuals who ‘‘basic’’ TRA payable if the EUC08 is calculate the payment amount in are otherwise eligible for EUC08. If a payable during the UI benefit period accordance with the state law applicable state elects to pay EUC08 prior to EB, established by or in effect at the time of to such a week of unemployment. the amount of the individual’s EB the individual’s first TRA qualifying c. Exceptions. The terms and entitlement is not otherwise affected; EB separation under the applicable trade conditions of the state law which apply is deferred, not reduced. Therefore, if adjustment assistance certification to claims for regular compensation and the state is in an EB period when the issued by the Department. (For the to the payment thereof shall apply to individual exhausts his or her EUC08 definition of ‘‘benefit period,’’ see 20 claims for EUC08 and the payment claim, s/he may receive any remaining CFR 617.3(h).) If the EUC08 entitlement thereof, except: EB entitlement, as long as s/he met the occurs during a UI benefit period (1) The individual must have 20 EB eligibility provisions. There is no subsequent to the one in which the weeks of full-time insured employment provision in the Act that authorizes individual’s first TRA qualifying or the ‘‘equivalent’’ in insured wages in states to trigger ‘‘off’’ an EB period. separation occurred, the maximum the individual’s applicable base period The following provisions from the amount of ‘‘basic’’ TRA payable will not as determined under the provisions of Federal-State EB law do not apply to the be reduced by the amount of EUC08 the state law implementing section EUC08 program: entitlement. In either case, however, the 202(a)(5) of the Federal-State EB law

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and 20 CFR 615.4(b). The equivalent in records may be disclosed only in the there is no requirement that the claimant file insured wages equals 40 times the same manner and to the same extent as a regular UI initial claim. Each application individual’s most recent weekly benefit information with respect to regular should result in only one initial claim; a amount, or 1.5 times the individual’s compensation, and the entitlement of claimant application will result in either a high quarter insured employment. regular UI initial claim or an initial EUC08 individuals thereto, may be disclosed claim (which could be a denied claim). To determine which of these earnings under provisions of the applicable state requirements the state may use to law meeting the requirements of 20 CFR a. Intrastate Initial Claims. An initial determine if the claimant has a part 603. This provision on the claim for EUC08 will be filed by an qualifying applicable benefit year for confidentiality of information obtained individual according to the applicable EUC08, the state must consult ‘‘the in the administration of the Act shall state’s manual, remote, or electronic provisions of state law implementing not apply, however, to information, filing procedures. As noted above, this Section 202(a)(5).’’ Thus, for example, if reports and studies with no individual shall not be counted as a regular UI the state law authorized the use of just identifiers. claim. one of the three requirements, the state 13. Inviolate Rights to EUC08. Except b. Interstate Initial Claims. Interstate may only use that single requirement for as specifically provided in these EUC08 claims will be filed on the same EUC08 purposes. If the state law instructions, the rights of individuals to forms and in the same manner as all authorizes the use of two alternatives, EUC08 shall be protected in the same other interstate initial claims against the then the state may use the two manner and to the same extent as the liable state. Before accepting an initial alternatives and if the state law rights of persons to regular EUC08 claim, the agent or liable state, authorizes the use of all three compensation are protected under the whichever is taking the claim, must alternatives, then all three alternatives applicable state law. Such measures review the individual’s work history, may be used; and must include protection of claimants for examine potential entitlement and (2) Where otherwise inconsistent with EUC08 from waiver, release, advise the individual of all filing the provisions of the Act or with the assignment, pledge, encumbrance, levy, options. If the individual has sufficient operating instructions promulgated to execution, attachment, and employment and wages to establish a carry out the Act; and garnishment, of their rights to EUC08. In new benefit year under any state or (3) The maximum amount of EUC08 the same manner and to the same federal program, including the payable to any individual for whom a extent, individuals shall be protected combined wage arrangement, there is no EUC08 account is established under from discrimination and obstruction in eligibility under the EUC08 program. Section 4002 shall not exceed the regard to seeking, applying for and When an initial EUC08 claim is filed amount established in such account for receiving EUC08. through the agent state, the state will: such individual. (1) Complete an Initial Interstate 11. Record Maintenance and Disposal Processing Claims for EUC08 Claim, Form IB–1, check claim type of Records. The state will maintain 1. Applicability of State Law ‘‘other’’ and identify as EUC08; EUC08 claims and payment data Provisions. Under Section 4001(d)(2) of (2) Review the individual’s work (including data on eligibility, the Act, except where inconsistent with history and advise the individual of all disqualification and appeals) as the Act or with the operating filing options; and required by the Department. instructions promulgated to carry out (3) Transmit a TC–IB1 to the liable a. Record Maintenance. Each state the Act, all terms and conditions of the state. will maintain records on the state unemployment compensation law c. Intrastate and Interstate Weeks administration of the EUC08 program, applicable to claims for and payment of Claimed. Claims for payments of EUC08 and will make all such records available regular compensation, apply to claims for weeks of unemployment must be for inspection, examination, and audit for, and payment of, EUC08. The filed at the same times and in the same by such federal officials or employees as provisions of the applicable state law manner as claims for regular the Secretary or the Department may that apply to claims for EUC08 include compensation are filed under the designate or as may be required by the but are not limited to: applicable state law, and on forms or law. a. Claim Filing and Reporting; electronic filing procedures as furnished b. Disposal of Records. The b. Information to individuals, as to the individual by the state agency. electronic/paper records created in the appropriate; d. Combined Wage Claims (CWC). administration of the EUC08 program c. Notices to individuals and EUC08 is payable to individuals filing must be maintained by the state for 3 employers, as appropriate, including under the Interstate Arrangement for years after final action (including notice to each individual of each Combining Employment and Wages in appeals or court action) on the claim, or determination and redetermination of the same manner and to the same extent for less than the 3-year period if copied eligibility for or entitlement to EUC08; that benefits are payable to other by microphotocopy or by an electronic d. Determinations, redeterminations, intrastate or interstate claimants. imaging method. At the end of the 3 appeals, and hearings; Administrative, entitlement and year period, the EUC08 records are e. Disqualification, including eligibility requirements provided in transferred to state accountability under disqualifying income provisions; these instructions also apply to claims the conditions for the disposal of f. Ability to work and availability for filed under the CWC program, except records that apply to UCFE and UCX work, including legal authorization to where clearly inconsistent with records as explained in Chapter XXII of work in the United States; combined wage (and interstate, when ET Handbook No. 391 (1992 Edition) g. The Interstate Benefit Payment applicable) procedures, policies and and Chapter I, Page I–15, of ET Plan; and rules. Handbook No. 384 (1984 Edition). h. The Interstate Arrangement for When an EUC08 determination or 12. Disclosure of Information. Combining Employment and Wages. redetermination is issued on a CWC Information in records made and 2. Claims for EUC08. claim, no Report of Determination of maintained by the state agency in Note: In processing claims for EUC08, Combined-Wage Claim, TC–IB5, will be administering the Act must be kept although states will need to verify that issued to the transferring state. The confidential, and information in such claimants have no regular UI entitlement, paying state will not bill transferring

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states for EUC08. The paying state will f. Secretary’s Determination Standard. unemployment compensation law charge all EUC08 compensation paid on The procedures for making relating to fraud in connection with a CWC claims directly to the EUCA in determinations and redeterminations claim for unemployment compensation, accordance with the fiscal instructions and furnishing written notices of and provided in these instructions. determinations, redeterminations, and (2) Shall be subject to prosecution 3. Secretary’s Standard. The rights of appeal to individuals claiming under Section 1001 of Title 18, U.S.C. procedures for reporting and filing EUC08 must be consistent with the Applicable state law provisions claims for EUC08 must be consistent Secretary’s ‘‘Standard for Claim relating to disqualification for with these instructions and the Determinations—Separation fraudulently claiming or receiving a Secretary’s ‘‘Standard for Claim Filing, Information’’ (Employment Security payment of compensation shall apply to Claimant Reporting, Job Finding and Manual, Part V, sections 6010 et seq.). claims for and payment of EUC08. Employment Services’’ (Employment 5. Appeal and Hearing. When a state has sufficient facts to Security Manual, Part V, sections 5000 a. Applicable State Law. The make a prima facie case under 18 U.S.C. et seq.). applicable state law provisions 1001, the state must consider referral to 4. Determination of Entitlement: concerning the right of appeal and fair OIG for criminal prosecution in Notices to Individuals. hearing from a determination or accordance with the provisions of the a. Determination of Initial Claim. redetermination of entitlement to Memorandum of Understanding When an individual files an initial regular compensation shall apply to between the Department of Labor’s claim for EUC08, the state agency must determinations and redeterminations of Office of Inspector General and the determine promptly the eligibility of the eligibility for or entitlement to EUC08. Employment and Training individual and, if eligible, the weekly b. Rights of Appeal and Fair Hearing. Administration, which was transmitted and maximum amounts of EUC08 The right of appeal and opportunity for as an attachment to UIPL No. 29–05. payable. If denied EUC08, the a fair hearing to claims for EUC08 must States must pursue EUC08 fraud cases individual must be issued an appealable be consistent with these instructions in the same way all other state and determination. and with sections 303(a)(1) and federal claims are handled. b. Determination of Weekly Claims. 303(a)(3) of the Social Security Act b. Overpayments. Under Section The state agency must promptly, upon (SSA) (42 U.S.C. 503(a)(1) and 4005(b) of the Act, each state must the filing of a claim for a payment of 503(a)(3)). require repayment from individuals EUC08 for a week of unemployment, c. Promptness of Appeals Decisions. who have received any overpayment of determine whether the individual is (1) Decisions on appeals under the EUC08 (whether fraudulent or non- entitled to a payment of EUC08 for such EUC08 Program must accord with the fraudulent), unless the state, under the week, and, if entitled, the amount of ‘‘Standard for Appeals Promptness— optional language of Section 4005(b), EUC08 to which the individual is Unemployment Compensation’’ in 20 elects to waive recovery. The option to entitled to and issue a prompt payment. CFR Part 650. waive recovery applies only to non- c. Redetermination. An individual (2) Any applicable state law provision fraudulent overpayments. filing an EUC08 initial claim or weekly allowing the advancement or priority of certification has the same rights to unemployment compensation cases on (1) Application of State Waiver request a reconsideration of a judicial calendars, or otherwise Provision. If the state has a state law determination as are provided for in the intended to provide for the prompt waiver provision for regular applicable state law for regular payment of unemployment compensation, the state provision may compensation. compensation when due, must apply to be applied to non-fraudulent EUC08 d. Notices to Individual. The state proceedings involving entitlement to overpayments if the provision requires agency must give written notice to the EUC08. the state to determine that: individual of any determination or 6. Fraud and Overpayment, Section (A) The payment of such EUC08 was redetermination of an initial claim and 4005 of the Act. The Act contains without fault on the part of the all weekly claims. Each notice must specific provisions regarding fraud and individual, and include such information regarding overpayments of EUC08. Applicable (B) Such repayment would be rights to reconsideration or appeal, or state law provisions regarding the contrary to equity and good conscience. both, using the same process that is detection and prevention of fraudulent In making these determinations, the used for redeterminations of regular overpayments of EUC08 must be, as a state must apply the same standards as compensation. The state agency must minimum, the same as those applied by are applied in making such also provide the following notice to all the state for regular compensation and determinations with respect to the claimants filing an initial claim for must be consistent with the Secretary’s waiver of overpayments of regular EUC08: ‘‘Standard for Fraud and Overpayment compensation. Detection’’ (Employment Security (2) Optional EUC08 Waiver. Under Notice Manual, Part V, Sections 7510 et seq.). Section 4005(c) of the Act, any state that Under 18 U.S.C. 1001, knowingly and a. Fraudulent Claiming of EUC08. does not have a state waiver provision willfully concealing a material fact by Section 4005(a) of the Act provides for or does not have a state waiver any trick, scheme, or device or penalties for filing a fraudulent claim provision that meets both the ‘‘fault’’ knowingly making a false statement in for EUC08. Specifically, if the and ‘‘equity and good conscience’’ connection with this claim is a Federal individual knowingly makes or causes requirements stated in paragraph (1) Offence, punishable by a fine or to be made by another, a false statement above may adopt this optional EUC08 imprisonment for not more than five or fails to disclose or causes another to waiver. If the state elects to implement years, or both, under Title 18 of the fail to disclose a material fact that the optional EUC08 waiver, it may not United States Code. would cause an overpayment of EUC08 do so until it has issued agency e. Promptness. Full payment of benefits, the individual: operating instructions for staff to follow. EUC08 when due must be made with (1) Shall be ineligible for further (A) The state may waive recovery of the greatest promptness that is EUC08 in accordance with the a non-fraudulent EUC08 overpayment if administratively feasible. provisions of the applicable state it determines that:

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i. The payment of such EUC08 was individual was not entitled, recover the to offset state compensation without fault on the part of the overpayment by deductions from any overpayments for other states that also individual, and sums payable to the individual under have both agreements in effect. ii. Such repayment would be contrary any state or Federal UC law If the other state does not have an to equity and good conscience. administered by the state or any other agreement with the Secretary under (B) In determining whether fault Federal law administered by the state Section 303(g)(2), SSA, EUC08 benefits exists, the following factors must be which provides for the payment of any may only be used to offset considered: assistance or an allowance with respect overpayments of Federal benefits for the i. Was a material statement or to unemployment. Such recoveries may other state. representation made by the individual only be made as described in (F) and (G) Financial Information and Instructions in connection with the application for below. EUC08 resulting in the overpayment, (B) To the extent permitted under 1. Payment to States. and did the individual know, or should state law, an EUC08 overpayment may a. Requesting EUC08 Benefit Funds. the individual have known, that the be recovered by offset, except that: Under Section 4003 of the Act, each statement or representation was i. No single offset may exceed 50 state that has entered into an agreement inaccurate? percent of the amount otherwise to pay EUC08 will be paid an amount ii. Did the individual fail, or cause payable to the individual for the week; equal to l00 percent of the amount of another to fail, to disclose a material fact and EUC08 paid to individuals by the state in connection with an application for ii. Any offset of compensation payable under the agreement and in full EUC08 resulting in the overpayment, is limited to the three-year period accordance with the Act and these and did the individual know or should following the date that the claimant instructions. States will request funds the individual have known that the fact received the improper payment(s). from the Emergency Unemployment was material? (C) At the end of the three-year Compensation Account (EUCA) to pay iii. Did the individual know, or would period, the state may remove the all EUC08 benefits attributable to all s/he have been expected to know, that overpayment from its accounting claim types (UI, UCFE, and UCX). All s/he was not entitled to the EUC08 records. Although no further active requests will go through the Automated payment? collection efforts by the state are Standard Application for Payments iv. Did the overpayment result required, the state must maintain an (ASAP) system. Drawdown requests directly or indirectly, and partially or administrative record during the must adhere to the funding mechanism totally, from any act or omission of the subsequent three-year period to provide stipulated in the Treasury-State individual and which was erroneous, for possible collection. After the Agreement executed under the Cash inaccurate or otherwise wrong and the subsequent three-year period (a total of Management Improvement Act of 1990. individual knew or could have been six years from the date the claimant Requests will be funded in the same expected to know that the act or received the improper payment(s)), the manner as all ASAP transactions elected omission was erroneous or inaccurate or state may dispose of the overpayment by the states (FEDWIRE or ACH to the otherwise wrong? record. state benefit payment account). (C) In determining whether equity and (D) EUC08 overpayment recovery There will be one new line in the good conscience exists, the following shall be enforced by any action or ASAP for making drawdowns to pay factors must be considered: proceeding which may be brought under EUC08 benefits, refer to #3 below for i. Was the overpayment the result of state or Federal law, unless recovery of drawdown instructions. The line will be a decision on appeal? the overpayment is waived or clearly labeled EMERGENCY UNEMP ii. Had the state agency given notice prohibited in accordance with the Act COMP (EUC08). The Bureau of Public to the individual that the individual and the instructions in this section. Debt, managers of the Unemployment may be required to repay the benefit (E) Overpayments of EUC08 recovered Trust Fund (UTF), will immediately payment in the event of a reversal of the in any manner must be deposited into inform state users of the ASAP of any eligibility determination on appeal? the fund from which payment was modifications to screens or drawdown iii. Will recovery of the overpayment made. instructions. EUC08 benefits paid to cause financial hardship to the (F) If a state has an agreement in effect former employees of state and local individual? with the Secretary to implement the governments, former Federal employees (3) Recovery of Overpayments, cross-program offset provisions of and former service members, Section 4005(c) of the Act. The Act Section 303(g)(2) of the SSA, EUC08 ‘‘501(c)(3)’’ nonprofit organizations and requires that no repayment of an EUC08 payments shall be used to offset state federally recognized Indian tribes are overpayment may be required, and no compensation overpayments, and state funded from U.S. Treasury general deduction may be made, until a compensation payments shall be used to revenues through the EUCA. This does determination has been issued and an offset EUC08 overpayments. not affect the process for requesting opportunity for a fair hearing has been If the state does not have an funds, but does affect the reporting of given to the individual concerned, and agreement with the Secretary under those benefits on the ETA 2112. States the determination has become final. Section 303(g)(2), SSA, the state may are to report all EUC08 payments, When the determination requiring not use EUC08 to offset a state including reimbursable, UCFE/X on line repayment is issued, the state shall compensation overpayment, but may 39, column F. (Note that it does not restore the full amount of the under Section 303(g)(1), SSA, offset matter whether these employers have recoverable overpayment to the state compensation payments to recover elected reimbursement status.) See individual’s EUC08 available account EUC08 overpayments. Reporting Instructions, Paragraph 2.f for balance. (G) If a state has the cross-program details. (A) Unless an EUC08 overpayment is offset agreement and an Interstate b. EUC08 Administrative Funds. recovered, or is waived, the state may, Reciprocal Overpayment Recovery Section 4004(c) of the Act appropriates during the three-year period after the Arrangement in effect with the National funds from the Employment Security date the individual received the Association of State Workforce Administration Account (ESAA) in the payment of EUC08 to which the Agencies, EUC08 payments may be used UTF, to pay costs related to the

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administration of the EUC08 agreement. provided by states to Federal agencies e. ETA 5159. For Section A, Claims Section 4004(c) also authorizes the must exclude EUC08. Activities, report initial claims Secretary to determine the amount to be 3. Processing Refunds. There are two information for columns 2 through 5 paid to states for processing EUC08 scenarios for returning funds to the and column 7 for lines 101 through 103. workloads. States will receive EUC08 program line for EUC08. Report eligibility reviews and continued administrative funds through the a. The most likely scenario will be weeks claimed activity for columns 8 contingency entitlement process. See when the state has funds in its state through 12 for lines 201 through 203. Reporting Instructions, Paragraph 2.h. benefit payment account and needs to The claims information needed for The supplemental budget request return those funds to the EUCA. This column 11 for lines 201 through 203 process will be used for states to request should be completed as a negative will be identified as entitlement type funds for implementation. amount posted to the appropriate line in ‘‘code 2’’ (Federal Benefit Extension) in 2. EUC08 Accounting. ASAP. To accomplish this, the total field number 28 on the Interstate Liable- a. Obligational Authority. The Grant draw for the day in ASAP must be Agent Data Transactions (LADT). For Officer will assign a separate line on the greater than the negative balance posted Section B, Payment Activities, report UI program notices of obligational to the appropriate line. columns 14, 15, 17, 18, and 19 for lines authority for EUC08 administrative b. The second scenario is when a state 301 through 302 and columns 21 and grant funds, and a separate sub-account actually has the funds in its Federal UI columns 24 through 28 for line 303. for EUC08 will be set up in the Payment account that are required to be returned (1) First Payments. Report the first Management System for states to draw to the appropriate program line. This payment under EUC08 program. down EUC08 administrative funds. should be accomplished by the state (2) Final Payments. A final payment b. Administrative Fund Accounting. processing a book transfer transaction is to be reported when a payment is Because of the separate appropriation that accomplishes a transfer from its UI issued that exhausts the benefit for EUC08 administrative funds and the account to the appropriate program entitlement in the individual’s EUC08 availability of these funds until under the EUCA account. account. expended, states must track and report f. ETA 2112. Regular activity must be Reporting Instructions EUC08 administrative expenditures and reported in the aggregate on the obligations separately from the regular 1. General. The EUC08 program electronic regular ETA 2112 report as UI program. Therefore, states must reports, ETA 207, ETA 218, ETA 227, usual. Information reflecting EUC08 establish a separate fund ledger and ETA 5130 and ETA 5159 must be activity must be reported as follows: must submit a separate ETA 9130 for the submitted electronically by using (1) Line 16. Intra-Account Transfer. EUC08 program. States are to include separate EUC08 entry screens that are Include in line 16F the amount of any EUC08 administrative expenditures available through the UI Required EUC08 funds transferred from the UTF and obligations incurred in June 2008 in Reports electronic reporting system. to the state benefit payment account. their September 30, 2008, EUC08 ETA EUC08 activity should also be reported Line 16F must equal Line 47E. 9130 report. on the ETA 2112, ETA 539 and UI–3 as (2) Line 23. Federal Extended c. Time Distribution. To ensure that specified below in section 2. Unless Compensation. Enter in columns C and regular UI and EUC08 costs are tracked otherwise noted, definitions of items E the amount of Federal funds received separately, states need to charge time will follow definitions in the regular as advances or reimbursement for used for all EUC08 activities to the program as specified in ETA Handbook EUC08. appropriate UI functional activity codes 401, 4th Edition. Due dates will be the (3) Lines 33, 34, 35. Enter total as outlined in Appendix E to ET same as the regular versions of reports. benefits paid, attributable to state and Handbook No. 410 under the separate Reporting will begin with the first local governments, section 501(c)(3) EUC08 fund ledger; however, states reporting period in which the effective nonprofits, and federally recognized should combine regular and EUC08 staff date of the EUC08 program falls. Indian tribes, as appropriate, on the year usage data in Section A of the UI– Reporting for all reports except the ETA appropriate line for the type of 3 worksheet. 2112 will continue for twelve full employer, excluding EUC08 benefits. d. Accounting for EUC08 Payments months or four full quarters after the last (4) Line 36. UCX Net Payments. Enter (Benefits). payable week of the EUC08 program. in columns C and F the net Federal (1) EUC08 advances to the states’ UTF For those reporting periods in this post- portion of unemployment compensation accounts and disbursements for EUC08 EUC08 time frame, only reports with paid to former members of the armed benefit payments will be reported on the non-zero data need be submitted. services, excluding EUC08. The total monthly ETA 2112. Do not use a Reporting on the ETA 2112 must payments should be adjusted for separate form for this report. (See continue for as long as there is activity. refunds deposited during the month, Reporting Instructions.) Accurate 2. Data Items to be Reported. credits and recharges, and cancellations reporting of advances, reimbursements a. ETA 207. Report column 1, Total and reissuances. and payments is important due to the Determinations and Redeterminations, (5) Line 39. EUC08 Activity. Enter in monthly reconciliation of balances with for lines 101 through 106. Report also columns C and F the net amount for Department of Labor records. lines 201 and 202, columns 7 through which the Federal government is liable (2) Since EUC08 paid to UCFE and 10; and lines 301 and 302, columns 11, for EUC08, including for UCFE and UCX UCX claimants will be funded out of 12, 14, and 17. claimants. Break out all disbursements General Revenues, the Federal b. ETA 218. Report line 100, columns by program in the ‘‘Comments’’ section Employees Compensation (FEC) 1 through 3. as follows: Account will not be used to pay EUC08 c. ETA 227. Report Section A, (A) FUTA Funded—EUC08 benefits benefits. Therefore, Federal agencies Overpayments Established, lines 101 based on services for employers, except will not be required to reimburse the and 103, for columns 2 through 5. Also those listed in (B). For example, FUTA Unemployment Trust Fund for EUC08 report all of Section C, Recovery/ = $XXX. paid to ex-Federal civilian and military Reconciliation, excluding lines 303– (B) General Revenues (GR) Funded— employees. The ETA 191 report and 307, columns 11–14. EUC08 benefits paid based on services UCFE/UCX detailed claimant data d. ETA 5130. Report all data elements. performed for the Federal government

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(UCFE and UCX), state and local i. Benefit Accuracy Measurement agreements at 29 CFR Parts 31, 32, 37, government (contributory and non- (BAM). All paid and denied EUC08 96, 97, 98, and 99. Allowable costs shall contributory), section 501(c)(3) non- claims will be excluded from the BAM be determined in accordance with the profit employers (contributory or non- Paid Claims Accuracy (PCA) and Denied Office of Management and Budget contributory employers to which Claims Accuracy (DCA) sampling Circular A–87 (Revised). Section 3309(a)(1) of the Internal frames. This is consistent with the Õ ≈ Prohibition on Subsidization of Revenue Code applies), and federally policy followed for previous temporary Forced or Indentured Child Labor. recognized Indian Tribes (contributory programs. Per the instructions in ET States, consistent with Section 103 of or non-contributory). For example, GR = Handbook 395, chapter III, the State UI the General Provisions of the $YYY. Transactions File, Program Type (Data Department of Labor Appropriation Act, (6) Line 42. Federal Emergency Element 11) must be coded ‘‘8’’ (Other) 2008, and in accordance with Executive Compensation. Enter in columns C and and Unemployment Duration Code Order No. 13126, must not obligate or F the net Federal Emergency (Data Element 12) must be coded ‘‘5’’ expend funds made available to Compensation paid for which the (Other federal extended benefits administer EUC08 for the procurement Federal government is liable. Examples program). of goods mined, produced, are past emergency or supplemental If an EUC08 claim is selected for any manufactured, or harvested or services benefits programs authorized and PCA or DCA sample because it was not rendered, whole or in part, by forced or financed entirely by the Federal properly coded in the State UI indentured child labor in industries and government during periods of high Transactions File, it must be coded ‘‘8’’ host countries already identified by the unemployment, such as SUA—Special in PCA data element c1 (Program Code) United States Department of Labor prior Unemployment Assistance, FSB— or DCA data element 22 (Program Code). to enactment of the Department’s 2008 Federal Supplemental Benefits, or These cases will not be investigated by appropriation. ≈ FSC—Federal Supplemental BAM, and the BAM supervisor will not S Salary and Bonus Pay Compensation programs. (Note that sign-off on these cases. Limitations: States, in compliance with payments under the Emergency Denied State UI, UCFE, or UCX claims Section 103 of the General Provisions of Unemployment Compensation of 1991 filed for the sole purpose of establishing the Department of Labor Appropriation and the Temporary Extended eligibility for EUC08 should be Act, 2008, must not use funds provided Unemployment Compensation Act of considered ‘‘pro-forma’’ claims. These for EUC08 administration to pay the 2002 will continue to be reported on cases will be deleted from the sample salary and bonuses of an individual, lines 40 and 41, respectively.) Identify and will be coded ‘‘9’’ in PCA data either as direct costs or indirect costs, at the payment by program and amount in element c1 (Program Code) or DCA data a rate in excess of Executive Level II, the ‘‘comments’’ section. Report all element 22 (Program Code) using the except as provided for under section benefits paid, including the amounts Delete Cases application in the BAM 101 of Public Law 109–149. This transferred to the IRS for federal income Supervisor Case Management menu. limitation shall not apply to vendors tax withholding, regardless of whether These cases will not be investigated by providing goods and services as defined paid from the state account in the UTF BAM, and the BAM supervisor will not in OMB Circular No. A–133. Where or the state benefit payment account. sign-off on these cases. states are recipients of such funds, states (7) Line 46. UCFE Net Payments. Because EUC08 and pro-forma UI, may establish a lower limit for salaries Enter in columns C and F the net UCFE, and UCX cases will be excluded and bonuses of those receiving salaries Federal portion of unemployment from the BAM PCA and DCA samples, and bonuses from subrecipients of such compensation paid to former Federal BAM must sample additional cases in funds, taking into account factors civilian (including postal) employees, subsequent batches to compensate for including the relative cost-of-living in excluding EUC08. The total payments the number of excluded PCA and DCA the state, the compensation levels for comparable state or local government should be adjusted for refunds EUC08 and pro-forma cases. deposited during the month, credits and 3. OMB Approval. These instructions employees, and the size of the recharges, and cancellations and have been submitted to the Office of organizations that administer Federal reissuances. Management and Budget (OMB), but programs involved including (8) Line 50. Withholding. States are to Employment and Training have not yet been approved. Therefore, report gross benefits in column F Administration programs. See TEGL they should be considered draft regardless of whether amounts of number 5–06 for further clarification. instructions of proposed data withholding transferred to the IRS go The incurrence of costs and receiving collections. ETA will notify states upon through the state benefit payment reimbursement for these costs under OMB approval and communicate any account. See ETA Handbook 401, 3rd this award certifies that the Grantee has changes deemed necessary during the Edition, for specific instructions. read the above special condition and is OMB approval process. g. ETA 539. Total weeks claimed for in compliance. regular UC, UCFE, and UCX under the Attachment B—General Provisions for ∞≈ Veterans’ Priority Provisions: EUC08 program for the report period Administering EUC08 This program, funded by the U.S. will be reported in the comments Department of Labor, is subject to the section and labeled as ‘‘EUC08’’ Certifications and Assurances provisions of the ‘‘Jobs for Veterans followed by the number. For example: Í ≈ Compliance with Federal Act’’ (JVA), Public Law 107–288 (38 ‘‘EUC08=239’’. (The agent weeks Requirements. States must comply with U.S.C. 4215). The JVA provides priority claimed information needed for this the provisions contained in the states’ of service to veterans and spouses of report will be obtained from the LADT Agreements with the Department to certain veterans for the receipt of identified in field 28 as ‘‘code 2’’, administer EUC08 and with all employment, training, and placement Federal Benefit Extension.) applicable EUC08 funding instruments. services. Please note that, to obtain h. UI–3 Worksheet. Report EUC08 States must perform such duties and priority service, a veteran must meet the claims activity/workload activity functions in accordance with the program’s eligibility requirements. electronically on the lines for third tier Department’s administrative Training and Employment Guidance programs on the regular UI–3 report. requirements for grants and cooperative Letter (TEGL) No. 5–03 (September 16,

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2003) provided general guidance on the Attachment C—Title IV—Emergency (2) The terms and conditions of the scope of the veterans priority statute Unemployment Compensation State law which apply to claims for regular compensation and to the and its effect on current employment Title IV—Emergency Unemployment payment thereof shall apply to claims and training programs. In addition to Compensation TEGL No. 5–03, a series of questions for emergency unemployment and answers related to priority of Federal-State Agreements compensation and the payment thereof, service is posted at http:// SEC. 4001. (a) In General.—Any State except— www.doleta.gov/programs/VETs for which desires to do so may enter into (A) That an individual shall not be fifteen (15) programs administered by and participate in an agreement under eligible for emergency unemployment ETA. As made applicable by TEGL 13– this title with the Secretary of Labor (in compensation under this title unless, in 06, the Department of Labor Planning this title referred to as the ‘‘Secretary’’). the base period with respect to which Guidance on the Workforce Investment Any State which is a party to an the individual exhausted all rights to Act (WIA) of 1998 and the Wagner- agreement under this title may, upon regular compensation under the State Peyser Act (70 FR 19206 (Apr. 12, providing 30 days’ written notice to the law, the individual had 20 weeks of full- 2005)) and the revised Unified Planning Secretary, terminate such agreement. time insured employment or the Guidance (70 FR 19222 (April 12, 2005)) (b) Provisions of Agreement.—Any equivalent in insured wages, as require states to describe the policies agreement under subsection (a) shall determined under the provisions of the and strategies in place to ensure, provide that the State agency of the State law implementing section pursuant to the JVA, that priority of State will make payments of emergency 202(a)(5) of the Federal-State Extended service is provided to veterans (and unemployment compensation to Unemployment Compensation Act of certain spouses) who otherwise meet the individuals who— 1970 (26 U.S.C. 3304 note); and eligibility requirements for all (1) Have exhausted all rights to (B) Where otherwise inconsistent with employment and training programs regular compensation under the State the provisions of this title or with the funded by the U.S. Department of Labor law or under Federal law with respect regulations or operating instructions of and administered by ETA. In addition, to a benefit year (excluding any benefit the Secretary promulgated to carry out the states were required to provide year that ended before May 1, 2007); this title; and assurances that they will comply with (2) Have no rights to regular (3) The maximum amount of the Veterans’ Priority Provisions compensation or extended emergency unemployment established by the JVA. States must compensation with respect to a week compensation payable to any individual adhere to JVP requirements, as under such law or any other State for whom an emergency unemployment interpreted by the Department, in unemployment compensation law or to compensation account is established administering EUC08. compensation under any other Federal under section 4002 shall not exceed the law (except as provided under ™ ≈ Certifications and Assurances. amount established in such account for subsection (e)); and such individual. In administering EUC08, states must (3) Are not receiving compensation (e) Election by States.— fully comply with the following State with respect to such week under the Notwithstanding any other provision of Quality Service Plan (SQSP) assurances, unemployment compensation law of Federal law (and if State law permits), with two ‘‘exceptions/revisions’’ and Canada. one ‘‘expansion’’ annotated below. (c) Exhaustion of Benefits.—For the Governor of a State that is in an These SQSP assurances are detailed in purposes of subsection (b)(1), an extended benefit period may provide for Chapter 1, Part VII of the individual shall be deemed to have the payment of emergency ‘‘Unemployment Insurance State exhausted such individual’s rights to unemployment compensation prior to Quality Service Plan (SQSP) Planning regular compensation under a State law extended compensation to individuals and Reporting Guidelines,’’ ET when— who otherwise meet the requirements of Handbook No. 336 (18th Edition). (1) No payments of regular this section. (f) Unauthorized Aliens Ineligible.—A A. Assurance of Equal Opportunity (EO). compensation can be made under such law because such individual has State shall require as a condition of B. Assurance of Administrative eligibility for emergency unemployment Requirements and Allowable Cost Standards. received all regular compensation compensation under this Act that each C. Assurance of Management Systems, available to such individual based on alien who receives such compensation Reporting, and Recordkeeping. employment or wages during such must be legally authorized to work in D. Assurance of Program Quality. individual’s base period; or the United States, as defined for E. Assurance on Use of Unobligated Funds. (2) Such individual’s rights to such F. Assurance of Prohibition of Lobbying compensation have been terminated by purposes of the Federal Unemployment Costs (29 CFR Part 93). reason of the expiration of the benefit Tax Act (26 U.S.C. 3301 et seq.). In G. Drug-Free Workplace (29 CFR Part 98). year with respect to which such rights determining whether an alien meets the H. Assurance of Disaster Recovery existed. requirements of this subsection, a State Capability. (d) Weekly Benefit Amount, etc.—For must follow the procedures provided in I. Assurance of Conformity and purposes of any agreement under this section 1137(d) of the Social Security Compliance. title— Act (42 U.S.C. 1320b–7(d)). (1) The amount of emergency J. Assurance of Automated Information Emergency Unemployment unemployment compensation which Systems Security. Compensation Account K. Assurance of Confidentiality. shall be payable to any individual for any week of total unemployment shall SEC. 4002. (a) In General.—Any Additionally, the Office of be equal to the amount of the regular agreement under this title shall provide Management and Budget (OMB), SF 424 compensation (including dependents’ that the State will establish, for each B Assurances—Non-Construction allowances) payable to such individual eligible individual who files an Programs, signed and submitted by each during such individual’s benefit year application for emergency state with the SQSP annual submission, under the State law for a week of total unemployment compensation, an also apply. unemployment; emergency unemployment

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compensation account with respect to Financing Provisions nondisclosure such individual has such individual’s benefit year. SEC. 4004. (a) In General.—Funds in received an amount of emergency (b) Amount In Account.— the extended unemployment unemployment compensation under (1) In General.—The amount this title to which such individual was established in an account under compensation account (as established by section 905(a) of the Social Security not entitled, such individual— subsection (a) shall be equal to the (1) Shall be ineligible for further Act (42 U.S.C. 1105(a)) of the lesser of— emergency unemployment Unemployment Trust Fund (as (A) 50 percent of the total amount of compensation under this title in established by section 904(a) of such regular compensation (including accordance with the provisions of the Act (42 U.S.C. 1104(a)) shall be used for dependents’ allowances) payable to the applicable State unemployment the making of payments to States having individual during the individual’s compensation law relating to fraud in agreements entered into under this title. benefit year under such law, or connection with a claim for (b) Certification.—The Secretary shall (B) 13 times the individual’s average unemployment compensation; and weekly benefit amount for the benefit from time to time certify to the Secretary (2) Shall be subject to prosecution year. of the Treasury for payment to each under section 1001 of title 18, United (2) Weekly Benefit Amount.—For State the sums payable to such State States Code. purposes of this subsection, an under this title. The Secretary of the (b) Repayment.—In the case of individual’s weekly benefit amount for Treasury, prior to audit or settlement by individuals who have received amounts any week is the amount of regular the Government Accountability Office, of emergency unemployment compensation (including dependents’ shall make payments to the State in compensation under this title to which allowances) under the State law payable accordance with such certification, by they were not entitled, the State shall to such individual for such week for transfers from the extended require such individuals to repay the total unemployment. unemployment compensation account amounts of such emergency (as so established) to the account of Payments to States Having Agreements unemployment compensation to the such State in the Unemployment Trust State agency, except that the State for the Payment of Emergency Fund (as so established). Unemployment Compensation agency may waive such repayment if it (c) Assistance to States.—There are determines that— SEC. 4003. (a) General Rule.—There appropriated out of the employment (1) The payment of such emergency shall be paid to each State that has security administration account (as unemployment compensation was entered into an agreement under this established by section 901(a) of the without fault on the part of any such title an amount equal to 100 percent of Social Security Act (42 U.S.C. 1101(a)) individual; and the emergency unemployment of the Unemployment Trust Fund, (2) Such repayment would be contrary compensation paid to individuals by the without fiscal year limitation, such to equity and good conscience. State pursuant to such agreement. funds as may be necessary for purposes (c) Recovery by State Agency.— (b) Treatment of Reimbursable of assisting States (as provided in title (1) In General.—The State agency may Compensation.—No payment shall be III of the Social Security Act (42 U.S.C. recover the amount to be repaid, or any made to any State under this section in 501 et seq.)) in meeting the costs of part thereof, by deductions from any respect of any compensation to the administration of agreements under this emergency unemployment extent the State is entitled to title. compensation payable to such reimbursement in respect of such (d) Appropriations for Certain individual under this title or from any compensation under the provisions of Payments.—There are appropriated unemployment compensation payable any Federal law other than this title or from the general fund of the Treasury, to such individual under any State or chapter 85 of title 5, United States Code. without fiscal year limitation, to the Federal unemployment compensation A State shall not be entitled to any extended unemployment compensation law administered by the State agency or reimbursement under such chapter 85 account (as so established) of the under any other State or Federal law in respect of any compensation to the Unemployment Trust Fund (as so administered by the State agency which extent the State is entitled to established) such sums as the Secretary provides for the payment of any reimbursement under this title in estimates to be necessary to make the assistance or allowance with respect to respect of such compensation. payments under this section in respect any week of unemployment, during the (c) Determination of Amount.—Sums of— 3-year period after the date such payable to any State by reason of such (1) Compensation payable under individuals received the payment of the State having an agreement under this chapter 85 of title 5, United States Code; emergency unemployment title shall be payable, either in advance and compensation to which they were not or by way of reimbursement (as may be (2) Compensation payable on the basis entitled, except that no single deduction determined by the Secretary), in such of services to which section 3309(a)(1) may exceed 50 percent of the weekly amounts as the Secretary estimates the of the Internal Revenue Code of 1986 benefit amount from which such State will be entitled to receive under applies. Amounts appropriated deduction is made. this title for each calendar month, pursuant to the preceding sentence shall (2) Opportunity for Hearing.—No reduced or increased, as the case may not be required to be repaid. repayment shall be required, and no be, by any amount by which the deduction shall be made, until a Fraud and Overpayments Secretary finds that the Secretary’s determination has been made, notice estimates for any prior calendar month SEC. 4005. (a) In General.—If an thereof and an opportunity for a fair were greater or less than the amounts individual knowingly has made, or hearing has been given to the which should have been paid to the caused to be made by another, a false individual, and the determination has State. Such estimates may be made on statement or representation of a material become final. the basis of such statistical, sampling, or fact, or knowingly has failed, or caused (d) Review.—Any determination by a other method as may be agreed upon by another to fail, to disclose a material State agency under this section shall be the Secretary and the State agency of the fact, and as a result of such false subject to review in the same manner State involved. statement or representation or of such and to the same extent as

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determinations under the State compensation shall continue to be 3. Background. The EUC08 program unemployment compensation law, and payable to such individual from such became effective in most states during only in that manner and to that extent. amounts for any week beginning after the week beginning July 6, 2008 (week such last day for which the individual Definitions beginning July 7th in New York). The meets the eligibility requirements of this program provides up to 13 weeks of 100 SEC. 4006. In this title, the terms title. percent federally-funded compensation ‘‘compensation’’, ‘‘regular (2) Limit on Compensation.—No to eligible individuals. compensation’’, ‘‘extended compensation shall be payable by 4. Correction to End Date for EUC08 compensation’’, ‘‘benefit year’’, ‘‘base reason of paragraph (1) for any week Payments and to ‘‘Expiration Date’’ of period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State beginning after June 30, 2009. UIPL 23–08. The legislation provides law’’, and ‘‘week’’ have the respective Advisory: Unemployment Insurance that no EUC08 is payable for weeks meanings given such terms under Program Letter No. 23–08, Change 1. section 205 of the Federal-State To: State Workforce Agencies. ‘‘beginning after June 30, 2009.’’ In most Extended Unemployment Compensation From: Brent R. Orrell, Deputy states, where benefit weeks end on Act of 1970 (26 U.S.C. 3304 note). Assistant Secretary. Saturdays, the practical effect is that the week ending July 4, 2009, is the last Applicability Subject: Emergency Unemployment Compensation, 2008—Questions and week for which benefits can be paid. SEC. 4007. (a) In General—Except as Answers. UIPL No. 23–08 stated incorrectly that provided in subsection (b), an the week-ending June 27, 2009, was the 1. Purpose. To respond to questions agreement entered into under this title final week for which benefits could be regarding the Emergency shall apply to weeks of paid. In addition, the ‘‘Expiration Date’’ unemployment— Unemployment Compensation, 2008 (EUC08) program (included as for UIPL No. 23–08 is changed to read (1) Beginning after the date on which ‘‘Continuing.’’ such agreement is entered into; and Attachment A to this UIPL); to correct (2) Ending on or before March 31, the ending date(s) during which an 5. Action. State Administrators are 2009. individual may receive a final payment requested to provide this guidance to (b) Transition for Amount Remaining for EUC08 during the phase-out period appropriate staff. in Account.— of the program; and to change the 6. Attachment. Emergency (1) In General.—Subject to paragraph expiration date of Unemployment Unemployment Compensation, 2008— (2), in the case of an individual who has Insurance Program Letter (UIPL) No. 23– Questions and Answers amounts remaining in an account 08 to ‘‘continuing.’’ established under section 4002 as of the 2. References. UIPL 23–08; Emergency Unemployment last day of the last week (as determined Supplemental Appropriations Act, 2008 Compensation, 2008 in accordance with the applicable State (Act), Title IV—Emergency Questions and Answers law) ending on or before March 31, Unemployment Compensation, Public 2009, emergency unemployment Law 110–252. Table of Contents

A. Claims Processing for EUC08 ...... p. 2 B. Individuals Potentially Eligible for EUC08 ...... p. 3 C. Applicable Benefit Year for EUC08 Purposes ...... p. 3 D. Monetary Eligibility ...... p. 4 E. Requalifying Requirements for Successive Benefit Years (‘‘Double Dip’’) Provisions ...... p. 6 F. Base Period Employment Requirement ...... p. 6 G. Seasonal Provisions/Between Terms Denial ...... p. 7 H. Work Search/Job Service Registration Requirements ...... p. 8 I. Non-Monetary Issues ...... p. 8 J. EUC08 Benefit Intercept ...... p. 9 K. Overpayments ...... p. 9 L. Short-Time Compensation (STC) Program ...... p. 10 M. Extensions for Approved Training ...... p. 11 N. Self-Employment Assistance ...... p. 11 O. EUC08 Effect on Trade Readjustment Allowances (TRA) ...... p. 11 P. Interstate Benefits/Combined Wage Claims (CWC) ...... p. 12 Q. Claims Filed by Aliens ...... p. 12 R. Application of Worker Profiling and Reemployment Services (WPRS) ...... p. 13 S. EUC08 Relation to Extended Benefits ...... p. 13

A. Claims Processing for EUC08 Õ ≈ Question: If an individual is in S ≈ Question: May a state backdate continued claim status on a regular UC an EUC08 claim if an individual files a ≈ Í Question: What is the earliest claim when s/he exhausts UC, may the late claim and requests backdating? effective date for EUC08 claims, and claim be automatically switched to an Answer: Section 4001(d)(2) of the Act what is the first week payable? EUC08 claim without an EUC08 initial provides that state law will apply; the Answer: In most states, where the claim? state must follow its own week of unemployment begins on Answer: No. An EUC08 initial claim unemployment compensation (UC) law Sunday, the earliest effective date for a must be filed that meets the state’s with respect to backdating of an EUC08 claim is July 6, 2008. In these states, the requirements for claim filing. (See claim. first week for which EUC08 may be paid Attachment A to UIPL No. 23–08; page ∞≈ Question: If state law requires a is the week ending July 12, 2008. A–8, #2, Claims for EUC08). request for redetermination before

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appeal of a monetary determination, is 23–08, page A–1 Definitions—#4 and a balance, what impact does it have on state law followed for EUC08 monetary page A–3, #1(b), Determining the EUC08 WBA and MBA? appeals? Exhaustees. Answer: The increase will affect the Answer: Yes. Section 4001(d)(2) of the calculation of the EUC08 WBA and Act provides that the provisions of state C. Applicable Benefit Year for EUC08 MBA if it increases the claimant’s WBA law will apply regarding EUC08 claim Purposes for regular compensation for the re-determinations and appeals. Í ≈ Question: May an individual applicable benefit year. The individual’s ™ ≈ Question: Section 4007(a)(2) of choose the benefit year under which an EUC08 WBA is the most recent WBA of the Act provides that EUC08 shall apply EUC08 claim will be filed? For example, regular compensation for the applicable to weeks of unemployment ending on or the individual has two different benefit benefit year. The individual’s EUC08 before March 31, 2009. How does this years that ended on or after May 1, MBA is also affected by the WBA apply to weeks of unemployment that 2007, or the individual has one benefit increase for regular compensation are not a calendar week, for example, year that ended on or after May 1, 2007 because the EUC08 MBA is the lesser of the seven day period of March 25– and another benefit year that has not 50 percent of the total regular UC for the March 31, 2009? ended but all UC benefits have been benefit year (which would be increased Answer: Where state laws permit exhausted? by the WBA increase) or 13 times the ‘‘flexible weeks’’ of unemployment that Answer: No. The applicable benefit average WBA paid during the benefit follow, for example, an employer’s year is the most recent benefit year. (See year (which also would be increased by payroll week structure, weeks ending on Attachment A to UIPL No. 23–08, page the WBA increase). (See Section or before (Tuesday) March 31, 2009, A–1, Definitions—#4.) 4002(b)(1) of the Act.) would be payable. Õ ≈ Question: If, due to the receipt of For example, if an individual received →≈ Question: Regarding the phase- severance pay, an individual’s eligibility regular UC for 20 weeks at $200 and the out of the EUC08 program (when there for regular UC is postponed or reduced remaining 6 weeks at $220, his/her are remaining amounts in an to zero and no regular UC is paid during EUC08 WBA will be $220, and the individual’s EUC08 account), Section the entire benefit year, which has EUC08 MBA will be $2,660 which is the 4007(b)(2) of the Act provides that no ended, is the individual considered to lesser of 50% of $5320 ($2,660) or 13 EUC08 shall be payable for any week be an ‘‘exhaustee?’’ times $210 ($200 + $220 divided by 2 beginning after June 30, 2009. Is EUC08 Answer: Yes. Once the individual’s ($2,730), the average of both WBAs). payable for the week of (Tuesday) June benefit year ends, the individual is an State law rounding provisions will 30, 2009, that ends (Monday) July 6, exhaustee. (See Section 4001(c)(2) of the apply. ≈ 2009? Act.) Note: Disqualifications, including S Question: If an individual Answer: Yes. If state law permits those related to deductible income, that receives a monetary penalty on his/her weeks of unemployment to begin on are imposed by state law will also apply regular claim, is the EUC08 claim based (Tuesday) June 30, 2009, the week to EUC08 claims. on the regular amount before or after the ending (Monday) July 6, 2009, would be S ≈ Question: An individual has two penalty (e.g., wage cancellation or the final week. different benefit years that ended on or reduction of the MBA)? after May 1, 2007. However, on the most Answer: The EUC08 claim is based on B. Individuals Potentially Eligible for recent benefit year, the individual does the amount determined before the EUC08 not meet the 20 weeks of work penalty. Section 4002(b)(1) of the Act Í ≈ Question: Is an individual requirement. The individual’s prior requires that the amount in the EUC08 potentially eligible for EUC08 if s/he benefit year does meet this requirement. account equal the lesser of 50 percent of filed a new claim and established a Since the most recent benefit year does the regular benefits payable or 13 times benefit year that ended on or after May not meet the EUC08 monetary the average WBA. The Department has 1, 2007, but received no payments requirements, might the individual consistently held that the determination before the benefit year ended? qualify for EUC08 based on the prior of the monetary award for federally Answer: Yes. The ending of the benefit year? financed extensions should be based on benefit year prevents the individual Answer: No. The applicable benefit the regular UC amount prior to the from receiving the regular UC balance year, which is used as the basis for an application of a penalty because to base that was available. The individual is an EUC08 claim, is the most recent benefit entitlement on the lesser re-determined exhaustee for EUC08 purposes. year. amount would be tantamount to Õ ≈ Question: Is there a waiting week imposing a second penalty for the same for EUC08 if the individual has never D. Monetary Eligibility disqualifying act. (See 20 CFR served a waiting week during the Í ≈ Question: Is there a uniform 13- 615.5(a)(1)(i) and (b)(3), which applies applicable benefit year? week duration for all EUC08 claims? the same principle in the extended Answer: No. There is no waiting Answer: No. The EUC08 maximum benefits (EB) program in determining period requirement for EUC08. benefit amount (MBA) is computed as exhaustion.) S ≈ Question: If an individual files a the lesser of 50 percent of the ∞≈ Question: May individuals who new UC claim and is found monetarily individual’s regular UC MBA, including have had their base period wage credits ineligible (e.g., no wages or insufficient dependents’ allowance(s), or 13 times canceled or who have had their regular wages) for regular UC, does the agency the individual’s average weekly benefit maximum benefit amount reduced to need to check for any earlier/prior amount (WBA). Fifty percent of the one week establish a EUC08 claim? If benefit year(s) to determine if the regular MBA may result in less than 13 ‘‘yes,’’ how is the EUC08 monetary individual may qualify for EUC08? weeks of benefits, for example, where an account calculated? Answer: Yes. To determine if the individual only qualifies for an MBA of Answer: Yes. Consistent with the EB individual qualifies for EUC08, the state 10 weeks of regular UC. (See Section regulations (20 CFR 615.5(a)(1)(i) and will need to check for any prior benefit 4002(b)(1) of the Act.) (b)(3)) the individual is an exhaustee if year(s) that ended on or after May 1, Õ ≈ Question: If there has been a no regular compensation is payable. 2007, and determine if the individual is recent increase in the state’s WBA that Also, the individual’s EUC08 monetary an exhaustee. See Attachment A to UIPL applies to all benefit years on file with account is calculated using the

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monetary determination before wage year for a second EUC08 claim, if the initial determination of monetary entitlement cancellation or benefit reduction, as claim for that second claim is for a week of for the applicable benefit year. explained in #3 above. unemployment ending on or before March Õ ≈ Question: How is full-time work ™ ≈ Question: If the calculation of 31, 2009. determined for purposes of the 20- the individual’s EUC08 MBA at 50 E. Requalifying Requirements for weeks-of-work requirement? percent of the MBA for regular Successive Benefit Years (‘‘Double Dip’’) Answer: It is ‘‘determined under the compensation results in a fraction that Provisions provisions of the State law requires rounding, are state law implementing section 202(a)(5) of the ≈ rounding provisions followed? Í Question: State law requires an Federal-State Extended Unemployment Answer: Yes. States are to round up individual who received UC in a benefit Compensation Act of 1970.’’ (Section or down in accordance with their state year to have had work since the 4002(d)(2)(A) of the Act.) This requires law. beginning of the benefit year to qualify the state to follow the monetary →≈ Question: A state’s formula for for a new benefit year. How does this qualifying requirements that the determining the MBA for regular ‘‘double dip’’ requirement affect individual meets at least one of the compensation is the lesser of 26 times eligibility for EUC08? following: the WBA or one-third of the base period Answer: Section 3304(a)(7) of the • One and one-half times the wages credits. When an individual is Federal Unemployment Tax Act (FUTA) individual’s high quarter wages; unemployed due to a plant closing, the requires, as a condition of a state’s • 40 times the most recent weekly state pays up to 13 additional weeks of participation in the federal-state UC benefit amount; or • benefits as the lesser of 39 times the program, that the state law provide that 20 weeks of full-time insured WBA or one-half of the base period ‘‘an individual who has received [UC] employment as provided by the state’s wage credits. State law does not during his benefit year is required to law. Note: Full-time may not always be specifically define these benefits as have had work since the beginning of defined as 40 hours per week; states will additional compensation. Are the plant such year in order to qualify for [UC] in refer to their state law for the definition closing benefits considered additional his next [second] benefit year.’’ of ‘‘full-time.’’ See 20 CFR 615.4(b) compensation for EUC08 purposes? Where an individual is unable to regarding these options. Answer: Yes. These benefits meet the satisfy this ‘‘double dip’’ requirement, G. Seasonal Provisions/Between Terms definition of ‘‘additional compensation’’ some states will nevertheless establish a Denial in Attachment A to UIPL No. 23–08, second benefit year, although the that is, ‘‘compensation totally financed 1. Question: Are employees of individual will have no monetary educational institutions who are denied by a state and payable under a state law entitlement on that benefit year until s/ by reason of high unemployment or regular benefits because of the between- he satisfies the requirement. Whether or and-within terms denial provisions other special factors.’’ (Emphasis not the state establishes a new benefit added.) The ‘‘special factor’’ here is that eligible for EUC08 during those year when the individual does not between-and-within terms periods? these benefits are paid for plant satisfy the double dip requirement, an closings. As ‘‘additional compensation,’’ Answer: No. Section 3304(a)(6)(A) of individual is an exhaustee and will the Federal Unemployment Tax Act these benefits are excluded from use in qualify for EUC08, if otherwise eligible. the calculation of EUC08 monetary (FUTA) requires, as a condition of This follows the approach taken in the participation in the federal-state UC entitlement. Further, EUC08 may be EB program. (See 20 CFR 615.2(c)(2)) paid prior to these benefits, because program, that state law limit the Section 4001(b)(2) of the Act does not F. Base Period Employment eligibility of individuals based upon require, as a condition of EUC08 Requirement services performed for educational institutions between and within eligibility, exhaustion of additional ≈ Í Question: An individual has academic terms. With exceptions not compensation. covered employment and wages in two ←≈ Question: May an individual relevant here, section 4001(d)(2) of the states and filed a combined wage claim Act applies the terms and conditions of have more than one EUC08 claim? (CWC). Although wages were Answer: Yes. An individual may the state law to claims for EUC08. transferred to State A from State B, the establish a claim for EUC08, qualify for Therefore, the same between and within individual has established a benefit year a new UC benefit year, exhaust that terms denial provisions of state law based only on wages from State A benefit year, exhaust the first EUC08 apply to EUC08 claims. Note: because the base period wages from claim and subsequently qualify for a Employees of educational institutions State B do not increase the weekly or second EUC08 claim based on the new who establish a benefit year based on maximum benefit amount. Therefore, a (most recent) benefit year. non-school wages may qualify for CWC was not established and State A EUC08 between-and-within terms after Example: An individual is determined returned wages to State B. May State A eligible for EUC08 based on a UC benefit year exhausting all UC that is based on their use the wage transfer record (TC–IB4) it non-school wages. The WBA for the that ended on May 12, 2007. S/he receives 10 received from State B as evidence of weeks of EUC08 prior to the calendar quarter EUC08 claim must be based on the non- change, at which point s/he qualifies for a employment and wages in the base school wages. new UC benefit year. Because the individual period of the claim, which will satisfy 2. Question: Under a state’s qualifies for regular UC, EUC08 payments the 20-week work requirement or its seasonality provisions, benefits based must stop. equivalent for EUC08 entitlement? on seasonal wages may be paid only The individual exhausts benefits based on Answer: Yes. Section 4001(d)(2)(A) of during the normal seasonal period for his/her new UC benefit year; therefore, s/he the Act requires an individual to have which the seasonal wage credits were is again an exhaustee for EUC08 purposes. S/ 20 weeks of full-time insured earned. Is a seasonal worker, whose he may collect the remaining entitlement on his/her existing (first) EUC08 claim and after employment or the equivalent in monetary determination is based solely exhausting these benefits s/he may file a new insured wages under the provisions of on seasonal wages and who is ineligible (second) EUC08 claim based on the new applicable state law to qualify. It does because of the seasonality provisions, (most recent) UC benefit year. The new/most not require all of the employment and considered an ‘‘exhaustee’’ for EUC08 recent benefit year is the applicable benefit wages to have been used in the purposes?

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Answer: Yes. The EB exhaustion ™ ≈ Question: Our state assesses individual and (2) repayment would be provisions (20 CFR 615.5(b)(2)) penalty weeks for false statements and contrary to equity and good conscience. regarding seasonal workers make suitable work disqualifications. Our (See Attachment A to UIPL NO. 23–08, seasonal workers potentially eligible as penalty is a set number of weeks and the page A–11, #6(b)(1), Application of exhaustees during the ‘‘off’’ season. The individual does not have to certify or be State Waiver Provision.) same rule is applicable for EUC08 eligible for benefits to ‘‘serve’’ these ∞≈ Question: How should states claims. penalty weeks. Would individuals handle prosecutions of EUC08 fraud qualify for EUC08 payments during the overpayments? H. Work Search/Job Service Registration Answer: States must pursue EUC08 Requirements period when they are ‘‘serving’’ these weeks? fraud cases in the same manner as all Í ≈ Question: Do EB work search Answer: No. As in the answer above, other Federal UC fraud cases are requirements apply to EUC08? the individual is ineligible for EUC08 handled. For referrals of fraud cases to Answer: No. The Act does not apply for the penalty weeks. Where an the U.S. Department of Labor’s Office of the EB work search requirements to individual is disqualified for benefits Inspector General (OIG), see UIPL No EUC08. Rather, under section 4001(d)(2) under state law, s/he would not qualify 29–05. of the Act, the work search requirements for EUC08 until the time period for the ™ ≈ Question: Are states required to of state law apply to EUC08. disqualification has been satisfied/has use only benefit offsets to recover Õ ≈ Question: Do state law provisions passed. EUC08 overpayments? requiring an individual to be able and Answer: No, Section 4004(c)(1) available for work apply to EUC08? J. EUC08 Benefit Intercept merely authorizes offset against EUC08 Answer: Yes. See Section 4001(d)(2) Í ≈ Question: Are EUC08 payments benefits as one method of recovery. of the Act. subject to child support intercept and ‘‘EUC08 overpayment recovery shall be S ≈ Question: Is it inconsistent with similar levies and attachments? enforced by any action or proceeding federal law for a state to electronically Answer: Yes, but only to the extent which may be brought under state or reactivate prior work registrations and that doing so is consistent with federal Federal law * * *’’ See Attachment A require the same number of job contacts and state law. As explained in UIPL No. to UIPL No. 23–08; page A–13, for EUC08 as was required for regular 45–89, the Federal ‘‘withdrawal #6(b)(3)(D), Recovery of Overpayments, UC? standard’’ limits deductions from UC to Section 4005(c) of the Act. Answer: No. Federal law requires this those authorized or required by Federal ➝ ≈ Question: States are still result. Under Section 4001(d)(2) of the law. One of the required offsets pertains recovering overpayments from the 2002 Act, state law work search and to child support. Further, the terms and Temporary Extended Unemployment employment service registration Compensation (TEUC) program. Is it requirements apply to EUC08 eligibility. conditions of state law apply to EUC08, including intercepts and offsets, except necessary to separately report those I. Non-Monetary Issues where inconsistent with the Act or 2002 overpayments recovered from any Í ≈ Question: Must states adjudicate operating instructions. EUC08 overpayments recovered? ≈ any new separation issue(s) that Õ Question: What is the order of Answer: Yes. Transactions concerning occurred after the individual exhausted priority for deductions of overpayment the 2002 TEUC program should be his or her UC claim? offset, child support, and income taxes? reported separately from EUC08 Answer: Yes. State must adjudicate Answer: The state will follow the transactions. separation issues in accordance with same procedures that apply to regular L. Short-Time Compensation (STC) state law for all EUC08 claims. compensation. (See UIPL 17–95, Change Program Õ ≈ Question: If state law provides for 1.) Í ≈ Question: May EUC08 be paid to adjudication of all separations from the K. Overpayments beginning of the base period to the time individuals participating in a short-time ≈ a claim is filed, does this provision of Í Question: May EUC08 benefits compensation (STC or worksharing) state law apply to EUC08 claims? be offset to recover state UC program? Answer: Yes. See Section 4001(d)(2) overpayments? Answer: Yes. If an individual of the Act. Answer: Yes, if the state has a Cross- participating in an STC program is an S ≈ Question: If an individual has Program Overpayment Offset Agreement exhaustee for EUC08 purposes and is satisfied/purged a disqualification, for with the Secretary. The state must otherwise eligible, EUC08 must be paid example, disqualifications related to follow the agreement in recovering to an otherwise eligible individual on fraud, separation, or refusal of suitable overpayments. the same terms and conditions as apply work, is s/he eligible for EUC08, if Õ ≈ Question: Must all offsets from to regular compensation. The payment otherwise eligible? EUC08 be 50 percent even if state law of EUC08 to STC participants is unlikely Answer: Yes. The individual is requires a 100 percent offset of benefits? to occur since STC participants rarely eligible for EUC08, if all other Answer: No. The Act provides that exhaust their UC benefits and an requirements are met. the 50 percent limit applies only to individual participating in an STC ∞≈ Question: Our state assesses offsets to recover EUC08. It does not program whose benefit year has ended penalty weeks for making false apply to offsets of EUC08 to recover will have wages that must be used to statements. An otherwise eligible state UI overpayments. establish, if possible, a new benefit year individual must certify for benefits to S ≈ Question: May a state apply its before any EUC08 is payable. satisfy this penalty. May an individual own state law waiver provisions to Õ ≈ Question: When a state law who is otherwise eligible to file an EUC08 overpayments? requires regular compensation to be EUC08 claim use EUC08 weeks to Answer: A state law’s waiver paid to individuals participating in an satisfy this penalty? provision may be applied to non- STC program, the criteria for earnings Answer: Yes, the individual may use fraudulent EUC08 overpayments if the deductions from the benefits is based on EUC08 weeks to satisfy this penalty, but provision requires the state to determine a percentage of the earnings instead of will be ineligible for EUC08 during that (1) the payment of EUC08 was the rules that apply to regular claims. those penalty weeks. without fault on the part of the Do the provisions of the state law

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governing STC deductions apply to Answer: Under 20 CFR 617.14(a), the Q. Claims Filed by Aliens EUC08? If ‘‘yes,’’ does the state law TRA MBA is 52 times the TRA WBA, Í ≈ Question: What requirements provision that limits the number of minus the total sum of UC to which the must an alien meet to qualify for weeks payable to STC participants individual was entitled. Since EUC08 is EUC08? apply to an STC participant receiving UC, the 13 weeks of EUC08 is Answer: To qualify for EUC08 for a EUC08? subtracted, along with the 26 weeks of week, the alien must be authorized to Answer: Yes to both questions. EUC08 regular UC and the 22 weeks of basic work in the United States for that week. is to be paid to STC participants under TRA already paid. At this point, basic The alien’s authorization to work must the provisions of the state law governing TRA entitlement is exhausted; be verified through the System for Alien STC. additional TRA may be available to the Verification of Eligibility at Social individual if s/he is in training and is M. Extensions for Approved Training Security Act section 1137(d), which otherwise eligible. state agencies for regular UC. However, Í ≈ Question: If a state has a special ≈ S Question: If an individual has if the state has information obtained extension for individuals who exhaust received 26 weeks of UC and 26 weeks regular compensation and are from the verification made in of basic TRA, is the individual entitled connection with the regular UC claim participating in approved training, may to EUC08, if otherwise eligible? EUC08 be paid to these individuals? that the alien’s work authorization Answer: Yes. The benefits paid under Answer: Yes. TRA does not reduce remains in effect, no additional this special extension are additional the amount of EUC08. Therefore, EUC08 verification is required until the compensation. Section 4001(b)(2) of the is payable to the individual if all other expiration date of his/her qualified alien Act does not require exhaustion of eligibility requirements are met. See status is reached. additional compensation to qualify for Attachment A to UIPL No. 23–08; page A–5, #8(a), Trade Readjustment R. Application of Worker Profiling and EUC08. Therefore, a state may pay Reemployment Services (WPRS) additional compensation concurrent Allowances (TRA). ≈ with, or after, EUC08. See Attachment A ∞≈ Question: An individual has Í Question: Are individuals filing to UIPL No. 23–08; page A–5, #6, Effect been in training for the past year, for EUC08 subject to profiling and of Additional Compensation Eligibility received 26 weeks of regular UC, 26 selection and referral to services under in a State. weeks of basic TRA, and 13 weeks of the WPRS program? EUC08. Is this individual entitled to any Answer: No. Only individuals filing N. Self-Employment Assistance weeks of additional TRA? new initial claims for regular UC must ≈ Í Question: May EUC08 be paid to Answer: If this individual meets the be profiled and, as appropriate, selected individuals participating in a self- additional TRA eligibility requirements and referred to services under the WPRS employment assistance (SEA) program? s/he is entitled to additional TRA for program. Answer: No. Since SEA is paid to an any weeks remaining in the fixed 52 S. EUC08 Relation to Extended individual ‘‘in lieu of’’ regular UC consecutive-week eligibility period. (See Benefits (Section 3306(t)(1) of the FUTA), the 20 CFR 617.3(m) and Training and Í ≈ individual has not exhausted regular Employment Guidance Letter No. 11–02 Question: If a state in an EB compensation, until s/he has exhausted page 22.) period chooses to pay EB before EUC08, SEA. This renders him/her ineligible for must the state pay EUC08 to individuals EUC08, until either SEA is exhausted or, Note: EUC08 is not deductible from who have an applicable benefit year for additional TRA. However, although the EUC08, but not for EB? if the individual has stopped benefit amount is not reduced, the length of participating in an SEA program, s/he time for which the individual may claim Answer: Yes. The state must pay has exhausted regular compensation. additional TRA is reduced if the s/he collects EUC08 to eligible exhaustees whether or not they previously received EB. O. EUC08 Effect on Trade Readjustment EUC08 during the fixed consecutive-week period for which additional TRA is payable. Allowances (TRA) Advisory: Unemployment Insurance ≈ Program Letter No. 23–08, Change 2. Í Question: The individual P. Interstate Benefits/Combined Wage To: State Workforce Agencies. exhausted 26 weeks of regular UC on a Claims (CWC) From: Brent R. Orrell, Deputy first benefit year and began receiving Í ≈ Question: Under regular Assistant Secretary. TRA based on that benefit year. S/he Subject: Emergency Unemployment qualified for a second benefit year and interstate and CWC procedures, when an individual is indefinitely Compensation, 2008—Program payment of TRA stopped. The Expansion. individual has now exhausted all disqualified under State A’s law and has benefits available on the second benefit sufficient employment and wages to 1. Purpose. To advise states of an year and meets the requirements for qualify under State B’s law, the expansion of the Emergency EUC08 based on the second benefit year. individual files against State B. Using Unemployment Compensation, 2008 After exhaustion of EUC08, are TRA this scenario, an individual has existing (EUC08) program and to provide benefits again payable based on the first benefit years ending on or after May 1, operating instructions for its benefit year? 2007, in both State A and State B. If the implementation. Answer: Yes. If the individual second claim is indefinitely disqualified 2. References. The Unemployment continues to meet all the TRA eligibility in State B, may the individual file for Compensation Extension Act, Public requirements, TRA payments may EUC08 using the claim in State A if, for Law 110–449, enacted November 21, resume based on the first benefit year. example, the disqualification in State A 2008; Supplemental Appropriations Õ ≈ Question: An individual has could be purged/satisfied? Act, 2008, Title IV—Emergency received 26 weeks of regular UC and 22 Answer: No. Only the claim in State Unemployment Compensation, Public weeks of basic TRA prior to qualifying B meets the definition of an ‘‘applicable Law 110–252, enacted June 30, 2008; for 13 weeks of EUC08. What remaining benefit year’’ for EUC08 purposes. (See Unemployment Insurance Program TRA entitlement does the individual Attachment A to UIPL No. 23–08; page Letter (UIPL) No. 23–08 and UIPL No. have? A–1, Definitions—#4.) 23–08, Change 1.

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3. Background. Public Law (Pub. L.) the Unemployment Compensation 1. First-Tier Benefits. Under the 110–449 expands the EUC08 program to Extension Act of 2008 (the Extension Extension Act, the maximum benefit provide up to 20 weeks of 100 percent Act), which amended the Supplemental amount in an individual’s account is the federally-funded unemployment Appropriations Act, 2008, Title IV— lesser of 80 percent of the total amount compensation to eligible individuals in Emergency Unemployment of regular compensation (including all states. It also expands the EUC08 Compensation (EUC08) program by: dependents’ allowances), or 20 times program by providing a second tier of • Providing for up to 7 additional the individual’s average regular benefits of up to 13 weeks for eligible weeks of benefits to eligible individuals compensation weekly benefit amount individuals in those states with high in all states. These benefits will be for a week of total unemployment unemployment. referred to as ‘‘basic EUC08’’ or ‘‘First- (including dependents’ allowances), These expanded EUC08 benefits are Tier EUC08’’; payable to the individual with respect to available only for weeks of • Adding a Second-Tier of EUC08 the ‘‘applicable benefit year.’’ unemployment beginning on or after the benefits for eligible individuals in those This increase in First-Tier EUC08 date of enactment, which is November states with ‘‘high unemployment.’’ eligibility applies to all newly- 21, 2008. Although these amendments These benefits are referred to as qualifying individuals as well as to all do not change the date for establishing ‘‘Second-Tier EUC08’’; and individuals who established their initial eligibility for EUC08, they do • Extending the EUC08 program’s EUC08 entitlement prior to the date the Extension Act was enacted. However, extend the program’s termination date. termination date from the week that the extra seven weeks of basic EUC08 Under the new termination date, no includes Tuesday, June 30, 2009, to the payable under the Extension Act are EUC08 payments may be made for any week that includes Thursday, August only payable for weeks of week of unemployment beginning after 27, 2009. In most states, where the week unemployment beginning on or after August 27, 2009. of unemployment ends on Saturday, Friday, November 21, 2008, the date of Detailed implementation guidance, this means the last week for which including reporting instructions, is enactment of the extension. EUC08 may be paid is the week ending 2. Second-Tier Benefits. Under the included in Attachment A. The text of Saturday, August 29, 2009. In New the Unemployment Compensation Extension Act, if, at the time that the York, where the week begins on amount in an individual’s EUC08 Extension Act is included in Monday, this means that the last week Attachment B. account is exhausted or at any time for which EUC08 may be paid is the thereafter (except as explained below), All states currently have agreements week ending Sunday, August 30, 2009. with the Secretary to administer the the state is in an ‘‘extended benefit In states with variable start dates, this period’’ (EUC08 Second-Tier period) (as EUC08 program under provisions of the means the last week for which EUC08 EUC08 Act. The existing agreements defined in the Extension Act), the may be paid is the week ending individual’s EUC08 account will be remain in effect, and no new agreements Wednesday, September 2, 2009. are necessary to implement these augmented by an amount equal to the amendments. Notifications lesser of 50 percent of the total amount 4. Interpretation. The instructions in of regular compensation (including 1. Identification and Notification of this document are issued to the states dependents’ allowances), or 13 times Potentially Eligible Claimants. The state and cooperating state agencies as the individual’s average weekly benefit must identify individuals who are guidance provided by the Department of amount for the benefit year (including potentially eligible for additional EUC08 Labor in its role as the principal in the dependents’ allowances), payable to the due to the program’s expansion. If the EUC08 program. As agents of the United individual with respect to the individual had previously exhausted an States, the states and cooperating state ‘‘applicable benefit year.’’ There is no EUC08 claim, the state shall provide the agencies may not deviate from the Second-Tier augmentation of an individual with appropriate written operating instructions without the prior individual’s account if that individual notification of his/her potential approval of the Department. To the exhausts his/her EUC08 account after an entitlement to additional EUC08 extent that the guidance provided in EUC08 Second-Tier period ends— benefits. If the individual has not UIPLs Nos. 23–08 and 23–08, Change 1, unless a second EUC08 Second-Tier exhausted his/her EUC08 claim prior to is inconsistent with this UIPL, such period occurs thereafter. the enactment of the Extension Act, the guidance is superseded. The Extension Act defines an EUC08 state will recalculate the maximum 5. Action Requested. Administrators Second-Tier period as: benefit amount on the EUC08 claim and • are to provide this information and An Extended Benefit (EB) period notify the individual of the increased instructions to the appropriate staff. currently in effect for the state under the 6. Inquiries. Direct questions to the amount added to his/her First-Tier Federal-State Extended Unemployment appropriate Regional Office. EUC08 claim. Compensation Act of 1970 (FSEUCA). • 7. Attachments. Attachment A— 2. Notification of Media. To ensure An EUC08 Second-Tier period that Operating Instructions for the EUC08 public knowledge of the expansion of would be in effect under the FSEUCA Program Expansion. the EUC08 program, the state shall using an insured unemployment rate Attachment B—Text of the notify appropriate news media having (IUR) for the relevant 13-week period Unemployment Compensation coverage throughout the state. Should a that is equal to or greater than 4 percent. Extension Act of 2008. state trigger ‘‘on’’ to Second-Tier EUC08, (Unlike the ‘‘regular’’ EB program under it must also notify the media of the the FSEUCA, the EUC08 EB period does Attachment A to UIPL No. 23–08, availability of Second-Tier EUC08 not use a 5 percent IUR trigger or have Change 2 benefits. a 120 percent ‘‘lookback’’ requirement.) • An EUC08 Second-Tier period that Operating Instructions for the EUC08 Operating Instructions Program Expansion would be in effect under the FSEUCA Except where inconsistent with these using a three-month seasonally adjusted Introduction instructions, the operating instructions total unemployment rate (TUR) that is On Friday, November 21, 2008, the that were included as Attachment A to equal to or greater than 6 percent. President signed Public Law 110–449, UIPL No. 23–08 are applicable. (Unlike the ‘‘regular’’ EB program under

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the FSEUCA, the EUC08 Second-Tier triggers ‘‘on’’ (even if that period triggers to report First Tier activity as they have program does not use a 6.5 percent TUR ‘‘on’’ after Tuesday, March 31, 2009). done previously. The first report on trigger or have a 110 percent ‘‘lookback’’ Two examples follow: Second Tier activity for December 2008 requirement.) This rate will be used in Example 1: An individual exhausts First- will be transmitted on the ETA 5159 by all states, whether or not the state uses Tier EUC08 on Saturday, April 18, 2009. This states in mid-January 2009. it for the ‘‘regular’’ EB program. individual will not qualify for a Second-Tier 5. ETA 5159. Claims and payment The rules governing the timing of the of EUC08, even if an EUC08 Second-Tier activities for the First-Tier, which now triggering ‘‘on’’ and ‘‘off’’ an EUC08 period is in effect, because the individual allows up to 20 weeks of benefits, will Second-Tier period are the same as will have exhausted First-Tier EUC08 after continue to be reported as they were those governing the ‘‘regular’’ EB Tuesday, March 31, 2009, and there can be previously, except as indicated below. program under the FSEUCA, set forth at no augmentation of his/her EUC08 account. Claims and payment activities for the 20 CFR 615.11. The beginning date of a Example 2: An individual exhausts First- Second-Tier, which allows up to 13 state’s EUC08 Second-Tier period will Tier EUC08 on Saturday, March 14, 2009. additional weeks in those states This individual may qualify for a Second- be based on when the state would have Tier of EUC08 (if otherwise eligible) if an triggered ‘‘on’’ to an EUC08 Second Tier triggered ‘‘on’’ under the FSEUCA using EUC08 Second-Tier period is either in effect period, will be reported separately in a the above triggers as well as the rules or the state subsequently triggers ‘‘on’’ (even new section C of the report. governing the timing of those periods if that period triggers ‘‘on’’ after March 31, a. First-Tier. Report final payments on under 20 CFR 615.11. Notwithstanding 2009), because the First-Tier benefits were line 303 as the number of claimants these regulations, however, no EUC08 exhausted on or prior to Tuesday, March 31, issued a payment that exhausts the Second-Tier period will begin earlier 2009. benefit entitlement in the First-Tier of than June 30, 2008—the date on which As with First-Tier EUC08, the state their EUC08 account, including the the Extension Act made the Second-Tier may provide for the payment of all additional entitlement provided in the amendment effective. Further, as EUC08 (including Second-Tier EUC08) new law. Reports submitted previously provided by this regulation, each EUC08 prior to the payment of extended should be revised to reflect that Second-Tier period will last at least 13 unemployment compensation payable claimants who have their accounts weeks. For example, if a state triggers under the FSEUCA. increased with the additional ‘‘on’’ to an EUC08 Second-Tier period 3. Effective Date of Amendments. The entitlement and were previously for the week beginning Sunday, August expanded First-Tier EUC08, and the reported as receiving final payments did 31, 2008, using the 6 percent TUR newly added Second-Tier EUC08 not, in fact, receive final payments. trigger, the state would remain ‘‘on’’ for benefits, are payable only with respect b. Second-Tier. A new Section C, an EUC08 Second-Tier period for at to weeks of unemployment beginning which mirrors Section B, has been least 13 weeks from that date. After on or after the enactment of Public Law added to the report. Only data for these 13 weeks, the EUC08 Second-Tier 110–449 Thus, there is no provision for claimants who qualified for the Second- period would end, in accordance with payment of these expanded EUC08 Tier should be included in this section. this regulation, on the last day of the benefits for weeks of unemployment Weeks compensated will be reported in third week after the first week for which occurring prior to the enactment on columns 23–27 of line 401; benefits paid there is an ‘‘off’’ indicator in the state. Friday, November 21, 2008. in columns 23–27 of line 402, and first The Department will notify each state of and final payments in columns 28–33 of the beginning and ending dates of any Example: An individual exhausts his/her line 403. First payments will represent EUC08 Second-Tier period applicable to original EUC08 entitlement on Saturday, the number of claimants who had their September 6, 2008, and the Extension Act is benefits augmented and received at least that state in generally the same manner enacted on Friday, November 21, 2008. The the states are notified of a ‘‘regular’’ EB first potentially payable week for the one Second-Tier payment. Report final period. expanded EUC08 benefits would be for the payments as the number of claimants An individual may not have his/her week beginning Sunday, November 23, 2008. issued a payment that exhausts the EUC08 account augmented by these In New York, where the week begins on benefit entitlement to the Second-Tier of Second-Tier benefits more than once per Monday, the first potentially payable week is their EUC08 account. EUC08 claim. Further, if the Monday, November 24, 2008. Those states 3. ETA 539. Total weeks claimed for individual’s First-Tier EUC08 account is with a variable start date, the first potentially regular UC, UCFE, and UCX for the two exhausted after Tuesday, March 31, payable week would begin no earlier than the tiers of the EUC08 program for the 2009, there can be no Second-Tier week beginning Friday, November 21, 2008. report period will be reported separately benefit augmentation of the account. In 4. Ending Date of the EUC08 Program. in the comments section and labeled as most states, where the week of Under the Extension Act, an individual ‘‘EUC08 First-Tier’’ and ‘‘EUC08 unemployment ends on a Saturday, this having amounts remaining in his/her Second-Tier’’ followed by the number. means that individuals who have a EUC08 account as of the last day of the For example: ‘‘EUC08 First-Tier = 239, First-Tier EUC08 claim that exhausts on last week of unemployment (as EUC08 Second-Tier = 186’’. (The agent or after the week ending Saturday, April determined under state law) ending on weeks claimed information needed for 4, 2009, do not qualify for a Second-Tier or before Tuesday, March 31, 2009, may this report will be obtained from the EUC08 claim. In states with variable collect the remaining First-Tier or LADT identified in field 28 as ‘‘code 2’’, claim start dates, this means the Second-Tier balance in subsequent Federal Benefit Extension.) individuals who have a First-Tier weeks, if otherwise eligible, until the 4. UI–3 Worksheet. States will report EUC08 claim that exhausts after EUC08 program terminates. Under the on line 12, labeled ‘‘Monetary Tuesday, March 31, 2009, do not qualify Extension Act, no EUC08 is payable for Redeterminations,’’ the count of for a Second-Tier EUC08 claim. any week beginning after Thursday, redeterminations conducted when a However, if an individual’s EUC08 August 27, 2009. claimant’s account is increased for the account is exhausted on or before additional First-Tier entitlement or Tuesday, March 31, 2009, the individual Reporting Instructions augmented for the Second-Tier may qualify for a Second-Tier EUC08 4. General. EUC08 reporting entitlement. claim if an EUC08 Second-Tier period is instructions are unchanged except as 5. OMB Approval. These reports each either then in effect or subsequently described below. States should continue bear their own OMB control numbers,

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estimated burden hours and expiration (ii) Did not include the requirement beginning on or after the date of the dates indicating that they are valid under paragraph (1)(A) thereof; or enactment of this Act. collections. Modifications to the ETA (C) Such a period would then be in Emergency Unemployment 5159 have been submitted to OMB for effect for such State under such Act if— Compensation, 2008—Questions and expedited clearance and approval. (i) Section 203(f) of such Act were applied to such State (regardless of Answers Attachment B to UIPL No. 23–08, whether the State by law had provided Change 2 1. Purpose. To respond to questions for such application); and from states about the expansion of the Text of the Unemployment (ii) Such section 203(f)— Emergency Unemployment Compensation Extension Act of 2008 (I) Were applied by substituting ‘‘6.0’’ Compensation, 2008 (EUC08) program. for ‘‘6.5’’ in paragraph (1)(A)(i) thereof; An Act 2. References. The Unemployment and Compensation Extension Act, Public To provide for additional emergency (II) Did not include the requirement Law 110–449, enacted November 21, unemployment compensation. under paragraph (1)(A)(ii) thereof. 2008; Supplemental Appropriations Be it enacted by the Senate and House (3) Limitation—The account of an Act, 2008, Title IV–Emergency of Representatives of the United States individual may be augmented not more Unemployment Compensation, Public of America in Congress assembled, than once under this subsection. Law 110–252, enacted June 30, 2008; Section 1. Short Title Sec. 4. Phaseout Provisions Unemployment Insurance Program This Act may be cited as the Section 4007(b) of the Supplemental Letter (UIPL) No. 23–08, and Change 1 ‘‘Unemployment Compensation Appropriations Act, 2008 (26 U.S.C. and Change 2. Extension Act of 2008’’. 3304 note) is amended— 3. Background. Public Law 110–449 (1) In paragraph (1), by striking (the Extension Act) amends Public Law Sec. 2. Additional First-Tier Benefits ‘‘paragraph (2),’’ and inserting 110–252 (the EUC08 Act) to provide up Section 4002(b)(1) of the ‘‘paragraphs (2) and (3),’’; and to 20 weeks of 100 percent federally- Supplemental Appropriations Act, 2008 (2) By striking paragraph (2) and funded unemployment compensation to (26 U.S.C. 3304 note) is amended— inserting the following: eligible individuals in all states. It also (1) In subparagraph (A), by striking (2) No Augmentation after March 31, expands the EUC08 program by ‘‘50’’ and inserting ‘‘80’’; and 2009—If the amount established in an providing a Second-Tier of 100 percent (2) In subparagraph (B), by striking individual’s account under subsection federally-funded benefits of up to 13 ‘‘13’’ and inserting ‘‘20’’. (b)(1) is exhausted after March 31, 2009, weeks for eligible individuals in those then section 4002(c) shall not apply and states with ‘‘high unemployment’’ as Sec. 3. Second-Tier Benefits such account shall not be augmented defined in the Extension Act. Section 4002 of the Supplemental under such section, regardless of These expanded EUC08 benefits are Appropriations Act, 2008 (26 U.S.C. whether such individual’s State is in an available only for weeks of 3304 note) is amended by adding at the extended benefit period (as determined unemployment beginning on or after the end the following: under paragraph (2) of such section). date of enactment, which is November (c) Special Rule— (3) Termination—No compensation 21, 2008. Although these amendments (1) In General—If, at the time that the under this title shall be payable for any do not change the date for establishing amount established in an individual’s week beginning after August 27, 2009. initial eligibility for EUC08, they do account under subsection (b)(1) is Sec. 5. Temporary Federal Matching for extend the program’s termination date. exhausted or at any time thereafter, such Under the new termination date, no individual’s State is in an extended the First Week of Extended Benefits for States With No Waiting Week EUC08 payments may be made for any benefit period (as determined under week of unemployment beginning after paragraph (2)), such account shall be With respect to weeks of August 27, 2009. Attached is ‘‘Questions augmented by an amount equal to the unemployment beginning after the date and Answers on the EUC08 Extension lesser of— of the enactment of this Act and ending Act.’’ (A) 50 percent of the total amount of on or before December 8, 2009, 4. Interpretation. The information in regular compensation (including subparagraph (B) of section 204(a)(2) of this document is issued to the states and dependents’ allowances) payable to the the Federal-State Extended cooperating state agencies as guidance individual during the individual’s Unemployment Compensation Act of provided by the Department of Labor in benefit year under the State law, or 1970 (26 U.S.C. 3304 note) shall not its role as the principal in the EUC08 (B) 13 times the individual’s average apply. program. As agents of the United States, weekly benefit amount (as determined Sec. 6. Effective Date the states and cooperating state agencies under subsection (b)(2)) for the benefit may not deviate from this guidance (a) In General—The amendments year. without the prior approval of the (2) Extended Benefit Period—For made by sections 2, 3, and 4 shall apply Department. To the extent that the purposes of paragraph (1), a State shall as if included in the enactment of the guidance provided in UIPL No. 23–08; be considered to be in an extended Supplemental Appropriations Act, and Change 1 and Change 2 is benefit period, as of any given time, if— 2008, subject to subsection (b). inconsistent with this UIPL, such (A) Such a period is then in effect for (b) Additional Benefits—In applying guidance is superseded. such State under the Federal-State the amendments made by sections 2 and Extended Unemployment Compensation 3, any additional emergency 5. Action Requested. Administrators Act of 1970; unemployment compensation made are to provide this information and (B) Such a period would then be in payable by such amendments (which instructions to the appropriate staff. effect for such State under such Act if would not otherwise have been payable 6. Inquiries. Direct questions to the section 203(d) of such Act— if such amendments had not been appropriate Regional Office. (i) Were applied by substituting ‘‘4’’ enacted) shall be payable only with 7. Attachment. Questions and for ‘‘5’’ each place it appears; and respect to any week of unemployment Answers on the EUC08 Extension Act.

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Attachment to UIPL 23–08 Change 3 individual exhausts First-Tier EUC08 on 5. Question: May a state augment an Questions and Answers on the EUC08 or before March 31, 2009, the individual individual’s EUC08 account with Extension Act may establish eligibility for Second-Tier Second-Tier benefits as soon as the state EUC08 if the state enters a Second-Tier enters into an EUC08 Second-Tier A. Notification of Potential Eligibility for period after March 31, 2009. Please period? EUC08 and Recalculating Entitlement clarify. Answer: No. The state may only 1. Question: What are the minimum Answer: Paragraph (1) of Section augment an individual’s EUC08 account requirements concerning notification 4007(b) of the amended EUC08 Act with Second-Tier benefits after the provides for the continued collection of and recalculation of First-Tier EUC08? individual exhausts First-Tier EUC08 an ‘‘unexhausted’’ EUC08 account after Answer: States must: (1) Notify both benefits and only if that exhaustion March 31, 2009. Thus, an individual individuals who have exhausted their occurs during or before an EUC08 having an account balance as of that initial EUC08 entitlement (of up to 13 Second-Tier period and on or before date qualifies for the ‘‘phase-out’’ by weeks) and those in a continued-claim March 31, 2009. being permitted to collect that balance filing status of the availability of 6. Question: When the amount after that date. Paragraph (2) of that expanded First-Tier EUC08 benefits; (2) remaining in an individual’s First-Tier Section extends paragraph (1) by further recalculate First-Tier EUC08 entitlement EUC08 account is less than the full permitting an individual, who when the individual next files a weekly benefit amount and the state is exhausted his/her EUC08 account on or in a Second-Tier period, is Second-Tier continued claim for EUC08; and (3) before March 31, 2009, to receive a ensure public knowledge of the EUC08 payable for the same week? Second-Tier augmentation after that Answer: Yes, Second-Tier EUC08 is expansion of the EUC08 program, by date. notifying appropriate news media payable for the same week, the week of 2. Question: How is the individual’s exhaustion. Second-Tier EUC08 will having coverage throughout the state. EUC08 Second-Tier entitlement affected augment the EUC08 account to allow for 2. Question: If states want to do more when the state triggers ‘‘off’’ an EUC08 the payment of an amount equal to the than the minimum requirements listed Second-Tier period? above, for example, recalculate all Answer: Triggering ‘‘off’’ does not original weekly benefit amount. EUC08 claims at one time and notify all affect the individual’s remaining Second 7. Question: What is the last date a individuals of the new entitlement, is Tier entitlement. The EUC08 Act, as claim may be augmented? this allowable? amended, does not provide for reducing Answer: For most states, the week Answer: Yes. or terminating payment of the beginning August 23, 2009, would be the last week that a claim could be B. First-Tier EUC08 augmented amount because the state subsequently triggers ‘‘off.’’ augmented. In such a state an 1. Question: Are there instances when 3. Question: Is it possible to trigger individual’s last week of potential individuals may be paid expanded First- ‘‘on’’ an EUC08 Second-Tier period eligibility would be the week ending Tier EUC08 for weeks of unemployment prior to the enactment of the Extension August 29, 2009. prior to the effective date of the Act? If ‘‘yes,’’ what is the significance of D. Multiple EUC08 Claims and Order of Extension Act? this? Payment Answer: No. EUC08 is payable only Answer: Yes, because the Extension for weeks of unemployment beginning Act provides that its amendments are to 1. Question: An individual after the date of enactment of the be treated ‘‘as if included in the established two First-Tier EUC08 claims Extension Act, which is November 21, enactment of’’ the original EUC08 Act. prior to the enactment of the Extension 2008. As a result, the ‘‘beginning’’ date of a Act. Is the EUC08 account for each 2. Question: A recalculated EUC08 Second-Tier period may be as early as claim eligible to be increased to up to entitlement results in an uneven dollar the date the EUC08 program began. An 20 weeks? figure. How should these situations be EUC08 Second-Tier period must last at Answer: Yes. handled? least 13 weeks. Thus, the date a Second- 2. Question: If there are two EUC08 Answer: When the calculation is not Tier period begins may affect the date it claims, which one should be paid the an even dollar figure, a state will round ends. enhanced First-Tier benefits first? either up or down according to its law. Note: Second-Tier EUC08 payments, Answer: The oldest (first) EUC08 3. Question: A recalculated EUC08 however, shall not begin prior to enactment claim. (See Question and Answer D.7. in entitlement results in a final payment of the Extension Act, and the individual must the Attachment to UIPL 23–08, Change less than the full average weekly benefit have exhausted First-Tier EUC08 on the 1.) amount. How should these situations be EUC08 account prior to augmentation. 3. Question: Is it necessary to handled? 4. Question: When does an individual immediately recalculate the account of Answer: When the available balance qualify for EUC08 Second-Tier? each EUC08 claim? is less than the full weekly benefit Answer: An individual will qualify Answer: No. The state must amount (e.g., the available balance is for EUC08 Second Tier augmentation if immediately recalculate entitlement on $200; the weekly benefit amount is the individual exhausts First-Tier the claim that will be paid first. $275), the state will pay at most only the EUC08 on or before March 31, 2009, and Recalculation of the entitlement on any available balance ($200), provided the before or during an EUC08 Second-Tier other EUC08 claim need not occur until state is not in a Second-Tier period (see period in the state. An individual who all entitlement is exhausted on the Question #6 below under C. Second- exhausts First-Tier EUC08 following the EUC08 claim paid first, and the Tier EUC08). end of an EUC08 Second-Tier period claimant files against the other claim. C. Second-Tier EUC08 will not be eligible for Second-Tier 4. Question: An individual has 1. Question: UIPL No. 23–08, Change EUC08 unless the state again triggers exhausted two First-Tier EUC08 claims. 2, says that an individual qualifies for ‘‘on’’ an EUC08 Second-Tier period. The state is subsequently in an EUC08 the ‘‘phase-out’’ only if the individual Note: See Section 2 under ‘‘Operating Second-Tier period and both accounts has an account balance as of March 31, Instructions’’ of Attachment A of UIPL 23– are eligible for augmentation. How is 2009. The UIPL also provides that, if an 08, Change 2. this situation handled?

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Answer: The state will augment the credit for monetary redetermination unemployment insurance required oldest (first) EUC08 claim. After this activity on the UI–3. reports. augmented amount on the claim is Note: An additional claim should be taken Signed at Washington, DC, this 23rd day of exhausted, the state will augment and in connection with recalculation of EUC08 January 2009. pay EUC08 on the other claim, if the entitlement if the individual had intervening Douglas F. Small, claimant continues to have compensable employment since filing his/her last claim. Deputy Assistant Secretary, Employment and unemployment and meets all other 2. Question: Must states track three eligibility conditions, such as being able Training Administration, U.S. Department of different EUC08 activities: EUC08 (first Labor. and available. 13 weeks), expanded First Tier EUC08, 5. Question: An individual exhausts a [FR Doc. E9–2533 Filed 2–5–09; 8:45 am] and Second-Tier EUC08? BILLING CODE 4510–FW–P First-Tier EUC08 claim during an Answer: States are required to report EUC08 Second-Tier period. The only First-Tier and Second-Tier EUC08 individual has First-Tier entitlement on activities. In addition, states must revise another claim. How is this situation previous reports of final payments, once NATIONAL SCIENCE FOUNDATION handled? redeterminations have been made, for Answer: The state will augment the prior EUC08 exhaustees on the EUC08- Proposal Review Panel for Physics; oldest (first) EUC08 claim with Second- specific ETA 5159. States will resubmit Notice of Meeting Tier benefits. After this augmented Section B of the EUC08-specific ETA amount is exhausted, the state will pay 5159 for claimants who were reported as In accordance with the Federal any remaining First-Tier entitlement, exhaustees and who are no longer Advisory Committee Act (Pub. L. 92– including any enhanced First-Tier exhaustees because their First-Tier 463, as amended), the National Science entitlement, on the other claim, if the EUC08 accounts are recalculated. All Foundation announces the following claimant is otherwise eligible. If, when First-Tier EUC08 activities are aggregate. meeting. this remaining First-Tier entitlement is For those states reporting Second-Tier Name: LIGO Science Education Center exhausted, or anytime thereafter within EUC08 activity, they will report Partnership (SUBR), Proposal Review Panel the statutory timeframe, the state is in payment activities, first pays and final an EUC08 Second-Tier period, the state for Physics, #1208. pays in the new Section C of the EUC08- Date and Time: Thursday, February 19, will augment the account and pay specific ETA 5159. benefits on this claim, if the claimant is 2009; 8:30 a.m.–5:30 p.m. otherwise eligible. Note: See Item 2.a. under Reporting Friday, February 20, 2009; 8 a.m.–4 p.m. Instructions in Attachment A of UIPL 23–08, Place: Southern University of Baton Rouge, E. Interstate Claims for EUC08 Change 2. Louisiana and LIGO Livingston, Louisiana. 1. Question: Under the permanent 3. Question: Are there separate time Type of Meeting: Partially Closed. Federal-State Extended Benefit (EB) charges required for First-Tier and Contact Person: Kathleen McCloud, program an individual who files an Second-Tier EUC08? Program Director, Division of Physic, interstate claim from a state that is not Answer: No, separate time charges are National Science Foundation (703) 292–8236. triggered ‘‘on’’ EB is limited to two not required. The administrative Purpose of Meeting: To provide an weeks of EB. Does this same limitation funding and reporting of financial data evaluation concerning the proposal submitted to the National Science apply to Second-Tier EUC08? will be for the entire EUC08 program. Foundation. Answer: No. The ‘‘two-week’’ 4. Question: Is there a date by which limitation of the permanent EB program states are required to revise the ETA Tentative Agenda 5159 to back out the final payment does not apply to EUC08. Eligible Thursday, February 19, 2009 individuals filing against a state that numbers for EUC08 claims that are triggered ‘‘on’’ an EUC08 Second-Tier recalculated to redetermine the First 8:30 a.m.–11 a.m. Closed—Executive period may receive up to 13 weeks of Tier balance? Session, Overview by LIGO–SUBR staff. Second-Tier EUC08. Answer: States are expected to revise 11 a.m.–1:30 p.m. Open—tour of LIGO Education Center and Lunch. Note: An individual who resides in a state their prior reports and submit them with their December 2008 ETA 5159 Report. 1:30 p.m.–2 p.m. Travel to SUBR. that is triggered ‘‘on’’ but who is filing 2:30 p.m.–5:30 p.m. Closed—Executive against a state that is not triggered ‘‘on’’ is not Additional revisions to these reports are Session. entitled to Second-Tier EUC08. This is to be made on an ongoing basis, as because the individual’s entitlement is needed. Many states may be able to Friday, February 20, 2009 determined under the applicable state law, simply re-run reports for prior quarters 8 a.m.–9 a.m. Closed—Executive Session. that is, the law of the state with respect to after the redeterminations are made. 9 a.m.–10:30 a.m. Open—tour of SUBR which the individual is an exhaustee for Other states may need to count EUC08 purposes. facilities. transactions and back them out from 11 a.m.–4 p.m. Closed—Executive Session pre-existing totals. F. Reporting Requirements for EUC08 with LIGO and SUBR, Close out. 5. Question: How should states report Reason for Closing: The proposal contains 1. Question: Are all Second-Tier Second-Tier EUC08 on the Liable Agent proprietary or confidential material, augmentations counted as ‘‘monetary Data Transfer (LADT)? including technical information on redeterminations?’’ Answer: The expanded reporting personnel. These matters are exempt under 5 Answer: Yes. All augmentations are (Section C) on the ETA 5159 does not U.S.C. 552b(c)(2)(4) and (6) of the counted as monetary redeterminations. include any data elements that break out Government in the Sunshine Act. Activities related to the recalculation of reporting for Interstate Claims or for Dated: February 3, 2009. First-Tier EUC08 and augmentation of First- and Second-Tier EUC08. States Second-Tier EUC08, do not meet the should report aggregate interstate claims Susanne Bolton, definition under ET Handbook No. 401 activity for both First- and Second-Tier Committee Management Officer. for an initial, additional, or a EUC08 in the same manner as states [FR Doc. E9–2532 Filed 2–5–09; 8:45 am] transitional claim. States will receive have been reporting for the LADT and BILLING CODE 7555–01–P

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NATIONAL SCIENCE FOUNDATION waste will be left ashore. The waste For the Nuclear Regulatory Commission. from the portable toilets will be put into John D. Hughey, Notice of Permit Modification Request the storage tank for sewage on the ships. Project Manager, Plant Licensing Branch I– Received Under the Antarctic The duration of the requested 2, Division of Operating Reactor Licensing, Conservation Act of 1978 modification is coincident with the Office of Nuclear Reactor Regulation. AGENCY: National Science Foundation. current permit which expires on March [FR Doc. E9–2546 Filed 2–5–09; 8:45 am] ACTION: Notice of permit modification 31, 2013. BILLING CODE 7590–01–P request received under the Antarctic Nadene G. Kennedy, Conservation Act of 1978, Public Law Permit Officer. 95–541. SECURITIES AND EXCHANGE [FR Doc. E9–2551 Filed 2–5–09; 8:45 am] COMMISSION SUMMARY: Notice is hereby given that BILLING CODE 7555–01–P [Release No. 34–59336; File No. SR–CBOE– the National Science Foundation (NSF) 2008–127] has received a request to modify a permit issued to conduct activities Self-Regulatory Organizations; regulated under the Antarctic NUCLEAR REGULATORY Chicago Board Options Exchange, Conservation Act of 1978 (Pub. L. 95– COMMISSION Incorporated; Order Approving 541; Code of Federal Regulations Title Proposal To Eliminate the $3 45, Part 670). [Docket Nos. 50–277 and 50–278] Underlying Price Requirement for DATES: Interested parties are invited to Continued Listing and Listing of submit written data, comments, or Exelon Generation Company, LLC, and Additional Series views with respect to the permit PSEG Nuclear, LLC; Environmental modification by March 9, 2009. The Assessment and Finding of No February 2, 2009. permit modification request may be Significant Impact; Correction NRC– On December 18, 2008, the Chicago inspected by interested parties at the 2009–0033 Board Options Exchange, Incorporated Permit Office, address below. (‘‘Exchange’’ or ‘‘CBOE’’) filed with the AGENCY: Nuclear Regulatory ADDRESSES: Securities and Exchange Commission Comments should be Commission. addressed to Permit Office, Room 755, (‘‘Commission’’) pursuant to Section Office of Polar Programs, National ACTION: Environmental Assessment and 19(b)(1) of the Securities Exchange Act 1 Science Foundation, 4201 Wilson Finding of No Significant Impact; of 1934 (‘‘Act’’) and Rule 19b–4 2 Boulevard, Arlington, Virginia 22230. Correction. thereunder, a proposed rule change to eliminate the $3 underlying price FOR FURTHER INFORMATION CONTACT: requirement for continued listing and Polly A. Penhale or Nadene G. Kennedy SUMMARY: This document corrects a for the listing of additional series. The at the above address or (703) 292–8030. notice appearing in the Federal Register on January 29, 2009 (74 FR 5191), that proposed rule change was published for Description of Permit Modification notified the public of the Environmental comment in the Federal Register on Requested Assessment and Finding of No January 2, 2009.3 The Commission On October 1, 2008, the National Significant Impact for issuance of an received one comment letter on the Science Foundation issued a waste Exemption from Title 10 of the Code of proposed rule change.4 This order management permit (2009 WM–001) to Federal Regulations (10 CFR) Part 50, approves the proposed rule change. Erica Wikander, Environmental Officer, Appendix R, Section III.G, ‘‘Fire The proposed rule change amends Quark Expeditions, Inc. after posting a Protection of Safe Shutdown CBOE Rule 5.4.01 to eliminate the $3 notice in the June 9, 2008 Federal Capability,’’ for the use of operator market price per share requirement from Register. Public comments were not manual actions in lieu of the the Exchange’s requirements for received. The issued permit was for the requirements specified in Section III.G.2 continued approval for an underlying operation of remote field support and as requested by Exelon Generation security and amends CBOE Rule 5.4.02 emergency provisions for the expedition Company, LLC for operation of Peach to eliminate the prohibition against vessels, AKADEMIK SERGEY Bottom Atomic Power Station, Units 2 listing additional series of options on an VAVILOV, AKADEMIK IOFFEE and and 3 located in York and Lancaster underlying security at any time when CLIPPER ADVENTURER. The permit Counties, Pennsylvania. This action is the price per share of such underlying holder requests to take 4 ATV’s and two necessary to correct the Licensee’s name security is less than $3. 10 gallon plastic containers of regular as stated in the subject heading of the The Exchange believes that the $3 gasoline ashore, which will be housed original notice. market price per share requirement is no longer necessary or appropriate, and in the garage overnight at FOR FURTHER INFORMATION CONTACT: John Bellingshausen Station. The ATV’s will states that only those underlying D. Hughey, Office of Nuclear Reactor securities meeting the remaining be used during the course of a marathon Regulation, U.S. Nuclear Regulatory that will be run on King George Island. maintenance listing criteria set forth in Commission, Washington, DC 20555– Rule 5.4.01 will be eligible for The ATV’s will be used primarily for 0001; telephone (301) 415–3204, e-mail: safety reasons should anyone need to [email protected]. 1 15 U.S.C. 78s(b)(l). return to the beach or ship, due to an 2 accident or a collapse. The ATV’s will SUPPLEMENTARY INFORMATION: On page 17 CFR 240.19b–4. 5191, in the first column, 11th line, the 3 See Securities Exchange Act Release No. 59152 be used to conduct a thorough cleanup (December 23, 2008), 74 FR 149 (January 2, 2009) after the marathon. subject heading is corrected to read from (‘‘Notice’’). In addition the permit holder ‘‘Entergy Nuclear Operations, Inc.;’’ to 4 See letter to Florence E. Harmon, Acting proposes to take 3 portable toilets ‘‘Exelon Generation Company, LLC, and Secretary, Commission, from Janet M. Kissane, PSEG Nuclear, LLC;.’’ Senior Vice President—Legal and Corporate ashore and set them up in small tents. Secretary, Office of the General Counsel, NYSE After the marathon everything will be Dated in Rockville, Maryland, this 29th Euronext dated January 9, 2009 (‘‘NYSE Euronext removed back to the ship and no human day of January 2009. Letter’’).

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continued listing and the listing of supports the proposal.9 Accordingly, the (http://www.cboe.org/Legal), at the additional option series. The Exchange Commission believes that CBOE’s Exchange’s Office of the Secretary and believes that the current $3 market price proposed rule change is consistent with at the Commission’s Public Reference per share requirement could have a the Act. Room. negative effect on investors. For It is therefore ordered, pursuant to example, in the current volatile market Section 19(b)(2) of the Act,10 that the II. Self-Regulatory Organization’s environment, the Exchange is currently proposed rule change (SR–CBOE–2008– Statement of the Purpose of, and unable to list new series on underlying 127), be, and hereby is, approved. Statutory Basis for, the Proposed Rule Change securities trading below $3. If there is For the Commission, by the Division of market demand for series below $3, the Trading and Markets, pursuant to delegated In its filing with the Commission, the Exchange would be unable to authority.11 accommodate such requests and self-regulatory organization included Florence E. Harmon, statements concerning the purpose of investors would be unable to hedge Deputy Secretary. their positions with options series with and basis for the proposed rule change [FR Doc. E9–2481 Filed 2–5–09; 8:45 am] strikes below $3. and discussed any comments it received After carefully reviewing the BILLING CODE 8011–01–P on the proposed rule change. The text proposed rule change, the Commission of those statements may be examined at the places specified in Item IV below. finds that the proposal is consistent SECURITIES AND EXCHANGE with the requirements of the Act and the The Exchange has prepared summaries, COMMISSION rules and regulations thereunder set forth in sections A, B, and C below, applicable to a national securities [Release No. 34–59331; File No. SR–CBOE– of the most significant parts of such exchange.5 In particular, the 2009–003] statements. Commission finds that the proposed rule change is consistent with Section Self-Regulatory Organizations; A. Self-Regulatory Organization’s 6(b)(5) of the Act,6 which, among other Chicago Board Options Exchange, Statement of the Purpose of, and things, requires that the rules of a Incorporated; Notice of Filing and Statutory Basis for, the Proposed Rule national securities exchange be Immediate Effectiveness of a Proposed Change Rule Change Related to Trades for designed to promote just and equitable 1. Purpose principles of trade, to foster cooperation Less Than $1 and coordination with persons engaged January 30, 2009. An ‘‘accommodation’’ or ‘‘cabinet’’ in regulating transactions in securities, Pursuant to Section 19(b)(1) of the trade refers to trades in listed options on to remove impediments to and perfect Securities Exchange Act of 1934 (the the Exchange that are worthless or not the mechanism of a free and open ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 actively traded. Cabinet trading is market and a national market system notice is hereby given that on January generally conducted in accordance with and, in general, to protect investors and 29, 2009, the Chicago Board Options the Exchange Rules, except as provided the public interest. Exchange, Incorporated (‘‘Exchange’’ or in Exchange Rule 6.54, Accommodation CBOE’s rules provide that a security ‘‘CBOE’’) filed with the Securities and Liquidations (Cabinet Trades), which underlying an option will not be Exchange Commission (the sets forth specific procedures for deemed to meet the requirements for ‘‘Commission’’) the proposed rule engaging in cabinet trades. Rule 6.54 continued approval if the underlying change as described in Items I and II currently provides for cabinet security ceases to be an NMS stock.7 below, which Items have been prepared CBOE’s rules also include other transactions to occur via open outcry at by the Exchange. The Exchange filed the minimum standards for continued a cabinet price of $1 per option contract proposal as a ‘‘non-controversial’’ approval, including requirements in any options series open for trading in proposed rule change pursuant to related to the minimum number of the Exchange, except that the Rule is not Section 19(b)(3)(A)(iii) of the Act 3 and outstanding shares, number of holders, applicable to trading in option classes Rule 19b–4(f)(6) thereunder,4 which and trading volume of the underlying participating in the Penny Pilot renders the proposal effective upon security.8 The Commission believes that Program. Under the procedures, bids filing with the Commission. The securities underlying options traded on and offers (whether opening or closing Commission is publishing this notice to CBOE will remain subject to adequate a position) at a price of $1 per option solicit comments on the proposed rule minimum standards for continued contract may be represented in the change from interested persons. approval, which should help to ensure trading crowd by a Floor Broker or by that only options on liquid underlying I. Self-Regulatory Organization’s a Market-Maker or provided in response securities are permitted to trade on Statement of the Terms of Substance of to a request by a PAR Official/OBO, a CBOE. The Commission also notes that the Proposed Rule Change Floor Broker or a Market-Maker, but the NYSE Euronext letter generally The Exchange is proposing to extend must yield priority to all resting orders its program that allows transactions to in the PAR Official/OBO cabinet book 5 In approving this proposed rule change, the take place at a price that is below $1 per (which resting cabinet book orders may Commission has considered the proposed rule’s be closing only). So long as both the impact on efficiency, competition, and capital option contract until May 29, 2009. The formation. See 15 U.S.C. 78c(f). text of the proposed rule change is buyer and the seller yield to orders 6 15 U.S.C. 78f(b)(5). available on the Exchange’s Web site resting in the cabinet book, opening 7 See CBOE Rule 5.4.01(f). Rule 600 of Regulation cabinet bids can trade with opening NMS defines an NMS security as ‘‘any security or 9 See NYSE Euronext Letter, supra note 4. cabinet offers at $1 per option contract. class of securities for which transaction reports are 10 15 U.S.C. 78s(b)(2). collected, processed, and made available pursuant On December 30, 2008, the Exchange 11 to an effective transaction reporting plan, or an 17 CFR 200.30–3(a)(12). temporarily amended the procedures 1 effective national market system plan for reporting 15 U.S.C. 78s(b)(1). through January 30, 2009 to allow transactions in listed options,’’ and an NMS stock 2 17 CFR 240.19b–4. as ‘‘any NMS security other than an option.’’ 3 15 U.S.C. 78s(b)(3)(A)(iii). transactions to take place in open outcry 8 See CBOE Rule 5.4.01(a)–(c). 4 17 CFR 240.19b–4(f)(6). at a price of at least $0 but less than $1

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per option contract.5 These lower priced pending review by the Commission of a CBOE has requested that the transactions are traded pursuant to the separate proposed CBOE rule change Commission waive the 30-day operative same procedures applicable to $1 filing that will seek permanent approval delay to enable Interpretations and cabinet trades, except that (i) bids and of the temporary procedures pursuant to Policies .03 to CBOE Rule 6.54 to offers for opening transactions are only Section 19(b)(2) of the Act.8 continue in effect without interruption permitted to accommodate closing while the Exchange formulates a 2. Statutory Basis transactions in order to limit use of the permanent rule change that will be procedure to liquidations of existing The Exchange believes the proposed submitted for Commission review positions, and (ii) the procedures are rule change is consistent with the Act 9 pursuant to Section 19(b)(2) of the also available for trading in option and the rules and regulations Act.14 The Exchange argues that the classes participating in the Penny Pilot thereunder and, in particular, the extension of the temporary program that Program.6 The Exchange believes that requirements of Section 6(b) of the allows for accommodation liquidations allowing a price of at least $0 but less Act.10 Specifically, the Exchange to occur at less than $1 per option than $1 better accommodates the closing believes the proposed rule change is contract would allow for the orderly of options positions in series that are consistent with the Section 6(b)(5) 11 closing of option positions that are worthless or not actively traded, requirements that the rules of an worthless and not actively traded. The particularly due to recent market exchange be designed to promote just Commission believes that waiving the conditions which have resulted in a and equitable principles of trade, to 30-day operative delay 15 is consistent significant number of series being out- prevent fraudulent and manipulative with the protection of investors and the of-the-money. For example, a market acts, to remove impediments to and to public interest. Therefore, the participant might have a long position perfect the mechanism for a free and Commission designates the proposal in a call series with a strike price of open market and a national market operative upon filing. $100 and the underlying stock might system, and, in general, to protect At any time within 60 days of the now be trading at $30. In such an investors and the public interest. The filing of the proposed rule change, the instance, there might not otherwise be a Exchange believes that allowing for Commission may summarily abrogate market for that person to close-out the liquidations at a price less than $1 per such rule change if it appears to the position even at the $1 cabinet price option contract better facilitates the Commission that such action is (e.g., the series might be quoted no closing of options positions that are necessary or appropriate in the public bid).7 worthless or not actively trading. interest, for the protection of investors, The purpose of the instant rule B. Self-Regulatory Organization’s or otherwise in furtherance of the change is to extend the operation of purposes of the Act. these temporary procedures through Statement on Burden on Competition May 29, 2009, so that the procedures CBOE does not believe that the IV. Solicitation of Comments can continue without interruption proposed rule change will impose any Interested persons are invited to burden on competition not necessary or submit written data, views, and 5 Securities Exchange Act Release No. 59188 appropriate in furtherance of the arguments concerning the foregoing, (December 30, 2008), 74 FR 480 (January 6, 2009) purposes of the Act. (SR–CBOE–2008–133). including whether the proposed rule 6 Currently the $1 cabinet trading procedures are C. Self-Regulatory Organization’s change is consistent with the Act. limited to options classes traded in $0.05 or $0.10 Statement on Comments on the Comments may be submitted by any of standard increment. The $1 cabinet trading the following methods: procedures are not available in Penny Pilot Program Proposed Rule Change Received From classes because in those classes an option series can Members, Participants or Others Electronic Comments trade in a standard increment as low as $0.01 per share (or $1.00 per option contract with a 100 share The Exchange neither solicited nor • Use the Commission’s Internet multiplier). Because the temporary procedures received comments on the proposal. comment form (http://www.sec.gov/ allow trading below $0.01 per share (or $1.00 per option contract with a 100 share multiplier), the III. Date of Effectiveness of the rules/sro.shtml); or procedures are available for all classes, including Proposed Rule Change and Timing for • Send an e-mail to rule- those classes participating in the Penny Pilot Commission Action [email protected]. Please include File Program. Number SR–CBOE–2009–003 on the 7 Because the foregoing proposed rule As with other accommodation liquidations subject line. under Rule 6.54, transactions that occur for less change does not: (i) Significantly affect than $1 are not be disseminated to the public on the protection of investors or the public Paper Comments the consolidated tape. In addition, as with other interest; (ii) impose any significant accommodation liquidations under Rule 6.54, the • Send paper comments in triplicate burden on competition; or (iii) become transactions are exempt from the Consolidated to Elizabeth M. Murphy, Secretary, Options Audit Trail (‘‘COATS’’) requirements of operative for 30 days from the date on Securities and Exchange Commission, Exchange Rule 6.24, Required Order Information. which it was filed, or such shorter time However, the Exchange maintains quotation, order 100 F Street, NE., Washington, DC as the Commission may designate if and transaction information for the transactions in 20549–1090. the same format as the COATS data is maintained. consistent with the protection of In this regard, all transactions for less than $1 must investors and the public interest, it has All submissions should refer to File be reported to the Exchange following the close of become effective pursuant to Section Number SR–CBOE–2009–003. This file each business day. The rule also provides that 12 number should be included on the transactions for less than $1 will be reported for 19(b)(3)(A) of the Act and Rule 19b– clearing utilizing forms, formats and procedures 4(f)(6) thereunder.13 established by the Exchange from time to time. In the proposed rule change at least five business days prior to the date of filing of the proposed rule this regard, the Exchange initially intends to have 8 15 U.S.C. 78s(b)(2). clearing firms directly report the transactions to The change, or such shorter time as designated by the 9 15 U.S.C. 78f(b)(1). Options Clearing Corporation (‘‘OCC’’) using OCC’s Commission. CBOE has satisfied this requirement. 10 position adjustment/transfer procedures. This 15 U.S.C. 78f(b). 14 15 U.S.C. 78s(b)(2). The Commission notes that manner of reporting transactions for clearing is 11 15 U.S.C. 78f(b)(5). CBOE has not yet filed that proposal. similar to the procedure that CBOE currently 12 15 U.S.C. 78s(b)(3)(A). 15 For purposes only of waiving the 30-day employs for on-floor position transfer packages 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– operative delay, the Commission has considered the executed pursuant to Exchange Rule 6.49A, 4(f)(6) requires a self-regulatory organization to give proposed rule’s impact on efficiency, competition, Transfer of Positions. the Commission written notice of its intent to file and capital formation. See 15 U.S.C. 78c(f).

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subject line if e-mail is used. To help the Securities Exchange Act of 1934 particular, with Section 15A(b)(6) of the Commission process and review your (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a Act,7 which requires, among other comments more efficiently, please use proposed rule change to adopt NASD things, that FINRA rules be designed to only one method. The Commission will IM–2110–5 as FINRA Rule 5240 in the prevent fraudulent and manipulative post all comments on the Commission’s consolidated FINRA rulebook acts and practices, to promote just and Internet Web site (http://www.sec.gov/ (‘‘Consolidated FINRA Rulebook’’) 3 equitable principles of trade, and, in rules/sro.shtml). Copies of the without material change. The proposed general, to protect investors and the submission, all subsequent rule change was published for comment public interest. The Commission notes amendments, all written statements in the Federal Register on December 29, that FINRA originally adopted NASD with respect to the proposed rule 2008.4 The Commission received no IM–2110–5 to fulfill part of its 1996 change that are filed with the comment letters in response to the settlement agreement 8 with the SEC.9 Commission, and all written proposed rule change. This order FINRA’s adoption of NASD IM–2110–5 communications relating to the approves the proposed rule change. as FINRA Rule 5240 in the Consolidated proposed rule change between the NASD IM–2110–5 currently identifies FINRA Rulebook provides notice to Commission and any person, other than three general types of conduct that are members of behavior that violates just those that may be withheld from the inconsistent with just and equitable and equitable principles of trade. public in accordance with the principles of trade: 5 (1) Coordinating It is therefore ordered, pursuant to provisions of 5 U.S.C. 552, will be activities by members involving Section 19(b)(2) of the Act,10 that the available for inspection and copying in quotations, prices, trades, and trade proposed rule change (SR–FINRA– the Commission’s Public Reference reporting (e.g., agreements to report 2008–061) be, and hereby is, approved. Room, 100 F Street, NE., Washington, trades inaccurately or maintain certain minimum spreads); (2) ‘‘directing or For the Commission, by the Division of DC 20549, on official business days Trading and Markets, pursuant to delegated between the hours of 10 a.m. and 3 p.m. requesting’’ another member to alter authority.11 prices or quotations; and (3) engaging in Copies of such filing also will be Florence E. Harmon, available for inspection and copying at conduct that threatens, harasses, coerces, intimidates, or otherwise Deputy Secretary. the principal office of the Exchange. All [FR Doc. E9–2530 Filed 2–5–09; 8:45 am] comments received will be posted attempts improperly to influence BILLING CODE 8011–01–P without change; the Commission does another member or person associated not edit personal identifying with a member. The IM also sets forth information from submissions. You seven specific exclusions that identify bona fide commercial activity that is SECURITIES AND EXCHANGE should submit only information that COMMISSION you wish to make publicly available. All permitted (e.g., bona fide negotiations submissions should refer to File and unilateral decisions regarding spreads). The proposed rule change [Release No. 34–59340; File No. SR–FINRA– Number SR–CBOE–2009–003 and 2008–047] should be submitted on or before would renumber NASD IM–2110–5 as February 27, 2009. FINRA Rule 5240 in the Consolidated Self-Regulatory Organizations; FINRA Rulebook. For the Commission, by the Division of Financial Industry Regulatory After careful review, the Commission Authority, Inc.; Order Approving Trading and Markets, pursuant to delegated finds that the proposed rule change is authority.16 Proposed Rule Change To Amend the consistent with the requirements of the Codes of Arbitration Procedure To Florence E. Harmon, Act, and the rules and regulations Deputy Secretary. Raise the Amount in Controversy thereunder that are applicable to a Heard by a Single Chair-Qualified [FR Doc. E9–2528 Filed 2–5–09; 8:45 am] 6 national securities association, and in Arbitrator to $100,000 BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1). February 2, 2009. 2 17 CFR 240.19b–4. SECURITIES AND EXCHANGE 3 The current FINRA rulebook consists of two sets I. Introduction COMMISSION of rules: (1) NASD Rules and (2) rules incorporated from NYSE (‘‘Incorporated NYSE Rules’’) (together The Financial Industry Regulatory [Release No. 34–59335; File No. SR–FINRA– referred to as the ‘‘Transitional Rulebook’’). The Authority, Inc. (‘‘FINRA’’) (f/k/a 2008–061] Incorporated NYSE Rules apply only to those National Association of Securities members of FINRA that are also members of the Dealers, Inc. (‘‘NASD’’)) filed with the NYSE (‘‘Dual Members’’). Dual members must also Self-Regulatory Organizations; comply with NASD Rules. For more information Securities and Exchange Commission Financial Industry Regulatory about the rulebook consolidation process, see (‘‘SEC’’ or ‘‘Commission’’) on September Authority, Inc.; Order Approving FINRA Information Notice, March 12, 2008 18, 2008, pursuant to Section 19(b)(1) of Proposed Rule Change To Adopt (‘‘Rulebook Consolidation Process’’). the Securities Exchange Act of 1934 FINRA Rule 5240 (Anti-Intimidation/ 4 See Securities Exchange Act Release No. 59119 (December 18, 2008), 73 FR 79527. 7 Coordination) in the Consolidated 5 NASD Rule 2110 requires members to ‘‘observe 15 U.S.C. 78o–3(b)(6). FINRA Rulebook high standards of commercial honor and just and 8 See In the Matter of National Association of equitable principles of trade.’’ On September 25, Securities Dealers, Inc., Administrative Proceeding February 2, 2009. 2008, the Commission approved adopting NASD File No. 3–9056, Securities Exchange Act Release On December 11, 2008, the Financial Rule 2110 into the Consolidated FINRA Rulebook No. 37538 (August 8, 1996). 9 Industry Regulatory Authority, Inc. as FINRA Rule 2010 without substantive change. See Securities Exchange Act Release No. 38845 See Securities Exchange Act Release No. 58643 (July 17, 1997), 62 FR 39564 (July 23, 1997). (‘‘FINRA’’) (f/k/a National Association (September 25, 2008), 73 FR 57174 (October 1, Although FINRA is not making material changes to of Securities Dealers, Inc. (‘‘NASD’’)), 2008). That rule change took effect on December 15, the rule, one of the minor changes made by FINRA filed with the Securities and Exchange 2008. See FINRA Regulatory Notice 08–57 (October is to add the phrase ‘‘or other person’’ to paragraphs Commission (‘‘Commission’’ or ‘‘SEC’’), 2008). (a)(1) and (a)(3) of the rule to clarify that 6 In approving this proposal, the Commission has coordination with or intimidation of a non-FINRA pursuant to Section 19(b)(1) of the considered the proposed rule’s impact on member is covered by the rule. efficiency, competition and capital formation. See 10 15 U.S.C. 78s(b)(2). 16 17 CFR 200.30–3(a)(12). 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12).

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(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a request.7 Claims of more than $100,000, means they would only research the proposed rule change to amend the or claims that do not specify any disclosures and histories of eight Code of Arbitration Procedure for amount in controversy, would continue proposed arbitrators instead of 24. Customer Disputes (‘‘Customer Code’’) to be heard by three arbitrators unless Parties would also benefit from and the Code of Arbitration Procedure the parties agree in writing to one reduced hearing session fees. For claims for Industry Disputes (‘‘Industry Code,’’ arbitrator.8 between $25,000.01 and $50,000, parties and together with the Customer Code, Currently, if the amount of a claim is would save $150 per hearing session 12 the ‘‘Codes’’) to raise the amount in $25,000 or less, a single arbitrator is because hearing session fees would be controversy that will be heard by a appointed to resolve the matter. If the reduced from $600 (for a hearing with single chair-qualified arbitrator to amount of a claim is more than $25,000, three arbitrators) to $450 (for a hearing $100,000.3 The proposed rule change but not more than $50,000, a single with one arbitrator).13 For claims was published for comment in the arbitrator is appointed, unless a party between $50,000.01 and $100,000, the Federal Register on October 2, 2008.4 asks for three arbitrators in its initial savings would be $300 per hearing The Commission received seven pleading. Claims for over $50,000, or session because hearing session fees comments in response to the proposed claims that do not specify any amount would be reduced from $750 (for a rule change.5 This order approves the in controversy, are heard by a panel of hearing with three arbitrators) to $450 proposed rule change. three arbitrators.9 (for a hearing with one arbitrator). The FINRA also proposed to remove the parties’ cost for photocopying pleadings II. Description of the Proposed Rule current option for one party unilaterally and exhibits would be reduced by two- Change to require three arbitrators in certain thirds. FINRA would benefit from a FINRA proposed to amend its cases with claims for more than more efficient use of its arbitrator roster Customer Code and Industry Code to $25,000.10 FINRA believes this is not an since cases for $100,000 or less would raise the amount in controversy that efficient use of resources, as it requires use only one arbitrator instead of three. would be heard by a single arbitrator to other parties to incur higher hearing FINRA’s photocopying costs and $100,000, exclusive of interest and session costs and additional delays mailing expenses would also be expenses.6 The arbitrator would be caused by scheduling three arbitrators reduced. selected from the roster of arbitrators instead of one. Therefore, the proposed who are qualified to serve as rule would mandate a single arbitrator III. Comment Letters chairpersons. This means that investors’ in all such cases unless all parties agree, The Commission received seven claims for up to $100,000 would be in writing, to request a three-person comments on the proposal, as well as heard by a public, chair-qualified panel. FINRA’s response to comments 14, all of arbitrator. In FINRA’s view, raising the threshold which are discussed below. Under the proposal, parties would be for claims heard by a single arbitrator Most commenters, particularly permitted to request a panel of three would increase efficiencies and securities claimants’ attorneys and legal arbitrators for claims of more than decrease costs for parties and FINRA. clinics representing claimants, generally $25,000, but not more than $100,000, if Parties would experience reduced case supported the proposal.15 Some all parties agreed in writing to the processing times because of the commenters supported the proposal in flexibility associated with scheduling part.16 One commenter, a registered 1 15 U.S.C. 78s(b)(1). conference calls and hearing dates with broker-dealer, opposed the entire 2 17 CFR 240.19b–4. one arbitrator as opposed to three. proposal.17 Six commenters 18 3 The former NASD Rule 12000 Series (Customer Parties would save time in the arbitrator supported increasing the monetary Code) and 13000 Series (Industry Code) have been threshold under which disputes would adopted as the FINRA 12000 Series (Customer selection process because they would Code) and 13000 Series (Industry Code) in the new receive only one list of eight names from be heard by a single arbitrator; four consolidated rulebook pursuant to SR–FINRA– which to choose their arbitrator, rather commenters 19 supported requiring the 2008–021, which was approved by the Commission. than three lists of eight names.11 This consent of all parties for a three- See Securities Exchange Act Release No. 58643 arbitrator panel for claims under (September 25, 2008), 73 FR 57174 (October 1, 20 2008) (SR–FINRA–2008–021) (approval order). The 7 Id. $100,000; and three commenters FINRA Rule 12000 Series (Customer Code) and 8 See proposed amendments to Rules 12401(c) opposed requiring single arbitrators to 13000 Series (Industry Code), as set forth in SR– and 13401(c). 9 FINRA–2008–021, became effective on December See Rules 12401 and 13401. The current parties along with each arbitrator’s employment 15, 2008. See FINRA Regulatory Notice 08–57 (SEC threshold for appointing one or three arbitrators has history for the prior 10 years and other background Approves New Consolidated FINRA Rules) (October been in effect since 1998. See Securities Exchange information (see Rules 12403 and 13403). 2008). Act Release No. 38635 (May 14, 1997), 62 FR 27819 12 The term ‘‘hearing session’’ means any meeting 4 (May 21, 1997) (SR–NASD–97–22) (approval order) See Securities Exchange Act Release No. 58651 between the parties and arbitrator(s) of four hours and NASD Notice to Members 98–90. Customer (September 25, 2008), 73 FR 57391 (October 2, or less, including a hearing or a pre-hearing disputes are resolved by a single, chair-qualified 2008) (SR–FINRA–2008–047) (‘‘Rulemaking conference. See Rules 12100(n) and 13100(n). For public arbitrator or a majority-public panel Notice’’). full day hearings, the savings would be $300 for 5 See Stephen B. Caruso, Esq., dated October 9, consisting of a public arbitrator, a chair-qualified claims between $25,000.01 and $50,000, and $600 2008 (‘‘Caruso Letter’’); Barry D. Estell, Esq., dated public arbitrator, and a non-public arbitrator. for claims between $50,000.01 and $100,000. Industry disputes are resolved by a public panel or October 20, 2008 (‘‘Estell Letter’’); Laurence S. 13 See Rules 12902 and 13902. Schultz, Esq., Public Investors Arbitration Bar a non-public panel depending upon the parties to 14 Letter from Margo A. Hassan, FINRA, dated Association, dated October 20, 2008 (‘‘PIABA the controversy and the nature of the claims December 2, 2008 (‘‘FINRA Letter’’). Letter’’); David P. Neuman, Esq., dated October 23, asserted (see Rules 13402 and 13802). 15 2008 (‘‘Neuman Letter’’); William A. Jacobsen, Esq. 10 See proposed amendments to Rules 12401(b) Caruso, PIABA, Neuman, Cornell Securities and Seth M. Nadler, Cornell Securities Law Clinic, and 13401(b). Law Clinic, and John Jay Legal Services Letters. 16 dated October 23, 2008 (‘‘Cornell Securities Law 11 For example, for customer cases, if the panel See Estell Letter. 17 Clinic Letter’’); Gregory M. Scanlon, Esq., Charles consists of one arbitrator, the Neutral List Selection See Charles Schwab Letter. Schwab & Co., Inc., dated October 23, 2008 System (‘‘the System’’) generates a list of eight 18 See Caruso, Estell, PIABA, Neuman, Cornell (‘‘Charles Schwab Letter’’); and Jill Gross, Esq. and public arbitrators from the chairperson roster. If the Securities Law Clinic, and John Jay Legal Services Stephanie Myers, John Jay Legal Services, Inc., panel consists of three arbitrators, the System Letters. dated October 23, 2008 (‘‘John Jay Legal Services generates a list of eight public arbitrators from the 19 See PIABA, Cornell Securities Law Clinic, John Letter’’). chairperson roster, a list of eight arbitrators from the Jay Legal Services and Neuman Letters. 6 See proposed amendments to Rules 12401(b) public roster, and a list of eight arbitrators from the 20 See Estell, PIABA, and Cornell Securities Law and 13401(b). non-public roster. FINRA sends the lists to the Clinic Letters.

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be chair-qualified. One commenter by a single arbitrator—roughly a third— Notice announcing the rule change how noted that the proposed rule change did to what it was when the single arbitrator the $100,000 threshold will be applied not mention any change to the filing threshold was last increased in 1998. In and declined to revise the proposal as fees that investors would pay to bring an particular, FINRA expects that the requested.33 arbitration claim.21 proposal would double the percentage Requiring Single Arbitrators To Be of single-arbitrator cases from Detailed Discussion of Comments and Chair-Qualified FINRA Response approximately 17 percent to 34 percent. In addition, by eliminating the option Several commenters opposed the Increasing the Monetary Threshold for one party unilaterally to request requirement that single arbitrators be Under Which Disputes Would Be Heard three arbitrators in cases with claims of chair-qualified.34 One commenter noted by a Single Arbitrator more than $25,000, FINRA stated that that the chair-qualification requirement Proposed amendments to Rules all parties will benefit by increased would make it more difficult for 12401(b) and 13401(b) would raise the efficiencies and cost savings. For these arbitrators to get the required ‘‘service’’ amount in controversy that would be reasons, FINRA declined to amend the to become chair-qualified, and would heard by a single arbitrator to $100,000, proposed single arbitrator threshold.28 reduce the pool of available chair- 35 exclusive of interest and expenses. Most Consent of All Parties for a Three- qualified arbitrators. Another commenters supported increasing the Arbitrator Panel for Claims Under commenter posited that this monetary threshold under which $100,000 requirement would produce a small, disputes would be heard by a single insulated pool of repeat arbitrators and arbitrator.22 These commenters Proposed amendments to Rules undercut efforts to ensure non-biased generally agreed with statements in the 12401(b) and 13401(b) would provide hearings through random selection of Rulemaking Notice that the increased that a panel of three arbitrators would arbitrators.36 One commenter called this threshold would reduce arbitration costs hear claims of more than $25,000, but requirement ‘‘a further erosion of and increase efficiency for arbitration not more than $100,000, if all parties investor rights,’’ and expressed concern participants by saving them time and agreed in writing to the request. Most that chair-qualified arbitrators may be money.23 Some commenters suggested commenters either specifically biased towards member firms.37 The increasing the threshold for one- supported requiring the consent of all commenter also estimated, without arbitrator panels to $200,000 24 or parties for a three-arbitrator panel for explanation, that under the proposed $250,000.25 One commenter opposed claims under $100,000,29 or implicitly rule change, it could take ten or more expanding the availability of single- supported it by expressing support for years for an otherwise qualified neutral arbitrator panels, stating that the the entire proposed rule change.30 One arbitrator to become chair-qualified.38 maximum savings of $600 per day of commenter supported this provision, FINRA responded by noting that it is hearings estimated by FINRA (or $300 and to guarantee its effectiveness, urged not proposing to amend the rules per party per day) are insufficient to FINRA to clarify that a party may only relating to the chairperson rosters or the 26 justify the rule change. This unilaterally procure a three-arbitrator composition of arbitration panels. commenter also stated that smaller panel if at least one of the parties asserts FINRA stated that it understands that hearing panels will degrade the decision aggregate claims in excess of raising the threshold for a single chair- 31 making process for FINRA awards, $100,000. This commenter also qualified arbitrator will result in fewer because, under the current rule, expressed concern that the proposed arbitrators serving on certain cases. decision making is a collaborative rule could be interpreted to permit a FINRA believes that appointing chair- process in which all arbitrators benefit single party to compel a three-arbitrator qualified arbitrators to resolve claims up from one another’s viewpoints. panel if multiple parties’ claims exceed to $100,000 would ensure that parties Moreover, this commenter opined that $100,000 when aggregated, even if no have experienced arbitrators resolving 32 in some cases, one arbitrator’s single party’s claims exceed $100,000. their disputes. FINRA also noted that, in inaccurate view can be nullified by the FINRA responded that it does not addition to completing FINRA’s 27 arbitrator’s colleagues’ majority ruling. intend to change its current practice chairperson training, chair-qualified FINRA responded to these comments with respect to aggregating claims. arbitrators must either (i) have a law by indicating that it believes that the Currently, upon receipt of a statement of degree and have served as an arbitrator proposal, as filed, strikes the right claim and an answer thereto, FINRA through award on at least two cases, or balance between offering users an staff determines the total amount (ii) have served as an arbitrator through efficient and cost effective forum and claimed by claimants and the total award on at least three cases.39 providing three-arbitrator panels for amount claimed by respondents, and disputes that involve greater amounts in appoints the number of arbitrators Filing Fees That Investors Would Pay To controversy or that do not specify an required by Rules 12401 and 13401. In Bring an Arbitration Claim amount in controversy. By raising the doing so, FINRA staff only aggregates a One commenter noted that the threshold as proposed, FINRA would be claimant’s claim with another proposed rule change did not mention restoring the proportion of cases heard claimant’s claim, or a respondent’s any change to the filing fees that claim with another respondent’s claim. investors would pay to bring an 21 See Caruso Letter. FINRA staff does not aggregate all of the 22 See Caruso, Estell, PIABA, Neuman, Cornell parties’ claims (e.g., claimants’ claims Securities Law Clinic, and John Jay Legal Services 33 See FINRA Letter. Letters. with respondents’ claims). FINRA stated 34 See Estell, PIABA, and Cornell Securities Law 23 See Caruso, PIABA, Neuman, and Cornell that it will explain in the Regulatory Clinic Letters. Securities Law Clinic Letters. 35 See PIABA Letter. FINRA Rule 13400 requires 24 See John Jay Legal Services Letter. 28 See FINRA Letter. an arbitrator to have served in a minimum number 25 See Caruso and PIABA Letters. The PIABA 29 See PIABA, Cornell Securities Law Clinic, and of cases to be eligible to be chair-qualified. Letter supported raising the amount in controversy John Jay Legal Services Letters. 36 See Cornell Securities Law Clinic Letter. at the option of the investor. 30 See Neuman Letter. 37 See Estell Letter. 26 See Charles Schwab Letter. 31 See Cornell Securities Law Clinic Letter. 38 See Estell Letter. 27 Id. 32 Id. 39 See FINRA Letter.

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arbitration claim.40 This commenter agree to have their case heard by a panel SECURITIES AND EXCHANGE suggested that the economic benefits of three arbitrators. COMMISSION that will inure to FINRA from reduced The Commission believes that FINRA has responded adequately to the [Release No. 34–59332; File No. SR– arbitration costs should be passed NYSEArca–2008–136] through to public investors in terms of comments regarding increasing the reduced filing fees.41 monetary threshold under which Self-Regulatory Organizations; NYSE disputes would be heard by a single FINRA responded by stating that it Arca, Inc.; Order Approving Proposed arbitrator. The Commission agrees that considered the effect of the proposal on Rule Change Amending NYSE Arca the proposal, as filed, balances offering Equities Rule 5.2(j)(6) Relating to the all fees imposed by the forum. FINRA users an efficient and cost-effective indicated that the significant cost Initial Listing Standards for Equity forum for disputes of $100,000 or less Index-Linked Securities, Commodity- savings for hearing sessions with a and providing three-arbitrator panels for single arbitrator represent the greatest Linked Securities, Currency-Linked disputes that involve greater amounts or Securities, Fixed Income Index-Linked impact of the proposal to users of the that do not specify an amount in forum. For example, under the proposal Securities, Futures-Linked Securities controversy. The Commission also and Multifactor Index-Linked Securities the forum fees for a dispute involving agrees that parties in these cases will $75,000 will decrease from $750 to $450 experience reduced case processing January 30, 2009. per four-hour hearing session. FINRA times because of the flexibility has not proposed to amend the initial associated with scheduling conference I. Introduction filing fees, which are already based on calls and hearing dates with one On December 10, 2008, NYSE Arca, the amount in dispute, and which may arbitrator rather than three, and that Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed be reallocated by the panel at the end of FINRA would benefit from a more with the Securities and Exchange the case. The Codes will continue to efficient use of its arbitrator roster. Commission (‘‘Commission’’), pursuant provide that the Director of Arbitration The Commission also believes that to Section 19(b)(1) of the Securities may defer payment of all or part of the FINRA has adequately responded to Exchange Act of 1934 (‘‘Act’’) 1 and Rule filing fee if a claimant has demonstrated comments regarding the aggregation of 19b–4 thereunder,2 a proposed rule a financial hardship. Moreover, parties claims in calculating whether the change to amend NYSE Arca Equities will continue to be able to request that $100,000 threshold has been met. The Rule 5.2(j)(6), which sets forth listing the panel consider assessing all or part Commission notes that FINRA is not standards for Equity Index-Linked of any filing fee on other parties in the changing its current practice with Securities, Commodity-Linked case. For these reasons, FINRA declined respect to aggregating claims, and Securities, Currency-Linked Securities, to revise the forum’s filing fees.42 clarifying this practice in the Regulatory Fixed Income Index-Linked Securities, Notice announcing the rule change IV. Discussion and Findings Futures-Linked Securities and should help to resolve any ambiguity Multifactor Index-Linked Securities After careful review of the proposed about how FINRA will determine (‘‘Index-Linked Securities’’). The rule change, the comments, and whether a matter may be heard by a proposed rule change was published in FINRA’s response to the comments, the single arbitrator. the Federal Register on December 31, The Commission also believes that Commission finds that the proposed 2008.3 The Commission received no FINRA has adequately responded to rule change is consistent with the comments on the proposal. This order comments regarding the requirement approves the proposed rule change. requirements of the Act, and the rules that single arbitrators be chair-qualified and regulations thereunder that are arbitrators. The Commission agrees that II. Description of the Proposal applicable to a national securities appointing chair-qualified arbitrators to association.43 In particular, the The Exchange proposes to amend one resolve claims up to $100,000 would of the requirements of NYSE Arca Commission believes the proposed rule ensure that parties have experienced change is consistent with the provisions Equities Rule 5.2(j)(6), which sets forth arbitrators resolving their disputes. the listing standards for Index-Linked of Section 15A(b)(6) of the Act,44 which The Commission also believes that requires, among other things, that Securities. Rule 5.2(j)(6) permits the FINRA has adequately responded to Exchange to consider for listing and FINRA rules must be designed to comments regarding filing fees that prevent fraudulent and manipulative trading Index-Linked Securities investors would pay to bring a claim. pursuant to Rule 19b–4(e) under the acts and practices, to promote just and The Commission agrees that parties will equitable principles of trade, and, in Act, provided that, among other things, realize cost savings for hearing sessions in no event will a loss or negative general, to protect investors and the with a single arbitrator. public interest. The Commission payment at maturity be accelerated by a believes that the proposed rule change V. Conclusions multiple that exceeds twice the will reduce costs for participants in It is therefore ordered, pursuant to performance of an underlying Reference FINRA arbitration proceedings with Section 19(b)(2) of the Act,45 that the Asset. The Exchange proposes to amend claims of greater than $25,000 but no proposed rule change (SR–FINRA– Rule 5.2(j)(6)(A)(d) to provide that in no more than $100,000 who have their 2008–047) be, and hereby is, approved. event will a loss or negative payment at matters heard before a single arbitrator, maturity be accelerated by a multiple For the Commission, by the Division of that exceeds three times the while preserving the parties’ ability to Trading and Markets, pursuant to delegated authority.46 performance of an underlying Reference Asset. The Exchange proposes this 40 Florence E. Harmon, See Caruso Letter. change to allow it to list and trade 41 Id. Deputy Secretary. Index-Linked Securities that employ 42 See FINRA Letter. [FR Doc. E9–2531 Filed 2–5–09; 8:45 am] 43 In approving this proposal, the Commission has considered the proposed rule’s impact on BILLING CODE 8011–01–P 1 15 U.S.C. 78s(b)(1). efficiency, competition and capital formation. See 2 17 CFR 240.19b–4. 15 U.S.C. 78c(f). 45 15 U.S.C. 78s(b)(2). 3 See Securities Exchange Act Release No. 59146 44 15 U.S.C. 78o–3(b)(6). 46 17 CFR 200.30–3(a)(12). (December 22, 2008), 73 FR 80504.

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investment strategies similar or the Act.10 The Commission notes that it of NYSE Arca Equities Rule 9.2(a) prior analogous to certain exchange-traded has previously approved a proposed to the commencement of trading in such funds which list and trade on the rule change that would permit the securities. Exchange pursuant to NYSE Arca Exchange to list and trade, pursuant to In sum, the Commission believes that Equities Rule 5.2(j)(3).4 Currently, Rule 19b–4(e) under the Act, exchange- the Exchange’s amendment to NYSE exchange-traded funds are able to seek traded funds that seek daily investment Arca Equities Rule 5.2(j)(6) relating to daily investment results, before fees and results, before fees and expenses, that the listing and trading of Index-Linked expenses, that correspond to three times correspond to three times the inverse or Securities should fulfill the intended the inverse or opposite of the daily opposite of the daily performance objective of Rule 19b–4(e) under the Act performance (¥300%) of the underlying (¥300%) of the underlying indexes.11 by allowing such derivative securities indexes. With respect to the listing and trading products to be listed and traded without For Index-Linked Securities that are of Index-Linked Securities that would separate Commission approval. The structured to allow a loss or negative allow a loss or negative payment at Commission believes that the proposed payment at maturity that may be maturity that is accelerated by a rule change should facilitate the listing accelerated by a multiple that exceeds multiple that exceeds three times the and trading of additional types of Index- three times the performance of an performance of an underlying Reference Linked Securities and reduce the time underlying Reference Asset, the Asset, the Commission further notes frame for bringing these securities to Exchange’s proposal would continue to that the Exchange would be required to market. require specific Commission approval obtain prior Commission approval For the foregoing reasons, the pursuant to Section 19(b)(2) of the Act.5 pursuant to Section 19(b)(2) of the Commission finds that the proposed 12 In particular, NYSE Arca Equities Rule Act. rule change is consistent with the Act.13 5.2(j)(6) would expressly prohibit such The Commission also notes that Index-Linked Securities must comply IV. Conclusion Index-Linked Securities from being with all of the applicable provisions approved by the Exchange for listing It is therefore ordered, pursuant to under NYSE Arca Equities Rule 5.2(j)(6), 14 and trading pursuant to Rule 19b–4(e) Section 19(b)(2) of the Act, that the as proposed to be amended, and all under the Act.6 proposed rule change (SR–NYSEArca– other requirements applicable to Index- 2008–136) be, and it hereby is, III. Discussion and Commission’s Linked Securities including, without approved. Findings limitation, requirements relating to initial and continued listing standards, For the Commission, by the Division of After careful review, the Commission Trading and Markets, pursuant to delegated the dissemination of index value and authority.15 finds that the proposed rule change is related information, rules and policies Florence E. Harmon, consistent with the requirements of the governing the trading of equity Act and the rules and regulations securities, trading hours, trading halts, Deputy Secretary. thereunder applicable to a national surveillance, firewalls, and Information [FR Doc. E9–2529 Filed 2–5–09; 8:45 am] securities exchange, in particular, with Bulletins to ETP Holders, as set forth in BILLING CODE 8011–01–P 7 Section 6(b) of the Act and the rules prior Commission orders approving the and regulations thereunder. generic listing rules applicable to the Specifically, the Commission finds that listing and trading of Index-Linked DEPARTMENT OF STATE the proposal is consistent with Section Securities. 6(b)(5) of the Act,8 which requires, The Commission also notes that NYSE [Public Notice 6489] among other things, that the Exchange’s Arca Equities Rule 9.2(a), which sets Overseas Security Advisory Council rules be designed to promote just and forth the Exchange’s suitability equitable principles of trade, to remove (OSAC) Meeting Notice; Closed requirements, would apply to the Meeting impediments to and perfect the trading of Index-Linked Securities. mechanism of a free and open market Specifically, before recommending a The Department of State announces a and a national market system, and, in transaction to a non-institutional meeting of the U.S. State Department— general, to protect investors and the customer in such securities, ETP Overseas Security Advisory Council on public interest.9 Holders must have reasonable grounds February 26, 2009 at the Boeing The Commission believes that the to believe that the recommendation is Company, Arlington, Virginia. Pursuant proposal reasonably balances the suitable for the customer, based on facts to Section 10(d) of the Federal Advisory removal of impediments to a free and disclosed by the customer after Committee Act (5 U.S.C. Appendix), 5 open market with the protection of reasonable inquiry concerning the U.S.C. 552b(c)(4), and 5 U.S.C. investors and the public interest, two customer’s investment objectives, 552b(c)(7)(E), it has been determined principles set forth in Section 6(b)(5) of financial situation, needs, and any other that the meeting will be closed to the information that such ETP Holder public. The meeting will focus on an 4 See Securities Exchange Act Release No. 58825 believes would be useful to make a examination of corporate security (October 21, 2008), 73 FR 63756 (October 27, 2008) recommendation. ETP Holders must policies and procedures and will (SR–NYSEArca–2008–89). also have a reasonable basis to believe involve extensive discussion of 5 15 U.S.C. 78s(b)(2). See e-mail dated January 29, 2009 from Tim Malinowski, Director, NYSE that the customer can evaluate the proprietary commercial information that Euronext to Mitra Mehr, Special Counsel, Division special characteristics, and is able to is considered privileged and of Trading and Markets, Commission (‘‘NYSE Arca bear the financial risks, of investments confidential, and will discuss law e-mail’’). in Index-Linked Securities. An enforcement investigative techniques 6 17 CFR 240.19b–4(e). See NYSE Arca e-mail. Information Bulletin would inform ETP and procedures. The agenda will 7 15 U.S.C. 78f(b). Holders of the suitability requirements include updated committee reports, a 8 15 U.S.C. 78f(b)(5). 9 In approving the proposed rule change the Commission has considered the proposed rule’s 10 15 U.S.C. 78f(b)(5). 13 15 U.S.C. 78f(b)(5). impact on efficiency, competition and capital 11 See supra note 4. 14 15 U.S.C. 78s(b)(2). formation. See 15 U.S.C. 78c(f). 12 15 U.S.C. 78s(b)(2). 15 17 CFR 200.30–3(a)(12).

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global threat overview, and other meet on February 23–24, 2009. The Additionally, public comments will matters relating to private sector meeting will be held in Room NG3.202 be received at 4:15 p.m. on February 23 security policies and protective at the T. Boone Biomedical Building, and at 12:30 p.m. on February 24. Public programs and the protection of U.S. University of Texas Southwestern, 6001 comments will be limited to five business information overseas. Forest Park Road, Dallas, Texas. On minutes each. A sign-in sheet will be FOR MORE INFORMATION CONTACT: Marsha February 23, the session will convene at available each day. Individuals who Thurman, Overseas Security Advisory 8 a.m. and adjourn at 4:30 p.m. On speak are invited to submit 1–2 page Council, Department of State, February 24, the session will convene at summaries of their comments at the Washington, DC 20522–2008, phone: 8 a.m. and adjourn at 1 p.m. All sessions time of the meeting for inclusion in the 571–345–2214. will be open to the public. official meeting record. Members of the The purpose of the Committee is to Dated: January 26, 2008. public may also submit written provide advice and make statements for the Committee’s review Gregory B. Starr, recommendations to the Secretary of to Dr. Roberta White, RAC–Gulf War Director of the Diplomatic Security Service, Veterans Affairs on proposed research Veterans’ Illnesses (T–GW), U.S. Department of State. studies, research plans and research Department of Veterans Affairs, 116B–4 [FR Doc. E9–2584 Filed 2–5–09; 8:45 am] strategies relating to the health 150 S. Huntington Ave., Boston, MA BILLING CODE 4710–43–P consequences of military service in the 02130. Southwest Asia theater of operations during the Gulf War. Any member of the public seeking At the February 23–24 meeting, the additional information should contact DEPARTMENT OF VETERANS Committee will review VA program Dr. William Goldberg, Designated AFFAIRS activities related to Gulf War veterans’ Federal Officer, at (202) 461–1667, or illnesses and updates on relevant Dr. White, Scientific Director, at (617) Research Advisory Committee on Gulf 278–4517. War Veterans’ Illnesses; Notice of scientific research published since the Meeting last Committee meeting. Additionally, Dated: February 3, 2009. there will be presentations and By Direction of the Secretary. The Department of Veterans Affairs discussion of white matter disorders (VA) gives notice under Public Law 92– affecting Gulf War veterans and E. Philip Riggin, 463 (Federal Advisory Committee Act) preliminary results from the University Committee Management Officer. that the Research Advisory Committee of Texas Southwestern Gulf War [FR Doc. E9–2586 Filed 2–5–09; 8:45 am] on Gulf War Veterans’ Illnesses will Illnesses Research Program. BILLING CODE 8320–01–P

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Part II

The President Proclamation 8344—American Heart Month, 2009 Proclamation 8345—National African American History Month, 2009 Memorandum of February 4, 2009—State Children’s Health Insurance Program Notice of February 4, 2009—Continuation of the National Emergency with Respect to the Situation In or In Relation to Coˆte d’Ivoire

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Federal Register Presidential Documents Vol. 74, No. 24

Friday, February 6, 2009

Title 3— Proclamation 8344 of February 2, 2009

The President American Heart Month, 2009

By the President of the United States of America

A Proclamation

Together, we can turn the tide on the number one killer of American women and men. Heart disease claims more lives each year than all forms of cancer combined. During American Heart Month, we renew our commit- ment to promoting heart disease awareness. It is never too late to start protecting heart health. Certain risk factors can lead to heart disease. These include: high blood pressure, high cholesterol, obesity, physical inactivity, smoking, and diabetes. Practicing the following ‘‘Big Four’’ habits can help mitigate these risks: eating a heart healthy diet, getting regular physical activity, maintaining a healthy weight, and avoiding tobacco. Unfortunately, only 3 percent of U.S. adults practice all of these habits. As a Nation, we must work to increase that number. Forming these healthy habits does not have to be difficult: Setting realistic goals, making gradual improvements, and inviting family and friends to join in this pursuit can lead to a healthier lifestyle. Above all, we must remember that taking action can mean a longer, healthier, and more enjoyable life. Michelle and I especially encourage women to take heart health seriously. More women than men die of heart disease each year, and many women fail to make the connection between risk factors and their personal risk of developing heart disease. The Federal Government’s The Heart Truth campaign gives women a personal and urgent wake-up call about their risk for heart disease. On the first Friday in February, The Heart Truth will lead the Nation in celebrating National Wear Red Day to promote heart disease awareness. All Americans are encouraged to wear red or the Red Dress Pin—the national symbol for women and heart disease awareness— to show support for adopting the Big Four heart health lifestyle habits. This year on National Wear Red Day, we urge all Americans to practice the ‘‘Big Four’’ healthy habits for reducing heart disease risk. During American Heart Month, we also honor the health professionals, re- searchers, and other heart health ambassadors whose efforts help all Ameri- cans lead longer and healthier lives. In acknowledgement of the importance of the ongoing fight against cardio- vascular disease, the Congress, by Joint Resolution approved December 30, 1963, as amended (77 Stat. 843; 36 U.S.C. 101), has requested that the President issue an annual proclamation designating February as ‘‘American Heart Month.’’ NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim February 2009 as American Heart Month, and I invite all Americans to participate in National Wear Red Day on February 6, 2009. I also invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in recognizing and reaffirming our commitment to fighting cardiovascular disease.

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

[FR Doc. E9–2705 Filed 2–5–09; 11:15 am] Billing code 3195–W9–P

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Proclamation 8345 of February 2, 2009 National African American History Month, 2009

By the President of the United States of America

A Proclamation The history of African Americans is unique and rich, and one that has helped to define what it means to be an American. Arriving on ships on the shores of North America more than 300 years ago, recognized more as possessions than people, African Americans have come to know the freedoms fought for in establishing the United States and gained through the use of our founding principles of freedom of speech, freedom of the press, the right to assembly, and due process of law. The ideals of the Founders became more real and more true for every citizen as African Americans pressed us to realize our full potential as a Nation and to uphold those ideals for all who enter into our borders and embrace the notion that we are all endowed with certain unalienable rights. Since Carter G. Woodson first sought to illuminate the African American experience, each February we pause to reflect on the contributions of this community to our national identity. The history is one of struggle for the recognition of each person’s humanity as well as an influence on the broader American culture. African Americans designed our beautiful Capital City, gave us the melodic rhythms of New Orleans Jazz, issued new discoveries in science and medicine, and forced us to examine ourselves in the pages of classic literature. This legacy has only added luster to the brand of the United States, which has drawn immigrants to our shores for centuries. This year’s theme, ‘‘The Quest for Black Citizenship in the Americas,’’ is a chance to examine the evolution of our country and how African Americans helped draw us ever closer to becoming a more perfect union. The narrative of the African American pursuit of full citizenship with all of the rights and privileges afforded others in this country is also the story of a maturing young Nation. The voices and examples of the African American people worked collectively to remove the boulders of systemic racism and discrimination that pervaded our laws and our public conscious- ness for decades. Through the work of Frederick Douglass and Harriet Tub- man, Booker T. Washington and George Washington Carver, Martin Luther King and Thurgood Marshall, the African American community has steadily made progress toward the dreams within its grasp and the promise of our Nation. Meanwhile, the belief that those dreams might one day be realized by all of our citizens gave African American men and women the same sense of duty and love of country that led them to shed blood in every war we have ever fought, to invest hard-earned resources in their commu- nities with the hope of self empowerment, and to pass the ideals of this great land down to their children and grandchildren. As we mark National African American History Month, we should take note of this special moment in our Nation’s history and the actors who worked so diligently to deliver us to this place. One such organization is the National Association for the Advancement of Colored People—the NAACP—which this year will witness 100 years of service to the Nation on February 12. Because of their work, including the contributions of those luminaries on the front lines and great advocates behind the scenes, we as a Nation were able to take the dramatic steps we have in recent history.

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NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2009 as National African American History Month. I call upon public officials, edu- cators, librarians, and all the people of the United States to observe this month with appropriate ceremonies, activities, and programs that raise aware- ness and appreciation of African American history. IN WITNESS WHEREOF, I have hereunto set my hand this second day of February, in the year of our Lord two thousand nine, and of the Independ- ence of the United States of America the two hundred and thirty-third.

[FR Doc. E9–2707 Filed 2–5–09; 11:15 am] Billing code 3195–W9–P

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Memorandum of February 4, 2009

State Children’s Health Insurance Program

Memorandum for the Secretary of Health And Human Services

The State Children’s Health Insurance Program (SCHIP) encourages States to provide health coverage for uninsured children in families whose incomes are too high to qualify for Medicaid but too low to afford private insurance. Since 1997, when SCHIP was enacted, States have had the authority to set their SCHIP income eligibility levels, subject to available funding. In recent years, as the cost of private insurance has increased, States have raised eligibility levels to offer health care coverage to more families, with families paying a share of the cost based on their income. On August 17, 2007, the Centers for Medicare & Medicaid Services (CMS) issued a letter to State health officials limiting the flexibility of States to set income eligibility standards for their SCHIP programs. On May 7, 2008, CMS issued a subsequent letter restating the policy set forth in the August 17, 2007, letter. The August 17, 2007, letter imposes additional requirements that States must meet in order to cover children under SCHIP plans, including plans that CMS had previously approved. These requirements have limited coverage under several State plans that otherwise would have covered additional, uninsured children. As a result, tens of thousands of children have been denied health care coverage. Unless the August 17, 2007, letter is withdrawn, many more children will be denied coverage. By this memorandum, I request that you immediately withdraw the August 17, 2007, and May 7, 2008, letters to State health officials and implement SCHIP without the requirements imposed by those letters.

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This memorandum does not create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. You are hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, February 4, 2009

[FR Doc. E9–2721 Filed 2–5–09; 12:00 pm] Billing code 4110–60–P

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Notice of February 4, 2009

Continuation of the National Emergency With Respect To the Situation In or In Relation To Coˆte d’Ivoire

On February 7, 2006, by Executive Order 13396, the President declared a national emergency and ordered related measures blocking the property of certain persons contributing to the conflict in Coˆte d’Ivoire, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706). The President took this action to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States con- stituted by the situation in or in relation to Coˆte d’Ivoire, which has been addressed by the United Nations Security Council in Resolution 1572 of November 15, 2004, and subsequent resolutions, and has resulted in the massacre of large numbers of civilians, widespread human rights abuses, significant political violence and unrest, and attacks against international peacekeeping forces leading to fatalities. Because the situation in or in relation to Coˆte d’Ivoire continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on February 7, 2006, and the measures adopted on that date to deal with that emergency, must continue in effect beyond February 7, 2009.

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Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13396. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, Washington, February 4, 2009 [FR Doc. E9–2722 Filed 2–5–09; 12:00 pm] Billing code 3195–W9–P

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Reader Aids Federal Register Vol. 74, No. 24 Friday, February 6, 2009

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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. 20 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 404...... 5807 Proclamations: The United States Government Manual 741–6000 22 CFR 8344...... 6343 Other Services 8345...... 6345 215...... 5808 Electronic and on-line services (voice) 741–6020 Executive Orders: 28 CFR Privacy Act Compilation 741–6064 13201 (revoked by Proposed Rules: 741–6043 13496) ...... 6107 Public Laws Update Service (numbers, dates, etc.) 26...... 6131 TTY for the deaf-and-hard-of-hearing 741–6086 13204 (revoked by 13495) ...... 6103 29 CFR 13258 (revoked by ELECTRONIC RESEARCH 13497) ...... 6113 403...... 5899 408...... 5899 World Wide Web 13422 (revoked by 13497) ...... 6113 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 13494...... 6101 2550...... 6007 is located at: http://www.gpoaccess.gov/nara/index.html 13495...... 6103 32 CFR Federal Register information and research tools, including Public 13496...... 6107 199...... 6228 Inspection List, indexes, and links to GPO Access are located at: 13497...... 6113 http://www.archives.gov/federallregister Administrative Orders: 33 CFR Memorandums: E-mail Memo. of 1/30/2009 ...... 5977 117 .....5983, 5984, 5986, 6228, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memo. of 1/30/2009 ...... 5979 6229 an open e-mail service that provides subscribers with a digital Memo. of 2/4/2009 ...... 6347 165...... 5987, 5989 form of the Federal Register Table of Contents. The digital form Notices: 36 CFR of the Federal Register Table of Contents includes HTML and Notice of February 4, PDF links to the full text of each document. 2009 ...... 6349 Proposed Rules: 242...... 6250 To join or leave, go to http://listserv.access.gpo.gov and select Presidential Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: 39 CFR (or change settings); then follow the instructions. No. 2009–15 of January 27, 2009 ...... 6115 3020...... 6117, 6230 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: service that notifies subscribers of recently enacted laws. 5 CFR 111...... 6250 Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 40 CFR and select Join or leave the list (or change settings); then follow 532...... 6003 6...... 5991 the instructions. 7 CFR 80...... 6233 FEDREGTOC-L and PENS are mailing lists only. We cannot 1400...... 6117 112...... 5900 respond to specific inquiries. 8 CFR 271...... 5994 Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: [email protected] 274a...... 5899 6...... 6008 The Federal Register staff cannot interpret specific documents or 10 CFR 271...... 6010 regulations. Ch. I ...... 5797 42 CFR 72...... 5983 Reminders. Effective January 1, 2009, the Reminders, including 440...... 5808 Rules Going Into Effect and Comments Due Next Week, no longer 12 CFR appear in the Reader Aids section of the Federal Register. This 47 CFR information can be found online at http://www.regulations.gov. 208...... 6223 223...... 6225, 6226 73 ...... 6001, 6120, 6121, 6122, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 225...... 6223 6233, 6234 longer appears in the Federal Register. This information can be 360...... 5797 90...... 6235 found online at http://bookstore.gpo.gov/. Proposed Rules: Proposed Rules: 337...... 5904 73...... 6131, 6132 704...... 6004 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 50 CFR 14 CFR 5797–5898...... 2 216...... 6236 Proposed Rules: 648...... 6244 5899–5982...... 3 234...... 6249 5983–6116...... 4 259...... 6249 Proposed Rules: 6117–6222...... 5 399...... 6249 17...... 5908, 6122 6223–6350...... 6 100...... 6250 16 CFR 216...... 6010 Proposed Rules: 253...... 6257 Ch. I ...... 6129 600...... 6257 255...... 5810 622...... 6257

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The text of laws is not H.R. 2/P.L. 111–3 enacted public laws. To published in the Federal Children’s Health Insurance subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Program Reauthorization Act listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual of 2009 (Feb. 4, 2009; 123 publaws-l.html This is a continuing list of pamphlet) form from the Stat. 8) public bills from the current Superintendent of Documents, Last List February 2, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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