11–19–10 Friday Vol. 75 No. 223 Nov. 19, 2010

Pages 70811–71004

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Contents Federal Register Vol. 75, No. 223

Friday, November 19, 2010

Agriculture Department Civil Rights Commission See Animal and Plant Health Inspection Service NOTICES See Commodity Credit Corporation Meetings; Sunshine Act, 70898–70899 See Federal Crop Insurance Corporation See Forest Service Coast Guard NOTICES RULES Agency Information Collection Activities; Proposals, Drawbridge Operation Regulations: Submissions, and Approvals, 70895–70896 Upper Mississippi River, Dubuque, IA, 70817–70818 Animal and Plant Health Inspection Service Traffic Separation Schemes: RULES Strait of Juan de Fuca and its Approaches, et al., 70818– Karnal Bunt: 70831 Regulated Areas in Arizona; California; and Texas; NOTICES Correction, 70811 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 70938–70939 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commerce Department Johnes Disease, 70896–70897 See International Trade Administration South American Cactus Moth; Quarantine and See National Oceanic and Atmospheric Administration Regulations, 70897–70898 NOTICES Agency Information Collection Activities; Proposals, Army Department Submissions, and Approvals, 70899–70900 NOTICES Grant of an Exclusive License for a U.S. Government- Committee for Purchase From People Who Are Blind or Owned Invention, 70915 Severely Disabled Performance Review Board Membership, 70915 NOTICES Surplus Properties, 70916 Procurement List; Additions and Deletions, 70908–70910 Blind or Severely Disabled, Committee for Purchase From People Who Are Commodity Credit Corporation See Committee for Purchase From People Who Are Blind or RULES Severely Disabled Commodity Assessments; Loans, Purchases, and Other Operations, 70811–70812 Bureau of Ocean Energy Management, Regulation and Enforcement Commodity Futures Trading Commission PROPOSED RULES RULES Reorganization of Title 30, Code of Federal Regulations; Designation of a Chief Compliance Officer; Required Correction, 70814 Compliance Policies; etc., 70881–70888 Registration of Foreign Boards of Trade, 70974–70998 Centers for Disease Control and Prevention NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 70929–70930 Part 41 Relating to Security Futures Products, 70910– 70911 Centers for Medicare & Medicaid Services Meetings; Sunshine Act, 70911 RULES Medicare and Medicaid Programs: Consumer Product Safety Commission Changes to the Hospital and Critical Access Hospital NOTICES Conditions of Participation to Ensure Visitation Requirements for Accreditation of Third Party Conformity Rights for All Patients, 70831–70844 Assessment Bodies: NOTICES Testing for Certain Childrens Products; Children’s Agency Information Collection Activities; Proposals, Sleepwear, Sizes 0 Through 6X and 7 Through 14, Submissions, and Approvals, 70926–70931 70911–70914 Children and Families Administration NOTICES Defense Department Agency Information Collection Activities; Proposals, See Army Department Submissions, and Approvals: ACF Program Instruction; Children’s Justice Act, 70931– Education Department 70932 NOTICES Evaluation of Head Start Early Learning Mentor Coach Agency Information Collection Activities; Proposals, Initiative, 70931 Submissions, and Approvals, 70916

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Employment and Training Administration Federal Reserve System NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 70919–70921 Evaluation of the Aging Worker Initiative, 70949–70950 Requests for Certifications of Compliance: Federal Trade Commission Rural Industrialization Loan and Grant Program, 70950– NOTICES 70951 Analysis of Proposed Agreement Containing Consent Orders: Energy Department Simon Property Group, Inc., 70921–70923 PROPOSED RULES Meetings: Federal Transit Administration Energy Efficiency Program for Consumer Products, NOTICES 70852–70854 Transit Asset Management Pilot Program, 70966–70969

Environmental Protection Agency Fiscal Service PROPOSED RULES RULES Finding of Substantial Inadequacy of Implementation Plans: Regulations Governing Securities Held in Treasury Direct, Utah, 70888–70894 70814–70817 NOTICES Determinations: Fish and Wildlife Service Prevention of Significant Deterioration Applicability; NOTICES Carlsbad Energy Center Project, Carlsbad, CA, 70916– Comprehensive Conservation Plan and Environmental 70917 Assessment: Environmental Impact Statements; Availability, etc.: Caddo National Wildlife Refuge; Harrison County, TX, Weekly Receipt, 70917–70918 70945–70946 Meetings: Endangered and Threatened Wildlife and Plants: National Drinking Water Advisory Council, 70918–70919 Draft National Plan for Assisting States, Federal Agencies, SFIREG Full Committee, 70918 and Tribes in Managing White-Nose Syndrome in Bats, 70946–70947 Executive Office of the President Meetings: See Presidential Documents Trinty Adaptive Management Working Group, 70947

Federal Aviation Administration Food and Drug Administration RULES NOTICES Airworthiness Directives: Delegations of Authority, 70932 Sikorsky Aircraft Corp. Model S–92A Helicopters, 70812– Meetings: 70814 Anesthetic and Life Support Drugs Advisory Committee PROPOSED RULES and the Drug Safety and Risk Management Advisory Airworthiness Directives: Committee; Cancellation, 70932–70933 Boeing Co. Model 747 100, 747 100B, 747 100B SUD, 747 Cardiovascular and Renal Drugs Advisory Committee, 200B, 747 200C, 747 200F, etc. Series Airplanes, 70933 70868–70871 Boeing Co. Model 747 Airplanes, 70863–70868 Forest Service Fokker Services B.V. Model F.28 Mark 0100, 1000, 2000, NOTICES 3000, and 4000 Airplanes, 70861–70863 Meetings: Harmonization of Various Airworthiness Standards for Coconino Resource Advisory Committee, 70898 Transport Category Airplanes – Flight Rules, 70854– 70861 Health and Human Services Department Photo Requirements for Pilot Certificates, 70871–70881 See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Petitions for Exemption; Summaries of Petitions Received, See Children and Families Administration 70965–70966 See Food and Drug Administration See National Institutes of Health Federal Contract Compliance Programs Office NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, HIT Policy Committee, 70923–70924 Submissions, and Approvals, 70948–70949 HIT Policy Committee Workgroups, 70924–70925 HIT Standards Committee Advisory, 70923 Federal Crop Insurance Corporation HIT Standards Committee Workgroup, 70925 PROPOSED RULES National Committee on Vital and Health Statistics, 70926 Common Crop Insurance Regulations: Technical Advisory Panel on Medicare Trustee Reports, Extra Long Staple Cotton Crop Provisions, 70850–70852 70925–70926

Federal Election Commission Homeland Security Department NOTICES See Coast Guard Meetings; Sunshine Act, 70919 See U.S. Customs and Border Protection

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Housing and Urban Development Department National Council on Disability NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 70951 Submissions, and Approvals: 2011 Rental Housing Finance Survey, 70940–70941 National Highway Traffic Safety Administration Federal Housing Administration; Home Energy Retrofit NOTICES Loan Pilot Program, 70941 Grant of Petitions for Decisions of Inconsequential Federal Property Suitable as Facilities to Assist the Noncompliance: Homeless, 70941–70945 General Motors Corp., 70962–70963 Petition for Decision of Inconsequential Noncompliance: Interior Department General Motors Corp., 70963–70965 See Bureau of Ocean Energy Management, Regulation and Enforcement National Institutes of Health See Fish and Wildlife Service NOTICES See Office of Natural Resources Revenue Meetings: Center for Scientific Review, 70933–70934 Internal Revenue Service National Center for Research Resources, 70934 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals, 70970–70971 NOTICES Agency Information Collection Activities; Proposals, International Trade Administration Submissions, and Approvals: NOTICES Reporting of Sea Turtle Entanglement in Fishing Gear or Continuation of Antidumping and Countervailing Duty Marine Debris, 70900 Orders: Marine Mammal Protection Act Petitions: Certain Iron Construction Castings from Brazil, Canada, Eastern North Pacific Gray Whale, 70903 and the People’s Republic of China, 70900–70901 Meetings: Final Results of Antidumping Duty Administrative South Atlantic Fishery Management Council, 70904– Reviews: 70905 Polyethylene Terephthalate Film, Sheet, and Strip from Nominations to the Marine Fisheries Advisory Committee, the Republic of Korea, 70901–70903 70906 Meetings: National Science Foundation President’s Export Council, 70905–70906 NOTICES Partial Rescission of the Third Antidumping Duty Meetings: Administrative Review: Proposal Review Panel for Physics, 70951–70952 Certain Polyester Staple Fiber from the People’s Republic of China, 70906–70907 Nuclear Regulatory Commission Preliminary Results of Antidumping Duty Administrative NOTICES Reviews: Environmental Assessments; Availability, etc.: Certain Steel Threaded Rod from the People’s Republic of Proposed License Renewal for Nuclear Fuel Services, China, 70908 Inc.; Erwin, TN, 70952–70953 Circular Welded Austenitic Stainless Pressure Pipe from Exemptions: the People’s Republic of China, 70908 Florida Power Corporation et al., Crystal River Unit 3 Nuclear Generating Plant, 70953–70955 Justice Department Meetings: NOTICES Advisory Committee on the Medical Uses of Isotopes, Lodging of Consent Decrees Pursuant to Oil Pollution Act: 70955 United States, et al. v. Bouchard Transportation Co. Inc., et al., 70947 Office of Natural Resources Revenue Lodging of Proposed Consent Decrees Under the Resource RULES Conservation and Recovery Act: Reorganization of Title 30, Code of Federal Regulations; United States et al. v. HPI Products, Inc., et al., 70947– Correction, 70814 70948 Pension Benefit Guaranty Corporation Labor Department NOTICES See Employment and Training Administration Agency Information Collection Activities; Proposals, See Federal Contract Compliance Programs Office Submissions, and Approvals: Liability for Termination of Single-Employer Plans, Maritime Administration 70955–70956 NOTICES Environmental Assessments; Availability, etc.: Personnel Management Office California Green Trade Corridor Transportation PROPOSED RULES Investment Generating Economic Recovery, 70962 Absence and Leave; Qualifying Exigency Leave, 70845– 70850 National Aeronautics and Space Administration NOTICES Postal Regulatory Commission Meetings: NOTICES Commercial Space Committee, 70951 Post Office Closing, 70956–70957

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Presidential Documents Accreditations and Approvals as a Commercial Gauger and PROCLAMATIONS Laboratory: Special Observances: Camin Cargo Control, Inc., 70937–70938 America Recycles Day (Proc. 8601), 71003–71004 Inspectorate America Corp., 70935–70938 National Entrepreneurship Week (Proc. 8600), 70999– Intertek USA, Inc., 70934–70936 71002 Robinson International (USA) Inc., 70937 Approval as a Commercial Gauger and Laboratory: Public Debt Bureau Saybolt LP, 70939 See Fiscal Service Approval as a Commercial Gauger: Saybolt LP, 70939–70940 Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Veterans Affairs Department Chicago Board Options Exchange, Inc., 70957–70961 NOTICES Meetings: State Department Special Medical Advisory Group, 70971 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Disclosures, 70961 Separate Parts In This Issue Meetings: Advisory Committee on International Law, 70961–70962 Part II Transportation Department Commodity Futures Trading Commission, 70974–70998 See Federal Aviation Administration See Federal Transit Administration Part III See Maritime Administration Presidential Documents, 70999–71004 See National Highway Traffic Safety Administration Treasury Department See Fiscal Service Reader Aids See Internal Revenue Service Consult the Reader Aids section at the end of this page for NOTICES Agency Information Collection Activities; Proposals, phone numbers, online resources, finding aids, reminders, Submissions, and Approvals, 70969–70970 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents U.S. Customs and Border Protection LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Accreditation as a Commercial Laboratory: archives, FEDREGTOC-L, Join or leave the list (or change SEA, Ltd., 70934 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 42 CFR Proclamations: 482...... 70831 8600...... 71001 485...... 70831 8601...... 71003 5 CFR Proposed Rules: 630...... 70845 7 CFR 301...... 70811 1405...... 70811 Proposed Rules: 457...... 70850 10 CFR Proposed Rules: 431...... 70852 14 CFR 39...... 70812 Proposed Rules: 25...... 70854 39 (3 documents) ...... 70861, 70863, 70868 61...... 70871 183...... 70871 17 CFR Proposed Rules: 3...... 70881 48...... 70974 30 CFR 201...... 70814 202...... 70814 203...... 70814 204...... 70814 206...... 70814 207...... 70814 208...... 70814 210...... 70814 212...... 70814 217...... 70814 218...... 70814 219...... 70814 220...... 70814 227...... 70814 228...... 70814 229...... 70814 241...... 70814 243...... 70814 290...... 70814 1201...... 70814 1202...... 70814 1203...... 70814 1204...... 70814 1206...... 70814 1207...... 70814 1208...... 70814 1210...... 70814 1212...... 70814 1217...... 70814 1218...... 70814 1219...... 70814 1220...... 70814 1227...... 70814 1228...... 70814 1229...... 70814 1241...... 70814 1243...... 70814 1290...... 70814 31 CFR 363...... 70814 33 CFR 117...... 70817 167...... 70818 40 CFR Proposed Rules: 52...... 70888

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Rules and Regulations Federal Register Vol. 75, No. 223

Friday, November 19, 2010

This section of the FEDERAL REGISTER DEPARTMENT OF AGRICULTURE the proceeds of a Marketing Assistance contains regulatory documents having general Loan (MAL) on behalf of the State. In applicability and legal effect, most of which Commodity Credit Corporation the past, CCC has charged fees to cover are keyed to and codified in the Code of the administrative costs of collecting the Federal Regulations, which is published under 7 CFR Part 1405 assessment, including costs to modify 50 titles pursuant to 44 U.S.C. 1510. RIN 0560–AI00 the rate of the assessment or to develop The Code of Federal Regulations is sold by the automation software to begin the the Superintendent of Documents. Prices of Commodity Assessments; Loans, collection of a newly mandated new books are listed in the first FEDERAL Purchases, and Other Operations commodity assessment. The agreement REGISTER issue of each week. between CCC and the States has AGENCY: Commodity Credit Corporation, required the States to indemnify CCC for USDA. the administrative costs of collecting the DEPARTMENT OF AGRICULTURE ACTION: Final rule; technical assessments. amendment. CCC will continue to collect Animal and Plant Health Inspection commodity assessments as part of the Service SUMMARY: The Commodity Credit MAL program, but is no longer charging Corporation (CCC) is amending fees for the administrative costs. 7 CFR Part 301 regulations as required by the Food, Therefore, the cost to MAL customers Conservation, and Energy Act of 2008 for CCC’s administration of commodity (the 2008 Farm Bill) to remove a [Docket No. APHIS–2009–0079] assessments has decreased to zero. CCC provision concerning CCC fees for estimates that this will save producers, administrative costs to collect Karnal Bunt; Regulated Areas in their marketing associations, and the commodity assessments. The 2008 Farm Arizona, California, and Texas States about $15,000 per year. Bill prohibits CCC from collecting these Correction fees. As a result of this amendment, Notice and Comment CCC, rather than States or commodity These regulations are exempt from the In rule document 2010–28347 associations, will absorb the notice and comment requirements of the beginning on page 68942 in the issue of administrative costs of implementing Administrative Procedures Act (5 U.S.C. Wednesday, November 10, 2010, make and modifying commodity assessment 553), as specified in section 1601(c) of the following corrections: collections. the 2008 Farm Bill, which requires that DATES: the regulations be promulgated and § 301.89–3 [Corrected] Effective Date: November 19, 2010. administered without regard to the notice and comment provisions of 1. On page 68945, in § 301.89–3 FOR FURTHER INFORMATION CONTACT: paragraph (g), in the first column, under Frankie Coln, Price Support Division, Section 553 of title 5 of the United the California heading, in the 13th line, Farm Service Agency (FSA), U.S. States Code or the Statement of Policy ‘‘114.647877’’ should read Department of Agriculture (USDA), Mail of the Secretary of Agriculture effective ‘‘–114.647877’’. Stop 0512, 1400 Independence Avenue, July 24, 1971 (36 FR 13804) relating to SW., Washington, DC 20250–0512; notices of proposed rulemaking and a. In the second column, in the 20th public participation in rulemaking. line from the top, ‘‘114.603889’’ should telephone (202) 720–9011; fax (202) read ‘‘–114.603889’’. 690–3307; e-mail, Executive Order 12866 [email protected]. This final rule has been designated as b. In the 29th line from the bottom, Persons with disabilities who require ‘‘D10–11’’ should read ‘‘D–10–11’’. not significant under Executive Order alternative means for communication 12866 and has not been reviewed by the c. In the 26th line from the bottom, (Braille, large print, audiotape, etc.) Office of Management and Budget. ‘‘D10–11’’ should read ‘‘D–10–11’’. should contact the USDA Target Center d. In the 21st line from the bottom, at 202–720–2600 (voice and TDD). Regulatory Flexibility Act ‘‘114.623143’’ should read SUPPLEMENTARY INFORMATION: Section This rule is not subject to the ‘‘–114.623143’’. 1616 of the 2008 Farm Bill (Pub. L. 110– Regulatory Flexibility Act since CCC is 246) prohibits CCC from charging any not required to publish a notice of e. In the first line from the bottom, fee or related cost for the collection of proposed rulemaking for this rule. ‘‘114.961526’’ should read commodity assessments. Therefore, this ‘‘–114.961526’’. rule removes a provision relating to Environmental Evaluation [FR Doc. C1–2010–28347 Filed 11–18–10; 8:45 am] such fees. CCC has already implemented The environmental impacts of this BILLING CODE 1505–01–D this policy and is not charging such rule have been considered in a manner fees. consistent with the provisions of the Many States charge assessments on National Environmental Policy Act commodities marketed in that State and (NEPA, 42 U.S.C. 4321–4347), the use the assessment to fund State level regulations of the Council on agricultural promotion activities. CCC Environmental Quality (40 CFR parts has agreements with States to collect the 1500–1508), and FSA regulations for assessments. When authorized by State compliance with NEPA (7 CFR part law, CCC deducts the assessment from 799). The change to the regulations

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removing a provision concerning CCC specified in section 1601(c)(2)(a) of the that currently requires cleaning and fee collection for administrative costs of 2008 Farm Bill, which provides that inspecting each main gearbox (MGB) implementing or modifying commodity these regulations, which are necessary assembly mounting foot pad and rib for assessment collections, as required by to implement title I of the 2008 Farm a crack and corrosion. If you do not find the 2008 Farm Bill, that are identified in Bill, be promulgated and administered a crack, the AD requires applying a this Final Rule is solely administrative. without regard to the Paperwork corrosion preventive compound. If you Therefore, FSA has determined that Reduction Act. find a crack, the AD requires replacing NEPA does not apply to this Final Rule the MGB before further flight. If you E-Government Act Compliance and no environmental assessment or find corrosion, bubbled paint, or paint environmental impact statement will be CCC is committed to complying with discoloration, the AD requires you to prepared. the E-Government Act, to promote the repair the MGB before further flight. use of the Internet and other This amendment retains the current Executive Order 12372 information technologies to provide requirements and expands the This program is not subject to increased opportunities for citizen applicability to include another part- Executive Order 12372, which requires access to Government information and numbered MGB assembly and MGB consultation with State and local services, and for other purposes. housing. This amendment is prompted officials. See the notice related to 7 CFR List of Subjects in 7 CFR part 1405 by the need to expand the applicability part 3015, subpart V, published in the to include another MGB assembly and Federal Register on June 24, 1983 (48 Loan programs—agriculture, Price MGB housing that is prone to the same FR 29115). support programs. cracks and corrosion as the MGB listed ■ Executive Order 12988 For the reasons set out above, CCC in the current AD. The actions specified amends 7 CFR part 1405 as follows: by this AD are intended to prevent the This rule has been reviewed under loss of the MGB and subsequent loss of Executive Order 12988. This final rule PART 1405—LOANS, PURCHASES, control of the helicopter. is not retroactive and it does not AND OTHER OPERATIONS DATES: Effective December 6, 2010. preempt State or local laws, regulations, The incorporation by reference of or policies unless they present an ■ 1. The authority will continue to read as follows: certain publications listed in the irreconcilable conflict with this rule. regulations was approved previously by Before any judicial action may be Authority: 7 U.S.C. 1515; 7 U.S.C. 7416a; the Director of the Federal Register as of 7 U.S.C. 7991(e); 15 U.S.C. 714b and 714c. brought regarding the provisions of this February 19, 2010 (75 FR 5684, rule the administrative appeal § 1405.9 [Amended] February 4, 2010). provisions of 7 CFR parts 11 and 780 We must receive comments on this ■ 2. Amend § 1405.9, in paragraph must be exhausted. AD by January 18, 2011. (c)(1), by removing the words ‘‘and for Executive Order 13132 administrative costs’’, and adding, in ADDRESSES: Use one of the following The policies contained in this rule do their place, the words ‘‘but not for addresses to comment on this AD. • not have any substantial direct effect on administrative costs’’. Federal eRulemaking Portal: Go to States, on the relationship between the http://www.regulations.gov. Follow the Signed in Washington, DC, on November instructions for submitting comments. national government and the States, or 15, 2010. • Fax: (202) 493–2251. on the distribution of power and Jonathan Coppess, • responsibilities among the various Mail: U.S. Department of Executive Vice President, Commodity Credit Transportation, Docket Operations, levels of government. Nor does this rule Corporation. impose substantial direct compliance M–30, West Building Ground Floor, [FR Doc. 2010–29249 Filed 11–18–10; 8:45 am] costs on state and local governments. Room W12–140, 1200 New Jersey BILLING CODE 3410–05–P Avenue, SE., Washington, DC 20590. Therefore, consultation with the States • is not required. Hand Delivery: U.S. Department of Transportation, Docket Operations, Executive Order 13175 DEPARTMENT OF TRANSPORTATION M–30, West Building Ground Floor, The policies contained in this rule do Room W12–140, 1200 New Jersey not have tribal implications that Federal Aviation Administration Avenue, SE., Washington, DC 20590, preempt tribal law. between 9 a.m. and 5 p.m., Monday 14 CFR Part 39 through Friday, except Federal holidays. Unfunded Mandates [Docket No. FAA–2010–1136; Directorate You may get the service information This rule contains no Federal Identifier 2010–SW–069–AD; Amendment identified in this AD from Sikorsky mandates under the regulatory 39–16522; AD 2010–24–04] Aircraft Corporation, Attn: Manager, provisions of Title II of the Unfunded Commercial Technical Support, RIN 2120–AA64 Mandates Reform Act of 1995 (UMRA) mailstop s581a, 6900 Main Street, for State, local, or tribal governments, or Airworthiness Directives; Sikorsky Stratford, CT, telephone (203) 383–4866, the private sector. In addition, CCC was Aircraft Corporation (Sikorsky) Model e-mail address [email protected], not required to publish a notice of S–92A Helicopters or at http://www.sikorsky.com. proposed rulemaking for this rule. Examining the Docket: You may Therefore, this rule is not subject to the AGENCY: Federal Aviation examine the docket that contains the requirements of sections 202 and 205 of Administration, DOT. AD, any comments, and other UMRA. ACTION: Final rule; request for information on the Internet at http:// comments. www.regulations.gov, or in person at the Paperwork Reduction Act Docket Operations office between 9 a.m. These regulations are exempt from the SUMMARY: This amendment supersedes and 5 p.m., Monday through Friday, requirements of the Paperwork an existing airworthiness directive (AD) except Federal holidays. The Docket Reduction Act (44 U.S.C. Chapter 35), as for Sikorsky Model S–92A helicopters Operations office (telephone (800) 647–

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5527) is located in Room W12–140 on rib for a crack and corrosion. If you do substantive verbal contact we receive the ground floor of the West Building at not find a crack, this AD requires concerning this AD. Using the search the street address stated in the applying a corrosion preventive function of the docket Web site, you can ADDRESSES section. Comments will be compound. If you find a crack, this AD find and read the comments to any of available in the AD docket shortly after requires replacing the MGB before our dockets, including the name of the receipt. further flight. If you find corrosion, individual who sent the comment. You FOR FURTHER INFORMATION CONTACT: bubbled paint, or paint discoloration, may review the DOT’s complete Privacy Michael Schwetz, Aviation Safety this AD requires you to repair the MGB Act Statement in the Federal Register Engineer, Boston Aircraft Certification before further flight. published on April 11, 2000 (65 FR Office, 12 New England Executive Park, The short compliance time is required 19477–78). because the previously described Burlington, MA 01803, telephone (781) Regulatory Findings 238–7761, fax (781) 238–7170. critical unsafe condition can adversely affect the structural integrity and SUPPLEMENTARY INFORMATION: On We have determined that this AD will controllability of the helicopter. December 18, 2009, we issued AD 2009– not have federalism implications under Therefore, because of the short 23–51, Amendment 39–16190 (75 FR Executive Order 13132. This AD will compliance time, this AD must be 5684, February 4, 2010), to require not have a substantial direct effect on issued immediately. the States, on the relationship between cleaning and inspecting each MGB Since a situation exists that requires assembly mounting foot pad and rib for the national Government and the States, the immediate adoption of this or on the distribution of power and a crack and corrosion. If you do not find regulation, it is found that notice and a crack, the AD requires applying a responsibilities among the various opportunity for prior public comment levels of government. corrosion preventive compound. If you hereon are impracticable, and that good find a crack, the AD requires replacing cause exists for making this amendment For the reasons discussed above, I the MGB before further flight. If you effective in less than 30 days. certify that the regulation: find corrosion, bubbled paint, or paint We estimate this AD will affect 44 1. Is not a ‘‘significant regulatory discoloration, the AD requires you to helicopters of U.S. registry, and action’’ under Executive Order 12866; repair the MGB before further flight. inspecting the MGB assembly mounting 2. Is not a ‘‘significant rule’’ under the That action was prompted by reports of foot pads and foot ribs for corrosion or DOT Regulatory Policies and Procedures cracks in the MGB mounting foot pads a crack will take about: (44 FR 11034, February 26, 1979); and • and foot ribs. That condition, if not 2 work hours to do the visual 3. Will not have a significant corrected, could result in loss of the inspection, assuming 2200 (50 economic impact, positive or negative, MGB and subsequent loss of control of inspections X 44 helicopters) on a substantial number of small entities the helicopter. inspections per year for commercial and under the criteria of the Regulatory Since issuing that AD, we have part 91 operators; and Flexibility Act. determined the need to expand the • 24 work hours to remove and applicability to include another MGB replace an MGB. We prepared an economic evaluation of the estimated costs to comply with assembly and MBG housing, which The average labor rate is $85 per work introduced a six-stud attachment for the this AD. See the AD docket to examine hour and required parts will cost about the economic evaluation. oil filter bowl and more edge distance $590,000 per helicopter. Based on these on the right and left foot pads. This new figures, we estimate the total cost Authority for This Rulemaking housing configuration is added to the impact of the AD on U.S. operators to Title 49 of the United States Code applicability of this AD because it is be $26,423,760 assuming all 44 specifies the FAA’s authority to issue prone to the same cracks as the MGB helicopters will require an MGB rules on aviation safety. Subtitle I, listed in the current AD. The replacement. manufacturer is still investigating the Section 106, describes the authority of root cause of these cracks. Contributing Comments Invited the FAA Administrator. Subtitle VII, factors may include corrosion and the This AD is a final rule that involves Aviation Programs, describes in more bushing press fit in the mounting foot requirements affecting flight safety, and detail the scope of the Agency’s bolt hole. The actions specified in this we did not precede it by notice and an authority. AD are interim actions until the root opportunity for public comment. We We are issuing this rulemaking under cause of the cracking is determined. invite you to send any written relevant the authority described in Subtitle VII, After that determination, we anticipate data, views, or arguments regarding this Part A, Subpart III, Section 44701, further rulemaking. AD. Send your comments to an address ‘‘General requirements.’’ Under that Since an unsafe condition has been listed under the ADDRESSES section. section, Congress charges the FAA with identified that is likely to exist or Include ‘‘Docket No. FAA–2010–1136; promoting safe flight of civil aircraft in develop on other Sikorsky S–92A Directorate Identifier 2010–SW–069– air commerce by prescribing regulations helicopters of the same type design, this AD’’ at the beginning of your comments. for practices, methods, and procedures AD supersedes AD 2009–23–51 to retain We specifically invite comments on the the Administrator finds necessary for the same requirements and to expand overall regulatory, economic, safety in air commerce. This regulation the applicability to include the MGB environmental, and energy aspects of is within the scope of that authority assembly, part number (P/N) 92351– the AD. We will consider all comments because it addresses an unsafe condition 15000–044, with a MGB housing, P/N received by the closing date and may that is likely to exist or develop on 92351–15110–046. This AD is being amend the AD in light of those products identified in this rulemaking issued to prevent the loss of the MGB comments. action. and subsequent loss of control of the We will post all comments we List of Subjects in 14 CFR Part 39 helicopter. This AD requires an initial receive, without change, to http:// and at 10-hour time-in-service (TIS) www.regulations.gov, including any Air transportation, Aircraft, Aviation intervals, cleaning and inspecting each personal information you provide. We safety, Incorporation by reference, MGB assembly mounting foot pad and will also post a report summarizing each Safety.

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Adoption of the Amendment (c) The Joint Aircraft System/Component a. In the fourth row, ‘‘§ 1206.52(c)(2)’’ (JASC) Code is 6320: Main Rotor Gearbox. should read ‘‘§ 1206.52(c)(2)(i)’’. ■ Accordingly, under the authority (d) Do the inspections by following the b. In the 11th row, ‘‘§ 1206.53(e)(5) delegated to me by the Administrator, specified portions of Sikorsky Alert Service two times’’ should read ‘‘§ 1206.52(e)(5) Bulletin No. 92–63–020, dated September 11, the FAA amends 14 CFR part 39 as two times’’. follows: 2009. The Director of the Federal Register approved this incorporation by reference c. In both the 15th and 16th rows, ‘‘§ 1206.52(c) introductory text’’ should PART 39—AIRWORTHINESS under 5 U.S.C. 552(a) and 1 CFR part 51 as read ‘‘§ 1206.53(c) introductory text’’. DIRECTIVES of February 19, 2010 (75 FR 5684, February 4, 2010). Copies may be obtained from 2. On page 61071, in the table, in the ■ 1. The authority citation for part 39 Sikorsky Aircraft Corporation, Attn: Manager, third column ‘‘And adding in its place:’’: continues to read as follows: Commercial Technical Support, mailstop a. In the 18th row from the bottom of s581a, 6900 Main Street, Stratford, CT, the page, ‘‘part 207’’ should read ‘‘part Authority: 49 U.S.C. 106(g), 40113, 44701. telephone (203) 383–4866, e-mail address 1207.’’ [email protected], or at http:// b. In the seventh row from the bottom § 39.13 [Amended] www.sikorsky.com. Copies may be inspected at the FAA, Office of the Regional Counsel, of the page, the blank entry should read ■ 2. The FAA amends § 39.13 by Southwest Region, 2601 Meacham Blvd., ‘‘ONRR.’’ removing Airworthiness Directive (AD) Room 663, Fort Worth, Texas, or at the 3. On page 61072, in the table, in the 2009–23–51, Amendment 39–16190 (75 National Archives and Records third column ‘‘And adding in its place:’’, FR 5684, dated February 4, 2010), and Administration (NARA). For information on in the 22nd row, the blank entry should by adding a new AD to read as follows: the availability of this material at NARA, call read ‘‘§ 1206.111’’. 202–741–6030, or go to: http:// 4. On page 61073, in the table, in the 2010–24–04 Sikorsky Aircraft Corporation: www.archives.gov/federal_register/code_of_ Amendment 39–16522; Docket No. _ _ third column ‘‘And adding in its place:’’, federal regulations/ibr locations.html. in the 16th row, ‘‘Associate Director’’ FAA–2010–1136; Directorate Identifier (e) This amendment becomes effective on 2010–SW–069–AD. Supersedes AD December 6, 2010. should read ‘‘Director’’. 2009–23–51; Amendment 39–16190; Docket No. FAA–2010–0066; Directorate Issued in Fort Worth, Texas, on November PART 1208—SALE OF FEDERAL Identifier 2009–SW–52–AD. 9, 2010. ROYALTY OIL [CORRECTED] Applicability: Model S–92A helicopters, Kim Smith, with main gearbox (MGB) assembly, part Manager, Rotorcraft Directorate, Aircraft Amendment Table for Part 1208 number (P/N) 92351–15000–042, –043, or Certification Service. [Corrected] –044, with MGB housing, P/N 92351–15110– [FR Doc. 2010–29201 Filed 11–18–10; 8:45 am] 5. On page 61081, in the table, in the 042, –043, –044, –045, or –046, installed, BILLING CODE 4910–13–P third column ‘‘And adding in its place:’’: certificated in any category. a. In the first row, ‘‘§ 208.8(a)’’ should Compliance: Required as indicated. ‘‘ ’’ To prevent loss of an MGB and subsequent read § 1208.8(a) . loss of control of the helicopter, do the DEPARTMENT OF THE INTERIOR b. In the fifth row, ‘‘§ 208.7(g)’’ should following: read ‘‘§ 1208.7(g)’’. (a) Within 10 hours time-in-service (TIS), Bureau of Ocean Energy Management, [FR Doc. C1–2010–24721 Filed 11–18–10; 8:45 am] unless accomplished previously, and Regulation, and Enforcement BILLING CODE 1505–01–D thereafter at intervals not to exceed 10 hours TIS, clean and inspect each MGB assembly 30 CFR Parts 201, 202, 203, 204, 206, mounting foot pad and rib for a crack and 207, 208, 210, 212, 217, 218, 219, 220, DEPARTMENT OF THE TREASURY corrosion in the area depicted in Figure 1 and 227, 228, 229, 241, 243, and 290 as shown in the examples in Figures 2, 3, and 4 of Sikorsky Alert Service Bulletin No. 92– Fiscal Service 63–020, dated September 11, 2009 (ASB). If Office of Natural Resources Revenue no crack is found, apply the corrosion 31 CFR Part 363 preventive compound to each foot pad and 30 CFR Parts 1201, 1202, 1203, 1204, rib area. 1206, 1207, 1208, 1210, 1212, 1217, Securities Held in Treasury Direct Note 1: When conducting a visual 1218, 1219, 1220, 1227, 1228, 1229, AGENCY: inspection, use a bright, non-LED light. 1241, 1243, and 1290 Bureau of the Public Debt, (1) If you find a crack, replace the MGB Fiscal Service, Treasury. before further flight. [Docket No. MMS–2010–MRM–0033] ACTION: Final rule. (2) If you find corrosion, bubbled paint, or RIN 1010–AD70 paint discoloration, before further flight, SUMMARY: Treasury is enhancing repair the affected area. Reorganization of Title 30, Code of TreasuryDirect to permit automatic Note 2: Even though MGB assembly, P/N Federal Regulations purchases of savings bonds through a 92351–15000–044, with MGB housing, P/N payroll savings plan. 92351–15110–046, is not included in the Correction DATES: Effective date: November 19, ASB, following the Accomplishment In rule document 2010–24721 2010. Instructions in the ASB accomplishes the beginning on page 61051 in the issue of intent of this AD. ADDRESSES: You can download this Monday, October 4, 2010, make the Final Rule at the following Internet (b) To request a different method of following corrections: compliance or a different compliance time addresses: for this AD, follow the procedures in 14 CFR PART 1206—PRODUCT VALUATION http:\\www.publicdebt.treas.gov, 39.19. Contact the Manager, Boston Aircraft [CORRECTED] http:\\www.gpo.gov, or Certification Office, ATTN: Michael Schwetz, http:\\www.regulations.gov. Aviation Safety Engineer, 12 New England Amendment Table for Part 1206 FOR FURTHER INFORMATION CONTACT: Executive Park, Burlington, MA 01803, [Corrected] telephone (781) 238–7761, fax (781) 238– Elisha Whipkey, Director, Division of 7170, for information about previously 1. On page 61070, in the table, in the Program Administration, Office of Retail approved alternative methods of compliance. first column ‘‘Amend’’: Securities, Bureau of the Public Debt, at

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(304) 480–6319 or to this rule because, pursuant to 5 periodic ACH credits from your [email protected]. U.S.C. 553(a)(2), it is not required to be employer or financial institution to Susan Sharp, Attorney-Adviser, Ann issued with notice and opportunity for purchase a payroll zero-percent Fowler, Attorney-Adviser, Dean Adams, public comment. certificate of indebtedness until a Assistant Chief Counsel, Edward Paperwork Reduction Act (PRA). sufficient amount of payroll zero- Gronseth, Deputy Chief Counsel, Office There is no new collection of percent certificate of indebtedness is of the Chief Counsel, Bureau of the information contained in this final rule accumulated to enable the purchase of Public Debt, at (304) 480–8692 or that would be subject to the PRA, 44 a savings bond in an amount, series, and [email protected]. U.S.C. 3501 et seq. Under the PRA, an registration that you previously selected SUPPLEMENTARY INFORMATION: United agency may not conduct or sponsor, and using functionality in your States Savings Bonds are non- a person is not required to respond to, TreasuryDirect account. (See also the marketable Treasury securities which a collection of information unless it definition of payroll zero-percent have been sold continuously since displays a valid OMB control number. certificate of indebtedness.) March 1935. Savings bonds were The Office of Management and Budget Payroll Zero-Percent Certificate of introduced as a means of encouraging already has approved all collections of Indebtedness is a restricted form of the broad public participation in information in 31 CFR Part 363 under zero-percent certificate of indebtedness government financing by making OMB control number 1535–0138. that is held separately from the zero- Treasury securities available in small Congressional Review Act (CRA). This percent certificate of indebtedness and denominations specially tailored to the rule is not a major rule pursuant to the used only for purchases made through small investor. Today, savings bonds CRA, 5 U.S.C. 801 et seq., because it is the payroll savings plan. (See also the continue to be an important savings and a minor amendment that is expected to definition for zero-percent certificate of investment tool for individuals, and decrease costs for employers indebtedness.) Treasury is committed to offering participating in a payroll savings plan; * * * * * savings bonds to the public as therefore, this rule is not expected to Zero-Percent Certificate of efficiently as possible. lead to any of the results listed in 5 Indebtedness is a one-day, non-interest- In order to reduce costs, enhance U.S.C. 804(2). This rule may take bearing security that automatically customer service, and minimize immediate effect after we submit a copy matures and is rolled over each day environmental impact, Treasury is of it to Congress and the Comptroller until you request that it be redeemed. discontinuing the issuance of definitive General. ■ 6. Add § 363.30 to read as follows: (paper) savings bonds through payroll savings plans. In order to provide a List of Subjects in 31 CFR Part 363 § 363.30 What actions may Treasury take if more efficient, electronic, automatic Bonds, Electronic funds transfer, funds used to purchase a security were method for the purchase of savings Federal Reserve system, Government credited or debited in error or through fraud? bonds through payroll savings, Treasury securities, Securities. (a) If Treasury sustains a loss because is enhancing its TreasuryDirect system ■ Accordingly, for the reasons set out in by adding a payroll savings function. the funds used to purchase a security the preamble, 31 CFR Chapter II, were debited from an account at a TreasuryDirect is an online account Subchapter B, is amended as follows: system in which investors may hold and financial institution from which the TreasuryDirect account owner did not conduct transactions in eligible book- PART 363—REGULATIONS have the right to authorize such ACH entry Treasury securities. The new GOVERNING SECURITIES HELD IN debit entry, we reserve the right to payroll savings function will permit TREASURYDIRECT® employees, through their employer or a redeem that security from the account financial institution, to credit funds on ■ 1. The authority citation for Part 363 and use the proceeds to reimburse a recurring basis to purchase a payroll continues to read as follows: Treasury for the loss. If such security zero-percent certificate of indebtedness. Authority: 5 U.S.C. 301; 12 U.S.C. 391; 31 has been transferred to another When the payroll zero-percent U.S.C. 3102, et seq.; 31 U.S.C. 3121, et seq. TreasuryDirect account, we reserve the certificate of indebtedness balance is right to reverse the transfer, redeem the ■ 2. Amend § 363.6 by removing the sufficient, a savings bond will be security, and use the proceeds to definition of ‘‘Certificate of automatically purchased in the amount, reimburse Treasury for the loss. If such indebtedness’’. series, and registration previously security has been redeemed or has ■ selected by the employee. 3. In Part 363, revise all references to matured and the proceeds paid to the ‘‘certificate of indebtedness’’ to read account owner, we reserve the right to Procedural Requirements ‘‘zero-percent certificate of take any action that we deem Executive Order 12866. This rule is indebtedness’’ wherever they appear. appropriate, including redeeming other not a significant regulatory action ■ 4. In Part 363, revise all references to securities remaining in the account and pursuant to Executive Order 12866. ‘‘certificates of indebtedness’’ to read using the proceeds to reimburse Administrative Procedure Act (APA). ‘‘zero-percent certificates of Treasury for the loss. Because this rule relates to United indebtedness’’ wherever they appear. (b) If an employer or a third-party States securities, which are contracts ■ 5. Amend § 363.6 by adding agent acting on behalf of one or more between Treasury and the owner of the definitions of ‘‘Payroll Savings Plan,’’ employers certifies, under penalty of security, this rule falls within the ‘‘Payroll Zero-Percent Certificate of perjury, that it has made an erroneous contract exception to the APA, 5 U.S.C. Indebtedness,’’ and ‘‘Zero-Percent ACH credit entry to purchase a 553(a)(2). As a result, the notice, public Certificate of Indebtedness’’ in TreasuryDirect certificate of comment, and delayed effective date alphabetical order to read as follows: indebtedness, we reserve the right to provisions of the APA are inapplicable redeem securities from the to this rule. § 363.6 Definitions. TreasuryDirect account to which the Regulatory Flexibility Act. The * * * * * entry was made in the amount of the provisions of the Regulatory Flexibility Payroll Savings Plan is a method for erroneous entry and return the funds. Act, 5 U.S.C. 601 et seq., do not apply the purchase of savings bonds using No action will be taken if the

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certification is not received by Treasury (2) a debit from your designated payroll zero-percent certificate of within 45 days of the erroneous entry. account at a financial institution using indebtedness to purchase a savings We will only return funds if the the ACH method, limited to $1000 or bond in the amount, series, and erroneous entry was made to an account less per transaction; or registration that you selected, the that does not belong to the intended (3) using the proceeds of maturing TreasuryDirect® system will recipient, is a duplicate payment, is in securities held in your TreasuryDirect® automatically redeem your payroll zero- an amount that is greater than was account. percent certificate of indebtedness and authorized by the recipient, or was (d) Payment for a payroll zero-percent purchase your selected savings bond. made in error because the employee was certificate of indebtedness. The only not in a pay status. We reserve the right method available to purchase a payroll § 363.60 How do I discontinue my to refuse to return an entry. By zero-percent certificate of indebtedness participation in my payroll savings plan? requesting that Treasury correct an is to arrange for your employer or You may discontinue your erroneous entry, the employer agrees to financial institution to send a credit by participation in your payroll savings indemnify Treasury for any loss that the ACH method to purchase a payroll plan by arranging with your employer or Treasury may incur as a result of the zero-percent certificate of indebtedness financial institution to discontinue correction of the error and agrees to in your TreasuryDirect® account. sending funds. provide such information and assistance ■ 8. Amend § 363.45 by revising ■ 10. Revise the heading for Subpart D as Treasury may require. paragraph (f) to read as follows: to read as follows: (c) If a financial institution, except a financial institution acting on behalf of § 363.45 What are the rules for judicial and Subpart D—Zero-Percent Certificate of administrative actions involving securities an employer, makes an erroneous ACH ® Indebtedness credit entry to a TreasuryDirect® held in TreasuryDirect ? account and provides a certification as * * * * * ■ 11. Add an undesignated center to the circumstances of the erroneous (f) Internal Revenue Service (IRS) levy. heading prior to § 363.130, to read as entry within 6 months of the entry date, We will honor an IRS notice of levy follows: we will notify the account owner of the under section 6331 of the Internal erroneous ACH credit entry and attempt Revenue Code: GENERAL to resolve the issue. We reserve the right (1) Against the owner, as owner is defined in § 363.6 of this part, including ■ 12. Amend § 363.131 by revising the to place a hold on and to redeem first sentence and adding a fifth ® a levy against the owner in the capacity securities from the TreasuryDirect sentence to read as follows: account to which the ACH credit entry of nominee, transferee, or alter ego; (2) Against a secondary owner, if the ® was made in the amount of the § 363.131 What is a TreasuryDirect zero- secondary owner has the right to erroneous credit entry and return the percent certificate of indebtedness? conduct transactions in a security at the funds to the financial institution. The ® date and time the notice of levy is A TreasuryDirect zero-percent financial institution agrees to indemnify delivered to Public Debt; or certificate of indebtedness is a non- Treasury for any loss that Treasury may (3) Against an owner’s property to interest-bearing security that is issued incur as a result of the correction of the which a federal tax lien is attached. daily, with a one-day maturity, which error and agrees to provide information automatically rolls over at maturity * * * * * and assistance as Treasury may require. until you request redemption. * * * ■ ■ 7. Amend § 363.37 by revising 9. Add §§ 363.59 and 363.60 to read The payroll zero-percent certificate of paragraphs (b) and (c) and adding as follows: indebtedness is a restricted form of the paragraph (d) to read as follows: § 363.59 What is a payroll savings plan? zero-percent certificate of indebtedness A payroll savings plan is an automatic that is held separately from the zero- § 363.37 How do I purchase and make percent certificate of indebtedness and payment for eligible Treasury securities method of purchasing savings bonds. through my TreasuryDirect® account? (See the definition in § 363.6.) You may used only for purchases made through the payroll savings plan. * * * * * open your payroll savings plan by (b) Payment for savings bonds and selecting an amount, series, and § 363.143 [Removed] marketable Treasury securities. You can registration for your savings bond ■ pay for eligible savings bonds and purchases using functionality in your 13. Remove § 363.143. ® marketable Treasury securities by either TreasuryDirect account. Each bond §§ 363.138, 363.139, 363.140, 363.141, a debit from your designated account at purchase must be in a minimum amount 363.142, 363.144, 363.145, 363.146 a United States financial institution of $25 with additional one-cent [Redesignated as §§ 363.141, 363.138, using the ACH method, or by using the increments above that amount, up to a 363.142, 363.143, 363.144, 363.145, 363.139, redemption proceeds of your zero- maximum amount of $5000, in any one and 363.140] transaction. The series may be either a percent certificate of indebtedness. You ■ 14. Redesignate §§ 363.138, 363.139, Series EE or Series I savings bond. The can pay for savings bonds automatically 363.140, 363.141, 363.142, 363.144, registration may be any authorized form using the redemption proceeds of your 363.145, 363.146 as §§ 363.141, 363.138, of registration for an electronic savings payroll zero-percent certificate of 363.142, 363.143, 363.144, 363.145, bond. You must also initiate a request indebtedness through the payroll 363.139, and 363.140 respectively. savings plan. to your employer or your financial (c) Payment for zero-percent institution to send credits on a recurring ■ 15. Add an undesignated center certificate of indebtedness. You can pay basis to your payroll savings plan heading prior to § 363.141 to read as for a zero-percent certificate of through the ACH method to purchase a follows: indebtedness by: payroll zero-percent certificate of ZERO-PERCENT CERTIFICATE OF (1) a credit from your financial indebtedness. (See Subpart D for more INDEBTEDNESS institution or employer using the ACH information about a payroll zero-percent method to your TreasuryDirect® certificate of indebtedness.) When you ■ 16. Revise newly redesignated account; have accumulated a sufficient amount of § 363.141 to read as follows:

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§ 363.141 How do I purchase a zero- § 363.147 How do I purchase a payroll docket are part of docket USCG–2010– percent certificate of indebtedness? zero-percent certificate of indebtedness? 1039 and are available online by going (a) Primary and linked accounts. You You may purchase a payroll zero- to http://www.regulations.gov, inserting may purchase a zero-percent certificate percent certificate of indebtedness USCG–2010–1039 in the ‘‘Keyword’’ box of indebtedness through one or more of through your TreasuryDirect® account and then clicking ‘‘Search’’. They are the following four methods: using your payroll savings plan. (See also available for inspection or copying (1) Payroll deduction, in which your §§ 363.59 and 363.60 for more at the Docket Management Facility (M– employer sends funds through the ACH information on opening a payroll ® 30), U.S. Department of Transportation, method to your TreasuryDirect savings plan.) The only method of West Building Ground Floor, Room account; purchase for a payroll zero-percent (2) deposit by your financial W12–140, 1200 New Jersey Avenue, SE., certificate of indebtedness is a credit of Washington, DC 20590, between 9 a.m. institution, in which your financial funds from your employer or financial institution sends funds by the ACH and 5 p.m., Monday through Friday, ® institution using the ACH method. You except Federal holidays. method to your TreasuryDirect account cannot purchase a payroll zero-percent on a recurring or one-time basis; certificate of indebtedness by using a FOR FURTHER INFORMATION CONTACT: If (3) through the Buy Direct function of ® debit from your financial institution. you have questions on this rule, call or your TreasuryDirect account, in which e-mail Eric A. Washburn, Bridge you direct us to debit funds from your § 363.148 Can I redeem all or a portion of Administrator, Coast Guard; telephone financial institution account to purchase my accumulated payroll zero-percent 314–269–2378, e-mail certificate of indebtedness? a zero-percent certificate of [email protected]. If you have indebtedness. This method is limited to You may redeem all or a portion of questions on viewing the docket, call an amount no greater than $1000 per your accumulated payroll zero-percent Renee V. Wright, Program Manager, transaction. When you use the Buy certificate of indebtedness to any Docket Operations, telephone 202–366– Direct function to debit funds to financial institution that is of record in 9826. purchase all or a portion of a zero- your TreasuryDirect® account. percent certificate of indebtedness, you SUPPLEMENTARY INFORMATION: The Richard L. Gregg, will not be permitted to schedule a Chicago, Central & Pacific Railroad redemption to your financial institution Fiscal Assistant Secretary. requested a temporary deviation for the from the zero-percent certificate of [FR Doc. 2010–28853 Filed 11–18–10; 8:45 am] Illinois Central Railroad Drawbridge, indebtedness within five business days BILLING CODE 4810–39–P across the Upper Mississippi River, mile after the settlement date of the debit 579.9, at Dubuque, Iowa to open on entry; and signal if at least 24 hours advance notice (4) by using the proceeds from the DEPARTMENT OF HOMELAND is given for 79 days from 12:01 a.m., redemption of a savings bond, the SECURITY December 13, 2010 to 7 a.m., March 1, proceeds of a maturing security, or an 2011 to allow the bridge owner time for Coast Guard interest payment from a security to preventive maintenance. The Illinois purchase a zero-percent certificate of Central Railroad Drawbridge currently 33 CFR Part 117 indebtedness. operates in accordance with 33 CFR (b) Payroll savings plan. You may [Docket No. USCG–2010–1039] 117.5, which states the general purchase a payroll zero-percent requirement that drawbridges shall open certificate of indebtedness for your Drawbridge Operation Regulation; promptly and fully for the passage of payroll savings plan through payroll Upper Mississippi River, Dubuque, IA vessels when a request to open is given deduction, in which your employer in accordance with the subpart. sends funds through the ACH method to AGENCY: Coast Guard, DHS. your TreasuryDirect® payroll savings ACTION: Notice of temporary deviation There are no alternate routes for plan, or through a credit using the ACH from regulations. vessels transiting this section of the method by your financial institution, in Upper Mississippi River. SUMMARY: The Commander, Eighth which your financial institution sends Coast Guard District, has issued a Winter conditions on the Upper funds by the ACH method to your Mississippi River coupled with the ® temporary deviation from the regulation TreasuryDirect payroll savings plan. governing the operation of the Illinois closure of Army Corps of Engineer’s ■ 17. Amend the heading of the newly Central Railroad Drawbridge across the Lock No. 20 (Mile 343.2 UMR), Lock No. redesignated § 363.144 by removing the Upper Mississippi River, mile 579.9, at 21 (Mile 324.9 UMR) and Lock No. 22 phrase ‘‘for cash.’’ Dubuque, Iowa. The deviation is (Mile 301.2 UMR) until 4:30 p.m., ■ 19. Add an undesignated center necessary to allow the bridge owner March 4, 2011 will preclude any heading after the newly redesignated time to perform preventive maintenance significant navigation demands for the § 363.145, to read as follows: that is essential to the continued safe drawspan opening. PAYROLL ZERO-PERCENT operation of the drawbridge. The Illinois Central Railroad CERTIFICATE OF INDEBTEDNESS Maintenance is scheduled in the winter Drawbridge, in the closed-to-navigation and when there is less impact on position, provides a vertical clearance of ■ 20. Add §§ 363.146 through 363.148, navigation; instead of scheduling work 19.9 feet above normal pool. Navigation to read as follows: in the summer, when river traffic on the waterway consists primarily of § 363.146 Who may purchase a payroll increases. This deviation allows the commercial tows and recreational zero-percent certificate of indebtedness? bridge to open on signal if at least 24 watercraft. The drawbridge will open if Only an individual TreasuryDirect® hours advance notice is given. at least 24 hours advance notice is account owner may purchase a payroll DATES: This deviation is effective from given. This temporary deviation has zero-percent certificate of indebtedness, 12:01 a.m., December 13, 2010 to 7 a.m. been coordinated with waterway users. only through his or her primary March 1, 2011. No objections were received. account, and only through the payroll ADDRESSES: Documents mentioned in In accordance with 33 CFR 117.35(e), savings plan. this preamble as being available in the the drawbridge must return to its regular

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operating schedule immediately at the Comments and related material must I. Public Participation and Request for end of the designated time period. This be received by the Coast Guard on or Comments deviation from the operating regulations before January 3, 2011. We encourage you to participate in is authorized under 33 CFR 117.35. ADDRESSES: You may submit comments this rulemaking by submitting Dated: November 10, 2010. identified by docket number USCG– comments and related materials. All Eric A. Washburn, 2002–12702 using any one of the comments received will be posted, Bridge Administrator. following methods: without change, to http:// [FR Doc. 2010–29166 Filed 11–18–10; 8:45 am] (1) Federal eRulemaking Portal: www.regulations.gov and will include BILLING CODE 9110–04–P http://www.regulations.gov. any personal information you have (2) Fax: 202–493–2251. provided. (3) Mail: Docket Management Facility A. Submitting Comments DEPARTMENT OF HOMELAND (M–30), U.S. Department of If you submit comments, please SECURITY Transportation, West Building Ground include the docket number for this Floor, Room W12–140, 1200 New Jersey Coast Guard rulemaking (USCG–2002–12702), Avenue, SE., Washington, DC 20590– indicate the specific section of this 0001. 33 CFR Part 167 document to which each comment (4) Hand Delivery: Same as mail applies, and provide a reason for each [Docket No. USCG–2002–12702] address above, between 9 a.m. and suggestion or recommendation. You 5 p.m., Monday through Friday, except RIN 1625–AA48 may submit your comments and Federal holidays. The telephone number material online, or by fax, mail or hand is 202–366–9329. Traffic Separation Schemes: In the delivery, but please use only one of Strait of Juan de Fuca and Its To avoid duplication, please use only these means. We recommend that you Approaches; in Puget Sound and Its one of these four methods. See the include your name and a mailing Approaches; and in Haro Strait, ‘‘Public Participation and Request for address, an e-mail address, or a Boundary Pass, and the Strait of Comments’’ portion of the telephone number in the body of your Georgia SUPPLEMENTARY INFORMATION section document so that we can contact you if below for instructions on submitting we have questions regarding your AGENCY: Coast Guard, DHS. comments. submission. ACTION: Interim rule with request for FOR FURTHER INFORMATION CONTACT: If To submit your comment online, go to comments. you have questions on this rule, contact http://www.regulations.gov and click on the ‘‘submit a comment’’ box, which will SUMMARY: In this interim rule with Mr. George Detweiler, U.S. Coast Guard Office of Waterways Management, then become highlighted in blue. In the request for comments, the Coast Guard ‘‘Document Type’’ drop down menu codifies traffic separation schemes in telephone 202–372–1566, or e-mail [email protected]. If you select ‘‘Proposed Rule’’ and insert the Strait of Juan de Fuca and its ‘‘USCG–2002–12702’’ in the ‘‘Keyword’’ approaches, in Puget Sound and its have questions on viewing or submitting material to the docket, call Ms. Renee V. box. Click ‘‘Search’’ then click on the approaches, and in Haro Strait, balloon shape in the ‘‘Actions’’ column. Boundary Pass, and the Strait of Wright, Program Manager, Docket Operations, telephone 202–366–9826. If you submit your comments by mail or Georgia. These traffic separation hand delivery, submit them in an SUPPLEMENTARY INFORMATION: schemes (TSSs) were validated by a Port unbound format, no larger than 81⁄2 by Access Route Study (PARS) conducted Table of Contents for Preamble 11 inches, suitable for copying and under the Ports and Waterways Safety electronic filing. If you submit them by Act (PWSA), 33 U.S.C. 1221–1232 and I. Public Participation and Request for mail and would like to know that they were adopted by the International Comments A. Submitting Comments reached the Facility, please enclose a Maritime Organization (IMO). They stamped, self-addressed postcard or have been shown on National Oceanic B. Viewing Comments and Documents C. Privacy Act envelope. We will consider all and Atmospheric Administration D. Public Meeting comments and material received during (NOAA) charts since 2006, and are II. Abbreviations the comment period and may change currently documented in the IMO III. Regulatory History this rule based on your comments. publication ‘‘Ships’ Routeing,’’ Ninth IV. Basis and Purpose Edition, 2008. A. General B. Viewing Comments and Documents Codifying these internationally B. TSS History To view comments, as well as recognized traffic separation schemes C. Port Access Route Study (PARS) documents mentioned in this preamble V. Discussion of NPRM Comments provides better routing order and as being available in the docket, go to predictability, increases maritime safety, VI. Discussion of the Interim Rule (IR) VII. Regulatory Analyses http://www.regulations.gov and click on and reduces the potential for collisions, A. Regulatory Planning and Review the ‘‘read comments’’ box, which will groundings, and hazardous cargo spills. B. Small Entities then become highlighted in blue. In the The Coast Guard is issuing this C. Assistance for Small Entities ‘‘Keyword’’ box insert ‘‘USCG–2002– interim rule with a request for D. Collection of Information 12702’’ and click ‘‘Search.’’ Click the comments to permit the public to E. Federalism ‘‘Open Docket Folder’’ in the ‘‘Actions’’ comment on changes made to some F. Unfunded Mandates Reform Act column. If you do not have access to the geographic positions located in Haro G. Taking of Private Property Internet, you may view the document H. Civil Justice Reform Strait, Boundary Pass, and the Strait of online by visiting the Docket Georgia that were made after the notice I. Protection of Children J. Indian Tribal Governments Management Facility in Room W12–140 of proposed rulemaking (NPRM). K. Energy Effects on the ground floor of the Department DATES: This interim rule is effective L. Technical Standards of Transportation West Building, 1200 January 18, 2011. M. Environment New Jersey Avenue, SE., Washington,

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DC 20590, between 9 a.m. and 5 p.m., public meeting, and we did not hold However, these TSSs were never added Monday through Friday, except Federal one. to the CFR. holidays. We have an agreement with As described in the NPRM, the TSSs IV. Basis and Purpose the Department of Transportation to use in the Strait of Juan de Fuca and its the Docket Management Facility. A. General approaches; in Puget Sound and its approaches; and in Haro Strait, C. Privacy Act The Ports and Waterways Safety Act Boundary Pass, and the Strait of Georgia Anyone can search the electronic (PWSA; 33 U.S.C. 1221–1232) grants the were implemented on December 1, form of comments received into any of Coast Guard authority to establish traffic 2002, per IMO Circular COLREG.2/ our dockets by the name of the separation schemes (TSSs) where Circ.51 dated May 31, 2002. To view the individual submitting the comment (or necessary, to provide safe access routes circular, visit the docket for this signing the comment, if submitted on for vessels proceeding to or from United rulemaking at http:// behalf of an association, business, labor States ports. Before implementing a new www.regulations.gov. union, etc.). You may review a Privacy TSS or modifying an existing TSS, we Canada and the United States Act notice regarding our public dockets conduct a Port Access Route Study submitted a joint proposal to the IMO in in the January 17, 2008, issue of the (PARS). Through the PARS process, we March 2004 requesting minor changes to Federal Register (73 FR 3316). consult with affected parties to some coordinates of the TSSs in Puget reconcile the need for safe access routes Sound and its approaches in Haro Strait, D. Public Meeting with the need to accommodate other Boundary Pass, and the Strait of We do not now plan to hold a public reasonable uses of the waterway, such Georgia. The IMO approved the changes meeting. But you may submit a request as oil and gas exploration, deepwater and they were implemented on July 1, for one using one of the methods port construction, establishment of 2005, per IMO Circular COLREG.2/ specified under ADDRESSES. In your marine sanctuaries, and recreational and Circ.55 dated December 15, 2004. To request, explain why you believe a commercial fishing. If a PARS view the circular, visit the docket for public meeting would be beneficial. If recommends a new or modified TSS, we this rulemaking at http:// we determine that one would aid this must initiate a rulemaking to implement www.regulations.gov. rulemaking, we will hold one at a time or modify the TSS. Once a TSS has been Canada and the United States and place announced by a later notice established, the right of navigation takes submitted a second joint proposal to the in the Federal Register. precedence over all other uses within IMO in March 2005, requesting the TSS. additional minor changes to the II. Abbreviations Canadian portion of the TSSs in the The International Maritime Strait of Juan de Fuca and its ATBA Area To Be Avoided Organization (IMO) follows a parallel approaches. The IMO approved the CFR Code of Federal Regulations structure. It receives proposals for vessel changes and they were implemented on CVTS Cooperative Vessel Traffic traffic measures from the country or December 1, 2006, per IMO Circular Service countries with jurisdiction over the FR Federal Register COLREG.2/Circ.57 dated May 26, 2006. affected waterway. If the IMO adopts a IMO International Maritime To view the circular, visit the docket for proposal, it publishes the vessel traffic Organization this rulemaking at http:// measure in its publication ‘‘Ships IR Interim Rule www.regulations.gov. ’’ NOAA National Oceanic and Routeing. In this way, the IMO serves All TSSs that would be codified by Atmospheric Administration as a clearing agent to ensure that vessel this interim rule have been shown in NPRM Notice of Proposed Rulemaking traffic measures are made available to their current configuration on NOAA PARS Port Access Route Study the global maritime community through charts since 2006 and are published in PWSA Ports and Waterways Safety Act a single source. Additionally, when the ‘‘Ships’ Routeing,’’ Ninth Edition, 2008, RNA Regulated Navigation Area IMO adopted the TSSs, it made the published by the IMO. NOAA adds or TSS Traffic Separation Scheme provisions of Rule 10 of the modifies TSSs on its charts after they TEU Twenty-Foot Equivalent Unit International Regulations for Avoiding are either added to the CFR by the Coast Collisions at Sea (COLREGS) applicable III. Regulatory History Guard or adopted by the IMO. The IMO to vessels using the TSSs. Ships’ Routeing instructions can be On August 27, 2002, we published a B. TSS History purchased from IMO through their Web notice of proposed rulemaking (NPRM) site at http://www.imo.org. entitled ‘‘Traffic Separation Schemes: In The IMO first adopted TSSs in the the Strait of Juan de Fuca and its Strait of Juan de Fuca and its C. Port Access Route Study (PARS) Approaches; in Puget Sound and its approaches on April 3, 1981, and The Coast Guard published a notice of Approaches; and in Haro Strait, implemented them January 1, 1982. The study on January 20, 1999, (64 FR 3145). Boundary Pass, and the Strait of IMO adopted TSSs in Puget Sound and The study results can be found at Georgia’’ in the Federal Register (67 FR its approaches on December 1992, and Regulations.gov under docket number 54981). The NPRM was originally implemented them on June 10, 1993. As USCG–1999–4974. The purpose of the assigned a Department of Transportation discussed in C. below, on January 20, study was to review and evaluate the rulemaking identification number (RIN) 1999, the Coast Guard published a need for modifications to the vessel 2115–AG45. It has been reassigned a PARS ‘‘Notice of Study’’ (64 FR 3145). routing and traffic management Department of Homeland Security RIN We published a notice of preliminary measures in and around the Strait of 1625–AA48. The docket number has not study recommendations with request for Juan de Fuca, including Admiralty Inlet, changed. We received nine letters comments on February 23, 2000 (65 FR Haro Strait, Boundary Pass, the Strait of commenting on the proposed 8917). On August 27, 2002, the Coast Georgia, Rosario Strait, and adjacent regulations discussed in the NPRM. We Guard published an NPRM (66 FR 6514) waters. The study area also outlined discuss our responses to these regarding the TSSs that are the subject both United States and Canadian TSSs comments in Part V of this interim rule. of this rulemaking as discussed in Part and the Area to be Avoided (ATBA) ‘‘Off The commenters did not request a III, ‘‘Regulatory History’’ above. the Washington Coast.’’ United States

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and Canadian Coast Guards establishing a precautionary area off of did not reconfigure the TSSs as cooperatively manage portions of the Turn Point; recommended by these commenters. An study area. The countries accomplish 7. Expanding the precautionary area explanation of the consultation process joint waterway management primarily designated ‘‘RB,’’ at the south end of and its results are further discussed in through the Cooperative Vessel Traffic Rosario Strait; section VII. J., ‘‘Indian Tribal Service (CVTS). A CVTS agreement 8. Revising and aligning the existing Governments.’’ entered into in 1979 sets forth the terms TSS in Georgia Strait with the existing One commenter agreed that a and conditions for joint management of TSS north of Rosario Strait and linking modified TSS is necessary in the Strait the CVTS. Under the CVTS Agreement, them with a new precautionary area off of Juan de Fuca, but disagreed with the vessel traffic centers located at Tofino of East Point; and new demarcation around Haro Strait. and Victoria, British Columbia, Canada; 9. Creating a new precautionary area The same commenter proposed that the and Seattle, Washington, manage vessel in Georgia Strait west of Delta Port and lane near the Haro Strait be widened so traffic transiting in the study area, the Tsawwassen Ferry terminal. that faster ships would be able to pass slower ships in transit. We agreed with regardless of the boundary between the V. Discussion of NPRM Comments two countries. the commenter. The area referred to by We developed the PARS using several As a follow-up to the PARS, the Coast the commenter is managed by the related vessel traffic studies, waterways Guard published an NPRM on August Canadian Coast Guard. Therefore, we analysis and management system 27, 2002 (67 FR 54981). We received worked with Canada and developed a reports, and extensive consultations nine letters in response to the NPRM. mutually agreeable proposal that is between the United States and Canadian Five commenters disagreed with the currently shown on NOAA charts and governments. Officials from both proposed TSS in the Strait of Juan de IMO publications. The IR reflects governments embarked on an outreach Fuca and stated that: changes to the demarcation around Haro program to present recommended (1) The proposed TSS would cause a Straight and a widening of the lane near changes in the study area and request net loss of over 30 percent of fishable Haro Straight. comments from a wide group of waters; One commenter assessed the TSS in waterway users and other potentially (2) The proposed TSS represented a the Strait of Juan de Fuca and asserted affected and interested groups, violation of certain tribal treaty rights that the proposed lanes would not including the general public; that had been enjoyed by local tribes for create any new safety problems in the representatives of the shipping industry, decades; and Strait. The commenter also evaluated master mariners, ports, pilots, and (3) The proposed TSS would affect a the tribes’ proposals and concluded that environmental interests; U.S. Federal, significant number of local tribes. the proposed lanes would not cause any A sixth commenter disagreed with the State, and local government agencies; extra safety hazards in the Strait. We modified TSS on the grounds that it Canadian government agencies; and concurred with this commenter and did would cause local tribes to lose a tribal governments. We took into not amend the TSSs in this area. significant amount of fishable waters. account the responders’ concerns, One commenter agreed with the Because of these comments, we entered including impacts to industry and the proposed TSS in the Strait of Juan de into tribal consultations under environment, when conducting the Fuca, but advocated that we implement Executive Order 13175. As a result of PARS. The recommended changes also more stringent safety guidelines for oil these consultations, the local tribes considered the increased burden to and tankers. This commenter also proposed agreed to take no action that would the practical navigation aspects for the that we provide charts of the modified prevent the TSSs as described in the IR shipping industry. We published a TSSs in the Code of Federal Regulations from taking effect and the Coast Guard notice of preliminary study (CFR). We did not concur with agreed to: (1) Make permanent existing recommendations with request for implementing more stringent safety interim Vessel Traffic Service measures comments on February 23, 2000 (65 FR guidelines for oil tankers in this related to the treaty longline fishery and 8917). We published a notice of study rulemaking. Implementing more treaty salmon fishery; and (2) results for the PARS on January 22, 2001 stringent safety guidelines for oil implement a regulated navigation area (66 FR 6514). tankers is not within the scope of this In the PARS, we concluded that the (RNA) to further protect the tribes’ rulemaking. The focus of this rule is on TSSs, as they existed prior to the NPRM, interest in the area. The local tribes and the codification of TSSs. should be modified by: the U.S. Government, acting through the One commenter proposed including 1. Reconfiguring and extending Coast Guard, entered into a Settlement charts of the TSSs in the CFR. We did seaward the TSS at the entrance to the Agreement on April 19, 2006, to reflect not concur with providing charts of the Strait of Juan de Fuca; the rights and obligations of the parties. modified TSSs in the CFR. Providing 2. Modifying the location, orientation, An explanation of the consultation charts of the TSSs in the CFR would be and dimensions of the Strait of Juan de process and its results are further unwieldy, difficult to read, and would Fuca TSS; discussed in section VII. J., ‘‘Indian not be useful to mariners for 3. Relocating the pilot area and Tribal Governments.’’ navigational purposes. All TSSs reconfiguring the traffic lanes and Five commenters also proposed that codified in this rule are reflected on precautionary area off Port Angeles, we adopt a differently configured TSS, current NOAA charts and published in Washington, to improve traffic flow and which they claimed would maintain the IMO’s ‘‘Ships’ Routeing,’’ Ninth reduce risks; safety while adding to the fishable area Edition, 2008. 4. Moving the vessel traffic lanes in the separation zone by 5 percent. A VI. Discussion of the Interim Rule (IR) southeast of Victoria, British Columbia, sixth commenter proposed that we farther offshore; revisit the TSS and come up with a new This rule codifies the TSSs in the 5. Establishing precautionary areas off scheme that would not diminish Strait of Juan de Fuca and its of Discovery Island and around the fishable waters in the Strait of Juan de approaches; in Puget Sound and its Victoria Pilot Station; Fuca. We did not concur with the approaches; and in Haro Strait, 6. Creating a new two-way route in comments, but, as noted above, entered Boundary Pass, and the Strait of Haro Strait and Boundary Pass and into tribal consultations. Ultimately, we Georgia. All TSSs codified in this rule

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are shown on current NOAA charts and a greater margin of safety around the competed for space at this convergence are published in ‘‘Ships’ Routeing,’’ hazards of Duntze Rock and Tatoosh point in the traffic scheme. Ninth Edition, 2008, International Island. The traffic configuration was designed Maritime Organization. The TSSs In reconfiguring and extending the primarily to deliver inbound vessels to codified in this rule, except as TSSs beyond the configuration as it the pilot stations located at Port explained in paragraph 10 below, existed in August 2002, we considered Angeles, Washington; and Victoria, ‘‘Adjustment of TSSs in the IR,’’ are the location of fishing areas off the British Columbia. The configuration did based on the recommendations of the entrance to the Strait. While it was not not give adequate safety consideration PARS study published on January 22, possible to completely segregate the TSS to other waterway users. For example, 2001 (66 FR 6514). from the fishing areas, the changes the configuration did not separate the 1. Reconfiguring and extending minimize potential conflicts and Port Angeles pilots’ boarding area from seaward the TSS at the entrance to the improve the existing configuration. either the through traffic following the Strait of Juan de Fuca. In August 2002, Reconfiguring and extending the routes TSS or the traffic choosing to follow the all traffic entering the Strait of Juan de provides predictability farther offshore, informal inshore traffic lanes. The Fuca was funneled into the Strait thereby reducing potentially hazardous August 2002 TSS routing leading to the through one of two short traffic lanes. conflicts between vessels following the Port Angeles pilot station was identified The southwest inbound traffic lane TSS and vessels fishing at the entrance through casualty histories as a directed traffic within 1 mile of Duntze to the Strait. substantial cause for concern. Vessels Rock. This convergence near Buoy Juliet 2. Modifying the location, orientation, bound for the Port Angeles pilots’ was close to the rocky shoreline of Cape and dimensions of the TSS in the Strait station were required by the TSS to steer Flattery, lay within the Olympic Coast of Juan de Fuca. In August 2002, over almost directly on Ediz Hook. To pick National Marine Sanctuary, and two-thirds of the TSS was located on the up a pilot, a vessel first had to execute funneled inbound southern traffic along United States side of the International a 60-degree turn and then slow to the northern and western borders of the Boundary. The separation zone was maneuvering speed, which created existing ATBA. approximately four nautical miles wide, different impacts on the vessel’s steering A large percentage of the slower of which approximately three nautical capability. At this point, a vessel was traffic, including tugs and barges and miles was in United States waters. This particularly vulnerable to currents and small fishing vessels, usually transited alignment of the TSS reduced the seas. If an engineering failure occurred inbound and outbound south of the amount of navigable water available to during this operation, the vessel was at designated traffic lanes when on vessels transiting, outbound or inbound, significant risk of a drift or powered coastwise voyages to and from the grounding on Ediz Hook. south of the TSS and placed inbound south. This practice eliminated the need Since publication of the NPRM in traffic following the lanes closer to land for slower southbound traffic to cross August 2002 the pilot station has been than vessels transiting in the outbound the traffic lanes and the potentially relocated. Changing the traffic lane dangerous overtaking situations arising lanes. leading to the relocated pilot station from disparate transit speeds. However, In this interim rule with request for eliminated the need for an incoming under the configuration as of August comments, the western segment of the deep-draft vessel to steer directly 2002, this traffic scheme forced slower TSS shifts one-half mile to the north toward Ediz Hook to pick up a pilot. traffic to transit extremely close to and reduces the width of the entire The IR also adds a new east/west TSS Duntze Rock and infringed on either the separation zone to a maximum of three leading east from precautionary area ATBA or the inbound traffic lane. nautical miles. The minimum width of ‘‘PA’’ to establish a predictable route for Commercial and sport fishing areas the separation zone and the width of the vessels that do not require pilotage, thus were in and adjacent to the traffic lanes traffic lanes remains one nautical mile. reducing the risk of collision with at the entrance to the Strait. This reduces the potential for powered vessels maneuvering to pick up a pilot. Occasionally, fishing vessels in the area groundings on the United States 4. Moving the vessel traffic lanes created a potentially hazardous conflict shoreline by creating a larger buffer southeast of Victoria, British Columbia, for vessels following the TSS, between the TSS and shore. It also farther off shore. In August 2002, on the particularly during periods of reduced creates additional space for the existing Canadian side of the international visibility. in-shore vessel traffic that transits south boundary, outbound tugs and barges This interim rule with request for of the TSS. exited the TSS at Discovery Island. comments extends the TSS at the We considered the impact of the These vessels headed directly for the entrance to the Strait approximately 10 changes on the existing Canadian inshore routes south of Race Rocks, nautical miles farther offshore and Practice Firing Range (Exercise Area cutting across the inbound and centers the separation zone on the WH). Exercises will continue to be outbound TSS lanes south of Victoria. international border at the entrance. conducted in a manner that does not Outbound fishing vessels, exiting This creates a ‘‘buffer zone’’ between the conflict with commercial traffic Baynes Channel or passing east of southernmost TSS lane and Duntze following the TSS. Discovery Island, attempted to stay Rock and the nearby ATBA. This 3. Relocating the Pilot Area and north of the TSS. However, vessels relocation provides ample maneuvering reconfiguring the traffic lanes and frequently entered the lanes near Trial space for resolving conflicting routes as precautionary area off Port Angeles to Island, Discovery Island, and the pilot vessels converge toward the entrance of improve traffic flow and reduce risks. In station. This behavior created the Strait, which improves order and August 2002, five TSSs converged at the unnecessary and potentially dangerous predictability for all entry and exit precautionary areas (‘‘PA’’ and ‘‘ND’’) interactions between deep-draft vessels lanes. These changes, along with located to the north and east of Port following the TSS and smaller vessels changes for the ATBA boundary, allow Angeles. Ferries, recreational vessels, that choose to skirt or cut diagonally sufficient room for slower vessels to piloted deep-draft vessels, non-piloted across the TSS. transit without conflicting with inbound deep-draft vessels, tugs and tows, naval In the IR we move the vessel traffic traffic steering for the southern vessels, and large and small commercial lanes to create an inshore buffer by approach to the TSS. They also provide fishing vessels all interacted and decreasing the width of the TSS leading

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from the Victoria Pilot Station to the where vessels must negotiate a sight- 9. Creating a new precautionary area turn south of Discovery Island while obscured, right-angle turn in the in Georgia Strait west of Delta Port and maintaining the same southern presence of strong currents and the Tsawwassen Ferry Terminal. The boundary on the inbound lane. This numerous small craft. completion of the container facility at inshore buffer allows fishing vessels and 7. Expanding precautionary area ‘‘RB’’ Delta Port significantly increased the other small, slow moving vessels to at the south end of Rosario Strait. In volume of traffic entering and exiting transit directly between Discovery August 2002, deep-draft vessels often the TSS in the Strait of Georgia. There Island and Race Rocks, then inshore could not precisely follow the TSS has also been a considerable increase in north of the TSS, while avoiding the when approaching Rosario Strait from traffic to and from the Tsawwassen deep-draft TSS. the south. Strong currents made it Ferry Terminal. This rule establishes a 5. Establishing precautionary areas off impossible for vessels to avoid the precautionary area southwest of Delta Discovery Island and around the separation zone as they negotiated the Port and accommodates vessels Victoria Pilot Station. In August 2002, slight turns in the TSS just south of departing Delta Port and the the Victoria Pilot Station was located at precautionary area ‘‘RB.’’ The small Tsawwassen Ferry Terminal, as they the convergence of two TSSs where turns in the TSS approaching reach maneuvering speed before and there was significant traffic congestion precautionary area ‘‘RB’’ could not be while entering the TSS. as vessels transited to and from the eliminated without placing the TSS 10. Adjustment of TSSs in the IR. This ports of Victoria and Esquimault. uncomfortably close to other shoal IR adjusts the configuration of certain Likewise, three TSSs converged east and water. TSSs as proposed in the NPRM. The northeast of Discovery Island, where This rule replaces a small portion of TSSs have some coordinates located in vessels often entered or exited the traffic the lane with an expansion of United States waters and some scheme. Consequently, vessels had to precautionary area ‘‘RB.’’ The regulation coordinates located in Canadian waters. proceed with caution in both these enhances the safety of deep-draft As discussed above, the United States areas. To address the traffic congestion transits by eliminating a routing and Canada cooperatively manage in these areas this IR establishes new measure where large ships cannot vessel traffic in this area. Since precautionary areas ‘‘V’’, ‘‘HS,’’ and ‘‘DI.’’ comply and replacing it with a publication of the NPRM in August 6. Creating a new two-way route in precautionary area where ships must 2002, the United States and Canada Haro Strait and Boundary Pass and navigate with particular caution. have jointly submitted two proposals to establishing a precautionary area off 8. Revising and aligning the TSS in make adjustments to geographical Turn Point. In August 2002, there were the Strait of Georgia with the exiting coordinates located in Canadian waters. no formal traffic lanes in Haro Strait and TSS north of Rosario Strait and linking Both proposals were approved and are Boundary Pass. In recent years, the level them with a precautionary area off East reflected on current NOAA charts and of recreational boating has significantly Point. In August 2002, there were no published in the IMO’s ‘‘Ships’ increased. Also, there has been routing measures connecting the TSS in Routeing,’’ Ninth Edition, 2008. explosive growth in the number of small the Strait of Georgia that terminated off Since publication of the NPRM there commercial vessels providing whale- Patos Island with the TSS north of have been changes to some of the watching tours off the western shore of Rosario Strait that terminated off geographical coordinates located in both San Juan Island. This growth in the Saturna Island. Furthermore, these two Canadian and U.S. waters. Issuing an IR number of whale-watching tours has TSSs were not aligned. Traffic exiting allows the Coast Guard to codify the resulted in an increased number of the Strait of Georgia bound for Rosario coordinates of the TSSs as currently conflicts with deep-draft vessels. Strait followed the TSS to its shown on NOAA charts and IMO Turn Point is one of the more termination before angling back to the publications but also solicit public navigationally challenging areas of Haro north to enter the TSS at Patos Island. comment on the adjustments that Strait and Boundary Pass. Transiting Routing vessels in this manner crowded occurred since publication of the vessels must negotiate a blind right- the area and created a possible conflict NPRM. angle turn close to shore and in the with traffic southbound for Boundary As discussed above, the Coast Guard presence of strong currents. In addition, Pass. Finally, there was no published a NPRM for the TSSs in 2002. numerous secondary channels and precautionary area in the vicinity of East Subsequently, the U.S. and Canada have passages route traffic into Haro Strait in Point where traffic merged from several jointly submitted two proposals to the vicinity of Turn Point. directions. change some of the coordinates. Both This rule establishes a two-way route This rule creates a seamless and proposals were adopted by the IMO in Haro Strait and Boundary Pass that logical traffic scheme for this area. TSSs (IMO Circular COLREG.2/Cir.55 dated connects the TSS in Puget Sound and its are aligned and connected to the new December 15, 2004 and IMO Circular approaches and the TSS Haro Strait and two-way route in Boundary Pass COLREG.2/Circ. 57 dated May 26, Boundary Pass in the south. This rule through the creation of a new 2006). The Coast Guard did not publish increases order and predictability for precautionary area. By providing a a supplemental notice of proposed vessel traffic in these waters. The route contiguous TSS that connects the Strait rulemaking (SNPRM) for these changes. established by this IR reduces dangerous of Georgia TSS with both the new Under 5 U.S.C. 553(b)(B), the Coast interactions between the deep-draft Boundary Pass traffic lane and the old Guard finds that good cause exists for vessels following the TSS and smaller Patos Island TSS, this rule will allow not publishing an SNPRM. Under the vessels that choose not to follow the traffic bound for Rosario Strait to follow Administrative Procedure Act (APA) TSS. The regulation moves the edge of the TSS without impeding traffic ‘‘good cause’’ exception in 5 U.S.C. the traffic lane to the east from Kellet southbound for Boundary Pass. The new 553(b)(B), an agency may dispense with Bluff to Turn Point and creates a flair, precautionary area highlights the need notice and comment procedures if the or pull out, south of Turn Point to for potential crossing traffic in this area agency finds that following these APA provide maneuvering room for a vessel to exercise caution and provides oil requirements would be ‘‘impracticable, to safely negotiate the strong ebb tankers departing Cherry Point bound unnecessary, or contrary to the public currents. The regulation also creates a for Haro Strait with a predictable and interest.’’ See Jeffrey L. Lubbers, A precautionary area around Turn Point safe location to enter the traffic scheme. Guide to Federal Agency Rulemaking

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(4th ed.) 105–109 (2006) for a discussion because the maritime industry and the have also made clear that this of agency findings of good cause in lieu public have been aware of, and in fact preference should be balanced against of notice and comment procedures. actively using, the proposed TSSs for at the public’s interest in reaching a timely ‘‘Unnecessary,’’ for the purpose of the least four years. The IR merely seeks to and final decision without unnecessary good cause exceptions to the incorporate into the CFR the same TSSs or duplicative rounds of public requirements of the APA, refers to ‘‘the that have been in use since 2006 when comment.3 issuance of a minor rule in which the the current configurations first appeared In the current rule, the public’s public is not particularly interested.’’ on NOAA charts and in IMO interest to reach a timely and final United States Department of Justice, publications. There have been no decision without unnecessary or Attorney General’s Manual On The comments, complaints, or requests for duplicative rounds of public comment Administrative Procedure Act at 31 modification regarding the TSSs since outweighs the preference for additional (1947). Its use should be ‘‘confined to that time. As the agency charged with notice and comment because the public those situations in which the the establishment of TSSs, the Coast is not likely to have new or different administrative rule is a routine Guard would be aware of any such information. In fact, not only is it determination, insignificant in nature comments, complaints or requests. unlikely the public will have any new and impact, and inconsequential to the Courts prefer supplemental notice and or different information, but the public industry and to the public.’’ Utility Solid comment when the public is likely to is no longer interested in changes to this Waste Activities Group v. EPA, 236 F.3d have new or different information.1 The rule. As far as the public is concerned, 749, 755 (DC Cir. 2001), citing South proposed TSSs are unchanged from the these TSSs have been in active use for Carolina v. Block, 558 F.Supp. current familiar configuration. over four years. There have been no 1004,1016 (D.S.C. 1983). Participation Therefore, as there is little or no comments, complaints, or requests for in a TSS by a ship’s master is likelihood that the public has new or modification. Therefore, an SNPRM is completely voluntary. Participation in a different information than what is contrary to the public interest in that it voluntary scheme does not impose a currently available, there is no reason to defeats the public’s interest in reaching new requirement on mariners and delay reaching a timely and final a timely and final decision. therefore incorporation of the TSSs into decision by engaging in an unnecessary The table of changes below highlights the CFR is insignificant in nature and second round of public comment. those coordinates that have changed impact. Additional notice and comment is since the NPRM. If we receive Including the TSSs in the CFR at this contrary to the public interest: As stated comments on those changes, we will point is also inconsequential to the above, courts prefer supplemental consult with the Canadian Coast Guard maritime industry and to the public notice and comment.2 However, they regarding those comments.

TABLE OF CHANGES

Geographical position coordinates Section No. in the NPRM Proposed in the NPRM IR adjustment

167.1301(b) ...... 48°31.09′ N; 125°04.67′ W ...... 48°32.09′ N; 125°04.67′ W. 48°31.93′ N; 125°09.00′ W ...... 48°32.09′ N; 125°08.98′ W. 167.1303 ...... 48°31.09′ N; 125°04.67′ W ...... 48°32.09′ N; 125°04.67′ W (point listed twice). 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1311(b)(1) ...... 48°31.09′ N; 124°47.13′ W ...... 48°32.09′ N; 124°49.90′ W. 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1311(b)(2) ...... 48°31.09′ N; 124°47.13′ W ...... 48°32.09′ N; 124°49.90′ W (point listed twice). 48°31.09′ N; 125°00.00′ W ...... 48°32.09′ N; 125°00.00′ W. 167.1322(c)(1) ...... 48°27.79′ N; 123°07.80′ W ...... 48°28.72′ N; 123°08.53′ W. 48°27.58′ N; 123°08.10′ W ...... 48°28.39′ N; 123°08.64′ W. 167.1322(c)(3) ...... 48°28.15′ N; 123°07.31′ W ...... 48°29.28′ N; 123°08.35′ W. 167.1322(c)(5) ...... 48°27.43′ N; 123°08.94′ W ...... 48°27.86′ N; 123°08.81′ W. 167.1331 ...... All geographical positions are changed. A new pre- cautionary area ‘‘DI’’ has been added to the regula- tions. 167.1332(e) ...... 49°00.37′ N; 123°13.32′ W ...... 49°02.20′ N; 123°16.28′ W. 48°58.18′ N; 123°16.74′ W ...... 49°00.00′ N; 123°19.69′ W. 167.1332(f) ...... 48°59.53′ N; 123°14.66′ W ...... 49°01.39′ N; 123°17.53′ W. 49°03.80′ N; 123°21.24′ W ...... 49°03.84′ N; 123°21.30′ W. 49°03.14′ N; 123°22.26′ W ...... 49°03.24′ N; 123°22.41′ W. 48°58.90′ N; 123°15.63′ W ...... 49°03.24′ N; 123°22.41′ W. 49°00.75′ N; 123°18.52′ W. 167.1332(g) ...... 49°00.37′ N; 123°13.32′ W ...... 49°02.20′ N; 123°16.28′ W. 167.1332(h) ...... 48°58.18′ N; 123°16.74′ W ...... 49°00.00′ N; 123°19.69′ W.

VII. Regulatory Analyses executive orders related to rulemaking. based on 13 of these statutes or Below we summarize our analyses executive orders. We developed this interim rule after considering numerous statutes and

1 Idaho Farm Bureau Fed’n v. Babbit, 58 F.3d 3 AFL–CIO v. Office of Personnel Management, Health Research Group v. F.D.A., 724 F. Supp. 1392 (9th Cir. 1995). 618 F. Supp. 1254 (D.D.C. 1985); and Public Citizen 1013, 1022 (D.D.C. 1989). 2 Idaho Farm Bureau Fed’n v. Babbit, supra.

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A. Regulatory Planning and Review whether this interim rule has a Federalism, if it has a substantial direct This interim rule is not a ‘‘significant significant economic impact on a effect on State or local governments and regulatory action’’ under section 3(f) of substantial number of small entities. would either preempt State law or ‘‘ ’’ Executive Order 12866, Regulatory The term small entities comprises impose a substantial direct cost of Planning and Review, and does not small businesses, not-for-profit compliance on them. We have analyzed require an assessment of potential costs organizations that are independently this rule under that Order and have and benefits under section 6(a)(3) of that owned and operated and are not determined that it does not have Order. The Office of Management and dominant in their fields, and implications for federalism. Budget has not reviewed it under that governmental jurisdictions with The PWSA authorizes the Secretary of Order. populations of less than 50,000. Homeland Security to issue regulations In the NPRM, we certified under 5 Public comments on the NPRM are to designate TSSs to protect the marine U.S.C. 605(b) that the proposed rule summarized in Part V of this preamble. environment. In enacting the PWSA in would not have a significant economic Since the publication of the NPRM, 1972, Congress found that advance impact on a substantial number of small some geographical coordinates in planning and consultation with the entities. We received no public Canadian waters were modified. The affected States and other stakeholders comments and have made no changes local tribal governments and the Coast was necessary in the development and that would alter our assessment of Guard have reached an agreement implementation of a TSS. Throughout impacts to small entities in the NPRM. relative to the TSSs as described in this the history of the development of the We have found no additional data or preamble. An explanation of the TSSs in the Strait of Juan de Fuca and information that would change our consultation process and its results are its approaches; in Puget Sound and its findings in the NPRM. See the ‘‘Small further discussed in section VII.J., approaches; and in Haro Strait, Entity’’ section of the NPRM for ‘‘Indian Tribal Governments.’’ We Boundary Pass, and the Strait of additional details. Georgia, we consulted with the affected anticipate that the modifications to the Therefore, the Coast Guard certifies, TSSs made in consultation with the State and Federal pilots’ associations, under 5 U.S.C. 605(b), that this interim vessel operators, users, United States Indian Tribal governments do not alter rule does not have a significant our assessment of economic impacts in and Canadian Vessel Traffic Services, economic impact on a substantial Canadian Coast Guard and Transport the NPRM. number of small entities. If you think We received no further public Canada representatives, environmental that your business, organization, or advocacy groups, Native American comments and have made no other governmental jurisdiction qualifies as a changes that would alter our assessment tribal groups, and all affected small entity and that this rule will have stakeholders. of economic impacts in the NPRM. We a significant economic impact on it, have found no additional data or Presently, there are no Washington please submit a comment to the Docket State laws or regulations concerning the information that would change our Management Facility at the address findings in the NPRM. We have adopted same subjects as those contained in this under ADDRESSES. In your comment, the assessment in the NPRM for this rule. We understand that the State does explain why you think it qualifies and interim rule. not contemplate issuing any such how and to what degree this rule would As previously discussed, the TSSs regulations. It should be noted that, by economically affect it. codified in this IR are reflected on virtue of the PWSA authority, the TSSs current NOAA charts and published in C. Assistance for Small Entities in this rule preempt any State rule on the IMO’s publication ‘‘Ships’ Under section 213(a) of the Small the same subject. Routeing,’’ Ninth Edition, 2008. Business Regulatory Enforcement In order for TSSs to apply to foreign- As discussed in the NPRM, this Fairness Act of 1996 (Pub. L. 104–121), flagged vessels on the high seas, the rulemaking may result in a slight we offered to assist small entities in IMO must adopt and implement the increase in transit time because it understanding this rule so that they can TSSs. The individual States of the codifies the extension of the TSS at the better evaluate its effects on them and United States are not represented at the entrance of the Strait of Juan de Fuca participate in the rulemaking. If you IMO; that is the role of the Federal approximately 10 miles farther offshore. believe this rule affects your small government. The U.S. Coast Guard is the The additional 10-mile transit coming to business, organization, or governmental principal agency responsible for or from the Strait of Juan de Fuca jurisdiction and you have questions advancing the interests of the United through the southwestern approach may concerning its provisions or options for States at the IMO. We recognize the result in a minimal increase in compliance, please consult George interests of all local stakeholders as we regulatory costs to industry. Detweiler, Coast Guard, Marine work with the IMO to advance the goals We anticipate no increased costs for Transportation Specialist, at 202–372– of these TSSs. vessels traveling within the Strait of 1566. The U.S. Coast Guard will not F. Unfunded Mandates Reform Act Juan de Fuca and adjacent waterways, retaliate against small entities that nor any increased costs due to question or complain about this rule or The Unfunded Mandates Reform Act modifications of the TSSs in Puget any policy or action of the U.S. Coast of 1995 (2 U.S.C. 1531–1538) requires Sound and its approaches. Guard. Federal agencies to assess the effects of The expected benefits associated with their discretionary regulatory actions. In codifying the existing TSSs include a D. Collection of Information particular, the Act addresses actions potential reduction in the instances of This rule calls for no new collection that may result in the expenditure by a groundings, collisions, and other vessel of information under the Paperwork State, local, or tribal government, in the casualties, as well as an increase in Reduction Act of 1995 (44 U.S.C. 3501– aggregate, or by the private sector of vessel traffic efficiency. 3520). $100,000,000 (adjusted for inflation), or more in any one year. Though this rule B. Small Entities E. Federalism will not result in such expenditure, we Under the Regulatory Flexibility Act A rule has implications for federalism do discuss the effects of this rule (5 U.S.C. 601–612), we have considered under Executive Order 13132, elsewhere in this preamble.

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G. Taking of Private Property meetings, we reassessed the PARS adopted by IMO, from taking effect on This rule will not cause a taking of recommendation and widened the December 1, 2002. The Tribes and the private property or otherwise have proposed zone enough to support the U.S. Coast Guard further agreed to enter taking implications under Executive Tribes’ longline and drift gillnet into additional consultations and to Order 12630, Governmental Actions and fisheries. make best efforts to arrive at a mutually Interference with Constitutionally On August 27, 2002, we published an acceptable TSS in the Western Strait of Protected Property Rights. NPRM in the Federal Register (67 FR Juan de Fuca. We agreed that if 54981), which proposed amending the agreement on a revised TSS was not H. Civil Justice Reform then existing TSSs in the Strait. The reached by March 15, 2003, the U.S. This rule meets applicable standards decision to amend the then existing Coast Guard would take the necessary in sections 3(a) and 3(b)(2) of Executive TSSs was based on a 1999–2000 PARS measures both to suspend TSS between Order 12988, Civil Justice Reform, to conducted by the Thirteenth Coast Buoy Juliet and the precautionary area minimize litigation, eliminate Guard District Office, Seattle, of Port Angeles [as amended by the ambiguity, and reduce burden. Washington. We used the PARS process, PARS and adopted by IMO] and to which included many consultations and implement a domestic TSS that would I. Protection of Children meetings with various maritime entities, return the southern boundary of the We have analyzed this rule under including the Tribes, to develop the traffic separation zone to its original Executive Order 13045, Protection of proposals presented in the NPRM. location. Children from Environmental Health When developing the proposed changes The first consultation meeting Risks and Safety Risks. This rule is not to the TSSs, we considered the location between the Tribes and the United an economically significant rule and of the usual and accustomed fishing States acting through the U.S. Coast does not create an environmental risk to grounds off the entrance to and in the Guard was held on December 18, 2002, health or risk to safety that may Strait of Juan de Fuca. We knew then at the Point No Point Treaty Council disproportionately affect children. that it was not possible to completely offices. Additional consultation segregate the TSSs from the fishing meetings also took place. These J. Indian Tribal Governments grounds, but believed that the consultation meetings resulted in At least four Native American tribes, recommended changes would minimize mutually agreeable, interim VTS the Jamestown S’Klallam Tribe, Lower potential conflicts and improve the measures that were intended to allow Elwha Kallam Tribe, Makah Tribe, and TSSs configurations. We also believed treaty fishing within the original TSS Port Gamble S’Klallam Tribe (the that the proposed changes would while the parties negotiated a more Tribes), have traditionally fished in the provide better routing order and permanent solution to the TSS issue. Strait of Juan de Fuca and its predictability, particularly offshore, The interim VTS measures were used in approaches. The TSSs in the Strait, as thus reducing conflicts between vessels 2003 to ensure the successful it existed when we published a notice fishing at or near the entrance to the completion of the treaty longline and of study on January 20, 1999 (64 FR Strait and other vessel traffic. Based on drift gillnet fisheries. 3145), provided a broad separation the recommendations of the PARS, we At the consultation meeting on zone, which allowed ample room for the submitted a proposal to the IMO, which October 10, 2003, the parties agreed that Tribes’ traditional longline and drift included changes to the TSSs at the implementation of the interim VTS gillnet fisheries between the inbound entrance to and in the Strait. The IMO measures on a permanent basis would and outbound vessel traffic lanes. adopted the changes, which were better serve the interests of both the We published a Notice of Preliminary scheduled to take effect on December 1, Tribes and the U.S. Coast Guard than Study Recommendations with request 2002. revisions to the TSSs. The Tribes asked for comments on February 23, 2000 (65 As discussed in Part V. ‘‘Discussion of the U.S. Coast Guard to enter into a FR 8917). That notice contained the Comments’’ above, the Tribes submitted settlement agreement to provide the recommendation that the broad comments to the NPRM docket stating Tribes with assurance that the interim separation zone be narrowed and that the proposed changes to the TSSs VTS measures that had been aligned with the international border. would substantially alter and diminish successfully used in 2003 would be Implementation of that recommendation the Tribes’ present and future fish made permanent, while providing would straighten the routes for vessels harvests, as well as significantly reduce procedures that would allow changes to transiting the TSS and move them access to their usual and accustomed these permanent VTS measures with the farther north of Olympic Peninsula. The fishing areas. The Tribes asserted that agreement of all affected Parties should Tribes objected to this recommendation this diminished access to the usual and it become necessary to do so. because they believed it would accustomed fishing areas would On April 19, 2006, the United States, significantly decrease the area available diminish catches. They stated that acting through the U.S. Coast Guard, to fish by leaving insufficient room to diminished catches would impose and the Tribes, signed a settlement deploy their nets without interfering substantial economic and non-economic agreement. The document, entitled with, or being interfered by, deep-draft costs on the Tribes and would constitute ‘‘Settlement Agreement Between the vessels transiting the Strait. To address a substantial impact on the Tribes’ United States of America and the their concerns, we met with the Tribes treaty-protected rights to take fish at all Jamestown S’Klallam Tribe, Lower in March and August of 2000 and usual and accustomed fishing areas. On Elwha Klallam Tribe, Makah Tribe, and February of 2001. The meetings were November 8, 2002, out of concern that Port Gamble S’Khallam Tribe,’’ is intended to gather the Tribes’ the proposed changes were scheduled to available in the docket for this IR, and recommendations on how to improve take effect on December 1, 2002, the can be found by following the the TSSs, yet minimize the impact on Tribes sent the United States a request instructions listed above in section I.B., their longline and drift gillnet fisheries. to meet and confer. ‘‘Viewing comments and documents.’’ A Following these meetings, the Tribes After discussions between the Tribes provision of the settlement agreement submitted recommendations to widen and the U.S. Coast Guard, the Tribes required the U.S. Coast Guard to create the separation zone. Based on these agreed to take no action to prevent the regulations establishing a regulated submittals and discussions at the TSSs, as amended by the PARS and navigation area (RNA), to be published

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in 33 CFR part 165. We have reviewed U.S.C. 272 note) directs agencies to use §§ 167.1301 through 167.1303 are this rule under Executive Order 13175, voluntary consensus standards in their defined using North American Datum Consultation and Coordination with regulatory activities unless the agency (NAD 83). Indian Tribal Governments. provides Congress, through the Office of Rulemakings that are determined to Management and Budget, with an § 167.1301 In the approaches to the Strait of Juan de Fuca: Western approach. have ‘‘tribal implications’’ under that explanation of why using these Order (i.e., those that have a substantial standards would be inconsistent with In the western approach to the Strait direct effect on one or more Indian applicable law or otherwise impractical. of Juan de Fuca, the following are tribes, on the relationship between the Voluntary consensus standards are established: (a) A separation zone bounded by a Federal Government and Indian tribes, technical standards (e.g., specifications line connecting the following or on the distribution of power and of materials, performance, design, or geographical positions: responsibilities between the Federal operation; test methods; sampling Government and Indian tribes) require procedures; and related management Latitude Longitude ° ′ ° ′ the preparation of a tribal summary systems practices) that are developed or 48 30.10 N 125 09.00 W 48°30.10′ N 125°04.67′ W impact statement. This rule will not adopted by voluntary consensus ° ′ ° ′ have implications of the kind 48 29.11 N 125 04.67 W standards bodies. 48°29.11′ N 125°09.00′ W envisioned under the Order because it This rule does not use technical will not impose substantial direct standards. Therefore, we did not (b) A traffic lane for westbound traffic compliance costs on tribal governments, consider the use of voluntary consensus between the separation zone and a line preempt tribal law, or substantially standards. connecting the following geographical affect lands or rights held exclusively positions: by, or on behalf of, those governments. M. Environment Latitude Longitude Whether or not the Executive Order We have analyzed this rule under 48°32.09′ N 125°04.67′ W applies in this case, it is the policy of Department of Homeland Security 48°32.09′ N 125°08.98′ W the Department of Homeland Security Management Directive 023–01 and (c) A traffic lane for eastbound traffic and the U.S. Coast Guard to engage in Commandant Instruction M16475.lD, between the separation zone and a line meaningful consultation and which guide the Coast Guard in connecting the following geographical collaboration with tribal officials in complying with the National positions: policy decisions that have tribal Environmental Policy Act of 1969 implications under the Presidential Latitude Longitude (NEPA) (42 U.S.C. 4321–4370f), and ° ′ ° ′ Memorandum of November 5, 2009, (74 48 27.31 N 125 09.00 W have concluded that this action is one 48°28.13′ N 125°04.67′ W FR 57881, November 9, 2009), and to of a category of actions which do not seek out and consult with Native individually or cumulatively have a § 167.1302 In the approaches to the Strait Americans on all of its rulemakings that significant effect on the human of Juan de Fuca: Southwestern approach. may affect them. We regularly consulted environment. This rule is categorically In the southwestern approach to the and collaborated with the Tribes excluded under section 2.B.2, figure 2– Strait of Juan de Fuca, the following are throughout the PARs and this 1, paragraph (34)(i) of the Instruction. established: rulemaking. We entered into a This rule involves navigational aids, (a) A separation zone bounded by a settlement agreement to mitigate the which include TSSs. An environmental line connecting the following effects of this rule on the Tribes and analysis checklist and a categorical geographical positions: their use of their historical fishing exclusion determination are available in Latitude Longitude grounds. We invite your comments on the docket where indicated under 48°23.99′ N 125°06.54′ W how the codification of the existing ADDRESSES. 48°27.63′ N 125°03.38′ W TSSs might impact tribal governments, 48°27.14′ N 125°02.08′ W even if that impact may not constitute List of Subjects in 33 CFR Part 167 48°23.50′ N 125°05.26′ W a ‘‘tribal implication’’ under the Order. Harbors, Marine safety, Navigation (b) A traffic lane for north-eastbound K. Energy Effects (water), and Waterways. traffic between the separation zone and ■ Accordingly, 33 CFR Part 167 is a line connecting the following We have analyzed this rule under amended as follows: geographical positions: Executive Order 13211, Actions Latitude Longitude Concerning Regulations That PART 167—OFFSHORE TRAFFIC Significantly Affect Energy Supply, 48°22.55′ N 125°02.80′ W SEPARATION SCHEMES ° ′ ° ′ Distribution, or Use. We have 48 26.64 N 125 00.81 W determined that it is not a ‘‘significant ■ 1. The authority citation for part 167 (c) A traffic lane for south-westbound energy action’’ under that order because continues to read as follows: traffic between the separation zone and it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1223; Department of a line connecting the following under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1. geographical positions: likely to have a significant adverse effect ■ 2. Add §§ 167.1300 through 167.1303 Latitude Longitude on the supply, distribution, or use of to read as follows: 48°28.13′ N 125°04.67′ W energy. The Administrator of the Office 48°24.94′ N 125°09.00′ W of Information and Regulatory Affairs § 167.1300 In the approaches to the Strait has not designated it as a significant of Juan de Fuca: General. § 167.1303 In the approaches to the Strait of Juan de Fuca: Precautionary area ‘‘JF.’’ energy action. Therefore, it does not The traffic separation scheme for the require a Statement of Energy Effects approaches to the Strait of Juan de Fuca In the approaches to the Strait of Juan under Executive Order 13211. consists of three parts: the western de Fuca, precautionary area ‘‘JF’’ is approach, the southwestern approach, established and is bounded by a line L. Technical Standards and precautionary area ‘‘JF.’’ These parts connecting the following geographical The National Technology Transfer are described in §§ 167.1301 through positions: and Advancement Act (NTTAA) (15 167.1303. The geographic coordinates in Latitude Longitude

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48°32.09′ N 125°04.67′ W Latitude Longitude (a) A separation zone bounded by a ° ′ ° ′ 48 30.10 N 125 04.67 W 48°28.13′ N 124°57.90′ W line connecting the following ° ′ ° ′ 48 29.11 N 125 04.67 W 48°28.13′ N 124°44.07′ W geographical positions: 48°28.13′ N 125°04.67′ W ° ′ ° ′ ° ′ ° ′ 48 12.90 N 123 55.24 W Latitude Longitude 48 27.63 N 125 03.38 W 48°12.94′ N 123°32.89′ W ° ′ ° ′ 48°27.14′ N 125°02.08′ W 48 13.22 N 123 15.91 W 48°14.03′ N 123°25.98′ W 48°26.64′ N 125°00.81′ W § 167.1312 In the Strait of Juan de Fuca: 48°13.54′ N 123°25.86′ W 48°28.13′ N 124°57.90′ W Southern lanes. ° ′ ° ′ 48°12.89′ N 123°16.69′ W 48 29.11 N 125 00.00 W In the southern lanes of the Strait of 48°30.10′ N 125°00.00′ W Juan de Fuca, the following are (b) A traffic lane for westbound traffic 48°32.09′ N 125°00.00′ W between the separation zone and a line 48°32.09′ N 125°04.67′ W established: (a) A separation zone bounded by a connecting the following geographical ■ 3. Add §§ 167.1310 through 167.1315 line connecting the following positions: to read as follows: geographical positions: Latitude Longitude ° ′ ° ′ § 167.1310 In the Strait of Juan de Fuca: Latitude Longitude 48 14.27 N 123 13.41 W 48°14.05′ N 123°16.08′ W General. 48°10.82′ N 123°25.44′ W 48°15.13′ N 123°25.62′ W The traffic separation scheme in the 48°12.38′ N 123°28.68′ W Strait of Juan de Fuca consists of five 48°12.90′ N 123°28.68′ W (c) A traffic lane for eastbound traffic 48°12.84′ N 123°27.46′ W between the separation zone and a line parts: the western lanes, southern lanes, ° ′ ° ′ northern lanes, eastern lanes, and 48 10.99 N 123 24.84 W connecting the following geographical precautionary area ‘‘PA.’’ These parts are (b) A traffic lane for northbound positions: described in §§ 167.1311 through traffic between the separation zone and Latitude Longitude 167.1315. The geographic coordinates in a line connecting the following 48°12.72′ N 123°25.34′ W §§ 167.1311 through 167.1315 are geographical positions: 48°12.34′ N 123°18.01′ W defined using North American Datum Latitude Longitude § 167.1315 In the Strait of Juan de Fuca: ° ′ ° ′ (NAD 83). 48 11.24 N 123 23.82 W Precautionary area ‘‘PA.’’ 48°12.72′ N 123°25.34′ W § 167.1311 In the Strait of Juan de Fuca: In the Strait of Juan de Fuca, Western lanes. (c) A traffic lane for southbound precautionary area ‘‘PA’’ is established In the western lanes of the Strait of traffic between the separation zone and and is bounded by a line connecting the Juan de Fuca, the following are a line connecting the following following geographical positions: established: geographical positions: Latitude Longitude (a) A separation zone bounded by a Latitude Longitude 48°12.94′ N 123°32.89′ W line connecting the following 48°12.94′ N 123°32.89′ W 48°13.89′ N 123°31.98′ W geographical positions: 48°09.42′ N 123°24.24′ W 48°14.49′ N 123°31.98′ W Latitude Longitude 48°16.45′ N 123°30.42′ W § 167.1313 In the Strait of Juan de Fuca: ° ′ ° ′ 48°29.11′ N 125°00.00′ W 48 16.16 N 123 28.50 W Northern lanes. ° ′ ° ′ 48°29.11′ N 124°43.78′ W 48 15.77 N 123 27.18 W ° ′ ° ′ 48°13.89′ N 123°54.84′ W In the northern lanes of the Strait of 48 15.13 N 123 25.62 W ° ′ ° ′ 48°13.89′ N 123°31.98′ W Juan de Fuca, the following are 48 14.03 N 123 25.98 W 48°14.49′ N 123°31.98′ W established: 48°13.54′ N 123°25.86′ W 48°17.02′ N 123°56.46′ W (a) A separation zone bounded by a 48°12.72′ N 123°25.34′ W 48°30.10′ N 124°43.50′ W line connecting the following 48°12.84′ N 123°27.46′ W ° ′ ° ′ 48°30.10′ N 125°00.00′ W geographical positions: 48 12.90 N 123 28.68 W 48°12.94′ N 123°32.89′ W (b) A traffic lane for north-westbound Latitude Longitude traffic. 48°21.15′ N 123°24.83′ W ■ 4. Add §§ 167.1320 through 167.1323 (1) The traffic lane is established 48°16.16′ N 123°28.50′ W to read as follows: between the separation zone and a line 48°15.77′ N 123°27.18′ W connecting the following geographical 48°20.93′ N 123°24.26′ W § 167.1320 In Puget Sound and its approaches: General. positions: (b) A traffic lane for southbound Latitude Longitude The traffic separation scheme in Puget traffic between the separation zone and Sound and its approaches consists of 48°16.45′ N 123°30.42′ W a line connecting the following three parts: Rosario Strait, approaches to 48°15.97′ N 123°33.54′ W geographical positions: 48°18.00′ N 123°56.07′ W Puget Sound other than Rosario Strait, Latitude Longitude 48°32.00′ N 124°46.57′ W and Puget Sound. These parts are ° ′ ° ′ 48°32.09′ N 124°49.90′ W 48 21.83 N 123 25.56 W described in §§ 167.1321 through ° ′ ° ′ 48°32.09′ N 125°00.00′ W 48 16.45 N 123 30.42 W 167.1323. The North American Datum (2) An exit from this lane between (c) A traffic lane for northbound (NAD 83) defines the geographic points 48°32.00′ N, 124°46.57′ W and traffic between the separation zone and coordinates in §§ 167.1321 through 48°32.09′ N, 124°49.90′ W. Vessel traffic a line connecting the following 167.1323. geographical positions: may exit this lane at this location or § 167.1321 In Puget Sound and its may remain in the lane between points Latitude Longitude approaches: Rosario Strait. 48°32.09′ N, 124°49.90′ W and 48°32.09′ ° ′ ° ′ 48 20.93 N 123 23.22 W In Rosario Strait, the following are N, 125°00.00′ W en route to 48°15.13′ N 123°25.62′ W established: precautionary area ‘‘JF,’’ as described in § 167.1314 In the Strait of Juan de Fuca: (a) A separation zone bounded by a § 167.1315. line connecting the following (c) A traffic lane for south-eastbound Eastern lanes. geographical positions: traffic between the separation zone and In the eastern lanes of the Strait of a line connecting the following Juan de Fuca, the following are Latitude Longitude ° ′ ° ′ geographical positions: established: 48 48.98 N 122 55.20 W

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48°46.76′ N 122°50.43′ W (j) Precautionary area ‘‘RB’’ bounded between the separation zone described 48°45.56′ N 122°48.36′ W as follows: in paragraph (b)(1) of this section and a 48°45.97′ N 122°48.12′ W (1) To the north by the arc of a circle line connecting the following ° ′ ° ′ 48 46.39 N 122 50.76 W of radius 1.24 miles centered on geographical positions: 48°48.73′ N 122°55.68′ W geographical position 48°26.38′ N, Latitude Longitude ° ′ (b) A traffic lane for northbound 122 45.27 W and connecting the 48°23.75′ N 122°47.47′ W traffic located within the separation following geographical positions: 48°19.80′ N 122°56.83′ W zone described in paragraph (a) of this Latitude Longitude (5) A traffic lane for northbound section and a line connecting the 48°25.97′ N 122°47.03′ W traffic that connects with precautionary ° ′ ° ′ following geographical positions: 48 25.55 N 122 43.93 W area ‘‘RA,’’ as described in paragraph Latitude Longitude (2) To the south by a line connecting (b)(2) of this section, and is located 48°49.49′ N 122°54.24′ W the following geographical positions: between the separation zone described 48°47.14′ N 122°50.10′ W Latitude Longitude in paragraph (b)(3) of this section and a 48°46.35′ N 122°47.50′ W 48°25.97′ N 122°47.03′ W line connecting the following (c) A traffic lane for southbound 48°24.62′ N 122°48.68′ W geographical positions: traffic located within the separation 48°23.75′ N 122°47.47′ W Latitude Longitude zone described in paragraph (a) of this 48°25.20′ N 122°45.73′ W 48°15.70′ N 123°06.58′ W section and a line connecting the 48°25.17′ N 122°45.62′ W 48°18.67′ N 122°59.57′ W ° ′ ° ′ following geographical positions: 48 24.15 N 122 45.27 W 48°24.08′ N 122°43.38′ W (6) A traffic lane for southbound Latitude Longitude 48°25.55′ N 122°43.93′ W traffic that connects with precautionary 48°44.95′ N 122°48.28′ W area ‘‘RA,’’ as described in paragraph 48°46.76′ N 122°53.10′ W § 167.1322 In Puget Sound and its (b)(2) of this section, and is located 48°47.93′ N 122°57.12′ W approaches: Approaches to Puget Sound between the separation zone described other than Rosario Strait. (d) Precautionary area ‘‘CA’’ contained in paragraph (b)(1) of this section and a within a circle of radius 1.24 miles (a) The traffic separation scheme in line connecting the following centered at geographical position the approaches to Puget Sound other geographical positions: 48°45.30′ N, 122°46.50′ W. than Rosario Strait consists of a Latitude Longitude northeast/southwest approach, a (e) A separation zone bounded by a 48°24.62′ N 122°48.68′ W northwest/southeast approach, a north/ line connecting the following 48°20.85′ N 122°57.80′ W south approach, and an east/west geographical positions: approach and connecting precautionary (7) A traffic lane for southbound Latitude Longitude areas. traffic that connects with precautionary 48°44.27′ N 122°45.53′ W (b) In the northeast/southwest area ‘‘RA,’’ as described in paragraph 48°41.72′ N 122°43.50′ W (b)(2) of this section, and is located ° ′ ° ′ approach consisting of two separation 48 41.60 N 122 43.82 W zones, two precautionary areas (‘‘RA’’ between the separation zone described 48°44.17′ N 122°45.87′ W and ‘‘ND’’), and four traffic lanes, the in paragraph (b)(3) of this section and a (f) A traffic lane for northbound traffic following are established: line connecting the following located within the separation zone (1) A separation zone that connects geographical positions: described in paragraph (e) of this with precautionary area ‘‘RA,’’ as Latitude Longitude section and a line connecting the described in paragraph (b)(2) of this 48°19.70′ N 123°00.53′ W ° ′ ° ′ following geographical positions: section, and is bounded by a line 48 17.15 N 123 06.57 W Latitude Longitude connecting the following geographical (8) Precautionary area ‘‘ND,’’ which is 48°44.62′ N 122°44.96′ W positions: bounded by a line connecting the 48°41.80′ N 122°42.70′ W Latitude Longitude following geographical positions: ° ′ ° ′ (g) A traffic lane for southbound 48 24.13 N 122 47.97 W Latitude Longitude ° ′ ° ′ ° ′ ° ′ traffic located within the separation 48 20.32 N 122 57.02 W 48 11.00 N 123 06.58 W 48°20.53′ N 122°57.22′ W ° ′ ° ′ zone described in paragraph (e) of this 48 17.15 N 123 06.57 W 48°24.32′ N 122°48.22′ W 48°14.27′ N 123°13.41′ W section and a line connecting the ° ′ ° ′ ‘‘ ’’ 48 12.34 N 123 18.01 W following geographical positions: (2) Precautionary area RA, which is 48°12.72′ N 123°25.34′ W contained within a circle of radius 1.24 ° ′ ° ′ Latitude Longitude ° ′ 48 11.24 N 123 23.82 W ° ′ ° ′ miles centered at 48 19.77 N, 48°10.82′ N 123°25.44′ W 48 44.08 N 122 46.65 W ° ′ ° ′ ° ′ 48°41.25′ N 122°44.37′ W 122 58.57 W. 48 09.42 N 123 24.24 W (3) A separation zone that connects 48°08.39′ N 123°24.24′ W (h) Precautionary area ‘‘C’’ contained with precautionary area ‘‘RA,’’ as 48°11.00′ N 123°06.58′ W within a circle of radius 1.24 miles described in paragraph (b)(2) of this (c) In the northwest/southeast centered at geographical position section, and is bounded by a line ° ′ ° ′ approach consisting of two separation 48 40.55 N, 122 42.80 W. connecting the following geographical zones, two precautionary areas (‘‘RA’’ (i) A two-way route between the positions: and ‘‘SA’’), and four traffic lanes, the following geographical positions: Latitude Longitude following are established: Latitude Longitude 48°16.25′ N 123°06.58′ W (1) A separation zone that connects 48°39.33′ N 122°42.73′ W 48°16.57′ N 123°06.58′ W with precautionary area ‘‘RA,’’ as 48°36.08′ N 122°45.00′ W 48°19.20′ N 123°00.35′ W described in paragraph (b)(2) of this 48°26.82′ N 122°43.53′ W 48°19.00′ N 123°00.17′ W section, and is bounded by a line 48°27.62′ N 122°45.53′ W ° ′ ° ′ (4) A traffic lane for northbound connecting the following geographical 48 29.48 N 122 44.77 W positions: 48°36.13′ N 122°45.80′ W traffic that connects with precautionary 48°38.38′ N 122°44.20′ W area ‘‘RA,’’ as described in paragraph Latitude Longitude 48°39.63′ N 122°44.03′ W (b)(2) of this section, and is located 48°28.72′ N 123°08.53′ W

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48°25.43′ N 123°03.88′ W (7) Precautionary area ‘‘SA,’’ which is and two traffic lanes connected by six 48°22.88′ N 123°00.82′ W contained within a circle of radius 2 precautionary areas. The following are 48°20.93′ N 122°59.30′ W miles centered at geographical position established: ° ′ ° ′ 48 20.82 N 122 59.62 W 48°11.45′ N, 122°49.78′ W. (a) A separation zone bounded by a 48°22.72′ N 123°01.12′ W ° ′ ° ′ (d) In the north/south approach line connecting the following 48 25.32 N 123 04.30 W between precautionary areas ‘‘RB’’ and 48°28.39′ N 123°08.64′ W geographical positions: ‘‘SA,’’ as described in paragraph (b)(2) Latitude Longitude (2) A separation zone that connects and (c)(7) of this section, respectively, 48°11.08′ N 122°46.88′ W with precautionary area ‘‘RA,’’ as the following are established: 48°06.85′ N 122°39.52′ W described in paragraph (b)(2) of this (1) A separation zone bounded by a 48°02.48′ N 122°38.17′ W section, and is bounded by a line line connecting the following 48°02.43′ N 122°38.52′ W connecting the following geographical geographical positions: 48°06.72′ N 122°39.83′ W ° ′ ° ′ positions: Latitude Longitude 48 10.82 N 122 46.98 W Latitude Longitude 48°24.15′ N 122°44.08′ W (b) Precautionary area ‘‘SC,’’ which is ° ′ ° ′ 48°18.83′ N 122°57.48′ W 48 13.33 N 122 48.78 W contained within a circle of radius 0.62 ° ′ ° ′ 48°13.15′ N 122°51.33′ W 48 13.38 N 122 49.15 W ° ′ ° ′ ° ′ miles, centered at 48 01.85 N, 48°13.00′ N 122°51.62′ W 48 24.17 N 122 44.48 W 122°38.15′ W. 48°18.70′ N 122°57.77′ W (2) A traffic lane for northbound (c) A separation zone bounded by a (3) A traffic lane for northbound traffic located between the separation line connecting the following traffic that connects with precautionary zone described in paragraph (d)(1) of geographical positions: ‘‘RA,’’ as described in paragraph (b)(2) of this section and a line connecting the Latitude Longitude this section, and is located between the following geographical positions: 48°01.40′ N 122°37.57′ W separation zone described in paragraph Latitude Longitude 47°57.95′ N 122°34.67′ W ° ′ ° ′ (c)(1) of this section and a line 48°24.08′ N 122°43.38′ W 47 55.85 N 122 30.22 W ° ′ ° ′ ° ′ ° ′ connecting the following geographical 48 13.10 N 122 48.12 W 47 55.67 N 122 30.40 W 47°57.78′ N 122°34.92′ W positions: (3) A traffic lane for southbound 48°01.28′ N 122°37.87′ W Latitude Longitude traffic located between the separation (d) Precautionary area ‘‘SE,’’ which is 48°29.28′ N 123°08.35′ W zone described in paragraph (d)(1) of ° ′ ° ′ this section and a line connecting the contained within a circle of radius 0.62 48 25.60 N 123 03.13 W ° ′ 48°23.20′ N 123°00.20′ W following geographical positions: miles, centered at 47 55.40 N, ° ′ ° ′ ° ′ 48 21.00 N 122 58.50 W Latitude Longitude 122 29.55 W. (e) A separation zone bounded by a (4) A traffic lane for northbound 48°24.15′ N 122°45.27′ W 48°13.43′ N 122°49.90′ W line connecting the following traffic that connects with precautionary geographical positions: ‘‘ ’’ (e) In the east/west approach between area RA, as described in paragraph Latitude Longitude (b)(2) of this section, and is located precautionary areas ‘‘ND’’ and ‘‘SA,’’ as ° ′ ° ′ described in paragraphs (b)(8) and (c)(7) 47 54.85 N 122 29.18 W between the separation zone described 47°46.52′ N 122°26.30′ W in paragraph (c)(2) of this section and a of this section, respectively, the 47°46.47′ N 122°26.62′ W line connecting the following following are established: 47°54.80′ N 122°29.53′ W geographical positions: (1) A separation zone bounded by a (f) Precautionary area ‘‘SF,’’ which is Latitude Longitude line connecting the following geographical positions: contained within a circle of radius 0.62 48°19.20′ N 122°57.03′ W ° ′ ° ′ ° ′ Latitude Longitude miles, centered at 47 45.90 N, 48 13.35 N 122 50.63 W 122°26.25′ W. 48°11.50′ N 122°52.73′ W (5) A traffic lane for southbound 48°11.73′ N 122°52.70′ W (g) A separation zone bounded by a traffic that connects with precautionary 48°12.48′ N 123°06.58′ W line connecting the following ‘‘RA,’’ as described in paragraph (b)(2) of 48°12.23′ N 123°06.58′ W geographical positions: this section, and is located between the (2) A traffic lane for northbound Latitude Longitude separation zone described in paragraph traffic between the separation zone 47°45.20′ N 122°26.25′ W (c)(1) of this section and a line 47°40.27′ N 122°27.55′ W described in paragraph (e)(1) of this ° ′ ° ′ connecting the following geographical section and a line connecting the 47 40.30 N 122 27.88 W 47°45.33′ N 122°26.60′ W positions: following geographical positions: Latitude Longitude Latitude Longitude (h) Precautionary area ‘‘SG,’’ which is 48°27.86′ N 123°08.81′ W ° ′ ° ′ contained within a circle of radius 0.62 ° ′ ° ′ 48 12.22 N 122 52.52 W ° ′ 48 25.17 N 123 04.98 W 48°12.98′ N 123°06.58′ W miles, centered at 47 39.68 N, 48°22.48′ N 123°01.73′ W 122°27.87′ W. 48°20.47′ N 123°00.20′ W (3) A traffic lane for southbound (i) A separation zone bounded by a traffic between the separation zone (6) A traffic lane for southbound line connecting the following described in paragraph (e)(1) of this geographical positions: traffic connecting with precautionary section and a line connecting the area ‘‘RA,’’ as described in paragraphs following geographical positions: Latitude Longitude (b)(2) of this section, and is located 47°39.12′ N 122°27.62′ W Latitude Longitude 47°35.18′ N 122°27.08′ W between the separation zone described ° ′ ° ′ in paragraph (c)(2) of this section and a 48 11.73 N 123 06.58 W 47°35.17′ N 122°27.35′ W 48°10.98′ N 122°52.65′ W ° ′ ° ′ line connecting the following 47 39.08 N 122 27.97 W geographical positions: § 167.1323 In Puget Sound and its (j) Precautionary area ‘‘T,’’ which is Latitude Longitude approaches: Puget Sound. contained within a circle of radius 0.62 ° ′ 48°18.52′ N 122°58.50′ W The traffic separation scheme in Puget miles, centered at 47 34.55 N, 48°12.63′ N 122°52.15′ W Sound consists of six separation zones 122°27.07′ W.

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(k) A separation zone bounded by a § 167.1330 In Haro Strait, Boundary Pass, (f) A separation zone bounded by a line connecting the following and the Strait of Georgia: General. line connecting the following geographical positions: The traffic separation scheme in Haro geographical positions: Latitude Longitude Strait, Boundary Pass, and the Strait of Latitude Longitude 47°34.02′ N 122°26.70′ W Georgia consists of a series of traffic 48°25.96′ N 123°10.65′ W 47°26.92′ N 122°24.10′ W separation schemes, two-way routes, 48°27.16′ N 123°10.25′ W ° ′ ° ′ 47°23.07′ N 122°20.98′ W and five precautionary areas. These 48 28.77 N 123 10.84 W ° ′ ° ′ parts are described in §§ 167.1331 and 48°29.10′ N 123°11.59′ W 47 19.78 N 122 26.58 W ° ′ ° ′ 47°19.98′ N 122°26.83′ W 167.1332. The geographic coordinates in 48 25.69 N 123 11.28 W 47°23.15′ N 122°21.45′ W §§ 167.1331 and 167.1332 are defined ° ′ ° ′ using North American Datum (NAD 83). (g) A traffic lane for northbound 47 26.85 N 122 24.45 W traffic located between the separation 47°33.95′ N 122°27.03′ W § 167.1331 In Haro Strait and Boundary zone described in paragraph (f) of this (l) Precautionary area ‘‘TC,’’ which is Pass. section and a line connecting the contained within a circle of radius 0.62 In Haro Strait and Boundary Pass, the following geographical positions: miles, centered at 47°19.48′ N, following are established: Latitude Longitude 122°27.38′ W. (a) Precautionary area ‘‘V,’’ which is 48°26.57′ N 123°09.22′ W bounded by a line connecting the 48°27.86′ N 123°08.81′ W (m) A traffic lane for northbound following geographical positions: traffic that connects with precautionary (h) A traffic lane for southbound areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ and Latitude Longitude 48°23.15′ N 123°21.12′ W traffic located between the separation ‘‘TC,’’ as described in paragraphs (b), (d), ° ′ ° ′ zone described in paragraph (e) of this (f), (h), (j), and (k) of this section, 48 23.71 N 123 23.88 W 48°21.83′ N 123°25.56′ W section and a line connecting the respectively, and is located between the 48°21.15′ N 123°24.83′ W following geographical positions: separation zones described in 48°20.93′ N 123°24.26′ W Latitude Longitude paragraphs (a), (c), (e), (g), (i), and (k) of 48°20.93′ N 123°23.22′ W ° ′ ° ′ this section, respectively, and a line ° ′ ° ′ 48 29.80 N 123 13.15 W 48 21.67 N 123 21.12 W 48°25.10′ N 123°12.67′ W connecting the following geographical 48°23.15′ N 123°21.12′ W positions: (b) A separation zone that connects (i) Precautionary area ‘‘HS,’’ which is Latitude Longitude with precautionary area ‘‘V,’’ as bounded by a line connecting the 48°11.72′ N 122°46.83′ W described in paragraph (a) of this following geographical positions: 48°07.13′ N 122°38.83′ W section, and is bounded by a line Latitude Longitude 48°02.10′ N 122°37.32′ W connecting the following geographical 48°27.86′ N 123°08.81′ W 47°58.23′ N 122°34.07′ W positions: 48°29.28′ N 123°08.35′ W ° ′ ° ′ ° ′ ° ′ 47 55.83 N 122 28.80 W Latitude Longitude 48 30.55 N 123 10.12 W 47°45.92′ N 122°25.33′ W 48°31.60′ N 123°10.65′ W 48°22.25′ N 123°21.12′ W ° ′ ° ′ 48°32.83′ N 123°13.45′ W 47 39.68 N 122 26.95 W 48°22.25′ N 123°17.95′ W ° ′ ° ′ 48°29.80′ N 123°13.15′ W 47 34.65 N 122 26.18 W 48°23.88′ N 123°13.18′ W ° ′ ° ′ 48°27.86′ N 123°08.81′ W 47 27.13 N 122 23.40 W 48°24.30′ N 123°13.00′ W 47°23.33′ N 122°20.37′ W ° ′ ° ′ 48 22.55 N 123 18.05 W (j) A two-way route between the 47°22.67′ N 122°20.53′ W 48°22.55′ N 123°21.12′ W 47°19.07′ N 122°26.75′ W following geographical positions: (c) A traffic lane for eastbound traffic Latitude Longitude (n) A traffic lane for southbound located between the separation zone 48°31.60′ N 123°10.65′ W traffic that connects with precautionary described in paragraph (b) of this 48°35.21′ N 123°12.61′ W areas ‘‘SC,’’ ‘‘SE,’’ ‘‘SF,’’ ‘‘SG,’’ ‘‘T,’’ and section and a line connecting the 48°38.37′ N 123°12.36′ W ‘‘TC,’’ as described in paragraphs (b), (d), following geographical positions: 48°39.41′ N 123°13.14′ W ° ′ ° ′ (f), (h), (j), and (k) of this section, Latitude Longitude 48 39.41 N 123 16.06 W 48°32.83′ N 123°13.45′ W respectively, and is located between the 48°21.67′ N 123°21.12′ W ° ′ ° ′ separation zones described in 48 21.67 N 123 17.70 W (k) Precautionary area ‘‘TP,’’ which is 48°23.10′ N 123°13.50′ W paragraphs (a), (c), (e), (g), (i), and (k) of bounded by a line connecting the this section, respectively, and a line (d) A traffic lane for westbound traffic following geographical positions: connecting the following geographical located between the separation zone positions: Latitude Longitude described in paragraph (b) of this 48°41.06′ N 123°11.04′ W Latitude Longitude section and a line connecting the 48°42.23′ N 123°11.35′ W 48°10.15′ N 122°47.58′ W following geographical positions: 48°43.80′ N 123°10.77′ W 48°09.35′ N 122°45.55′ W Latitude Longitude 48°43.20′ N 123°16.06′ W ° ′ ° ′ ° ′ ° ′ 48 06.45 N 122 40.52 W 48°25.10′ N 123°12.67′ W 48 39.41 N 123 16.06 W ° ′ ° ′ ° ′ ° ′ 48 01.65 N 122 30.03 W 48°23.15′ N 123°18.30′ W 48 39.32 N 123 13.14 W ° ′ ° ′ 47°57.47′ N 122°35.45′ W 48°23.15′ N 123°21.12′ W 48 39.76 N 123 11.84 W 47°55.07′ N 122°30.35′ W 47°45.90′ N 122°27.18′ W (e) Precautionary area ‘‘DI,’’ which is (l) A two-way route between the 47°39.70′ N 122°28.78′ W bounded by a line connecting the following geographical positions: 47°34.47′ N 122°27.98′ W following geographical positions: Latitude Longitude 47°26.63′ N 122°25.12′ W Latitude Longitude 48°42.23′ N 123°11.35′ W 47°23.25′ N 122°22.42′ W 48°23.10′ N 123°13.50′ W 48°45.51′ N 123°01.82′ W 47°20.00′ N 122°27.90′ W 48°24.30′ N 123°09.95′ W 48°47.78′ N 122°59.12′ W 48°26.57′ N 123°09.22′ W 48°48.19′ N 123°00.84′ W ■ 5. Add §§ 167.1330 through 167.1332 48°25.10′ N 123°12.67′ W 48°46.43′ N 123°03.12′ W to read as follows: 48°23.10′ N 123°13.50′ W 48°43.80′ N 123°10.77′ W

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§ 167.1332 In the Strait of Georgia. Latitude Longitude with developing proposed requirements In the Strait of Georgia, the following 49°02.51′ N 123°23.76′ W for hospitals (including Critical Access are established: 49°00.00′ N 123°19.69′ W Hospitals (CAHs)), that would address (a) Precautionary area ‘‘GS,’’ which is the right of a patient to choose who may bounded by a line connecting the Dated: November 9, 2010. and may not visit him or her. In the following geographical positions: Dana A. Goward, memorandum, the President pointed out Latitude Longitude U.S. Coast Guard, Director of Marine the plight of individuals who are denied 48°52.30′ N 123°07.44′ W Transportation Systems Management. the comfort of a loved one, whether a 48°54.81′ N 123°03.66′ W [FR Doc. 2010–29165 Filed 11–18–10; 8:45 am] family member or a close friend, at their ° ′ ° ′ 48 49.49 N 122 54.24 W BILLING CODE 9110–04–P side during a time of pain or anxiety 48°47.93′ N 122°57.12′ W after they are admitted to a hospital. The 48°47.78′ N 122°59.12′ W ° ′ ° ′ memorandum indicated that these 48 48.19 N 123 00.84 W individuals are often denied this most 48°52.30′ N 123°07.44′ W DEPARTMENT OF HEALTH AND basic of human needs simply because (b) A separation zone bounded by a HUMAN SERVICES the loved ones who provide them line connecting the following Centers for Medicare & Medicaid comfort and support do not fit into a geographical positions: Services traditional concept of ‘‘family.’’ Latitude Longitude Section 1861(e)(1) through (9) of the ° ′ ° ′ Social Security Act—(1) Defines the 48 53.89 N 123 05.04 W 42 CFR Parts 482 and 485 48°56.82′ N 123°10.08′ W term’’hospital’’; (2) lists the statutory 48°56.30′ N 123°10.80′ W [CMS–3228–F] requirements that a hospital must meet 48°53.39′ N 123°05.70′ W to be eligible for Medicare participation; RIN 0938–AQ06 (c) A traffic lane for north-westbound and (3) specifies that a hospital must traffic located between the separation Medicare and Medicaid Programs: also meet other requirements as the zone described in paragraph (b) of this Changes to the Hospital and Critical Secretary finds necessary in the interest of the health and safety of individuals section and a line connecting the Access Hospital Conditions of who are furnished services in the following geographical positions: Participation To Ensure Visitation facility. Under this authority, the Latitude Longitude Rights for All Patients 48°54.81′ N 123°03.66′ W Secretary has established in the 48°57.68′ N 123°08.76′ W AGENCY: Centers for Medicare & regulations at 42 CFR part 482 the requirements that a hospital must meet (d) A traffic lane for south-eastbound Medicaid Services (CMS), HHS. ACTION: Final rule. in order to participate in the Medicare traffic between the separation zone program. This authority extends as well described in paragraph (b) of this SUMMARY: This final rule will revise the to the separate requirements that a CAH section and a line connecting the Medicare conditions of participation for must also meet to participate in the following geographical positions: hospitals and critical access hospitals Medicare program, established in the Latitude Longitude (CAHs) to provide visitation rights to regulations at 42 CFR part 485. 48°55.34′ N 123°12.30′ W Additionally, section 1820 of the Act ° ′ ° ′ Medicare and Medicaid patients. 48 52.30 N 123 07.44 W Specifically, Medicare- and Medicaid- sets forth the conditions for designating (e) Precautionary area ‘‘PR,’’ which is participating hospitals and CAHs will certain hospitals as CAHs. Section bounded by a line connecting the be required to have written policies and 1905(a) of the Act provides that following geographical positions: procedures regarding the visitation Medicaid payments may be applied to Latitude Longitude rights of patients, including those hospital services. Regulations at 42 CFR 48°55.34′ N 123°12.30′ W setting forth any clinically necessary or 440.10(a)(3)(iii) require hospitals to 48°57.68′ N 123°08.76′ W reasonable restriction or limitation that meet the Medicare CoPs to receive 49°02.20′ N 123°16.28′ W the hospital or CAH may need to place payment under States’ Medicaid ° ′ ° ′ 49 00.00 N 123 19.69 W on such rights as well as the reasons for programs. (f) A separation zone bounded by a the clinical restriction or limitation. While the existing hospital conditions of participation (CoPs) in our line connecting the following DATES: Effective Date: These regulations regulations at 42 CFR part 482 do not geographical positions: are effective on January 18, 2011. address patient visitation rights Latitude Longitude FOR FURTHER INFORMATION CONTACT: ° ′ ° ′ specifically, there is a specific CoP 49 01.39 N 123 17.53 W Scott Cooper, (410) 786–9465. Danielle regarding the overall rights of hospital 49°03.84′ N 123°21.30′ W ° ′ ° ′ Shearer, (410) 786–6617. Jeannie Miller, patients contained in § 482.13. We note 49 03.24 N 123 22.41 W (410) 786–3164. 49°00.75′ N 123°18.52′ W that the existing CoPs for CAHs in our SUPPLEMENTARY INFORMATION: regulations do not address patient rights (g) A traffic lane for north-westbound in any form. The hospital CoP for I. Background traffic located between the separation patient rights at § 482.13 specifically zone described in paragraph (f) of this On April 15, 2010, the President requires hospitals to—(1) Inform each section and a line connecting the issued a Presidential Memorandum on patient or, when appropriate, the following geographical positions: Hospital Visitation to the Secretary of patient’s representative (as allowed Latitude Longitude Health and Human Services. The under State law) of the patient’s rights; 49°02.20′ N 123°16.28′ W memorandum may be viewed on the (2) ensure the patient’s right to ° ′ ° ′ 49 04.52 N 123 20.04 W Web at: http://www.whitehouse.gov/the- participate in the development and (h) A traffic lane for south-eastbound press-office/presidential- implementation of the plan of care; (3) traffic between the separation zone /memorandum-/hospital-/visitation. As ensure the patient’s (or his or her described in paragraph (f) of this section part of the directives of the representative’s) right to make informed and a line connecting the following memorandum, the Department, through decisions about care; (4) ensure the geographical positions: the Office of the Secretary, tasked CMS patient’s right to formulate advance

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directives and have hospital staff minimum, the requirement should they ‘‘engender trust in families, creating comply with these directives (in exclude a hospital or CAH from a better working relationship between accordance with the provisions at 42 requiring documentation when the hospital staff and family members.’’ CFR 489.102); (5) ensure the patient’s patient has the capacity to speak or II. Provisions of the Proposed Rule and otherwise communicate for himself or right to have a family member or Response to Comments representative of his or her choice and herself; where patient representation his or her own physician notified automatically follows from a legal We published a proposed rule in the promptly of admission to the hospital; relationship recognized under State law Federal Register on May 26, 2010 (75 (6) inform each patient whom to contact (for example, a marriage, a civil union, FR 29479). In that rule, we proposed to at the hospital to file a grievance; and a domestic partnership, or a parent- revise the Medicare hospital and CAH (7) ensure that the hospital’s grievance child relationship); or where requiring CoPs to provide visitation rights to process has a mechanism for timely documentation would discriminate on Medicare and Medicaid patients. referral of patient concerns regarding an impermissible basis. We provided a 60-day public quality of care or premature discharge to In the April 15, 2010 Presidential comment period in which we received the appropriate Utilization and Quality Memorandum, the President also approximately 7,600 timely comments Control Quality Improvement emphasized the consequences that from individuals, advocacy Organization (QIO). (Additional restricted or limited visitation has for organizations, legal firms, and health information regarding the Medicare patients. Specifically, when a patient care facilities. Of the approximately beneficiary patient’s right to file a does not have the right to designate who 7,600 timely comments, more than grievance or a complaint with a QIO may visit him or her simply because 6,300 were versions of a form letter that may be found at the HHS Centers for there is not a legal relationship between all expressed the same sentiment of strong support for the proposed Medicare & Medicaid Services Web site: the patient and the visitor, physicians, regulation. The remaining comments, http://www.cms.gov/ nurses, and other staff caring for the with very few exceptions, also QualityImprovementOrgs/.) The patient often miss an opportunity to expressed strong support for the concept hospital patient rights CoP also gain valuable patient information from and overall goals of the proposed guarantees a patient’s right to privacy; those who may know the patient best regulation. Summaries of the public care in a safe setting; freedom from all with respect to the patient’s medical comments are set forth below. forms of harassment and abuse; and history, conditions, medications, and confidentiality of patient records. In allergies, particularly if the patient has Hospital Visitation Rights addition, this CoP contains detailed difficulties recalling or articulating, or is totally unable to recall or articulate, this We proposed a visitation rights standards on the use of restraint and requirement for hospitals as a new seclusion in the hospital, including vital personal information. Many times, these individuals who may know the standard within the patient rights CoP at provisions regarding the training of staff § 482.13. In that provision, we specified on appropriate restraint and seclusion of patient best act as an intermediary for the patient, helping to communicate the that hospitals would be required to have patients as well as a requirement for the written policies and procedures hospital to report any and all deaths patient’s needs to hospital staff. We agree that restricted or limited hospital regarding the visitation rights of associated with the use of restraint or patients, including those setting forth seclusion. and CAH visitation can effectively eliminate these advocates for many any clinically necessary or reasonable As the President noted in his patients, potentially to the detriment of restriction or limitation that the hospital memorandum to the Secretary, many the patient’s health and safety. may need to place on such rights as well States have already taken steps to An article published in 2004 in the as the reasons for the clinical restriction ensure that a patient has the right to Journal of the American Medical or limitation. As part of these determine who may and may not visit Association (Berwick, D.M. and Kotagal, requirements, the hospital must inform him or her, regardless of whether the M.: ‘‘Restricted visiting hours in ICUs: each patient, or his or her representative visitor is legally related to the patient. time to change.’’ JAMA. 2004; Vol. 292, where appropriate, of the patient’s In addressing the President’s request to pp. 736–737) discusses the health and visitation rights, including any clinical ensure patient visitation rights, we safety benefits of open visitation for restriction or limitation on those rights, focused on developing requirements to patients, families, and intensive care when the patient, or his or her ensure that hospitals and CAHs protect unit (ICU) staff and debunks some of the representative where appropriate, is and promote patient visitation rights in myths surrounding the issue informed of the other rights specified in a manner consistent with that in which (physiologic stress for the patient; § 482.13. We also proposed that, as part hospitals are currently required to barriers to provision of care; exhaustion of his or her visitation rights, each protect and promote all patient rights of family and friends) through a review patient (or representative where under the current CoPs. Therefore, we of the literature and through the appropriate) must be informed of his or proposed a visitation rights requirement authors’ own experiences working with her right, subject to his or her consent, for hospitals and CAHs as a CoP in the hospitals that were attempting a to receive the visitors whom he or she Medicare and Medicaid programs. In systematic approach to liberalizing ICU designates, whether a spouse, a addition to addressing the President’s visitation as part of a collaborative with domestic partner (including a same-sex directives regarding patient rights, we the Institute for Healthcare domestic partner), another family are also ensuring that all hospitals and Improvement. The authors of the article member, or a friend, and of the right to CAHs fully inform patients (or their ultimately concluded that ‘‘available withdraw or deny such consent at any representatives) of this right, and that all evidence indicates that hazards and time. We solicited public comment on patients are guaranteed full problems regarding open visitation are the style and form that patient notices participation in designating who may generally overstated and manageable,’’ or disclosures would need to follow so and who may not visit them. Therefore, and that such visitation policies ‘‘do not that patients would be best informed of we solicited public comment on how to harm patients but rather may help them these rights. best implement this requirement. In the by providing a support system and We also proposed that hospitals proposed rule we noted that, at a shaping a more familiar environment’’ as would not be permitted to restrict, limit,

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or otherwise deny visitation privileges is a moral issue and a basic human this requirement, CMS is not in a on the basis of race, color, national right, and that regardless of sexual position to publicly report this data. origin, religion, sex, gender identity, identity or recognized marital status, However, should a quality measure be sexual orientation, or disability. In one person being permitted to visit and developed in the future, this addition, we proposed to require care for another should not require a information could be included on the hospitals to ensure that all visitors law. Hospital Compare Web site (http:// designated by the patient (or Other commenters noted that some www.hospitalcompare.hhs.gov/). representative where appropriate) enjoy current visitation policies in facilities Comment: Many commenters were visitation privileges that are no more are discriminatory, unjust, and deny confused by the use of the term restrictive than those that immediate basic equal rights to some patients. ‘‘representative’’ in this section. family members would enjoy. Several commenters noted that facilities Commenters were unclear about should be focused on providing medical whether the patient’s representative for Visitation Rights With Respect to CAHs treatment in keeping with the tenets of visitation purposes needed to be the We proposed to apply the same the Hippocratic oath, rather than patient’s legal representative for visitation requirements to CAHs by dictating what constitutes an decision-making purposes. revising the CoPs for CAHs. Because the appropriate visitor. Commenters agreed Response: We agree that using the CoPs for CAHs do not contain patient that equal visitation rights are critical to term ‘‘representative’’ in this rule is rights provisions, we proposed to add a the safety, welfare and equal treatment confusing and may be misleading. For new standard on patient visitation rights of persons who may unexpectedly find purposes of exercising visitation rights, at § 485.635(f) within the existing CoP themselves under the care of a hospital we do not believe that the individual on provision of services. or CAH. exercising the patient’s visitation rights Comment: The vast majority of Response: We thank the commenters needs to be the same individual who is commenters expressed support for the for their support, and agree that all legally responsible for making medical proposed regulation. Of those patients must be ensured the right to decisions on the patient’s behalf, though commenters who submitted positive choose their own visitors. We agree that it is certainly possible for both roles to comments, many also included a all Medicare- and Medicaid- be filled by the same individual. To rationale for their positive support. participating hospitals and CAHs must avoid potential confusion, we have Many commenters noted the harm in have written policies and procedures replaced the word ‘‘representative’’ with keeping loved ones apart, and expressed regarding the visitation rights of the term ‘‘support person.’’ The term support for the rule based on the need patients, including those setting forth ‘‘support person’’ will, we believe, allow for compassionate treatment of all any clinically necessary or reasonable for a broader interpretation of the patients and loved ones. One restriction or limitation that the hospital requirement and increase flexibility for commenter indicated it is shameful and or CAH may need to place on such patients and providers alike. A support embarrassing to ask for ‘‘special’’ rights as well as the reasons for the person could be a family member, treatment to visit a sick loved one, when clinical restriction or limitation. friend, or other individual who is there it is not the hospital’s decision to make Comment: A few commenters to support the patient during the course in the first place. Another commenter approved of the proposed regulation, of the stay. This concept is currently felt there was ‘‘no excuse’’ for hospitals and suggested that fines, civil penalties, expressed in standard RI.01.01.01 of to make such visitation decisions. One and/or jail time should be imposed The Joint Commission guidelines for commenter stated that affording the upon hospitals and individuals that hospitals, and we believe that it right of an individual to choose their deny loved ones access to patients on an appropriately reflects our broad visitors or seek comfort is a crucial step impermissible basis. Others suggested interpretation of the individual who towards challenging discrimination and that a list of non-compliant facilities may exercise a patient’s visitation rights improving health outcomes. A few should be made available to the public. on his or her behalf. commenters supported the proposed Response: As a CoP for hospitals and Comment: Commenters were regulation based on the doctrine of the CAHs, noncompliance with this uniformly supportive of the requirement separation of Church (in the form of the provision could result in the provider’s for hospitals and CAHs to have written personal religious beliefs of hospital termination from the Medicare program. policies and procedures on visitation. staff) and State (in the form of official Medicare is the single largest health care Commenters were also strongly hospital policies and procedures). Other payer in the country; therefore, being supportive of a clear, formalized, commenters supported the proposed terminated from participation in the written notice process for informing the regulation, citing the benefits that they Medicare program, and therefore unable patient and, as appropriate, would-be personally experienced when their to receive Medicare payments, is a very visitors and/or family and friends, of the loved one was ill and they were granted serious consequence that all patient’s visitation rights. Some access, even without having an advance participating hospitals endeavor to commenters recommended specific directive naming them as the patient’s avoid. Hospitals and CAHs that have times as to when notice should be given, representative. Still others described been terminated from Medicare such as upon admission, as early as scenarios where an individual was participation may also not receive possible in the admissions process, and/ permitted to visit a patient only because Medicaid payments. Therefore, we or whenever copies of the visitation the individual lied about his or her believe that hospitals and CAHs already policy are requested. Other commenters relationship to the patient (such as have a very strong incentive, absent suggested that the notice of visitation claiming to be a biological relation). fines and other consequences, to comply rights be limited to a single page. Many commenters supported the rule with this requirement. In addition, CMS Several other commenters requested because they believed that denying does not have the legal authority to that the notice also be provided orally access to hospitalized loved ones is impose other types of sanctions for non- and in an accessible manner in cruel and inhumane; some commenters compliant hospitals or CAHs outside of accordance with Title VI of the 1964 even described such a denial as a form the existing scheme. Because, at this Civil Rights Act, in order to ensure the of punishment. The commenters time, no quality measures have been communication of the content in an expressed the sentiment that visitation developed relating to compliance with appropriate manner. Still other

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commenters suggested that the notice of prohibit hospitals and CAHs from developing medical condition-specific visitation rights should be posted in posting information about their notices tailored to the common needs of public spaces and in the patient’s room. visitation policies of their own volition. different patient populations, and/or Response: We thank the commenters Furthermore, we are not requiring reciting the text of this rule as they for their support of the need to notify facilities to provide the notice of rights develop their visitation rights notice. patients or their support person about in any particular format or to We also agree that hospitals should their rights. We agree that hospitals and individuals other than the patient or notify patients of their advance directive CAHs should be required to notify support person. Facilities are already rights and their right to access the patients or their support person, in providing a notice of rights to patients hospital’s grievance system, and writing, of the patient’s rights, including in accordance with the requirements of information on how to do so. This their right to receive visitors of their the current rule and contemporary information is currently required to be choosing. In accordance with the standards of practice. In order to provided to patients or their support current requirements at § 482.13(a), facilitate prompt compliance and person in accordance with § 482.13(a) Notice of rights, hospitals must inform minimize the burden upon facilities, it and (b). patients or their support person, where is essential to allow them the flexibility Comment: Several commenters appropriate, of the patient’s rights in to adapt their current notice procedures suggested that CMS identify (and create, that hospital before care is furnished to and documents to include this new where necessary) best practices for a patient whenever possible. This notice of visitation rights requirement training staff and administrators on requirement for providing the notice of and to continue the strong focus on cultural competency and the benefits of patient rights, now including the right patients, rather than the many visitors open visitation policies. Several to designate and receive visitors, before who may pass through a facility in any commenters suggested that hospitals care is initiated meets the concerns of given day. should be required to train their staff in some commenters regarding the timing Comment: In addition to notifying discrimination prevention and cultural of the notice. Therefore, we are retaining patients of their visitation rights, some competency, to better assure that the the current requirements of § 482.13(a) commenters suggested that the notice rights of patients are promoted and related to the timing of the notice of should include information about any protected. rights, and are finalizing the restrictions on those visitation rights, Response: We thank the commenters requirements of § 482.13(h)(1) and (2) including common examples of for their suggestions. However, we specifically related to the written notice situations when visitation may be believe that it is outside the scope of of visitation rights. Likewise, we are restricted, and any specific restrictions this rule for CMS to identify or create modifying the requirement of proposed applicable to the patient. Additionally, best practices for training various § 485.635(f)(1) to require CAHs to notify the following items were proposed as healthcare facility staff on cultural patients of their visitation rights in elements of the disclosure notice: competency and the benefits of open advance of furnishing patient care Æ Recitation of the specific language visitation policies. We believe that the whenever possible. from the regulation (that ‘‘hospitals establishment of these rules will lead While we are finalizing the written cannot restrict, limit, or otherwise deny hospitals and CAHs to actively seek out notice of visitation rights requirement visitation privileges on the basis of race, and implement best practices and other under the authority of sections color, national origin, religion, sex, recommendations for training staff on 1861(e)(9) and 1820 of the Act, we agree gender identity, sexual orientation, or these issues in order to fully comply with commenters that there are other disability’’); with the CoPs and continue legal requirements, most notably those Æ Accompanying notice related to a participation in the Medicare and under Title VI of the Civil Rights Act of patient’s right to complete an advance Medicaid programs. We encourage 1964, that are related to this provision. directive or other designation of a health hospitals to address issues of cultural Our requirement is compatible with care agent to represent the patient; competencies specific to the needs of recent guidance on Title VI of the Civil Æ Accompanying notice about the their unique patient populations as part Rights Act of 1964. The Department of grievance process that a patient (or a of their quality assessment and Health and Human Services’ (HHS) visitor) may follow to appeal a denial of performance improvement programs. In guidance related to Title VI of the Civil visitation; and the future, CMS may use subregulatory Rights Act of 1964, ‘‘Guidance to Federal Æ Contact information for a dedicated guidance and technical assistance Assistance Recipients Regarding Title VI hospital staff person who can resolve programs (such as Medicare Learning Prohibition Against National Origin visitation conflicts. Network at http://www.cms.gov/ Discrimination Affecting Limited Response: We agree that the notice of MLNGenInfo/) to make known best English Proficient Persons’’ (August 8, visitation rights should include practice information that is developed 2003, 68 FR 47311) applies to those information related to reasonable, by other entities and organizations. entities that receive Federal financial clinically necessary restrictions or Comment: Several commenters assistance from HHS, including limitations on those rights. Therefore, suggested that complaints regarding the Medicare- and Medicaid-participating we are finalizing § 482.13(h)(1) and patient’s visitation rights should be hospitals and CAHs. This guidance may § 485.635(f)(1), which require hospitals subject to a grievance process, and that assist hospitals and CAHs in ensuring and CAHs to ‘‘inform each patient (or the right to file a grievance should be that patient rights information is support person, where appropriate) of readily available to the patient as well provided in a language and manner the his or her visitation rights, including as any would-be visitor. patient understands. any clinical restriction or limitation on Response: If a patient believes that his Providing each patient or support such rights.’’ In order to improve or her visitation rights have been person with the written notice of compliance with this requirement and violated, the patient or his or her visitation rights before the start of care minimize the burden on providers, it is representative may file a grievance with sufficiently achieves the goal of necessary to allow hospitals and CAHs the hospital using the hospital’s internal informing patients; therefore, we are not flexibility in meeting this requirement. grievance resolution process. We note requiring such notice to be posted These facilities can consider the that CAHs are not currently required to within the facility. This rule does not usefulness of providing examples, have an internal complaint process;

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nonetheless, they may have such a Response: As revised, we believe that all States continue to have the right to process in place for quality this rule makes clear that hospitals must determine the legal relationships that improvement, State licensure, establish and implement visitation will be recognized by State law and accreditation, or other reasons. If the policies that grant full and equal practice, to the extent that they do so in patient believes that the quality of their visitation access to all individuals accordance with constitutional care was negatively impacted by a designated by the patient or support principles. We do not have the authority violation of his or her rights, the patient person, consistent with patient in this rule to compel one State to may also file a complaint with the State preferences. Patients (or their support recognize a legal relationship that is survey agency responsible for oversight persons) may designate anyone as an established in another State. That said, of the facility, or the body responsible approved visitor, and a hospital or CAH we remind hospitals and CAHs that this for accrediting the facility (if may not discriminate against any rule does require full and equal applicable). In the case of Medicare approved visitors(and may impose only visitation for all visitors who are beneficiaries, complaints may also be reasonable, clinically necessary designated by the patient or support filed with the QIO in that State. These restrictions or limitations on visitation). person, consistent with the patient’s external complaint processes are We believe that this regulatory policy is preferences. It is our understanding that, available to both hospital and CAH responsive to the concerns of even where one State does not recognize patients. We believe that these current commenters while still adhering to the a legal relationship recognized by complaint resolution mechanisms offer specific instructions of the President’s another State, the law of that State the necessary protections for patients April 15, 2010 memorandum to the generally does not prohibit a private who believe that their rights have been Secretary. Therefore, we are not actor in that State—such as a hospital or violated. Likewise, if a visitor believes expanding the list of explicitly CAH—from recognizing that legal that a hospital or CAH is not complying protected classes at this time. relationship. Thus, there generally with the requirements of this rule, the Comment: Several commenters stated appear to be no barriers to such a visitor may file a complaint with the that they feared crossing state lines hospital or CAH recognizing a legal State survey agency responsible for because not all States recognize the legal relationship recognized by another oversight of the facility, as well as the status of relationships in the same way. State, even if its own State does not body responsible for accrediting the Without such consistent recognition of recognize that legal relationship. facility (if applicable). legal status, an individual may be Comment: A few commenters Comment: A few commenters recognized as the default decision expressed concern that the validity of an requested examples of how the new making authority by one State, but may adoption in one State may not be regulation will be implemented in not be recognized as such by another recognized by another State in cases facilities. State. A few commenters also stated where a minor is the patient. Response: This final rule requires that, while traveling, it could be Commenters feared being required to hospitals and CAHs to notify a patient difficult to obtain the documentation verify proof of parenthood at the height or support person of his or her visitation required to verify the legal status of a of a medical emergency if located in a rights, and sets forth the need for all relationship, particularly in emergency different state than where adoption hospitals and CAHs to establish non- situations. Commenters noted that, even occurred. Concern about the minor discriminatory visitation policies that if documentation of a legal relationship patient’s representative having the right treat all visitors equally, consistent with as recognized in a certain State was to make decisions about medical care the designations of patients or support available while traveling and medical ‘‘as allowed under State law’’ was also persons. This applies to all patients, attention was needed, people may not noted by few commenters. Commenters regardless of their payment source. seek treatment because they fear that felt that, as the language in the These are broad expectations and rights their legal relationship documentation regulation stands, it may allow hospitals that afford facilities the flexibility to may not be recognized by the State in to deny the ability of adoptive parents revise current practices and procedures which they are traveling. to act as a minor patient’s as necessary to meet these expectations. Response: We understand the representative, even though the As such, we are not in a position to concerns of commenters in this area. adoptive relationship is recognized provide specific examples of how the These concerns highlight the need for under the laws of a different State. regulation will be implemented in any individuals to establish an advance Other commenters expressed concern facility because we do not know the directive as described in 42 CFR Part about the ability of non-biological particular circumstances of each facility, 489. As a legal document expressing the parents to make decisions for their child their current policies and practices, patient’s preferences in one or more in the absence of a legal adoption. their particular patient populations, etc. areas related to medical treatment, an Commenters expressed these same Comment: Several commenters advance directive can designate the concerns with respect to the ability to suggested additional protected individual who is permitted to represent visit a minor child. categories that should be added so that the patient, should the patient become Response: A legal adoption in one hospitals and CAHs are explicitly incapacitated. Although section State is generally recognized as a legal prohibited in regulation from 1866(f)(1) of the Act defers to State law parent-child relationship in another discriminating against additional (whether statutory or established by the State, along with all of the default specified populations. Commenters courts) to govern the establishment and decision-making authorities that such a stated that the protected categories in recognition of advance directives, we legal relationship confers upon a legal the proposed rule should be expanded believe that this type of document parent. This legal relationship continues to also include: marital status, family continues to be a generally viable option to exist even if that parent and minor composition, age, primary language and for patients seeking to document, in crosses State lines into another State in immigration status. In addition, writing, their representative and/or which that parent would have been commenters suggested that the proposed support person designation and prohibited from adopting that child. As rule make explicit that institutional or treatment preferences. Consistent with a legal parent and representative of the individual conscience cannot be used to provisions concerning the establishment minor child, the legal parent is, in deny a visitor access to the patient. and recognition of advance directives, accordance with the requirements of

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this final rule, able to designate those visitation rights. As discussed later in support person, and/or the patient’s individuals who are permitted to visit this section, there are numerous sources choices about specific medical the child. Thus, this rule ensures the of information and documentation that conditions and treatments. We believe representative’s ability to ensure may be appropriate to establish the that such documentation will help visitation access for other individuals. appropriateness of an individual to ensure that the patient’s wishes are Under this rule, issues of non- exercise an incapacitated patient’s honored. We acknowledge that the Act biological and non-adoptive parents visitation rights on his or her behalf. We defers to State law to govern advance acting as the minor child’s decision note that this section does not apply to directive issues, and that such deference maker are governed by State law. While designation of an individual as the may be a source of concern to we do not have the authority in this patient’s representative for purposes of commenters. However these advance final rule to compel a State to generally medical decision making, as this directive issues are beyond the purview recognize such parents as legal parents, designation may be governed by State of this rule. we note that some States in fact law and regulation. Comment: We received numerous recognize ‘‘de facto’’ or ‘‘functional’’ or Comment: Many commenters comments affirming our general ‘‘equitable’’ parenthood, i.e., recognize submitted personal anecdotes related to position that, when a patient can speak non-biological and non-adoptive parents their hospital and CAH visitation for himself or herself, a hospital or CAH as legal parents. Nothing in this rule experiences. Some stated that they were does not need to require written prohibits a hospital or CAH from denied information about or access to a documentation of a patient recognizing non-biological and non- sick loved one while in the hospital. In representative. That is, the commenters adoptive parents as legal parents for contrast, some commenters requested supported our contention that oral purposes of the visitation policies set examples of situations where patient designation of ‘‘representative’’ status is forth in this rule. visitation rights have been violated. sufficient. Comments also suggested that Comment: Several commenters stated Other commenters noted that if they no proof should be required in cases that they supported the proposed were to be hospitalized in the future, where the patient provides oral visitation regulation because it is critical they would like for their spouse or confirmation that he or she would like for patients to be able to choose their domestic partner to be able to make to receive any particular visitor. own visitors, particularly for those medical decisions on their behalf. Furthermore, the commenters advocated patients who belong to blended families. Several commenters stated that they had against a formal documentation process, Commenters described ‘‘families of prepared advance directive whereby the hospital would be asked to choice’’—strong relationships with documentation in the event something obtain a list of permitted and non- friends and other people who support should warrant a hospital visit for permitted visitors from each patient. the patient and who can be contacted themselves and/or a spouse or domestic They stated that, as a practical matter, during times of need. Accordingly, partner, while others expressed concern it would be simpler for the hospital to commenters stated that, when a patient about advance directives, stating that recognize as welcome or not any is incapacitated, the patient’s they cannot rely on those directives particular potential visitor, per the representative (which we now refer to as being honored in all health care settings, patient’s wishes, when that patient a support person) should not be chosen institutions, or States uniformly, based make his or her wishes known. solely based on an individual’s legal on their marital/relationship status. Still Response: We agree that an oral relationship with the patient. other commenters appeared to believe designation of a support person Commenters noted the lack of that this final rule removes the need for (formerly known as a ‘‘representative’’) protection for ‘‘families of choice,’’ advance directives to designate is sufficient for establishing the which do not necessarily fit a traditional healthcare decision makers. individual who may exercise the definition of a family, one based on Response: We appreciate all of the patient’s visitation rights on his or her bloodlines, marriage, or adoption, make experiences and concerns shared by the behalf, should the patient be unable to it difficult for visitors to gain access to commenters, and we encourage those do so. We also agree that the patient’s sick loved ones. Commenters noted that commenters who sought examples of or support person’s oral consent to these representatives and sources of patient visitation rights being denied to admit a visitor or to deny a visitor is support should enjoy full visitation refer to the many detailed personal sufficient evidence of their wishes, and rights as any biological family member examples that were submitted to us (see that further proof of those wishes of the patient would. http://www.regulations.gov. In the ‘‘key should not be required. However, Response: We appreciate the support word or I.D.’’ entry field, enter the hospitals and CAHs are permitted to of commenters, as it confirms our docket ID (CMS–2010–0207). Then, record such information in the patient’s understanding that this visitation rights select ‘‘public submissions’’ from the record for future reference, if they so rule will help ensure that patients have drop-down menu under ‘‘select choose. access to their chosen loved ones while document type’’). Numerous comments Comment: Some commenters the patient is being cared for in a reaffirmed our understanding of the submitted comments related to the rare hospital or CAH. We also agree that oral current practice in some medical cases in which hospitals may need to designation of a support person, institutions that denies patients access require written documentation of regardless of a particular relationship’s to their loved ones in times of need. The patient representation. Of these, some legal status, should be sufficient for commenters also confirmed our commenters suggested that establishing the individual who may understanding of the public’s deeply- documentation should be required only exercise the patient’s visitation rights on held desire to be with loved ones in in cases where more than one person his or her behalf, should the patient be such medical institutions, which further claims to be the patient’s spouse, unable to do so. In the absence of a validates the need for this final rule. We domestic partner or surrogate. Others verbal support person designation, also appreciate the comments related to suggested that proof should be required hospitals and CAHs would look to their advance directives, and encourage only if the patient is incapacitated. established policies and procedures for individuals to establish written advance Other commenters suggested dropping establishing a support person for the directives that document the selection ‘‘proof’’ requirements altogether in an purpose of exercising a patient’s of a designated patient representative, emergency situation and/or if the

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patient is unconscious or otherwise authority. We note that issues of overall expectation is that hospitals and incapacitated. A few commenters stated surrogate medical decision making fall CAHs will use this information to guide that the visitor should not have to leave outside the scope of this rule on the establishment of flexible policies the bedside of the patient to obtain visitation policies. Hospitals and CAHs and procedures that balance the dual proper documentation, while others must always comply with their State needs of ensuring patient safety and stated that proof should not be required laws and regulations, and we remind ensuring patient access to loved ones. of same-sex couples where it is not facilities that their policies and Comment: A few commenters required of similarly-situated different- procedures related to requiring suggested that the final rule should sex couples. Other comments to this documentation of support person status ensure that patients have the right to effect went further, suggesting that must be applied in a non-discriminatory exclude certain visitors to assure their hospitals requiring documentation from manner. well-being, and that the patient’s a same-sex couple but not a different- Comment: Comments were received support person should have the highest sex couple in the same situation would regarding what forms of proof might level of authority to do so. be engaging in discrimination on an suffice to establish the appropriateness Response: We agree that the patient’s impermissible basis (i.e. on the basis of of a visitor where the patient is right to choose visitors also includes the sexual orientation). incapacitated or otherwise unable to right to deny visitors. We included this Response: We agree with those designate visitors, and a representative concept at proposed § 482.13(h)(2) and commenters who stated that a hospital in accordance with State law or a § 485.635(f)(2), stating, ‘‘Inform each or CAH must apply its documentation patient-designated support person is not patient (or representative, where policy equally for all patients and available to exercise the patient’s rights appropriate) of his or her visitation support persons. In accordance with the on his or her behalf. Comments also rights * * * and his or her right to comments submitted with respect to suggested that these forms of ‘‘proof’’ withdraw or deny such consent at any this rule, we believe that documentation could also be used to help establish a time.’’ We continue to believe that this to establish support person status for the support person’s status as such. is an appropriate provision and are purpose of exercising a patient’s The following forms of ‘‘proof’’ were finalizing it as such. Patients, or their visitation rights should be required only suggested: support person acting on their behalf, in the event that the patient is • An advance directive naming the have the right to deny visitors. incapacitated and two or more individual as a support person, Comment: Some commenters individuals claim to be the patient’s approved visitor or designated decision suggested that the regulation should support person. Since the visitation maker (regardless of the State in which include an explicit requirement granting rights provision is new, we do not the directive is established); the patient’s support person direct believe that States have established • Shared residence; access to the patient. One commenter separate laws and regulations that • Shared ownership of a property or suggested that health care proxies or would require documentation to business; powers of attorney that are legally establish an individual as the support • Financial interdependence; recognized in one State also be person in other circumstances. While • Marital/Relationship status; recognized by hospitals and CAHs in we acknowledge the desire of the • Existence of a legal relationship other States for the purpose of individuals who claim to be the recognized in another jurisdiction, even establishing visitation rights. patient’s support person to remain at the if not recognized in another jurisdiction, Response: We agree that the patient’s patient’s bedside, we recognize that this including: Parent-child, civil union, representative and/or support person, as is not possible in every situation. In marriage, domestic partnership; the individual responsible for exercising these situations, such individuals may • Acknowledgment of a committed the patient’s rights on the patient’s need to leave the area in order to obtain relationship (e.g. an affidavit); and behalf when the patient is incapacitated • written documentation of the patient’s Written documentation of the or otherwise unable to do so directly, wishes. Individuals may wish to patient’s chosen individual(s) even if it should be granted direct access to the maintain such documentation on their is not a legally recognized advance patient. This basic concept is embodied person and/or maintain such directive. throughout the current hospital documentation in an electronic Response: We agree that any of these regulations, including through the database, such as an advance directive forms of proof could be sufficient for requirement at § 482.13(a) and (b) that registry, that grants access to health care hospitals and CAHs to establish the the patient or patient’s representative facilities in order to avoid leaving the appropriateness of a visitor when a must be informed of the patient’s rights patient’s bedside to obtain proof of patient is incapacitated and no and how to exercise those rights. We support person status. representative or support person is also agree that using the information Comment: A few comments spoke to available to exercise a patient’s provided in an advance directive or matters beyond a support person’s visitation rights on his or her behalf. We other written document, whether it is or ability to visit and designate other also agree that these forms of proof may is not legally recognized by the State, visitors, suggesting that, where the be helpful for establishing support may be useful for hospitals and CAHs patient is unable to communicate and person status for the purpose of when trying to determine appropriate decisions related to providing or exercising the patient’s visitation rights visitors when a patient is unable to withdrawing medical care are necessary, when the patient is incapacitated. In communicate his or her own wishes and documentation should be required, order to obtain this information, a legal representative as established unless the patient designated the hospitals and CAHs may choose to consistent with State law or a support representative for health care decision examine licenses, State identification person is not available to exercise the making before being unable to cards, bank statements, deeds, lease patient’s visitation rights on his or her communicate. agreements, etc. These lists of proof and behalf. Response: We agree that situations documentation are not intended to be Comment: A number of commenters related to medical decision making are exhaustive of all potential sources of expressed the concern that the governed by State law, whether information regarding patient visitation regulation’s reference to State law, as it established under legislative or judicial or support person preferences. Our pertains to the hospital’s recognition of

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a patient’s representative, could be hospitals and CAHs as they establish similar to those given by the interpreted as inappropriately limiting policies and procedures intended to commenters (‘‘a spouse, a domestic the designation of a representative, and address these difficult situations. partner (including a same-sex domestic suggested that we remove ‘‘as allowed Hospitals and CAHs may also choose to partner), another family member, or a under State law’’ from the regulation. utilize their own social work and friend’’). Most importantly, the proposed Response: As previously discussed, pastoral counseling resources to resolve requirements go beyond these examples we agree that using the term such conflicts to assure the patient’s by specifying that the patient has the ‘‘representative,’’ with its implicit links well-being. right to designate all visitors, regardless to state law, is too narrow for this Comment: Some commenters of type of relationship, and, while regulation. Therefore, we have replaced suggested that we replace the term patient-designated visitors may the term ‘‘representative’’ with the term ‘‘immediate family,’’ as proposed at obviously include those mentioned, the ‘‘support person,’’ which is intended to § 482.13(h)(4) and § 485.635(f)(4), with a requirements do not place limits on who broadly describe the family member, broader requirement that does not may be designated as a visitor by the friend, or other individual who supports distinguish among different types of patient. This final rule maintains the the patient during his or her hospital or relationships. Some commenters policies articulated in the proposed rule CAH stay and may exercise the patient’s asserted that the regulation, as in this regard. visitation rights on his or her behalf. proposed, would be difficult to define, Comment: Commenters from the Issues of legal representation and health measure, and enforce. Furthermore, provider community expressed broad care decision making are beyond the some commenters stated that the support for the rule’s recognition of the purview of this final rule. We remind all regulation, as proposed, created the need for clinically necessary or hospitals and CAHs that these issues are appearance of a hierarchy of family reasonable restrictions or limitations on generally addressed in State law relationship status that could put other visitation. In addition to supporting the (including case law). All Medicare- chosen family members and loved ones overall concept of ‘‘necessary participating providers, including at risk of unequal treatment. restrictions,’’ some commenters stated hospitals and CAHs, are required to Response: We agree that the proposed that restrictions must be enforced language may have been difficult to remain in full compliance with the laws uniformly and restrictions must be define, measure, and enforce, and that and regulations of their State, in clearly communicated, along with their amending the requirement would addition to these Federal requirements. medical basis, to would-be visitors Comment: A few commenters noted further clarify our intent to assure equal and/or the patient. These commenters that they were denied access to visit a visitation privileges for all visitors in stressed that such additional measures loved one by the patient’s accordance with the patient’s would reduce the opportunity for representative, although they believed preferences. Therefore, we have discrimination and increase that such a denial was not in the best amended the requirements at understanding. These comments reflect interest of the patient. The commenters § 482.13(h)(4) and § 485.635(f)(4) to the concerns of some commenters that cited their ability to provide pertinent state, ‘‘Ensure that all visitors enjoy full ‘‘ ’’ medical information about the patient as and equal visitation privileges an allowance for reasonable a primary reason for allowing them consistent with patient preferences.’’ restrictions would be too broad. There access to the patient despite the This revised requirement is patient- were concerns among some of the decision of the patient’s representative. centered and will, we believe, ensure commenters that a hospital or CAH A few comments also noted the impact that all visitors are treated in a fair and might apply this exception capriciously of the well-recognized legal concept of equal manner by a hospital or CAH. and without adequate clinical ‘‘substituted judgment’’ as requiring Comment: Many commenters justification, and that such a broad patients’ families and representatives to suggested that we broaden the context exception might also allow for make medical decisions based on the in which the word ‘‘family’’ is used. restrictions rooted in discriminatory patient’s values and interests and not Commenters presented a variety of attitudes toward lesbian, gay, bisexual, their own. options, citing sources such as the Joint and transgender people or their families. Response: As the individual Commission, the Office of Personnel Several commenters asked for responsible for making decisions on the Management for the United States clarification on the language in the patient’s behalf, the patient government, and current practices in proposed regulation that would allow representative has the authority to New York State. All of these for a hospital or CAH to place exercise a patient’s right to designate commenters suggested a broad concept limitations or restrictions on a patient’s and deny visitors just as the patient of family, including any individual who visitation rights when it determined that would if he or she were capable of doing plays a significant role in the patient‘s it was clinically reasonable or necessary so. The designation of and exercise of life, such as spouses, domestic partners, to do so. A commenter requested that authority by the patient’s representative significant others (whether different-sex one of the examples of a clinically is governed by State law, including or same-sex), and other individuals not reasonable restriction on visitation, statutory and case law. Many State legally related to the patient. which was used in the preamble (‘‘when courts have addressed the concept of Commenters also provided a list of the patient is undergoing care substituted judgment, whereby the specific types of family relationships, interventions’’), be stricken entirely from patient representative is expected to and described the challenges that can be this rule. This commenter was make medical decisions based on the faced with respect to each. concerned that a hospital or CAH might patient’s values and interests, rather Response: We believe that both the apply this example too broadly when than the representative’s own values preamble to the proposed rule and the restricting visitation for a patient, and and interests. State courts have also language of the proposed requirements that the reasons for applying it might be developed a body of closely related law broaden the definition of ‘‘family’’ in the more logistical than clinical (e.g., it may around the matter of a representative context of hospital and CAH visitation be used by overworked staff to justify a acting in the patient’s best interest. Such rights of patients. The language of the restriction or limitation). case law regarding substituted judgment proposed rule (see 75 FR 36612) The commenters provided numerous and best interest may be a resource for provides examples of visitors very examples of legitimate reasons for

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restricting or limiting visitors, other patients. There are other, similarly form, including the reasons for such including: obvious areas where restriction or restrictions, and must inform a patient Æ Any court order limiting or limitation of visitation would also be (or his or her support person) of its restraining contact; appropriate, and which commenters policies regarding clinical limitations or Æ Behavior presenting a direct risk or also pointed out: Existing court orders restrictions on visitation rights. threat to the patient, hospital staff, or restricting contact of which the hospital However, while we agree that a others in the immediate environment; or CAH is aware; disruptive, hospital or CAH must communicate its Æ Behavior disruptive of the threatening, or violent behavior of any policy on limited or restricted visitation functioning of the patient care unit; kind; patient need for rest or privacy; to patients when apprising them of their Æ Reasonable limitations on the limitations on the number of visitors rights (and the requirement is written as number of visitors at any one time; during a specific period of time; such), we do not believe that a hospital Æ Patient’s risk of infection by the minimum age requirements for child or CAH must delineate each of the visitor; clinical reasons that may warrant Æ visitors; and inpatient substance abuse Visitor’s risk of infection by the treatment programs that have protocols imposition of this policy because it may patient; be impossible to anticipate every Æ limiting visitation. While all of these Extraordinary protections because instances can be discussed individually, instance that may give rise to such a of a pandemic or infectious disease it may be more useful to group all of situation. We do believe that hospitals outbreak; these examples, plus those examples and CAHs should clearly communicate Æ Substance abuse treatment that we mentioned in the preamble, how such policies are aimed at protocols requiring restricted visitation; protecting the health and safety of all Æ Patient’s need for privacy or rest; under an even broader category of Æ clinically appropriate and reasonable patients. Additionally, in situations Need for privacy or rest by another where it may be necessary for patient individual in the patient’s shared room. restriction or limitation on visitation: When visitation would interfere with visitation to be limited or restricted, Response: We appreciate the support hospitals and CAHs have a duty to the of commenters for this provision of the the care of the patient and/or the care of other patients. Whether the reason for patient to clearly explain the reasons for proposed rule, and agree that this list, such restrictions or limitations. though not exhaustive, is an appropriate limiting or restricting visitation is infection control, disruptive behavior of Further, we disagree that the example way to begin considering clinically given in the preamble of a clinically appropriate restrictions on visitation visitors, or patient or roommate need for rest or privacy, all of these reasons may reasonable or necessary restriction or privileges. limitation on visitation (‘‘when the In his April 15, 2010 memorandum on be considered as clinically reasonable and necessary when viewed in light of patient is undergoing care hospital visitation rights, the President interventions’’) should be stricken from a hospital’s or CAH’s overarching goal directed the Secretary to initiate the rule entirely. This language was not of advancing the care, safety, and well- appropriate rulemaking that ‘‘should included in the proposed requirements being of all of its patients. As we take into account the need for hospitals nor is it being finalized here; it was used discussed in the preamble, we believe to restrict visitation in medically merely as an example. However, we are that current clinical thinking, along appropriate circumstances as well as the aware that in some hospitals and CAHs with some evidence in this area, clinical decisions that medical throughout the nation, there still exists supports the role of visitation in professionals make about a patient’s an unwritten policy of ‘‘clearing the advancing the care, safety, and well- care or treatment.’’ In crafting the room’’ of all visitors when a patient is being of patients. However, we must language of the requirements, we took undergoing an intervention. It should be this Presidential directive into account, caution commenters that visitation is noted here that there are often valid and thoroughly weighed the rights of a but one aspect of patient care. Hospitals reasons for doing this. For instance, patient to receive visitors of his or her and CAHs must balance all aspects of many patients prefer privacy during this choosing against the obligation and duty care for all patients. Through the time; many visitors are not prepared to of a hospital or CAH to provide the best hospital and CAH CoPs, CMS expects witness the physical aspects of some possible care to all of its patients. We all hospitals and CAHs to provide care patient care interventions and firmly believe that the requirements to patients in a safe manner that follows procedures; the physical limitations of must allow hospitals and CAHs some nationally recognized guidelines and the patient’s room can make the flexibility regarding patient visitation so standards. As part of this expectation, intervention difficult to perform with that healthcare professionals may CMS recognizes that hospitals and visitors in the room; and, when exercise their best clinical judgment CAHs must be allowed some degree of performing interventions or procedures when determining when visitation is, flexibility when developing policies and that require aseptic technique, and is not, appropriate. We believe that procedures for patient care and safety, additional persons or visitors in the the best clinical judgment takes into and in order to comply with the CoPs. room may compromise the healthcare account all aspects of patient health and We remind hospitals and CAHs that, professional’s ability to control for safety, including any negative impact when establishing and implementing infection. CMS believes that it is in the that patients, visitors, and staff may visitation policies and procedures, the patient’s best interest to allow those have on other patients in the hospital or burden of proof is upon the hospital or healthcare professionals responsible for CAH. CAH to demonstrate that the visitation the care of the patient to make these In the preamble to the proposed rule, restriction is necessary to provide safe clinical decisions regarding restricting we provided three broad examples of care. or limiting visitation when the patient is clinically reasonable areas where As it is written, the requirement does undergoing a procedure or intervention. hospitals and CAHs might impose allow a hospital or CAH a degree of However, we must emphasize here restrictions or limitations on visitors: flexibility when developing and that we strongly encourage hospitals When the patient is undergoing care imposing policies that may limit or and CAHs to be aware of, and sensitive interventions; when there may be restrict visitation. However, the rule to, the needs of any patient who may infection control issues; and when does require that a hospital or CAH request that at least one visitor be visitation may interfere with the care of must contain these policies in written allowed to stay in the room to provide

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support and comfort when undergoing a agree that this practice would most efforts to assure that the final regulation procedure, and to make a best effort at clearly be justified in those rare cases is fair and balanced to protect patient accommodating such requests if the where the hospital or CAH faces a rights, as well as patient health and clinical situation allows for it. Despite dispute among two or more persons safety. the hospital culture of ‘‘clearing the claiming to be the patient’s support Comment: Several commenters in room’’ for patient care interventions that person, and the patient is incapacitated. favor of the regulation proposed that all may still exist in some hospitals and Comment: One provider urged CMS to hospitals, whether they are receiving CAHs, we believe that many more be cautious about fashioning ‘‘overly Federal funding from CMS or not, hospitals and CAHs are making a best prescriptive’’ policies in the interpretive respect this directive and its intention. effort at recognizing and honoring the guidelines. Response: While we agree that the need of many patients to have a loved Response: We appreciate the intent and spirit of this regulation one close by while undergoing a commenter’s warning, and agree that should be honored by all hospitals and potentially frightening and painful being overly prescriptive may stifle the CAHs, even those that do not receive procedure. In this regard, we flexibility that we intend hospitals and Medicare or Medicaid funds, we do not respectfully disagree with the comment CAHs to exercise when establishing and have the authority to enforce these stating that staff may justify such implementing full and equal visitation requirements upon non-Medicare or restrictions or limitations for logistical, for all visitors in accordance with Medicaid hospitals and CAHs. CMS’s rather than clinical, reasons. This patient preferences. We note that the authority to enforce this and other CMS comment voices a concern that Interpretive Guidelines for the CoPs, regulations stems from the agreement ‘‘overworked staff’’ would apply which will be updated to reflect these that hospitals and CAHs enter into with restrictions or limitations for logistical new requirements, fall outside of the CMS whereby those hospitals and CAHs reasons and implies that logistical scope of this rulemaking process and are agree to abide by Medicare’s regulations reasons are more conveniences for the not addressed here. in exchange for their ability to staff than they are clinical reasons for Comment: A very small number of participate in the Medicare and the patient. In the hospital setting, the commenters suggested that CMS should Medicaid programs, see and treat logistical and the clinical are often one not adopt this proposed rule, believing Medicare and Medicaid patients, and be and the same, and the logistics of the that there does not exist a pressing need paid by Medicare or Medicaid for the situation must sometimes be taken into for it to exist, and that adding the care and services furnished to those account by healthcare professionals in additional patient rights information to Medicare and Medicaid patients. Absent order to ensure the best clinical the existing notice of patient rights that voluntary agreement, CMS lacks outcomes for patients. Of the examples disclosure would serve only to increase authority to enforce its rules upon non- given above for restricting or limiting hospital costs, lengthen the admission participating providers and suppliers. visitation during a care intervention, it process, and further overwhelm Comment: Several commenters can be argued that all are both clinical patients. suggested that the requirements of this and logistical in nature, with each Response: While we recognize the rule should apply to hospices, nursing impacting the other. Again, CMS commenters’ concern regarding the large homes, ambulatory surgical centers believes that, in the interests of patient amount of information that is provided (ASCs), and intermediate care facilities safety, such decisions are best left to the to patients and the time that it takes to for the mentally disabled (ICF/MRs). healthcare professionals responsible for do so, we continue to believe that it is Commenters noted that the need for and the care of the patient, and should not better to apprise patients and their the benefits that flow from visitation are be dictated through overly prescriptive support person of the patient’s rights, just as important—and sometimes even regulations. and to ensure this practice through the more so—for patients in hospices and Comment: Several commenters stated requirements of the conditions of nursing homes than for those in that written documentation of patient participation. We also continue to hospitals. Many commenters asserted representation in the form of legally believe that this regulation will address that the standards and rules for all valid advance directives, such as a very real problem that negatively facilities should be consistent. durable powers of attorney and impacts patient outcomes and that runs Response: While we agree that the healthcare proxies, (as opposed to oral contrary to our goal of safe and effective benefits of visitation go beyond hospital designation of the support person by the care for every patient, every time. and CAH patients, and we appreciate patient) should be required only in the Furthermore, we continue to believe the suggestions that this rule should very rarest of cases—such as when more that the flexible structure of these apply to other types of Medicare and than one person claims to be a patient’s requirements minimizes the cost impact Medicaid providers, such revisions spouse, domestic partner, or surrogate. of this final rule. would fall outside the scope of this rule. In all other cases, oral confirmation of Comment: Several commenters made We note that the current regulations for an individual acting as the support ambiguous statements that did not hospices (§ 418.52, § 418.100, and person should suffice. Commenters speak to either support for or § 418.110 in particular) and nursing suggested that a hospital or CAH may disagreement with the proposed rule. homes (§ 483.10(j)) already require not require documentation in a Response: While we believe that generous visitation privileges for all discriminatory manner. statements such as ‘‘Please come into the patients, and that these generous Response: In the preamble, we new millennium’’ may be in support of allowances minimize the need for new specifically asked for comments on how the proposed regulation, encouraging regulations at this time. We also believe to best identify those rare cases where CMS to adopt regulations that address that the short-term nature of ASC hospitals and CAHs should be permitted changing social norms and services, which must be less than 24 to ask for written documentation to contemporary situations, we were hours in duration, and the fact surgery establish the support person as such in unable to classify these comments as centers generally require each patient to order to allow the support person the such due to their ambiguous nature. be accompanied by a responsible adult right to designate visitors if the patient Nonetheless, we thank the commenters for discharge purposes, naturally is unable to do so. We appreciate the for expressing their thoughts on this minimize the need for open visitation comments offered on this issue. We proposed regulation and will make all regulations in ASCs. However, we will

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continue to consider modifying the ensures the right to designate a and implementing advance directives in requirements for these provider types in representative (for all purposes) for all a variety of circumstances, and focused the future to ensure consistent patients in all Medicare- and Medicaid- particular attention on the role of requirements and patient rights across participating hospitals. advance directives in establishing providers. Comment: Several commenters noted patient ‘‘representative’’ status. Each of these providers is required by suggestions to ensure that all patients Response: We appreciate the regulation to have an internal system to are able to designate a decision-maker, comments received in regard to advance handle patient grievances. If patients of have that designation respected, and directive issues. We refer readers to the these providers believe that their rights receive meaningful representation by statutory language at § 1866(f)(3) of the have been violated, they may file a that individual regardless of whether Act, which defines an advance directive complaint using their provider’s the State in which the patient is as ‘‘a written instruction, such as a internal grievance system. All patients hospitalized recognizes a formal legal living will or durable power of attorney may also file a complaint with the state relationship between the two persons. for health care, recognized under State survey agency and/or the agency that This would include hospitals’ law (whether statutory or as recognized accredits the provider (if applicable). obligations to provide patients with by the courts of the State) and relating Furthermore, Medicare beneficiaries designation forms. In urgent situations, to the provision of such care when the may file quality of care complaints with commenters suggested that patients individual is incapacitated.’’ All CMS the QIO in that state. We believe that have the right to orally designate a regulations related to advance these robust complaint options help representative for decision-making directives, including those advance assure that patient complaints are purposes. One commenter suggested directives that designate a patient’s documented, investigated, and resolved that CMS should create a model representative for health care decision in an appropriate manner. advance directive rule that States could making, are based on this statute which, use to revise their current legislation in turn, defers to State laws in all forms Informed Decisions and regulations related to advance to govern the establishment and The President’s Memorandum also directives. implementation of such documents. As directed the Secretary to ensure that Response: We thank commenters for such, CMS does not have the legal patients’ representatives have the right their suggestions regarding the authority to broadly preempt, through to make informed decisions regarding designation of a representative by a regulation or other administrative patients’ care. patient. With respect to designations in action, those State laws that relate to The hospital CoPs at 42 CFR advance directives, § 1866(f)(1) of the advance directives. 482.13(b)(2) state: ‘‘The patient or his or Act defers to State law (whether In regard to current CMS regulations her representative (as allowed under statutory or established by the courts) to related to advance directives, we note State law) has the right to make govern the establishment and that the provider agreement regulations informed decisions regarding his or her recognition of advance directives at § 489.102, referenced by § 482.13, care. The patient’s rights include being (which can be used by the patient to specify very limited instances in which informed of his or her health status, designate a representative). Thus, we do services or procedures specified in a being involved in care planning and not have the authority in this rule to State-recognized advance health care treatment, and being able to request or change this aspect of advance directives directive may be refused. Section refuse treatment. This right must not be policy. We believe, however, that an 489.102(c)(2) is limited to refusals to construed as a mechanism to demand advance directive remains a viable and provide services or procedures called the provision of treatment or services important option for those seeking to for in an advance health care directive, deemed medically unnecessary or document treatment preferences, as described in § 489.102(a)(1)(ii)(C), inappropriate.’’ informed decision-making regarding which refers specifically to ‘‘the range of We believe that the ability of a patient care, designation of a representative, medical conditions or procedures to designate a support person who can and designation of a support person affected by the conscience objection.’’ act on behalf of the patient is critical to (who may be the representative). And We believe that this narrow window the assurance of the patient’s health and we encourage hospitals to consider allowing for certain objections to the safety. Regardless of whether a patient advance directives established in other content of an advance directive would is incapacitated, the designation of a States as a viable source of information not allow a health care provider to support person, who is likely to be about patient preferences, including refuse to honor those portions of a State- especially familiar with the patient, visitation preferences. It is not within recognized advance directive that including his or her medical history, the scope of this regulation to draft designate an individual as the patient’s conditions, medications, and allergies, sample legislation that could guide State representative, support person, or health can serve as an invaluable asset to the laws and regulations on advance care decision-maker, since such patient and caregivers during the directives. designation is not a medical condition development and revision of the course Comment: Commenters expressed or procedure. of treatment and associated decision various concerns related to the current Comment: Some commenters noted a making. requirements for the establishment and variety of barriers that inhibit the In the proposed rule, we explained implementation of advance directives, establishment of an advance directive. that the requirement at § 482.13(b)(2) State requirements for designating a Such barriers include the cost was intended to ensure the patient’s patient’s representative for decision- associated with obtaining legal counsel right to designate a representative for making purposes, methods for to help establish an advance directive health care decision-making purposes. producing a copy of an existing advance that is legal in the patient’s State, a lack We solicited public comment on directive in a time of need (including of knowledge about the need for and whether, as a health and safety measure, the hospital’s role in obtaining a copy), benefits of an advance directive, an this requirement effectively addresses and the practicalities involved with overall cultural apathy towards advance any inappropriate barriers to a patient’s establishing advance directives. These care planning as indicated by the low ability to designate a representative for commenters highlighted the percentage of the population that has an visitation purposes, and consistently complexities of establishing, accessing, advance directive, and the

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disadvantages faced by non-English- III. Collection of Information notice of patient rights. The burden proficient individuals. Requirements associated with the notice of patient Response: In the proposed rule, we Under the Paperwork Reduction Act rights is currently approved under OMB solicited comment on whether the of 1995, we are required to provide 30- control number 0938–0328. We will be current requirement (at § 482.13(b)(2), day notice in the Federal Register and submitting a revision of the currently which is intended to ensure a patient’s solicit public comment before a approved information collection request right to designate a representative to collection of information requirement is to account for the following burden. make informed decisions about his or submitted to the Office of Management We estimate that 4,860 hospitals must her care) effectively addresses any and Budget (OMB) for review and comply with the aforementioned inappropriate barriers to a patient’s approval. In order to fairly evaluate information collection requirements. We ability to designate a representative, and whether an information collection further estimate that it will take each whether it consistently ensures the right should be approved by OMB, section hospital 0.25 hours to comply with the to designate a representative for all 3506(c)(2)(A) of the Paperwork requirement in proposed § 482.13(h). patients in all Medicare- and Medicaid- Reduction Act of 1995 requires that we The total estimated annual burden participating hospitals. We also stated solicit comment on the following issues: associated with this requirement is our intention to consider public • The need for the information 1,215 hours at a cost of $71,746. comments received in response to this collection and its usefulness in carrying B. ICRs Regarding Condition of request as we consider any revision to out the proper functions of our agency. Participation: Provision of Services • the current regulation that would The accuracy of our estimate of the (§ 485.635) eliminate any inappropriate restriction information collection burden. or limitation on a patient’s ability to • The quality, utility, and clarity of Section 485.635(f) requires a CAH to designate a representative that may be the information to be collected. have written policies and procedures permitted under the existing regulation. • Recommendations to minimize the regarding the visitation rights of patients, including any clinically In light of our direct solicitation of information collection burden on the affected public, including automated necessary or reasonable restriction or comments on this issue, we greatly limitation that the CAH may need to appreciate the comments offered here collection techniques. We solicited public comment on each place on such rights and the reasons for regarding various barriers that a patient the clinical restriction or limitation. may experience when attempting to of these issues for the following sections of this document that contain Specifically, the written policies and designate a representative for health procedures must contain the care decision-making purposes. We will information collection requirements (ICRs): information listed in § 485.635(f)(1) give due consideration to these through (f)(4). The burden associated comments when we contemplate future A. ICRs Regarding Condition of with this requirement is the time and rulemaking in this area of the CoPs. Participation: Patient’s Rights (§ 482.13) effort necessary for a CAH to develop Comment: Commenters observed that Section § 482.13(h) requires a hospital written policies and procedures with in addition to establishing an advance to have written policies and procedures respect to visitation rights of patients directive, patients, representatives, and regarding the visitation rights of and to distribute the information to the support persons must also be able to patients, including any clinically patients. produce the document in a time of necessary or reasonable restriction or We believe that most CAHs already urgent need. These commenters also limitation that the hospital may need to have established policies and observed that being able to do so may place on such rights and the reasons for procedures regarding visitation rights of be challenging and inconvenient for the clinical restriction or limitation. patients. These policies and procedures people, given the nature of urgent Specifically, the written policies and are most likely included as part of a medical situations. procedures must contain the CAH’s patient care policies as required Response: Urgent situations are, by information listed in § 482.13(h)(1) for CAHs under § 485.635. Therefore, nature, unplanned. As such, patients, through (h)(4). The burden associated we are adding a minimal amount of representatives, and support persons with this requirement is the time and additional burden hours to comply with may not have ready access to the effort necessary for a hospital to develop this requirement. We will be submitting necessary medical documentation at the written policies and procedures with a revision of the ICR currently approved time that the urgent situation occurs. In respect to visitation rights of patients under OMB control number 0938–1043 addition to keeping such documentation and to distribute that information to the to account for the burden associated in a readily accessible physical location, patients. with the requirements in § 485.635. we are aware of the existence of advance We believe that most hospitals We estimate that 1,314 CAHs must directive registries that store advance already have established policies and comply with the aforementioned directives and other legal documents in procedures regarding visitation rights of information collection requirements. We an electronic format that can be patients. Therefore, we are adding only further estimate that it will take each retrieved by individuals and health care a minimal amount of additional burden CAH 0.25 hours to comply with the facilities alike. Such document storage hours to comply with this requirement. requirement at § 482.13(h). The total and access facilities may be an Additionally, we believe that most estimated annual burden associated appropriate source of the proper hospitals include the visitation policies with this requirement is 329 hours at a documentation in urgent situations. and procedures as part of their standard cost of $19,398. TABLE 1—ANNUAL RECORDKEEPING AND REPORTING REQUIREMENTS

Hourly labor Total labor OMB control Burden per Total annual cost of cost of Total capital/ Total cost Regulation section(s) No. Respondents Responses response burden reporting reporting maintenance ($) (hours) (hours) ($) ($) costs ($)

§ 482.13 ...... 0938–0328 4,860 4,860 .25 1,215 59.05 71,746 0 71,746

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TABLE 1—ANNUAL RECORDKEEPING AND REPORTING REQUIREMENTS—Continued

Hourly labor Total labor OMB control Burden per Total annual cost of cost of Total capital/ Total cost Regulation section(s) No. Respondents Responses response burden reporting reporting maintenance ($) (hours) (hours) ($) ($) costs ($)

§ 485.635 ...... 0938–1034 1,314 1,314 .25 329 58.96 19,398 0 19,398

Total ...... 6,174 6,174 ...... 1,544 ...... 91,144

IV. Regulatory Impact Statement one-time cost related to the revisions of rights that would be provided to all We have examined the impact of this hospital and CAH policies and patients upon admission. We estimated proposed rule as required by Executive procedures as they relate to the the cost of production to be 2 cents per Order 12866 on Regulatory Planning requirements for patient visitation page. Therefore, the total estimated cost and Review (September 30, 1993), the rights. There will also be the one-time for all hospitals and CAHs to produce Regulatory Flexibility Act (RFA) cost of producing a printed page this one-page printed patient visitation (September 19, 1980, Pub. L. 96–354), detailing the patient visitation rights rights disclosure form and provide it to section 1102(b) of the Social Security that will be provided to patients upon all patients upon admission (based on Act, section 202 of the Unfunded admission. We have estimated the total the most recent hospital admission cost of revising the policies and figures) will be 37,529,270 total hospital Mandates Reform Act of 1995 (March × 22, 1995; Pub. L. 104–4), Executive procedures related to patient visitation patient admissions $0.02 = $750,585 Order 13132 on Federalism (August 4, rights as well as the total cost of for the first year. We will anticipate that 1999) and the Congressional Review Act producing a printed page detailing these this form would be incorporated into (5 U.S.C. 804(2)). rights that will be provided to hospital hospital and CAH admission materials Executive Order 12866 directs and CAH patients upon admission. No for subsequent years; therefore, we have agencies to assess all costs and benefits burden is being assessed on the no way to estimate the future costs to of available regulatory alternatives and, communication of these revisions to provide this form, but expect the costs if regulation is necessary, to select hospital and CAH staff or on the to be minimal once all hospitals and regulatory approaches that maximize distribution of the visitation rights to CAHs have incorporated this disclosure net benefits (including potential patients that will be required by this of patient visitation rights. In economic, environmental, public health rule, as these practices are usual and conclusion, the total first-year cost for and safety effects, distributive impacts, customary business practices. all hospitals and CAHs to meet the and equity). A regulatory impact CMS data, as of March 31, 2010, requirements of the patient visitation analysis (RIA) must be prepared for indicated that there were 4,860 rights will be $841,729. We believe that major rules with economically hospitals and 1,314 CAHs (for a total of the annual benefits of the rule, though significant effects ($100 million or more 6,174) in the United States. We prepared not susceptible to quantification, far in any 1 year). This rule does not reach the cost estimates for hospitals and exceed that amount. the $100 million economic threshold CAHs together since both types of The RFA requires agencies to analyze and therefore is not considered a major providers will be required to perform options for regulatory relief of small rule under the Congressional Review the same functions. Regarding the costs businesses. For purposes of the RFA, Act. of revising hospital and CAH policies small entities include small businesses, We believe that the benefits of this and procedures as related to the nonprofit organizations, and small rule will amply justify its relatively proposed patient visitation rights governmental jurisdictions. Most minimal costs. Executive Order 12866 requirements, this function will be hospitals and most other providers and explicitly requires agencies to consider performed by the hospital or CAH suppliers are small entities, either by non-quantifiable benefits, including administrator at an hourly salary nonprofit status or by having revenues ‘‘distributive impacts’’ and ‘‘equity,’’ and (including a 35 percent benefits) of of $7.0 million to $34.5 million in any the benefits of the final rule, in these $59.05 (based on wage estimates for a 1 year. Individuals and States are not terms, will be significant. In the words Medical and Health Services Manager in included in the definition of a small of Executive Order 12866, these benefits the May 2009 National, State, entity. We are not preparing an analysis are ‘‘difficult to quantify, but Metropolitan, and Nonmetropolitan for the RFA because the Secretary has nevertheless essential to consider.’’ Area Occupational Employment and determined that this rule will not have More specifically, the benefits of this Wage Estimates report from the Bureau a significant economic impact on a rule include: (1) Ensuring the protection of Labor Statistics) and that this substantial number of small entities. of a patient’s ability to designate who function will require approximately 15 In addition, section 1102(b) of the Act may and may not visit the patient; minutes of an administrator’s time to requires us to prepare a regulatory (2) broadening patient participation in accomplish. Therefore, the total one- impact analysis if a rule may have a the care received (a benefit that would time cost for all hospitals and CAHs significant impact on the operations of have, among other things, significant would be $59.05 × .25 hours × 6,174 a substantial number of small rural emotional benefits for many patients); total hospitals/CAHs = $91,144. hospitals. This analysis must conform to and The most recent CMS figures from the provisions of section 604 of the (3) creating a more patient-designated 2008 also indicate that there were RFA. For purposes of section 1102(b) of support system, with potentially large 37,529,270 total hospital (and CAH) the Act, we define a small rural hospital improvements in hospital and CAH patient admissions in that year. Using as a hospital that is located outside of experiences and health outcomes for that as an estimate, we then calculated a Metropolitan Statistical Area for patients. the total cost for hospitals and CAHs to Medicare payment regulations and has The cost of implementing these produce a one-page printed disclosure fewer than 100 beds. We are not changes will largely be limited to the form detailing the patient visitation preparing an analysis for section 1102(b)

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of the Act because the Secretary has Authority: Secs. 1102 and 1871 of the § 485.635 Condition of participation: determined that this rule will not have Social Security Act (42 U.S.C. 1302 and Provision of services. a significant impact on the operations of 1395(hh)). * * * * * ■ a substantial number of small rural 2. Section 482.13 is amended by (f) Standard: Patient visitation rights. hospitals. adding a new paragraph (h) to read as A CAH must have written policies and Section 202 of the Unfunded follows: procedures regarding the visitation Mandates Reform Act of 1995 also § 482.13 Condition of participation: rights of patients, including those requires that agencies assess anticipated Patient’s rights. setting forth any clinically necessary or costs and benefits before issuing any * * * * * reasonable restriction or limitation that rule whose mandates require spending (h) Standard: Patient visitation rights. the CAH may need to place on such in any 1 year of $100 million in 1995 A hospital must have written policies rights and the reasons for the clinical dollars, updated annually for inflation. and procedures regarding the visitation restriction or limitation. A CAH must In 2010, that threshold is approximately rights of patients, including those meet the following requirements: $135 million. This rule will have no setting forth any clinically necessary or consequential effect on State, local, or (1) Inform each patient (or support reasonable restriction or limitation that person, where appropriate) of his or her tribal governments in the aggregate or the hospital may need to place on such on the private sector. visitation rights, including any clinical rights and the reasons for the clinical restriction or limitation on such rights, Executive Order 13132 establishes restriction or limitation. A hospital must in advance of furnishing patient care certain requirements that an agency meet the following requirements: whenever possible. must meet when it promulgates a rule (1) Inform each patient (or support that imposes substantial direct person, where appropriate) of his or her (2) Inform each patient (or support requirement costs on State and local visitation rights, including any clinical person, where appropriate) of the right, governments, preempts State law, or restriction or limitation on such rights, subject to his or her consent, to receive otherwise has Federalism implications. when he or she is informed of his or her the visitors whom he or she designates, Because this regulation will not impose other rights under this section. including, but not limited to, a spouse, any substantial costs on State or local (2) Inform each patient (or support a domestic partner (including a same- governments, the requirements of person, where appropriate) of the right, sex domestic partner), another family Executive Order 13132 are not subject to his or her consent, to receive member, or a friend, and his or her right applicable. the visitors whom he or she designates, to withdraw or deny such consent at In accordance with the provisions of including, but not limited to, a spouse, any time. Executive Order 12866, this regulation a domestic partner (including a same- (3) Not restrict, limit, or otherwise was reviewed by the Office of sex domestic partner), another family deny visitation privileges on the basis of Management and Budget. member, or a friend, and his or her right race, color, national origin, religion, sex, to withdraw or deny such consent at gender identity, sexual orientation, or List of Subjects any time. disability. 42 CFR Part 482 (3) Not restrict, limit, or otherwise deny visitation privileges on the basis of (4) Ensure that all visitors enjoy full Grant programs—Health, Hospitals, race, color, national origin, religion, sex, and equal visitation privileges Medicaid, Medicare, Reporting and gender identity, sexual orientation, or consistent with patient preferences. recordkeeping requirements. disability. (Catalog of Federal Domestic Assistance 42 CFR Part 485 (4) Ensure that all visitors enjoy full Program No. 93.773, Medicare—Hospital and equal visitation privileges Insurance; and Program No. 93.774, Grant programs—Health, Health consistent with patient preferences. Medicare—Supplementary Medical facilities, Medicaid, Medicare, Insurance Program). (Catalog of Federal Reporting and recordkeeping PART 485—CONDITIONS OF Domestic Assistance Program No. 93.778, requirements. PARTICIPATION: SPECIALIZED Medical Assistance Program). ■ For the reasons set forth in the PROVIDERS Dated: October 21, 2010. preamble, the Centers for Medicare & ■ 3. The authority citation for Part 485 Donald M. Berwick, Medicaid Services amends 42 CFR continues to read as follows: Administrator, Centers for Medicare & chapter IV as set forth below: Medicaid Services. Authority: Secs. 1102 and 1871 of the Approved: November 15, 2010. PART 482—CONDITIONS OF Social Security Act (42 U.S.C. 1302 and 1395(hh)). Kathleen Sebelius, PARTICIPATION FOR HOSPITALS ■ 4. Section 485.635 is amended by Secretary. ■ 1. The authority citation for Part 482 adding a new paragraph (f) to read as [FR Doc. 2010–29194 Filed 11–17–10; 11:15 am] continues to read as follows: follows: BILLING CODE 4120–01–P

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Proposed Rules Federal Register Vol. 75, No. 223

Friday, November 19, 2010

This section of the FEDERAL REGISTER mail at pay-performance- employee who (1) is the spouse, son, contains notices to the public of the proposed [email protected]. daughter, parent, or next of kin (defined issuance of rules and regulations. The as the nearest blood relative) of a purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management (OPM) covered servicemember with a serious persons an opportunity to participate in the injury or illness, and (2) provides care rule making prior to the adoption of the final is issuing proposed regulations to rules. implement section 565(b)(1) of the for such servicemember. The legislation National Defense Authorization Act provided 26 weeks of FMLA leave (NDAA) for Fiscal Year (FY) 2010 (Pub. during a single 12-month period to care OFFICE OF PERSONNEL L. 111–84, October 28, 2009). Section for a servicemember who was injured in MANAGEMENT 565(b)(1) amended 5 U.S.C. 6382(a)(1) the line of duty while on active duty. by inserting a new subparagraph (E) that The legislation also provided a second 5 CFR Part 630 adds qualifying exigencies to the military family leave entitlement— circumstances or events that entitle qualifying exigency leave—to title I RIN 3206–AM11 Federal employees to up to 12 employees, but remained silent on this administrative workweeks of Family entitlement for title II employees. Absence and Leave; Qualifying Therefore, Federal employees were not Exigency Leave and Medical Leave Act (FMLA) unpaid leave during any 12-month period. The provided the authority to use qualifying AGENCY: U.S. Office of Personnel proposed regulations would amend exigency leave in the FY 2008 NDAA Management. OPM’s current regulations at part 630, legislation. DOL issued its final regulations on ACTION: Proposed rule. subpart L, to cover qualifying exigencies when the spouse, son, daughter, or November 17, 2008, (73 FR 67934) to SUMMARY: The U.S. Office of Personnel parent of the employee is on covered implement the military family leave Management is issuing proposed active duty in the Armed Forces or has entitlements in the FY 2008 NDAA, as regulations to implement an amendment been notified of an impending call or well as other changes that were part of to the Family and Medical Leave Act order to covered active duty. OPM a systemwide review of DOL’s FMLA (FMLA) that creates an additional proposes eight categories of qualifying regulations. Following DOL’s issuance qualifying reason for leave. Under this exigencies: short-notice deployments, of these regulations, OPM issued amendment, eligible Federal employees military events and related activities, proposed FMLA regulations on August may take up to 12 administrative childcare and school activities, financial 26, 2009, (74 FR 43064, at http:// workweeks of FMLA leave without pay and legal arrangements, counseling, rest edocket.access.gpo.gov/2009/pdf/E9- due to a qualifying exigency. Qualifying and recuperation, post-deployment 20610.pdf) concerning care for a exigencies arise out of the fact that a activities, and additional activities not covered servicemember. covered family member is on covered encompassed in the other categories FY 2010 NDAA. Before OPM could active duty in the Armed Forces or has when the agency and employee agree issue its final FMLA regulations been notified of an impending call or they qualify as exigencies, including the implementing leave to care for a covered order to covered active duty status. timing and duration of the leave. servicemember, section 565(b) of the FY These regulations would help 2010 NDAA made further changes to the employees manage family affairs when Background FMLA. In summary, the FY 2010 NDAA a family member is on covered active The FMLA is divided into two titles amendments (1) provide a new duty. that are governed by two different entitlement to qualifying exigency leave agencies; the Department of Labor (DOL) for Federal employees covered by DATES: Comments must be received on is responsible for the rules and OPM’s FMLA regulations parallel to the or before January 18, 2011. regulations for title I of the FMLA entitlement provided to employees ADDRESSES: You may submit comments, (mostly the non-Federal sector), and covered by DOL’s FMLA regulations, identified by RIN number ‘‘3206–AM11’’ OPM is responsible for the rules and and (2) expand the coverage for the 26- using either of the following methods: regulations for title II of the FMLA week entitlement for family members to Federal eRulemaking Portal: http:// (mostly Federal employees). Under title care for a covered servicemember www.regulations.gov. Follow the II of the FMLA (5 U.S.C. 6387), OPM is undergoing medical treatment, instructions for submitting comments. required to prescribe regulations that are recuperation, or therapy, for a serious All submissions received through the consistent, to the extent appropriate, injury or illness by amending the Portal must include the agency name with regulations prescribed by the definitions of covered servicemember and docket number or Regulation Secretary of Labor to carry out title I of and serious injury or illness. These Identifier Number (RIN) for this the FMLA. changes have a broad impact on the 26- rulemaking. FY 2008 NDAA. Section 585 of the week entitlement that requires changes Mail: Jerome D. Mikowicz, Deputy National Defense Authorization Act to DOL’s final FMLA regulations and Associate Director, Pay and Leave, U.S. (NDAA) for Fiscal Year (FY) 2008 (Pub. OPM’s proposed FMLA regulations. Office of Personnel Management, Room L. 110–181, January 28, 2008) amended OPM must wait for DOL to implement 7H31, 1900 E Street, NW., Washington, the FMLA provisions for both title I and proposed and final regulations on the DC 20415–8200. title II of the FMLA to provide a specific expanded FMLA coverage provisions FOR FURTHER INFORMATION CONTACT: military family leave entitlement before we can implement corresponding Doris Rippey by telephone at (202) 606– (referred to by OPM as ‘‘leave to care for regulations for the Federal Government. 2858; by fax at (202) 606–0824; or by e- a covered servicemember’’) for an However, the FY 2010 NDAA did not

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alter the qualifying exigency portion of 43064, included a definition of active qualifying exigencies for which eligible the FY 2008 NDAA for employees duty that was derived from DOL’s Federal employees may take up to 12 covered by title I of DOL’s regulations. definition based on the FY 2008 NDAA administrative workweeks of unpaid Therefore, it is possible for OPM to statutory definition. Because the FY FMLA leave during a 12-month period. issue proposed regulations 2010 NDAA replaced the definition of The qualifying exigencies fall under implementing the qualifying exigency active duty with covered active duty and eight categories: portion of the FY 2010 NDAA without this term is relevant to the qualifying Short-notice deployment. Employees having to wait for any further action on exigency entitlement, we are proposing may take qualifying exigency leave to the part of DOL. to add covered active duty to the address any issue that arises when a The military family leave definitions at 5 CFR 630.1202. covered military member receives notice amendments to the FY 2010 NDAA of an impending call or order to active were effective upon enactment (October Additions to the FMLA Definitions duty for 7 calendar days or fewer prior 28, 2009). Until OPM issues final In § 630.1202, we propose to add new to the date of deployment. Up to 7 regulations, agencies should follow definitions to our existing FMLA calendar days of leave may be taken OPM’s guidance in CPM 2010–06 on regulations for covered active duty or beginning on the date the member March 5, 2010, at http://www.chcoc.gov/ call to covered active duty status, receives the notice of a call or order to Transmittals/TransmittalDetails.aspx covered military member, and son or active duty. ?TransmittalId=2884. daughter on covered active duty or call Military events and related activities. to covered active duty status. Employees may take qualifying exigency DOL Regulations on Qualifying The definitions of son or daughter on leave to attend certain official Exigency Leave covered active duty or call to covered ceremonies, programs, or events The DOL regulations implementing active duty status and covered active sponsored by the military, as well as title I of the FMLA are set out at 29 CFR duty or call to covered active duty status family support and assistance programs part 825. The DOL provisions regarding mostly parallel the DOL regulations at and informational briefings sponsored qualifying exigency leave are prescribed 29 CFR 825.126. The new definitions or promoted by the military, military at §§ 825.100, 825.101, 825.112, reflect the changes authorized in the FY service organizations, or the American 825.126, 825.127, 825.200, 825.202, 2010 NDAA that provide additional Red Cross. These events and activities 825.203, 825.300, 825.302, 825.303, benefits to employees covered under must be related to the covered active 825.305, 825.309, and 825.313. both title I and title II. In summary, the duty or call to covered active duty status Supplementary information on the DOL coverage changed to add members of a of a covered military member. regulations regarding qualifying regular component of the Armed Forces Childcare and school activities. exigency leave may be found in the DOL on active duty or call to active duty Employees may take qualifying exigency proposed regulations published on when deployed to a foreign country and leave when the covered active duty or February 11, 2008, at 73 FR 7876 (http: members of reserve components on call to covered active duty status of a //edocket.access.gpo.gov/2008/pdf/E8- active duty or call to active duty during covered military member makes it 2062.pdf), and final regulations deployment to a foreign country in necessary for the employee to arrange published on November 17, 2008, at 73 support of a contingency operation. for alternative childcare; provide FR 67934 (http:// childcare on an urgent, immediate need edocket.access.gpo.gov/2008/pdf/E8- Amendment to FMLA Leave basis; enroll or transfer a child to a new 26577.pdf). (See in particular § 825.126 Entitlement school or daycare facility; or attend (Leave Because of a Qualifying Section 565(b) of the FY 2010 NDAA meetings with school or daycare Exigency) at 73 FR 67954.) To the extent amended the FMLA provisions at 5 officials regarding disciplinary appropriate, OPM is adopting the U.S.C. 6382(a)(1) by adding new measures, parent-teacher conferences, or qualifying exigency portion of the DOL subparagraph (E) to provide Federal meetings with school counselors. The regulations to apply to the Federal employees with an entitlement of up to child must be a biological, adopted, or workforce. 12 administrative workweeks of unpaid foster child, a stepchild, or a legal ward FMLA leave during any 12-month of a covered military member, or a child Exception to DOL Regulations period for any qualifying exigency for whom a covered military member OPM’s proposed regulations on arising out of the fact that the spouse or stands in loco parentis, who is either qualifying exigency leave are parallel to a son, daughter, or parent of the under age 18, or age 18 or older and DOL’s final FMLA regulations with only employee is on covered active duty (or incapable of self-care because of a minor adaptations to make them has been notified of an impending call mental or physical disability at the time applicable to Federal employees. The or order to covered active duty) in the that FMLA leave is to commence. one exception stems from a change to Armed Forces. Financial and legal arrangements. 5 U.S.C. 6381 made by the FY 2010 Therefore, we propose to amend our Employees may take qualifying exigency NDAA, which has not yet been regulations at § 630.1203(a) to add a leave for financial or legal matters incorporated into DOL’s FMLA new paragraph (5) that includes a related to the covered military member’s regulations. This change removes the qualifying exigency among the list of absence while on covered active duty or definition of active duty from the statute reasons for which an employee is call to covered active duty status. Under and adds a definition of covered active entitled to a total of 12 administrative this category, leave may be taken to duty. The new definition now covers workweeks of unpaid leave during any prepare and execute financial and duty of a servicemember who is 12-month period. healthcare powers of attorney, transfer deployed to a foreign country in either bank account signature authority, enroll a regular component or a reserve New Section To Cover Qualifying in the Defense Enrollment Eligibility component of the Armed Forces. (The Exigency Leave Reporting System, obtain military previous definition covered only We are adding a new § 630.1204, identification cards, prepare or update a members of reserve components.) which is similar to a new section added will or living trust, or for other financial OPM’s proposed regulations to the DOL regulations at 29 CFR and legal arrangements related to the published on August 26, 2009, at 74 FR 825.126. Proposed § 630.1204(a) lists the covered military member’s absence.

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Employees may also take leave under intermittently or on a reduced leave official, or a copy of a bill for services this category to act as the covered schedule basis, subject to the for the handling of legal or financial military member’s representative before notification requirements in § 630.1207 affairs. a Federal, State, or local agency for (formerly § 630.1206) and the (2) The approximate date on which purposes of obtaining, arranging, or certification requirements in new the qualifying exigency commenced or appealing military service benefits § 630.1209. will commence. while the covered military member is on Notice of leave. The proposed (3) If an employee requests leave covered active duty or call to covered regulations add a new paragraph (c) to because of a qualifying exigency for a active duty status or within 90 days § 630.1207 (formerly § 630.1206) that single, continuous period of time, the following the date of termination of requires an employee to notify his or her beginning and end dates for the absence. covered active duty status. agency of future qualifying exigency (4) If an employee requests leave Counseling. Employees may take leave needs, when foreseeable. The because of a qualifying exigency on an qualifying exigency leave for counseling employee must provide notice as soon intermittent or reduced leave schedule by someone other than a healthcare as practicable, regardless of how far in basis, an estimate of the frequency and provider, provided that the need for advance the leave is foreseeable. duration of the qualifying exigency. counseling arises from the covered Certification. The proposed (5) If the qualifying exigency involves active duty or call to covered active regulations add a new § 630.1209, meeting with a third party, appropriate duty status of a covered military ‘‘Certification for leave taken because of contact information for the individual or member. This counseling may be for the a qualifying exigency.’’ This section entity with whom the employee is employee, the covered military member, permits agencies to (1) require meeting (such as the name, title, or a child (as previously described employees to provide documentation of organization, address, telephone under ‘‘Childcare and school activities’’). the family member’s covered active duty number, fax number, and email address) Rest and recuperation. Employees status, (2) require certification of and a brief description of the purpose of may take up to 5 days of qualifying qualifying exigency leave use, and the meeting. exigency leave to spend time with a (3) verify certain information regarding Verification. The agency may not covered military member for each meetings, appointments, or active duty request additional information from the instance of short-term rest and status with third-party sources. employee if an employee submits a recuperation leave during the period of Active duty orders. The proposed complete and sufficient certification to deployment. regulations require an employee, upon support his or her request for leave Post-deployment activities. request from the agency, to provide a because of a qualifying exigency. Employees may take qualifying exigency copy of the covered military member’s However, if the qualifying exigency leave to attend arrival ceremonies, active duty orders or other involves meeting with a third party, the reintegration briefings and events, and documentation issued by the military agency may contact the individual or any other official ceremonies or that indicates that the covered military entity with whom the employee is programs sponsored by the military for member is on covered active duty or call meeting for purposes of verifying a a period of 90 days following the to covered active duty status and the meeting or appointment schedule and termination of the covered military dates of the covered military member’s the nature of the meeting between the member’s covered active duty. active duty service. This information employee and the specified individual Employees may also take leave under needs to be provided to the agency only or entity. The employee’s permission is this category to address issues that arise once. A copy of new active duty orders not required in order to verify meetings from the death of a covered military or other documentation issued by the or appointments with third parties, but member while on covered active duty military must be provided to the agency no additional information may be status, such as making funeral if the need for leave because of a requested by the agency. An agency also arrangements. qualifying exigency arises out of a may contact an appropriate unit of the Additional activities. Employees may different covered active duty or call to Department of Defense, without seeking take qualifying exigency leave to covered active duty status of the same the employee’s permission, to request address other events that arise from the or a different covered military member. verification that a covered military covered military member’s covered Required information. An agency may member is on covered active duty or call active duty or call to covered active require that leave for any qualifying to covered active duty status; however, duty status if both the agency and exigency specified in § 630.1204 be no additional information may be employee agree the leave qualifies as an supported by a certification from the requested. employee, which includes the following exigency and agree to the timing and Certification Form duration of the leave. information: (1) A statement or description, signed DOL has developed an optional form Additional Changes to FMLA by the employee, of appropriate facts (Form WH-384) for employees covered Regulations for Qualifying Exigency regarding the qualifying exigency for by DOL’s FMLA regulations to use in Leave which FMLA leave is requested. The obtaining a certification that meets the The proposed regulations make the facts must be sufficient to support the qualifying exigency certification following additional changes to the need for leave. Such facts should requirements. (See http://www.dol.gov/ FMLA provisions in subpart L of 5 CFR include information on the type of whd/forms/WH–384.pdf.) Form WH– part 630 to implement other FY 2010 qualifying exigency for which leave is 384 requests documentation to confirm NDAA amendments regarding use of requested and any available written that a covered servicemember’s active qualifying exigency leave and to documentation that supports the request duty (or call to active duty) is in support conform to DOL regulations: for leave. The documentation may of a contingency operation. However, Intermittent or reduced leave include, for example, a copy of a under the FY 2010 NDAA FMLA schedule. The proposed regulations meeting announcement for amendments, the active duty of a revise § 630.1205(b) (formerly informational briefings sponsored by the covered servicemember in a regular § 630.1204(b)) to clarify that employees military, a document confirming an component of the Armed Forces does may take qualifying exigency leave appointment with a counselor or school not need to be in support of a

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contingency operation for qualifying 3, 107 Stat. 23; and subpart M also issued militia into Federal service in the case exigency leave purposes. Until DOL under 5 U.S.C. 6391 and Pub. L. 102–25, 105 of insurrections and national updates Form WH–384, agencies that Stat. 92. emergencies. wish to use the form for their qualifying 2. In § 630.1202, add the definitions of Covered military member means the exigency certifications should provide ‘‘Covered active duty or call to covered employee’s spouse, son, daughter, or separate instructions regarding the active duty status,’’ ‘‘Covered military parent on covered active duty or call to active duty documentation requirements member,’’ and ‘‘Son or daughter on covered active duty status. for servicemembers in a regular covered active duty or call to covered * * * * * component of the Armed Forces. active duty status’’ alphabetically to read Son or daughter on covered active Agencies that do not wish to use Form as follows: duty or call to covered active duty status WH–384 may use another document means the employee’s biological, containing the same basic information. § 630.1202 Definitions. adopted, or foster child, stepchild, legal We welcome any comments on whether * * * * * ward, or a child for whom the employee an updated Form WH–384 would be Covered active duty or call to covered stood in loco parentis, who is on sufficient for qualifying exigency active duty status means— covered active duty or call to covered certifications by Federal agencies or (1) In the case of a member of a active duty status, and who is of any whether OPM should develop a similar regular component of the Armed Forces, age. optional form for this purpose. duty during the deployment of the * * * * * member with the Armed Forces to a 3. In § 630.1203, add a new paragraph Interaction with Basic FMLA foreign country under a call or order to (a)(5), revise the first sentence of All other provisions of OPM’s FMLA active duty (or notification of an paragraph (b), and revise the last regulations at subpart L of part 630 that impending call or order to active duty); sentence of paragraph (h) to read as apply to the leave entitlements under and follows: § 630.1203(a) will also apply to (2) In the case of a member of a qualifying exigency leave. reserve component of the Armed Forces, § 630.1203 Leave entitlement. duty during the deployment of the (a) * * * E.O. 12866, Regulatory Review member with the Armed Forces to a (5) Any qualifying exigency arising This rule has been reviewed by the foreign country under a call or order to out of the fact that the employee’s Office of Management and Budget in active duty (or notification of an spouse, son, daughter, or parent is a accordance with E.O. 12866. impending call or order to active duty) covered military member on covered in support of a contingency operation active duty (or has been notified of an Regulatory Flexibility Act pursuant to any of the following impending call or order to covered I certify that these regulations will not sections of title 10, United States Code, active duty) in the Armed Forces. have a significant economic impact on or any other provision of law during a (b) An employee must invoke his or a substantial number of small entities war or during a national emergency her entitlement to family and medical because they will apply only to Federal declared by the President or Congress: leave under paragraph (a) of this agencies and employees. (i) Section 688, which authorizes section, subject to the notification and List of Subjects in 5 CFR Part 630 ordering to active duty retired members medical certification requirements in of the Regular Armed Forces and §§ 630.1207 and 630.1208. * * * Government employees. members of the Retired Reserve retired * * * * * U.S. Office of Personnel Management. after 20 years for length of service, and (h) * * * An employee’s notice of his John Berry, members of the Fleet Reserve or Fleet or her intent to take leave under Director. Marine Corps Reserve; § 630.1207 may suffice as the Accordingly, OPM is proposing to (ii) Section 12301(a), which employee’s confirmation. amend 5 CFR part 630 as follows: authorizes ordering all reserve 4. Redesignate current §§ 630.1204 component members to active duty in through 630.1211 as §§ 630.1205 PART 630—ABSENCE AND LEAVE the case of war or national emergency through 630.1212, respectively, and add declared by Congress, or when a new § 630.1204 to read as follows: 1. The authority citation for part 630 otherwise authorized by law; continues to read as follows: (iii) Section 12302, which authorizes § 630.1204 Qualifying exigency leave. Authority: 5 U.S.C. 6311; 630.205 also ordering any unit or unassigned member (a) Eligible employees may take issued under Pub. L. 108–411, 118 Stat 2312; of the Ready Reserve to active duty in FMLA leave while the employee’s § 630.301 also issued under Pub. L. 103–356, time of national emergency declared by spouse, son, daughter, or parent (the 108 Stat. 3410 and Pub. L. 108–411, 118 Stat the President after January 1, 1953, or ‘‘covered military member’’) is on 2312; § 630.303 also issued under 5 U.S.C. covered active duty or call to covered 6133(a); §§ 630.306 and 630.308 also issued when otherwise authorized by law; under 5 U.S.C. 6304(d)(3), Pub. L. 102–484, (iv) Section 12304, which authorizes active duty status for one or more of the 106 Stat. 2722, and Pub. L. 103–337, 108 Stat. ordering any unit or unassigned member following qualifying exigencies: 2663; subpart D also issued under Pub. L. of the Selected Reserve and certain (1) Short-notice deployment. To 103–329, 108 Stat. 2423; § 630.501 and members of the Individual Ready address any issue that arises from the subpart F also issued under E.O. 11228, 30 Reserve to active duty; fact that a covered military member is FR 7739, 3 CFR, 1974 Comp., p. 163; subpart (v) Section 12305, which authorizes notified of an impending call or order to G also issued under 5 U.S.C. 6305; subpart the suspension of promotion, covered active duty seven or fewer H also issued under 5 U.S.C. 6326; subpart retirement, or separation rules for calendar days prior to the date of I also issued under 5 U.S.C. 6332, Pub. L. deployment. Leave taken for this 100–566, 102 Stat. 2834, and Pub. L. 103– certain Reserve components; 103, 107 Stat. 1022; subpart J also issued (vi) Section 12406, which authorizes purpose can be used for a period of up under 5 U.S.C. 6362, Pub. L. 100–566, and calling the National Guard into Federal to 7 calendar days beginning on the date Pub. L. 103–103; subpart K also issued under service in certain circumstances; or a covered military member is notified of Pub. L. 105–18, 111 Stat. 158; subpart L also (vii) Chapter 15, which authorizes an impending call or order to covered issued under 5 U.S.C. 6387 and Pub. L. 103– calling the National Guard and State active duty.

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(2) Military events and related preparing or updating a will or living the United States, Army Reserve, Navy activities. (i) To attend any official trust; and Reserve, Marine Corps Reserve, Air ceremony, program, or event sponsored (ii) To act as the covered military National Guard of the United States, Air by the military that is related to the member’s representative before a Force Reserve and Coast Guard covered active duty or call to covered Federal, State, or local agency for Reserve), or a retired member of the active duty status of a covered military purposes of obtaining, arranging, or Regular Armed Forces or Reserve. member; and appealing military service benefits (c) For those called to covered active (ii) To attend family support or while the covered military member is on duty status in support of a contingency assistance programs and informational covered active duty or call to covered operation— briefings sponsored or promoted by the active duty status, and for a period of 90 (1) A call to active duty for purposes military, military service organizations, days following the termination of the of leave taken because of a qualifying or the American Red Cross that are covered military member’s covered exigency refers to a Federal call to active related to the covered active duty or call active duty status. duty. State calls to active duty are not to covered active duty status of a (5) Counseling. To attend counseling covered unless under order of the covered military member. provided by someone other than a President of the United States pursuant (3) Childcare and school activities. health care provider for oneself, for the to one of the provisions of law (i) To arrange for alternative childcare covered military member, or for a child identified in paragraph (b) of this when the covered active duty or call to as defined in paragraph (a)(3)(v) of this section in support of a contingency covered active duty status of a covered section, provided that the need for operation. military member necessitates a change counseling arises from the covered (2) For such members, the active duty in the existing childcare arrangement for active duty or call to covered active orders of a covered military member a child; duty status of a covered military will generally specify whether the (ii) To provide childcare on an urgent, member. servicemember is serving in support of immediate need basis (but not on a (6) Rest and recuperation. To spend a contingency operation by citation to routine, regular, or everyday basis) time with a covered military member the relevant section of title 10 of the when the need to provide such care who is on short-term, temporary, rest United States Code or by reference to arises from the covered active duty or and recuperation leave during the the specific name of the contingency call to covered active duty status of a period of deployment. Eligible operation, or both. A military operation covered military member for a child; employees may take up to 5 days of qualifies as a contingency operation if it: (iii) To enroll in or transfer to a new leave for each instance of rest and (i) Is designated by the Secretary of school or day care facility a child, when recuperation. Defense as an operation in which enrollment or transfer is necessitated by (7) Post-deployment activities. (i) To members of the Armed Forces are or the covered active duty or call to attend arrival ceremonies, reintegration may become involved in military covered active duty status of a covered briefings and events, and any other actions, operations, or hostilities against military member; and official ceremony or program sponsored an enemy of the United States or against (iv) To attend meetings with staff at a by the military for a period of 90 days an opposing military force; or school or a daycare facility, such as following the termination of the covered (ii) Results in the call or order to, or meetings with school officials regarding military member’s covered active duty retention on, active duty of members of disciplinary measures, parent-teacher status; and the uniformed services under section conferences, or meetings with school (ii) To address issues that arise from 688, 12301(a), 12302, 12304, 12305, or counselors, for a child when such the death of a covered military member 12406, or chapter 15 of title 10 of the meetings are necessary due to while on covered active duty status, United States Code, or any other circumstances arising from the covered such as meeting and recovering the provision of law during a war or during active duty or call to covered active body of the covered military member a national emergency declared by the duty status of a covered military and making funeral arrangements. President or Congress. (See 10 U.S.C. member. (8) Additional activities. To address 101(a)(13).) (v) For purposes of paragraphs (a)(3)(i) other events which arise out of the 5. In newly designated § 630.1205, through (a)(3)(iv) of this section, ‘‘child’’ covered military member’s covered revise paragraph (b) and the last means a biological, adopted, or foster active duty or call to covered active sentence of paragraph (c) to read as child, a stepchild, or a legal ward of a duty status provided that the agency follows: covered military member, or a child for and employee agree that such leave whom a covered military member shall qualify as an exigency, and that § 630.1205 Intermittent leave or reduced stands in loco parentis, who is either they agree to both the timing and leave schedule. under age 18, or age 18 or older and duration of such leave. * * * * * incapable of self-care because of a (b) Employees are eligible to take (b) Leave under § 630.1203(a)(3) or (4) mental or physical disability at the time FMLA leave because of a qualifying may be taken intermittently or on a the FMLA leave is to commence exigency when the covered military reduced leave schedule when medically (4) Financial and legal arrangements. member is on covered active duty or call necessary, subject to §§ 630.1207 and (i) To make or update financial or legal to covered active duty status as a 630.1208(b)(6). Leave under arrangements to address the covered member of a regular component of the § 630.1203(a)(5) may be taken on an military member’s absence while on Armed Forces, or when the covered intermittent or reduced leave schedule covered active duty or call to covered military member is on covered active basis, subject to §§ 630.1207 and active duty status, such as preparing duty or call to covered active duty status 630.1209. and executing financial and healthcare in support of a contingency operation (c) * * * Upon returning from leave, powers of attorney, transferring bank pursuant to one of the provisions of law the employee shall be entitled to be account signature authority, enrolling in identified in the definition of covered returned to his or her permanent the Defense Enrollment Eligibility active duty or call to covered active duty position or an equivalent position, as Reporting System (DEERS), obtaining status as either a member of the reserve provided in § 630.1210(a) of this part. military identification cards, or components (Army National Guard of * * * * *

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6. In newly designated § 630.1207, facts must be sufficient to support the (h) * * * The same conditions for redesignate paragraphs (c) through (f) as need for leave. Such facts include the verifying the adequacy of a medical paragraphs (d) through (g), respectively, type of qualifying exigency for which certification in § 630.1208(c) shall apply and add a new paragraph (c) to read as leave is requested and any available to the medical certification to return to follows: written documentation that supports the work. No second or third opinion on the request for leave, such as a copy of a medical certification to return to work § 630.1207 Notice of leave. meeting announcement for may be required. An agency may not * * * * * informational briefings sponsored by the require a medical certification to return (c) If the need for leave taken under military, a document confirming an to work during the period the employee § 630.1203(a)(5) is foreseeable, the appointment with a counselor or school takes leave intermittently or under a employee must provide notice as soon official, or a copy of a bill for services reduced leave schedule under as practicable, regardless of how far in for the handling of legal or financial § 630.1205. advance such leave is being requested. affairs; * * * * * * * * * * (2) The approximate date on which (l) An employee who does not comply 7. In newly designated § 630.1208, the qualifying exigency commenced or with the notification requirements in revise paragraph (k) to read as follows: will commence; § 630.1207 and does not provide § 630.1208 Medical certification. (3) If an employee requests leave medical certification signed by the because of a qualifying exigency for a health care provider that includes all of * * * * * single, continuous period of time, the the information required in (k) To ensure the security and beginning and end dates for such § 630.1208(b) is not entitled to family confidentiality of any written medical absence; and medical leave. certification under §§ 630.1208 or (4) If an employee requests leave 10. In § 630.1213, revise paragraph 630.1210(h) of this part, the medical because of a qualifying exigency on an (b)(3) to read as follows: certification shall be subject to the intermittent or reduced leave schedule provisions for safeguarding information § 630.1213 Records and reports. basis, an estimate of the frequency and about individuals under subpart A or duration of the qualifying exigency; and * * * * * part 293 of this chapter. (b) * * * 8. Further redesignate newly (5) If the qualifying exigency involves (3) The number of hours of leave designated §§ 630.1209 through meeting with a third party, appropriate taken under § 630.1203(a), including 630.1212 as §§ 630.1210 through contact information for the individual or any paid leave substituted for leave 630.1213, respectively, and add new entity with whom the employee is without pay under § 630.1206(b); and § 630.1209 to read as follows: meeting (such as the name, title, organization, address, telephone * * * * * [FR Doc. 2010–29275 Filed 11–18–10; 8:45 am] § 630.1209 Certification for leave taken number, fax number, and email address) because of a qualifying exigency. and a brief description of the purpose of BILLING CODE 6325–39–P (a) Active duty orders. The first time the meeting. an employee requests leave because of (c) Verification. If an employee a qualifying exigency arising out of the submits a complete and sufficient DEPARTMENT OF AGRICULTURE covered active duty or call to covered certification to support his or her Federal Crop Insurance Corporation active duty status of a covered military request for leave because of a qualifying member, an agency may require the exigency, the agency may not request 7 CFR Part 457 employee to provide a copy of the additional information from the covered military member’s active duty employee. However, the agency may RIN 0563–AC27 orders or other documentation issued by verify the information described in the military which indicates that the paragraphs (c)(1) and (c)(2) of this Common Crop Insurance Regulations; covered military member is on covered section and does not need the Extra Long Staple Cotton Crop active duty or call to covered active employee’s permission to do so. Provisions duty status, and the dates of the covered (1) If the qualifying exigency involves AGENCY: Federal Crop Insurance military member’s active duty service. meeting with a third party, the agency Corporation, USDA. This information need only be provided may contact the individual or entity ACTION: Proposed rule with request for to the agency once. A copy of new with whom the employee is meeting for comments. active duty orders or other purposes of verifying a meeting or documentation issued by the military appointment schedule and the nature of SUMMARY: The Federal Crop Insurance must be provided to the agency if the the meeting between the employee and Corporation (FCIC) proposes to amend need for leave because of a qualifying the specified individual or entity. the Common Crop Insurance exigency arises out of a different (2) An agency may contact an Regulations, Extra Long Staple Cotton covered active duty or call to covered appropriate unit of the Department of Crop Insurance Provisions to remove all active duty status of the same or a Defense to request verification that a references to the Daily Spot Cotton different covered military member. covered military member is on covered Quotation and replace the reference (b) Required information. An agency active duty or call to covered active with the National Average Loan Rate may require that leave for any qualifying duty status. published by the Farm Service Agency exigency specified in § 630.1204 be 9. In newly designated § 630.1210, (FSA), to incorporate a current Special supported by a certification from the revise the last three sentences in Provisions statement into the Crop employee that sets forth the following paragraph (h) and all of paragraph (l) to Provisions, and to make the Extra Long information: read as follows: Staple Cotton Crop Insurance Provisions (1) A statement or description, signed consistent with the Upland Cotton Crop by the employee, of appropriate facts § 630.1210 Protection of employment and Insurance Provisions. The intended regarding the qualifying exigency for benefits. effect of this action is to provide policy which FMLA leave is requested. The * * * * * changes, to clarify existing policy

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provisions to better meet the needs of citizen access to Government Federal Assistance Program the producers, and to reduce information and services, and for other This program is listed in the Catalog vulnerability to program fraud, waste, purposes. of Federal Domestic Assistance under and abuse. The changes will apply for Unfunded Mandates Reform Act of No. 10.450. the 2012 and succeeding crop years. 1995 DATES: Written comments and opinions Executive Order 12372 on this proposed rule will be accepted Title II of the Unfunded Mandates This program is not subject to the until close of business January 18, 2011 Reform Act of 1995 (UMRA) establishes provisions of Executive Order 12372, and will be considered when the rule is requirements for Federal agencies to which require intergovernmental to be made final. assess the effects of their regulatory consultation with State and local actions on State, local, and tribal ADDRESSES: officials. See the Notice related to 7 CFR Interested persons are governments and the private sector. invited to submit written comments, part 3015, subpart V, published at 48 FR This rule contains no Federal mandates 29115, June 24, 1983. titled ‘‘Extra Long Staple Cotton Crop (under the regulatory provisions of title Provisions,’’ by any of the following II of the UMRA) for State, local, and Executive Order 12988 methods: • tribal governments or the private sector. This proposed rule has been reviewed By Mail to: Director, Product Therefore, this rule is not subject to the Administration and Standards Division, in accordance with Executive Order requirements of sections 202 and 205 of 12988 on civil justice reform. The Risk Management Agency, United States UMRA. Department of Agriculture, Beacon provisions of this rule will not have a Facility, Stop 0812, Room 421, P.O. Box Executive Order 13132 retroactive effect. The provisions of this rule will preempt State and local laws 419205, Kansas City, MO 64141–6205. It has been determined under section to the extent such State and local laws • By Express Mail to: Director, 1(a) of Executive Order 13132, are inconsistent herewith. With respect Product Administration and Standards Federalism, that this rule does not have to any direct action taken by FCIC or Division, Risk Management Agency, sufficient implications to warrant action by FCIC to require the insurance United States Department of consultation with the States. The provider to take specific action under Agriculture, Beacon Facility, Stop 0812, provisions contained in this rule will the terms of the crop insurance policy, 9240 Troost Avenue, Kansas City, MO not have a substantial direct effect on the administrative appeal provisions 64131–3055. States, or on the relationship between published at 7 CFR part 11 must be • E-mail: [email protected]. the national government and the States, • exhausted before any action against Federal eRulemaking Portal: http:// or on the distribution of power and FCIC for judicial review may be brought. www.regulations.gov. Follow the responsibilities among the various instructions for submitting comments. levels of government. Environmental Evaluation A copy of each response will be Regulatory Flexibility Act This action is not expected to have a available for public inspection and significant economic impact on the FCIC certifies that this regulation will copying from 7 a.m. to 4:30 p.m., CST, quality of the human environment, not have a significant economic impact Monday through Friday, except health, or safety. Therefore, neither an on a substantial number of small holidays, at the above address. Environmental Assessment nor an entities. Program requirements for the FOR FURTHER INFORMATION CONTACT: Environmental Impact Statement is Federal crop insurance program are the Claire White, Economist, Product needed. Management, Product Administration same for all producers regardless of the and Standards Division, Risk size of their farming operation. For Background Management Agency, at the Kansas City, instance, all producers are required to FCIC proposes to revise 7 CFR part MO, address listed above, telephone submit an application and acreage 457, Common Crop Insurance (816) 926–7730. report to establish their insurance Regulations, by revising § 457.105 (Extra SUPPLEMENTARY INFORMATION: guarantees and compute premium Long Staple Cotton Crop Insurance amounts, and all producers are required Provisions). Requests have been made Executive Order 12866 to submit a notice of loss and for changes to improve the coverage The Office of Management and Budget production information to determine the offered, address program integrity (OMB) has determined that this rule is amount of an indemnity payment in the issues, and simplify program non-significant for the purpose of event of an insured cause of crop loss. administration. The provisions will be Executive Order 12866 and, therefore, it Whether a producer has 10 acres or effective for the 2012 and succeeding has not been reviewed by OMB. 1000 acres, there is no difference in the crop years. kind of information collected. To ensure The proposed changes to § 457.105 Paperwork Reduction Act of 1995 crop insurance is available to small are as follows: Pursuant to the provisions of the entities, the Federal Crop Insurance Act 1. FCIC proposes to remove the Paperwork Reduction Act of 1995 (44 authorizes FCIC to waive collection of paragraph immediately preceding U.S.C. chapter 35), the collections of administrative fees from limited section 1 which refers to the order of information in this rule have been resource farmers. FCIC believes this priority in the event of a conflict. This approved by OMB under control waiver helps to ensure that small same information is contained in the number 0563–0053 through March 31, entities are given the same opportunities Basic Provisions. Therefore, it is 2012. as large entities to manage their risks duplicative and should be removed in through the use of crop insurance. A the Crop Provisions. E-Government Act Compliance Regulatory Flexibility Analysis has not 2. Section 10—FCIC proposes to FCIC is committed to complying with been prepared since this regulation does revise the format of section 10(d) to the E-Government Act of 2002, to not have an impact on small entities, make the provisions easier to read. promote the use of the Internet and and therefore, this regulation is exempt FCIC proposes to remove in section other information technologies to from the provisions of the Regulatory 10(d) all references to the Daily Spot provide increased opportunities for Flexibility Act (5 U.S.C. 605). Cotton Quotation and related language

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and replace it with a reference to the PART 457—COMMON CROP DEPARTMENT OF ENERGY Extra Long Staple Cotton National INSURANCE REGULATIONS Average Loan Rate determined by FSA. 10 CFR Part 431 1. The authority citation for 7 CFR The Daily Spot Cotton Quotation is a [Docket No. EERE–2010–BT–STD–0037] price published daily, whereas the Extra part 457 continues to read as follows: Long Staple Cotton National Average Authority: 7 U.S.C. 1506(1), 1506(o). RIN 1904–AC39 2. Amend § 457.105 as follows: Loan Rate is a price published annually. Energy Efficiency Program for Because the Daily Spot Cotton a. Amend the introductory text by Consumer Products: Public Meeting ‘‘ ’’ ‘‘ ’’ Quotation values change daily, this removing 1998 and adding 2012 in and Availability of the Framework method was time-consuming, its place; Document for Automatic Commercial cumbersome, and burdensome for b. Remove the undesignated Ice-Makers cotton producers and loss adjusters. For paragraph immediately preceding this reason, FCIC is proposing to utilize section 1. AGENCY: Office of Energy Efficiency and the Extra Long Staple Cotton National c. Amend section 10 by: Renewable Energy, Department of Average Loan Rate for quality i. Revising section 10(d); and Energy. adjustment purposes. This same change ii. Revising section 10(f). ACTION: Notice of public meeting and was made to the Upland Cotton Crop The revisions read as follows: availability of the framework document. Insurance Provisions beginning with the § 457.105 Extra long staple cotton crop SUMMARY: The U.S. Department of 2011 crop year. This change makes the insurance provisions. Extra Long Staple and Upland Cotton Energy (DOE) is initiating a rulemaking * * * * * Crop Provisions consistent. and data collection process to consider 10. Settlement of Claim. amended energy conservation standards FCIC also proposes to change the * * * * * for automatic commercial ice-makers. percentage of Price B from 75 percent to (d) Mature ELS cotton production DOE will hold a public meeting to 85 percent in sections 10(d) and may be adjusted for quality when discuss and receive comments on its 10(d)(3). This does not change the production has been damaged by planned analytical approach and issues existing terms of the policy because the insured causes. Such production to it will address in this rulemaking change was already implemented in the count will be reduced if Price A is less proceeding. DOE welcomes written Special Provisions. FCIC is proposing to than 85 percent of Price B. comments and relevant data from the move the provision to the Crop (1) Price B is defined as the Extra public on any subject within the scope Provisions because the change is being Long Staple Cotton National Average of this rulemaking. To inform interested implemented in all areas where ELS Loan Rate determined by FSA, or as parties and to facilitate this process, cotton is available. specified in the Special Provisions. DOE has prepared a framework FCIC proposes to remove in section (2) Price A is defined as the loan document that details the analytical 10(f) all references to the Daily Spot value per pound for the bale determined approach and identifies several issues Cotton Quotation and replace it with a in accordance with the FSA Schedule of on which DOE is particularly interested reference to the Upland Cotton National Premiums and Discounts for the in receiving comments. Average Loan Rate and the Extra Long applicable crop year, or as specified in DATES: DOE will hold a public meeting Staple Cotton National Average Loan the Special Provisions. on Thursday, December 16, 2010 from 9 Rate determined by FSA. FCIC also (3) If eligible for quality adjustment, a.m. to 4 p.m. in Washington, DC. proposes to remove the language the amount of production to be counted Additionally, DOE plans to conduct the regarding the price quotations contained will be determined by multiplying the public meeting via webinar. Registration in the Daily Spot Cotton Quotations number of pounds of such production information, participant instructions, published on the date the last bale from by the factor derived from dividing and information about the capabilities the unit is classed and the language Price A by 85 percent of Price B. available to webinar participants will be regarding price quotations being * * * * * published on the following Web site unavailable. The Daily Spot Cotton (f) Any AUP cotton harvested or https://www1.gotomeeting.com/register/ Quotation is a price published daily, appraised from acreage originally 782074929. Participants are responsible whereas the Extra Long Staple Cotton planted to ELS cotton in the same for ensuring that their systems are National Average Loan Rate is a price growing season will be reduced by the compatible with the webinar software. published annually. Therefore, it is not factor obtained by dividing the price per DOE must receive requests to speak at necessary to include information pound for AUP cotton by the price per the public meeting before 4 p.m., regarding specific dates upon which it pound for ELS cotton. The prices used Thursday, December 2, 2010. DOE must will be based. for AUP and ELS cotton will be receive an electronic copy of the calculated using the Upland Cotton statement with the name and, if List of Subjects in 7 CFR Part 457 National Average Loan Rate and the appropriate, the organization of the Extra Long Staple Cotton National presenter to be given at the public Crop insurance, Extra long staple meeting before 4 p.m., Thursday, cotton, Reporting and recordkeeping Average Loan Rate determined by FSA, or as specified in the Special Provisions. December 9, 2010. DOE will accept requirements. written comments, data, and * * * * * Proposed Rule information regarding the framework Signed in Washington, DC, on November document before and after the public Accordingly, as set forth in the 15, 2010. meeting, but no later than January 18, preamble, the Federal Crop Insurance William J. Murphy, 2011. Comments submitted after the Corporation proposes to amend 7 CFR Manager, Federal Crop Insurance above date may not be considered. DOE part 457 effective for the 2012 and Corporation. encourages all written comments, data, succeeding crop years to read as [FR Doc. 2010–29250 Filed 11–18–10; 8:45 am] and information to be submitted in follows: BILLING CODE 3410–08–P electronic form.

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ADDRESSES: The public meeting will be FOR FURTHER INFORMATION CONTACT: Mr. published, unless the Secretary held at the U.S. Department of Energy, Charles Llenza, U.S. Department of determines by rule that 3 years is Forrestal Building, Room 8E–089, 1000 Energy, Office of Energy Efficiency and inadequate, in which case the standard Independence Avenue, SW., Renewable Energy, Building shall apply to products manufactured Washington, DC 20585–0121. Please Technologies, EE–2J, 1000 on or after a date no later than 5 years note that foreign nationals planning to Independence Avenue, SW., after the date on which the final rule is participate in the public meeting are Washington, DC 20585–0121. published. Any new or amended subject to advance security screening Telephone: (202) 586–2192. E-mail: standard issued by the Secretary under procedures. If a foreign national wishes [email protected]. 42 U.S.C. 6313(d) shall be set at the to participate in the public meeting, Mr. Ari Altman, U.S. Department of maximum level that is technically please inform DOE of this fact as soon Energy, Office of the General Counsel, feasible and economically justified. This a possible by contacting Ms. Brenda GC–71, 1000 Independence Avenue, framework document is being published Edwards at (202) 586–2945 so that the SW., Washington, DC 20585–0121. as a first step toward meeting these necessary procedures can be completed. Telephone: (202) 287–6307. E-mail: statutory requirements. Interested parties are encouraged to [email protected]. The Energy Independence and submit comments electronically by the For information on how to submit or Security Act of 2007 (section 310 of following methods: review public comments and on how to EISA 2007; Pub. L. 110–140) requires • Federal eRulemaking Portal: http:// participate in the public meeting, quantification of standby and off mode www.regulations.gov. Follow the contact Ms. Brenda Edwards, U.S. energy consumption in energy instructions for submitting comments. Department of Energy, Office of Energy conservation standards for consumer • E-mail to the following address: Efficiency and Renewable Energy, products. (42 U.S.C. 6295) The section [email protected]. Building Technologies Program, EE–2J, which establishes energy conservation Include docket number EERE–2010–BT– 1000 Independence Avenue, SW., standards for commercial and industrial STD–0037 and/or RIN 1904–AC39 in Washington, DC 20585–0121. equipment, section 342, was not the subject line of the message. All Telephone (202) 586–2945. E-mail: similarly amended to include comments should clearly identify the [email protected]. requirements for addressing standby name, address, and, if appropriate, SUPPLEMENTARY INFORMATION: Title III, and off mode equipment. Therefore, organization of the commenter. Part C of the Energy Policy and standby and off modes will not be Alternatively, interested parties may Conservation Act of 1975 (EPCA), considered for automatic commercial submit comments by the following Public Law 94–163 (42 U.S.C. 6311– ice-makers. methods: To initiate this rulemaking process, • 6317, as codified), added by Public Law Mail: Ms. Brenda Edwards, U.S. 95–619, Title IV, § 441(a), established DOE has prepared a framework Department of Energy, Building the Energy Conservation Program for document to explain the relevant issues, Technologies Program, Mailstop EE–2J, Certain Industrial Equipment, a program analyses, and processes it anticipates Framework Document for Automatic covering certain industrial equipment, using to determine whether to amend Commercial Ice-Making Equipment, which includes the automatic the standards, as well as for the Docket No. EERE–2010–BT–STD–0037 commercial ice-makers that are the development of any amended standards. and/or RIN 1904–AC39, 1000 focus of this notice.1 The focus of the public meeting will be Independence Avenue, SW., Section 136(d) of the Energy Policy to discuss the analyses presented and Washington, DC 20585–0121. Please Act of 2005 (EPACT 2005), Public Law issues identified in the framework submit one signed paper original. document. At the public meeting, DOE • 109–58, amended EPCA to prescribe Hand Delivery/Courier: Ms. Brenda energy conservation standards for some will make presentations, invite Edwards, U.S. Department of Energy, automatic commercial ice-makers. (42 discussion on the rulemaking process as Building Technologies Program, Sixth U.S.C. 6313(d)(1)) A summary of these it applies to automatic commercial ice- Floor, 950 L’Enfant Plaza, SW., standards can be found in section 1.3 of making equipment, and solicit Washington, DC 20024. Please submit the framework document. The EPACT comments, data, and information from one signed paper original. 2005 amendments (42 U.S.C. 6313(d)(2)) participants and other interested parties. Docket: For access to the docket to also authorize DOE to issue standards DOE is planning to conduct in-depth read background documents, a copy of for types of automatic commercial ice technical analyses in the following the transcript of the public meeting, or makers that are not covered by 42 U.S.C. areas: (1) Engineering; (2) energy-use comments received, go to http:// 6313(d)(1). In addition, not later than characterization; (3) product price; (4) www.regulations.gov. Alternatively, January 1, 2015, with respect to the life-cycle cost and payback period; (5) interested parties may go to the U.S. standards at 42 U.S.C. 6313(d)(1), and national impact analysis; (6) Department of Energy, Resource Room not later than 5 years after the effective manufacturer impact analysis; (7) utility of the Building Technologies Program, date of any standards issued by DOE impact analysis; (8) employment impact Sixth Floor, 950 L’Enfant Plaza, SW., under 42 U.S.C. 6313(d)(2), DOE is to analysis; (9) environmental assessment; Washington, DC 20024, (202) 586–2945, issue a final rule to determine whether and (10) regulatory impact analysis. between 9 a.m. and 4 p.m., Monday amending the applicable standards is DOE will also conduct several other through Friday, except Federal holidays. technologically feasible and analyses that support those previously Please call Ms. Brenda Edwards first at economically justified. (42 U.S.C. listed, including the market and the above telephone number for 6313(d)(3)(A)) Any final rule issued by technology assessment, the screening additional information regarding the Secretary establishing a new or analysis (which contributes to the visiting the Resource Room. amended standard shall provide that the engineering analysis), and the A copy of the framework document new or amended standard applies to shipments analysis (which contributes and a link to the docket web page are products manufactured on or after the to the national impact analysis). available at: http:// date that is 3 years after the standard is DOE encourages those who wish to www1.eere.energy.gov/buildings/ participate in the public meeting to _ appliance standards/commercial/ 1 For editorial reasons, upon codification in the obtain the framework document and to automatic_ice_making_equipment.html. U.S. Code, Part C was re-designated Part A–1. be prepared to discuss its contents. A

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copy of the framework document is Issued in Washington, DC, on November 4, 9 a.m. and 5 p.m., Monday through available at: http:// 2010. Friday, except Federal holidays. www1.eere.energy.gov/buildings/ Cathy Zoi, • _ Fax: Fax comments to Docket appliance standards/commercial/ Assistant Secretary, Energy Efficiency and Operations at 202–493–2251. automatic_ice_making_equipment.html. Renewable Energy. Public meeting participants need not [FR Doc. 2010–29208 Filed 11–18–10; 8:45 am] For more information on the rulemaking process, see the limit their comments to the issues BILLING CODE 6450–01–P identified in the framework document. SUPPLEMENTARY INFORMATION section of DOE is also interested in comments on this document. other relevant issues that participants DEPARTMENT OF TRANSPORTATION Privacy: We will post all comments believe would affect energy we receive, without change, to http:// conservation standards for this Federal Aviation Administration www.regulations.gov, including any equipment, applicable test procedures, personal information you provide. or the preliminary determination of the 14 CFR Part 25 Using the search function of our docket scope of coverage. DOE invites all [Docket No. FAA–2010–0310; Notice No. 10– web site, anyone can find and read the interested parties, whether or not they 17] electronic form of all comments participate in the public meeting, to received into any of our dockets, submit in writing by January 18, 2011, RIN 2120–AJ72 including the name of the individual comments and information on matters Harmonization of Various sending the comment (or signing the addressed in the framework document Airworthiness Standards for Transport comment for an association, business, and on other matters relevant to DOE’s Category Airplanes—Flight Rules labor union, etc.). You may review consideration of amended standards for DOT’s complete Privacy Act Statement automatic commercial ice-makers. AGENCY: Federal Aviation in the Federal Register published on The public meeting will be conducted Administration (FAA), DOT. April 11, 2000 (65 FR 19477–78) or you in an informal, facilitated, conference ACTION: Notice of proposed rulemaking may visit http://DocketsInfo.dot.gov. style. There shall be no discussion of (NPRM). Docket: To read background proprietary information, costs or prices, documents or comments received, go to market shares, or other commercial SUMMARY: The FAA proposes to amend various airworthiness standards for http://www.regulations.gov at any time matters regulated by U.S. antitrust laws. and follow the online instructions for A court reporter will record the transport category airplanes. This action would harmonize the requirements for accessing the docket, or go to the Docket proceedings of the public meeting, after Operations in Room W12–140 of the which a transcript will be available for takeoff speeds, static lateral-directional stability, speed increase and recovery West Building Ground Floor at 1200 purchase from the court reporter and New Jersey Avenue, SE., Washington, placed on the DOE Web site at: http:// characteristics, and the stall warning DC, between 9 a.m. and 5 p.m., Monday www1.eere.energy.gov/buildings/ margin for the landing configuration in through Friday, except Federal holidays. appliance_standards/commercial/ icing conditions with the European automatic_ice_making_equipment.html. Aviation Safety Agency (EASA) FOR FURTHER INFORMATION CONTACT: For After the public meeting and the close certification standards. When airplanes technical questions concerning this of the comment period on the are type certificated to both sets of proposed rule contact Don Stimson, framework document, DOE will begin standards, differences between the FAA, Airplane & Flight Crew Interface conducting the analyses as discussed in standards can result in additional costs Branch, ANM–111, Transport Airplane the framework document and at the to manufacturers and operators. Directorate, Aircraft Certification public meeting, and reviewing the Adopting this proposal would Service, 1601 Lind Avenue, SW., public comments. harmonize regulatory differences for the Renton, WA 98057–3356; telephone DOE considers public participation to items noted above between United (425) 227–1129; facsimile (425) 227– be a very important part of the process States (U.S.) and EASA airworthiness 1149, e-mail [email protected]. standards. for determining whether to amend For legal questions about this energy conservation standards, as well DATES: Send your comments on or proposed rule, contact Doug Anderson, as for setting those amended standards. before February 17, 2011. FAA, Office of the Regional Counsel DOE actively encourages the ADDRESSES: You may send comments (ANM–7), 1601 Lind Avenue, SW., participation and interaction of the identified by Docket Number FAA– Renton, Washington 98057–3356; public during the comment period in 2010–0310 using any of the following telephone (425) 227–2166; facsimile each stage of the rulemaking process. methods: (425) 227–1007; e-mail Beginning with the framework • Federal eRulemaking Portal: Go to [email protected]. document, and during each subsequent http://www.regulations.gov and follow public meeting and comment period, the online instructions for sending your SUPPLEMENTARY INFORMATION: Later in interactions with and among members comments electronically. this preamble, under the Additional of the public provide a balanced • Mail: Send comments to Docket Information section, we discuss how discussion of the issues to assist DOE in Operations, M–30; U.S. Department of you can comment on this proposal and the standards rulemaking process. Transportation, 1200 New Jersey how we will handle your comments. Accordingly, anyone who wishes to Avenue, SE., Room W12–140, West Included in this discussion is related participate in the public meeting, Building Ground Floor, Washington, DC information about the docket, privacy, receive meeting materials, or be added 20590–0001. and the handling of proprietary or to the DOE mailing list to receive future • Hand Delivery or Courier: Take confidential business information. We notices and information about this comments to Docket Operations in also discuss how you can get a copy of rulemaking should contact Ms. Brenda Room W12–140 of the West Building this proposal and related rulemaking Edwards at (202) 586–2945, or via Ground Floor at 1200 New Jersey documents. Appendix 1 of this NPRM e-mail at [email protected]. Avenue, SE., Washington, DC, between defines terms used in this proposal.

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Authority for This Rulemaking part 25 in a similar manner. The needed more time and aviation industry The FAA’s authority to issue rules on proposals are not expected to be participation to fully address the safety aviation safety is found in Title 49 of the controversial and should reduce costs to concern expressed in this comment. We United States Code. Subtitle I, Section industry without adversely affecting were concerned that adopting the 106 describes the authority of the FAA safety. In developing these proposals, changes proposed by the commenter Administrator. Subtitle VII, Aviation ARAC and the FAA considered the would introduce significant regulatory Programs, describes in more detail the following factors: differences from EASA’s airworthiness a. Underlying safety issues addressed scope of the agency’s authority. certification requirements, and by current standards; This rulemaking is promulgated potentially add significant costs (as an b. Differences between part 25 and under the authority described in initial cost estimate indicated). Further, CS–25 standards; it was unclear whether the proposed Subtitle VII, part A, subpart III, section c. Differences between part 25 and ‘‘ ’’ changes would completely resolve the 44701, General requirements. Under CS–25 means of compliance; that section, the FAA is charged with potential safety issue. e. Effect of the proposed standard on The commenter made the same promoting safe flight of civil aircraft in current industry practice; air commerce by prescribing regulations comment to EASA during the public f. Whether FAA advisory material comment period for the rulemaking that and minimum standards for the design exists and/or needs amendment; and and performance of aircraft that the became Amendment 3 to CS–25, which g. The costs and benefits of each corresponds to Amendment 25–121 of Administrator finds necessary for safety proposal. in air commerce. This regulation is 14 CFR. EASA deferred addressing the The complete analyses for the proposed comment until its Notice of Proposed within the scope of that authority. It changes made in response to ARAC prescribes new safety standards for the Amendment 2008–05, dated April 10, recommendations can be found in the 2008. EASA did not receive any design and operation of transport ARAC recommendation reports. We category airplanes. opposing comments from the public and have placed the reports in the docket for adopted the rule change in Amendment Background this rulemaking. 6 to CS–25, issued July 6, 2009. The The appendix of this preamble Part 25 of Title 14 of the Code of FAA proposes to amend § 25.21(g) in contains a glossary of airspeed terms the same manner. Federal Regulations (14 CFR) prescribes and definitions to help the reader airworthiness standards for type understand the rulemaking proposals. Discussion of the Proposed Regulatory certification of transport category Requirements airplanes for products certified in the Proposals From ARAC United States. EASA’s Certification Recommendations Proof of Compliance—§ 25.21(g)(1) Specifications for Large Aeroplanes The following proposals result from Section 25.21(g)(1) specifies which (CS–25) prescribe the corresponding ARAC recommendations made to the subpart B requirements must be met in airworthiness standards for products FAA and EASA: icing conditions and the ice accretions certified in Europe by the European (1) Amend § 25.107(e)(1)(iv), selection that must be used to show compliance. Aviation Safety Agency. While part 25 of the takeoff rotation speed; The current rule does not require the and CS–25 are similar, they differ in (2) Amend § 25.177, static lateral- stall warning margin requirements of several respects. directional stability; and § 25.207(c) and (d) to be met in icing The FAA tasked the Aviation (3) Amend § 25.253, roll capability conditions. The proposed rule would Rulemaking Advisory Committee and extension of speedbrakes at high require that these stall warning margin (ARAC) through its Flight Test speeds. requirements be met in icing conditions Harmonization Working Group to EASA’s rulemaking action in response for the landing configuration. This review existing regulations and to these recommendations was included proposed change would harmonize our recommend changes that would in the original issuance of CS–25, standards with CS 25.21(g)(1), except for eliminate differences between the U.S. effective October 17, 2003. The adopted one minor difference regarding and European performance and CS–25 requirements differ somewhat seaplanes and amphibians. This is handling characteristics standards by from the ARAC recommendations due because part 25 contains requirements harmonizing to the higher standards. to public comments received during the for seaplanes and amphibians, and CS– This proposed rule is a result of this rulemaking process and because EASA 25 does not. harmonization effort. disagreed with some portions of ARAC’s Takeoff Speeds—§ 25.107(e)(1)(iv) recommendations. General Discussion of the Proposal This requirement ensures that the Three of the four changes to the part A Proposal From a Commenter scheduled takeoff speeds provide a 25 airworthiness requirements proposed The sole proposal that did not result minimum liftoff speed (VLOF) greater in this rulemaking respond to ARAC from an ARAC recommendation is to than the minimum safe flyaway speed recommendations and EASA’s actions amend § 25.21(g)(1) to add stall warning (VMU). The VMU is the lowest speed at in response to those recommendations. requirements that must be met in the which an applicant demonstrates that The fourth proposed change (pertaining landing configuration for flight in icing no hazardous characteristics are present, to the stall warning margin for the conditions. This proposal originates such as a relatively high drag condition landing configuration in icing from a comment that this requirement or a stall. This rule prescribes a conditions) responds to an action taken should be added, which was made minimum speed margin between VLOF by EASA regarding a comment made during the public comment period of and VMU to ensure a safe takeoff speed, during the public comment period of the rulemaking that led to adoption of while taking likely in-service variations the harmonized rulemaking that led to Amendment 25–121, Airplane in takeoff technique into consideration. adoption of Amendment 25–121 and Performance and Handling Qualities in The FAA proposes to allow reduction Amendment 3 of CS–25. Icing Conditions. of both the all-engines-operating and The FAA agrees with the actions In the preamble to that rulemaking (72 one-engine-inoperative speed margins taken by EASA and proposes to amend FR 44665), the FAA stated that we between VMU and VLOF for airplanes for

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which the minimum liftoff speed is rudder control or uses a force of 180 met. Because the proposed § 25.177(d) limited by the geometry of the airplane pounds on the rudder control at the requirements only apply to the (i.e., ground contact of the tail of the conditions specified in the rule. operational speed range (e.g., VMO/MMO) airframe with the runway as the nose 3. Specify that the requirements in and need not be met at VFC/MFC, the lifts off). This limiting condition § 25.177(c) must be met for the reference to § 25.177 in § 25.253(b) and provides protection against early or configurations and speeds specified in (c) would be revised to refer only to over-rotation beyond the safe liftoff § 25.177(a). This proposal would not § 25.177(a) through (c). pitch attitude at or near VMU such that change the applicable conditions from These proposed changes would the prescribed minimum speed margin those applied in practice under the harmonize the static lateral-directional can be reduced without reducing the current § 25.177(c). stability requirements with the level of safety. In the past, the FAA has 4. Move the current § 25.177(c) corresponding CS–25 requirements and allowed reduction of this speed margin requirement that applies to sideslip update references to these requirements for geometry-limited airplanes for the angles greater than those considered in other sections of part 25. all-engines-operating condition using appropriate for normal operation of the findings of equivalent safety. The airplane (i.e., up to full rudder control High-Speed Characteristics—§ 25.253 proposed standard would codify this input) to a proposed new § 25.177(d). This requirement assures that the practice and extend its application to The conditions for which this airplane has safe recovery the one-engine-inoperative condition. requirement must be met would include characteristics at speeds beyond the This proposed change would harmonize all of the approved landing gear and flap maximum operating limit speed (VMO/ this takeoff speed requirement with CS positions for the range of operating MMO) up to the maximum demonstrated 25.107(e)(1)(iv). speeds and power conditions flight diving speed (VDF/MDF). We appropriate to each landing gear and propose to add requirements that (1) Static Lateral-Directional Stability— flap position with all engines operating. there must be adequate roll capability to § 25.177 Relative to the current § 25.177(c), this assure a prompt recovery from a lateral This requirement ensures that proposal would reduce the range of upset condition and (2) speedbrake transport category airplanes have basic speeds and power settings for which the extension at high speed must not result lateral and directional stability, requirement applies. The reduced speed in an excessive positive load factor proportionality between aileron and ranges specified in the proposed when the pilot does act to counteract rudder control movements and forces (at § 25.177(d) are intended to reduce the the effects of the extension. The least within the sideslip angles flight test safety risk as well as to speedbrake extension at high speed also appropriate to the operation of the harmonize and standardize current must not cause buffeting that would airplane), and freedom from fin stall or practices. impair the pilot’s ability to read the rudder overbalance. The full rudder 5. Add text to the new § 25.177(d) instruments or cause a nose-down sideslip requirements of § 25.177(c) are stating that compliance with this pitching moment, unless that pitching primarily intended to investigate the requirement must be shown using moment is small. potential for a loss of directional straight, steady sideslips, unless full The proposed revision would stability or fin stall (as indicated by a lateral control input is achieved before harmonize our high-speed decrease in the rudder deflection reaching either the rudder control input characteristics requirements with CS needed for increased angles of sideslip) or force limit. A straight, steady sideslip 25.253. and rudder overbalance or locking (as need not be maintained beyond the indicated by a reversal in the rudder lateral control limit. This change further Advisory Material pedal force). clarifies the intent of the requirement The FAA is revising AC 25–7 to The proposed revision to § 25.177(a) regarding the capability required incorporate guidance on how to comply and (b) would reinstate the standards beyond the sideslip angles considered with the proposed harmonized that existed prior to Amendment 25–72 appropriate for operations. For airplanes standards. The draft AC is posted on the that treat the specific lateral and lacking sufficient aileron control power FAA’s draft document Web site at directional stability requirements as to maintain a steady heading with full http://www.faa.gov/aircraft/draft_docs/. separate entities. rudder input, any flight test The proposed revisions to § 25.177(c) demonstration would be continued to Paperwork Reduction Act are as follows: full rudder input even though a steady The Paperwork Reduction Act of 1995 1. Divide the existing paragraph into heading could not be maintained. This (44 U.S.C. 3507(d)) requires that the two separate paragraphs. The proposed situation has caused difficulties in the FAA consider the impact of paperwork § 25.177(c) would address the basic past because the current rule wording is and other information collection lateral and directional stability, while a ambiguous regarding the conduct of the burdens imposed on the public. The new paragraph (d) would be introduced full rudder sideslips. This proposal FAA has determined that there would to address full rudder sideslips. The would codify the FAA interpretation be no new requirement for information existing paragraph (d) would be provided in the preamble to collection associated with this proposed removed as its provisions would be Amendment 25–72, Special Review: rule. covered by the reinstated § 25.177(b). Transport Category Airplane 2. Revise § 25.177(c) to require that Airworthiness Standards (55 FR 29756). International Compatibility proportionality criteria must also be met Also, § 25.253(b) and (c) would be In keeping with U.S. obligations at the sideslip angles obtained with one- revised to reference only § 25.177 (a) under the Convention on International half of the available rudder control (i.e., through (c), rather than the entire Civil Aviation, it is FAA policy to rudder pedal input). This change would § 25.177, to be consistent with the conform to International Civil Aviation impose a minimum lateral control proposed reduced speed range over Organization (ICAO) Standards and power requirement such that the which § 25.177(d) applies. The current Recommended Practices to the airplane must be capable of maintaining § 25.253 (b) and (c) specify that VFC/MFC maximum extent practicable. The FAA a straight, steady, sideslip when the is the maximum speed for which the has reviewed the corresponding ICAO pilot puts in one-half of the available requirements of all of § 25.177 must be Standards and Recommended Practices

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and has identified no differences with would simply adopt the same § 25.107(e)(1)(iv) with CS these proposed regulations. requirements, the manufacturers would 25.107(e)(1)(iv). incur no additional costs. The proposed Additional benefits would result Regulatory Evaluation, Regulatory rule would provide benefits from because the proposed amendment is a Flexibility Determination, International reduced joint certification costs from the less stringent requirement, which would Trade Impact Assessment, and reduce the required minimum takeoff Unfunded Mandates Assessment harmonization itself, and for the parts of the rule harmonizing with less stringent speed of geometry-limited (viz., tail Changes to Federal regulations must EASA requirements; manufacturers can contact with the runway) airplanes. As undergo several economic analyses. expect additional benefits inherent in discussed in the preamble above, since First, Executive Order 12866 directs that the reduced stringency. The FAA the minimum takeoff speed is, in part, each Federal agency shall propose or therefore has determined that this intended to reduce the probability of an adopt a regulation only upon a reasoned proposed rule would have no costs and airplane reaching a takeoff pitch attitude determination that the benefits of the positive benefits and does not warrant a beyond that shown to be safe, the intended regulation justify its costs. full regulatory evaluation. The FAA additional protection against such a Second, the Regulatory Flexibility Act requests comments regarding this condition inherent in a geometry- of 1980 (Pub. L. 96–354) requires determination. We discuss the basis for limited airplane allows the minimum agencies to analyze the economic our findings below. takeoff speed to be safely reduced. The impact of regulatory changes on small less stringent requirement implies The FAA has also determined that entities. Third, the Trade Agreements higher takeoff weights, increases in this proposed rule is not a ‘‘significant Act (Pub. L. 96–39) prohibits agencies payload, and shorter takeoff distances regulatory action’’ as defined in section from setting standards that create for geometry-limited airplanes. These 3(f) of Executive Order 12866, and is not unnecessary obstacles to the foreign are operator benefits, some of which ‘‘significant’’ as defined in DOT’s commerce of the United States. In will accrue to part 25 manufacturers by Regulatory Policies and Procedures. developing U.S. standards, this Trade increasing airplane value. Act requires agencies to consider Costs and Benefits of This Rulemaking As this proposed amendment is international standards and, where relieving, there would be no increase in appropriate, that they be the basis of Cost and Benefits of Proposed costs. U.S. standards. Fourth, the Unfunded Amendment to § 25.21(g)(1) Costs and Benefits of Proposed Mandates Reform Act of 1995 (Pub. L. We are proposing to adopt an EASA Amendment to § 25.177 104–4) requires agencies to prepare a requirement that has no counterpart in Section 25.177(a) and (b) (requiring written assessment of the costs, benefits, the current CFR. Manufacturer separate directional and lateral stability and other effects of proposed or final compliance with the EASA requirement assessments) were removed by rules that include a Federal mandate would increase the safety of their Amendment 25–72, published in the likely to result in the expenditure by airplanes. Since the manufacturers Federal Register (55 FR 29756), July 20, State, local, or tribal governments, in the intend to comply with the EASA 1990. The FAA considered them aggregate, or by the private sector, of requirement, however, there would be unnecessary since directional and $100 million or more annually (adjusted no additional safety benefits from for inflation with base year of 1995). lateral stability could be determined compliance with the proposed using an ‘‘alternative test’’ based on data This portion of the preamble harmonizing amendment. Nevertheless, summarizes the FAA’s analysis of the obtained in showing compliance with it is beneficial to make the FAA’s § 25.177(c). EASA’s retention of CS economic impact of the proposed rule. compliance requirement identical to Department of Transportation Order 25.177(a) and (b), however, allows EASA’s requirement in order to avoid DOT 2100.5 prescribes policies and manufacturers to use the ‘‘basic test’’ confusion and make clear that the safety procedures for simplification, analysis, outlined by CS 25.177(a) and (b). implications of the proposed and review of regulations. If the Reinstatement of § 25.177(a) and (b) § 25.21(g)(1) and CS 25.21(g)(1) are expected cost impact is so minimal that would lower certification costs for a proposed or final rule does not identical. manufacturers preferring instead to use warrant a full evaluation, this order As we are proposing to adopt an the ‘‘basic test.’’ Part 25 manufacturers permits that a statement to that effect EASA requirement that has no preferring to satisfy the stability and the basis for it be included in the counterpart in the current CFR, there requirements with the ‘‘alternative test’’ preamble if a full regulatory evaluation can be no reduction in certification of § 25.177(c) would face no increase in of the costs and benefits is not prepared. costs—in the requirements for data cost since they could still use that test. Such a determination has been made for collection and analysis, paperwork, and In any case, since manufacturers intend this proposed rule. time spent applying for and obtaining to comply with CS 25.177(a) and (b), The reasoning for this determination approval from the regulatory authorities. they would incur no additional costs follows: The proposed rule would Rather, manufacturers would face some from complying with the proposed amend §§ 25.21(g)(1), 25.107(e)(1)(iv), increase in certification costs to comply harmonizing amendment regardless of 25.177, and 25.253 to harmonize with with the EASA requirement. Since the the cost situation. EASA requirements already in CS–25. A manufacturers intend to comply with Compared to the current § 25.177(c) review of current practice of U.S. the EASA requirement, however, they and (d), CS 25.177(c) and (d) have both manufacturers of transport category would incur no additional costs to more stringent and less stringent airplanes has revealed the comply with the proposed FAA requirements. As discussed in the manufacturers intend to fully comply harmonizing amendment. preamble above, the less stringent with the EASA standards (or are already Costs and Benefits of Proposed requirement would increase the safety complying) as a means of obtaining joint Amendment to § 25.107(e)(1)(iv) of flight tests without reducing test certification. Since future certificated validity. Compliance with the more transport category airplanes are Manufacturers would benefit as a stringent requirement would entail expected to meet the existing CS–25 result of reduced certification costs from some certification costs and reduce requirements and this proposed rule the harmonization of proposed payload-carrying capability under

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certain conditions. Since the Regulatory Flexibility Determination legitimate domestic objective, such the manufacturers intend to comply with The Regulatory Flexibility Act of 1980 protection of safety, and does not CS 25.177(c) and (d), however, they (Pub. L. 96–354) (RFA) establishes ‘‘as a operate in a manner that excludes would incur no additional costs to principle of regulatory issuance that imports that meet this objective. The comply with the proposed harmonizing agencies shall endeavor, consistent with statute also requires consideration of amendment. the objectives of the rule and of international standards and, where appropriate, that they be the basis for Costs and Benefits of Proposed applicable statutes, to fit regulatory and U.S. standards. The FAA has assessed Amendment to § 25.253 informational requirements to the scale of the businesses, organizations, and the potential effect of this proposed rule Manufacturers would benefit as a governmental jurisdictions subject to and determined that it would promote result of reduced certification costs from regulation. To achieve this principle, international trade by harmonizing with the harmonization of § 25.253 with CS agencies are required to solicit and corresponding EASA regulations thus 25.253. The compliance of the consider flexible regulatory proposals reducing the cost of joint certification. manufacturers with the more stringent and to explain the rationale for their Unfunded Mandates Assessment EASA requirements would also increase actions to assure that such proposals are Title II of the Unfunded Mandates the safety of their airplanes. Since the ’’ given serious consideration. The RFA Reform Act of 1995 (Pub. L. 104–4) manufacturers intend to comply with covers a wide-range of small entities, the EASA requirements, however, there requires each Federal agency to prepare including small businesses, not-for- a written statement assessing the effects would be no additional safety benefits profit organizations, and small from compliance with the proposed of any Federal mandate in a proposed or governmental jurisdictions. final agency rule that may result in an FAA harmonizing amendment. Agencies must perform a review to expenditure of $100 million or more (in Part 25 manufacturers would face determine whether a rule will have a 1995 dollars) in any one year by State, additional certification costs, especially significant economic impact on a local, and tribal governments, in the additional flight testing costs, to meet substantial number of small entities. If aggregate, or by the private sector; such the EASA requirements. Since the the agency determines that it will, the a mandate is deemed to be a ‘‘significant manufacturers intend to comply with agency must prepare a regulatory regulatory action.’’ The FAA currently the EASA requirements, however, they flexibility analysis as described in the uses an inflation-adjusted value of would incur no additional costs to RFA. However, if an agency determines $136.1 million in lieu of $100 million. comply with the proposed FAA that a rule is not expected to have a harmonizing amendment. This proposed rule does not contain significant economic impact on a such a mandate. The requirements of Summary of Costs and Benefits substantial number of small entities, Title II do not apply. section 605(b) of the RFA provides that The benefits of an FAA rule the head of the agency may so certify Executive Order 13132, Federalism harmonizing with a more stringent and a regulatory flexibility analysis is The FAA has analyzed this proposed EASA rule necessarily flow from not required. The certification must rule and the principles and criteria of reduced certification costs brought include a statement providing the Executive Order 13132, Federalism. We about by the harmonization itself. Just factual basis for this determination, and determined that this action would not as any costs are attributable to the reasoning should be clear. have a substantial direct effect on the complying with the existing EASA rule, As noted above, this proposed rule States, on the relationship between the so too are any benefits from increased would not entail any additional costs to national government and the States, or safety. Accordingly, the benefits of the part 25 manufacturers as they are on the distribution of power and more stringent §§ 25.21(g)(1), 25.253, already in compliance, or intend to fully responsibilities among the various 25.177(a) and (b), and the more stringent comply, with more stringent EASA levels of government and therefore, parts of § 25.177(c) and (d) would be standards. Moreover, all U.S. would not have federalism implications. reduced certification costs or qualitative manufacturers of transport category benefits from harmonization. airplanes exceed the Small Business Environmental Analysis For an FAA rule harmonizing with a Administration small-entity criteria of FAA Order 1050.1E identifies FAA less stringent EASA rule, there would be 1,500 employees. Therefore, the FAA actions that are categorically excluded reduced certification costs from the certifies that this proposed rule would from preparation of an environmental harmonization itself, but also benefits not have a significant economic impact assessment or environmental impact inherent in the reduced stringency. For on a substantial number of small statement under the National § 25.107(e)(1)(iv) the inherent benefits to entities. The FAA requests comments Environmental Policy Act in the operators would be higher takeoff regarding this determination. absence of extraordinary circumstances. weights, increases in payload, and International Trade Impact Assessment The FAA has determined this proposed shorter takeoff distances for geometry- rulemaking action qualifies for the limited airplanes allowed by the The Trade Agreements Act of 1979 categorical exclusion identified in reduced minimum takeoff speeds. For (Pub. L. 96–39), as amended by the paragraph 312d and involves no the reduced speed ranges specified in Uruguay Round Agreements Act (Pub. extraordinary circumstances. proposed § 25.177(c) and (d), the L. 103–465), prohibits Federal agencies inherent benefits would be to reduce from establishing standards or engaging Regulations That Significantly Affect test flight safety risk. in related activities that create Energy Supply, Distribution, or Use The FAA, therefore, has determined unnecessary obstacles to the foreign The FAA has analyzed this NPRM that this proposed rule would have commerce of the United States. under Executive Order 13211, Actions minimal costs with positive net benefits Pursuant to these Acts, the Concerning Regulations that and does not warrant a full regulatory establishment of standards is not Significantly Affect Energy Supply, evaluation. The FAA requests comments considered an unnecessary obstacle to Distribution, or Use (May 18, 2001). We regarding our determination of minimal the foreign commerce of the United have determined that it is not a costs with positive net benefits. States, so long as the standard has a ‘‘significant energy action’’ under the

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executive order, it is not a ‘‘significant • Is the description in the preamble information that you consider regulatory action’’ under Executive helpful in understanding the proposed proprietary or confidential. If you send Order 12866 and DOT’s Regulatory regulations? the information on a disk or CD–ROM, Policies and Procedures, and it is not Please send your comments to the mark the outside of the disk or CD–ROM likely to have a significant adverse effect address specified in the ADDRESSES and also identify electronically within on the supply, distribution, or use of section. the disk or CD–ROM the specific energy. information that is proprietary or Additional Information confidential. Regulations Affecting Intrastate Comments Invited Under § 11.35(b), when we are aware Aviation in Alaska of proprietary information filed with a The FAA invites interested persons to comment, we do not place it in the Section 1205 of the FAA participate in this rulemaking by docket. We hold it in a separate file to Reauthorization Act of 1996 (110 Stat. submitting written comments, data, or which the public does not have access, 3213) requires the Administrator, when views. We also invite comments relating and we place a note in the docket that modifying regulations in Title 14 of the to the economic, environmental, energy, we have received it. If we receive a CFR in a manner affecting intrastate or federalism impacts that might result request to examine or copy this aviation in Alaska, to consider the from adopting the proposals in this information, we treat it as any other extent to which Alaska is not served by document. The most helpful comments request under the Freedom of transportation modes other than reference a specific portion of the Information Act (5 U.S.C. 552). We aviation, and to establish such proposal, explain the reason for any process such a request under the DOT regulatory distinctions as he or she recommended change, and include procedures found in 49 CFR part 7. considers appropriate. Because this supporting data. To ensure that the proposed rule would apply to the docket does not contain duplicate Availability of Rulemaking Documents certification of future designs of comments, please send only one copy of transport category airplanes and their You can get an electronic copy of written comments, or if you are filing rulemaking documents using the subsequent operation, it could, if comments electronically, please submit adopted, affect intrastate aviation in Internet by— your comments only one time. 1. Searching the Federal eRulemaking Alaska. The FAA therefore specifically We will file in the docket all requests comments on whether there is Portal (http://www.regulations.gov); comments we receive, as well as a 2. Visiting the FAA’s Regulations and justification for applying the proposed report summarizing each substantive rule differently to intrastate operations Policies Web page at http:// public contact with FAA personnel _ in Alaska. www.faa.gov/regulations policies/; or concerning this proposed rulemaking. 3. Accessing the Government Printing Plain English Before acting on this proposal, we will Office’s web page at http:// consider all comments we receive on or www.gpoaccess.gov/fr/index.html. Executive Order 12866 (58 FR 51735, before the closing date for comments. You can also get a copy by sending a Oct. 4, 1993) requires each agency to We will consider comments filed after request to the Federal Aviation write regulations that are simple and the comment period has closed if it is Administration, Office of Rulemaking, easy to understand. We invite your possible to do so without incurring ARM–1, 800 Independence Avenue, comments on how to make these expense or delay. We may change this SW., Washington, DC 20591, or by proposed regulations easier to proposal because of the comments we calling (202) 267–9680. Make sure to understand, including answers to receive. identify the docket number or notice questions such as the following: Proprietary or Confidential Business number of this rulemaking. • Are the requirements in the Information You may access all documents the proposed regulations clearly stated? FAA considered in developing this Do not file in the docket information • proposed rule, including economic Do the proposed regulations contain that you consider to be proprietary or analyses and technical reports, from the unnecessary technical language or confidential business information. Send Internet through the Federal jargon that interferes with their clarity? or deliver such information directly to eRulemaking Portal referenced in • Would the regulations be easier to the person identified in the FOR FURTHER paragraph (1). understand if they were divided into INFORMATION CONTACT section of this more (but shorter) sections? document. You must mark the Appendix 1 to the Preamble

SPEED TERMS AND DEFINITIONS

Term Definition

VR ...... Rotation speed. V1 ...... Maximum speed in the takeoff at which the pilot must take the first action (e.g., apply brakes, reduce thrust, de- ploy speed brakes) to stop the airplane within the accelerate stop distance. It also means the minimum speed in the takeoff, following a failure of the critical engine at VEF, at which the pilot can continue the takeoff and achieve the required height above the takeoff surface within the takeoff distance. V2 ...... Takeoff safety speed. VREF ...... Reference landing speed. VSW ...... Speed at which the onset of natural or artificial stall warning occurs. VSR ...... Reference stall speed. VSR1 ...... Reference stall speed in a specific configuration. VLOF ...... Lift-off speed. VMU ...... Minimum unstick speed. VMC ...... Minimum control speed with the critical engine inoperative. VFE ...... Maximum flap extended speed. VLE ...... Maximum landing gear extended speed.

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SPEED TERMS AND DEFINITIONS—Continued

Term Definition

VFC/MFC ...... Maximum speed for stability characteristics. VMO/MMO ...... Maximum operating limit speed. VDF/MDF ...... Demonstrated flight diving speed.

List of Subjects in 14 CFR Part 25 contact with the runway), 108 percent of requirement must be shown using Aircraft, Aviation safety, Reporting VMU in the all-engines-operating straight, steady sideslips, unless full and recordkeeping requirements, Safety. condition and 104 percent of VMU lateral control input is achieved before determined at the thrust-to-weight ratio reaching either full rudder control input The Proposed Amendment corresponding to the one-engine- or a rudder control force of 180 pounds; In consideration of the foregoing, the inoperative condition. a straight, steady sideslip need not be Federal Aviation Administration * * * * * maintained after achieving full lateral proposes to amend part 25 of Title 14, 4. Revise § 25.177 to read as follows: control input. This requirement must be Code of Federal Regulations, as follows: met at all approved landing gear and § 25.177 Static lateral-directional stability. flap positions for the range of operating PART 25—AIRWORTHINESS (a) The static directional stability (as speeds and power conditions STANDARDS: TRANSPORT shown by the tendency to recover from appropriate to each landing gear and CATEGORY AIRPLANES a skid with the rudder free) must be flap position with all engines operating. positive for any landing gear and flap 5. Amend § 25.253 by adding 1. The authority citation for part 25 position and symmetric power paragraphs (a)(4) and (a)(5) and revising continues to read as follows: condition, at speeds from 1.13 VSR1, up paragraphs (b) and (c) introductory text Authority: 49 U.S.C. 106(g), 40113, 44701, to VFE, VLE, or VFC/MFC (as appropriate). to read as follows: 44702 and 44704. (b) The static lateral stability (as 2. Amend § 25.21 by revising shown by the tendency to raise the low § 25.253 High-speed characteristics. paragraph (g)(1) to read as follows: wing in a sideslip with the aileron (a) * * * controls free) for any landing gear and (4) Adequate roll capability to assure § 25.21 Proof of compliance. flap position and symmetric power a prompt recovery from a lateral upset * * * * * condition, may not be negative at any condition must be available at any (g) * * * airspeed (except that speeds higher than speed up to VDF/MDF. (1) Each requirement of this subpart, VFE need not be considered for flaps (5) With the airplane trimmed at VMO/ except §§ 25.121(a), 25.123(c), extended configurations nor speeds MMO, extension of the speedbrakes over 25.143(b)(1) and (b)(2), 25.149, higher than VLE for landing gear the available range of movements of the 25.201(c)(2), 25.239, and 25.251(b) extended configurations) in the pilot’s control, at all speeds above VMO/ through (e), must be met in icing following airspeed ranges: MMO, but not so high that VDF/MDF conditions. Section 25.207(c) and (d) (1) From 1.13 VSR1 to VMO/MMO. would be exceeded during the must be met in the landing (2) From VMO/MMO to VFC/MFC, unless maneuver, must not result in: the divergence is— configuration in icing conditions, but (i) An excessive positive load factor need not be met for other (i) Gradual; (ii) Easily recognizable by the pilot; when the pilot does not take action to configurations. Compliance must be counteract the effects of extension; shown using the ice accretions defined and (ii) Buffeting that would impair the in appendix C of this part, assuming (iii) Easily controllable by the pilot. pilot’s ability to read the instruments or normal operation of the airplane and its (c) In straight, steady sideslips over control the airplane for recovery; or ice protection system in accordance the range of sideslip angles appropriate (iii) A nose down pitching moment, with the operating limitations and to the operation of the airplane, but not unless it is small. operating procedures established by the less than those obtained with one-half of applicant and provided in the Airplane the available rudder control input or a (b) Maximum speed for stability Flight Manual. rudder control force of 180 pounds, the characteristics, VFC/MFC. VFC/MFC is the aileron and rudder control movements maximum speed at which the * * * * * and forces must be substantially requirements of §§ 25.143(g), 25.147(e), 3. Amend § 25.107 by revising 25.175(b)(1), 25.177(a) through (c), and paragraph (e)(1)(iv) to read as follows: proportional to the angle of sideslip in a stable sense; and the factor of 25.181 must be met with flaps and § 25.107 Takeoff speeds. proportionality must lie between limits landing gear retracted. Except as noted * * * * * found necessary for safe operation. This in § 25.253(c), VFC/MFC may not be less (e) * * * requirement must be met for the than a speed midway between VMO/ (1) * * * configurations and speeds specified in MMO and VDF/MDF, except that, for (iv) A speed that, if the airplane is paragraph (a) of this section. altitudes where Mach number is the rotated at its maximum practicable rate, (d) For sideslip angles greater than limiting factor, MFC need not exceed the will result in a VLOF of not less than— those prescribed by paragraph (c) of this Mach number at which effective speed (A) 110 percent of VMU in the all- section, up to the angle at which full warning occurs. engines-operating condition, and 105 rudder control is used or a rudder (c) Maximum speed for stability percent of VMU determined at the thrust- control force of 180 pounds is obtained, characteristics in icing conditions. The to-weight ratio corresponding to the the rudder control forces may not maximum speed for stability one-engine-inoperative condition; or reverse, and increased rudder deflection characteristics with the ice accretions (B) If the VMU attitude is limited by must be needed for increased angles of defined in appendix C, at which the the geometry of the airplane (i.e., tail sideslip. Compliance with this requirements of §§ 25.143(g), 25.147(e),

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25.175(b)(1), 25.177(a) through (c), and ADDRESSES: You may send comments by economic, environmental, and energy 25.181 must be met, is the lower of: any of the following methods: aspects of this proposed AD. We will * * * * * • Federal eRulemaking Portal: Go to consider all comments received by the http://www.regulations.gov. Follow the closing date and may amend this Issued in Washington, DC, on November 9, instructions for submitting comments. proposed AD based on those comments. 2010. • Fax: (202) 493–2251. We will post all comments we KC Yanamura, • Mail: U.S. Department of receive, without change, to http:// Deputy Director, Aircraft Certification Transportation, Docket Operations, Service. www.regulations.gov, including any M–30, West Building Ground Floor, personal information you provide. We [FR Doc. 2010–29193 Filed 11–18–10; 8:45 am] Room W12–140, 1200 New Jersey BILLING CODE 4910–13–P will also post a report summarizing each Avenue, SE., Washington, DC 20590. substantive verbal contact we receive • Hand Delivery: U.S. Department of about this proposed AD. DEPARTMENT OF TRANSPORTATION Transportation, Docket Operations, M–30, West Building Ground Floor, Discussion Federal Aviation Administration Room W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between The European Aviation Safety Agency (EASA), which is the Technical Agent 14 CFR Part 39 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. for the Member States of the European [Docket No. FAA–2010–1114; Directorate For service information identified in Community, has issued EASA Identifier 2010–NM–206–AD] this proposed AD, contact Fokker Airworthiness Directive 2010–0139, RIN 2120–AA64 Services B.V., Technical Services Dept., dated July 1, 2010 (referred to after this ‘‘ ’’ P.O. Box 231, 2150 AE Nieuw-Vennep, as the MCAI ), to correct an unsafe Airworthiness Directives; Fokker the Netherlands; telephone +31 (0)252– condition for the specified products. Services B.V. Model F.28 Mark 0100, 627–350; fax +31 (0)252–627–211; The MCAI states: 1000, 2000, 3000, and 4000 Airplanes e-mail technicalservices.fokkerservices@ Prompted by an accident * * *, the FAA stork.com; Internet http://www. published Special Federal Aviation AGENCY: Federal Aviation Regulation (SFAR) 88, and the Joint Aviation Administration (FAA), DOT. myfokkerfleet.com. You may review copies of the referenced service Authorities (JAA) published Interim Policy ACTION: Notice of proposed rulemaking information at the FAA, Transport INT/POL/25/12. The design review (NPRM). conducted by Fokker on the F28 in response Airplane Directorate, 1601 Lind to these regulations revealed that, in case of SUMMARY: We propose to adopt a new Avenue, SW., Renton, Washington. For a lightning strike, an ignition source can airworthiness directive (AD) for the information on the availability of this develop in the wing tank vapour space products listed above. This proposed material at the FAA, call 425–227–1221. during fuel transfer from bag tank CWT AD results from mandatory continuing Examining the AD Docket [center wing tank], if the electrical power for airworthiness information (MCAI) refuelling is not switched off after refuelling. originated by an aviation authority of You may examine the AD docket on Service experience has revealed situations another country to identify and correct the Internet at http://www. where the power switch of the Fuelling an unsafe condition on an aviation regulations.gov; or in person at the Control Panel (FCP) appeared to be ‘‘ON’’ product. The MCAI describes the unsafe Docket Operations office between 9 a.m. with the access panel closed. The cam on the condition as: and 5 p.m., Monday through Friday, access panel that should operate the power except Federal holidays. The AD docket switch, if forgotten by flight crew or Prompted by an accident * * *, the FAA maintenance staff, can pivot away during published Special Federal Aviation contains this proposed AD, the Regulation (SFAR) 88, and the Joint Aviation regulatory evaluation, any comments closing of the panel, which may result in the Authorities (JAA) published Interim Policy received, and other information. The switch staying in the ‘‘ON’’ position. INT/POL/25/12. The design review street address for the Docket Operations This condition, if not corrected, could conducted by Fokker on the F28 in response office (telephone (800) 647–5527) is in result in a wing fuel tank explosion and to these regulations revealed that, in case of the ADDRESSES section. Comments will consequent loss of the aeroplane. a lightning strike, an ignition source can be available in the AD docket shortly For the reasons described above, this develop in the wing tank vapour space after receipt. [EASA] AD requires an inspection of the cam during fuel transfer from bag tank CWT and, depending on findings, replacement [center wing tank], if the electrical power for FOR FURTHER INFORMATION CONTACT: Tom with an improved part. Subsequently, this refuelling is not switched off after refuelling. Rodriguez, Aerospace Engineer, AD requires repetitive functional checks of Service experience has revealed situations International Branch, ANM–116, the cam and, depending on findings, the where the power switch of the Fuelling Transport Airplane Directorate, FAA, necessary corrective actions. Control Panel (FCP) appeared to be ‘‘ON’’ 1601 Lind Avenue, SW., Renton, with the access panel closed. The cam on the Washington 98057–3356; telephone The corrective action is adjusting the access panel that should operate the power (425) 227–1137; fax (425) 227–1149. FCP cam until it operates correctly. You switch, if forgotten by flight crew or may obtain further information by maintenance staff, can pivot away during SUPPLEMENTARY INFORMATION: examining the MCAI in the AD docket. closing of the panel, which may result in the Comments Invited switch staying in the ‘‘ON’’ position. Relevant Service Information This condition, if not corrected, could We invite you to send any written result in a wing fuel tank explosion and relevant data, views, or arguments about Fokker Services B.V. has issued consequent loss of the aeroplane. this proposed AD. Send your comments Fokker Service Bulletins SBF28–28– * * * * * to an address listed under the 052, dated April 20, 2010; and SBF100– The proposed AD would require actions ADDRESSES section. Include ‘‘Docket No. 28–063, dated April 15, 2010. The that are intended to address the unsafe FAA–2010–1114; Directorate Identifier actions described in this service condition described in the MCAI. 2010–NM–206–AD’’ at the beginning of information are intended to correct the DATES: We must receive comments on your comments. We specifically invite unsafe condition identified in the this proposed AD by January 3, 2011. comments on the overall regulatory, MCAI.

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FAA’s Determination and Requirements We are issuing this rulemaking under Comments Due Date of This Proposed AD the authority described in ‘‘Subtitle VII, (a) We must receive comments by January This product has been approved by Part A, Subpart III, Section 44701: 3, 2011. General requirements.’’ Under that the aviation authority of another Affected ADs section, Congress charges the FAA with country, and is approved for operation (b) None. in the United States. Pursuant to our promoting safe flight of civil aircraft in bilateral agreement with the State of air commerce by prescribing regulations Applicability Design Authority, we have been notified for practices, methods, and procedures (c) This AD applies to Fokker Services B.V. of the unsafe condition described in the the Administrator finds necessary for Model F28 Mark 1000, 2000, 3000, and 4000 MCAI and service information safety in air commerce. This regulation airplanes, all serial numbers, equipped with referenced above. We are proposing this is within the scope of that authority a center wing tank (CWT); and Model F28 because it addresses an unsafe condition Mark 0100 airplanes, serial numbers 11244 AD because we evaluated all pertinent through 11441; certificated in any category. information and determined an unsafe that is likely to exist or develop on condition exists and is likely to exist or products identified in this rulemaking Subject action. develop on other products of the same (d) Air Transport Association (ATA) of type design. Regulatory Findings America Code 28: Fuel. Differences Between This AD and the We determined that this proposed AD Reason MCAI or Service Information would not have federalism implications (e) The mandatory continuing airworthiness information (MCAI) states: We have reviewed the MCAI and under Executive Order 13132. This related service information and, in proposed AD would not have a Prompted by an accident * * *, the FAA general, agree with their substance. But substantial direct effect on the States, on published Special Federal Aviation Regulation (SFAR) 88, and the Joint Aviation we might have found it necessary to use the relationship between the national Government and the States, or on the Authorities (JAA) published Interim Policy different words from those in the MCAI INT/POL/25/12. The design review to ensure the AD is clear for U.S. distribution of power and responsibilities among the various conducted by Fokker on the F28 in response operators and is enforceable. In making to these regulations revealed that, in case of these changes, we do not intend to differ levels of government. a lightning strike, an ignition source can substantively from the information For the reasons discussed above, I develop in the wing tank vapour space provided in the MCAI and related certify this proposed regulation: during fuel transfer from bag tank CWT service information. 1. Is not a ‘‘significant regulatory [center wing tank], if the electrical power for We might also have proposed action’’ under Executive Order 12866; refuelling is not switched off after refuelling. different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the Service experience has revealed situations DOT Regulatory Policies and Procedures where the power switch of the Fuelling in the MCAI in order to follow FAA Control Panel (FCP) appeared to be ‘‘ON’’ policies. Any such differences are (44 FR 11034, February 26, 1979); and with the access panel closed. The cam on the highlighted in a Note within the 3. Will not have a significant access panel that should operate the power proposed AD. economic impact, positive or negative, switch, if forgotten by flight crew or on a substantial number of small entities maintenance staff, can pivot away during Costs of Compliance under the criteria of the Regulatory closing of the panel, which may result in the Based on the service information, we Flexibility Act. switch staying in the ‘‘ON’’ position. estimate that this proposed AD would We prepared a regulatory evaluation This condition, if not corrected, could affect about 6 products of U.S. registry. result in a wing fuel tank explosion and of the estimated costs to comply with consequent loss of the aeroplane. We also estimate that it would take this proposed AD and placed it in the about 3 work-hours per product to AD docket. Compliance comply with the basic requirements of (f) You are responsible for having the this proposed AD. The average labor List of Subjects in 14 CFR Part 39 actions required by this AD performed within rate is $85 per work-hour. Required Air transportation, Aircraft, Aviation the compliance times specified, unless the parts would cost about $426 per safety, Incorporation by reference, actions have already been done. product. Where the service information Safety. Actions lists required parts costs that are covered under warranty, we have The Proposed Amendment Initial Inspection and Corrective Actions assumed that there will be no charge for Accordingly, under the authority (g) Within 6 months after the effective date these costs. As we do not control delegated to me by the Administrator, of this AD, inspect the FCP cam to determine warranty coverage for affected parties, the part number (P/N), in accordance with the FAA proposes to amend 14 CFR part Part 1 of the Accomplishment Instructions of some parties may incur costs higher 39 as follows: Fokker Service Bulletin SBF28–28–052, than estimated here. Based on these dated April 20, 2010 (for Model F28 Mark figures, we estimate the cost of the PART 39—AIRWORTHINESS 1000, 2000, 3000, and 4000 airplanes); or proposed AD on U.S. operators to be DIRECTIVES SBF100–28–063, dated April 15, 2010 (for $4,086, or $681 per product. Model F28 Mark 0100 airplanes). 1. The authority citation for part 39 (1) If the correct part number is installed Authority for This Rulemaking continues to read as follows: (P/N D48127–009 for Model F28 Mark 0100 Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. airplanes and P/N A42509–089 for Model specifies the FAA’s authority to issue F28 Mark 1000, 2000, 3000, and 4000 rules on aviation safety. Subtitle I, § 39.13 [Amended] airplanes), before further flight, do an 2. The FAA amends § 39.13 by adding inspection to verify that the cam operates section 106, describes the authority of correctly, in accordance with Part 1 of the the FAA Administrator. ‘‘Subtitle VII: the following new AD: Accomplishment Instructions of Fokker Aviation Programs,’’ describes in more Fokker Services B.V.: Docket No. FAA– Service Bulletin SBF28–28–052, dated April detail the scope of the Agency’s 2010–1114; Directorate Identifier 2010– 20, 2010 (for Model F28 Mark 1000, 2000, authority. NM–206–AD. 3000, and 4000 airplanes); or SBF100–28–

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063, dated April 15, 2010 (for Model F28 FAA, 1601 Lind Avenue, SW., Renton, ACTION: Supplemental notice of Mark 0100 airplanes). Washington 98057–3356; telephone (425) proposed rulemaking (NPRM); (2) If a part number other than P/N 227–1137; fax (425) 227–1149. Before using reopening of comment period. D48127–009 for Model F28 Mark 0100 any approved AMOC on any airplane to airplanes and P/N A42509–089 for Model which the AMOC applies, notify your SUMMARY: We are revising an earlier F28 Mark 1000, 2000, 3000, and 4000 principal maintenance inspector (PMI) or proposed airworthiness directive (AD) airplanes is installed, within 24 months after principal avionics inspector (PAI), as for certain Model 747 airplanes. The appropriate, or lacking a principal inspector, the effective date of this AD, replace the cam original NPRM would have required with a cam having a correct part number, and your local Flight Standards District Office. do an inspection to verify that the cam The AMOC approval letter must specifically measuring the electrical bond resistance operates correctly, in accordance with Part 2 reference this AD. between the motor operated valve of the Accomplishment Instructions of (2) Airworthy Product: For any (MOV) actuators and airplane structure Fokker Service Bulletin SBF28–28–052, requirement in this AD to obtain corrective for the main, center, auxiliary, and dated April 20, 2010 (for Model F28 Mark actions from a manufacturer or other source, horizontal stabilizer fuel tanks, as 1000, 2000, 3000, and 4000 airplanes); or use these actions if they are FAA-approved. applicable, and corrective action if SBF100–28–063, dated April 15, 2010 (for Corrective actions are considered FAA- necessary. The original NPRM also approved if they are approved by the State Model F28 Mark 0100 airplanes). would have required a revision to the (3) If, during any inspection required by of Design Authority (or their delegated paragraphs (g)(1) and (g)(2) of this AD, the agent). You are required to assure the product maintenance program to incorporate cam does not operate correctly, before further is airworthy before it is returned to service. airworthiness limitation (AWL) No. 28– flight, adjust the cam until it operates (3) Reporting Requirements: A federal AWL–21 or AWL No. 28–AWL–27, as correctly, in accordance with Part 2 of the agency may not conduct or sponsor, and a applicable. The original NPRM resulted Accomplishment Instructions of Fokker person is not required to respond to, nor from fuel system reviews conducted by Service Bulletin SBF28–28–052, dated April shall a person be subject to a penalty for the manufacturer. This supplemental 20, 2010 (for Model F28 Mark 1000, 2000, failure to comply with a collection of NPRM would revise the original NPRM 3000, and 4000 airplanes); or SBF100–28– information subject to the requirements of the Paperwork Reduction Act unless that by adding airplanes to the applicability, 063, dated April 15, 2010 (for Model F28 and would require replacing Mark 0100 airplanes). collection of information displays a current valid OMB Control Number. The OMB production-installed laminate phenolic Repetitive Inspections Control Number for this information spacers with metallic spacers between (h) Within 1,200 flight hours after verifying collection is 2120–0056. Public reporting for the fuel jettison MOV and the airplane that the cam operates correctly, as required this collection of information is estimated to structure, as applicable. We are by paragraphs (g)(1) and (g)(2) of this AD, as be approximately 5 minutes per response, proposing this supplemental NPRM to applicable: Do an inspection to verify that the including the time for reviewing instructions, prevent electrical current from flowing cam operates correctly and, before further completing and reviewing the collection of through an MOV actuator into a fuel information. All responses to this collection flight, do all applicable corrective actions, in tank, which could create a potential accordance with Part 2 of the of information are mandatory. Comments concerning the accuracy of this burden and ignition source inside the fuel tank. This Accomplishment Instructions of Fokker condition, in combination with Service Bulletin SBF28–28–052, dated April suggestions for reducing the burden should 20, 2010 (for Model F28 Mark 1000, 2000, be directed to the FAA at: 800 Independence flammable fuel vapors, could result in a 3000, and 4000 airplanes); or SBF100–28– Ave., SW., Washington, DC 20591, Attn: fuel tank explosion and consequent loss 063, dated April 15, 2010 (for Model F28 Information Collection Clearance Officer, of the airplane. AES–200. Mark 0100 airplanes). Thereafter, repeat the DATES: We must receive comments on inspection of the cam at intervals not to Related Information this supplemental NPRM by December exceed 1,200 flight hours. (k) Refer to MCAI EASA Airworthiness 14, 2010. Parts Installation Directive 2010–0139, dated July 1, 2010; ADDRESSES: You may send comments by Fokker Service Bulletin SBF28–28–052, (i) As of the effective date of this AD, no any of the following methods: dated April 20, 2010; and Fokker Service person may install an FCP access door, cam, • Federal eRulemaking Portal: Go to Bulletin SBF100–28–063, dated April 15, or fueling panel on any airplane, unless the http://www.regulations.gov. Follow the 2010; for related information. requirements of this AD have been instructions for submitting comments. accomplished on the cam. Issued in Renton, Washington, on • Fax: 202–493–2251. November 10, 2010. • Mail: U.S. Department of FAA AD Differences Jeffrey E. Duven, Transportation, Docket Operations, Note 1: This AD differs from the MCAI Acting Manager, Transport Airplane M–30, West Building Ground Floor, and/or service information as follows: Directorate, Aircraft Certification Service. Room W12–140, 1200 New Jersey Although paragraph (6) of the MCAI provides [FR Doc. 2010–29228 Filed 11–18–10; 8:45 am] Avenue, SE., Washington, DC 20590. an option to incorporate the repetitive • Hand Delivery: U.S. Department of functional inspection into the maintenance BILLING CODE 4910–13–P program and then use the maintenance Transportation, Docket Operations, program as a method of complying with the M–30, West Building Ground Floor, repetitive inspection requirement, this AD DEPARTMENT OF TRANSPORTATION Room W12–140, 1200 New Jersey does not include that provision. Avenue, SE., Washington, DC 20590, Federal Aviation Administration between 9 a.m. and 5 p.m., Monday Other FAA AD Provisions through Friday, except Federal holidays. (j) The following provisions also apply to 14 CFR Part 39 For service information identified in this AD: [Docket No. FAA–2008–0090; Directorate this proposed AD, contact Boeing (1) Alternative Methods of Compliance Identifier 2007–NM–312–AD] Commercial Airplanes, Attention: Data (AMOCs): The Manager, International & Services Management, P.O. Box 3707, Branch, ANM–116, Transport Airplane RIN 2120–AA64 MC 2H–65, Seattle, Washington 98124– Directorate, FAA, has the authority to 2207; telephone 206–544–5000, approve AMOCs for this AD, if requested Airworthiness Directives; The Boeing using the procedures found in 14 CFR 39.19. Company Model 747 Airplanes extension 1; fax 206–766–5680; e-mail Send information to ATTN: Tom Rodriguez, [email protected]; Internet Aerospace Engineer, International Branch, AGENCY: Federal Aviation https://www.myboeingfleet.com. You ANM–116, Transport Airplane Directorate, Administration (FAA), DOT. may review copies of the referenced

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service information at the FAA, horizontal stabilizer fuel tanks, as We have revised this supplemental Transport Airplane Directorate, 1601 applicable, and corrective action if NPRM to refer to the latest service Lind Avenue, SW., Renton, Washington. necessary. That original NPRM also information described previously. For information on the availability of proposed to require a revision to the Other Relevant Rulemaking this material at the FAA, call 425–227– maintenance program to incorporate 1221. airworthiness limitation (AWL) No. 28– On April 28, 2008, we issued AD 2008–10–07, Amendment 39–15513 (73 Examining the AD Docket AWL–21 or AWL No. 28–AWL–27, as applicable. FR 25977, May 8, 2008); and on October You may examine the AD docket on 30, 2009, we issued AD 2008–10–07 R1, the Internet at http:// Actions Since Original NPRM Was Amendment 39–16070 (74 FR 56098, www.regulations.gov; or in person at the Issued November 16, 2009); applicable to all Docket Management Facility between 9 Boeing Model 747–100, 747–100B, 747– Since we issued the original NPRM, a.m. and 5 p.m., Monday through 100B SUD, 747–200B, 747–200C, 747– we reviewed Boeing Service Bulletin Friday, except Federal holidays. The AD 200F, 747–300, 747SR, and 747SP series 747–28A2292, Revision 2, dated May docket contains this proposed AD, the airplanes. Those ADs require revising regulatory evaluation, any comments 13, 2010 (for Model 747–100, 747–100B, the maintenance program by received, and other information. The 747–100B SUD, 747–200B, 747–200C, incorporating new AWLs for fuel tank street address for the Docket Office 747–200F, 747–300, 747–400, 747– systems to satisfy Special Federal (telephone 800–647–5527) is in the 400D, 747–400F, 747SR, and 747SP Aviation Regulation No. 88 (‘‘SFAR 88’’) series airplanes). This service bulletin ADDRESSES section. Comments will be requirements. As an optional action, available in the AD docket shortly after clarifies the procedure for measuring the those ADs also allow incorporating receipt. electrical bond resistance, and adds AWL No. 28–AWL–21 into the procedures for replacing production- FOR FURTHER INFORMATION CONTACT: maintenance program. Therefore, we installed laminate phenolic spacers with Douglas Bryant, Aerospace Engineer, have added a new paragraph (n) to this metallic spacers for airplanes in Groups Propulsion Branch, ANM–140S, FAA, supplemental NPRM to specify that 12, 16, 17, 18, and 19. This service Seattle Aircraft Certification Office, incorporating AWL No. 28–AWL–21 bulletin also adds airplanes to the 1601 Lind Avenue, SW., Renton, into the maintenance program in Effectivity. Paragraphs (c) and (g) of this Washington 98057–3356; telephone accordance with paragraph (g) of AD (425) 917–6505; fax (425) 917–6590. supplemental NPRM have been revised 2008–10–07 or 2008–10–07 R1 accordingly. SUPPLEMENTARY INFORMATION: terminates the action required by We also reviewed Boeing Service paragraph (k) of this supplemental Comments Invited Bulletin 747–28A2294, Revision 1, NPRM for the applicable airplanes. We invite you to send any written dated March 5, 2009 (for Model 747–400 relevant data, views, or arguments about series airplanes equipped with an active Comments this proposed AD. Send your comments horizontal stabilizer fuel tank). This We gave the public the opportunity to to an address listed under the service bulletin is the same as the participate in developing this AD. We ADDRESSES section. Include ‘‘Docket No. original issue, dated September 21, considered the comments received from FAA–2008–0090; Directorate Identifier 2007, except that a reference to Sub- the three commenters. ’’ 2007–NM–312–AD at the beginning of section 28–17–03 of Boeing 747–400 Request To Allow Use of Future your comments. We specifically invite Airplane Maintenance Manual (AMM) Revisions of the Service Bulletins comments on the overall regulatory, is corrected in Revision 1. economic, environmental, and energy Boeing requested that we revise the We reviewed Boeing 747–100/200/ original NPRM to specify that the aspects of this proposed AD. We will 300/SP Airworthiness Limitations consider all comments received by the proposed modifications may also be (AWLs) and Certification Maintenance done in accordance with any future- closing date and may amend this Requirements (CMRs), Document D6– proposed AD because of those approved revisions to Boeing Alert 13747–CMR, Revision March 2008 Service Bulletin 747–28A2292, dated comments. (hereafter referred to as ‘‘Document D6– We will post all comments we September 14, 2007; and Boeing Alert 13747–CMR’’). (We referred to Revision receive, without change, to http:// Service Bulletin 747–28A2294, dated January 2007 of Document D6–13747– www.regulations.gov, including any September 21, 2007. As justification, CMR in the original NPRM.) Document personal information you provide. We Boeing stated that these service D6–13747–CMR revises certain AWLs will also post a report summarizing each bulletins could be revised by the time for fuel tank systems. However, AWL substantive verbal contact we receive we issue the AD. No. 28–AWL–21, which is specified in about this proposed AD. We partially agree. As discussed this supplemental NPRM, has not been previously, we have revised this Discussion revised in Document D6–13747–CMR, supplemental NPRM to refer to the most We issued a notice of proposed Revision March 2008. recently issued service information. rulemaking (NPRM) (the ‘‘original We also reviewed the Boeing 747–400 However, we do not agree to refer to NPRM’’) to amend 14 CFR part 39 to Maintenance Planning Data (MPD) ‘‘later revisions.’’ To allow operators to include an airworthiness directive (AD) Document, Section 9, D621U400–9, use later revisions of the referenced that would apply to certain Model 747 Revision December 2009 (hereafter service documents, either we must airplanes. That original NPRM was referred to as ‘‘Boeing 747–400 MPD’’). revise the AD to reference specific later published in the Federal Register on Among other things, Subsection D of revisions, or operators must request January 31, 2008 (73 FR 5773). That Boeing 747–400 MPD has been revised approval to use later revisions as an original NPRM proposed to require to clarify the ‘‘Applicability’’ of AWL alternative method of compliance with measuring the electrical bond resistance No. 28–AWL–27, which is a critical the AD. Therefore, we have removed all between the motor operated valve design configuration control limitation references to the use of a ‘‘later revision’’ (MOV) actuators and airplane structure (CDCCL) to maintain the design features of the applicable service information for the main, center, auxiliary, and of the MOV actuator. from this supplemental NPRM to be

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consistent with FAA policy. We may activated in the future. We cannot Other Change Made to This consider approving the use of later exclude an airplane from the Supplemental NPRM revisions of the service information as requirements of this supplemental We have added a new paragraph (m) an AMOC with this AD, as provided by NPRM without substantiation that the to this supplemental NPRM to specify paragraph (q) of this supplemental unsafe condition has been adequately that no alternative CDCCLs may be used NPRM. addressed. We have not changed this unless they are approved as an AMOC. Request To Revise Paragraphs (h) and supplemental NPRM in this regard. Inclusion of this paragraph in the (i) of the Original NPRM Request To Extend Compliance Time supplemental NPRM is intended to KLM Royal Dutch Airlines (KLM) ensure that the AD-mandated stated that the intent of the original Lufthansa requested that we extend airworthiness limitations changes are NPRM is to maintain the design features the compliance time of the original treated the same as the airworthiness introduced in accordance with Boeing NPRM from 60 months to 72 months. limitations issued with the original type Alert Service Bulletin 747–28A2292, Lufthansa stated that this extension will certificate. dated September 14, 2007; and Boeing allow operators to implement the FAA’s Determination and Proposed Alert Service Bulletin 747–28A2294, modification at the next maintenance Requirements of the Supplemental dated September 21, 2007; respectively; layover. NPRM when an MOV actuator is installed. KLM requested that we extend the KLM thought that it was clearer if the We are proposing this supplemental compliance time of the original NPRM NPRM stated that the CDCCLs must be NPRM because we evaluated all from 60 months to 96 months. KLM incorporated into the applicable pertinent information and determined paragraphs of the AMM to maintain stated that tank entry might be an unsafe condition exists and is likely these design features. necessary for accomplishing the actions, to exist or develop on other products of We infer that KLM requests that we and KLM wanted to avoid tank entry the same type design. Certain changes revise paragraphs (h) and (i) of the during C-checks. described above expand the scope of the NPRM as proposed above. We disagree We disagree with the commenters’ original NPRM. As a result, we have with the commenter’s request. We requests to extend the compliance time. determined that it is necessary to reopen disagree that incorporating CDCCLs into In developing an appropriate the comment period to provide additional opportunity for the public to the AMM is the appropriate location for compliance time for this supplemental comment on this supplemental NPRM. a CDCCL. The AMM is not an FAA- NPRM, we considered the urgency approved document. The appropriate associated with the subject unsafe Explanation of Change to Costs of location for a CDCCL is in the FAA- condition and the practical aspect of Compliance approved section (i.e., the accomplishing the required actions on Airworthiness Limitations section) of an Since issuance of the original NPRM, the Model 747 fleet in a timely manner. we have increased the labor rate used in operator’s maintenance program. We We recognize that operators may have have not changed this supplemental the Costs of Compliance form $80 per different schedules for accomplishing NPRM in this regard. work-hour to $85 per work-hour. The heavy maintenance, but at the same Costs of Compliance information, Request To Exclude a Certain Airplane time, we find that the 60-month below, reflects this increase in the From the Requirements of Paragraph compliance time will include most specified hourly labor rate. (g) of the Original NPRM operators’ schedules for that type of For convenience to the operator, the Lufthansa requested that we exclude work. Further, according to the Estimated Costs table, below, was a certain Model 747–400 series airplane provisions of paragraph (q) of this AD, revised to break out the cost of replacing from paragraph (g) of the original NPRM we may consider approving requests to the spacers and the on-condition costs. because the horizontal stabilizer tank adjust the compliance time if those Costs of Compliance (HST) on that airplane has never been requests include data that prove that the activated. new compliance time would provide an We estimate that this proposed AD We disagree with the request. acceptable level of safety. No change to will affect 222 airplanes of U.S. registry. Although the HST might not be this supplemental NPRM is necessary in We estimate the following costs to activated at this time, it could be this regard. comply with this proposed AD:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Measurement ...... Up to 7 work-hours × $85 per hour = Up to $350 ...... Up to $945 ...... Up to $209,790. Up to $595. Replacement (Up to 60 Up to 4 work-hours × $85 per hour = $1,305 ...... Up to $1,645 ...... Up to $98,700. airplanes). Up to $340. Maintenance program 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $18,870. revision.

We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary modification that would proposed inspection. We have no way of might need this modification:

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ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Change electrical bond and rework part con- 436 work-hours × $85 per hour = $37,060 ...... Up to $35,760 ...... Up to $72,820. tact surface.

Authority for This Rulemaking the FAA proposes to amend 14 CFR part a fuel tank explosion and consequent loss of the airplane. Title 49 of the United States Code 39 as follows: Compliance specifies the FAA’s authority to issue PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, DIRECTIVES (f) You are responsible for having the section 106, describes the authority of actions required by this AD performed within the FAA Administrator. ‘‘Subtitle VII: 1. The authority citation for part 39 the compliance times specified, unless the Aviation Programs,’’ describes in more continues to read as follows: actions have already been done. detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. Measurement, Corrective Action, and authority. Replacement We are issuing this rulemaking under § 39.13 [Amended] (g) Within 60 months after the effective the authority described in ‘‘Subtitle VII, 2. The FAA amends § 39.13 by adding Part A, Subpart III, Section 44701: date of this AD, do the actions required by the following new AD: paragraphs (g)(1) and (g)(2) of this AD, as General requirements.’’ Under that The Boeing Company: Docket No. FAA– applicable. section, Congress charges the FAA with 2008–0090; Directorate Identifier 2007– (1) Measure the electrical bond resistance promoting safe flight of civil aircraft in NM–312–AD. between the MOV actuators and the airplane air commerce by prescribing regulations structure for the main, center, and auxiliary Comments Due Date for practices, methods, and procedures fuel tanks, as applicable; and do all the Administrator finds necessary for (a) We must receive comments by applicable corrective actions; by safety in air commerce. This regulation December 14, 2010. accomplishing all of the applicable actions in is within the scope of that authority Affected ADs the Accomplishment Instructions of Boeing because it addresses an unsafe condition Service Bulletin 747–28A2292, Revision 2, (b) None. that is likely to exist or develop on dated May 13, 2010. The corrective actions products identified in this rulemaking Applicability must be accomplished before further flight. action. (c) This AD applies to The Boeing (2) For airplanes in Groups 12, 16, 17, 18, Company Model 747–100, 747–100B, 747– and 19, as identified in Boeing Service Regulatory Findings 100B SUD, 747–200B, 747–200C, 747–200F, Bulletin 747–28A2292, Revision 2, dated We determined that this proposed AD 747–300, 747–400, 747–400D, 747–400F, May 13, 2010: Within 60 months after the would not have federalism implications 747SR, and 747SP series airplanes, effective date of this AD, replace production- under Executive Order 13132. This certificated in any category; as identified in installed laminate phenolic spacers with proposed AD would not have a Boeing Service Bulletin 747–28A2292, metallic spacers, in accordance with the substantial direct effect on the States, on Revision 2, dated May 13, 2010. Accomplishment Instructions of Boeing the relationship between the national Note 1: This AD requires revisions to Service Bulletin 747–28A2292, Revision 2, Government and the States, or on the certain operator maintenance documents to dated May 13, 2010. include new inspections. Compliance with (h) For airplanes identified in Boeing distribution of power and these inspections is required by 14 CFR Service Bulletin 747–28A2294, Revision 1, responsibilities among the various 91.403(c). For airplanes that have been dated March 5, 2009: Within 60 months after levels of government. previously modified, altered, or repaired in the effective date of this AD, measure the For the reasons discussed above, I the areas addressed by these inspections, the electrical bond resistance between the MOV certify this proposed regulation: operator may not be able to accomplish the actuators and airplane structure for the 1. Is not a ‘‘significant regulatory inspections described in the revisions. In this horizontal stabilizer (HST) fuel tanks, and do action’’ under Executive Order 12866, situation, to comply with 14 CFR 91.403(c), all the applicable corrective actions, in 2. Is not a ‘‘significant rule’’ under the the operator must request approval for an accordance with the Accomplishment DOT Regulatory Policies and Procedures alternative method of compliance (AMOC) Instructions of Boeing Service Bulletin 747– according to paragraph (q) of this AD. The 28A2294, Revision 1, dated March 5, 2009. (44 FR 11034, February 26, 1979), and request should include a description of The corrective actions must be accomplished 3. Will not have a significant changes to the required inspections that will before further flight. economic impact, positive or negative, ensure the continued operational safety of on a substantial number of small entities the airplane. Deactivation of the HST under the criteria of the Regulatory (i) For airplanes identified in Boeing Flexibility Act. Subject Service Bulletin 747–28A2294, Revision 1, (d) Air Transport Association (ATA) of You can find our regulatory dated March 5, 2009: Deactivation of the America Code 28: Fuel. evaluation and the estimated costs of HST, in accordance with the applicable compliance in the AD Docket. Unsafe Condition Boeing service information specified in Table List of Subjects in 14 CFR Part 39 (e) This AD results from fuel system 1 of this AD, terminates the requirements of reviews conducted by the manufacturer. The paragraph (h) of this AD, except as provided Air transportation, Aircraft, Aviation Federal Aviation Administration is issuing by paragraph (j) of this AD. Deactivation of safety, Incorporation by reference, this AD to prevent electrical current from the HST before the effective date of this AD Safety. flowing through a motor operated valve in accordance with the applicable service The Proposed Amendment (MOV) actuator into a fuel tank, which could information specified in Table 2 of this AD create a potential ignition source inside the also terminates the requirements of Accordingly, under the authority fuel tank. This condition, in combination paragraph (h) of this AD, except as provided delegated to me by the Administrator, with flammable fuel vapors, could result in by paragraph (j) of this AD.

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TABLE 1—DEACTIVATION SERVICE INFORMATION

Boeing— Revision— Dated—

Service Bulletin 747–28–2265 ...... Original ...... February 22, 2006. Service Bulletin 747–28–2272 ...... Original ...... February 21, 2006. Service Bulletin 747–28–2274 ...... 1 ...... May 21, 2008. Service Bulletin 747–28–2275 ...... 4 ...... February 2, 2009. Service Bulletin 747–28–2279 ...... 2 ...... October 16, 2007. Service Bulletin 747–28–2285 ...... 3 ...... August 30, 2007. Service Bulletin 747–28–2293 ...... 2 ...... March 4, 2008. Service Bulletin 747–28–2295 ...... 2 ...... January 19, 2009. Service Bulletin 747–28–2296 ...... Original ...... July 13, 2007. Service Bulletin 747–28–2300 ...... 1 ...... June 2, 2008. Service Bulletin 747–28–2314 ...... Original ...... December 9, 2008.

TABLE 2—DEACTIVATION CREDIT SERVICE INFORMATION

Boeing— Revision— Dated—

Service Bulletin 747–28–2274 ...... Original ...... March 13, 2006. Service Bulletin 747–28–2275 ...... Original ...... June 12, 2006. Service Bulletin 747–28–2275 ...... 1 ...... March 16, 2007. Service Bulletin 747–28–2275 ...... 2 ...... July 2, 2007. Service Bulletin 747–28–2275 ...... 3 ...... March 11, 2008. Service Bulletin 747–28–2279 ...... Original ...... June 12, 2006. Service Bulletin 747–28–2279 ...... 1 ...... May 25, 2007. Service Bulletin 747–28–2285 ...... Original ...... January 23, 2007. Service Bulletin 747–28–2285 ...... 1 ...... May 9, 2007. Service Bulletin 747–28–2285 ...... 2 ...... August 3, 2007. Service Bulletin 747–28–2293 ...... Original ...... May 9, 2007. Service Bulletin 747–28–2293 ...... 1 ...... August 29, 2007. Service Bulletin 747–28–2295 ...... Original ...... November 17, 2006. Service Bulletin 747–28–2295 ...... 1 ...... March 20, 2008. Service Bulletin 747–28–2300 ...... Original ...... January 16, 2008

Reactivation of the HST No. 28–AWL–27 of Subsection D of Boeing Incorporation of Previous Issues of (j) For airplanes identified Boeing Service 747–400 Maintenance Planning Data (MPD) Airworthiness Limitation (AWL) Bulletin 747–28A2294, Revision 1, dated Document, Section 9, D621U400–9, Revision (p) Incorporation of AWL No. 28–AWL–21 March 5, 2009, on which the HST is December 2009. of Section D of the Boeing 747–100/200/300/ reactivated, the HST must be reactivated in SP Airworthiness Limitations (AWLs) and accordance with a method approved by the No Alternative Critical Design Configuration Control Limitations (CDCCLs) Certification Maintenance Requirements Manager, Seattle Aircraft Certification Office (CMRs), Document D6–13747–CMR, Revision (ACO), FAA. For any airplane on which the (m) After accomplishing the applicable January 2007, September 2007, or January HST is reactivated, the requirements of action required in paragraph (k) or (l) of this 2008, is acceptable for compliance with the paragraphs (h) and (l) of this AD must be AD, no alternative CDCCLs may be used corresponding requirements of this AD if done before further flight following the unless the CDCCLs are approved as an done before the effective date of this AD. reactivation, or within 60 months after the AMOC in accordance with the procedures effective date of this AD, whichever occurs Alternative Methods of Compliance specified in paragraph (q) of this AD. later. For a reactivation method to be (AMOCs) approved, the reactivation method must meet Terminating Action for Maintenance (q)(1) The Manager, Seattle Aircraft the certification basis of the airplane, and the Program Revision Certification Office (ACO), FAA, has the approval must specifically reference this AD. (n) For Model 747–100, 747–100B, 747– authority to approve AMOCs for this AD, if Maintenance Program Revision 100B SUD, 747–200B, 747–200C, 747–200F, requested using the procedures found in 14 (k) For Model 747–100, 747–100B, 747– 747–300, 747SR, and 747SP series airplanes: CFR 39.19. Send information to ATTN: 100B SUD, 747–200B, 747–200C, 747–200F, Incorporating AWL No. 28–AWL–21 into the Douglas Bryant, Aerospace Engineer, 747–300, 747SR, and 747SP series airplanes: maintenance program in accordance with Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Concurrently with accomplishing the actions paragraph (g) of AD 2008–10–07, Avenue, SW., Renton, Washington 98057– required by paragraph (g) of this AD, revise Amendment 39–15513; or AD 2008–10–07 3356; telephone (425) 917–6505; fax (425) the maintenance program by incorporating R1, Amendment 39–16070; terminates the airworthiness limitation (AWL) No. 28– 917–6590. Information may be e-mailed to: 9- action required by paragraph (k) of this AD. AWL–21 of Section D of Boeing 747–100/ [email protected]. 200/300/SP Airworthiness Limitations Actions Accomplished According to (2) To request a different method of (AWLs) and Certification Maintenance Previous Issue of Service Bulletin compliance or a different compliance time Requirements (CMRs), Document D6–13747– for this AD, follow the procedures in 14 CFR CMR, Revision March 2008. (o) Actions done before the effective date 39.19. Before using any approved AMOC on (l) For Model 747–400, 747–400D, and of this AD, in accordance with Boeing Alert any airplane to which the AMOC applies, 747–400F series airplanes: Concurrently with Service Bulletin 747–28A2294, dated notify your principal maintenance inspector accomplishing the actions required by September 21, 2007, are acceptable for (PMI) or principal avionics inspector (PAI), paragraph (g) of this AD, revise the compliance with the corresponding as appropriate, or lacking a principal maintenance program by incorporating AWL requirements of this AD. inspector, your local Flight Standards District

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Office. The AMOC approval letter must • Hand Delivery: Deliver to Mail Discussion specifically reference this AD. address above between 9 a.m. and 5 We have received multiple reports of p.m., Monday through Friday, except electrical arcs at the terminal blocks of ssued in Renton, Washington on November Federal holidays. the flightdeck window 1. In several 10, 2010. For service information identified in incidents, the arcs resulted in open this proposed AD, contact Boeing Jeffrey E. Duven, flames. An investigation showed that Commercial Airplanes, Attention: Data Acting Manager, Transport Airplane the electrical arcs are caused by loose & Services Management, P.O. Box 3707, Directorate, Aircraft Certification Service. terminal connections, which are caused MC 2H–65, Seattle, Washington 98124– [FR Doc. 2010–29231 Filed 11–18–10; 8:45 am] by incorrect torque of the screw or an 2207; telephone 206–544–5000, BILLING CODE 4910–13–P incorrectly installed screw. A loose extension 1; fax 206–766–5680; e-mail terminal connection will overheat with [email protected]; Internet electrical current passing through it. An DEPARTMENT OF TRANSPORTATION https://www.myboeingfleet.com. You may review copies of the referenced overheated connector can degrade the Federal Aviation Administration service information at the FAA, adjacent electrical circuit (including Transport Airplane Directorate, 1601 solder, if present). This condition, if not 14 CFR Part 39 Lind Avenue SW., Renton, Washington. corrected, could result in smoke and fire For information on the availability of in the cockpit, and consequent loss of [Docket No. FAA–2010–1115; Directorate visibility, and injuries to or Identifier 2010–NM–221–AD] this material at the FAA, call 425–227– 1221. incapacitation of the flightcrew. RIN 2120–AA64 Examining the AD Docket Relevant Service Information Airworthiness Directives; The Boeing You may examine the AD docket on We have reviewed Boeing Special Company Model 747–100, 747–100B, the Internet at http:// Attention Service Bulletin 747–30– 747–100B SUD, 747–200B, 747–200C, www.regulations.gov; or in person at the 2081, Revision 2, dated March 10, 2010. 747–200F, 747–300, 747–400, 747– Docket Management Facility between 9 Boeing Special Attention Service 400D, 747–400F, 747SR, and 747SP a.m. and 5 p.m., Monday through Bulletin 747–30–2081, Revision 2, dated Series Airplanes Friday, except Federal holidays. The AD March 10, 2010, describes procedures docket contains this proposed AD, the for repetitive detailed inspections for AGENCY: Federal Aviation regulatory evaluation, any comments damage (including but not limited to a Administration (FAA), DOT. received, and other information. The cross-threaded screw, arcing, loose ACTION: Notice of proposed rulemaking street address for the Docket Office terminal, and heat damage) of the (NPRM). (phone: 800–647–5527) is in the terminal block, connector, and wiring at the left and right flightdeck window 1, SUMMARY: We propose to adopt a new ADDRESSES section. Comments will be available in the AD docket shortly after and corrective actions if necessary. The airworthiness directive (AD) for the corrective actions are applying the products listed above. This proposed receipt. FOR FURTHER INFORMATION CONTACT: correct torque to a loose electrical AD would require repetitive inspections connection, repairing damaged wiring, for damage of the electrical terminal at Louis Natsiopoulos, Aerospace Engineer, Systems and Equipment or installing a replacement window 1. the left and right flightdeck window 1, Boeing Special Attention Service and corrective actions if necessary. This Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Bulletin 747–30–2081, Revision 2, dated proposed AD would also allow for March 10, 2010, specifies a compliance replacing the flightdeck window 1 with Avenue SW., Renton, Washington 98057–3356; telephone (425) 917–6478; time of within 500 hours after the date a new improved flightdeck window on the service bulletin for doing the equipped with different electrical fax (425) 917–6590. SUPPLEMENTARY INFORMATION: initial detailed inspection. connections, which would terminate the Boeing Special Attention Service repetitive inspections for that flightdeck Comments Invited Bulletin 747–30–2081, Revision 2, dated window 1. This proposed AD was March 10, 2010, specifies that the prompted by several reports of electrical We invite you to send any written relevant data, views, or arguments about replacement window can either be a arcs at the terminal blocks of the window that uses screws and lugs for electrically heated flightdeck window 1. this proposal. Send your comments to ADDRESSES the electrical connection or a window We are proposing this AD to prevent an address listed under the section. Include ‘‘Docket No. FAA– that uses pins and sockets for the smoke and fire in the cockpit, which 2010–1115; Directorate Identifier 2010– electrical connections. For airplanes on could lead to loss of visibility, and NM–221–AD’’ at the beginning of your which a replacement window that uses injuries to or incapacitation of the comments. We specifically invite pins and sockets is installed, Boeing flightcrew. comments on the overall regulatory, Special Attention Service Bulletin 747– DATES: We must receive comments on economic, environmental, and energy 30–2081, Revision 2, dated March 10, this proposed AD by January 3, 2011. aspects of this proposed AD. We will 2010, also specifies changes to the ADDRESSES: You may send comments by consider all comments received by the related wire bundle. Boeing Special any of the following methods: closing date and may amend this Attention Service Bulletin 747–30– • Federal eRulemaking Portal: Go to proposed AD because of those 2081, Revision 2, dated March 10, 2010, http://www.regulations.gov. Follow the comments. specifies that installing a window that instructions for submitting comments. We will post all comments we uses pins and sockets eliminates the • Fax: 202–493–2251. receive, without change, to http:// need for the repetitive inspections. If the • Mail: U.S. Department of www.regulations.gov, including any window is replaced with the same type Transportation, Docket Operations, M– personal information you provide. We of window (i.e., windows with the 30, West Building Ground Floor, Room will also post a report summarizing each screw and lug type electrical W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive terminations), then the inspection must Washington, DC 20590. about this proposed AD. be repeated within 500 flight hours from

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the date of the accomplishment of these Proposed AD Requirements Clarifications of Service Information corrective actions and every 6,000 flight This proposed AD would require Where Boeing Special Attention hours thereafter. accomplishing the actions specified in Service Bulletin 747–30–2081, Revision Related Rulemaking the service information described 2, dated March 10, 2010, and paragraph previously, except as discussed under (h) of this proposed AD state to perform We issued AD 2010–15–01, ‘‘Differences Between the Proposed AD a detailed inspection for damage of the Amendment 39–16367 (75 FR 39804, and the Service Information.’’ terminal block, connector, and wiring of July 13, 2010), that applies to certain Differences Between the Proposed AD flightdeck window 1 ‘‘within 500 flight Model 757 airplanes, Model 767 and the Service Information hours,’’ it is also acceptable to do the airplanes, and Model 777–200 and –300 inspection at zero flight hours (i.e., Boeing Special Attention Service series airplanes. That AD requires before the airplane ever leaves the Bulletin 747–30–2081, Revision 2, dated hangar and resumes operations). The repetitive inspections for damage (e.g., March 10, 2010, does not explicitly intent of this second inspection is for of the electrical terminal at the left and specify an inspection for, nor specify a quality assurance purposes. This right flightdeck window 1), and corrective action for, airplanes on which clarification has been coordinated with corrective actions if necessary. That AD a screw is found cross threaded during Boeing. also allows for replacing the flightdeck the detailed inspections in paragraph (g) window 1 with a new improved of this proposed AD. If these conditions We have added paragraph (k) of this flightdeck window equipped with are found, paragraph (i) of this proposed proposed AD to clarify that each different electrical connections, which AD would require replacing the window is handled separately. In the terminates the repetitive inspections for windshield either before further flight if compliance table in paragraph 1.E., that flightdeck window 1. That AD the screw is found to be loose, or within ‘‘Compliance,’’ of Boeing Special results from several reports of electrical 500 flight hours or 150 days after the Attention Service Bulletin 747–30– arcs at the terminal blocks of the inspection if the screw is found to be 2081, Revision 2, dated March 10, 2010, the repeat interval applies to the action, electrically heated flightdeck window 1. tight, whichever occurs first. which is doing both Work Packages 1 We issued that AD to prevent smoke Where Boeing Special Attention and 2. If the left window is replaced and fire in the cockpit, which could Service Bulletin 747–30–2081, Revision 2, dated March 10, 2010, specifies an with a window that uses pins and lead to loss of visibility, and injuries to sockets for the electrical connection, or incapacitation of the flightcrew. interval for repetitive inspections not to exceed 6,000 flight hours, paragraphs (g) then that replacement terminates the FAA’s Determination and (h) of this proposed AD would requirements of this proposed AD for require repetitive inspections at that window only. The other window We are proposing this AD because we intervals not to exceed 6,000 flight still needs to be inspected. evaluated all the relevant information hours or 24 months, whichever occurs Costs of Compliance and determined the unsafe condition later. We have determined that this described previously is likely to exist or revised interval will not adversely affect We estimate that this proposed AD develop in other products of these same safety of the affected airplanes. Boeing will affect 251 airplanes of U.S. registry. type designs. concurs with this extension of the We estimate the following costs to interval for the repetitive inspections. comply with this proposed AD:

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators

Inspection ...... 1 work-hour × $85 per hour = $85 None ...... $85 per inspection cycle ...... $21,335 per inspection cycle. per inspection cycle.

We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary replacements that would proposed inspection. We have no way of might need these replacements:

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Replacement of windshield ...... Up to 18 work-hours × $85 per hour = $1,530 Up to $47,592 ...... Up to $49,122.

Authority for This Rulemaking We are issuing this rulemaking under because it addresses an unsafe condition the authority described in Subtitle VII, that is likely to exist or develop on Title 49 of the United States Code Part A, Subpart III, Section 44701: products identified in this rulemaking specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that action. rules on aviation safety. Subtitle I, section, Congress charges the FAA with Regulatory Findings section 106, describes the authority of promoting safe flight of civil aircraft in the FAA Administrator. Subtitle VII: air commerce by prescribing regulations We determined that this proposed AD Aviation Programs, describes in more for practices, methods, and procedures would not have federalism implications detail the scope of the Agency’s the Administrator finds necessary for under Executive Order 13132. This authority. safety in air commerce. This regulation proposed AD would not have a is within the scope of that authority substantial direct effect on the States, on

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the relationship between the national electrically heated flightdeck window 1. In given in Work Packages 1 and 2,’’ the intent Government and the States, or on the several of the incidents, the arcs resulted in is ‘‘Work Package 1, step 3. or Work Package distribution of power and open flames. We are issuing this AD to 2, step 3., as applicable.’’ Operators are to use prevent smoke and fire in the cockpit, which one or the other (or both) work instruction, responsibilities among the various could lead to loss of visibility, and injuries levels of government. as applicable, to replace the window(s) that to or incapacitation of the flightcrew. need replacing. For the reasons discussed above, I certify this proposed regulation: Compliance Optional Terminating Action (1) Is not a ‘‘significant regulatory (f) Comply with this AD within the (k) Replacing a flightdeck window 1 that action’’ under Executive Order 12866, compliance times specified, unless already uses screws and lugs for the electrical (2) Is not a ‘‘significant rule’’ under the done. connections with a flightdeck window that DOT Regulatory Policies and Procedures Detailed Inspection and Corrective Actions uses pins and sockets for the electrical connections, in accordance with Work (44 FR 11034, February 26, 1979), (g) Within 500 flight hours after the (3) Will not affect intrastate aviation effective date of this AD, do a detailed Packages 3 or 4 of Boeing Special Attention in Alaska, and inspection for damage (including but not Service Bulletin 747–30–2081, Revision 2, (4) Will not have a significant limited to a cross-threaded screw, arcing, dated March 10, 2010, ends the repetitive loose terminal, and heat damage) of the inspection requirements of this AD for that economic impact, positive or negative, window only. on a substantial number of small entities terminal block, connector, and wiring of under the criteria of the Regulatory flightdeck window 1, and do all applicable Credit for Actions Accomplished Previously corrective actions, by accomplishing the Flexibility Act. According to Previous Issue of Service actions specified in Work Packages 1 and 2 Information List of Subjects in 14 CFR Part 39 of Boeing Special Attention Service Bulletin 747–30–2081, Revision 2, dated March 10, (l) Actions accomplished before the Air transportation, Aircraft, Aviation 2010, except as provided by paragraph (j) of effective date of this AD in accordance with safety, Incorporation by reference, this AD. Do all applicable corrective actions Boeing Special Attention Service Bulletin Safety. before further flight, except as required by 747–30–2081, dated August 08, 2006; or paragraph (i) of this AD. Except as required Revision 1, dated August 20, 2008; are The Proposed Amendment by paragraphs (h) and (i) of this AD, repeat considered acceptable for compliance with Accordingly, under the authority the detailed inspection thereafter at intervals the corresponding actions specified in this AD. delegated to me by the Administrator, not to exceed 6,000 flight hours or 24 months, whichever occurs later. Doing the Alternative Methods of Compliance the FAA proposes to amend 14 CFR part replacement specified in paragraph (k) of this (AMOCs) 39 as follows: AD terminates the repetitive inspection requirements of this paragraph for the (m)(1) The Manager, Seattle Aircraft PART 39—AIRWORTHINESS replaced flightdeck window 1. Certification Office, FAA, has the authority to DIRECTIVES (h) For airplanes on which a flightdeck approve AMOCs for this AD, if requested window 1 is replaced with a window that using the procedures found in 14 CFR 39.19. 1. The authority citation for part 39 uses screws and lugs for the electrical In accordance with 14 CFR 39.19, send your continues to read as follows: connections, in accordance with Work request to your principal inspector or local Authority: 49 U.S.C. 106(g), 40113, 44701. Package 1 or 2 of Boeing Special Attention Flight Standards District Office, as Service Bulletin 747–30–2081, Revision 2, appropriate. If sending information directly § 39.13 [Amended] dated March 10, 2010: Except as provided by to the manager of the ACO, send it to the 2. The FAA amends § 39.13 by adding paragraph (j) of this AD, do the next detailed attention of the person identified in the inspection within 500 flight hours after the Related Information section of this AD. the following new airworthiness corrective action, and repeat the inspection directive (AD): Information may be e-mailed to: 9-ANM- thereafter at intervals not to exceed 6,000 [email protected]. The Boeing Company: Docket No. FAA– flight hours or 24 months, whichever occurs (2) Before using any approved AMOC, 2010–1115; Directorate Identifier 2010– later. Doing the replacement specified in notify your Principal Maintenance Inspector NM–221–AD. paragraph (k) of this AD terminates the or Principal Avionics Inspector, as repetitive inspection requirements of this appropriate, or lacking a principal inspector, Comments Due Date paragraph for the replaced flightdeck your local Flight Standards District Office. (a) We must receive comments by January window 1. 3, 2011. Related Information Exceptions to the Service Bulletin (n) For more information about this AD, Affected ADs (i) If, during the inspection required by contact Louis Natsiopoulos, Aerospace (b) None. paragraph (g) of this AD, a screw is found cross threaded do the applicable corrective Engineer, Systems and Equipment Branch, Applicability action specified in paragraph (i)(1) or (i)(2) of ANM–130S, FAA, Seattle Aircraft (c) This AD applies to The Boeing this AD. Certification Office, 1601 Lind Avenue SW., Company Model 747–100, 747–100B, 747– (1) If the terminal lug is loose and cannot Renton, Washington 98057–3356; telephone: 100B SUD, 747–200B, 747–200C, 747–200F, be tightened: Before further flight, replace the (425) 917–6478; fax: (425) 917–6590; e-mail: 747–300, 747–400, 747–400D, 747–400F, window, in accordance with the [email protected]. 747SR, and 747SP series airplanes, Accomplishment Instructions of Boeing (o) For service information identified in certificated in any category; as identified in Special Attention Service Bulletin 747–30– this AD, contact Boeing Commercial Boeing Special Attention Service Bulletin 2081, Revision 2, dated March 10, 2010. Airplanes, Attention: Data & Services 747–30–2081, Revision 2, dated March 10, (2) If the terminal lug is tight: Within 150 Management, P. O. Box 3707, MC 2H–65, 2010. days or 500 flight hours after the inspection, Seattle, Washington 98124–2207; telephone whichever occurs first, replace the window, 206–544–5000, extension 1; fax 206–766– Subject in accordance with the Accomplishment 5680; e-mail [email protected]; (d) Joint Aircraft System Component Instructions of Boeing Special Attention Internet https://www.myboeingfleet.com. You (JASC)/Air Transport Association (ATA) of Service Bulletin 747–30–2081, Revision 2, may review copies of the referenced service America Code 30: Ice and rain protection. dated March 10, 2010. information at the FAA, Transport Airplane (j) Where paragraph 1.E. of Boeing Special Directorate, the FAA, 1601 Lind Avenue, Unsafe Condition Attention Service Bulletin 747–30–2081, SW., Renton, Washington. For information (e) This AD results from several reports of Revision 2, dated March 10, 2010, states in on the availability of this material at the electrical arcs at the terminal blocks of the the ‘‘Action’’ column to ‘‘do the inspections FAA, call 425–227–1221.

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Issued in Renton, Washington, on 9 a.m. and 5 p.m., Monday through Authority for This Rulemaking November 10, 2010. Friday, except Federal holidays. The FAA’s authority to issue rules on Jeffrey E. Duven, • Fax: Fax comments to Docket aviation safety is found in Title 49 of the Acting Manager, Transport Airplane Operations at 202–493–2251. United States Code. Subtitle I, Section Directorate, Aircraft Certification Service. For more information on the 106 describes the authority of the FAA [FR Doc. 2010–29236 Filed 11–18–10; 8:45 am] rulemaking process, see the Administrator. Subtitle VII, Aviation BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION section of Programs, describes in more detail the this document. scope of the agency’s authority. Under Subtitle VII, Part A, Subpart iii, DEPARTMENT OF TRANSPORTATION Privacy: The FAA will post all Section 44703(b)(1)(C), the FAA may comments received, without change, to define the terms of an airman certificate Federal Aviation Administration http://www.regulations.gov, including the FAA Administrator finds necessary any personal information you provide. to ensure safety in air commerce. 14 CFR Parts 61 and 183 Using the search function of our docket Additionally, Subtitle VII, Part A, [Docket No. FAA–2010–1127; Notice No. Web site, anyone can find and read the Subpart iii, Section 44703(g)(1) permits 2010–16] electronic form of all comments modifications to the airman certification received into any of our dockets, RIN 2120–AJ42 system to make the system more including the name of the individual efficient in serving the needs of those sending the comment (or signing the Photo Requirements for Pilot enforcing laws related to combating acts comment for an association, business, Certificates of terrorism by ensuring verifiable labor union, etc.). You may review identification of individuals applying AGENCY: Federal Aviation DOT’s complete Privacy Act Statement for airman certificates. In Section 4022 Administration (FAA), DOT. in the Federal Register published on of the Intelligence Reform and ACTION: Notice of proposed rulemaking April 11, 2000 (65 FR 19477–78) or you Terrorism Prevention Act of 2004 (NPRM). may visit http://DocketsInfo.dot.gov. (IRTPA),1 Congress required the FAA to Docket: To read background promulgate regulations for the issuance SUMMARY: This action would require a documents or comments received, go to of improved pilot licenses. person to carry a pilot certificate with http://www.regulations.gov at any time This rulemaking is within the scope photo to exercise the privileges of the and follow the online instructions for of that authority because it prescribes pilot certificate. This proposal responds accessing the docket, or go to the Docket the inclusion of a photo of the pilot on to section 4022 of the Intelligence Operations in Room W12–140 of the the pilot certificate in accordance with Reform and Terrorism Prevention Act West Building Ground Floor at 1200 the IRTPA mandate. This rulemaking (IRTPA). The FAA previously required New Jersey Avenue, SE., Washington, aids in preventing terrorism and in all pilots to obtain a plastic certificate DC, between 9 a.m. and 5 p.m., Monday ensuring safety in air commerce by (excepting temporary certificates and through Friday, except Federal holidays. issuing certificates that conform to the student pilot certificates). This proposal IRTPA requirements. furthers the fulfillment of IRTPA by FOR FURTHER INFORMATION CONTACT: For requiring a photo of the pilot to be on technical questions concerning this Background all pilot certificates. The FAA also proposed rule contact Lance Nuckolls, On March 12, 1990, the FAA proposes to require student pilots to Certification and General Aviation published the Drug Enforcement obtain a plastic certificate with photo. Operations Branch, AFS–810, Flight Assistance notice of proposed Student pilot certificates would also Standards Service, Federal Aviation rulemaking (55 FR 9270). That NPRM have the same duration as other pilot Administration, 800 Independence proposed changes to requirements for certificates. Additionally, because of the Avenue, SW., Washington, DC 20591; registration of aircraft, certification of new photo requirements, this proposal telephone (202) 267–8212; facsimile pilots, and certification violations. The modifies the application process and the (202) 267–5094, e-mail FAA intended this proposal to correct fee structure for pilot certificates. [email protected]. For legal deficiencies in the FAA’s aircraft questions concerning this proposed rule DATES: Send your comments on or registration and pilot certification contact Robert Hawks, Air Traffic and before February 17, 2011. systems identified in the Federal Airman/Airport Certification Law Aviation Administration Drug ADDRESSES: You may send comments Branch, AGC–240, Office of the Chief identified by Docket Number FAA– Enforcement Assistance Act of 1988 Counsel, Federal Aviation (‘‘the DEA Act’’).2 After the close of the 2010–1127 using any of the following Administration, 800 Independence methods: comment period, the FAA determined • Avenue, SW., Washington, DC 20591; that technological improvements could Federal eRulemaking Portal: Go to telephone (202) 267–7143; facsimile http://www.regulations.gov and follow accomplish most requirements of the (202) 267–7971, e-mail DEA Act. The FAA withdrew the NPRM the online instructions for sending your [email protected]. comments electronically. on December 5, 2005 (70 FR 72403). As part of the technological • Mail: Send comments to Docket SUPPLEMENTARY INFORMATION: Later in improvements, the FAA discontinued Operations, M–30; U.S. Department of this preamble under the Additional issuing paper certificates and began Transportation, 1200 New Jersey Information section is a discussion of issuing plastic airman certificates in Avenue, SE., Room W12–140, West how you can comment on this proposal 2003. The plastic certificates are of high Building Ground Floor, Washington, DC and how the FAA will handle your quality plastic card stock and have 20590–0001. comments. Included in this discussion micro printing that contains certain • Hand Delivery or Courier: Take is related information about the docket, comments to Docket Operations in privacy, the handling of proprietary or 1 Public Law 108–458, 118 Stat. 3638 (Dec. 17, Room W12–140 of the West Building confidential business information, and 2004). Ground Floor at 1200 New Jersey accessing related rulemaking 2 Public Law 100–690, 102 Stat. 4181 (Nov. 18, Avenue, SE., Washington, DC, between documents. 1988).

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words and phrases, a hologram, and an agencies to reduce potential special purpose pilot authorizations, UV-sensitive layer to resist tampering, redundancies or duplication in Federal foreign pilot licenses, or limited-term altering, and counterfeiting. certification, vetting, and credentialing facsimile pilot certificates still must On January 5, 2007, the FAA processes. If the TSA issues a final rule carry government-issued photo published the Drug Enforcement regarding airman security vetting, the identification. Finally, the FAA Assistance notice of proposed FAA may issue conforming proposes minor editorial changes, rulemaking (‘‘the 2007 DEA NPRM’’) (72 requirements in any final rule resulting including some changes to section FR 489). That NPRM proposed changes from this proposal, subsequent to a numbering, to improve ease of use. to the airman certification and aircraft supplemental notice of proposed The following sections discuss in registration requirements to comply rulemaking, or as part of a new greater detail the proposals related to with the mandates of the DEA Act that rulemaking project, depending on the the fees for issuing or replacing a pilot could not be completed without scope and timing of the TSA’s actions. certificate with photo, the rulemaking. Among other requirements, implementation approach, applying for the NPRM proposed requiring holders of Discussion of the Proposal a pilot certificate with photo, photo pilot certificates and other airmen The FAA proposes to further fulfill requirements, duration of pilot certificates to hold a plastic certificate to the requirements of section 4022 of the privileges for pilot certificates with exercise the privileges of that certificate. IRTPA by requiring a photo of the pilot photos, student pilot certificates, and While the FAA was developing the on all plastic pilot certificates. This other issues. 2007 DEA NPRM, IRTPA became law proposal also requires student pilots to and added to the FAA’s obligations have a plastic certificate with photo in Fees for Issuing or Replacing a Pilot regarding pilot certificates. Section 4022 order to exercise student pilot Certificate With Photo of IRTPA requires the FAA to issue privileges. The FAA would continue to Currently, the FAA charges a $2 fee to improved pilot certificates that (1) are allow the use of a paper temporary pilot replace a lost or destroyed airman resistant to tampering, alteration, or certificate when upgrading a pilot certificate. There is no charge for counterfeiting; (2) include a photograph certificate (such as going from a student issuing, upgrading, or adding ratings to of the individual to whom the certificate to a sport, recreational, or private pilot an airman certificate. 14 CFR 61.29(a). is issued; and (3) are capable of certificate) or adding a rating (such as an Although the FAA has statutory accommodating a digital photograph, a instrument rating). However, the authority to charge a fee for issuing a biometric identifier, or any other unique temporary paper certificate evidencing pilot certificate, the FAA previously has identifier the FAA Administrator the added authority must be not exercised that authority. 49 U.S.C. considers necessary. accompanied by the underlying pilot 45302. That authority permits the FAA On February 28, 2008, the FAA certificate with photo. to charge a maximum fee of $22.00 published the Drug Enforcement The FAA proposes a 5-year phased ($12.00 adjusted according to the Assistance final rule (‘‘the DEA final implementation schedule. This Consumer Price Index of All Urban rule’’) (73 FR 10662). In that rule, the schedule includes a ‘‘trigger-based’’ Consumers published by the Secretary FAA required all pilots, except student approach to issue pilot certificates with of Labor). 49 U.S.C. 45302(b)–(c). pilots, to obtain a plastic certificate by photos to people interacting with the Congress required the FAA to change March 31, 2010. After that date, pilots FAA during the implementation period. from issuing paper pilot certificates to without plastic certificates may not The schedule also includes a ‘‘non- issuing plastic certificates with photos exercise the privileges of their trigger-based’’ approach that requires and other security measures.3 The cost certificates. The FAA continued the use pilots to obtain a pilot certificate with of issuing these new certificates is of paper temporary pilot certificates and photo during a 3-, 4-, or 5-year period substantial. To recover some of these student pilot certificates. The DEA final depending on the type of certificate. costs, the FAA proposes to exercise its rule also satisfies the IRTPA This proposal would not revoke or statutory authority to collect a fee when requirement to issue pilot certificates otherwise cancel a previously issued issuing a pilot certificate with a photo that are resistant to tampering, paper or plastic certificate. It simply and other security features. alteration, and counterfeiting. would require the pilot to have a pilot Specifically, the FAA proposes to certificate with photo to exercise pilot charge a $22 fee to process an Other Airman Certificate-Related privileges. application for: (1) Exchanging an Rulemaking Activity The FAA proposes to add a new existing certificate without a photo for Currently, the Department of § 61.6 to prescribe the requirements a certificate with photo; (2) issuing a Homeland Security’s Transportation related to a pilot certificate with photo. new pilot certificate or student pilot Security Administration (TSA) is This proposal also amends the certificate; and (3) replacing a pilot engaged in ongoing efforts to improve application process in § 61.85 to require certificate with photo whenever a identification, credentialing, and submission of a photo with an replacement certificate is requested by a security vetting of persons involved in application for a pilot certificate. The pilot or required by regulation. transportation (49 U.S.C. 44903). Under FAA also proposes to modify the fee Examples of events which would existing FAA programs, the TSA uses structure related to an application for a require a replacement certificate include information from the Airman Registry to pilot certificate with photo to recover renewing expired photos, achieving new crosscheck certification records against some costs associated with issuing a ratings or certificate levels, changing a variety of terrorism-related databases. pilot certificate with photo. The FAA name or citizenship information, and Currently, the TSA is considering a also proposes to amend § 61.3 to remove replacing lost or destroyed certificates. rulemaking to improve security vetting the requirement to carry a separate As shown in the regulatory evaluation, of airman certificate holders and government-issued photo identification the $22 fee does not recover fully the applicants for airman certificates. In the for persons carrying a pilot certificate cost of issuing pilot certificates, but the interest of reducing burdens on the with photo. The FAA has determined FAA may not exceed its statutory certificate holder and government, the two photo identifications are authority to recover costs. Accordingly, FAA will continue to consult and unnecessary and do not serve a safety or collaborate with TSA and other Federal security interest. However, persons with 3 IRTPA § 4022(b).

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the FAA proposes to include this fee certificate with photo for the underlying proposes to add this implementation schedule for a pilot certificate with pilot certificate. The FAA does not schedule to § 61.19. photo in the new § 61.6. propose requiring all persons requesting Applying for a Pilot Certificate With The FAA also proposes to adjust this replacement pilot certificates during the Photo fee periodically to correspond with implementation period to apply for a changes in the Consumer Price Index, as pilot certificate with photo. However, The FAA would require a pilot to permitted by 49 U.S.C. 45302(c). Any replacement activity requiring an in- submit an application for a new or fee adjustment would not occur more person interaction with the FAA (for replacement pilot certificate with than once a year and would not exceed example, change of name, citizenship, photos in person in certain cases. For the FAA’s cost for issuing a certificate. date of birth, or gender) would be a these in-person applications, a pilot Any calculation of issuance cost would triggering event. The FAA proposes to must appear at a FSDO or other FAA be performed in the same manner as require pilots interacting with the FAA designee (such as a Knowledge Testing that performed for this proposed rule. during one of these triggering events to Center or designated pilot examiner The Federal Aviation Administration provide a photo with the application. (DPE)). All certificate holders applying Reauthorization bill (H.R. 915), if These pilots would not be subject to the for a pilot certificate for the first time enacted as passed by the House of proposed phase-in requirements would submit that application in person Representatives on May 21, 2009, would because they would already comply for purposes of identity verification. provide authority to increase fees for with the proposed rule. After a person holds a pilot certificate airman certificates. This legislation Because not all pilots will have a with photo, there would be certain would allow the FAA to recover the triggering event during the situations for which an in-person costs related to airman certification, and implementation period, the FAA application is required. If the photo would expire within 90 days of the the legislation sets the fee for issuing an proposes a phased approach for application, a pilot would submit the airman certificate at $50 and for issuing requiring an application for a pilot application in person. A pilot changing a replacement airman certificate at $25. certificate with photo. A pilot with an vital information on the certificate, such Once the outcome of the reauthorization airline transport pilot (ATP) certificate legislation is known, the FAA would as name, date of birth, citizenship, or would have 3 years after the final rule decide whether additional rulemaking is gender, would still be required to apply becomes effective to obtain a pilot necessary. in person so the FAA could verify the certificate with photo. A person with a Since this proposal would require in- applicant’s identity. Finally, a pilot who commercial pilot certificate would have person identity verification, the FAA upgrades his or her certificate or adds a 4 years after the effective date of the anticipates allowing designees to accept rating would still apply for a new and verify applications for pilot final rule. Finally, a private, certificate in person. certificates with photos to lessen the recreational, or sport pilot certificate A pilot who wants to add or update inconvenience to certificate holders and holder would have 5 years after the the photo on the certificate may do so new applicants. The FAA anticipates effective date of the final rule. Pilots using one of two methods. The first that designees would charge a fee, in who do not obtain a certificate with method would be to submit a paper addition to the fee charged by the FAA, photo during the appropriate period photo with a paper 8710–1 Airman to accept and verify the applications. would not be able to exercise pilot Certificate and/or Rating Application The FAA cannot set or limit fees privileges after the cut-off date. form. The second method would be to charged by designees. This fee likely The FAA chose different cut-off dates use the Web-based Integrated Airman would be independent of any fee based on certificate level to provide the Certificate and/or Rating Application charged by a designee for testing most time for private, sport, and (IACRA) form. However, regardless of services provided to the applicant. recreational pilots. Those pilots are the the method used, a pilot must appear in- least likely to have regular contact with person to either a FSDO or any Implementation Approach the FAA. ATP and commercial pilot authorized FAA-designee to have his or The FAA would begin issuing a pilot certificate holders usually have more her photo and identification validated certificate with photo to an applicant for regular contact with the FAA than other whenever a photo is required as part of a new pilot certificate once the rule types of pilots. the application. Currently, the FAA becomes effective. For the FAA to The FAA believes that these periods operates 96 FSDOs in the U.S. and has comply with IRPTA, it must reissue all are reasonable to allow for the timely approximately 2,700 designees existing pilot certificates with a pilot replacement of pilot certificates. The worldwide that can process applications certificate with photo. To minimize the phased implementation approach for pilot certificates with photo. A pilot burden of reissuance on certificate balances the FAA’s ability to receive residing outside of the U.S. must use an holders, the FAA proposes a concurrent and process applications for FAA-designee who is authorized to ‘‘trigger-based’’ and ‘‘non-trigger-based’’ replacement certificates and to maintain service his or her area. Alternately, the implementation approach. the FAA’s existing range of services. pilot may come to the U.S. and use any Many pilots already would interact The FAA assumes that applications FAA-designee or FSDO. with the FAA during the would be evenly spread throughout the In some cases, the FAA would allow implementation period of this proposed implementation period. If all pilots wait a pilot to submit an application for a rule because of a ‘‘triggering event.’’ until close to the end of the period to pilot certificate with photo by mail. They would be required to apply for a apply for the certificate, there These instances would not require an pilot certificate with photo as a result of undoubtedly would be delays in in-person application because the pilot that interaction. One triggering event processing and receipt of the new has established his or her identity with would be applying for a new pilot certificate. A pilot may apply for a the FAA, and the changes to the certificate or rating, including a student certificate with photo after the specific certificate do not affect the pilot’s pilot certificate. A pilot obtaining a new implementation period ends, but he or identity. For example, a pilot could flight instructor certificate or renewing she would not be able to exercise pilot submit an application to replace a lost a flight instructor certificate would also privileges until he or she has a pilot or destroyed certificate with photo be required to apply for a pilot certificate with photo. The FAA without an in-person interaction.

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Additionally, a pilot could notify the identity and taking digital photos. the month in which the FAA issues the FAA of a change of address by mail or Currently there are two major testing pilot certificate. The FAA also proposes via the FAA website. Although not companies that are authorized to to place the photo expiration date on the required by regulation, the pilot could perform knowledge testing for the FAA pilot certificate with photo to remind request a replacement certificate when via Knowledge Testing Centers. These certificate holders of when a new photo making the change of address. When testing centers are located to serve a must be submitted. requesting a replacement pilot wide geographic range (approximately Under this proposal, it would be the certificate with photo in these 960 nationwide centers and 9 pilot’s responsibility to apply for a situations, the pilot must have a photo international locations). Usually, people replacement certificate and provide a on file that does not expire within 90 do not have to travel more than 100 new, current photo before the photo days of the application. miles to get to a testing center. expiration date. It is important to note The third method to acquire a digital that the issuance of a pilot certificate Photo Requirements photo would be for an applicant to go with photo could take up to 6 to 8 The FAA proposes a new § 61.6 to to a DPE or a FSDO that has the weeks. Therefore, a pilot should plan to prescribe the photo requirements for capability to take digital photos. submit an application, with a new pilot certificates. The FAA would Currently, FSDOs have this capability, photo, well before the photo expiration require an applicant to submit a 2 x 2- but DPEs do not. However, the FAA date on the current pilot certificate. If inch photo with the application. The anticipates they would have this the photo expiration date passes before photo must be unretouched and in capability in the future. the pilot receives a replacement pilot color. The photo must be of only the certificate with photo, the FAA would Duration of Pilot Privileges for a Pilot applicant and must have been taken not issue temporary privileges, and the Certificate With Photo within the last six months. It also must pilot could not exercise pilot privileges. show a full front view of the applicant’s Because the accuracy of a photo For applications received in the 180 face in such a way that the area from the degrades over time, the FAA proposes to days before the photo expiration date, bottom of the applicant’s chin to the top include a photo expiration date on the the FAA would issue a certificate with of the applicant’s head (including hair) pilot certificate with photo. As under a photo expiration date that is 8 years covers more than 50 percent but not current regulations, the actual pilot from the previous certificate’s photo more than 75 percent of the total area certificate would not expire but would expiration date. If a pilot requests of the photo. The photo must show the remain valid unless surrendered, changes to a certificate, such as applicant in front of a plain light- suspended, or revoked. However, the changing the certificate level or adding colored background and in normal street pilot may not exercise the privilege of a rating, the FAA would issue a new attire. If an applicant chose to wear a the certificate after the photo expiration certificate with the current photo on pilot uniform, the FAA would consider date. Therefore, the pilot must renew file. That certificate would have the that applicant to be wearing normal the photo in order to continue to same photo expiration date as the street attire, provided the photo did not exercise the pilot privileges of the certificate that it is replacing. However, show the applicant wearing a hat, head certificate past the photo expiration if a pilot wishes to submit a new photo, covering, or dark glasses as prescribed date. the FAA would issue a certificate with in § 61.6. These requirements are The FAA considered different photo a photo expiration date of 8 years from consistent with Department of State durations, specifically an 8-year the month of issue. If the photo would guidelines for passport photos. duration (similar to that required by the expire within the next 90 days, the pilot Therefore, an applicant for a pilot Real ID Act) and a 10-year duration must submit a new photo with the certificate with photo should be able to (similar to that used for passports). The application for a certificate. obtain the required photo from any Real ID Act of 2005 4 imposes certain Student Pilot Certificates passport photo vendor. security, authentication, and issuance At this time, the FAA is prepared to procedure standards for state driver’s The FAA includes student pilot accept only a hard copy of a photo, licenses and identification cards for certificates in this proposal to meet the similar to the Department of State’s them to be accepted by the federal IRTPA requirements that apply to all passport model. In the future, however, government for official purposes. The pilot certificates. The Drug Enforcement the FAA anticipates accepting a digital FAA acknowledges that the Real ID Act Assistance final rule, which required photo. The FAA would revise its does not require the FAA to set any plastic pilot certificates, did not include guidance material as technology specific duration with respect to a pilot student pilot certificates. Therefore, the advances and additional methods are certificate with photo. The Department FAA proposes to require all student available for photo submission. of State traditionally has issued pilot certificates to be made of plastic Currently the FAA is considering passports that are valid for 10 years. and include a photo of the certificate three methods of acquiring a digital This practice was established well holder. As a result, only the FAA’s photo. One way would be for an before the Real ID Act became law and Airman Certification Branch (AFS–760) applicant to upload a digital photo into was established in response to different would issue student pilot certificates. FAA’s Integrated Airman Certificate concerns than those to which the Real The FAA proposes to discontinue use and/or Rating Application (IACRA) sub- ID Act responds. The FAA proposes an of an Aviation Medical Examiner (AME) system. IACRA is an Internet-based 8-year duration. This duration is for the application and issuance of a database program providing a fully- consistent with the Real ID Act, which student pilot certificate. Currently, electronic method of applying for an is Congress’s latest expression on the AMEs may issue both a medical airman certificate or rating. IACRA can appropriate period of validity for certificate and a student pilot certificate accommodate submission of digital government identification. The FAA (often referred to as a combination images. proposes to amend § 61.19 to prescribe certificate). Except in the case of glider, The second method to acquire a a photo expiration date of 8 years after balloon, and light sport aircraft, a digital photo would be for an applicant student pilot’s first contact with the to go to a Knowledge Testing Center, 4 Public Law 109–13, 119 Stat. 231 (May 11, FAA usually is through an AME because which is a logical venue for verifying 2005). of the medical certificate requirement. It

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is convenient for a student pilot to month of issuance. This duration is grounded. The FAA has concluded that apply for a student pilot certificate at consistent with the duration of other grounding a pilot for an extended time the same time as for a medical pilot certificates because the FAA has period is unnecessary. The FAA would certificate. However, under this concluded there is no purpose to treat the facsimile pilot certificate as a proposal, student pilots must obtain a treating student pilot certificates special purpose pilot authorization that student pilot certificate with photo. differently from other pilot certificates. may be used in conjunction with a Because an AME’s principal function is A student pilot would not be able to government-issued photo identification to perform the medical evaluation, the exercise the privileges of the certificate under § 61.3. This treatment would FAA has determined that it is after the photo expiration date unless he allow a pilot whose identity has been inappropriate to burden the AME with or she submitted a new photo. certified by the FAA to continue to information-gathering and photo- A student pilot certificate issued prior exercise pilot privileges while allowing verification duties. Accordingly, under to the effective date of this rule would security agencies to verify the pilot’s this proposal, a person wishing to continue to be valid until the expiration identity against a government-issued obtain a student pilot certificate would date shown on the face of that identification. still obtain a medical certificate from an certificate. If a person wishes to obtain Comments Invited AME; however, that person may not a replacement student pilot certificate, apply for a student pilot certificate with he or she may apply for a student pilot The FAA is specifically interested in an AME. A student pilot would obtain certificate with photo. Because student receiving comments on the following a student pilot certificate with photo pilot certificates currently expire after questions: that is issued by the FAA Airman either 24 or 60 months, all student (1) While this proposal does not Certification Branch (AFS–760) prior to pilots would be using a student pilot outline specific identity verification conducting solo flights. The FAA certificate with photo before the end of standards and processes, the FAA may include such standards and processes in proposes to amend § 61.85 to prescribe the 5-year implementation period a final rule. The FAA seeks comment on the application process for student pilot established by this proposal for standards that should be used for certificates and § 183.21 to relieve AMEs obtaining a pilot certificate with photo. identity verification to issue pilot photo from issuing student pilot certificates. The FAA also proposes to make certificates, either in person or remotely. Also, under this proposal, Designated conforming changes regarding the Should the FAA require applicants to Pilot Examiners (DPEs) no longer would placement of solo flight endorsements produce fraud-resistant documents to issue student pilot certificates. on student pilot certificates. Because it verify identity? If so, which documents However, DPEs would be authorized to is not possible to make the currently- or other identity verification procedures accept an application for a student pilot required solo flight endorsements on a certificate. In addition, designated should the FAA implement to ensure a plastic student pilot certificate, the FAA high level of confidence in the knowledge testing centers, designated proposes to amend §§ 61.87, 61.93, and airmen certification representatives, verification process? 61.133 to require that those (2) Should the FAA consider an local Flight Standards District Offices endorsements be made in only the (FSDOs), and International Field Offices alternative implementation approach to student pilot’s logbook. The FAA also the ‘‘trigger’’ and ‘‘non-trigger’’ approach would be authorized to accept an proposes to amend §§ 61.189 and 61.195 application for a student pilot set forth in the proposal? Should the to require flight instructors to place FAA set one deadline, regardless of certificate. those endorsements in only the student Because the student pilot certificate certificate level, for pilots to have a pilot pilot’s logbook. The FAA proposes to would be issued by the FAA’s Airmen certificate with photo to exercise the amend § 61.13(a)(2)(i)(A) so that it Certification Branch instead of by privileges of that certificate rather than Aviation Safety Inspectors or FAA would apply to an application for a implement the phased ‘‘non-trigger’’ designees, student pilots, instructors, student pilot certificate because student approach set forth in this proposal? and pilot schools should plan pilot certificates would be issued only What is the basis and supporting data accordingly for the additional time it by the FAA Airman Certification Branch for a single deadline? If the FAA were would take to receive a plastic student (AFS–760). to implement a single deadline, what pilot certificate with photo. At this time, Other Issues time period for conversion to a pilot the FAA estimates that it could take up certificate with photo adequately Currently § 61.29(e) allows a person to to 6 to 8 weeks for the FAA to issue a balances the FAA’s need to comply with obtain a facsimile airman certificate 5 if student pilot certificate. As under the the statutory mandate and the burden the original certificate is lost or current regulations, students still can on certificate holders? Would destroyed. The FAA Airman receive instruction, but they may not lengthening the implementation period Certification Branch issues facsimile engage in solo flight before receiving a significantly reduce burden on a pilot? certificates so that an airman may student pilot certificate. What is the basis and supporting data continue to exercise privileges until a Currently, a student pilot certificate for a longer time period? expires either 24 or 60 calendar months replacement pilot certificate is issued. (3) Currently, the FAA envisions after issuance depending on the age of This facsimile is valid for 60 days. using Knowledge Testing Centers, DPEs, the student pilot or on the rating sought. Although this facsimile does not meet and FSDOs to accept pilot certificate Because of the proposed change in the IRTPA requirements, the FAA applications and validate applicant procedure to obtain a student pilot proposes to leave the facsimile identity. Are there alternative, certificate, the FAA proposes to issue provision unchanged. The replacement potentially less burdensome, methods student pilot certificates that do not of a pilot certificate with photo would for pilots within the U.S. and outside of expire. Like other pilot certificates, a take up to 6 to 8 weeks during which the U.S. the FAA should consider? In student pilot certificate would remain time a pilot effectively would be addition, what should the FAA consider valid unless surrendered, suspended, or when designating service providers with 5 Currently, the Airman Certification Branch revoked. However, the student pilot issues a paper temporary certificate, a faxed identity verification authority? certificates would have a photo temporary authority, or an e-mail temporary (4) Is the proposed 8-year duration for expiration date of 8 years after the authority. the photo, based on the photo duration

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for state driver’s licenses under the Real Paperwork Reduction Act collection requirements of FAA Form ID Act, a reasonable period of time that This proposal contains the following 8710–1 ‘‘Airman Certificate and/or balances the security needs expressed in revisions to existing information Rating Application’’ (OMB Approval IRTPA and the burden on certificate collection requirements. As required by Number 2120–0021). holders? Are there other standards or the Paperwork Reduction Act of 1995, Use of: This proposed rule is in direct guidance for photo accuracy the FAA the FAA has submitted the information response to section 4022 of the should consider? What is the basis and requirements associated with this Intelligence Reform and Terrorism supporting data for a shorter or longer proposal to the Office of Management Prevention Act (IRTPA). This request for duration? and Budget for its review. See 44 U.S.C. clearance reflects requirements (5) Is there any reason why student 3507(d). necessary under Title 14 CFR part 61 to require a person to carry a pilot pilot certificates should not be treated Title: Photo Requirements for Pilot Certificates certificate with photo to exercise the like other pilot certificates for the Summary: This action would require privileges of the pilot certificate. The purposes of meeting the IRTPA a person to carry a pilot certificate with FAA will use the information it collects requirements? What is the basis and photo to exercise the privileges of the and reviews to ensure compliance and supporting data for your response? pilot certificate. This proposal responds adherence to regulations and, where (6) With respect to the photo that is to section 4022 of the Intelligence necessary, to take enforcement action on placed on the pilot certificate, should Reform and Terrorism Prevention Act violators of the regulations. the FAA accept only hard copy photos, (IRTPA). The FAA previously required Respondents (including number of): only digitally-captured photos, or either all pilots to obtain a plastic certificate The FAA estimates there are 740,442 hard copy or digitally-captured photos? (excepting temporary certificates and pilots who would be required to provide What is the basis and supporting data student pilot certificates), and after information in accordance with the for your response? March 31, 2010, all pilots must carry a proposed rule. The respondents to this plastic certificate. This proposal furthers (7) If the FAA accepts digitally- proposed information requirement are the fulfillment of IRTPA by requiring a pilots regulated under part 61. captured photos, what are the photo of the pilot to be on all pilot Frequency: The FAA estimates advantages and disadvantages of the certificates. The FAA also proposes to certificate holders will have a one-time following methods of acquiring the require student pilots to obtain a plastic information collection, and will then photo: (a) An applicant uploading a self- certificate with photo and treats student collect or report information captured photo to the IACRA sub- pilot certificates equally with other pilot occasionally thereafter. system; (b) a FSDO capturing the photo certificates for durational purposes. when the application is submitted; (c) a Additionally, because of the photo Annual Burden Estimate: This Knowledge Testing Center capturing the requirement on pilot certificates, this proposal would result in a 20-year photo when an application is submitted; proposal modifies the process for recordkeeping and reporting burden as and (d) a DPE capturing the photo when obtaining a pilot certificate and the fee follows: an application is submitted? What is the structure for processing an application Summary of time and costs (20-year): basis and supporting data for your for a pilot certificate with photo. This The following table sums up the costs response? revision affects the existing information and time:

Total cost Annual cost Total time Annual time

Pilot-related costs: Trigger—Initial Registration ...... $4,221,982 $211,099 82,923.34 4,146.17 Non-Trigger—Initial Registration ...... 191,555,276 9,577,764 3,521,734.67 176,086.73 Non-Trigger—Renewal ...... 149,053,511 7,452,676 2,740,341.74 137,017.09 Additional/Replacement ...... 9,654,806 482,740 363,509.25 18,175.46 Portals: KTC ...... 10,100,840 505,042 655,048.00 32,752.40 DPE ...... 17,545,925 877,296 233,945.67 11,697.28 FAA Contractor ...... 5,328,284 266,414 N/A N/A

Total ...... 387,460,624 19,373,031 7,597,502.66 379,875.13

The agency is soliciting comments automated, electronic, mechanical, or Washington, DC 20053, Attention: Desk to— other technological collection Officer for FAA. (1) Evaluate whether the proposed techniques or other forms of information According to the 1995 amendments to information requirement is necessary for technology. the Paperwork Reduction Act (5 CFR the proper performance of the functions Individuals and organizations may § 1320.8(b)(2)(vi)), an agency may not of the agency, including whether the send comments on the information collect or sponsor the collection of information will have practical utility; collection requirement by January 18, information, nor may it impose an (2) Evaluate the accuracy of the 2011 and should direct them to the information collection requirement agency’s estimate of the burden; address listed in the Addresses section unless it displays a currently valid OMB (3) Enhance the quality, utility, and at the beginning of this preamble. control number. The OMB control clarity of the information to be Comments also should be submitted to number for this information collection collected; and the Office of Information and Regulatory will be published in the Federal (4) Minimize the burden of collecting Affairs, OMB, New Executive Building, Register, after the Office of Management information on those who are to Room 10202, 725 17th Street, NW., and Budget approves it. respond, including by using appropriate

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International Compatibility (6) would not impose an unfunded Agencies must perform a review to In keeping with U.S. obligations mandate on state, local, or tribal determine whether a proposed or final under the Convention on International governments, or on the private sector by rule will have a significant economic Civil Aviation, it is FAA policy to exceeding the threshold identified impact on a substantial number of small comply with International Civil above. These analyses are summarized entities. If the determination is that it Aviation Organization (ICAO) Standards below. will, the agency must prepare a regulatory flexibility analysis as and Recommended Practices to the Summary maximum extent practicable. The FAA described in the RFA. However, if an agency determines that has determined that this rulemaking is In this analysis, the FAA estimated a proposed or final rule is not expected consistent with ICAO Standards and future costs for a 20-year period, from to have a significant economic impact Recommended Practices. 2010 through 2029. All costs in this analysis are in 2008 dollars. on a substantial number of small Regulatory Evaluation, Regulatory There are currently about 740,000 entities, section 605(b) of the 1980 act Flexibility Determination, International pilots and 93,000 CFIs that would be provides that the head of the agency Trade Impact Assessment, and covered by this proposal. Given future may so certify and a regulatory Unfunded Mandates Assessment projected growth in all pilot categories flexibility analysis is not required. The certification must include a statement Changes to Federal regulations must and given the requirement to renew providing the factual basis for this undergo several economic analyses. every 8 years, the FAA anticipates that determination, and the reasoning should First, Executive Order 12866 directs that the FAA would process 4.40 million photo IDs from 2010 to 2029. be clear. each Federal agency shall propose or A number of commercial pilots are Costs to pilots would sum to $445.8 adopt a regulation only upon a reasoned employed as crop dusters, as passenger million ($235.8 million, present value) determination that the benefits of the and freight charter operators, in aerial over the above 20-year period. This intended regulation justify its costs. photography and mapmaking includes the costs of the pilots Second, the Regulatory Flexibility Act businesses, in sightseeing businesses, providing hard copy photos and a Form of 1980 (Pub. L. 96–354) requires and/or in flight schools, many of which 8710–1 to a portal designee, either a agencies to analyze the economic are small businesses. The FAA does not impact of regulatory changes on small Knowledge Testing Center, Designated have data as to how many such pilots entities. Third, the Trade Agreements Pilot Examiner, or Flight Service District are employed in each of these Act (Pub. L. 96–39) prohibits agencies Office. These portals would incur costs businesses. While in a rural setting, the from setting standards that create of $33.2 million ($17.6 million, present entire process may take half a day, the unnecessary obstacles to the foreign value) to process this information and pilot would have large latitude in commerce of the United States. In pass it on to the Airman Registry at the choosing which day to get the developing U.S. standards, this Trade FAA. The FAA would incur costs of certificate. These types of small Act requires agencies to consider $239.8 million ($126.7 million, present, businesses are often seasonal, meaning international standards and, where value) to process the certificates. Total that in almost all cases, the pilot would appropriate, that they be the basis of costs, over 20 years, sum to $718.7 not have to miss a day of work in order U.S. standards. Fourth, the Unfunded million ($380.1 million, present value). to get a pilot certificate with photo. Mandates Reform Act of 1995 (Pub. L. This proposal responds to IRTPA by The cost impact to any one pilot and 104–4) requires agencies to prepare a requiring digital photos on all pilot to any business would not be large. The written assessment of the costs, benefits, certificates. Congress has mandated that average cost to a pilot in a ‘‘non-trigger’’ and other effects of proposed or final the FAA improve pilot licenses by event is higher than that of a ‘‘trigger’’ rules that include a Federal mandate including a photo on the license. The event as the time and mileage needs to likely to result in the expenditure by proposal requiring owners to personally be taken into account as well as the State, local, or tribal governments, in the appear before authorized persons and to portal costs. The average cost for a ‘‘non- aggregate, or by the private sector, of produce proof of identity including trigger’’ event is about $175. These $100 million or more annually (adjusted photo identification would be a commercial pilots would have a phase- for inflation with base year of 1995). significant help in the prevention of in period of 4 years and then would This portion of the preamble fraudulent and fictitious registration. have to renew every 8 years. Thus, over summarizes the FAA’s analysis of the Initial Regulatory Flexibility a 20-year period, such a pilot would economic impacts of this final rule. The Determination have to get 3 pilot certificates, for a cost FAA suggests readers seeking greater of about $375; the average annual cost detail read the full regulatory The Regulatory Flexibility Act of 1980 is $19, which is not a significant impact. evaluation, a copy of which is in the (RFA) establishes ‘‘as a principle of Therefore, the FAA certifies that this docket for this rulemaking. regulatory issuance that agencies shall proposed rule would not have a In conducting these analyses, FAA endeavor, consistent with the objective significant economic impact on a has determined that this rule: (1) Has of the rule and of applicable statutes, to substantial number of small entities. benefits that justify its costs, (2) is not fit regulatory and informational The FAA solicits comments regarding an ‘‘economically significant regulatory requirements to the scale of the this determination. action’’ but is a ‘‘significant regulatory business, organizations, and action’’ for other reasons as defined in governmental jurisdictions subject to International Trade Impact Statement section 3(f) of Executive Order 12866, regulation.’’ To achieve that principle, The Trade Agreements Act of 1979 (3) is ‘‘significant’’ as defined in DOT’s the RFA requires agencies to solicit and (Pub. L. 96–39), as amended by the Regulatory Policies and Procedures; (4) consider flexible regulatory proposals Uruguay Round Agreements Act (Pub. would not have a significant economic and to explain the rationale for their L. 103–465), prohibits Federal agencies impact on a substantial number of small actions. The RFA covers a wide-range of from establishing standards or engaging entities; (5) would not create small entities, including small in related activities that create unnecessary obstacles to the foreign businesses, not-for-profit organizations unnecessary obstacles to the foreign commerce of the United States; and and small governmental jurisdictions. commerce of the United States.

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Pursuant to these Acts, the Regulations That Significantly Affect identify the docket number, notice establishment of standards is not Energy Supply, Distribution, or Use number, or amendment number of this considered an unnecessary obstacle to The FAA has analyzed this NPRM rulemaking. the foreign commerce of the United under Executive Order 13211, Actions You may access all documents the States, so long as the standard has a Concerning Regulations That FAA considered in developing this legitimate domestic objective, such the Significantly Affect Energy Supply, proposed rule, including economic protection of safety, and does not Distribution, or Use (May 18, 2001). The analyses and technical reports, from the operate in a manner that excludes FAA has determined that it is not a internet through the Federal imports that meet this objective. The ‘‘significant energy action’’ under the eRulemaking Portal referenced in statute also requires consideration of executive order because it is not likely paragraph (1). international standards and, where to have a significant adverse effect on List of Subjects in 14 CFR Parts 61 and appropriate, that they be the basis for the supply, distribution, or use of 183 U.S. standards. The FAA has assessed energy. Aircraft, Airmen, Aviation safety, the potential effect of this proposed rule Additional Information Reporting and recordkeeping and determined that it would have only requirements, Security measures. a domestic impact and therefore would Comments Invited The Proposed Amendment not create unnecessary obstacles to the The FAA invites interested persons to foreign commerce of the United States. participate in this rulemaking by In consideration of the foregoing, the Unfunded Mandates Determination submitting written comments, data, or Federal Aviation Administration views on any issue raised in this proposes to amend Chapter I of Title 14, Title II of the Unfunded Mandates rulemaking. The FAA also invites Code of Federal Regulations, as follows: Reform Act of 1995 (the Act) requires comments relating to the economic, PART 61—CERTIFICATION: PILOTS, each Federal agency to prepare a written environmental, energy, or federalism FLIGHT INSTRUCTORS, AND GROUND statement assessing the effects of any impacts that might result from adopting INSTRUCTORS Federal mandate in a proposed or final the proposals in this document. The agency rule that may result in an most helpful comments reference a 1. The authority citation for part 61 expenditure of $100 million or more specific portion of the proposal, explain continues to read as follows: the reason for any recommended (adjusted annually for inflation) in any Authority: 49 U.S.C. 106(G), 40113, 44701– one year by State, local, and tribal change, and include supporting data. To 44703, 44707, 44709–44711, 45102–45103, governments, in the aggregate, or by the ensure the docket does not contain 45301–45302. duplicate comments, please send only private sector; such a mandate is 2. Amend § 61.3 by revising one copy of written comments, or if you deemed to be a ‘‘significant regulatory paragraphs (a), (d)(2)(iv), and paragraph are filing comments electronically, action.’’ The FAA currently uses an (l) introductory text to read as follows: inflation-adjusted value of $136.1 please submit your comments only one million in lieu of $100 million. time. § 61.3 Requirement for certificates, All comments received will be filed in ratings, and authorizations. This proposed rule does not contain the docket, as well as a report (a) Pilot certificate. (1) A person may such a mandate. The requirements of summarizing each substantive public not serve as a required pilot flight Title II do not apply. contact with FAA personnel concerning crewmember of a civil aircraft of the Executive Order 13132, Federalism this proposed rulemaking. Before acting United States, unless that person: on this proposal, the FAA will consider (i) Has a pilot certificate issued under The FAA has analyzed this proposed all comments it receives on or before the this part and in accordance with § 61.19; rule under the principles and criteria of closing date for comments. The FAA (ii) Has a special purpose pilot Executive Order 13132, Federalism. The will consider comments filed after the authorization issued under § 61.77; FAA has determined that this action comment period has closed if it is (iii) Has a temporary certificate issued would not have a substantial direct possible to do so without incurring under § 61.17; effect on the States, on the relationship expense or delay. The FAA may change (iv) Has a facsimile certificate issued between the national Government and this proposal in light of the comments under § 61.29; or the States, or on the distribution of received. (v) When operating an aircraft within a foreign country, has a pilot license power and responsibilities among the Availability of Rulemaking Documents various levels of government, and, issued by that country. (2) The pilot certificate or special therefore, would not have federalism You can get an electronic copy of authorization must be in the person’s implications. rulemaking documents using the Internet by— physical possession or readily Environmental Analysis 1. Searching the Federal eRulemaking accessible in the aircraft when Portal (http://www.regulations.gov); exercising the privileges of that pilot FAA Order 1050.1E identifies FAA 2. Visiting the FAA’s Regulations and certificate or authorization. actions that are categorically excluded Policies Web page at http:// (3) If the pilot certificate or from preparation of an environmental www.faa.gov/regulations_policies/; or authorization is not a pilot certificate assessment or environmental impact 3. Accessing the Government Printing with photo, a person may not serve as statement under the National Office’s Web page at http:// a required pilot flight crewmember of a Environmental Policy Act in the www.gpoaccess.gov/fr/index.html. civil aircraft of the United States, unless absence of extraordinary circumstances. You can also get a copy by sending a that person has a photo identification in The FAA has determined this proposed request to the Federal Aviation that person’s physical possession or rulemaking action qualifies for the Administration, Office of Rulemaking, readily accessible in the aircraft when categorical exclusion identified in ARM–1, 800 Independence Avenue, exercising the privileges of that pilot paragraph 312f and involves no SW., Washington, DC 20591, or by certificate or authorization. The photo extraordinary circumstances. calling (202) 267–9680. Make sure to identification must be a:

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(i) Driver’s license issued by a State, 75 percent of the total area of the photo; (A) Application for student pilot the District of Columbia, or a territory or and certificate that is received outside the possession of the United States; (iii) Show the applicant in front of a United States; or (ii) Government identification card plain light-colored background and in * * * * * issued by the Federal government, a normal street attire, without a hat, head 5. Amend § 61.19 by revising State, the District of Columbia, or a covering, or dark glasses unless a signed paragraphs (a), (b), and (c), and (g) to territory or possession of the United statement is submitted by the applicant read as follows: States; verifying the item is worn daily for (iii) U.S. Armed Forces’ identification religious purposes or a signed doctor’s § 61.19 Duration of pilot and instructor card; statement is submitted verifying the certificates and privileges. (iv) Official passport; item is used daily for medical purposes. (a) General. (1) Except for a student (v) Credential that authorizes (2) A photo provided with an pilot certificate or flight instructor unescorted access to a security application for a pilot certificate or certificate issued with an expiration identification display area at an airport rating must measure 2 x 2 inches in size. date, a pilot certificate is valid unless it regulated under 49 CFR part 1542; or (c) Application for new or is surrendered, suspended, or revoked. (vi) Other form of identification that replacement pilot certificate with photo. (2) A pilot certificate with photo is the Administrator finds acceptable. (1) A photo of the applicant that issued with a photo expiration date after which the holder of the certificate may * * * * * conforms to the requirements prescribed not exercise the privileges of that (d) * * * in paragraph (b) of this section must certificate. (2) * * * accompany each application for a new (b) Paper student pilot certificate. A (iv) Endorse a logbook for solo or replacement pilot certificate with student pilot certificate issued under operating privileges. photo unless the applicant previously submitted a photo and that photo has this part prior to [effective date of final * * * * * not expired or will not expire within 90 rule] expires: (l) Inspection of certificate. Each days of the application. (1) For student pilots who have not person who holds an airman certificate, (2) An applicant for a pilot certificate reached their 40th birthday, 60 calendar medical certificate, authorization, or with photo must make an application months after the month of the date of license required by this part must accompanied by a photo at a place examination shown on the medical present it and, unless the pilot designated by the Administrator. certificate. certificate contains a photo, a photo (3) An applicant for a replacement (2) For student pilots who have identification as described in paragraph pilot certificate with photo who has a reached their 40th birthday, 24 calendar (a)(2) of this section for inspection upon current photo on file may make an months after the month of the date of a request from: application that is not accompanied by examination shown on the medical * * * * * a photo at a place designated by the certificate. 3. Add a new § 61.6 to read as follows: Administrator or by mail to the (3) For student pilots seeking a glider Department of Transportation, FAA, rating, balloon rating, or a sport pilot § 61.6 Pilot certificate with photo and certificate, 60 calendar months after the photo requirements. Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125. month of the date issued, regardless of (a) Trigger-based implementation. (4) Payment to the FAA of the fee the person’s age. Except as provided in § 61.19(h)(2), after specified in paragraph (d) of this section (c) Pilot certificates. (1) A pilot [effective date of final rule], all persons by check, money order, or other certificate (other than a student pilot must apply for a pilot certificate with payment method approved by the certificate) issued under this part prior photo and provide a photo that Administrator must accompany each to [effective date of final rule] is issued conforms to the requirements prescribed application for a new or replacement without a specific expiration date. in paragraph (b) of this section when: (2) A pilot certificate, including a pilot certificate with photo. (1) Obtaining a new pilot certificate or student pilot certificate, issued under (d) Fee for issuance of pilot certificate rating (including student pilot this part after [effective date of final with photo. The fee for processing an certificate); rule] contains a photo expiration date application for a new or replacement (2) Obtaining a new flight instructor that is 96 months from the month in pilot certificate with photo is $22. The certificate; which a photo is submitted for FAA periodically may increase this fee (3) Renewing a flight instructor inclusion on the certificate. to correspond with changes in the certificate; or (3) The holder of a pilot certificate Consumer Price Index. issued on the basis of a foreign pilot (4) Obtaining a replacement pilot 4. Amend § 61.13 by revising license may exercise the privileges of certificate resulting from a change of paragraphs (a)(1) and (a)(2)(i)(A) to read that certificate only while that person’s name, citizenship, date of birth, or as follows: gender. foreign pilot license is effective. (b) Photo Requirements. (1) A photo § 61.13 Issuance of airman certificates, * * * * * provided with an application for a new ratings, and authorizations. (g) Duration of pilot certificates. or replacement pilot certificate with (a) Application. (1) An applicant for (1) Except for a temporary certificate photo must— an airman certificate, rating, or issued under § 61.17 or a student pilot (i) Be unretouched and in color; authorization under this part must make certificate issued under paragraph (b) of (ii) Be a recent likeness of only the that application on a form acceptable to this section, the holder of a paper pilot applicant (taken within the last six the Administrator and at a place certificate issued under this part may months) and show a full front view of designated by the Administrator. In not exercise the privileges of that the applicant’s face in such a way that addition, an applicant for a pilot certificate after March 31, 2010. the area from the bottom of the certificate with photo must make that (2) Except for a temporary certificate applicant’s chin to the top of the application as prescribed in § 61.6. issued under § 61.17 or a facsimile applicant’s head (including hair) covers (2) * * * certificate issued under § 61.29, no more than 50 percent but not more than (i) * * * person may exercise the privileges of a

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particular certificate as pilot in certificate with photo or a lost or authorized instructor that is placed in command or in any other capacity as a destroyed airman certificate, medical that person’s logbook for the specific required pilot flight crewmember of a certificate, or knowledge test report make and model of aircraft to be flown. civil aircraft of U.S. registry unless that must state: (3) For each cross-country flight, the person has a photo on his or her pilot * * * * * authorized instructor who reviews the certificate after: (e) Facsimile airman certificate, cross-country planning must make an (i) [Date 3 years after publication of medical certificate, or knowledge test endorsement in the person’s logbook final rule] for a pilot holding an airline report. A person who has lost an airman after reviewing that person’s cross- transport pilot certificate; certificate, medical certificate, or country planning, as specified in (ii) [Date 4 years after publication of knowledge test report may obtain a paragraph (d) of this section. The final rule] for a pilot holding a facsimile from the FAA Aeromedical endorsement must— commercial pilot certificate; or Certification Branch or the Airman (i) Specify the make and model of (iii) [Date 5 years after publication of Certification Branch, as appropriate, aircraft to be flown; final rule] for a pilot holding a private, confirming that it was issued and the: (ii) State that the student’s preflight recreational or sport pilot certificate. planning and preparation is correct and 6. Amend § 61.25 by adding * * * * * 8. Revise § 61.85 to read as follows: that the student is prepared to make the paragraph (c) to read as follows: flight safely under the known § 61.25 Change of name. § 61.85 Application. conditions; and * * * * * An applicant for a student pilot (iii) State that any limitations required (c) For applications for a pilot certificate: by the student’s authorized instructor certificate with photo, an applicant (a) Must make that application in a are met. must make that application as form acceptable to the Administrator; * * * * * prescribed in § 61.6. (b) Must provide a photo of the 11. Amend § 61.133 by revising 7. Amend § 61.29 by revising the applicant that conforms to the photo paragraphs (a)(2)(i)(C) and (a)(2)(ii)(C) to section heading, revising paragraphs (a), requirements set forth in § 61.6 with the read as follows: (b), (c), (d) introductory text, and (e) application; introductory text to read as follows: (c) Must submit the application to a § 61.133 Commercial pilot privileges and designee authorized by the limitations. § 61.29 Replacement of a pilot certificate Administrator or to a Flight Standards (a) * * * with photo and replacement of lost or District Office; and (2) * * * destroyed airman or medical certificate or (d) Must submit payment for the (i) * * * knowledge test report. application fee as directed in § 61.6. (C) Endorse a pilot’s logbook for solo (a)(1) Pilot certificate with photo. A 9. Amend § 61.87 by revising operating privileges in an airship; request for the replacement of a pilot paragraph (n), by adding the word ‘‘and’’ certificate with photo issued under this * * * * * after the semicolon in paragraph (p)(3), (ii) * * * part must be made as prescribed in removing paragraph (p)(4), and § 61.6. (C) Endorse a pilot’s logbook for solo redesignating paragraph (p)(5) as operating privileges in a balloon; and (2) Other airman certificate. A request paragraph (p)(4) to read as follows: for the replacement of a lost or * * * * * destroyed airman certificate issued § 61.87 Solo requirements for student 12. Amend § 61.189 by revising under this part must be made by letter pilots. paragraph (b)(1) to read as follows: to the Department of Transportation, * * * * * § 61.189 Flight instructor records. FAA, Airman Certification Branch, P.O. (n) Limitations on student pilots Box 25082, Oklahoma City, OK 73125, operating an aircraft in solo flight. A * * * * * and must be accompanied by a check or student pilot may not operate an aircraft (b) * * * money order for the appropriate fee in solo flight unless that student pilot (1) The name of each person whose payable to the FAA. has received an endorsement in the logbook that instructor has endorsed for (b) Medical certificate. A request for student’s logbook for the specific make solo flight privileges, and the date of the the replacement of a lost or destroyed and model aircraft to be flown by an endorsement; and medical certificate must be made by authorized instructor who gave the * * * * * letter to the Department of training within the 90 days preceding 13. Amend § 61.195 by revising Transportation, FAA, Aerospace the date of the flight. paragraphs (d)(1) introductory text and Medical Certification Division, P.O. Box * * * * * (d)(2) to read as follows: 26200, Oklahoma City, OK 73125, and 10. Amend § 61.93 by revising § 61.195 Flight instructor limitations and must be accompanied by a check or paragraphs (c)(1) and (c)(2) and adding qualifications. money order for the appropriate fee paragraph (c)(3) to read as follows: payable to the FAA. * * * * * (c) Knowledge test report. A request § 61.93 Solo cross-country flight (d) * * * for the replacement of a lost or requirements. (1) Student pilot’s logbook for solo destroyed knowledge test report must be * * * * * flight privileges, unless that flight made by letter to the Department of (c) * * * instructor has— Transportation, FAA, Airman (1) A student pilot must have a solo * * * * * Certification Branch, P.O. Box 25082, cross-country endorsement from the (2) Student pilot’s logbook for a solo Oklahoma City, OK 73125, and must be authorized instructor who conducted cross-country flight, unless that flight accompanied by a check or money order the training that is placed in that instructor has determined the student’s for the appropriate fee payable to the person’s logbook for the specific flight preparation, planning, equipment, FAA. category of aircraft to be flown. and proposed procedures are adequate (d) Request for replacement. The (2) A student pilot must have a solo for the proposed flight under the letter requesting replacement of a pilot cross-country endorsement from an existing conditions and within any

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limitations listed in the logbook that the report containing an assessment of the I. Introduction instructor considers necessary for the registrant’s compliance activities. On July 21, 2010, President Obama safety of the flight; DATES: Comments must be received on signed the Dodd-Frank Act.1 Title VII of * * * * * or before January 18, 2011. the Dodd-Frank Act amended the ADDRESSES: You may submit comments, Commodity Exchange Act (CEA) 2 to PART 183—REPRESENTATIVES OF identified by RIN 3038–AC96 and CCO establish a comprehensive new THE ADMINISTRATOR Designation, by any of the following regulatory framework to reduce risk, 14. The authority citation for part 183 methods: increase transparency, and promote continues to read as follows: • Agency web site, via its Comments market integrity within the financial Online process at http:// system by, among other things: Authority: 31 U.S.C. 9701; 49 U.S.C. (1) Providing for the registration and 106(g), 40113, 44702, 45303. comments.cftc.gov. Follow the instructions for submitting comments comprehensive regulation of swap 15. Amend § 183.21 by revising through the Web site. dealers and major swap participants; paragraph (c) and removing and • Mail: David A. Stawick, Secretary of (2) imposing clearing and trade reserving paragraph (d) to read as the Commission, Commodity Futures execution requirements on standardized follows: Trading Commission, Three Lafayette derivative products; (3) creating rigorous recordkeeping and real-time § 183.21 Aviation Medical Examiners. Centre, 1155 21st Street, NW., Washington, DC 20581. reporting regimes; and (4) enhancing the * * * * * • Commission’s rulemaking and (c) Issue or deny medical certificates Hand Delivery/Courier: Same as mail above. enforcement authorities with respect to in accordance with part 67 of this • all registered entities and intermediaries chapter, subject to reconsideration by Federal eRulemaking Portal: http:// www.regulations.gov. Follow the subject to the Commission’s oversight. the Federal Air Surgeon or his or her The Dodd-Frank Act addresses the instructions for submitting comments. authorized representatives within the compliance activities of certain Please submit your comments using FAA; and registrants in detail by requiring each only one method. * * * * * futures commission merchant, swap All comments must be submitted in Issued in Washington, DC, on November dealer, and major swap participant to English, or if not, accompanied by an designate a chief compliance officer.3 10, 2010. English translation. Comments will be John M. Allen, The Dodd-Frank Act also establishes posted as received to http:// duties of the chief compliance officer of Director, Flight Standards Service. www.cftc.gov. You should submit only a swap dealer or major swap [FR Doc. 2010–29192 Filed 11–18–10; 8:45 am] information that you wish to make participant,4 and requires that the chief BILLING CODE 4910–13–P available publicly. If you wish the compliance officer of a swap dealer or Commission to consider information major swap participant annually that you believe is exempt from prepare, sign, and certify a report that is COMMODITY FUTURES TRADING disclosure under the Freedom of furnished to the Commission discussing COMMISSION Information Act, a petition for the registrant’s compliance policies and confidential treatment of the exempt activities.5 The Dodd-Frank Act requires 17 CFR Part 3 information may be submitted according the Commission to prescribe rules RIN 3038–AC96 to the procedures established in CFTC regarding the annual report prepared by Regulation 145.9, 17 CFR 145.9. the chief compliance officer of a swap Designation of a Chief Compliance The Commission reserves the right, dealer or major swap participant.6 With Officer; Required Compliance Policies; but shall have no obligation, to review, regard to futures commission and Annual Report of a Futures pre-screen, filter, redact, refuse or merchants, the Dodd-Frank Act does not Commission Merchant, Swap Dealer, remove any or all of your submission set forth specific duties for the chief or Major Swap Participant from http://www.cftc.gov that it may compliance officer or establish specific deem to be inappropriate for procedures for the preparation and AGENCY: Commodity Futures Trading publication, such as obscene language. submission of an annual report. Rather, Commission. All submissions that have been redacted the Dodd-Frank Act states that the chief ACTION: Proposed rule. or removed that contain comments on compliance officer shall ‘‘perform such the merits of the rulemaking will be duties and responsibilities as shall be SUMMARY: The Commodity Futures retained in the public comment file and Trading Commission (Commission or set forth in regulations to be adopted by will be considered as required under the the Commission.’’ 7 CFTC) is proposing rules to implement Administrative Procedure Act and other The Commission has determined to new statutory provisions enacted by applicable laws, and may be accessible apply the same duties and Title VII of the Dodd-Frank Wall Street under the Freedom of Information Act. responsibilities to a chief compliance Reform and Consumer Protection Act officer of a futures commission (Dodd-Frank Act) regarding the FOR FURTHER INFORMATION CONTACT: merchant as are required for a chief compliance activities of certain Sarah E. Josephson, Associate Director, Division of Clearing and Intermediary registrants. The proposed rules require 1 See Dodd-Frank Act, Public Law 111–203, 124 each futures commission merchant, Oversight, (202) 418–5684, [email protected]; or Claire Noakes, Stat. 1376 (2010). The text of the Dodd-Frank Act swap dealer, and major swap participant may be accessed at: http://www.cftc.gov/ucm/ to designate a chief compliance officer. Attorney Advisor, Division of Clearing groups/public/@swaps/documents/file/hr4173_ The proposed rules also prescribe and Intermediary Oversight, (202) 418– enrolledbill.pdf. 2 7 U.S.C. 1 et seq. qualifications and duties of the chief 5444, [email protected]; Commodity Futures Trading Commission, Three 3 7 U.S.C. 6d(d), 6s(k)(1). compliance officer. Finally, the 4 Lafayette Centre, 1155 21st Street, NW., 7 U.S.C. 6s(k)(2). proposed rules require that the chief 5 Washington, DC 20581. 7 U.S.C. 6s(k)(3)(A–B). compliance officer prepare, certify, and 6 7 U.S.C. 6s(k)(3)(A). furnish to the Commission an annual SUPPLEMENTARY INFORMATION: 7 7 U.S.C. 6d(d).

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compliance officer of a swap dealer or and (3) of the CEA.8 Although the chief structure; (iv) whether the proposed a major swap participant. In particular, compliance officer would not register reporting structure should be amended the Commission is prescribing rules that with the Commission, as the primary to address any issues related to (i) require the chief compliance officer individual with responsibility for affiliates; and (v) whether the rule of a registrant prepare, sign, and certify ensuring the registrant’s legal should include a provision requiring a an annual report discussing the compliance, the chief compliance majority of a board of directors to registrant’s compliance policies and officer would have to meet the same remove the chief compliance officer. activities that is furnished to the standard as those individuals who are The Commission also is seeking Commission; (ii) clarify that a chief required to register, as set forth in the comment on whether additional compliance officer of a registrant would list of statutory disqualifications. limitations should be placed on the be a ‘‘principal’’ as defined under Furthermore, the proposed rules amend persons who may be designated as a Commission regulation 3.1(a); and the definition of ‘‘principal’’ that applies chief compliance officer. For example, (iii) require that specified recordkeeping to all registrants under regulation 3.1(a) should the Commission restrict the chief and inspection requirements for the to clarify that the chief compliance compliance officer position from being compliance documents discussed in the officer position is considered to be held by an attorney who represents the proposed rule be satisfied. The similar in status and responsibility to registrant or its board of directors, such proposed rules also would require that the enumerated list of positions found as an in-house or general counsel? The each futures commission merchant, in that definition, such as the chief rationale for such a restriction is based swap dealer, and major swap participant executive officer. Like other principals on the concern that the interests of provide the chief compliance officer of registrants, the chief compliance defending the registrant would be in with the responsibility and authority, in officer would have to submit a Form 8– tension with the duties of the chief consultation with the board of directors R, and, if required, fingerprint cards to compliance officer. or the senior officer, to develop and the National Futures Association, and The Commission specifically seeks enforce appropriate policies and would be subject to a background check. comment on whether there is a need to procedures to fulfill the assigned duties The Dodd-Frank Act requires that the insulate the chief compliance officer of of the position. The Commission chief compliance officer of a swap registrants from undue pressure and specifically requests comment on its dealer or major swap participant ‘‘report coercion. Is it necessary to adopt rules decision to apply the duties and directly to the board or to the senior to address the potential conflict between responsibilities for chief compliance officer’’ of the entity. The proposed rules and among compliance interests, officers set forth for swap dealers and establish the reporting structure to commercial interests, and ownership major swap participants to futures which the chief compliance officer interests of a futures commission commission merchants. would be subject by specifying that only merchant, swap dealer, and major swap The proposed rules reflect the board of directors or the senior participant? If there is no need for such consultation with staff of the following officer of the registrant would be a provision, how would such possible agencies: (i) The Securities and permitted to take action to designate the conflicts be addressed? Exchange Commission; (ii) the Board of chief compliance officer or determine The Dodd-Frank Act sets forth certain Governors of the Federal Reserve the compensation of the chief duties to be performed by a chief System; (iii) the Office of the compliance officer. The rule text compliance officer of a swap dealer or Comptroller of the Currency; and (iv) substitutes the term ‘‘board of directors’’ major swap participant, and requires the the Federal Deposit Insurance for ‘‘board,’’ and the term ‘‘board of Commission to promulgate rules Corporation. Staff from each of these directors’’ is defined to include any concerning the duties of a chief agencies has had the opportunity to governing body of an organization. The compliance officer of a futures provide oral and/or written comments clarification is intended to account for commission merchant. The proposed to the proposal, and the proposed rules all forms of business associations (for rules codify the duties set forth in the incorporate elements of the comments example, partnerships and limited Act and apply them uniformly to futures provided. liability companies) that may have commission merchants, swap dealers, The Commission requests comment forms of governing bodies other than and major swap participants. The on all aspects of the proposed rules, as boards of directors. The proposed rules Commission believes the statutory well as comment on the specific also extend the reporting structure duties are largely self-explanatory, but provisions and issues highlighted in the requirement to futures commission in the interest of clarity, those duties discussion below. merchants. will be discussed briefly below. The Commission specifically seeks The duty to report to the board or the II. Proposed Regulations comment on the degree of flexibility in senior officer under section 4s(k)(2)(A) the reporting structure for chief A. Chief Compliance Officers of the CEA 9 is addressed in the rule as compliance officers that should be discussed above. The duty to review The Dodd-Frank Act requires that afforded under the proposed rules. compliance under section 4s(k)(2)(B) of each futures commission merchant, Specifically, the Commission requests the CEA 10 is combined with the duty to swap dealer, and major swap participant comment on: (i) Whether it would be ensure compliance under section designate an individual to serve as its more appropriate for a chief compliance 4s(k)(2)(E),11 and the duty to administer chief compliance officer. The proposed officer to report to the senior officer or required policies under section rules codify this requirement, and the board of directors; (ii) whether the 4s(k)(2)(D).12 The duty to resolve prescribe certain qualifications of the senior officer or board of directors conflicts of interest under section position. The individual serving as chief generally is a stronger advocate of 4s(k)(2)(C) of the CEA 13 is codified in compliance officer must have the compliance matters within an appropriate background and skills to organization; (iii) whether the proposed 9 7 U.S.C. 6s(k)(2)(A). perform the compliance duties of the rules allow for sufficient flexibility with 10 7 U.S.C. 6s(k)(2)(B). position, and must not fall into the regard to a registrant’s business 11 7 U.S.C. 6s(k)(2)(E). categories that would disqualify him or 12 7 U.S.C. 6s(k)(2)(D). her from registration under section 8a(2) 8 7 U.S.C. 12a(2–3). 13 7 U.S.C. 6s(k)(2)(C).

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the rules. The duty to identify report containing a description of the Importantly, the Commission would noncompliance issues and establish registrant’s compliance with the CEA extend to chief compliance officers of procedures for their remediation in and regulations promulgated under the futures commission merchants the section 4s(k)(2)(F) of the CEA 14 is CEA, and a description of each policy Dodd-Frank Act’s requirement that a codified as well, as are other duties with and procedure of the chief compliance chief compliance officer of a swap respect to noncompliance issues in officer, including the code of ethics and dealer or major swap participant section 4s(k)(2)(G).15 Underlying all of conflicts of interest policies. The Dodd- prepare, sign, and certify an annual these duties are two fundamental Frank Act also requires, and the report to be furnished to the acknowledgements: The chief Commission is codifying, that a swap Commission. An annual report is compliance officer can only ensure the dealer and major swap participant intended to promote compliance registrant’s compliance to the full furnish the report to the Commission behavior by requiring a registrant to capacity of an individual person, and simultaneously with each appropriate conduct a periodic self-evaluation and the duties of the chief compliance financial report that is required to be to inform the Commission of possible officer do not elevate the position above furnished to the Commission. The compliance weaknesses that should be the board of directors, or otherwise report would include a certification by addressed. The Commission believes contradict basic and well-established the chief compliance officer that, under that it is beneficial to receive self- tenets of law regarding the allocation of penalty of law, the annual report is evaluation and compliance information responsibility within a business accurate and complete. As discussed from futures commission merchants as association. below, the Commission is proposing to well as from swap dealers and major The Commission would also require apply these requirements to futures swap participants. Furthermore, the the chief compliance officer to meet commission merchants as well. Commission believes this comports with annually with the board of directors or More specifically, the Commission Congressional intent in requiring that the senior officer to discuss the would require the annual report to be futures commission merchants effectiveness of the compliance policies furnished simultaneously with the designate a chief compliance officer adopted by the registrant, as well as the futures commission merchant’s Form under the Dodd-Frank Act. administration of those policies by the 1–FR–FCM or FOCUS report, and the The contents of the annual report are chief compliance officer. The session swap dealer or major swap participant’s specified in the Dodd-Frank Act to would create an opportunity for a chief financial condition report, the scope of include a description of the compliance compliance officer and the directors or which shall be defined in a future of the registrant with the CEA and the the senior officer to speak freely about rulemaking pursuant to new section 4s Commission’s rules, and each policy any sensitive issues of concern to any of of the CEA. The proposed rules and procedure of the chief compliance them, including any reservations about elaborate on the certification of the officer of the registrant, including the the cooperativeness or compliance annual report by specifying that the code of ethics and conflict of interest practices of the registrant’s employees. chief compliance officer must sign a policies. The proposed rules codify The term ‘‘compliance policies’’ is statement that to the best knowledge these requirements by reference to the defined to include all the written and reasonable belief of the chief defined term ‘‘compliance policies,’’ and policies and procedures that are compliance officer, and under penalty also require a discussion of any material required to be adopted or established by of law, the information contained in the changes to the registrant’s compliance a registrant under the CEA and the rules annual report is accurate and complete. policies made during the reporting of the Commission. Specifically, the The proposed rules would also permit period. Commission intends for chief a registrant to request an extension of Additionally, the proposed rules compliance officers to administer time to furnish the report; require that would require that the annual report compliance policies that include, but any material error or omission within a include a certification of compliance are not limited to, all the new policies previously furnished annual report be under the provisions of sections 619 and and the code of ethics required to be promptly corrected; and allow for 716 of the Dodd-Frank Act, which may established or adopted by a registrant annual reports to cross-reference impose obligations on registrants. under these proposed rules, as well as sections from recently furnished annual Section 619, subject to limited all the policies currently required to be reports by the same entity, even in a exceptions, prohibits banking entities, established or adopted by a registrant different registration capacity. as defined in that section, from engaging under the existing rules, such as risk Regarding the last provision, for in proprietary trading or acquiring or example, if a company has submitted an management policies, trading rules, retaining any equity, partnership, or annual report in the previous reporting customer record protection procedures, other ownership interest in, or period with a description of a and safeguards for electronic signatures. sponsoring, a hedge fund or private compliance policy that is unchanged, Finally, the proposed rules include as a equity fund. Section 716 prohibits any then the company could incorporate by duty the statutory requirement to swaps entity from receiving federal reference that description in an annual prepare, sign,16 and certify 17 the annual assistance, as defined in that section. report furnished in the current reporting The Commission requests comment on report, which is further discussed period, if it remains an accurate this proposed rule, including the scope below. description that fulfills a content of its application. B. Annual Report requirement of the current year’s annual The annual report also would be The Dodd-Frank Act requires that the report. As another example, if a required to contain a discussion of the chief compliance officer of a swap company is registered as both a swap execution of the chief compliance dealer or major swap participant dealer and a futures commission officer’s duty to resolve conflicts of annually prepare, sign, and certify a merchant, and the description of the interest and to identify and resolve company’s code of ethics is the same noncompliance issues. Additionally, the 14 7 U.S.C. 6s(k)(2)(F). under each registrant’s annual report, annual report would be required to 15 7 U.S.C. 6s(k)(2)(G). then a cross-reference to one of the contain a description of the financial, 16 7 U.S.C. 6s(k)(3)(A). reports would satisfy the content managerial, operational, and staffing 17 7 U.S.C. 6s(k)(3)(B)(ii). requirements of the other report. resources set aside for compliance with

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the CEA and the Commission’s rules, swap dealers and major swap that futures commission merchants including any deficiencies in such participants no later than July 21, previously have been determined not to resources. The annual report would also 2011.18 In order to provide for sufficient be small entities and in light of the be required to delineate the roles and time for existing and new registrants to exemption from the definition of swap responsibilities of various registrant come into compliance with these dealer for those engaging in a de personnel in addressing any conflicts, proposed rules, the Commission is minimis level of swap dealing. The including any necessary coordination proposing to establish a delayed Commission anticipates that this with, or notification of regulators, self- compliance date. The Commission exemption would tend to exclude small regulatory organizations, and others specifically seeks comment on how long entities from registration. who may be involved in addressing the it might take for a registrant to hire a The Commission also has previously conflict. chief compliance officer and how long determined that large traders are not Finally, the Commission would it might take for the registrant to small entities for RFA purposes.22 In require that both the annual report and implement the required policies and that determination, the Commission any related records be subject to the procedures under these proposed rules. considered that a large trading position record keeping and inspection was indicative of the size of the provisions of regulation 1.31. The IV. Related Matters business. Major swap participants, by requirement with respect to records A. Regulatory Flexibility Act the statutory definition, maintain related to the annual report is intended The Regulatory Flexibility Act substantial positions in swaps or to preserve the Commission’s ability to (RFA),19 requires that agencies, in maintain outstanding swap positions reconstruct why certain information was proposing rules, consider the impact of that create substantial counterparty included or excluded in an annual those rules on small businesses. The exposure that could have serious report, in the event of an audit or Commission previously has established adverse effects on the financial stability investigation. certain definitions of ‘‘small entities’’ to of the United States banking system or The Commission specifically seeks be used by the Commission in financial markets. Accordingly, for comment regarding: (i) The required evaluating the impact of its rules on purposes of the RFA for this content of the annual report; (ii) such entities in accordance with the rulemaking, the Commission is hereby whether any additional content should RFA.20 The proposed rules would affect proposing that major swap participants be included therein; (iii) whether the futures commission merchants, swap not be considered small entities for the Commission should require explicit dealers, and major swap participants, same reasons that large traders have approval of the annual report by the entities that are required to be registered previously been determined not to be registrant’s board of directors prior to with the Commission. The Commission small entities. the submission of the annual report to The Commission is carrying out previously has determined that the Commission; (iv) whether additional Congressional mandates by proposing registered futures commission provisions are necessary to ensure that merchants are not small entities for the this regulation. Specifically, the individual directors or employees have purposes of the RFA. The Commission’s Commission is proposing these rules to an adequate opportunity to register their determination was based, in part, upon comply with the Dodd-Frank Act, the concerns or objections to the contents of the obligation of futures commission aim of which is to reduce systemic risks the annual report; and (v) whether merchants to meet minimum financial presented by swap dealers and major additional guidance is needed on what requirements established by the swap participants through efforts by the chief compliance officer Commission to enhance the protection comprehensive regulation. The would be required to permit the chief of customers’ segregated funds and Commission does not believe that there compliance officer to certify that, to the protect the financial condition of futures are regulatory alternatives to those being best of his knowledge and reasonable commission merchants generally.21 proposed that would be consistent with belief, the annual report is accurate and Swap dealers and major swap the statutory mandate. Therefore, the complete. participants are new categories of Chairman, on behalf of the Commission, Liability for false, incomplete, or registrant. Accordingly, the Commission hereby certifies, pursuant to 5 U.S.C. misleading statements or has not previously addressed the 605(b), that these proposed rules will representations made in the annual question of whether such persons are, in not have a significant economic impact report could rest with the registrant or fact, small entities for the purposes of on a substantial number of small the chief compliance officer or both, the RFA. However, like futures entities. either directly or vicariously, and could commission merchants, swap dealers B. Paperwork Reduction Act be administrative, civil, and/or criminal. will be subject to minimum capital and Possible violations could include, margin requirements. Swap dealers are The Paperwork Reduction Act of 1995 23 among other things, a claim of failure to expected to comprise the largest global (PRA) imposes certain requirements supervise or false statements to the financial firms, and the Commission is on Federal agencies in connection with Commission. The Commission could required to exempt from designation their conducting or sponsoring any seek an injunction against future entities that engage in a de minimis collection of information as defined in violations, civil monetary penalties, level of swaps dealing in connection the PRA. Certain provisions of this and/or any other appropriate remedial with transactions with or on behalf of proposed rule would result in new relief. Criminal penalties could be customers. Accordingly, for purposes of collection of information requirements sought by appropriate criminal the RFA for this rulemaking, the within the meaning of the PRA. The authorities. Commission is hereby proposing that Commission therefore is submitting this proposal to the Office of Management III. Transition Period swap dealers not be considered small entities for essentially the same reasons and Budget (OMB) for review in Futures commission merchants are accordance with 44 U.S.C. 3507(d) and currently required to be registered under 18 7 U.S.C. 6s(b)(5). 5 CFR 1320.11. The title for this regulation 3.10. The Dodd-Frank Act 19 5 U.S.C. 601–611. requires the Commission to promulgate 20 47 FR 18618, Apr. 30, 1982. 22 Id. at 18620. rules providing for the registration of 21 Id. at 18619, 18620. 23 44 U.S.C. 3501 et seq.

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collection of information is ‘‘Annual when material errors or omissions are There are 159 futures commission Report for Chief Compliance Officer of identified; and (5) maintain records merchants currently registered with the Registrants.’’ The OMB has not yet related to respondent’s compliance Commission and it is anticipated that assigned this collection a control policies and annual reports. there will be approximately 250 swap number. An agency may not conduct or The respondent burden for preparing dealers and 50 major swap participants sponsor, and a person is not required to and filing a Form 8–R designating the that will register with the Commission. respond to, a collection of information respondent’s chief compliance officer as Thus, the total number of respondents is unless it displays a currently valid a principal of the firm is expected to be expected to be 459. According to the control number. 1 hour. It is estimated that each Bureau of Labor Statistics, the mean The collection of information under respondent would spend 80 hours hourly wage of an employee under these proposed rules is necessary to annually in connection with the occupation code 13–1041, ‘‘Compliance implement certain provisions of the proposed requirement that respondent’s Officers, Except Agriculture, CEA, as amended by the Dodd-Frank chief compliance officer establish Construction, Health and Safety, and Act, and to assure that futures various compliance policies and Transportation,’’ that is employed by the commission merchants, swap dealers, procedures. This estimate includes the ‘‘Securities and Commodity Contracts and major swap participants maintain time needed to review applicable laws Intermediation and Brokerage’’ industry comprehensive policies and procedures. and regulations; develop compliance is $38.77.25 Because futures commission The Commission’s staff would use the policies and procedures; and consult merchants, swap dealers and major information collected when conducting with respondent’s board of directors or swap participants include large examination and oversight of futures senior officer on compliance policies, as financial institutions whose employee commission merchants, swap dealers, or required. It is estimated that each salaries may exceed the mean wage, the major swap participants for compliance respondent will spend an additional 40 Commission has taken the more with the CEA and Commission hours drafting and submitting its annual conservative approach of estimating the regulations. cost burden of these proposed If adopted, responses to this new report. This estimate includes the time needed to collect and analyze the regulations based upon an average collection of information would be compliance officer salary of $100 per mandatory. The Commission will information that underlies the contents of the annual report, to formulate hour. Accordingly, the estimated burden protect proprietary information was calculated as follows: according to the Freedom of Information recommendations to existing Act and 17 CFR part 145, ‘‘Commission compliance policies, and to draft the Preparation and Filing of Form 8–R Records and Information.’’ In addition, report. The Commission notes that it has Number of respondents: 459 Estimated number of responses: 459 section 8(a)(1) of the CEA strictly attempted to reduce the burden of this Estimated total burden on prohibits the Commission, unless particular requirement by including a respondents: 1 hour specifically authorized by the CEA, from provision in the proposed regulation Frequency of collection: One initial making public ‘‘data and information that: (1) Permits a respondent to collection and on occasion that would separately disclose the incorporate by reference sections of an thereafter business transactions or market annual report that has been furnished Aggregate reporting burden: 459 positions of any person and trade within the current or immediately respondents × 1.0 hours = 459 secrets or names of customers.’’ The preceding reporting period and burden hours Commission also is required to protect (2) where a respondent is registered in Drafting and Updating Compliance certain information contained in a more than one capacity with the Commission, to incorporate by reference Policies and Procedures government system of records according Number of respondents: 459 to the Privacy Act of 1974.24 sections in the annual report that the registrant has furnished within the Estimated number of responses: 459 1. Information Provided by Reporting current or immediately preceding Estimated total annual burden on Entities/Persons reporting period as another type of respondents: 80 hours Frequency of collection: Annually The burden associated with the registrant. The Commission additionally Aggregate reporting burden: 459 proposed regulation is estimated to be estimates that a respondent may spend respondents × 80 hours = 36,720 136 hours, at a cost of $13,600 annually an average of 5 hours annually burden hours amending an annual report if material for each respondent. Burden means the Preparation and Furnishing Annual errors are found. Finally, each total time, effort, or financial resources Report expended by persons to generate, respondent is expected to spend 10 Number of respondents: 459 maintain, retain, disclose, or provide hours annually satisfying the record Estimated number of responses: 459 information to or for a federal agency. retention requirements of the rule. This Estimated total annual burden on This burden will result from the would include the time to be expended respondents: 40 hours requirements that the respondent: (1) maintaining records of the firm’s Frequency of collection: Annually Prepare and file a Form 8–R designating compliance policies; compiling and Aggregate reporting burden: 459 the chief compliance officer; (2) draft indexing records relevant to the annual respondents × 40 hours = 18,360 and maintain various compliance report; and maintaining reports and burden hours policies and procedures; (3) annually other materials furnished to the Preparation and Furnishing Amended prepare and furnish to the Commission respondent’s board of directors or senior Annual Report an annual report that describes the officer in connection with its review of Number of respondents: 459 respondent’s compliance policies and the report. The Commission does not Estimated number of responses: 459 resources and the respondent’s expect respondents to incur any start-up Estimated total annual burden on compliance with the CEA and costs in connection with this proposed respondents: 5 hours Commission regulations; (4) amend a regulation as it anticipates that Frequency of collection: Annually previously furnished annual report respondents already maintain Aggregate reporting burden: 459 compliance personnel and systems for 24 5 U.S.C. 552a. regulatory reporting and recordkeeping. 25 http://www.bls.gov/oes/current/oes131041.htm.

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respondents × 5 hours = 2,295 C. Cost-Benefit Analysis comprehensive self-evaluations burden hours Section 15(a) of the CEA requires the regarding their level of compliance with Recordkeeping Related to Compliance Commission to consider the costs and laws and regulations. Also, the decision Policies and Annual Report benefits of its actions before issuing new to devote sufficient resources to Number of respondents: 459 rules under the Act. By its terms, it does compliance with laws and regulations is Estimated number of responses: 459 not require the Commission to quantify a core component of sound risk management practices. Providing Estimated total annual burden on the costs and benefits of new rules or to periodic notification to the Commission respondents: 10 hours determine whether the benefits of the proposed rules outweigh their costs. of how compliance is undertaken, Frequency of collection: Annually whether there are compliance issues, Rather, it requires the Commission to Aggregate reporting burden: 459 and what resources are allocated for × ‘‘consider the cost and benefits’’ of the respondents 10 hours = 4,590 compliance activities would enable the hours subject rules. Section 15(a) of the CEA further Commission to better exercise its oversight authority and further the goal Based upon the above, the aggregate specifies that the costs and benefits of of avoiding market disruptions and cost for all respondents is 62,424 burden the proposed rules shall be evaluated in financial losses to market participants hours [136 hours × 459 respondents] light of five broad areas of market and and the general public. and $6,242,400 [62,424 burden hours × public concern: (1) Protection of market $100 per hour]. The Commission invites public participants and the public; comment on its cost-benefit 2. Information Collection Comments (2) efficiency, competitiveness, and considerations. Commenters are also financial integrity of the futures invited to submit any data or other The Commission invites the public markets; (3) price discovery; (4) sound and other federal agencies to comment information that they may have risk management practices; and (5) other quantifying or qualifying the costs and on any aspect of the reporting and public interest considerations. The recordkeeping burdens discussed above. benefits of these proposed rules with Commission may, in its discretion, give their comment letters. Pursuant to 44 U.S.C. 3506(c)(2)(B), the greater weight to any one of the five Commission solicits comments in order enumerated areas of concern and may, List of Subjects in 17 CFR Part 3 to: (i) Evaluate whether the proposed in its discretion, determine that, Administrative practice and collection of information is necessary notwithstanding its costs, a particular procedure, Brokers, Commodity futures, for the proper performance of the rule is necessary or appropriate to Major swap participants, Reporting and functions of the Commission, including protect the public interest or to recordkeeping requirements, Swap whether the information will have effectuate any of the provisions or to dealers. practical utility; (ii) evaluate the accomplish any of the purposes of the For the reasons stated in the accuracy of the Commission’s estimate CEA. of the burden of the proposed collection preamble, the Commission proposes to The proposed rules would improve amend 17 CFR part 3 as follows: of information; (iii) determine whether compliance by registrants with there are ways to enhance the quality, applicable laws and rules by requiring PART 3—REGISTRATION utility, and clarity of the information to designation of a chief compliance be collected; and (iv) minimize the officer, prescribing the duties of that Authority and Issuance burden of the collection of information position, and requiring preparation of a 1. The authority citation for part 3 is on those who are to respond, including report on compliance activities of the revised to read as follows: through the use of automated collection registrant, to be furnished to the Authority: 5 U.S.C. 552, 552b; 7 U.S.C. 1a, techniques or other forms of information Commission for its review. 2, 6a, 6b, 6b–1, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6k, technology. With respect to costs, the Commission 6m, 6n, 6o, 6p, 6s, 8, 9, 9a, 12, 12a, 13b, 13c, Comments may be submitted directly has determined that costs to futures 16a, 18, 19, 21, 23, unless otherwise noted. to the Office of Information and commission merchants, swap dealers, 2. Amend § 3.1 by revising paragraph Regulatory Affairs, by fax at (202) 395– and major swap participants include the (a)(1) and by adding paragraphs (g) and 6566 or by e-mail at costs associated with the designation of (h) to read as follows: [email protected]. Please a chief compliance officer, maintaining provide the Commission with a copy of compliance policies, preparing the § 3.1 Definitions. submitted comments so that all annual report, and satisfying applicable (a) * * * comments can be summarized and recordkeeping requirements. As noted (1) If the entity is organized as a sole addressed in the final rule preamble. above, the Commission has estimated proprietorship, the proprietor; if a Refer to the ADDRESSES section of this these costs of preparing the annual partnership, any general partner; if a notice of proposed rulemaking for report and the recordkeeping costs to be corporation, any director, the president, comment submission instructions to the $13,600 per year per respondent. chief executive officer, chief operating Commission. A copy of the supporting However, there is little doubt that officer, chief financial officer, and any statements for the collections of futures commission merchants, swap person in charge of a principal business information discussed above may be dealers, and major swap participants unit, division or function subject to obtained by visiting RegInfo.gov. OMB already expend resources on regulation by the Commission; if a is required to make a decision compliance activities and compliance limited liability company or limited concerning the collection of information personnel. For these entities, the liability partnership, any director, the between 30 and 60 days after proposed rule would not substantially president, chief executive officer, chief publication of this document in the increase costs. operating officer, chief financial officer, Federal Register. Consequently, a With respect to benefits, the the manager, managing member or those comment to OMB is most assured of Commission has determined that there members vested with the management being fully effective if received by OMB would be benefits to both the registrants authority for the entity, and any person (and the Commission) within 30 days and to the financial system as a whole in charge of a principal business unit, after publication. if registrants undertake regular and division or function subject to

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regulation by the Commission; and, in swap dealer under § 23.21, or a major (ii) Provide an assessment as to the addition, any person occupying a swap participant under § 23.21, must effectiveness of these policies and similar status or performing similar include a designation of a chief procedures; and functions, such as the chief compliance compliance officer by submitting a Form (iii) Discuss areas for improvement, officer, having the power, directly or 8–R for the chief compliance officer as and recommend potential or prospective indirectly, through agreement or a principal of the applicant pursuant to changes or improvements to its otherwise, to exercise a controlling § 3.10(a)(2). compliance program and resources influence over the entity’s activities that (d) Chief compliance officer duties. devoted to compliance; are subject to regulation by the The chief compliance officer’s duties (3) Provide a statement of certification Commission; shall include, but are not limited to: of compliance with sections 619 and * * * * * (1) Establishing, in consultation with 716 of the Dodd-Frank Wall Street (g) Compliance policies. Compliance the board of directors or the senior Reform and Consumer Protection Act, policies means all policies, procedures, officer, compliance policies, as defined and any rules adopted pursuant thereto; codes, safeguards, rules, programs, and in § 3.1(g); (4) List any material changes to internal controls required to be adopted (2) In consultation with the board of compliance policies during the coverage or established by a registrant pursuant directors or the senior officer, resolving period for the report; to the Act and Commission regulations, any conflicts of interest that may arise; (5) Describe the financial, managerial, including a code of ethics. (3) Reviewing and ensuring operational, and staffing resources set (h) Board of directors. Board of compliance by the futures commission aside for compliance with respect to the directors means the board of directors, merchant, swap dealer, or major swap Act and Commission regulations, board of governors, or equivalent participant with compliance policies, as including any deficiencies in such governing body of a registrant. defined in § 3.1(g), and all applicable resources; 3. Add § 3.3 to read as follows: laws, rules, and regulations, including, (6) Describe any non-compliance § 3.3 Chief compliance officer. but not limited to the requirements set issues identified, and the corresponding (a) Designation. Each futures forth in the Act and Commission action taken; and commission merchant, swap dealer, and regulations; (7) Delineate the roles and major swap participant shall designate (4) Establishing procedures, in responsibilities of its board of directors an individual to serve as its chief consultation with the board of directors or senior officer, relevant board compliance officer, and provide the or the senior officer, for the remediation committees, and staff in addressing any chief compliance officer with the full of noncompliance issues identified by conflicts of interest, including any responsibility and authority to develop the chief compliance officer through a necessary coordination with, or and enforce, in consultation with the compliance office review, look-back, notification of, other entities, including board of directors or the senior officer, internal or external audit finding, self- regulators. appropriate policies and procedures to reported error, or validated complaint; (e) Furnishing the annual report to the fulfill the duties set forth in the Act and Commission. (5) Establishing procedures, in Commission regulations. (1) Prior to furnishing the annual consultation with the board of directors (1) The chief compliance officer shall report to the Commission, the chief or the senior officer, for the handling, report to the board of directors or the compliance officer shall provide the management response, remediation, senior officer of the futures commission annual report to the board of directors retesting, and closing of noncompliance merchant, swap dealer, or major swap or the senior officer of the futures issues; and participant. The board of directors or commission merchant, swap dealer, or the senior officer shall approve the (6) Preparing, signing, and certifying major swap participant for its review. compensation of the chief compliance the annual report required under Furnishing the annual report to the officer and meet with the chief paragraph (d) of this section. board of directors or the senior officer compliance officer at least once a year (d) Annual report. The chief shall be recorded in the board minutes to discuss the effectiveness of the compliance officer annually shall or otherwise, as evidence of compliance compliance policies, as defined in prepare a written report that covers the with this requirement. § 3.1(g), as well as the administration of most recently completed fiscal year of (2) The annual report shall be those policies by the chief compliance the futures commission merchant, swap furnished electronically to the officer. dealer, or major swap participant, and Commission not more than 90 days after (2) The board of directors or the provide the annual report to the board the end of the fiscal year of the futures senior officer of the futures commission of directors or the senior officer. The commission merchant, swap dealer, or merchant, swap dealer, or major swap annual report shall, at a minimum: major swap participant, simultaneously participant may not delegate its (1) Contain a description of the with the submission of Form 1–FR– authority over the chief compliance compliance by the futures commission FCM, as required under § 1.10(b)(2)(ii), officer, including authority to remove merchant, swap dealer, or major swap simultaneously with the Financial and the chief compliance officer. participant with respect to the Act and Operational Combined Uniform Single (b) Qualifications. The individual Commission regulations and each of the Report, as required under § 1.10(h), or designated to serve as chief compliance registrant’s compliance policies, as simultaneously with the financial officer shall have the background and defined in § 3.1(g); condition report, as required under skills appropriate for fulfilling the (2) Review each applicable section 4s(f) of the Act, as applicable. responsibilities of the position. No requirement under the Act and (3) The report shall include a individual disqualified from registration Commission regulations, and with certification by the chief compliance under section 8a(2)–(3) of the Act may respect to each: officer that, to the best of his or her serve as a chief compliance officer. (i) Identify the policies and knowledge and reasonable belief, and (c) Submission with registration. Each procedures that ensure compliance with under penalty of law, the information application for registration as a futures the requirement under the Act and contained in the annual report is commission merchant under § 3.10, a Commission regulations; accurate and complete.

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(4) The futures commission merchant, the applicable prudential regulator, as of our final rule. If EPA finds that Utah swap dealer, or major swap participant defined in 1a(39) of the Act. has failed to submit a complete SIP shall promptly furnish an amended Issued in Washington, DC, on November revision as required by a final rule or if annual report if material errors or 10, 2010, by the Commission. EPA disapproves such a revision, such omissions in the report are identified. David A. Stawick, finding or disapproval would trigger An amendment must contain the Secretary of the Commission. clocks for mandatory sanctions and an certification required under paragraph obligation for EPA to impose a Federal (e)(3) of this section. Statement of Chairman Gary Gensler Implementation Plan. EPA is also (5) A futures commission merchant, Designation of a Chief Compliance Officer; proposing that if EPA makes such a swap dealer, or major swap participant Required Compliance Policies; and finding or disapproval, sanctions would may request from the Commission an Annual Report of a Futures Commission apply consistent with 40 CFR 52.31, extension of time to furnish its annual Merchant, Swap Dealer, or Major Swap such that the offset sanction would report, provided the registrant’s failure Participant apply 18 months after such finding or to timely furnish the report could not be I support the proposed rulemaking disapproval and highway funding eliminated by the registrant without establishing requirements for the designation, restrictions would apply six months unreasonable effort or expense. qualifications and duties of a chief compliance officer of swap dealers, major later unless EPA first takes action to stay Extensions of the deadline will be the imposition of the sanctions or to granted at the discretion of the swap participants and futures commission merchants. These rules are intended to stop the sanctions clock based on the Commission. ensure that sufficient resources are devoted State curing the SIP deficiencies. EPA is (6) A futures commission merchant, to compliance with laws and regulations, also requesting comment on whether swap dealer, or major swap participant which is a core component of sound risk EPA should exercise its discretionary may incorporate by reference sections of management practices. The proposed rules authority under the Clean Air Act to an annual report that has been furnished fulfill the Dodd-Frank Act’s requirements impose highway funding restrictions in within the current or immediately that intermediaries have chief compliance all areas of the State, not just in officers and establish and administer preceding reporting period to the nonattainment areas. Commission. If the futures commission compliance policies, as well as resolve DATES: Comments must be received on merchant, swap dealer, or major swap certain conflicts of interest. or before December 20, 2010. participant is registered in more than [FR Doc. 2010–29021 Filed 11–18–10; 8:45 am] ADDRESSES one capacity with the Commission, and BILLING CODE 6351–01–P : Submit your comments, must submit more than one annual identified by Docket ID No. EPA–R08– report, an annual report submitted as OAR–2010–0909, by one of the following methods: one registrant may incorporate by ENVIRONMENTAL PROTECTION • reference sections in the annual report AGENCY http://www.regulations.gov. Follow furnished within the current or the on-line instructions for submitting immediately preceding reporting period 40 CFR Part 52 comments. • E-mail: [email protected]. as the other registrant. [EPA–R08–OAR–2010–0909; FRL–9228–9] • (f) Recordkeeping. Mail: Callie A. Videtich, Director, (1) The futures commission merchant, Finding of Substantial Inadequacy of Air Program, Environmental Protection swap dealer, or major swap participant Implementation Plan; Call for Utah Agency, Region 8, Mailcode 8P–AR, shall maintain: State Implementation Plan Revision 1595 Wynkoop Street, Denver, Colorado (i) A copy of the compliance policies, 80202–1129. as defined in § 3.1(g), and all other AGENCY: Environmental Protection • Fax: (303) 312–6064 (please alert policies and procedures adopted in Agency (EPA). the individual listed in FOR FURTHER furtherance of compliance with the Act ACTION: Proposed rule. INFORMATION CONTACT if you are faxing and Commission regulations; comments). (ii) Copies of materials, including SUMMARY: Pursuant to sections • Hand Delivery: Callie A. Videtich, written reports provided to the board of 110(a)(2)(H) and 110(k)(5) of the Clean Director, Air Program, Environmental directors or the senior officer in Air Act, EPA is proposing to find that Protection Agency (EPA), Region 8, connection with the review of the the Utah State Implementation Plan Mailcode 8P–AR, 1595 Wynkoop Street, annual report under paragraph (d) of (SIP) is substantially inadequate to Denver, Colorado 80202–1129. Such this section; and attain or maintain the national ambient deliveries are only accepted Monday (iii) Any records relevant to the air quality standards or to otherwise through Friday, 8 a.m. to 4:30 p.m., annual report, including, but not limited comply with the requirements of the excluding Federal holidays. Special to, work papers and other documents Clean Air Act. Specifically, the SIP arrangements should be made for that form the basis of the report, and includes Utah rule R307–107, which deliveries of boxed information. memoranda, correspondence, other exempts emissions during unavoidable Instructions: Direct your comments to documents, and records that are created, breakdowns from compliance with Docket ID No. EPA–R08–OAR–2010– sent or received in connection with the emission limitations. This rule 0909. EPA’s policy is that all comments annual report and contain conclusions, undermines EPA’s, Utah’s, and citizens’ received will be included in the public opinions, analyses, or financial data ability to enforce emission limitations docket without change and may be related to the annual report. that have been relied on to ensure made available online at http:// (2) All records or reports that a futures attainment or maintenance of the www.regulations.gov, including any commission merchant, swap dealer, or national ambient air quality standards personal information provided, unless major swap participant are required to or meet other Clean Air Act the comment includes information maintain pursuant to this section shall requirements. If EPA finalizes this claimed to be Confidential Business be maintained in accordance with § 1.31 proposed finding of substantial Information (CBI) or other information and shall be made available promptly inadequacy, Utah will be required to whose disclosure is restricted by statute. upon request to representatives of the revise its SIP to correct this deficiency Do not submit information that you Commission and to representatives of within 12 months of the effective date consider to be CBI or otherwise

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protected through http:// Definitions c. Explain why you agree or disagree; www.regulations.gov or e-mail. The suggest alternatives and substitute For the purpose of this document, the language for your requested changes. http://www.regulations.gov Web site is following definitions apply: an ‘‘anonymous access’’ systems, which d. Describe any assumptions and (i) The word Act or initials CAA mean means EPA will not know your identity provide any technical information and/ or refer to the Clean Air Act, unless the or contact information unless you or data that you used. context indicates otherwise. provide it in the body of your comment. e. If you estimate potential costs or (ii) The words EPA, we, us or our If you send an e-mail comment directly burdens, explain how you arrived at mean or refer to the United States to EPA, without going through http:// your estimate in sufficient detail to Environmental Protection Agency. www.regulations.gov your e-mail allow for it to be reproduced. (iii) The initials NAAQS mean address will be automatically captured f. Provide specific examples to national ambient air quality standard. and included as part of the comment illustrate your concerns, and suggest alternatives. that is placed in the public docket and (iv) The initials SIP mean or refer to State Implementation Plan. g. Explain your views as clearly as made available on the Internet. If you (v) The words State or Utah mean the possible, avoiding the use of profanity submit an electronic comment, EPA or personal threats. recommends that you include your State of Utah, unless the context indicates otherwise. h. Make sure to submit your name and other contact information in comments by the comment period the body of your comment and with any Table of Contents deadline identified. disk or CD–ROM you submit. If EPA I. General Information II. Background cannot read your comment due to II. Background technical difficulties and cannot contact III. Why is EPA proposing a SIP call? On September 20, 1999, Assistant you for clarification, EPA may not be A. Deficiencies in R307–107–1 Administrator for Enforcement and able to consider your comment. B. Deficiencies in R307–107–2 Compliance Assurance, Steven A. Electronic files should avoid the use of C. Conclusion Herman, and Assistant Administrator special characters, any form of IV. What happens if EPA issues a final SIP for Air and Radiation, Robert encryption, and be free of any defects or call and the State of Utah does not Perciasepe, issued the EPA’s most submit a complete SIP revision that viruses. For additional information responds to the SIP call or if EPA recent policy on appropriate State about EPA’s public docket visit the EPA disapproves a SIP revision that responds Implementation Plan (SIP) provisions Docket Center homepage at http:// to the SIP call? addressing excess emissions during www.epa.gov/epahome/dockets.htm. V. Proposed Action periods of startup, shutdown and For additional instructions on VI. Statutory and Executive Order Reviews malfunction (SSM). ‘‘State submitting comments, go to Section I. Implementation Plans: Policy Regarding I. General Information General Information of the Excess Emissions During Malfunctions, SUPPLEMENTARY INFORMATION section of What should I consider as I prepare my Startup and Shutdown’’ (1999 Policy). this document. comments for EPA? The 1999 Policy indicated that it was expanding on and clarifying two Docket: All documents in the docket 1. Submitting CBI. Do not submit this previous policies issued in 1982 and are listed in the http:// information to EPA through http:// 1983 by then Assistant Administrator www.regulations.gov index. Although www.regulations.gov or e-mail. Clearly for Air, Noise and Radiation Kathleen listed in the index, some information is mark the part or all of the information Bennett (‘‘1982 Policy’’ and ‘‘1983 not publicly available, e.g., CBI or other that you claim to be CBI. For CBI Policy’’). information whose disclosure is information in a disk or CD–ROM that In the 1982 and 1983 Policies, restricted by statute. Certain other you mail to EPA, mark the outside of the Assistant Administrator Bennett material, such as copyrighted material, disk or CD–ROM as CBI and then enunciated the Agency’s position that will be publicly available only in hard identify electronically within the disk or SIPs should not be approved if they copy. Publicly available docket CD–ROM the specific information that include exemptions for excess materials are available either is claimed as CBI. In addition to one emissions during malfunction events.1 electronically in http:// complete version of the comment that These policies reflect the Agency’s www.regulations.gov or in hard copy at includes information claimed as CBI, a interpretation that broad exemptions copy of the comment that does not the Air Program, Environmental from compliance with emission contain the information claimed as CBI Protection Agency, Region 8, 1595 limitations during periods of must be submitted for inclusion in the Wynkoop Street, Denver, Colorado malfunction prevent a SIP from public docket. Information so marked 80202–1129. EPA requests that if at all adequately ensuring attainment and will not be disclosed except in possible, you contact the individual maintenance of national ambient air accordance with procedures set forth in listed in the FOR FURTHER INFORMATION quality standards (NAAQS). For 40 CFR part 2. CONTACT section to view the hard copy purposes of demonstrating attainment of the docket. You may view the hard 2. Tips for Preparing Your Comments. and maintenance, states rely on copy of the docket Monday through When submitting comments, remember assumed compliance with emission Friday, 8 a.m. to 4 p.m., excluding to: limitations. See, e.g., Clean Air Act Federal holidays. a. Identify the rulemaking by docket (CAA) sections 110(a)(2)(A) and (C); 40 number and other identifying FOR FURTHER INFORMATION CONTACT: Tim CFR 51.112; Train v. NRDC, 421 U.S. information (subject heading, Federal Russ, Air Program, Mailcode 8P–AR, Register date and page number). 1 Environmental Protection Agency, As indicated above, the 1982, 1983, and 1999 b. Follow directions—The agency may Policies also address excess emissions provisions Region 8, 1595 Wynkoop Street, Denver, ask you to respond to specific questions for startup and shutdown events. However, because Colorado 80202–1129, (303) 312–6479, or organize comments by referencing a our proposed action only addresses a malfunction or [email protected]. provision—Utah’s unavoidable breakdown rule— Code of Federal Regulations (CFR) part we are not including any further discussion of the SUPPLEMENTARY INFORMATION: or section number. Policies as they relate to startup and shutdown.

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60, 78–79 (1975). Thus, the 1982 and The 1999 Policy reiterated EPA’s an unavoidable breakdown will not be 1983 Policies indicated that, because interpretation that all periods of excess deemed a violation * * * ’’ SIPs must provide for attainment and emissions should be considered Some version of the Utah unavoidable maintenance of the NAAQS, any SIP violations. However, the 1999 Policy breakdown rule has been in the SIP for provisions addressing malfunctions reflected our interpretation that a state many years. In 1980, EPA approved a must be narrowly drawn and should not could include a narrowly crafted variation of the current Utah provide a blanket exemption from affirmative defense provision in the SIP unavoidable breakdown rule. In the compliance with emission limitations; as an alternative to an enforcement proposed rulemaking preamble, EPA all periods during which emissions discretion provision. Under this stated that it could ‘‘not fully approve exceed emission limitations (‘‘excess approach, a SIP could provide an Regulation 4.7 because it exempts emissions’’) should constitute violations affirmative defense to an enforcement certain excess emissions from being under the SIP. action for penalties, but not to an action violations of the Air Conservation The 1982 and 1983 Policies stated for injunctive relief. The Agency Regulations,’’ but then proposed to that EPA could approve SIP revisions explained that because periods of excess approve Utah’s malfunction procedures that incorporated an enforcement emissions could undermine attainment because any exemptions granted by the discretion approach as described in the and maintenance of the NAAQS and Utah Executive Secretary ‘‘are not Policies. This enforcement discretion protection of prevention of significant applicable as a matter of federal law.’’ 44 approach envisioned commencement of deterioration (PSD) increments, an FR 28688, 28691 (May 16, 1979). EPA’s a proceeding to notify the source of its affirmative defense to an action for final approval of the regulation mirrored violation and a demonstration by the injunctive relief would not be this concept. 45 FR 10761, 10763 source that the excess emissions, appropriate.3 (February 19, 1980). However, thirty ‘‘though constituting a violation,’’ were We also indicated in the 1999 Policy years later, it is not clear how EPA due to an unavoidable malfunction. that we would not approve a rule that reached the conclusion that exemptions Following the proceeding and would bar EPA or citizen enforcement granted by Utah would not apply as a consideration of specific criteria, the based on a state’s decision to exercise its matter of federal law or whether a court state agency would decide whether to discretion not to pursue an enforcement would honor EPA’s interpretation; the pursue an enforcement action. The 1982 action. EPA explained that such a rule Utah rule itself makes no reference to a and 1983 Policies also advised that the would be inconsistent with the reservation of federal authority. Instead, state could choose not to include in the regulatory scheme established in Title I the rule merely states that information SIP any provision on malfunctions, of the CAA. submitted by a source regarding a which reflected the fact that the CAA Finally, the 1999 Policy noted that breakdown event would be ‘‘used by the does not require states to include in some SIPs had been approved that executive secretary in determining SIPs any form of relief for violations appeared to be in conflict with EPA’s whether a violation has occurred and/or caused by malfunctions. SSM policies. The Policy indicated that the need of further enforcement action.’’ EPA understood that some EPA Regional Offices should work with EPA approved a revised version of the malfunctions are unavoidable: the states to ensure SIPs were consistent rule in 1994 with no preamble ‘‘Generally, EPA agrees that the with EPA’s interpretation of the Act’s discussion, except to say that the Utah imposition of a penalty for sudden and requirements. air rules had been renumbered and new unavoidable malfunctions caused by Since the 1999 Policy was issued, requirements had been added (59 FR circumstances entirely beyond the EPA Region VIII has worked with states 35036, July 8, 1994; 40 CFR control of the owner and/or operator is within the Region to ensure that their 52.2320(c)(25)(i)(A)). The key aspects of not appropriate.’’ (1982 and 1983 Policies). However, EPA was also SIPs are consistent with EPA’s the unavoidable breakdown rule interpretation of the Act as set forth in remained the same. mindful of its duty under the CAA to 4 protect the NAAQS: the 1982, 1983, and 1999 Policies. Subsequently, Utah again re- Shortly after the 1999 Policy was issued, numbered its entire SIP regulations, and ‘‘The rationale for establishing these we advised Utah that its unavoidable EPA approved the re-numbered emissions as violations, as opposed to breakdown rule was inconsistent with regulations, including the re-numbered granting automatic exemptions, is that SIPs are ambient-based standards and any the CAA, and since that time, we have unavoidable breakdown rule, to emissions above the allowable may cause or asked Utah several times to revise the conform the federally-approved SIP to contribute to violations of the national rule. Among other things, the rule the numbering of Utah’s regulations. (70 ambient air quality standards. Without clear provides that ‘‘emissions resulting from FR 59681 (October 13, 2005).) EPA did definitions and limitations, these automatic not consider the substance of the exemption provisions could effectively 3 In a 2009 decision, the United States Court of unavoidable breakdown rule in that shield excess emissions arising from poor Appeals for the Tenth Circuit held that the policy action. Instead, EPA indicated that it operation and maintenance or design, thus was a ‘‘reasonable interpretation of the Clean Air precluding attainment. Additionally, by Act.’’ Arizona Public Service Company v. EPA, 562 was only approving the renumbering establishing an enforcement discretion F.3d 1116, 1129 (10th Cir. 2009). See also Michigan and that attempts to address problems approach and by requiring the source to Dept. of Environmental Quality v. EPA, 230 F.3d in the rules were ongoing: demonstrate the existence of an unavoidable 181 (6th Cir. 2000). 4 ‘‘By this action, EPA has reviewed the Utah malfunction on the source, good maintenance For example, at our request, the State of Colorado revised its SIP provisions for SSM. We Department of Air Quality’s (UDAQ) SIP procedures are indirectly encouraged.’’ (1982 submittals and found that these SIP 2 approved revised provisions in 2006 (71 FR 8958, Policy.) February 22, 2006) and 2008 (73 FR 45879, August submittals only renumber and restructure 7, 2008). At our request, the State of Wyoming UDAQ’s rules. EPA has not reviewed the 2 Even prior to the issuance of the 1982 and 1983 revised its SIP provision for malfunctions. We substance of these rules as part of this action; Policies, it was our interpretation that all excess approved the revised provision on April 16, 2010 EPA approved these state rules into the SIP emissions, regardless of cause, should be treated as (75 FR 19886). At our request, the State of North in previous rulemakings. The EPA is now violations so as to provide sources with the Dakota revised its SIP provision for malfunctions incentive to properly design their facilities in the and submitted the revised provision to us on April merely approving the renumbering system first instance and to improve their operation and 6, 2009. That provision is modeled on the Wyoming submitted by the State. The current version maintenance practices over time. See, e.g., 42 FR provision, and we intend to propose action on it of UDAQ’s rules does not contain substantive 58171 (November 8, 1977). shortly. changes from the prior codification that we

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approved into the SIP. EPA acknowledges draft. However, UDAQ did not pursue III. Why is EPA proposing a SIP call? that there are ongoing discussions with Utah further rulemaking action at that time. Utah rule R307–107 contains various to address EPA’s concerns with some rule During the August 2, 2006 midyear language that EPA previously approved into provisions that are inconsistent with review between UDAQ and EPA, the EPA’s interpretations regarding the the Utah SIP. In an April 18, 2002 letter from unavoidable breakdown rule was again Richard Sprott, Director of Utah’s Division of appropriate treatment of malfunction discussed. Mr. Sprott indicated that he Air Quality, to Richard Long, Director of the events in SIPs and which render the did not want to pursue further action on Air and Radiation Program in EPA Region 8, Utah SIP substantially inadequate. As a the unavoidable breakdown rule given UDAQ committed to work with us to address result, we are calling for a SIP revision. our concerns with the Utah SIP. Because the the disagreement between Utah industry SIP submittals only restructure and renumber and EPA. However, he said he was A. Deficiencies in R307–107–1 the existing SIP-approved regulations, aware that Colorado was in the process R307–107–1 indicates it applies to all contain no substantive changes, and UDAQ of revising its malfunction rule, that he regulated pollutants including those for has committed to address EPA’s concerns, we would be happy to benefit from the believe it is appropriate to propose to which there are NAAQS and states that Colorado process, and that if it ‘‘emissions resulting from unavoidable approve the submittal. Approving the concluded successfully, he would lead restructured and renumbered Utah rules into breakdown will not be deemed a the effort to adopt a new rule in Utah. the SIP will also facilitate future discussions violation of these regulations.’’ As on the rules. EPA will continue to require the Mr. Sprott also said that while he described above, our interpretation of State to correct any rule deficiencies despite wanted to complete a rule revision the CAA as expressed in our various EPA’s approval of this recodification.’’ (70 FR through a cooperative process, if it policy statements since the early 1980s couldn’t be done that way, EPA should at 59683) is that SIP provisions may not provide do a SIP call. Although Colorado Over the years Utah personnel that periods of excess emissions are not subsequently adopted a revised acknowledged that the unavoidable violations. breakdown rule should be revised and malfunction rule and we approved it We believe the Utah rule’s broad into the SIP without challenge (73 FR committed to do so. For example, in a exemption undermines the ability to 45879, August 7, 2008), we are unaware January 17, 2001 letter to EPA, Rick protect the NAAQS, PSD increments, of any further steps taken by Utah to Sprott, then the Executive Director of and visibility through enforcement of revise its unavoidable breakdown rule. the Utah Division of Air Quality To assure that a state’s SIP provides emission limits contained in the SIP. (UDAQ), wrote the following: for attainment and maintenance of the The Utah SIP contains generic emission ‘‘With respect to EPA’s concern with the NAAQS, and compliance with other limits that help areas maintain the breakdown rule currently approved into CAA requirements, sections 110(a)(2)(H) NAAQS as well as emission limits Utah’s SIP, UDAQ agrees that the rule would and 110(k)(5) of the CAA authorize EPA specifically modeled and relied on to benefit from clarification.’’ to find that a SIP is substantially bring areas not attaining the NAAQS Later, in an April 18, 2002 letter,5 Mr. Sprott inadequate to attain or maintain a into attainment. See, e.g., Utah rule wrote the following: NAAQS, or comply with other CAA R307–201 (‘‘General Emission ‘‘ The Utah Division of Air Quality commits requirements, and to require (‘‘call for’’) Standards’’) and Section IX.H.1 of the to work with EPA in good faith to develop Utah SIP (contains emission limits for approvable SIP revisions, which address the the state to submit, within a specified time period, a SIP revision to correct the the Utah County PM10 nonattainment following issues: area SIP). Because the NAAQS are not *** inadequacy. This CAA requirement for 8. Unavoidable breakdown rules and a SIP revision is known as a ‘‘SIP call.’’ directly enforceable against individual 6 consistency with the EPA September 20, The CAA authorizes EPA to allow a sources, SIPs rely on the adoption and 1999 policy regarding such breakdowns.’’ state up to 18 months to respond to a enforcement of these generic and SIP call. specific emission limits to attain and In 2004, UDAQ staff drafted maintain the NAAQS, as well as to replacement rule language for the On September 3, 2009, WildEarth Guardians (WEG) filed a complaint protect PSD increments and meet other breakdown rule, consulted with EPA CAA requirements, such as protection of and other stakeholders, and initiated the against EPA in the U.S. District Court for the District of Colorado (Civil Action visibility in Class I areas. State’s public process for SIP revisions. In the case of an unavoidable EPA provided detailed comments No. 09–cv–02109–MSK–KLM) seeking, among other things, an injunction breakdown, the rule’s exemption regarding draft rule language and in eliminates any opportunity to obtain January 2005 traveled to Utah to provide requiring EPA to issue a SIP call to Utah to revise the unavoidable breakdown injunctive relief that may be needed to a detailed presentation to UDAQ and protect the NAAQS, increments, and industry stakeholders regarding EPA’s rule. On November 23, 2009, we entered into a Consent Decree with WEG that visibility. Thus, the rule impedes the interpretations of the CAA and concerns ability to protect public health and the regarding UDAQ’s proposed requires us to sign a notice of final rulemaking action by February 28, 2011. environment. Furthermore, the rule’s replacement rule language. In that final rulemaking action we must exemption reduces a source’s incentive Following the January 2005 meeting, to design, operate, and maintain its Fred Nelson of the Utah Attorney determine whether the Utah breakdown provision (Utah Regulations 307–107–1 facility to meet emission limits at all General’s Office prepared another draft times. of possible replacement rule language, through 307–107–5) renders the Utah SIP ‘‘substantially inadequate’’ within We expect some commenters may which he shared with EPA and industry the meaning of section 110(k)(5) of the assert that we need to show a direct representatives. In May 2005, in an CAA, 42 U.S.C. 7410(k)(5), and, if EPA causal link between unavoidable attempt to ensure that any rule revision determines that the SIP is substantially breakdown excess emissions and could ultimately be approved by EPA, inadequate, require the State to revise specific threats to or violations of the EPA provided specific comments and the SIP as it relates to the Utah suggestions to Mr. Nelson regarding this breakdown provision. We intend to 6 See, e.g., Coalition Against Columbus Ctr. v. New York, 967 F.2d 764, 769 (2d Cir. 1992); League 5 April 18, 2002 letter from Rick Sprott, UDAQ to meet the requirements of the Consent to Save Lake Tahoe, Inc. v. Trounday, 598 F.2d Richard Long, EPA referred to as 15-point Decree through the rulemaking action 1164, 1173 (9th Cir. 1979); 57 FR 32276, July 21, commitment letter. we are initiating today. 1992.

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NAAQS to conclude that the SIP is delegation of federal authority—for as a Function of PSD,’’ from Edward E. substantially inadequate. We do not example, New Source Performance Reich to G.T. Helms and January 28, agree. It is our interpretation that the Standards (NSPS) and National 1993 memorandum entitled ‘‘Automatic fundamental integrity of the CAA’s SIP Emission Standards for Hazardous Air or Blanket Exemptions for Excess process and structure are undermined if Pollutants (NESHAPS). See Utah rules Emissions During Startup and emission limits relied on to meet CAA R307–210 and R307–214. To the extent Shutdowns under PSD,’’ from John B. requirements related to protection of any exemptions with respect to Rasnic to Linda M. Murphy. As noted, public health and the environment can malfunctions from these technology- in order to ensure non-degradation of air be violated without potential recourse. based standards are warranted, the quality at all times under the PSD We do not believe we are restricted to federal standards contained in EPA’s program and protection of the NAAQS issuing SIP calls only after a violation of regulations already specify the at all times, it is necessary for a source the NAAQS has occurred or only where appropriate exemptions. See, e.g., 40 to comply with its permit limits at all a violation can be directly linked to CFR 60.48Da(c). No additional times. This is another reason R307– specific excess emissions. It is sufficient exemptions are warranted or 107’s exemption renders the Utah SIP that emissions limits to which the appropriate. See, e.g., 40 CFR 60.10(a); substantially inadequate. unavoidable breakdown exemption 40 CFR 63.12(a)(1); and the 1999 Policy, applies have been, are being, and will be Attachment, page 3. Thus, R307–107–1 B. Deficiencies in R307–107–2 relied on to attain and maintain the is substantially inadequate because it R307–107–2 requires the source to NAAQS and meet other CAA improperly provides an exemption not submit information regarding an requirements.7 contained in and not sanctioned by the unavoidable breakdown to the executive Our interpretation of the CAA is delegated federal standards. secretary of Utah’s Air Quality Board supported by sections 110 and 302 of Our interpretation, as it applies to (UAQB) and indicates that the the CAA. Section 110(a)(2)(A) requires both technology-based standards and information ‘‘shall be used by the each SIP to include enforceable SIP limits, is further supported by a executive secretary in determining emission limitations necessary or 2008 U.S. Court of Appeals decision whether a violation has occurred and/or appropriate to meet the CAA’s that vacated EPA’s general malfunction the need of further enforcement action.’’ applicable requirements. As noted exemption from CAA section 112(d) In other words, the executive secretary above, these applicable requirements maximum achievable control shall determine whether the excess include attainment and maintenance of technology (MACT) standards. Sierra emissions were caused by an the NAAQS, prevention of significant Club v. EPA, 551 F.3d 1019 (DC Cir. unavoidable breakdown and, thus, deterioration, and improvement and 2008), cert. denied. The court vacated whether the excess emissions constitute protection of visibility in national parks the exemption because it was a violation or not. This rule provision and wilderness areas. Section 302(k) inconsistent with the CAA’s appears to give the executive secretary defines emission limitation as a requirement that emission standards— exclusive authority to determine requirement established by a state or such as the 112(d) MACT standards— whether excess emissions constitute a EPA that ‘‘limits the quantity, rate, or must apply continuously, as expressed violation.8 We believe this is concentration of emissions of air in section 302(k) of the CAA. The court inconsistent with the enforcement pollutants on a continuous basis.’’ specifically held that a regulatory structure contemplated by the CAA. (Emphasis added.) Because of the provision establishing a general duty to Specifically, the CAA provides exemption in R307–107–1, emission minimize hazardous air pollutant (HAP) authority to enforce violations of SIP limits in the Utah SIP that have been emissions during malfunctions was not and other CAA emission limits to EPA relied on by the State to demonstrate an emission standard under CAA and citizens as well as to the states. attainment and maintenance of the section 112. Although the decision Thus, the CAA provides EPA and NAAQS and meet other CAA addressed the HAP program and not the citizens with authority to pursue a requirements do not limit emissions on SIP program, it carries significant violation even if a state chooses not to. a continuous basis and are not fully weight for the SIP program as well See sections 113 and 304 of the CAA. enforceable. because section 302(k) is equally It is our interpretation, expressed in our R307–107–1 is also substantially relevant for the SIP program. R307–107– 1999 Policy, that SIP provisions that 1’s broad malfunction exemption from inadequate because it applies to all give exclusive authority to a state to ‘‘these regulations’’ is inconsistent with regulated pollutants, not just NAAQS determine whether an enforcement section 302(k) as interpreted by the pollutants, and because it indicates that action can be pursued for an exceedance Court in Sierra Club. excess emissions from an unavoidable of an emission limit are inconsistent breakdown are not deemed a violation As referenced in R307–107–1, ‘‘these regulations’’ would also include Utah’s of ‘‘these regulations.’’ ‘‘These 8 As we noted earlier, in a 1980 approval of a regulations’’ includes the totality of PSD and nonattainment major new predecessor to the current unavoidable breakdown Utah’s air pollution control regulations, source review (NSR) requirements. This rule, EPA indicated that EPA might not approve which include the regulations Utah has means a source could use the provisions exemptions granted by the State and that the State’s of R307–107 to claim an exemption exemption would not apply as a matter of federal incorporated by reference to receive law. Thirty years later, we are not sanguine that a from best available control technology court would uphold our interpretation, or that five 7 The U.S. Court of Appeals for the Eleventh (BACT) or lowest achievable emission years from now, anyone will remember that Circuit has recognized that a SIP call under CAA rate (LAER) limits in a major source interpretation. See, e.g., U.S. v. Ford Motor Co., 736 section 110(k)(5) is the appropriate mechanism for permit for excess emissions resulting F.Supp. 1539 (W.D. Mo. 1990) and U.S. v General EPA to require a change to an existing SSM Motors Corp., 702 F.Supp. 133 (N.D. Texas 1988) provision in a SIP: ‘‘EPA policy guidance cannot from an unavoidable breakdown. We (EPA could not pursue enforcement of SIP emission trump the SSM Rule adopted by Georgia and have consistently interpreted the Act to limits where states had approved alternative limits approved formally by the EPA * * * If the EPA not allow for outright exemptions from under procedures EPA had approved into the SIP.) believes that its current interpretation of the Clean BACT limits, and the same logic applies While we do not agree with the holdings of these Air Act requires Georgia to modify its SSM Rule, cases, we think the reasonable course is to eliminate the EPA should require the state to revise its SIP to LAER limits. See, e.g., 1977 any uncertainty about reserved enforcement to conform to EPA policy’’ (citing CAA section memorandum entitled ‘‘Contingency authority by requiring the State to revise or remove 110(k)(5)). Plan for FGD Systems During Downtime the unavoidable breakdown rule from the SIP.

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with the CAA’s regulatory scheme. EPA addressing the SIP deficiencies. Other and deferring the imposition of and citizens, and any court in which examples of provisions that have been sanctions would also apply. they seek to file an enforcement claim, approved or promulgated by EPA for Mandatory sanctions under section must retain the authority to areas within the Region are also 179 generally apply only in independently evaluate whether a available. See, e.g., https:// nonattainment areas. By its definition, source’s exceedance of an emission yosemite.epa.gov/R8/R8Sips.nsf/ the emission offset sanction applies limit warrants enforcement action. 641057911f6bd13987256b5f0054f380/ only in areas required to have a part D Because a court could interpret section 722dcc2462e7856a87256ef3005f6d4f/ NSR program, typically areas designated R307–107–2 as undermining the ability $FILE/Ch%201%20Sect%205.pdf nonattainment.9 Section 179(b)(1) of EPA and citizens to independently (Wyoming air rules, Chapter 1, Section expressly limits the highway funding exercise enforcement discretion granted 5, approved at 75 FR 19886, April 16, restriction to nonattainment areas. by the CAA, it is substantially 2010); 73 FR 21418, 21464, April 21, Additionally, EPA interprets the section inadequate to comply with CAA 2008. Third, another option to address 179 sanctions to apply only in the area requirements related to enforcement. the deficiencies is to simply remove or areas of the State that are subject to Because it undermines the envisioned R307–107 from the SIP. Under this or required to have in place the enforcement structure, attainment and option, no time would be needed to deficient SIP and for the pollutant or maintenance of the NAAQS and develop replacement SIP rule language. pollutants the specific SIP element compliance with other CAA IV. What happens if EPA issues a final addresses. In this case, mandatory requirements related to PSD, visibility, SIP call and the State of Utah does not sanctions would apply in all areas NSPS, and NESHAPS is less certain. submit a complete SIP revision that designated nonattainment for a NAAQS Potential EPA and citizen enforcement responds to the SIP call or if EPA within the State because Utah rule provides an important safeguard in the disapproves a SIP revision that R307–107 applies statewide and applies event a state lacks resources or responds to the SIP call? for all NAAQS pollutants. appropriate intention to enforce CAA EPA has additional authority to violations. Thus, R307–107–2 renders If Utah fails to submit a complete SIP impose discretionary sanctions under the SIP substantially inadequate to revision that responds to a final SIP call, CAA section 110(m). EPA’s authority to attain or maintain the NAAQS or CAA section 179(a) provides for EPA to impose sanctions under section 110(m) otherwise comply with the CAA. issue a finding of State failure. Such a is triggered by the same findings that finding starts mandatory 18-month and C. Conclusion trigger the mandatory imposition of 24-month sanctions clocks and a 24- sanctions. However, under section For the reasons stated above, EPA is month clock for promulgation of a 110(m), EPA may impose sanctions proposing to find, pursuant to sections federal implementation plan (FIP) by more quickly than provided under the 110(a)(2)(H) and 110(k)(5) of the CAA, EPA. The two sanctions that apply mandatory sanction provision and may that the Utah SIP is substantially under CAA section 179(b) are the 2-to- also impose them in a broader area. inadequate to attain or maintain the 1 emission offset requirement for all Specifically, under section 110(m), EPA NAAQS or to otherwise comply with new and modified major sources subject may impose sanctions ‘‘any time’’ after it the requirements of the CAA. Utah rule to the nonattainment new source review has made a finding of deficiency or R307–107 improperly undermines program and restrictions on highway disapproved a SIP. In addition, EPA EPA’s, Utah’s, and citizens’ ability to funding. However, section 179 leaves it may impose the sanctions with respect enforce emission limitations that have up to the Administrator to decide the to ‘‘any portion of the State the been relied on in the SIP to ensure order in which these sanctions apply. Administrator determines reasonable attainment and maintenance of the EPA issued an order of sanctions rule in and appropriate.’’ Finally, although NAAQS or meet other CAA 1994 (59 FR 39832, August 4, 1994, imposition of the 2-to-1 offset sanction requirements. Pursuant to sections codified at 40 CFR 52.31) but did not is still limited by its terms to areas with 110(a)(2)(H) and 110(k)(5) of the CAA, specify the order of sanctions where a part D NSR programs, the highway we are proposing to call for Utah to state fails to submit or submits a funding restrictions can be applied in remove R307–107 from the SIP or revise deficient SIP in response to a SIP call. areas designated as attainment or it to be consistent with CAA However, the order of sanctions unclassifiable as well as those requirements. specified in that rule (40 CFR 52.31) We are proposing that Utah must should apply here for the same reasons designated nonattainment. See 59 FR respond to our SIP call within 12 discussed in the preamble to that rule. 1476 (January 11, 1994); 40 CFR months of the effective date of a final Thus, if EPA issues a final SIP call and 52.30(d)(2). EPA may determine rule issuing a SIP call. We think this is Utah fails to submit the required SIP whether or not to use this authority in a reasonable amount of time for several revision, or submits a revision that EPA response to a SIP failure, and, thus, they reasons. First, Utah has been aware of determines is incomplete or that EPA are termed discretionary sanctions. our concerns for years. Utah previously disapproves, EPA proposes that the 2-to- Because only limited portions of the initiated the State rulemaking process to 1 emission offset requirement will apply State are designated nonattainment, the address the SIP deficiencies but for all new sources subject to the mandatory sanctions would not be dropped its efforts when it couldn’t nonattainment new source review applicable in all areas of the State that achieve consensus. Second, industry program 18 months following such are covered by the rule we have and WildEarth Guardians’ predecessor finding or disapproval unless the State proposed is deficient. EPA is requesting had extensive involvement in the corrects the deficiency before that date. comment on whether to exercise its development of the Colorado EPA proposes that the highway funding discretionary authority to impose the malfunction rule, which, as noted restrictions sanction will also apply 24 highway funding restrictions sanction in above, we approved in 2008. The months following such finding or all areas of the State, regardless of Colorado malfunction rule is readily disapproval unless the State corrects the 9 An exception to this, not relevant here, is areas available online, and use of the deficiency before that date. EPA is also located in the Ozone Transport Region, which are Colorado rule as a template would give proposing that the provisions in 52.31 required to have a part D NSR program regardless the UAQB a substantial head start in regarding staying the sanctions clock of the area’s designation. See CAA section 184(b)(2).

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designation, if it finalizes this proposed Distribution, or Use’’ (66 FR 28355, May compliance costs would not be SIP call and the State fails to submit a 22, 2001). substantial because the proposed SIP complete SIP revision or EPA This proposed action would only call would require Utah to submit only disapproves such revision. If EPA were require the State of Utah to revise UAC those revisions necessary to address the to impose discretionary sanctions, EPA R307–107 to address requirements of SIP deficiencies and applicable CAA proposes that the same 24-month clock the CAA. Accordingly, the requirements. would apply to the highway funding Administrator certifies that this EPA interprets Executive Order 13045 sanction as would apply under the proposed action would not have a ‘‘Protection of Children from mandatory sanctions. significant economic impact on a Environmental Health Risks and Safety In addition to sanctions, if EPA substantial number of small entities Risks’’ (62 FR 19885, April 23, 1997) as finalizes this SIP call and then finds that under the Regulatory Flexibility Act (5 applying only to those regulatory the State failed to submit a complete SIP U.S.C. 601 et seq.) because this actions that concern health or safety revision that responds to the SIP call or proposed action would not impose any risks, such that the analysis required disapproves such revision, the requirements on small entities. under section 5–501 of the Executive requirement under section 110(c) would Since the only costs of this action Order has the potential to influence the be triggered that EPA promulgate a FIP would be those associated with regulation. This action is not subject to no later than two years from the date of preparation and submission of the SIP Executive Order 13045 because it would the finding or the disapproval if the revision, EPA has determined that this not establish an environmental deficiency has not been corrected. proposed action would not include a standard, but instead would require Federal mandate that may result in Utah to revise a state rule to address V. Proposed Action expenditures of $100 million or more to requirements of the CAA. either state, local, or tribal governments EPA is proposing that the Utah SIP is Section 12 of the National Technology in the aggregate, or to the private sector substantially inadequate to attain or Transfer and Advancement Act of 1995 in any one year. Accordingly, this maintain the NAAQS or to otherwise requires Federal agencies to evaluate proposed action is not subject to the comply with requirements of the CAA requirements of sections 202 or 205 of existing technical standards when due to significant deficiencies created the unfunded mandates reform act developing a new regulation. To comply by Utah’s unavoidable breakdown rule, (UMRA). with the National Technology Transfer R307–107. Pursuant to CAA sections In addition, since the only regulatory and Advancement Act, EPA must 110(a)(2)(H) and 110(k)(5), EPA is requirements of this proposed action consider and use ‘‘voluntary consensus proposing to require that Utah revise the would apply solely to the State of Utah, standards’’ (VCS) if available and SIP to correct the inadequacies and this action is not subject to the applicable when developing programs submit the revised SIP to EPA within requirements of section 203 of UMRA and policies unless doing so would be 12 months of the effective date of a final because it contains no regulatory inconsistent with applicable law or rule finding the SIP substantially requirements that might significantly or otherwise impractical. In making a inadequate. EPA is proposing that uniquely affect small governments. finding of a SIP deficiency, EPA’s role mandatory sanctions under CAA section Since this proposed action would is to review existing information against 179 would apply as provided in 40 CFR impose requirements only on the State previously established standards. In this 50.31 should Utah not submit a of Utah, it also does not have tribal context, there is no opportunity to use complete SIP consistent with a final SIP implications. It would not have a VCS. Thus, the requirements of section call requirement or should EPA substantial direct effect on one or more 12(d) of the National Technology disapprove any such submission. EPA is Indian tribes, on the relationship Transfer and Advancement Act of 1995 also requesting comment on whether between the Federal Government and (15 U.S.C. 272 note) do not apply. EPA should exercise its discretionary Indian tribes, or on the distribution of This proposed action would not authority under section 110(m) to power and responsibilities between the impose an information collection impose highway funding restrictions in Federal Government and Indian tribes, burden under the provisions of the all areas of the State if 24 months after as specified by Executive Order 13175 Paperwork Reduction Act of 1995 (44 a sanctions clock has been triggered, the (65 FR 67249, November 9, 2000). U.S.C. 3501 et seq.), since it would only State has still not corrected the This proposed action also does not require the State of Utah to revise UAC deficiency that triggered the sanctions have Federalism implications because it R307–107 to address requirements of clock. would not have substantial direct effects the CAA. We are soliciting comments on these on the states, on the relationship List of Subjects in 40 CFR Part 52 proposed actions. Final rulemaking will between the national government and occur after consideration of any the states, or on the distribution of Environmental protection, Air comments. power and responsibilities among the pollution control, Carbon monoxide, various levels of government, as Intergovernmental relations, Lead, VI. Statutory and Executive Order specified in Executive Order 13132 (64 Nitrogen dioxide, Ozone, Particulate Reviews FR 43255, August 10, 1999), because it matter, Reporting and recordkeeping Under Executive Order 12866 (58 FR would simply maintain the relationship requirements, Sulfur oxides, Volatile 51735, October 4, 1993), this proposed and the distribution of power and organic compounds. action is not a ‘‘significant regulatory responsibilities between EPA and the Authority: 42 U.S.C. 7401 et seq. action’’ and therefore is not subject to states as established by the CAA. This review by the Office of Management and proposed SIP call is required by the Dated: November 10, 2010. Budget. For this reason, this action is CAA because EPA believes the current James B. Martin, also not subject to Executive Order SIP is substantially inadequate to attain Regional Administrator, Region 8. 13211, ‘‘Actions Concerning Regulations or maintain the NAAQS or comply with [FR Doc. 2010–29237 Filed 11–18–10; 8:45 am] That Significantly Affect Energy Supply, other CAA requirements. Utah’s direct BILLING CODE 6560–50–P

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Notices Federal Register Vol. 75, No. 223

Friday, November 19, 2010

This section of the FEDERAL REGISTER the collection of information unless it DEPARTMENT OF AGRICULTURE contains documents other than rules or displays a currently valid OMB control proposed rules that are applicable to the number. Submission for OMB Review; public. Notices of hearings and investigations, Comment Request committee meetings, agency decisions and Foreign Agricultural Service rulings, delegations of authority, filing of November 15, 2010. petitions and applications and agency Title: Food Donation Programs (Food The Department of Agriculture has statements of organization and functions are for Progress & Section 416(b) and submitted the following information examples of documents appearing in this McGovern-Dole International Food for collection requirement(s) to OMB for section. Education and Child Nutrition review and clearance under the Program). Paperwork Reduction Act of 1995, OMB Control Number: 0551–0035. Public Law 104–13. Comments DEPARTMENT OF AGRICULTURE Summary of Collection: The U.S. regarding (a) whether the collection of Submission for OMB Review; Department of Agriculture’s Foreign information is necessary for the proper Comment Request Agricultural Service (FAS) provide U.S. performance of the functions of the agricultural commodities to feed agency, including whether the November 15, 2010. millions of hungry people in needy information will have practical utility; The Department of Agriculture has countries through direct donations and (b) the accuracy of the agency’s estimate submitted the following information concessional programs. USDA Food aid of burden including the validity of the collection requirement(s) to OMB for may be provided through four program methodology and assumptions used; (c) review and clearance under the authorities: Food for Progress; Section ways to enhance the quality, utility and Paperwork Reduction Act of 1995, 416(b); the McGovern-Dole International clarity of the information to be Public Law 104–13. Comments Food for Education and Child Nutrition collected; (d) ways to minimize the regarding (a) Whether the collection of Program; and Public Law 480 (Pub. L. burden of the collection of information information is necessary for the proper 480). The authorities to collection on those who are to respond, including performance of the functions of the information for these programs are through the use of appropriate agency, including whether the under 7 CFR part 1499, Foreign automated, electronic, mechanical, or information will have practical utility; Donation Programs and 7 CFR part other technological collection (b) the accuracy of the agency’s estimate 1599, McGovern-Dole International techniques or other forms of information of burden including the validity of the Food for Education and Child Nutrition technology should be addressed to: Desk methodology and assumptions used; (c) Program. Officer for Agriculture, Office of ways to enhance the quality, utility and Need and Use of the Information: FAS Information and Regulatory Affairs, clarity of the information to be will collect information from the Office of Management and Budget collected; (d) ways to minimize the Cooperating Sponsor to determine its (OMB), OIRA_Submission@ burden of the collection of information ability to carry out a food aid program, OMB.EOP.GOV or fax (202) 395–5806 on those who are to respond, including to establish the terms under which the and to Departmental Clearance Office, through the use of appropriate commodities will be provided, to USDA, OCIO, Mail Stop 7602, automated, electronic, mechanical, or monitor the progress of commodity Washington, DC 20250–7602. other technological collection distribution (including how Comments regarding these information techniques or other forms of information transportation is procured), to monitor collections are best assured of having technology should be addressed to: Desk the progress of expenditure of their full effect if received within 30 Officer for Agriculture, Office of monetization funds, and to evaluate days of this notification. Copies of the Information and Regulatory Affairs, both the program’s success and the submission(s) may be obtained by Office of Management and Budget participant’s effectiveness in meeting calling (202) 720–8958. (OMB), OIRA_Submission@ the agreed upon goals. Information is An agency may not conduct or OMB.EOP.GOV or fax (202) 395–5806 also collected from ship owners/brokers sponsor a collection of information and to Departmental Clearance Office, shipping the commodity to its unless the collection of information USDA, OCIO, Mail Stop 7602, destination. displays a currently valid OMB control Washington, DC 20250–7602. Description of Respondents: Not-for- number and the agency informs Comments regarding these information potential persons who are to respond to collections are best assured of having profit institutions; Business or other for- profit. the collection of information that such their full effect if received within 30 persons are not required to respond to days of this notification. Copies of the Number of Respondents: 232. the collection of information unless it submission(s) may be obtained by Frequency of Responses: displays a currently valid OMB control calling (202) 720–8958. Recordkeeping; Reporting: Semi- number. An agency may not conduct or annually; Quarterly. Farm Service Agency sponsor a collection of information Total Burden Hours: 141,989. unless the collection of information Title: Noninsured Crop Disaster displays a currently valid OMB control Ruth Brown, Assistance Program. number and the agency informs Departmental Information Collection OMB Control Number: 0560–0175. potential persons who are to respond to Clearance Officer. Summary of Collection: The the collection of information that such [FR Doc. 2010–29161 Filed 11–18–10; 8:45 am] Noninsured Crop Assistance Program persons are not required to respond to BILLING CODE 3410–10–P (NAP) is authorized under 7 U.S.C. 7333

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and implemented under regulations ‘‘The head of an Executive department SUMMARY: In accordance with the issued at 7 CFR Part 1437. The NAP is or military department may prescribe Paperwork Reduction Act of 1995, this administered under the general regulations for the government of his notice announces the Animal and Plant supervision of the Executive Vice- department, the distribution and Health Inspection Service’s intention to President of the Commodity Credit performance of its business * * *’’ The revise an information collection Corporation (CCC) (who also serves as Secretary delegated authority to associated with the interstate movement Administrator, Farm Service Agency administer the provisions of the Act of animals affected with Johne’s disease (FSA)), and is carried out by the FSA applicable to the Farm Loan Program and to request extension of approval of State and County committees. NAP is (FLP) to the Under Secretary for Farm the information collection to protect the intended to reduce financial losses that and Foreign Agricultural Service in U.S. animal population. occur when natural disasters cause a section 2.16 of 7 CFR part 2. FLP DATES: We will consider all comments catastrophic loss of production or provides loans to family farmers to that we receive on or before January 18, prevented planting of an eligible crop by purchase real estate equipment and 2011. providing coverage equivalent to the finance agricultural production. The ADDRESSES: You may submit comments catastrophic risk protection level of regulations covered by this information by either of the following methods: Federal Crop Insurance. NAP provides collection package describes the policies • Federal eRulemaking Portal: Go to assistance for losses of floriculture, and procedures for the Farm Service http://www.regulations.gov/fdms ornamental nursery, Christmas tree Agency’s (FSA) servicing of financially public/component/main?main=Docket crops, turfgrass sod, seed crops, distressed or delinquent direct loan Detail&d=APHIS-2010-0092 to submit aquaculture (including ornamental fish), borrowers in accordance with the or view comments and to view sea oats and sea grass, and industrial provisions of the Consolidated Farm supporting and related materials crops. FSA will collect information and Rural Development Act (Act) (Pub. available electronically. using several forms. L. 87–128), as amended. FSA’s loan • Postal Mail/Commercial Delivery: Need and Use of the Information: The servicing options include disaster set- Please send one copy of your comment information collected is necessary to aside, primary loan servicing (including to Docket No. APHIS–2010–0092, determine whether a producer and crop reamortization, rescheduling, deferral, Regulatory Analysis and Development, or commodity meet applicable write down and conservation contracts), PPD, APHIS, Station 3A–03.8, 4700 conditions for assistance and to buyout at market value, and homestead River Road Unit 118, Riverdale, MD determine compliance with existing protection. 20737–1238. Please state that your rules. Producers must annually: (1) Need and Use of the Information: comment refers to Docket No. APHIS– Request NAP coverage by completing an Information collections are submitted by 2010–0092. application for coverage and paying a FLP direct loan borrowers to the local Reading Room: You may read any service fee by the CCC-established FSA office serving the country in which comments that we receive on this application closing date; (2) file a their business is headquartered. The docket in our reading room. The reading current crop-year report of acreage for collected information is necessary to room is located in room 1141 of the the covered crop or commodity; and (3) evaluate a borrower’s request for USDA South Building, 14th Street and certify production of each covered crop consideration of the special servicing Independence Avenue, SW., or commodity. The information actions. Washington, DC. Normal reading room collected allows CCC to provide Description of Respondents: hours are 8 a.m. to 4:30 p.m., Monday assistance under NAP for losses of Individuals or households; Business or through Friday, except holidays. To be commercial crops or other agricultural other for-profit; Farms. sure someone is there to help you, commodities (except livestock) for Number of Respondents: 14,505. please call (202) 690–2817 before Frequency of Responses: Reporting: which catastrophic risk protection coming. under 7 U.S.C. Section 1508 is not On occasion; Annually. Other Information: Additional Total Burden Hours: 15,236. available, and that are produced for food information about APHIS and its or fiber. If information is not collected Ruth Brown, programs is available on the Internet at FSA will not be able to identify and Departmental Information Collection http://www.aphis.usda.gov. determine eligible participants and Clearance Officer. FOR FURTHER INFORMATION CONTACT: For crops being planted or produced, or [FR Doc. 2010–29162 Filed 11–18–10; 8:45 am] information on the interstate movement provide assistance to agricultural BILLING CODE 3410–05–P of animals affected with Johne’s Disease, producers who as a result of natural contact Dr. Michael Carter, Assistant disaster have suffered catastrophic Director, Ruminant Health Programs, losses of agricultural crops or DEPARTMENT OF AGRICULTURE VS, APHIS, 4700 River Road Unit 46, commodities. Riverdale, MD 20737; (301) 734–4914. Description of Respondents: Farms. Animal and Plant Health Inspection For copies of more detailed information Number of Respondents: 291,500. Service Frequency of Responses: on the information collection, contact Recordkeeping; Reporting: On occasion; [Docket No. APHIS–2010–0092] Mrs. Celeste Sickles, APHIS’ Information Collection Coordinator, at Weekly; Monthly; Annually. Notice of Revision and Request for Total Burden Hours: 2,119,280. (301) 851–2908. Extension of Approval of an SUPPLEMENTARY INFORMATION: Farm Service Agency Information Collection; Johne’s Title: Johne’s Disease. Title: 7 CFR 766, Direct Loan Disease OMB Number: 0579–0338. Servicing—Special. AGENCY: Animal and Plant Health Type of Request: Revision and OMB Control Number: 0560–0233. Inspection Service, USDA. extension of approval of an information Summary of Collection: Authority to collection. ACTION: Revision and extension of establish the regulatory requirements Abstract: Under the Animal Health approval of an information collection; contained in 7 CFR 766 is provided Protection Act (7 U.S.C. 8301 et seq.), comment request. under 5 U.S.C. 301 which provides that the Animal and Plant Health Inspection

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Service (APHIS) is authorized, among approve our use of these information Done in Washington, DC, November 15, other things, to prevent the introduction collection activities for an additional 2010. and interstate spread of serious diseases 3 years. Kevin Shea, and pests of livestock and for This information collection includes Acting Administrator, Animal and Plant eradicating such diseases from the information collection requirements Health Inspection Service. United States when feasible. In support currently approved by OMB control [FR Doc. 2010–29254 Filed 11–18–10; 8:45 am] of this mission, Veterinary Services numbers 0579–0148, ‘‘Johne’s Disease in BILLING CODE 3410–34–P (VS), APHIS, prohibits or restricts the Domestic Animals; Interstate interstate movement of livestock that Movement,’’ and 0579–0338, ‘‘Voluntary have, or have been exposed to, certain Bovine Johne’s Disease Control DEPARTMENT OF AGRICULTURE diseases. Program.’’ After OMB approves and Animal and Plant Health Inspection Johne’s disease, also known as combines the burden for both Service paratuberculosis, is caused by collections under a single collection Mycobacterium avium subspecies titled ‘‘Johne’s Disease’’ (0579–0338), the [Docket No. APHIS–2010–0106] paratuberculosis and primarily affects Department will retire number 0579– cattle, sheep, goats, and other domestic, 0148. Notice of Request for Extension of exotic, and wild ruminants. The disease Approval of an Information Collection; is a chronic and contagious enteritis that The purpose of this notice is to solicit South American Cactus Moth; results in progressive wasting and comments from the public (as well as Quarantine and Regulations eventual death. It is nearly always affected agencies) concerning our information collection. These comments introduced into a healthy herd by an AGENCY: Animal and Plant Health will help us: infected animal that is not showing Inspection Service, USDA. (1) Evaluate whether the collection of symptoms of the disease. ACTION: information is necessary for the proper Extension of approval of an The regulations in 9 CFR, chapter I, information collection; comment subchapter C, govern the interstate performance of the functions of the request. movement of animals to prevent the Agency, including whether the dissemination of livestock and poultry information will have practical utility; SUMMARY: In accordance with the diseases in the United States. (2) Evaluate the accuracy of our Paperwork Reduction Act of 1995, this Subchapter C, part 71, contains general estimate of the burden of the collection notice announces the Animal and Plant provisions for the interstate movement of information, including the validity of Health Inspection Service’s intention to of animals, poultry, and their products, the methodology and assumptions used; request extension of approval of an while part 80 pertains specifically to the (3) Enhance the quality, utility, and information collection associated with interstate movement of domestic clarity of the information to be regulations for the interstate movement animals that are positive to an official collected; and of regulated articles to prevent the test for Johne’s disease. spread of South American cactus moth. These regulations provide that cattle, (4) Minimize the burden of the DATES: sheep, goats, and other domestic collection of information on those who We will consider all comments animals that are positive to an official are to respond, through use, as that we receive on or before January 18, test for Johne’s disease may generally be appropriate, of automated, electronic, 2011. moved interstate only to a recognized mechanical, and other collection ADDRESSES: You may submit comments slaughtering establishment or to an technologies; e.g., permitting electronic by either of the following methods: approved livestock facility for sale to submission of responses. • Federal eRulemaking Portal: Go to such an establishment. Supplementing Estimate of burden: The public http://www.regulations.gov/fdmspublic the regulations are standards outlined in reporting burden for this collection of /component/main?main= the document, ‘‘Uniform Program information is estimated to average DocketDetail&d=APHIS–2010–0106 to Standards for the Voluntary Bovine 0.57767189 hours per response. submit or view comments and to view Johne’s Disease Control Program’’ Respondents: State animal health supporting and related materials (VBJDCP). The voluntary, cooperative officials; State personnel performing available electronically. program is administered by the States VBJDCP activities; herd owners; • Postal Mail/Commercial Delivery: and supported by industry and APHIS. producers; livestock shippers; Johne’s- Please send one copy of your comment As part of the Agency’s efforts to certified veterinarians; and accredited to Docket No. APHIS–2010–0106, protect the U.S. animal population and veterinarians. Regulatory Analysis and Development, prevent the interstate spread of Johne’s Estimated annual number of PPD, APHIS, Station 3A–03.8, 4700 disease, VS uses certain information respondents: 9,125. River Road Unit 118, Riverdale, MD 20737–1238. Please state that your collection activities, including Johne’s Estimated annual number of comment refers to Docket No. APHIS– Disease Control Program Annual responses per respondent: 7.244387. Reports (VS Form 4–29), quarterly 2010–0106. reports, Johne’s Vaccination Records Estimated annual number of Reading Room: You may read any (VS Forms 4–27 and 4–27A), VBJDCP responses: 66,105. comments that we receive on this test records (VS Forms 4–30 and 4– Estimated total annual burden on docket in our reading room. The reading 30A), Herd Enrollment forms (VS Form respondents: 38,187 hours. (Due to room is located in room 1141 of the 4–28), Risk Assessment and Herd averaging, the total annual burden hours USDA South Building, 14th Street and Management for Dairy Cattle forms (VS may not equal the product of the annual Independence Avenue, SW., Form 4–32), Risk Assessment and Herd number of responses multiplied by the Washington, DC. Normal reading room Management for Beef Cattle forms (VS reporting burden per response.) hours are 8 a.m. to 4:30 p.m., Monday Form 4–35), owner-shipper statements All responses to this notice will be through Friday, except holidays. To be (VS Form 1–27), and official eartags. summarized and included in the request sure someone is there to help you, We are asking the Office of for OMB approval. All comments will please call (202) 690–2817 before Management and Budget (OMB) to also become a matter of public record. coming.

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Other Information: Additional performance of the functions of the County Health Department, 2625 N. information about APHIS and its Agency, including whether the King St., Flagstaff, Arizona 86004. Send programs is available on the Internet at information will have practical utility; written comments to Brady Smith, RAC http://www.aphis.usda.gov. (2) Evaluate the accuracy of our Coordinator, Coconino Resource FOR FURTHER INFORMATION CONTACT: For estimate of the burden of the collection Advisory Committee, c/o Forest Service, information on regulations for the of information, including the validity of USDA, 1824 S. Thompson St., Flagstaff, interstate movement of regulated the methodology and assumptions used; Arizona 86001 or electronically to articles to prevent the spread of South (3) Enhance the quality, utility, and [email protected]. American cactus moth, contact Dr. clarity of the information to be FOR FURTHER INFORMATION CONTACT: Robyn Rose, Program Manager, collected; and Brady Smith, Coconino National Forest, (4) Minimize the burden of the Emergency and Domestic Programs, (928) 527–3490. collection of information on those who PPQ, APHIS, 4700 River Road Unit 26, are to respond, through use, as SUPPLEMENTARY INFORMATION: Agenda Riverdale, MD 20737; (301) 734–7121. appropriate, of automated, electronic, items for this meeting include (1) For copies of more detailed information mechanical, and other collection Membership changes; (2) Caucus on the information collection, contact technologies; e.g., permitting electronic breakout and discussion; (3) Mrs. Celeste Sickles, APHIS’ submission of responses. Calendaring for future meetings and Information Collection Coordinator, at Estimate of burden: The public deadlines for proposals. The meeting is (301) 851–2908. reporting burden for this collection of open to the public. SUPPLEMENTARY INFORMATION: information is estimated to average Dated: November 15, 2010. Title: South American Cactus Moth; 0.32352 hours per response. M. Earl Stewart, Quarantine and Regulations. Respondents: State plant health Forest Supervisor, Coconino National Forest. OMB Number: 0579–0337. officials. Type of Request: Extension of Estimated annual number of [FR Doc. 2010–29243 Filed 11–18–10; 8:45 am] approval of an information collection. respondents: 6. BILLING CODE 3410–11–P Abstract: As authorized by the Plant Estimated annual number of Protection Act (7 U.S.C. 7701 et seq.) responses per respondent: 5.6666. (PPA), the Secretary of Agriculture, Estimated annual number of COMMISSION ON CIVIL RIGHTS either independently or in cooperation responses: 34. with States, may carry out operations or Estimated total annual burden on Sunshine Act Notice—AMENDED measures to detect, eradicate, suppress, respondents: 11 hours. (Due to AGENCY: United States Commission on control, prevent, or retard the spread of averaging, the total annual burden hours Civil Rights. may not equal the product of the annual plant pests that are new to or not widely ACTION: Notice of meeting. distributed within the United States. number of responses multiplied by the reporting burden per response.) This authority has been delegated to the DATE AND TIME: Friday, November 19, All responses to this notice will be Animal and Plant Health Inspection 2010; 8:45 a.m. EST. Service (APHIS) of the U.S. Department summarized and included in the request for OMB approval. All comments will PLACE: 624 Ninth Street, NW., Room of Agriculture, which administers 540, Washington, DC 20425. regulations to implement the PPA. also become a matter of public record. In accordance with the regulations in Done in Washington, DC on November 15, Meeting Agenda ‘‘Subpart—South American Cactus 2010. This meeting is open to the public. Moth’’ (§§ 301.55 through 301.55–9), Kevin Shea, I. Approval of Agenda APHIS restricts the interstate movement Acting Administrator, Animal and Plant II. Program Planning of cactus moth host material, including Health Inspection Service. • Approval of New Black Panther nursery stock and plant parts for [FR Doc. 2010–29251 Filed 11–18–10; 8:45 am] Party Enforcement Report consumption, from infested areas of the BILLING CODE 3410–34–P • Motion Regarding Healthcare United States to help prevent the Disparities Report Commissioner artificial spread of South American Statements & Rebuttals cactus moth into noninfested areas of DEPARTMENT OF AGRICULTURE • Consideration of Findings and the United States. The regulations Forest Service Recommendations for Briefing contain requirements for the interstate Report on English-Only in the movement of regulated articles and Coconino Resource Advisory Workplace • involve information collection Committee Update on FY 2011 Cy Pres activities, including compliance Enforcement Report & agreements (PPQ Form 519), limited AGENCY: Forest Service, USDA. Consideration of Project Outline permits (PPQ Form 530), and certificates ACTION: Notice of meeting. and Discovery Plan (PPQ Form 540). • Consideration of Policy on We are asking the Office of SUMMARY: The Coconino Resource Commissioner Statements and Management and Budget (OMB) to Advisory Committee will meet in Rebuttals approve our use of these information Flagstaff, Arizona, to discuss proposal • Discussion of Possible Briefing collection activities for an additional 3 criteria, voting procedures, meeting Topics for FY 2011 years. dates, proposal deadlines, and various • Update on Status of Briefing on The purpose of this notice is to solicit operating guideline protocols. No Disparate Impact in School comments from the public (as well as proposals will be heard at this meeting. Discipline Policies affected agencies) concerning our DATES: The meeting will be held • Update on Sex Discrimination in information collection. These comments December 17, 2010, beginning at 12 p.m. Liberal Arts College Admissions— will help us: to approximately 4 p.m. Some of the discussion of this (1) Evaluate whether the collection of ADDRESSES: The meeting will be held in agenda item may be held in closed information is necessary for the proper the Ponderosa Room of the Coconino session

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• Update on Clearinghouse Project Public Computer Center Reports information collection should be sent III. State Advisory Committee Issues (Quarterly and Annually) within 30 days of publication of this • Kentucky SAC notice to Nicholas Fraser, OMB Desk • Number of Respondents: 65. Maryland SAC Estimated Number of Responses per Officer, FAX number (202) 395–5806, or • _ _ Vermont SAC Respondent: 5. via the Internet at Nicholas A Fraser@ • Wisconsin SAC Estimated Number of Responses: 325. omb.eop.gov. • Update on Status of Remaining Average Burden Hours per Response: Dated: November 15, 2010. SACs to Recharter 4.1. Gwellnar Banks, IV. Management & Operations Estimated Total Annual Burden • Management Analyst, Office of the Chief Expiration of Commissioner Terms Hours: 1,333. Information Officer. V. Approval of Minutes of October 8 [FR Doc. 2010–29157 Filed 11–18–10; 8:45 am] Meeting Sustainable Broadband Adoption BILLING CODE 3510–60–P VI. Adjourn Application Reports (Quarterly and Annually) CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Acting Number of Respondents: 45. DEPARTMENT OF COMMERCE Chief, Public Affairs Unit (202) 376– Estimated Number of Responses per 8591. TDD: (202) 376–8116. Respondent: 5. Submission for OMB Review; Persons with a disability requiring Estimated Number of Responses: 225. Comment Request special services, such as an interpreter Average Burden Hours per Response: The Department of Commerce will for the hearing impaired, should contact 3.78. submit to the Office of Management and Pamela Dunston at least seven days Estimated Total Annual Burden Budget (OMB) for clearance the prior to the meeting at 202–376–8105. Hours: 851. following proposal for collection of TDD: (202) 376–8116. Need and Uses: NTIA collects performance progress information information under the provisions of the Dated: November 17, 2010. specific to Infrastructure and Paperwork Reduction Act (44 U.S.C. David Blackwood, Comprehensive Community Chapter 35). Agency: National Oceanic and General Counsel. Infrastructure, Public Computer Center, Atmospheric Administration (NOAA). [FR Doc. 2010–29347 Filed 11–17–10; 11:15 am] and Sustainable Broadband Adoption Title: Southwest Region Vessel BILLING CODE 6335–01–P BTOP grant recipients in order to Monitoring System and Pre-Trip effectively monitor, manage and Reporting Requirements. evaluate individual projects and the OMB Control Number: 0648–0498. overall success of the program in DEPARTMENT OF COMMERCE Form Number(s): NA. achieving statutory goals and objectives. Type of Request: Regular submission Quarterly performance progress reports Submission for OMB Review; (renewal of an existing information ask a series of questions that broadly Comment Request collection). address project progress and monitoring Number of Respondents: 5. The Department of Commerce will needs of program personnel by Average Hours per Response: Vessel submit to the Office of Management and obtaining actual information on monitoring system (VMS) installation, 4 Budget (OMB) for clearance the quarterly and cumulative project and hours; VMS annual maintenance, 2 following proposal for collection of milestone progress, and potential hours; pre-trip notification, 5 minutes. information under the provisions of the project barriers, if any. Annual Burden Hours: 17. Paperwork Reduction Act (44 U.S.C. performance progress reports ask a Needs and Uses: This submission is chapter 35). series of questions that broadly address for renewal of an existing information Agency: National BTOP programmatic objectives and collection. Owners of vessels that fish Telecommunications and Information outcomes, program compliance out of West Coast ports for highly Administration (NTIA). requirements, and the information migratory species (HMS) such as tuna, Title: NTIA Broadband Technology needs of external audiences, such as billfish, and sharks are required to Opportunities Program Post-Award OMB. submit information in regards to their Quarterly and Annual Performance Affected Public: Businesses or other planned fishing activities. The Progress Reports. for-profit organizations; not-for-profit information will enable the various OMB Control Number: 0660–0037. institutions; and State, local, or Tribal local, national, and regional entities to Form Number(s): None. government organizations. effectively manage and enforce fisheries Type of Request: Regular submission Frequency: Quarterly and annually. targeting transboundary HMS stocks as (revision and extension of a currently Respondent’s Obligation: Required to part of the Fishery Management Plan approved information collection). retain benefits. (FMP) for U.S. West Coast Fisheries for Burden Hours: OMB Desk Officer: Nicholas Fraser, HMS (developed under the authority of (202) 395–5887. the Magnuson-Stevens Fishery Infrastructure and Comprehensive Copies of the above information Conservation and Management Act). Community Infrastructure Reports collection proposal can be obtained by This information collection addresses (Quarterly and Annually) calling or writing Diana Hynek, vessel monitoring systems (VMS) Number of Respondents: 123. Departmental Paperwork Clearance requirements and observer pre-trip Estimated Number of Responses per Officer, (202) 482–0266, Department of notifications. The information is Respondent: 5. Commerce, Room 6616, 14th and pertinent for the basic monitoring of the Estimated Number of Responses: 615. Constitution Avenue, NW., Washington, fishery and to obtain information Average Burden Hours per Response: DC 20230 (or via the Internet at needed by, among other agencies, 4.80. [email protected]). National Marine Fisheries Service Estimated Total Annual Burden Written comments and (NMFS), the United States (U.S.) Coast Hours: 2,952. recommendations for the proposed Guard, the Pacific Fishery Management

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Council, and the Interamerican Tropical effort to reduce paperwork and Estimated Number of Respondents: Tuna Commission to monitor the respondent burden, invites the general 45. activities of the participating vessels public and other Federal agencies to Estimated Time Per Response: 1 hour. and the performance of the fisheries. take this opportunity to comment on Estimated Total Annual Burden Knowing near real-time VMS position proposed and/or continuing information Hours: 45. information for U.S. West Coast-based collections, as required by the Estimated Total Annual Cost to HMS fishing vessels enables effective Paperwork Reduction Act of 1995. Public: $675. monitoring of vessel activity for DATES: Written comments must be IV. Request for Comments enforcement and assessment purposes. submitted on or before January 18, 2011. VMS units also provide confirmation of Comments are invited on: (a) Whether ADDRESSES: Direct all written comments the proposed collection of information reported vessel fishing activity locations to Diana Hynek, Departmental and can help in validation of logbook is necessary for the proper performance Paperwork Clearance Officer, of the functions of the agency, including records accuracy. The requirements also Department of Commerce, Room 6616, generate information for evaluating the whether the information shall have 14th and Constitution Avenue, NW., practical utility; (b) the accuracy of the magnitude and distribution of impacts Washington, DC 20230 (or via the from any changes in regulations that agency’s estimate of the burden Internet at [email protected]). (including hours and cost) of the might occur in the future. Observer pre- FOR FURTHER INFORMATION CONTACT: trip notifications allow for the timely proposed collection of information; (c) Requests for additional information or ways to enhance the quality, utility, and placement of at-sea observers onboard copies of the information collection vessels at the discretion of the NMFS to clarity of the information to be instrument and instructions should be collected; and (d) ways to minimize the collect information on, among other directed to Kate Sampson, (978) 282– things, bycatch and protected species burden of the collection of information 8470 or [email protected]. on respondents, including through the interactions. SUPPLEMENTARY INFORMATION: Affected Public: Business or other for- use of automated collection techniques profit organizations. I. Abstract or other forms of information technology. Frequency: Annually and on occasion. This notice is for renewal of a Respondent’s Obligation: Mandatory. Comments submitted in response to currently approved collection. this notice will be summarized and/or OMB Desk Officer: OIRA_ This collection of information included in the request for OMB [email protected]. involves sea turtles becoming approval of this information collection; Copies of the above information accidentally entangled in active or they also will become a matter of public collection proposal can be obtained by discarded fixed fishing gear or marine record. calling or writing Diana Hynek, debris. These entanglements may Departmental Paperwork Clearance prevent the recovery of endangered and Dated: November 16, 2010. Officer, (202) 482–0266, Department of threatened sea turtle populations. The Gwellnar Banks, Commerce, Room 6616, 14th and National Marine Fisheries Service Management Analyst, Office of the Chief Constitution Avenue, NW., Washington, (NMFS) Northeast Region (Maine to Information Officer. DC 20230 (or via the Internet at Virginia) has established the Sea Turtle [FR Doc. 2010–29225 Filed 11–18–10; 8:45 am] [email protected]). Disentanglement Network to promote BILLING CODE 3510–22–P Written comments and reporting and increase successful recommendations for the proposed disentanglement of sea turtles. This information collection should be sent Network is made up of sea turtle DEPARTMENT OF COMMERCE within 30 days of publication of this stranding network organizations, as well notice to OIRA_Submission@ as federal, state, and municipal International Trade Administration omb.eop.gov. agencies. NMFS relies on the Network [A–351–503, C–351–504, A–122–503, A–570– Dated: November 15, 2010. and opportunistic reports from 502] Gwellnar Banks, fishermen and recreational boaters for information about entangled turtles. The Certain Iron Construction Castings Management Analyst, Office of the Chief From Brazil, Canada, and the People’s Information Officer. information provided will help NMFS better assess the threat of sea turtle Republic of China: Continuation of [FR Doc. 2010–29184 Filed 11–18–10; 8:45 am] entanglement in vertical lines from Antidumping and Countervailing Duty BILLING CODE 3510–22–P fixed gear fisheries (lobster, whelk/ Orders conch, crab, fish trap, gill net), AGENCY: Import Administration, DEPARTMENT OF COMMERCE discarded gear and marine debris. International Trade Administration, II. Method of Collection Department of Commerce. National Oceanic and Atmospheric SUMMARY: As a result of the Administration Reports are made by telephone, fax, standard mail or e-mail. determinations by the Department of Commerce (‘‘the Department’’) that Proposed Information Collection; III. Data revocation of the antidumping duty Comment Request; Reporting of Sea (‘‘AD’’) orders on certain iron Turtle Entanglement in Fishing Gear or OMB Control Number: 0648–0496. construction castings (‘‘castings’’) from Marine Debris Form Number: None. Type of Review: Regular submission Brazil, Canada, and the People’s AGENCY: National Oceanic and (renewal of a currently approved Republic of China (‘‘PRC’’) would likely Atmospheric Administration, collection). lead to continuation or recurrence of Commerce. Affected Public: Business or other for dumping, that revocation of the ACTION: Notice. profit organizations, individuals or countervailing duty (‘‘CVD’’) order on households, not-for-profit institutions, castings from Brazil would likely lead to SUMMARY: The Department of federal government, and state, local or continuation or recurrence of a Commerce, as part of its continuing tribal government. countervailable subsidy, and the

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determinations by the International 701–TA–249 and 731–TA–262, 263, and Determinations Trade Commission (‘‘ITC’’) that 265 (Third Review)). As a result of the determinations by revocation of these AD and CVD orders Scope of the Orders the Department and the ITC that would likely lead to a continuation or revocation of these AD and CVD orders recurrence of material injury to an The merchandise covered by the AD orders is as follows: would be likely to lead to continuation industry in the United States, the or recurrence of dumping or a Department is publishing this notice of Brazil—Certain iron construction countervailable subsidy and of material continuation of these AD and CVD castings from Brazil, limited to manhole injury to an industry in the United orders. covers, rings, and frames, catch basin grates and frames, cleanout covers and States, pursuant to section 751(d)(2) of DATES: Effective Date: November 19, frames used for drainage or access the Act, the Department hereby orders 2010. purposes for public utility, water and the continuation of the AD orders on FOR FURTHER INFORMATION CONTACT: sanitary systems, classifiable as heavy castings from Brazil, Canada, and the Minoo Hatten (AD orders) or castings under Harmonized Tariff PRC and the CVD order on castings from Christopher Hargett (CVD order), AD/ Schedule (‘‘HTS’’) item number Brazil. U.S. Customs and Border CVD Operations, Import 7325.10.0010; and to valve, service, and Protection will continue to collect cash Administration, International Trade meter boxes which are placed below deposits at the rates in effect at the time Administration, U.S. Department of ground to encase water, gas, or other of entry for all imports of subject Commerce, 14th Street and Constitution valves, or water and gas meters, merchandise. The effective date of Avenue, NW., Washington, DC 20230; classifiable as light castings under HTS continuation of these orders will be the telephone: (202) 482–1690 or (202) 482– item number 7325.10.0050. The HTS date of publication in the Federal 4161, respectively. item numbers are provided for Register of this Notice of Continuation. SUPPLEMENTARY INFORMATION: convenience and customs purposes Pursuant to sections 751(c)(2) and only. The written product description 751(c)(6) of the Act, the Department Background remains dispositive. intends to initiate the next five-year On May 3, 2010, the Department Canada—Certain iron construction reviews of these orders not later than initiated and the ITC instituted the third castings from Canada, limited to October 2015. sunset reviews of the AD orders on manhole covers, rings, and frames, catch These five-year (sunset) reviews and castings from Brazil, Canada, and the basin grates and frames, clean-out notice are in accordance with section PRC and the CVD order on castings from covers, and frames used for drainage or 751(c) of the Act and published Brazil, pursuant to sections 751(c) and access purposes for public utility, water pursuant to section 777(i)(1) of the Act. 752 of the Tariff Act of 1930, as and sanitary systems, classifiable as Dated: November 10, 2010. amended (‘‘the Act’’), respectively. See heavy castings under HTS item number Ronald K. Lorentzen, Initiation of Five-Year (‘‘Sunset’’) 7325.10.0010. The HTS item number is Review, 75 FR 23240 (May 3, 2010). As provided for convenience and customs Deputy Assistant Secretary for Import Administration. a result of its reviews, the Department purposes only. The written product found that revocation of the AD orders description remains dispositive. [FR Doc. 2010–29265 Filed 11–18–10; 8:45 am] would likely lead to continuation or PRC—Certain iron construction BILLING CODE 3510–DS–P recurrence of dumping and that castings from the PRC, limited to revocation of the CVD order would be manhole covers, rings and frames, catch DEPARTMENT OF COMMERCE likely to lead to continuation or basin grates and frames, cleanout covers recurrence of subsidization, and the and drains used for drainage or access International Trade Administration Department notified the ITC of the purposes for public utilities, water and margins of dumping and the subsidy sanitary systems; and valve, service, and [A–580–807] rates likely to prevail were the orders to meter boxes which are placed below be revoked. See Certain Iron ground to encase water, gas, or other Polyethylene Terephthalate Film, Construction Castings From Brazil, valves, or water or gas meters. These Sheet, and Strip From the Republic of Canada, and the People’s Republic of articles must be of cast iron, not alloyed, Korea: Final Results of Antidumping China: Final Results of the Expedited and not malleable. This merchandise is Duty Administrative Review Sunset Reviews of the Antidumping currently classifiable under HTS item AGENCY: Import Administration, Duty Orders, 75 FR 54595 (September 8, numbers 7325.10.0010 and International Trade Administration, 2010), and Final Results of Expedited 7325.10.0050. The HTS item numbers Department of Commerce. Sunset Review: Heavy Iron Construction are provided for convenience and Castings from Brazil, 75 FR 54596 customs purposes. The written product SUMMARY: On July 14, 2010 the (September 8, 2010). description remains dispositive. Department of Commerce (the On November 2, 2010, the ITC The merchandise subject to the CVD Department) published the preliminary determined that revocation of the AD order consists of certain heavy iron results of the administrative review of orders on castings from Brazil, Canada, construction castings from Brazil. The the antidumping order on polyethylene and the PRC and the CVD order on merchandise is defined as manhole terephthalate film, sheet and strip (PET castings from Brazil would be likely to covers, rings and frames; catch basin film) from the Republic of Korea lead to continuation or recurrence of grates and frames; and cleanout covers (Korea). See Polyethylene Terephthalate material injury within a reasonably and frames used for drainage or access Film, Sheet, and Strip from the Republic foreseeable time. See Iron Construction purposes for public utility, water and of Korea: Preliminary Results of Castings From Brazil, Canada, and sanitary systems. The merchandise is Antidumping Duty Administrative China; Determinations, 75 FR 67395 currently classified under HTS item Review, 75 FR 40784 (July 14, 2010) (November 2, 2010), and USITC number 7325.10.00. The HTS item (Preliminary Results). This review Publication 4191 (October 2010) entitled number is provided for convenience and covers one manufacturer/exporter of the Iron Construction Castings From Brazil, customs purposes. The written product subject merchandise to the United Canada, and China (Investigation Nos. description remains dispositive. States, Kolon Industries, Inc. (Kolon).

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The period of review (POR) is June 1, Analysis of Comments Received Manufacturer/exporter Margin 2008, through May 31, 2009. Based on our analysis of the All issues raised in the case briefs Kolon Industries, Inc de minimis (0.28 comments received, we have made submitted by Kolon and petitioners are percent). changes in the margin calculation for addressed in the ‘‘Issues and Decision Kolon. Therefore, the final results differ Memorandum’’ (Decision Memorandum) Assessment from Susan H. Kuhbach, Acting Deputy from the preliminary results. The final Pursuant to 19 CFR 351.212(b), the weighted-average dumping margin is Assistant Secretary for Antidumping and Countervailing Duty Operations, to Department will determine, and CBP listed below in the section entitled shall assess, antidumping duties on all ‘‘Final Results of Review.’’ Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, appropriate entries. The Department DATES: Effective Date: November 19, will issue appropriate assessment 2010. dated November 12, 2010, which is adopted by this notice. A list of issues instructions directly to CBP 15 days FOR FURTHER INFORMATION CONTACT: which parties have raised is in the after the date of publication of the final Tyler Weinhold or Robert James, AD/ Decision Memorandum and is attached results of this review. For assessment CVD Operations, Office 7, Import to this notice as an appendix. Parties purposes, where possible, we calculated Administration, International Trade can find a complete discussion of all importer-specific (or customer-specific) Administration, U.S. Department of issues raised in this review and the ad valorem assessment rates for PET Commerce, 14th Street and Constitution corresponding recommendations in the film from Korea based on the ratio of the Avenue, NW., Washington, DC 20230; Decision Memorandum which is on file total amount of the dumping duties telephone: (202) 482–5604 or (202) 482– in the Central Records Unit, Room 7046, calculated for the examined sales to the 0649, respectively. of the main Commerce Building. In total entered value of those same sales. SUPPLEMENTARY INFORMATION: addition, a complete version of the See 19 CFR 351.212(b). However, where Kolon did not report the entered value Background Decision Memorandum can be accessed directly on the Web at for its sales, we will calculate importer- This review covers one manufacturer/ http://www.ia.ita.doc.gov/frn. The paper specific (or customer-specific) per unit exporter of the subject merchandise, copy and the electronic version of the duty assessment rates. We will instruct Kolon. On July 14, 2010, the Department Decision Memorandum are identical in CBP to assess antidumping duties on all published in the Federal Register the content. appropriate entries covered by this preliminary results of the June 1, 2008, review if any assessment rate calculated through May 31, 2009, administrative Changes Since the Preliminary Results in the final results of this review is review of the antidumping order on PET above de minimis. Based on our analysis of the film from Korea. See Preliminary comments received, we have made Cash Deposit Requirements Results. We invited interested parties to certain changes in the margin The following cash deposit comment on the preliminary results of calculations which are discussed in the requirements will be effective upon review. On August 13, 2010, we relevant sections of the Decision publication of this final results of received comments from DuPont Teijin Memorandum and the Memorandum to review for all shipments of the subject ‘‘ Films, Mitsubishi Polyester Film, Inc., the File, Analysis of Data Submitted by merchandise entered, or withdrawn SKC, Inc. and Toray Plastics (America), Kolon Industries, Inc. (Kolon) for the from warehouse, for consumption on or Inc. (collectively petitioners) and Kolon. Final Results of Polyethylene after the publication date, as provided On August 18, 2010, we received Terephthalate Film, Sheet, and Strip for by section 751(a)(2)(C) of the Act: ’’ rebuttal comments from Kolon. The from Korea (A–580–807) , dated (1) Because the rate for Kolon is de Department has conducted this November 12, 2010. minimis, i.e., less than 0.5 percent, no administrative review in accordance Specifically, we have made the cash deposit will be required for Kolon; with section 751 of the Tariff Act of following changes to the margin (2) if the exporter is not a firm covered 1930, as amended (the Act). calculation: in this review or the less than fair value • (LTFV) investigation, but the Scope of the Order We revised Kolon’s general and administrative expense ratio to (1) manufacturer is, the cash deposit rate Imports covered by this order are exclude from the numerator a reported will be the rate established for the most shipments of all gauges of raw, gain on the sale of land; and (2) offset recent period for the manufacturer of pretreated, or primed polyethylene the denominator by the reported scrap the merchandise; and (3) if neither the terephthalate film, sheet, and strip, revenue sold during the POR. exporter nor the manufacturer is a firm whether extruded or coextruded. The covered in this or any previous review, • films excluded from this review are We also corrected clerical errors the cash deposit rate will be the all- metallized films and other finished identified by Kolon which relate to SAS others rate of 21.50 percent from the films that have had at least one of their programming language in the U.S. LTFV investigation. See Polyethylene surfaces modified by the application of Margin Program. In particular, we Terephthalate Film, Sheet, and Strip a performance-enhancing resinous or modified the U.S. Margin Program to From the Republic of Korea; Notice of inorganic layer more than 0.00001 reflect numeric values for certain Final Court Decision and Amended inches (0.254 micrometers) thick. product characteristics originally Final Determination of Antidumping PET film is currently classifiable assigned a character value in the Duty Investigation, 62 FR 50557 under Harmonized Tariff Schedule of Preliminary Results. (September 26, 1997). the United States (HTSUS) subheading Final Results of Review Notification to Interested Parties 3920.62.00. The HTSUS subheading is provided for convenience and for We determine that the following The Department will disclose customs purposes. The written weighted-average margin percentage calculations performed in connection description remains dispositive as to the exists for the period June 1, 2008, with the final results of review within scope of the product coverage. through May 31, 2009: five days of the date of publication of

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this notice in accordance with 19 CFR ADDRESSES: A copy of the petition may Background 351.224(b). be requested from Chief, Marine This notice also serves as a reminder Mammal and Sea Turtle Conservation The MMPA provides for interested to parties subject to administrative Division, Office of Protected Resources, parties to submit a petition to designate protective orders (APO) of their National Marine Fisheries Service, 1315 a population stock of marine mammals responsibility concerning the East-West Highway, Silver Spring, MD as depleted. Section 115(a)(3) of the disposition of proprietary information 20910. MMPA (16 U.S.C. 1383b(a)(3)) requires disclosed under APO in accordance You may submit comments, identified NMFS to publish a notice in the Federal with 19 CFR 351.305(a)(3). Timely by 0648–XA018, by any one of the Register that such a petition has been written notification of the return/ following methods: received and is available for public disposition of APO materials or • Electronic Submissions: Submit all review. Within 60 days of receiving a conversion to judicial protective order is electronic public comments via the petition, NMFS must publish a finding hereby requested. Failure to comply Federal eRulemaking Portal in the Federal Register as to whether with the regulations and the terms of an http://www.regulations.gov. the petition presents substantial APO is a sanctionable violation. • Fax: 301–713–0376, Attn: Chief, information indicating that the We are issuing and publishing this petitioned action may be warranted. determination in accordance with Marine Mammal and Sea Turtle section 751(a)(1) and 777(i) of the Act. Conservation Division. On November 9, 2010, NMFS • Mail: Chief, Marine Mammal and published a notice announcing receipt Dated: November 12, 2010. Sea Turtle Conservation Division, Office of a petition to designate the Eastern Ronald K. Lorentzen, of Protected Resources, National Marine North Pacific population of gray whales Deputy Assistant Secretary for Import Fisheries Service, 1315 East-West (Eschrichtius robustus) as a depleted Administration. Highway, Silver Spring, MD 20910. stock under the Marine Mammal Appendix—Comments in Decision Instructions: No comments will be Protection Act (MMPA) and solicited Memo posted for public viewing until after the comments on the petition (75 FR Comment 1: Clerical Error comment period has closed. All 68756). That Federal Register notice Comment 2: Kolon’s Profit Ratios comments received are a part of the began NMFS’ 15-day public comment Comment 3: G&A Expense Ratio (Gain on public record and will generally be period ending on November 24, 2010. Sale of Land) posted to http://www.regulations.gov NMFS received the petition on October Comment 4: G&A Expense Ratio (Calculation without change. All Personal Identifying 21, 2010, and therefore must publish its of the Denominator) Information (for example, name, 60-day finding no later than December Comment 5: U.S. Indirect Selling Expenses address, etc.) voluntarily submitted by 20, 2010. Comment 6: Domestic Inland Freight the commenter may be publicly NMFS subsequently received a Comment 7: Offsetting of Negative Margins accessible. Do not submit Confidential request by the petitioners, the California [FR Doc. 2010–29271 Filed 11–18–10; 8:45 am] Business Information or otherwise BILLING CODE 3510–DS–P sensitive or protected information. Gray Whale Coalition, to extend the public comment period by 15 days to NMFS will accept anonymous provide interested parties additional comments (enter N/A in the required DEPARTMENT OF COMMERCE time to review the petition, compile fields, if you wish to remain anonymous). You may submit additional materials, and prepare National Oceanic and Atmospheric comments for submission to the agency. Administration attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Since then, NMFS has received other Adobe PDF file formats only. requests to extend the public comment RIN 0648–XA018 period. In this notice NMFS is FOR FURTHER INFORMATION CONTACT: Dr. extending the public comment period Eastern North Pacific Gray Whale; Shannon Bettridge or Dr. Gregory Silber, until December 8, 2010, to allow Notice of Extension of Public Office of Protected Resources, Silver adequate time for the public to review Comment Period on Marine Mammal Spring, MD, (301) 713–2322. Protection Act Petition and comment on the petition while SUPPLEMENTARY INFORMATION: allowing the agency sufficient time to AGENCY: National Marine Fisheries Electronic Access thoughtfully consider public comments. Service, National Oceanic and To provide a more extended public Atmospheric Administration, Interested persons may obtain the comment period would preclude NMFS Commerce. petition for review on the Internet at the from meeting its statutory requirements ACTION: Notification of availability; following address: http://www.nmfs. under the MMPA to provide a extension of public comment period. noaa.gov/pr/ or by contacting Dr. determination within 60 days. Shannon Bettridge or Dr. Gregory Silber SUMMARY: On November 9, 2010, NMFS (see FOR FURTHER INFORMATION CONTACT). Dated: November 16, 2010. announced receipt of a petition to The 2008 stock assessment report for David Cottingham, designate the Eastern North Pacific Eastern North Pacific gray whales is Chief, Marine Mammal and Sea Turtle population of gray whales (Eschrichtius available on the Internet at the following Conservation Division, Office of Protected robustus) as a depleted stock under the address: http://www.nmfs. Resources, National Marine Fisheries Service. Marine Mammal Protection Act noaa.gov/pr/pdfs/sars/ak2008whgr- [FR Doc. 2010–29259 Filed 11–18–10; 8:45 am] (MMPA) and solicited comments on the en.pdf. The Draft 2010 stock assessment BILLING CODE 3510–22–P petition. NMFS is extending the public report for Eastern North Pacific gray comment period on the petition until whales is available on the Internet at the December 8, 2010. following address: http:// DATES: Comments must be received by www.nmfs.noaa.gov/pr/pdfs/ close of business on December 8, 2010. sars/ak2010_draft.pdf.

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DEPARTMENT OF COMMERCE review actions for Amendment 10 to the on the SEDAR Steering Committee joint Fishery Management Plan (FMP) meeting and follow-up actions, and National Oceanic and Atmospheric for Spiny Lobster for Gulf of Mexico and approve sea bass assessment documents. Administration South Atlantic. Amendment 10 will (In Closed Session) the Committee will RIN 0648–XA047–1 address the requirements of the review applications to the SEDAR Pool Reauthorized Magnuson-Stevens and develop recommendations for South Atlantic Fishery Management Fishery Conservation and Management SEDAR participants. Act (MSA) including establishment of Council (Council); Public Meetings 7. Joint Executive/Finance Committees Annual Catch Limits (ACLs) and Meeting: December 8, 2010, 8:30 a.m. AGENCY: National Marine Fisheries Accountability Measures (AMs). The Until 9:30 a.m. Service (NMFS), National Oceanic and Committee will provide direction to Atmospheric Administration (NOAA), staff and approve Amendment 10 and The Executive Committee and Commerce. the Draft Environmental Impact Finance Committees will meet jointly ACTION: Notice of public meetings. Statement (DEIS) for public hearings. and receive status reports on the Calendar Year (CY) 2010 budget and SUMMARY: The South Atlantic Fishery 2. Personnel Committee Meeting: activities, and the Fiscal Year 2011 Management Council will hold a December 6, 2010, 4:30 p.m. Until 5:30 Congressional budget. The Committee meeting of its Spiny Lobster Committee, p.m. (Closed Meeting) will review and discuss the tentative Personnel Committee (Closed Session), The Personnel Committee will receive 2011 Council budget and activities King and Spanish Mackerel Committee, an update on staff positions and provide schedule. Ecosystem-Based Management a performance review for the Executive 8. SOPPs Committee Meeting: December Committee, Golden Crab Committee, Director. Southeast Data, Assessment, and 8, 2010, 9:30 a.m. Until 11 a.m. Review (SEDAR) Committee (a portion 3. Mackerel Committee Meeting: The SOPPs Committee will review the of the meeting will be closed), Joint December 7, 2010, 8:30 a.m. Until 12 final rule addressing Council SOPPs and Executive and Finance Committees, Noon develop recommendations for changes Standard Operating, Policy and The Mackerel Committee will to the SOPPs in accordance with the Procedures (SOPPs) Committee, continue to review actions for draft final rule as proposed by staff. Snapper Grouper Committee, and a Amendment 18 to the FMP for Coastal meeting of the Full Council. The 9. Snapper Grouper Committee Meeting: Migratory Pelagic Resources for the Gulf December 8, 2010, 11 a.m. Until 5 p.m., Council will take action as necessary. of Mexico and South Atlantic Region. The Council will also hold an and December 9, 2010, 8:30 a.m. Until Amendment 18 addresses requirements 12 Noon informal public question and answer of the MSA to set ACLs and AMs for session, a public comment session species managed in the FMP. The The Snapper Grouper Committee will regarding agenda items, and public Committee will review the draft receive a report on outreach and comment on Regulatory Amendment 10. amendment and Environmental research activities associated with the See SUPPLEMENTARY INFORMATION for Assessment, provide direction to staff, Oculina Bank Experimental Closed additional details. and approve the Amendment for public Area, a report from the Council’s SSC, DATES: The meeting will be held hearings. and a report of the Snapper Grouper December 6–10, 2010. See Advisory Panel. SUPPLEMENTARY INFORMATION for specific 4. Ecosystem-Based Management The Committee will review, modify dates and times. Committee Meeting: December 7, 2010, and approve the Comprehensive Annual 1:30 p.m. Until 3:30 p.m. ADDRESSES: The meeting will be held at Catch Limit (ACL) Amendment for the Hilton New Bern/Riverfront, 100 The Ecosystem-Based Management public hearings. The Comprehensive Middle Street, New Bern, NC 28562; Committee will review the actions and ACL Amendment will specify ACLs, Telephone: 1–800/326–3745 or 252/ alternatives currently in draft AMs and other values as mandated in 638–3585; Fax 252/638–8112. Copies of Comprehensive Ecosystem-Based the MSA for species managed by the documents are available from Kim Amendment 2, review Council and not subject to overfishing. Iverson, Public Information Officer, recommendations from the Council’s This includes species in the Snapper South Atlantic Fishery Management Habitat Advisory Panel, provide Grouper, Coral, Golden Crab, Council, 4055 Faber Place Drive, Suite guidance to staff, and approve the Sargassum, and Dolphin Wahoo fishery 201, North Charleston, SC 29405. Amendment for public hearings. management units. The Committee will review public FOR FURTHER INFORMATION CONTACT: Kim 5. Golden Crab Committee Meeting: hearing comments regarding Iverson, Public Information Officer; December 7, 2010, 3:30 p.m. Until 4:30 Amendment 18A to the Snapper telephone: 843/571–4366 or toll free at p.m. Grouper Fishery Management Plan 866/SAFMC–10; fax: 843/769–4520; (FMP), modify the amendment as e-mail: [email protected]. The Golden Crab Committee will approve issues in Golden Crab appropriate, and approve actions. SUPPLEMENTARY INFORMATION: Amendment 5 regarding the Amendment 18A includes actions to Meeting Dates establishment of a catch share program modify the golden tilefish and black sea for the commercial fishery and approve bass pot commercial fisheries, and 1. Spiny Lobster Committee: December the amendment for public scoping. improvements for fisheries statistics. 6, 2010, 1:30 p.m. Until 4:30 p.m. The Committee will review The Spiny Lobster Committee will 6. SEDAR Committee Meeting: Regulatory Amendment 10 to the review the SEDAR Spiny Lobster December 7, 2010, 4:30 p.m. Until 5:30 Snapper Grouper Fishery Management Update regarding the stock status and p.m. (Note: A Portion of the Meeting Plan addressing options for red snapper review recommendations from the Will Be Closed) management (to be submitted to the Science and Statistical Committee The SEDAR Committee will receive Secretary of Commerce for review) and (SSC). The Committee will continue to an update on SEDAR activities, a report Regulatory Amendment 9 addressing

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trip limits for black sea bass, vermilion From 4 p.m.–4:15 p.m., the Council and any issues arising after publication snapper, gag, and greater amberjack. The will receive a report from the of this notice that require emergency Committee will modify draft Ecosystem-Based Management action under section 305(c) of the Amendment 9 and approve it for public Committee, approve the Comprehensive Magnuson-Stevens Act, provided the hearings. Ecosystem-Based Amendment 2 for public has been notified of the Council’s The Committee will review public hearing, consider other intent to take final action to address the Amendments 24, 21, and 22, provide Committee recommendations, and take emergency. appropriate guidance to staff, and action as appropriate. Except for advertised (scheduled) approve the amendments for public From 4:15 p.m.–4:30 p.m., the public hearings and public comment, scoping. Amendment 24 addresses Council will receive a report from the the times and sequences specified on requirements under the MSA for red Golden Crab Committee and approve this agenda are subject to change. issues in Golden Crab Amendment 5 for grouper, including establishment of Special Accommodations ACLs, AMs, and a rebuilding plan. public scoping. Amendment 21 addresses alternatives From 4:30 p.m.–4:45 p.m., the These meetings are physically for management of the snapper grouper Council will receive a report from the accessible to people with disabilities. fishery including: Implementation of SEDAR Committee, approve sea bass Requests for sign language trip limits, effort and participation assessment documents, appoint SEDAR interpretation or other auxiliary aids reductions, endorsements, catch shares, participants, consider other Committee should be directed to the Council office and regional quotas. Amendment 22 recommendations and take action as (see ADDRESSES) by December 1, 2010. includes options for long-term appropriate. Dated: November 15, 2010. management measures for red snapper From 4:45 p.m.–5:15 p.m. the Council Tracey L. Thompson, in the South Atlantic as the stock will receive a legal briefing on litigation Acting Director, Office of Sustainable rebuilds. The Committee will receive a (Closed Session). Fisheries, National Marine Fisheries Service. status report on Amendment 20 to Council Session: December 10, 2010, [FR Doc. 2010–29149 Filed 11–18–10; 8:45 am] modify and update the current 8:30 a.m. Until 12 Noon BILLING CODE 3510–22–P Individual Transferable Quota (ITQ) program for wreckfish. The Committee From 8:30 a.m.–8:45 a.m., the Council will also discuss Amendment 18B and will receive a report from the Executive/ DEPARTMENT OF COMMERCE determine if the development of the Finance Committees and take action as Amendment is necessary. Amendment appropriate. International Trade Administration 18B includes options to extend the From 8:45 a.m.–9 a.m., the Council jurisdiction of the snapper grouper will receive a report from the SOPPs President’s Export Council: Meeting of fishery management unit northward. Committee and take action as the President’s Export Council appropriate. Note: There will be an informal public From 9 a.m.–10:30 a.m., the Council AGENCY: International Trade question and answer session with NOAA will receive a report from the Snapper Administration, U.S. Department of Fisheries Services’ Regional Administrator Commerce. and the Council Chairman on December 8, Grouper Committee, approve Regulatory 2010 beginning at 5:30 p.m. Amendment 10 for submission to the ACTION: Notice of an open meeting. Secretary of Commerce for review, SUMMARY: The President’s Export approve actions in Amendment 18A, Council Session: December 9, 2010, 1:30 Council will hold a meeting to discuss approve the Comprehensive ACL p.m. Until 5:30 p.m. and December 10, topics related to the National Export Amendment, and Regulatory 2010, 8:30 a.m. Until 12 Noon Initiative, and to provide advice Amendment 9 for public hearings, Council Session: December 9, 2010, 1:30 regarding how to promote U.S. exports, approve Amendments 21, 22, and 24 for p.m. Until 5:30 p.m. jobs, and growth. public scoping, consider other From 1:30 p.m.–1:45 p.m., the Committee recommendations and take DATES: December 9, 2010 at 9 a.m. Council will call the meeting to order, action as appropriate. (EST). adopt the agenda, and approve the From 10:30 a.m.–12 noon, the Council ADDRESSES: The President’s Export September 2010 meeting minutes. will receive status reports from NOAA Council will convene its next meeting Note: A public comment period on Fisheries’ Southeast Regional Office, via live webcast on the Internet at Regulatory Amendment 10 (Red Snapper) NOAA Fisheries’ Southeast Fisheries http://whitehouse.gov/live. will be held on December 9, 2010 beginning Science Center, review Experimental FOR FURTHER INFORMATION CONTACT: J. at 1:45 p.m. followed by public comment on Fishing Permits as necessary, receive Marc Chittum, President’s Export any of the December meeting agenda items. agency and liaison reports, and discuss Council, Room 4043, 1401 Constitution From 3 p.m.–3:30 p.m., the Council other business including upcoming Avenue, NW., Washington, DC 20230, will receive a report from the Spiny meetings. telephone: 202–482–1124, e-mail: Lobster Committee, approve Spiny * * * * * [email protected]. Lobster Amendment 10/DEIS for public Documents regarding these issues are SUPPLEMENTARY INFORMATION: hearing, consider other Committee available from the Council office (see Background: The President’s Export recommendations, and take action as ADDRESSES). Council was first established by appropriate. * * * * * Executive Order on December 20, 1973 From 3:30 p.m.–4 p.m., the Council Although non-emergency issues not to advise the President on matters will receive a report from the Mackerel contained in this agenda may come relating to U.S. export trade and report Committee, approve Mackerel before this Council for discussion, those to the President on its activities and on Amendment 18/EA for public hearing, issues may not be the subjects of formal its recommendations for expanding U.S. consider other Committee final Council action during this meeting. exports. The President’s Export Council recommendations, and take action as Council action will be restricted to those was renewed most recently by Executive appropriate. issues specifically listed in this notice Order 13511 of September 29, 2009, for

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the two-year period ending September of Commerce. The Committee makes Each nomination submission should 30, 2011. recommendations to the Secretary to include the submitting person or Public Submissions: The public is assist in the development and organization’s name and affiliation, a invited to submit written statements to implementation of Departmental cover letter describing the nominee’s the President’s Export Council by C.O.B. regulations, policies and programs qualifications and interest in serving on December 2, 2010 by either of the critical to the mission and goals of the the Committee, curriculum vitae and or following methods: NMFS. Nominations are encouraged resume of the nominee, and no more from all interested parties involved with than three supporting letters describing Electronic Statements or representing interests affected by the nominee’s qualifications and Send electronic statements to the NMFS actions in managing living interest in serving on the Committee. President’s Export Council Web site at marine resources. Nominees should Self-nominations are acceptable. The http://trade.gov/pec/peccomments.asp; possess demonstrable expertise in a following contact information should or field related to the management of living accompany each nominee’s submission: Paper Statements marine resources and be able to fulfill name, address, telephone number, fax the time commitments required for two number, and e-mail address (if Send paper statements to J. Marc annual meetings. Individuals serve for a available). Chittum, President’s Export Council, term of three years for no more than two Nominations should be sent to (see Room 4043, 1401 Constitution Avenue, consecutive terms if re-appointed. ADDRESSES) and must be received by NW., Washington, DC 20230. NMFS is seeking qualified nominees to (see DATES). The full text of the All statements will be posted on the fill upcoming vacancies being created Committee Charter and its current President’s Export Council Web site by vacancies and the expiration of an membership can be viewed at the (http://trade.pec/peccomments.asp) existing appointment in January, NMFS’ Web page at without change, including any business thereby bringing the Committee to its http://www.nmfs.noaa.gov/mafac.htm. or personal information provided such full complement of 21 members. as names, addresses, e-mail addresses, Dated: November 12, 2010. or telephone numbers. All statements DATES: Nominations must be Eric C. Schwaab, received, including attachments and postmarked on or before January 3, Assistant Administrator for Fisheries, other supporting materials, are part of 2011. National Marine Fisheries Service. the public record and subject to public ADDRESSES: Nominations should be sent [FR Doc. 2010–29260 Filed 11–18–10; 8:45 am] disclosure. You should submit only to Dr. Mark Holliday, Executive BILLING CODE 3510–22–P information that you wish to make Director, MAFAC, Office of Policy, available publicly. NMFS F–14451, 1315 East-West Meeting minutes: Copies of the Highway, Silver Spring, MD 20910. DEPARTMENT OF COMMERCE Council’s meeting minutes will be FOR FURTHER INFORMATION CONTACT: International Trade Administration available within 90 days of the meeting. Mark Holliday, MAFAC Executive Dated: November 15, 2010. Director; (301) 713–2239 x120; e-mail: [A–570–905] J. Marc Chittum, [email protected]. Certain Polyester Staple Fiber From Executive Secretary, President’s Export SUPPLEMENTARY INFORMATION: The the People’s Republic of China: Partial Council. establishment of MAFAC was approved Rescission of the Third Antidumping [FR Doc. 2010–29272 Filed 11–16–10; 4:15 pm] by the Secretary on December 28, 1970, Duty Administrative Review BILLING CODE 3510–DR–P and subsequently chartered under the Federal Advisory Committee Act, 5 AGENCY: Import Administration, U.S.C. App. 2, on February 17, 1971. International Trade Administration, DEPARTMENT OF COMMERCE The Committee meets twice a year with Department of Commerce. supplementary subcommittee meetings DATES: Effective Date: November 19, National Oceanic and Atmospheric as determined necessary by the 2010. Administration Committee Chairperson. No less that 15 FOR FURTHER INFORMATION CONTACT: RIN 0648–XA045 and no more than 21 individuals may Steven Hampton or Jerry Huang, Office serve on the Committee. Membership is 9, AD/CVD Operations, Import Nominations to the Marine Fisheries comprised of highly qualified Administration, International Trade Advisory Committee individuals representing commercial Administration, U.S. Department of AGENCY: National Marine Fisheries and recreational fisheries interests, Commerce, 14th Street and Constitution Service, National Oceanic and environmental organizations, academic Avenue, NW., Washington, DC 20230; Atmospheric Administration, institutions, governmental, tribal and telephone: (202) 482–0116 and (202) Commerce. consumer groups, and other living 482–4047, respectively. ACTION: Notice; request for nominations. marine resource interest groups from a SUPPLEMENTARY INFORMATION: balance of U.S. geographical regions, SUMMARY: Nominations are being sought including Puerto Rico, the Western Background for appointment by the Secretary of Pacific, and U.S. Virgin Islands. On June 1, 2010, the Department of Commerce to serve on the Marine A MAFAC member cannot be a Commerce (‘‘the Department’’) published Fisheries Advisory Committee (MAFAC Federal employee, a member of a in the Federal Register a notice of or Committee) beginning in January Regional Fishery Management Council, ‘‘Opportunity to Request Administrative 2011. MAFAC is the only Federal or a registered Federal lobbyist. Selected Review’’ of the antidumping duty order advisory committee with the candidates must pass security checks on certain polyester staple fiber (‘‘PSF’’) responsibility to advise the Secretary of and submit financial disclosure forms. from the People’s Republic of China Commerce (Secretary) on all matters Membership is voluntary, and except for (‘‘PRC’’) for the period of review (‘‘POR’’) concerning living marine resources that reimbursable travel and related June 1, 2009, through May 31, 2010. See are the responsibility of the Department expenses, service is without pay. Antidumping or Countervailing Duty

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Order, Finding, or Suspended Reviews and Requests for Revocations in intends to issue appropriate assessment Investigation; Opportunity To Request Part, 75 FR 44224 (July 28, 2010). instructions for such companies directly Administrative Review, 75 FR 30383 On August 17, 2010, Nantong Luolai, to CBP 15 days after the publication of (June 1, 2010). NanYang Textiles, and Sansheng timely this notice in the Federal Register. For On June 29, 2010, in accordance with withdrew their requests for review. On any of the companies listed above that 19 CFR 351.213(b), the Department September 9, 2010, Fibertex timely do not currently have a separate rate received timely requests from Ningbo withdrew its request for a review with (and thus remain a part of the PRC-wide ‘‘ Dafa Chemical Fiber Co., Ltd. ( Ningbo respect to Far Eastern Industries, Ltd. entity), the Department will issue Dafa’’) and Cixi Santai Chemical Fiber (Shanghai) and Far Eastern Polychem assessment instructions upon the Co., Ltd. (‘‘Cixi Santai’’) to conduct an Industries. On September 20, 2010, Cixi completion of this administrative administrative review and requests for Waysun Chemical Fiber Co., Ltd. timely review. revocation of the associated withdrew its request for review. On antidumping duty order, in part, in October 15, 2010, Fibertex timely Notification to Importers accordance with section 771(9)(A) of the withdrew its request for a review with Tariff Act of 1930, as amended (‘‘the respect to Sansheng. Thus, the This notice serves as a final reminder Act’’) and 19 CFR 351.222(b)(2), based Department is rescinding this to importers for whom this review is on three consecutive segments with a administrative review with respect to being rescinded, as of the publication finding of de minimis sales at less than these five companies. date of this notice, of their normal value. The Department also responsibility under 19 CFR 351.402(f) Partial Rescission of Review received timely requests from Hangzhou to file a certificate regarding the Sanxin Paper Co., Ltd. (‘‘Hangzhou Pursuant to 19 CFR 351.213(d)(1), the reimbursement of antidumping duties Sanxin’’), Nantong Luolai Chemical Department will rescind an prior to liquidation of the relevant Fiber Co., Ltd. (‘‘Nantong Luolai’’), administrative review in whole or in entries during this review period. NanYang Textiles Co., Ltd. (‘‘NanYang part, if the party that requested the Failure to comply with this requirement Textiles’’), Zhaoqing Tifo New Fiber Co., review withdraws its request within 90 could result in the Secretary’s Ltd. (‘‘Zhaoqing Tifo’’), Cixi Sansheng days of the date of publication of the assumption that reimbursement of the Chemical Fiber Co., Ltd. (‘‘Sansheng’’), notice of initiation of the requested antidumping duties occurred and the Zhejiang Waysun Chemical Fiber Co., review. The regulation further states subsequent assessment of double Ltd., and Cixi Waysun Chemical Fiber that the Secretary may extend the antidumping duties. Co., Ltd. for an annual administrative deadline if it is reasonable to do so. review. The Department also received a Because the following five parties Notification Regarding Administrative timely request from Fibertex withdrew their respective requests for Protective Orders Corporation (‘‘Fibertex’’), an importer of an administrative review within 90 days PSF from the PRC, to conduct an of the date of publication of the notice This notice also serves as a reminder administrative review of Ningbo Dafa, of initiation, and there are currently no to parties subject to administrative Cixi Santai, Zhaoqing Tifo, Sansheng, outstanding requests for an protective order (‘‘APO’’) of their and Far Eastern Industries Ltd. administrative review, the Department responsibility concerning the return or (Shanghai) and Far Eastern Polychem is rescinding this review with respect to destruction of proprietary information Industries (collectively ‘‘Far Eastern’’). these entities, in accordance with 19 disclosed under an APO in accordance On June 30, 2010, in accordance with CFR 351.213(d)(1): with 19 CFR 351.305(a)(3), which 19 CFR 351.213(b), the Department • Cixi Sansheng Chemical Fiber Co., continues to govern business received a timely request from Huvis Ltd. (‘‘Sansheng’’). proprietary information in this segment Sichuan Chemical Fiber Corporation • Cixi Waysun Chemical Fiber Co., of the proceeding. Timely written (‘‘Huvis Sichuan’’) to conduct an Ltd. notification of the return/destruction of administrative review. Huvis Sichuan is • Far Eastern Industries, Ltd. APO materials or conversion to judicial a producer and exporter of the (Shanghai) and Far Eastern Polychem merchandise covered by the Industries (‘‘Far Eastern’’). protective order is hereby requested. antidumping duty order on PSF from • Nantong Luolai Chemical Fiber Co., Failure to comply with the regulations the PRC. The Department also received Ltd. (‘‘Nantong Luolai’’). and terms of an APO is a violation a timely request from DAK Americas • NanYang Textiles Co., Ltd. which is subject to sanction. and Nan Ya America Corp. (collectively (‘‘NanYang Textiles’’). This notice is issued and published in ‘‘Petitioners’’) to conduct an Assessment Instructions accordance with section 777(i)(1) of the administrative review of Ningbo Dafa Act, and 19 CFR 351.213(d)(4). and Cixi Santai. The Department will instruct U.S. On July 28, 2010, the Department Customs and Border Protection (‘‘CBP’’) Dated: November 12, 2010. published in the Federal Register a to assess antidumping duties on all Susan H. Kuhbach, notice of initiation of an administrative appropriate entries. For the companies Acting Deputy Assistant Secretary for review of the antidumping duty order listed above which had a separate rate Antidumping and Countervailing Duty on PSF from the PRC covering eleven granted in a previously completed Operations. respondents: Far Eastern; Sansheng; segment of this proceeding that was in [FR Doc. 2010–29262 Filed 11–18–10; 8:45 am] Cixi Santai; Cixi Waysun Chemical effect during the instant review period, BILLING CODE 3510–DS–P Fiber Co., Ltd.; Hangzhou Sanxin; antidumping duties shall be assessed on Nantong Luolai; NanYang Textiles; entries subject to the separate rate at Ningbo Dafa Chemical Fiber Co., Ltd.; rates equal to the cash deposit of Zhaoqing Tifo; Zhejiang Waysun estimated antidumping duties required Chemical Fiber Co., Ltd.; and Huvis at the time of entry, or withdrawal from Sichuan Chemical Fiber Corporation. warehouse, for consumption, in See Initiation of Antidumping and accordance with 19 CFR Countervailing Duty Administrative 351.212(c)(1)(i). The Department

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DEPARTMENT OF COMMERCE December 1, 2010, until March 31, 2011. days after the last day of the anniversary The final results continue to be due 120 month of an order for which a review International Trade Administration days after the publication of the is requested and a final determination [A–570–930] preliminary results. within 120 days after the date on which This notice is published pursuant to the preliminary results are published. Circular Welded Austenitic Stainless sections 751(a) and 777(i) of the Act. However, if it is not practicable to Pressure Pipe From the People’s Dated: November 10, 2010. complete the review within these time Republic of China: Extension of the Susan H. Kuhbach, periods, section 751(a)(3)(A) of the Act allows the Department to extend the Time Limit for the Preliminary Results Acting Deputy Assistant Secretary for of the Antidumping Duty Antidumping and Countervailing Duty time limit for the preliminary Administrative Review Operations. determination to a maximum of 365 [FR Doc. 2010–29267 Filed 11–18–10; 8:45 am] days after the last day of the anniversary AGENCY: Import Administration, month. International Trade Administration, BILLING CODE 3510–DS–P Department of Commerce. Extension of Time Limit for Preliminary Results of Review DATES: November 19, 2010. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: We determine that it is not practicable Brandon Farlander and Patrick International Trade Administration to complete the preliminary results of these administrative reviews within the O’Connor, AD/CVD Operations, Import [A–570–932] Administration, International Trade original time limit because the Administration, U.S. Department of Certain Steel Threaded Rod From the Department requires additional time to Commerce, 14th Street and Constitution People’s Republic of China: Extension analyze questionnaire responses, issue Avenue, NW., Washington, DC 20230, of Time Limit for the Preliminary supplemental questionnaires if telephone: (202) 482–0182 and (202) Results of Antidumping Duty necessary, and evaluate surrogate value 482–0989, respectively. Administrative Review submissions for purposes of the SUPPLEMENTARY INFORMATION: preliminary results. AGENCY: On April 27, 2010, the Department of Import Administration, Therefore, the Department is partially Commerce (‘‘the Department’’) published International Trade Administration, extending the time limit for completion in the Federal Register a notice of Department of Commerce. of the preliminary results of the initiation of an administrative review of SUMMARY: The Department of Commerce administrative review by 120 days. The the antidumping duty order on circular (‘‘Department’’) is extending the time preliminary results will now be due no welded austenitic stainless pressure limit for the preliminary results of the later than May 2, 2011, the first business pipe from the People’s Republic of administrative review of certain steel day following 120 days from the current China. See Initiation of Antidumping threaded rod from the People’s Republic deadline. See Notice of Clarification: and Countervailing Duty Administrative of China (‘‘PRC’’). The review covers the Application of ‘‘Next Business Day’’ Rule Reviews and Request for Revocation in period October 8, 2008, through March for Administrative Determination Part, 75 FR 22107 (April 27, 2010). The 31, 2010. Deadlines Pursuant to the Tariff Act of period of review (‘‘POR’’) is September DATES: Effective Date: November 19, 1930, as Amended, 70 FR 24533 (May 5, 2008, through February 28, 2010. 2010. 10, 2005). The final results continue to be due 120 days after the publication of Extension of Time Limit for Preliminary FOR FURTHER INFORMATION CONTACT: Toni the preliminary results. Results Dach or Steven Hampton, AD/CVD We are issuing and publishing this Operations, Office 9, Import Pursuant to section 751(a)(3)(A) of the notice in accordance with sections Administration, International Trade 751(a)(3)(A) and 777(i) of the Act. Tariff Act of 1930, as amended (the Administration, U.S. Department of ‘‘Act’’), the Department shall make a Commerce, 14th Street and Constitution Dated: November 12, 2010. preliminary determination in an Avenue, NW., Washington, DC 20230; Susan H. Kuhbach, administrative review of an telephone: (202) 482–1655 or (202) 482– Acting Deputy Assistant Secretary for antidumping duty order within 245 0116, respectively. Antidumping and Countervailing Duty days after the last day of the anniversary Operations. month of the date of publication of the Background [FR Doc. 2010–29266 Filed 11–18–10; 8:45 am] order. However, if it is not practicable On May 28, 2010, the Department BILLING CODE 3510–DS–P to complete the review within this time published a notice of initiation of the period, section 751(a)(3)(A) of the Act administrative review of the allows the Department to extend the antidumping duty order on certain steel COMMITTEE FOR PURCHASE FROM time period to a maximum of 365 days. threaded rod from the PRC. See PEOPLE WHO ARE BLIND OR The Department is extending the Initiation of Antidumping and SEVERELY DISABLED preliminary results by 120 days because Countervailing Duty Administrative the Department needs additional time to Reviews, 75 FR 29976, 29980–82 (May Procurement List; Addition analyze information pertaining to 28, 2010). The preliminary results of the Zhejiang Jiuli Hi-Tech Metals Co., Ltd.’s reviews are currently due no later than AGENCY: Committee for Purchase From (‘‘Zhejiang Jiuli’’) sales practices, factors December 31, 2010. People Who Are Blind or Severely of production, subject merchandise and Disabled. Statutory Time Limits corporate relationships. Therefore, in ACTION: Addition to the Procurement accordance with section 751(a)(3)(A) of In antidumping duty administrative List. the Act, the Department is extending the reviews, section 751(a)(3)(A) of the time period for completing the Tariff Act of 1930, as amended (‘‘the SUMMARY: This action adds a service to preliminary results of the instant Act’’), requires the Department to make the Procurement List that will be administrative review by 120 days from a preliminary determination within 245 provided by a nonprofit agency

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employing persons who are blind or Monterey, Presidio of Monterey, than the small organizations that will have other severe disabilities. CA. furnish the product and service to the Government. DATES: Effective Date: 12/20/2010. Barry S. Lineback, 2. If approved, the action will result ADDRESSES: Committee for Purchase Director, Business Operations. in authorizing small entities to furnish From People Who Are Blind or Severely [FR Doc. 2010–29241 Filed 11–18–10; 8:45 am] the product and service to the Disabled, Jefferson Plaza 2, Suite 10800, BILLING CODE 6353–01–P Government. 1421 Jefferson Davis Highway, 3. There are no known regulatory Arlington, Virginia 22202–3259. alternatives which would accomplish COMMITTEE FOR PURCHASE FROM the objectives of the Javits-Wagner- FOR FURTHER INFORMATION CONTACT: PEOPLE WHO ARE BLIND OR O’Day Act (41 U.S.C. 46–48c) in Barry S. Lineback, Telephone: (703) SEVERELY DISABLED 603–7740, Fax: (703) 603–0655, or e- connection with the product and service mail [email protected]. Procurement List Proposed Additions proposed for addition to the Procurement List. SUPPLEMENTARY INFORMATION: and Deletions Comments on this certification are Addition AGENCY: Committee for Purchase From invited. Commenters should identify the People Who Are Blind or Severely statement(s) underlying the certification On 9/24/2010 (75 FR 58367), the Disabled. on which they are providing additional Committee for Purchase From People ACTION: Proposed Additions to and information. Who Are Blind or Severely Disabled Deletions from the Procurement List. published notice of proposed addition End of Certification to the Procurement List. SUMMARY: The Committee is proposing The following product and service are After consideration of the material to add a product and service to the proposed for addition to Procurement presented to it concerning capability of Procurement List that will be furnished List for production by the nonprofit the qualified nonprofit agency to by nonprofit agencies employing agencies listed: provide the service and impact of the persons who are blind or have other addition on the current or most recent severe disabilities and to delete the Product contractors, the Committee has products previously furnished by such NSN: 7350–00–838–3919—Toothpicks. determined that the service listed below agency. NPA: Volunteers of America, Dakotas, Sioux is suitable for procurement by the Comments Must Be Received ON OR Falls, SD. Contracting Activity: GSA/Federal Federal Government under 41 U.S.C. Before: 12/20/2010. Acquisition Service, Fort Worth, TX. 46–48c and 41 CFR 51–2.4. ADDRESSES: Committee for Purchase Coverage: B-List for the Broad Government Regulatory Flexibility Act Certification From People Who Are Blind or Severely Requirement as aggregated by the Disabled, Jefferson Plaza 2, Suite 10800, General Services Administration. I certify that the following action will 1421 Jefferson Davis Highway, Service not have a significant impact on a Arlington, Virginia, 22202–3259. substantial number of small entities. Service Type/Location: Base Supply Center, For Further Information or To Submit Federal Energy Regulatory Commission, The major factors considered for this Comments Contact: Barry S. Lineback, 888 First Street, NE., Washington, DC. certification were: Telephone: (703) 603–7740, Fax: (703) NPA: Winston-Salem Industries for the 1. The action will not result in any 603–0655, or e-mail CMTEFedReg@ Blind, Winston-Salem, NC. additional reporting, recordkeeping or AbilityOne.gov. Contracting Activity: Federal Energy Regulatory Commission, Division of other compliance requirements for small SUPPLEMENTARY INFORMATION: This Procurement, Washington, DC. entities other than the small notice is published pursuant to 41 U.S.C organizations that will provide the 47(a)(2) and 41 CFR 51–2.3. Its purpose Deletions service to the Government. is to provide interested persons an Regulatory Flexibility Act Certification 2. The action will result in opportunity to submit comments on the authorizing small entities to provide the proposed actions. I certify that the following action will service to the Government. not have a significant impact on a Additions 3. There are no known regulatory substantial number of small entities. alternatives which would accomplish If the Committee approves the The major factors considered for this the objectives of the Javits-Wagner- proposed additions, the entities of the certification were: O’Day Act (41 U.S.C. 46–48c) in Federal Government identified in this 1. If approved, the action will not connection with the service proposed notice will be required to procure the result in additional reporting, for addition to the Procurement List. product and service listed below from recordkeeping or other compliance nonprofit agencies employing persons requirements for small entities. End of Certification who are blind or have other severe 2. If approved, the action may result in authorizing small entities to furnish Accordingly, the following service is disabilities. the products to the Government. added to the Procurement List: Regulatory Flexibility Act Certification 3. There are no known regulatory Service: I certify that the following action will alternatives which would accomplish not have a significant impact on a the objectives of the Javits-Wagner- Service Type/Location: Custodial substantial number of small entities. O’Day Act (41 U.S.C. 46–48c) in Service, USARC Young Hall, 120 The major factors considered for this connection with the products proposed Mini Drive, Vallejo, CA. certification were: for deletion from the Procurement List. NPA: Solano Diversified Services, 1. If approved, the action will not Vallejo, CA. result in any additional reporting, End of Certification Contracting Activity: Dept of the Army, recordkeeping or other compliance The following products are proposed XR W6BB ACA Presidio of requirements for small entities other for deletion from the Procurement List:

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Products Dispenser, Glue Tape & Refill [email protected], and refer to OMB comment period soliciting comments on Cartridge Control No. 3038–0059. this collection of information was NSN: 8040–01–441–0169. SUPPLEMENTARY INFORMATION: published on September 16, 2010 (75 FR NSN: 8040–01–441–0173. Title: Part 41 Relating to Security 56511). NSN: 8040–01–441–0175. Futures Products (OMB Control No. ≤ Burden Statement: The respondent NSN: 8040–01–441–0178.P NPA: Industries 3038–0059). This is a request for burden for this collection is estimated to for the Blind, Inc., West Allis, WI. extension of a currently approved Contracting Activities: GSA/FAS, FSS average .59 hours per response. These Regional Fleet Management Office, information collection. estimates include the time needed to Kansas City, MO. GSA/FAS, FSS Tools Abstract: Section 4d(c) of the review instructions; develop, acquire, Acquisition Division II, Kansas City, MO. Commodity Exchange Act (CEA), install, and utilize technology and 7 U.S.C. 6d(c), requires the CFTC to systems for the purposes of collecting, Barry S. Lineback, consult with the SEC and issue such validating, and verifying information, Director, Business Operations. rules, regulations, or orders as are processing and maintaining information [FR Doc. 2010–29242 Filed 11–18–10; 8:45 am] necessary to avoid duplicative or and disclosing and providing BILLING CODE 6353–01–P conflicting regulations applicable to information; adjust the existing ways to firms that are fully registered with the comply with any previously applicable SEC as brokers or dealers (broker- instructions and requirements; train dealers) and the CFTC as futures personnel to be able to respond to a COMMODITY FUTURES TRADING commission merchants (FCMs) collection of information; and transmit COMMISSION involving provisions of the CEA that or otherwise disclose the information. pertain to the treatment of customer Respondents/Affected Entities: 147. Agency Information Collection funds. The CFTC, jointly with the SEC, Activities Under OMB Review: issued regulations requiring such Estimated number of responses: Proposed Collection; Comment dually-registered firms to make choices 2,739.90. Request: Part 41 Relating to Security as to how its customers’ transactions in Estimated total annual burden on Futures Products security futures products (SFP) will be respondents: 1,624.08 hours. Frequency of collection: On occasion. AGENCY: Commodity Futures Trading treated, either as securities transactions Commission. held in a securities account or as futures Send comments regarding the burden transactions held in a futures account. estimated or any other aspect of the ACTION: Notice. How an account is treated is important information collection, including SUMMARY: In compliance with the in the unlikely event of the insolvency suggestions for reducing the burden, to Paperwork Reduction Act (44 U.S.C. of the firm. Only securities accounts the addresses listed below. Please refer 3501 et seq.), this notice announces that receive insurance protection under to OMB Control No. 3038–0059 in any the Information Collection Request (ICR) provisions of the Securities Investor correspondence. abstracted below has been forwarded to Protection Act. By contrast, only futures David Steinberg, Special Counsel, the Office of Management and Budget accounts are subject to the protections Division of Market Oversight, U.S. (OMB) for review and comment. The provided by the segregation Commodity Futures Trading ICR describes the nature of the requirements of the CEA. Commission, 1155 21st Street, NW., An agency may not conduct or information collection and its expected Washington, DC 20581, and Office of sponsor, and a person is not required to costs and burden. Information and Regulatory Affairs, respond to, a collection of information DATES: Comments must be submitted on Office of Management and Budget, unless it displays a currently valid OMB Attention: Desk Officer for CFTC, 725 or before December 20, 2010. control number. The OMB control 17th Street, Washington, DC 20503. FOR FURTHER INFORMATION OR A COPY numbers for the CFTC’s regulations CONTACT: David Steinberg, Commodity were published on December 30, 1981. Dated: November 15, 2010. Futures Trading Commission, 202–418– See 46 FR 63035 (Dec. 30, 1981). The Sauntia S. Warfield, 5102, FAX: 202–418–5527, e-mail: Federal Register notice with a 60-day Assistant Secretary of the Commission.

PART 41—SECURITY FUTURES PRODUCTS [OMB Collection #3038–0059]

Estimated Estimated Estimated total number of Reports average number of respondents or annually by Total annual number of hours of recordkeepers each responses hours per annual burden per year respondent response in fiscal year

Reporting: 41.3 Application for exemption by intermediaries 5 1 5 25,000 125 41.23(a)(1)–(5) Listing of SFPs ...... 3 20 60 4 240 41.23(a)(6) and 41.24(a)(5) ...... 3 25 75 .033 2 .48 41.23(a)(7) and 41.24(a)(6) ...... 3 .30 .90 4 3.6 41.23(a)(1) Reporting of data ...... 3 20 60 1 60 41.27(c) Rules prohibiting exemptions ...... 1 1 1 4 4 41.27(e) Rules permitting exemptions ...... 1 1 1 4 4 41.31 SFPCM designation (one time only) ...... 1 1 1 5 5 41.32 SFPCM continuing obligations ...... 3 20 60 4 240 41.33 Application for exemption by SFPCM ...... 1 1 1 40 40 41.41 FCM/B–D disclosure ...... 60 40 2,400 .25 600 41.49 Margin rule changes ...... 3 5 15 4 60

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PART 41—SECURITY FUTURES PRODUCTS—Continued [OMB Collection #3038–0059]

Estimated Estimated total number of re- Reports annu- Estimated aver- number of spondents or ally by each re- Total annual re- age number of hours of recordkeepers spondent sponses hours per re- annual burden per year sponse in fiscal year

Subtotal Reporting Requirements ...... 87 ...... 2,679 .90 ...... 1,384 .08 Recordkeeping: 41.41(a)(2) Handling of customer accounts ...... 60 1 60 4 240 Subtotal Recordkeeping Requirements ...... 60 1 60 4 240

Total Reporting and Recordkeeping ...... 147 ...... 2,739 .90 0.592 1,624 .08

[FR Doc. 2010–29232 Filed 11–18–10; 8:45 am] CONTACT PERSON FOR MORE INFORMATION: I. Introduction BILLING CODE P David A. Stawick, Secretary of the A. Statutory Authority Commission, 202–418–5071. Section 14(a)(3)(B)(vi) of the CPSA, as COMMODITY FUTURES TRADING Sauntia S. Warfield, added by section 102(a)(2) of the COMMISSION Assistant Secretary of the Commission. Consumer Product Safety Improvement [FR Doc. 2010–29357 Filed 11–17–10; 4:15 pm] Act of 2008 (CPSIA), Public Law 110– Sunshine Act Meetings BILLING CODE 6351–01–P 314, directs the CPSC to establish and publish a notice of requirements for AGENCY HOLDING THE MEETINGS: accreditation of third party conformity Commodity Futures Trading CONSUMER PRODUCT SAFETY assessment bodies to assess children’s Commission. COMMISSION products for conformity with ‘‘other The following notice of scheduled children’s product safety rules.’’ Section meetings is published pursuant to the Third Party Testing for Certain 14(f)(1) of the CPSA defines ‘‘children’s provisions of the Government in the Children’s Products; Children’s product safety rule’’ as ‘‘a consumer Sunshine Act, Public Law 94–409, 5 Sleepwear, Sizes 0 Through 6X and 7 product safety rule under [the CPSA] or U.S.C. 552b. Through 14: Requirements for similar rule, regulation, standard, or ban Accreditation of Third Party under any other Act enforced by the TIMES AND DATES: The Commission has Conformity Assessment Bodies Commission, including a rule declaring scheduled three meetings for the a consumer product to be a banned AGENCY: following dates: Consumer Product Safety hazardous product or substance.’’ Under Commission. December 1 from 9:30 a.m. to 5:30 section 14(a)(3)(A) of the CPSA, each ACTION: p.m. Notice of Requirements. manufacturer (including an importer) or December 9 from 9:30 a.m. to 5:30 SUMMARY: The Consumer Product Safety private labeler of products subject to p.m. Commission (CPSC or Commission) is those regulations must have products issuing a notice of requirements that that are manufactured more than 90 December 16 from 9:30 a.m. to 5:30 days after the establishment and Federal p.m. provides the criteria and process for Commission acceptance of accreditation Register publication of a notice of the PLACE: Three Lafayette Center, 1155 21st of third party conformity assessment requirements for accreditation tested by St., NW., Washington, DC, Lobby Level bodies for testing of children’s a third party conformity assessment Hearing Room (Room 1000). sleepwear pursuant to 16 CFR parts body accredited to do so, and must issue a certificate of compliance with the 1615 and 1616, the CPSC regulations STATUS: Open. applicable regulations based on that under the Flammable Fabrics Act (FFA) testing. The Commission may extend MATTERS TO BE CONSIDERED: The relating to the flammability of children’s the 90-day period by not more than 60 Commission has scheduled these sleepwear. The Commission is issuing days if the Commission determines that meetings to consider the issuance of this notice of requirements pursuant to an insufficient number of third party various proposed rules. Agendas for section 14(a)(3)(B)(vi) of the CPSA, 15 conformity assessment bodies have been each of the scheduled meetings will be U.S.C. 2063(a)(3)(B)(vi). made available to the public and posted accredited to permit certification for a DATES: Effective Date: The requirements on the Commission’s Web site at children’s product safety rule. Any for accreditation of third party http://www.cftc.gov at least seven (7) requests for an extension should contain conformity assessment bodies to assess days prior to the meeting. In the event detailed facts showing why an extension conformity with 16 CFR parts 1615 and that the times or dates of the meetings is necessary. 1616 are effective upon publication of change, an announcement of the change, Section 14(a)(2) of the CPSA, as added this notice in the Federal Register. along with the new time and place of by section 102(a)(2) of the CPSIA, FOR FURTHER INFORMATION CONTACT: the meeting will be posted on the requires that certification be based on Commission’s Web site. Patricia K. Adair, Director, Division of testing of sufficient samples of the Combustion and Fire Sciences, U.S. product, or samples that are identical in ADDITIONAL INFORMATION: Meeting Consumer Product Safety Commission, all material respects to the product. The Cancellation. 4330 East West Highway, Bethesda, MD Commission also emphasizes that, The Commission has canceled the 20814; telephone 301–504–7536; e-mail irrespective of certification, the product meeting scheduled for November 30, [email protected]. in question must comply with 2010. SUPPLEMENTARY INFORMATION: applicable CPSC requirements (see, e.g.,

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section 14(h) of the CPSA, added by § 1616.3(b), three samples of five vertical configuration (the most severe section 102(b) of the CPSIA). specimens each are tested, and the scenario). Section 14(a)(3)(G) of the CPSA, 15 average char length of the sample must (3) Production testing. Garment U.S.C. 2063(a)(3)(G), exempts notices of not exceed 17.8 centimeters (cm) (7.0 Production Unit (GPU) testing is carried requirements from the notice and inches (in)) and no individual specimen out to assess the flammability of the comment rulemaking requirements of may have a char length of 25.4 cm (10.0 garment as produced. The longest seam the Administrative Procedure Act, 5 in). type is tested at this stage. Tests are U.S.C. 553. Therefore, the Commission In 1996, the Commission published conducted on each GPU, and each GPU finds good cause that notice and public amendments to the Standards that is either accepted or rejected. The procedure thereon are unnecessary. except products of wearing apparel from maximum number of garments in a GPU is 500 dozen (6,000 garments). B. The Children’s Sleepwear Standards the definition of children’s sleepwear for the purpose of testing to the C. This Notice of Requirements The Standards applicable to flammability requirements if they are: children’s sleepwear (the ‘‘Standards’’) (1) Infant garments as defined in This notice provides the criteria and are 16 CFR part 1615, Standard for the § 1615.1(c) or; process for the Commission’s Flammability of Children’s Sleepwear: (2) Tight-fitting as defined in acceptance of accreditation of third Sizes 0 Through 6X (FF3–71), and 16 § 1615.1(o) and § 1616.2(m), provided party conformity assessment bodies for CFR part 1616, Standard for the the garment is labeled with its size and testing pursuant to 16 CFR part 1615, Flammability of Children’s Sleepwear: provided with a specified warning Standard for the Flammability of Sizes 7 Through 14 (FF5–74). The statement on a hangtag attached to the Children’s Sleepwear: Sizes 0 Through Standards were issued in the early garment and on a label on any package 6X (FF3–71), and 16 CFR part 1616, Standard for the Flammability of 1970s to reduce the unreasonable risk of in which the garment is sold. burn injuries and deaths from fires Children’s Sleepwear: Sizes 7 Through associated with children’s sleepwear. All wearing apparel excepted pursuant 14 (FF5–74). Section 3(a)(2) of the CPSA Most burn incidents involving to § 1615.1(c), § 1615.1(o) or § 1616.2(m) defines a ‘‘children’s product’’ as ‘‘a children’s sleepwear do not occur while must otherwise comply with all the consumer product designed or intended children are sleeping; rather, the applicable requirements of the Standard primarily for children 12 years of age incidents occur while the children are for the Flammbility of Clothing Textiles and younger.’’ The sizes of sleepwear awake, unsupervised, and wearing the (16 CFR part 1610) and the Standard for covered by the cited regulations are sleepwear. The primary hazard is the Flammability of Vinyl Plastic Film primarily intended for children age 12 ignition of sleepwear by contact with (16 CFR part 1611). years and younger; these sizes of hot surfaces and/or small open-flame Children’s sleepwear garments subject sleepwear are therefore ‘‘children’s ignition sources, such as stove elements, to the Standards must follow specific products’’ as that term is defined in the matches, and lighters. The Standards sampling plans and be tested for CPSA. require that children’s sleepwear, and flammability performance at several This notice of requirements applies to fabric intended for such sleepwear, stop stages of production. The Standards all third party conformity assessment burning when the flame source is have performance requirements for bodies as described in section 14(f)(2) of removed. fabric, prototypes (seams and trims), the CPSA that desire to test children’s The original children’s sleepwear and garment production units. There are sleepwear to the requirements of 16 CFR Standard for sizes 0 through 6X was recordkeeping requirements at each parts 1615 and/or 1616, where the test revised in 1972, to include a statistical stage of testing. The following results will be used as the basis for a sampling plan for fabrics and garments. summarizes the three stages of testing: certification that the sleepwear complies The sampling plan was devised to give (1) Fabric testing. Fabrics that are with those requirements. Such third assurance to manufacturers that promoted for use in children’s party conformity assessment bodies can sleepwear garments reaching the sleepwear are tested in the finished state be grouped into three general categories: marketplace meet the flammability test, (either original state or after one (1) Third party conformity assessment and that children wearing the sleepwear laundering) and must meet the bodies that are not owned, managed, or garments receive increased protection. requirements after 50 launderings (wash controlled by a manufacturer or private The sampling plan also was intended to and dry) in either the fabric or finished labeler of a children’s product to be provide a framework for premarket garment state. Testing is of a Fabric tested by the third party conformity testing, and thus, greatly assist in Production Unit (FPU), which is a assessment body for certification detecting noncomplying fabrics and continuous length of fabric up to 5,000 purposes; (2) ‘‘firewalled’’ conformity garments before they are placed on the linear yards, or 10,000 linear yards for assessment bodies (those that are market. When the Standard for sizes 7 reduced sampling, which has a owned, managed, or controlled by a through 14 was issued in 1975, it specified identity that remains manufacturer or private labeler of a incorporated the same sampling plan as unchanged throughout the unit, except children’s product to be tested by the the one in the Standard for sizes 0 for color or print pattern, as specified in third party conformity assessment body through 6X. the Standards. Samples are taken from for certification purposes and that seek The Standards require testing of the the beginning and end of the FPU. accreditation under the additional fabric to be used in children’s (2) Prototype testing. Once a garment statutory criteria for ‘‘firewalled’’ sleepwear, of preproduction prototypes design is proposed, the seams and trims conformity assessment bodies); and (3) of the garment style or type which are tested to assure that satisfactory third party conformity assessment includes testing of the seams and the garment specifications have been bodies owned or controlled, in whole or trim attached to the fabric, and of the chosen prior to production. All seam in part, by a government. seams of finished garments, by having types and all seams over 10 inches are This notice of requirements is fabric, seams, and trim exposed to a tested. Trims are tested in the effective on November 19, 2010. flame source under controlled orientation they will be used in the final Further, the publication of this notice of conditions, as discussed below. To meet garment; however, neckline, shoulder, requirements lifts the Commission’s the criteria in § 1615.3(b) and and sleeve trim are only tested in the previous stay of enforcement with

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regard to testing and certifications part 1610, Standard for the briefing memorandum, ‘‘Third Party related to 16 CFR parts 1615 and 1616. Flammability of Clothing Textiles, and Conformity Assessment Body Therefore, each manufacturer of 16 CFR part 1611, Standard for the Accreditation Requirements for Testing children’s sleepwear subject to these Flammability of Vinyl Plastic Film. The Compliance with 16 CFR part 1501 regulations that is manufactured after Commission also will not require that (Small Parts Regulations),’’ dated February 17, 2011 must have samples of the presence of the required labels and November 2008, and available on the any such product, or samples that are hangtags for tight-fitting garments be CPSC’s Web site at http://www.cpsc.gov/ identical in all material respects to such subject to third party testing. This is ibrary/foia/foia09/brief/smallparts.pdf. product, tested by a third party consistent with the exemption from A true copy, in English, of the conformity assessment body accredited testing accorded to labeling accreditation and scope documents to do so and, based on such testing, requirements under the Federal demonstrating compliance with the issue a certificate that the sleepwear Hazardous Substances Act (see NEWS requirements of this notice must be complies with the applicable Standard, from CPSC, December 18, 2009 (Release registered with the Commission before the sleepwear is imported for No. 10–083)). electronically. The additional consumption or warehousing or requirements for accreditation of distributed in commerce. (Under section D. Lifting the Stay of Enforcement of firewalled and governmental conformity 3(a)(11) of the CPSA, the term Section 14(a) of the CPSA as to assessment bodies are described in parts ‘‘manufacturer’’ includes anyone who Children’s Sleepwear II.B and II.C of this document below. manufactures or imports a product.) The The Commission stayed the The Commission will maintain on its Commission also is recognizing limited enforcement of certain provisions of Web site an up-to-date listing of the circumstances in which it will accept section 14(a) of the CPSA in a notice third party conformity assessment certifications based on product testing published in the Federal Register on bodies whose accreditations it has conducted before the third party February 9, 2009 (74 FR 6396). The stay accepted and the scope of each conformity assessment body is accepted applied to testing and certification of accreditation. Subject to the limited as accredited by the CPSC. The details various products, including children’s provisions for acceptance of regarding those limited circumstances sleepwear. On December 28, 2009, the ‘‘retrospective’’ testing noted in part IV are in part IV of this document below. Commission published a notice in the below, once the Commission adds a As noted above, these Standards Federal Register (74 FR 68588) revising third party conformity assessment body require testing at three stages in the the terms of the stay. The December 28, to that list, the third party conformity process of developing and producing 2009 notice did not lift the stay with assessment body may commence testing the sleepwear (fabric, prototype seams regard to testing and certification of of children’s products to support the and trim, and production seams). The children’s sleepwear because no notice manufacturer’s certification that the tests at each of these stages are designed of requirements had been published product complies with the regulations to detect risks that can be reflected in applicable to the Standards for these identified earlier in part I of this the production garments. In addition, products. Since this notice provides document. the results of the tests cannot have such a notice of requirements, it has the B. Additional Accreditation meaning unless the sampling criteria in effect of lifting the stay with regard to Requirements for Firewalled Conformity the Standards are followed. Therefore, 16 CFR parts 1615 and 1616. Assessment Bodies in order for third party testing to serve as the basis for the required certificate II. Accreditation Requirements In addition to the baseline accreditation requirements in part II.A that the garment complies with the A. Baseline Third Party Conformity of this document above, firewalled applicable Standard, it is necessary for Assessment Body Accreditation conformity assessment bodies seeking the tests by a third party conformity Requirements assessment body whose accreditation accredited status must submit to the has been accepted by the Commission For a third party conformity Commission copies, in English, of their be performed as specified in the assessment body to be accredited to test training documents showing how Standards, that is, tests at the three children’s products for conformity with employees are trained to notify the stages specified in the Standards the test methods in the regulations Commission immediately and according to the sampling criteria in the identified earlier in part I of this confidentially of any attempt by the Standards. Of course, responsible document, it must be accredited by an manufacturer, private labeler, or other parties must, in addition, comply with ILAC–MRA signatory accrediting body, interested party to hide or exert undue all recordkeeping requirements of the and the accreditation must be registered influence over the third party Standards. We do note, however, that 16 with, and accepted by, the Commission. conformity assessment body’s test CFR 1615.35(b)(1) and 1616.35(c)(1) A listing of ILAC–MRA signatory results. This additional requirement allow a firm to use another testing accrediting bodies is available on the applies to any third party conformity regime if the firm has proof that the Internet at http://ilac.org/ assessment body in which a other test is at least as stringent as the membersbycategory.html. The manufacturer or private labeler of a Standards. accreditation must be to ISO Standard children’s product to be tested by the In addition, the Commission will not ISO/IEC 17025:2005, General third party conformity assessment body require third party testing to Requirements for the Competence of owns an interest of 10 percent or more. demonstrate that a product meets the Testing and Calibration Laboratories, While the Commission is not addressing exception for ‘‘tight-fitting garments’’ as and the scope of the accreditation must common parentage of a third party defined by §§ 1615.1(c) and 1616.2(m), expressly include testing to the conformity assessment body and a as these garments are not subject to the regulations in 16 CFR parts 1615 and/ children’s product manufacturer at this Standards. However, all fabrics or 1616. (A description of the history time, it will be vigilant to see if this intended for sleepwear meeting the and content of the ILAC–MRA approach issue needs to be addressed in the tight-fitting exception from 16 CFR parts and of the requirements of the ISO/IEC future. 1615 and 1616 must meet the 17025:2005 laboratory accreditation As required by section 14(f)(2)(D) of flammability requirements of 16 CFR standard is provided in the CPSC staff the CPSA, the Commission must

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formally accept, by order, the III. How Does a Third Party Conformity products to support certification of accreditation application of a third party Assessment Body Apply for Acceptance compliance with the regulations for conformity assessment body before the of Its Accreditation? which it has been accredited. third party conformity assessment body The Commission has established an IV. Limited Acceptance of Children’s can become an accredited firewalled electronic accreditation registration and conformity assessment body. The Product Certifications Based on Third acceptance system accessed via the Party Conformity Assessment Body Commission’s order must also find that Commission’s Internet site at accrediting the firewalled conformity Testing Prior to the Commission’s http://www.cpsc.gov/about/cpsia/ Acceptance of Accreditation assessment body would provide equal labaccred.html. The applicant provides, or greater consumer safety protection in English, basic identifying information The Commission will accept a than the manufacturer’s or private concerning its location and the type of certificate of compliance with 16 CFR labeler’s use of an independent accreditation it is seeking, as well as part 1615 and/or 16 CFR part 1616 conformity assessment body. electronic copies of its ILAC–MRA based on testing performed by an C. Additional Accreditation accreditation certificate and scope accredited third party conformity Requirements for Governmental statement and its firewalled third party assessment body (including a Conformity Assessment Bodies conformity assessment body training government-owned or government- document(s), if applicable. controlled conformity assessment body, In addition to the baseline Commission staff will review the or a firewalled conformity assessment accreditation requirements of part II.A submission for accuracy and body) prior to the Commission’s of this document above, the CPSIA completeness. In the case of baseline acceptance of its accreditation if all the permits accreditation of a third party third party conformity assessment following conditions are met: conformity assessment body owned or bodies and government-owned or • When the product was tested, the controlled, in whole or in part, by a government-controlled conformity testing was done by a third party government if: assessment bodies, when that review conformity assessment body that at that • To the extent practicable, and any necessary discussions with the time was ISO/IEC 17025 accredited by manufacturers or private labelers applicant are satisfactorily completed, an ILAC–MRA signatory and the scope located in any nation are permitted to the third party conformity assessment of the accreditation included the choose conformity assessment bodies body in question is added to the CPSC’s that are not owned or controlled by the list of accredited third party conformity regulations specified in this notice. For government of that nation; assessment bodies at http:// firewalled conformity assessment • www.cpsc.gov/about/cpsia/ bodies, the Commission will not accept The third party conformity a certificate of compliance based on assessment body’s testing results are not labaccred.html. In the case of a firewalled conformity assessment body testing performed by the third party subject to undue influence by any other conformity assessment body unless the person, including another governmental seeking accredited status, when the staff’s review is complete, the staff firewalled conformity assessment body entity; was accredited by order as a firewalled • The third party conformity transmits its recommendation on accreditation to the Commission for conformity assessment body before the assessment body is not accorded more product was tested, even though the favorable treatment than other third consideration. (A third party conformity assessment body that ultimately may order will not have included the test party conformity assessment bodies methods in the regulations specified in which have been accredited in the same seek acceptance as a firewalled third party conformity assessment body also this notice. nation; • • initially can request acceptance as a The third party conformity The third party conformity third party conformity assessment body assessment body’s application for assessment body’s testing results are accredited for testing of children’s testing using the test methods in the accorded no greater weight by other products other than those of its owners.) regulations identified in this notice is governmental authorities than those of If the Commission accepts a staff accepted by the CPSC on or before other accredited third party conformity recommendation to accredit a firewalled January 18, 2011. assessment bodies; and conformity assessment body, the • • The product was tested on or after The third party conformity Commission will issue an order making assessment body does not exercise November 19, 2009, with respect to the the required statutory findings, and the regulations identified in this notice. undue influence over other firewalled conformity assessment body • governmental authorities on matters then will be added to the CPSC’s list of The test results show compliance affecting its operations or on decisions accredited third party conformity with the applicable current standards by other governmental authorities assessment bodies. In each case, the and/or regulations. controlling distribution of products Commission will notify the third party • The third party conformity based on outcomes of the third party conformity assessment body assessment body’s accreditation remains conformity assessment body’s electronically of acceptance of its in effect from the date of testing through conformity assessments. accreditation. All information to the effective date for mandatory third The Commission will accept the support an accreditation acceptance party testing and manufacturer accreditation of a governmental third request must be provided in the English certification for conformity with 16 CFR party conformity assessment body if it language. parts 1615 and/or 1616. meets the baseline accreditation Subject to the limited provisions for Dated: November 15, 2010. requirements of part II.A of this acceptance of ‘‘retrospective’’ testing document above and meets the noted in part IV of this document below, Todd A. Stevenson, additional conditions stated here. To once the Commission adds a third party Secretary, Consumer Product Safety obtain this assurance, CPSC staff will conformity assessment body to the list, Commission. engage the governmental entities the third party conformity assessment [FR Doc. 2010–29209 Filed 11–18–10; 8:45 am] relevant to the accreditation request. body may begin testing of children’s BILLING CODE 6355–01–P

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DEPARTMENT OF DEFENSE Management Office, 111 Army 14. Mr. Joseph M. McDade, Assistant Pentagon, Washington, DC 20310–0111. Deputy Chief of Staff, G–1, Office of the Department of the Army SUPPLEMENTARY INFORMATION: Section Assistant G–1. 4314(c)(1) through (5) of Title 5, U.S.C., Intent To Grant an Exclusive License 15. Ms. Joyce E. Morrow, requires each agency to establish, in for a U.S. Government-Owned Administrative Assistant to the accordance with regulations, one or Invention Secretary of the Army, Office of the more Senior Executive Service Secretary of the Army. AGENCY: Department of the Army, DoD. performance review boards. The boards 16. Mr. John B. Nerger, Executive ACTION: Notice. shall review and evaluate the initial appraisal of senior executives’ Director/Director of Services, Assistant SUMMARY: In accordance with 35 U.S.C. performance by supervisors and make Chief of Staff for Installation 209(e), and 37 CFR 404.7 (a)(1)(i) and 37 recommendations to the appointing Management, Installation Management CFR 404.7 (b)(1)(i), announcement is authority or rating official relative to the Command. made of the intent to grant an exclusive, performance of these executives. 17. Mr. Levator Norsworthy Jr., revocable license for the invention The members of the Department of the Deputy General Counsel (Acquisition)/ claimed in the patent application PCT/ Army Performance Review Board are: Senior Deputy General Counsel, Office US2009/045818, filed June 1, 2009, 1. Ms. Stephanie A. Barna, Deputy of the General Counsel. entitled, ‘‘Meningococcal Multivalent General Counsel (Operations and Native Outer Membrane Vesicle Personnel), Office of the General 18. Mr. Gerald B. O’Keefe, Deputy Vaccine, Methods of Making and Use Counsel. Administrative Assistant to the Thereof,’’ to Merck Sharp & Dohme 2. Dr. Craig E. College, Deputy, Secretary of the Army/Director, Shared Corp., with its principal place of Deputy Assistant Chief of Staff for Services, Office of the Administrative business at One Merck Drive, Installation Management, Office of the Assistant to the Secretary of the Army. Whitehouse Station, NJ 08889–3400. Assistant Chief of Staff for Installation 19. Dr. Malcolm R. O’Neill, Assistant ADDRESSES: Commander, U.S. Army Management. Secretary of the Army (Acquisition, Medical Research and Materiel 3. Ms. Kathryn A. Condon, Executive Logistics and Technology), Office of the Command, ATTN: Command Judge Director of the Army National Assistant Secretary of the Army Advocate, MCMR–JA, 504 Scott Street, Cemeteries Program, Office of the (Acquisition, Logistics and Technology). Fort Detrick, Frederick, MD 21702– Secretary of the Army. 20. Lieutenant General James H. 5012. 4. Gwendolyn R. DeFilippi, Director, Civilian Senior Leader Management Pillsbury, Deputy Commanding General, FOR FURTHER INFORMATION CONTACT: For Office, Office of the Assistant Secretary United States Army Material Command. licensing issues, Dr. Paul Mele, Office of of the Army (Manpower and Reserve 21. Mr. Wimpy D. Pybus, Deputy Research and Technology Applications Affairs). Assistant Secretary of the Army for (ORTA), (301) 619–6664. For patent 5. Major General Genaro J. Dellarocco, issues, Ms. Elizabeth Arwine, Patent Integrated Logistics Support, Office of Commanding General, Army Test and the Assistant Secretary of the Army Attorney, (301) 619–7808, both at Evaluation Command. telefax (301) 619–5034. (Acquisition, Logistics, and 6. Major General Ann E. Dunwoody, Technology). SUPPLEMENTARY INFORMATION: Anyone Commanding General, United States wishing to object to the grant of this Army Materiel Command. 22. Mr. Craig R. Schmauder, Deputy license can file written objections along 7. Ms. Sue A. Engelhardt, Director of General Counsel (Installation, with supporting evidence, if any, within Human Resources, United States Army Environment and Civil Works), Office of 15 days from the date of this Corps of Engineers. the General Counsel. publication. Written objections are to be 8. Mr. Kevin M. Fahey, Program 23. Mr. Karl F. Schneider, Principal filed with the Command Judge Advocate Executive Officer, Combat Support and Deputy to the Assistant Secretary of the (see ADDRESSES). Combat Service Support, Office of the Army (Manpower and Reserve Affairs), Brenda S. Bowen, Assistant Secretary of the Army Office of Assistant Secretary of the (Acquisition, Logistics and Technology). Army Federal Register Liaison Officer. Army, Manpower and Reserve Affairs. 9. Ms. Teresa W. Gerton, Executive 24. Dr. James J. Streilein, Executive [FR Doc. 2010–29206 Filed 11–18–10; 8:45 am] Deputy to the Commanding General, BILLING CODE 3710–08–P United States Army Materiel Command. Director, Army Test and Evaluation 10. Mr. Louis J. Hansen, Principal Command. Deputy to the Assistant Secretary of the 25. Lawrence Stubblefield, Deputy DEPARTMENT OF DEFENSE Army (Installations and Environment), Assistant Secretary of the Army Department of the Army Office of the Assistant Secretary of the (Diversity and Leadership), Office of the Army (Installations and Environment). Assistant Secretary of the Army Performance Review Board 11. Ms. Ellen M. Helmerson, Deputy (Manpower and Reserve Affairs). Membership Chief of Staff, G–1/4 (Personnel and 26. Major General Bo Temple, Deputy Logistics), United States Army Training Commanding General, United States AGENCY: Department of the Army, DoD. and Doctrine Command. Army Corps of Engineers. ACTION: Notice. 12. Mr. Thomas R. Lamont, Assistant Secretary of the Army (Manpower and 27. Lieutenant General Robert L. Van SUMMARY: Notice is given of the names Reserve Affairs), Office of the Assistant Antwerp Jr., Commanding General, of members of a Performance Review Secretary of the Army (Manpower and United States Army Corps of Engineers. Board for the Department of the Army. Reserve Affairs). DATES: Effective Date: November 16, 13. Mr. Mark R. Lewis, Assistant Brenda S. Bowen, 2010. Deputy Chief of Staff for Operations Army Federal Register Liaison Officer. FOR FURTHER INFORMATION CONTACT: (G–3/5/7), Office of Deputy Chief of [FR Doc. 2010–29207 Filed 11–18–10; 8:45 am] Angel Wolfrey, Civilian Senior Leader Staff for Operations. BILLING CODE 3710–08–P

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DEPARTMENT OF DEFENSE Services, Office of Management invites Total Estimated Annual Burden comments on the submission for OMB Hours: 28,275. Department of the Army review as required by the Paperwork Abstract: The Lender’s Request for Reduction Act of 1995 (Pub. L. 104–13). Payment of Interest and Special Surplus Properties; Notice DATES: Interested persons are invited to Allowance (ED Form 799) is used by AGENCY: Department of the Army, DoD. submit comments on or before approximately 2,900 lenders participating in the Title IV, Part B loan ACTION: Notice. December 20, 2010. ADDRESSES: Written comments should programs. The ED Form 799 is used to SUMMARY: This amended notice provides be addressed to the Office of pay interest and special allowance to information regarding the Chattanooga Information and Regulatory Affairs, holders of the Part B loans; and to (Volunteer Army Ammunition Plant) Attention: Education Desk Officer, capture quarterly data from lender’s USARC that was determined surplus to Office of Management and Budget, 725 loan portfolio for financial and the United States needs in accordance 17th Street, NW., Room 10222, New budgetary projections. with the Defense Base Closure and Executive Office Building, Washington, Requests for copies of the information Realignment Act of 1990, Public Law DC 20503, be faxed to (202) 395–5806 or collection submission for OMB review 101–510, as amended, and the 2005 e-mailed to oira_submission@ may be accessed from the RegInfo.gov Base Closure and Realignment omb.eop.gov with a cc: to ICDocketMgr@ Web site at http://www.reginfo.gov/ Commission Report, as approved, and ed.gov. Please note that written public/do/PRAMain or from the following screening with Federal comments received in response to this Department’s Web site at agencies and Department of Defense notice will be considered public http://edicsweb.ed.gov, by selecting the components. This Notice amends the records. ‘‘Browse Pending Collections’’ link and by clicking on link number 4366. When Notice published in the Federal SUPPLEMENTARY INFORMATION: Section Register (71 FR 26081) on May 8, 2007. you access the information collection, 3506 of the Paperwork Reduction Act of click on ‘‘Download Attachments ’’ to DATES: Effective immediately, by adding 1995 (44 U.S.C. Chapter 35) requires the following surplus property notice. view. Written requests for information that the Office of Management and should be addressed to U.S. Department FOR FURTHER INFORMATION CONTACT: Budget (OMB) provide interested of Education, 400 Maryland Avenue, Headquarters, Department of the Army, Federal agencies and the public an early SW., LBJ, Washington, DC 20202–4537. Assistant Chief of Staff for Installation opportunity to comment on information Requests may also be electronically Management, Base Realignment and collection requests. The OMB is mailed to the Internet address Closure (BRAC) Division, Attn: DAIM– particularly interested in comments [email protected] or faxed to 202– BD, 600 Army Pentagon, Washington, which: (1) Evaluate whether the 401–0920. Please specify the complete DC 20310–0600 or at ArmyBRAC2005@ proposed collection of information is title of the information collection and hqda.army.mil. necessary for the proper performance of OMB Control Number when making SUPPLEMENTARY INFORMATION: the functions of the agency, including your request. whether the information will have Tennessee Individuals who use a practical utility; (2) Evaluate the telecommunications device for the deaf Chattanooga—Chattanooga (Volunteer accuracy of the agency’s estimate of the (TDD) may call the Federal Information Army Ammunition Plant) USARC, 6703 burden of the proposed collection of Relay Service (FIRS) at 1–800–877– Bonny Oaks Drive; Notice corrects information, including the validity of 8339. surplus property to approximately two the methodology and assumptions used; acres, including buildings 228, 229 and (3) Enhance the quality, utility, and [FR Doc. 2010–29273 Filed 11–18–10; 8:45 am] a small storage building. clarity of the information to be BILLING CODE 4000–01–P Authority: This action is authorized by the collected; and (4) Minimize the burden Defense Base Closure and Realignment Act of of the collection of information on those 1990, Title XXIX of the National Defense who are to respond, including through ENVIRONMENTAL PROTECTION Authorization Act for Fiscal Year 1991, the use of appropriate automated, AGENCY Public Law 101–510; the Base Closure electronic, mechanical, or other [EPA–R09–OAR–2010–0836; FRL–9228–8] Community Redevelopment and Homeless technological collection techniques or Assistance Act of 1994, Public Law 103–421 other forms of information technology. Notice of Prevention of Significant and 10 U.S.C. 113. Dated: November 16, 2010. Deterioration Applicability Dated: November 2, 2010. Darrin A. King, Determination for the Carlsbad Energy Joseph F. Calcara, Center Project, Carlsbad, CA Director, Information Collection Clearance Deputy Assistant Secretary of the Army Division, Regulatory Information (Installations and Housing) (OASA (I&E). AGENCY: Environmental Protection Management Services, Office of Management. Agency (EPA). [FR Doc. 2010–29205 Filed 11–18–10; 8:45 am] Federal Student Aid ACTION BILLING CODE 3710–08–P : Notice of Final Action. Type of Review: Extension. Title of Collection: Lender’s Request SUMMARY: This notice announces that on October 13, 2010, the EPA issued a DEPARTMENT OF EDUCATION for Payment of Interest and Special Allowance—LaRS. determination that the proposal to modify the Encina Power Station is not Notice of Submission for OMB Review OMB Control Number: 1845–0013. Agency Form Number(s): ED Form subject to the Prevention of Significant AGENCY: Department of Education. 799. Deterioration (PSD) permit program ACTION: Comment Request. Frequency of Responses: Quarterly. under the Clean Air Act (CAA). This Affected Public: Businesses or other modification is for constructing the SUMMARY: The Director, Information for-profit; Not-for-profit institutions. Carlsbad Energy Center Project, a Collection Clearance Division, Total Estimated Number of Annual proposed natural gas-fired power plant, Regulatory Information Management Responses: 11,600. at the existing Encina Power Station in

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the city of Carlsbad in San Diego monoxide, particulates, volatile organic County, NV, Wait Period Ends: County, California. EPA reviewed compounds, and sulfur oxides. Based on 12/20/2010, Contact: Timothy Coward applicability for the criteria pollutants our review, we have determined that the 775–482–7800 expected to be affected by the Carlsbad Energy Center Project will not EIS No. 20100445, Final EIS, NPS, NC, modification, including nitrogen oxides, cause or result in a significant net Cape Hatteras National Seashore Off- carbon monoxide, particulates, volatile emissions increase for these pollutants, Road Vehicle Management Plan, organic compounds, and sulfur oxides. and will, therefore, not be subject to the Implementation, NC, Wait Period ADDRESSES: EPA’s determination and PSD permit requirements. Ends: 12/20/2010, Contact: Mike other related documents used in the If available, judicial review of EPA’s Murray 252–473–2111 Ext 148. determination are available determination may be sought by filing a EIS No. 20100446, Draft EIS, FHWA, electronically on EPA’s Web site at petition for review pursuant to section CA, Ferguson Slide Permanent http://www.epa.gov/region9/air/ 307(b)(1) of the CAA in the United Restoration Project, Proposes to permit/r9-permits-issued.html. These States Court of Appeals for the Ninth Restore Full Highway Access along documents are also available for public Circuit within 60 days from the date on State Route 140 from 8 miles east of inspection during normal business which this notice is published in the Briceburg to 7.6 miles west of El hours at the following address: EPA Federal Register. Portal in Mariposa County, CA, Region 9, 75 Hawthorne Street, San Dated: November 9, 2010. Comment Period Ends: 01/13/2011, Francisco, California 94105. For more Elizabeth Adams, Contact: Kristen Helton 559–243– information or to arrange viewing of Acting Director, Air Division, Region 9. 8224. these documents, contact Shaheerah EIS No. 20100447, Final EIS, FTA, AK, Kelly at (415) 947–4156 or [FR Doc. 2010–29222 Filed 11–18–10; 8:45 am] BILLING CODE 6560–50–P Hatcher Pass Recreation Area Access [email protected]. Trails, and Transit Facilities, To FOR FURTHER INFORMATION CONTACT: Develop Transportation Access and Shaheerah Kelly, EPA Region 9, Air ENVIRONMENTAL PROTECTION Transit-Related Infrastructure, Division (AIR–3), 75 Hawthorne Street, AGENCY Northern and Southern Areas, San Francisco, CA 94105, (415) 947– Hatcher Pass, AK, Wait Period Ends: 4156, [email protected]. [ER–FRL–8993–7] 12/20/2010, Contact: Dan Drais 206– SUPPLEMENTARY INFORMATION: The Environmental Impacts Statements; 220–7954. Carlsbad Energy Center Project is a Notice Of Availability EIS No. 20100448, Final EIS, USACE, proposed 540 MW net (558 MW gross) NM, U.S. Steel Keetac Taconite Mine combined cycle natural gas-fired power Responsible Agency: Office of Federal Expansion Project, Propose to Restart plant that will be built at the existing Activities, General Information (202) an Idled Production Line and Expand Encina Power Station in the city of 564–1399 or http://www.epa.gov/ Contiguous Sections of the Open Pit Carlsbad in San Diego County, compliance/nepa/. Iron Ore Mine, located near Keewatin, California. The Carlsbad Energy Center Weekly receipt of Environmental Impact Itasca and St. Louis Counties, MN, Project will replace three of five existing Statements Filed 11/08/2010 Through Wait Period Ends: 12/20/2010, natural gas-fired boilers located at the 11/12/2010. Contact: Ralph Augustin 651–290– eastern end of the property site at the Pursuant to 40 CFR 1506.9. 5378. Encina Power Station. The Encina Notice Power Station is owned by NRG Energy, Amended Notices Inc. (NRG), and currently has a total of In accordance with Section 309(a) of EIS No. 20100386, Draft EIS, BLM, UT, five natural gas-fired boilers, which are the Clean Air Act, EPA is required to Uinta Basin Natural Gas Development allowed to use No. 6 fuel oil during make its comments on EISs issued by Project, To Develop Oil and Natural curtailments, and three fuel oil storage other Federal agencies public. Gas Resources within the Monument tanks. The Encina Power Station is an Historically, EPA has met this mandate Butte-Red Wash and West Tavaputs existing major source, and the addition by publishing weekly notices of Exploration and Developments Area, of the Carlsbad Energy Center Project availability of EPA comments, which Applications for Permit of Drill and would be physical change to the facility. includes a brief summary of EPA’s Right-of-Way Grants, Uintah and EPA Region 9 has authority to comment letters, in the Federal Duchesne Counties, UT, Comment implement the Clean Air Act Prevention Register. Since February 2008, EPA has Period Ends: 12/30/2010, Contact: of Significant Deterioration Program at been including its comment letters on Mark Wimmer 435–781–4464. EISs on its Web site at: http:// 40 CFR section 52.21 for San Diego Revision to FR Notice Published County, California. Because the www.epa.gov/ compliance/nepa/eisdata.html. 10/01/2010: Extending Comment Period Carlsbad Energy Center Project is a from 11/15/2010 to 12/30/2010. physical change to an existing major Including the entire EIS comment letters stationary source, EPA Region 9 on the website satisfies the Section EIS No. 20100431, Final EIS, USFS, WA, evaluated whether the physical change 309(a) requirement to make EPA’s Dosewallips Road Washout Project, is a major modification by determining comments on EISs available to the To Reestablish Road Access to both whether the physical change will result public. Accordingly, on March 31, 2010, Forest Service Road (FSR) 2610 and in a net emission increase for pollutants EPA discontinued the publication of the Dosewallips Road, Hood Canal Ranger regulated under the PSD permit notice of availability of EPA comments District Olympic National Forest, program. We received emissions in the Federal Register. Olympic National Park, Jefferson information from NRG on June 5, 2009, EIS No. 20100444, Final EIS, BLM, NV, County, WA, Wait Period Ends: as well as additional information since Tonopah Solar Energy Crescent Dunes 12/06/2010, Contact: Tim Davis 360– that time. This emissions information Solar Energy Project, a 7,680-Acre 956–2375. addressed the following criteria Right-of-Way (ROW) on Public Lands Revision to FR Notice Published pollutants associated with the to Construct a Concentrated Solar 11/05/2010: Correction to Contract modification: Nitrogen oxides, carbon Thermal Power Plant Facility, Nye Phone Number.

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EIS No. 20100438, Draft EIS, USA, CO, 466, Milford, DE 19963; telephone 3. Issue Paper on Expiration Dates— PROGRAMMATIC—Growth, number: (302) 422–8152; fax number: Supplemental Labeling. Realignment, and Stationing of Army (302) 422–2435; e-mail address: Grier 4. Issue Paper on Revision of PR Aviation Assets, Evaluates Stayton@[email protected]. Notice 87–1 (Chemigation). Environmental Impacts of Stationing SUPPLEMENTARY INFORMATION: 5. Status of Drift PRN. Army Combat Aviation Brigade at 6. Total Release Fogger investigation. Fort Carson, CO and Joint Base Lewis- I. General Information 7. Rewrite of Pesticide Inspectors McChord, WA, Comment Period A. Does this Action apply to me? Manual by the Office of Enforcement Ends: 12/20/2010, Contact: Mike and Compliance Assurance (OECA). Ackerman 210–295–2273. You may be potentially affected by 8. Survey on decline in state pesticide this action if you are interested in program resources. Revision to FR Notice Published SFIREG information exchange 11/05/2010; Correction to Lead Agency 9. Federal credentialing resource relationship with EPA regarding issues. from COE to USA and Correction to the important issues related to human Title. 10. Fumigation Label review process. health, environmental exposure to 11. Discussion on State Lead Agency Dated: November 16, 2010. pesticides, and insight into EPA’s (SLA) enforcement issues for which Robert W. Hargrove, decision-making process. You are EPA can provide assistance. Director, NEPA Compliance Division, Office invited and encouraged to attend the 12. Discussion on providing for more of Federal Activities. meetings and participate as appropriate. input from SLAs in rule-making [FR Doc. 2010–29227 Filed 11–18–10; 8:45 am] Potentially affected entities may process. BILLING CODE 6560–50–P include, but are not limited to: 13. Discussion on providing for more Those persons who are or may be review of enforceability of label required to conduct testing of chemical language during label review process. ENVIRONMENTAL PROTECTION substances under the Federal Food, 14. SFIREG Committee Reports. AGENCY Drug, and Cosmetics Act (FFDCA), or 15. Revisions to State Tribal [EPA–HQ–OPP–2010–0001; FRL–8853–5] the Federal Insecticide, Fungicide, and Assistance Grants (STAG) grant funding. Rodenticide Act (FIFRA). 16. Discussion of revised State Label SFIREG Full Committee; Notice of This listing is not intended to be Issues Tracking System (SLITS) process. Public Meeting exhaustive, but rather provides a guide 17. Association of Structural Pest for readers regarding entities likely to be Control Regulatory Officials Update. AGENCY: Environmental Protection affected by this action. Other types of 18. Association of American Pesticide Agency (EPA). entities not listed in this unit could also Safety Educators Report. ACTION: Notice. be affected. The North American 19. Tribal Pesticide Program Council Industrial Classification System Report. SUMMARY: The Association of American (NAICS) codes have been provided to 20. Pesticide Program Dialogue Pesticide Control Officials (AAPCO)/ Committee Update. State FIFRA Issues Research and assist you and others in determining Evaluation Group (SFIREG) Full whether this action might apply to III. How can I request to participate in Committee will hold a 2–day meeting, certain entities. If you have any this meeting? questions regarding the applicability of beginning on December 6, 2010, and This meeting is open for the public to ending December 7, 2010. This notice this action to a particular entity, consult the person listed under FOR FURTHER attend. You may attend the meeting announces the location and times for without further notification. the meeting and sets forth the tentative INFORMATION CONTACT. agenda topics. B. How can I get copies of this document List of Subjects DATES: The meeting will be held on and other related information? Environmental protection, Pesticides Monday, December 6, 2010, from 8:30 EPA has established a docket for this and pests. a.m. to 5 p.m. and Tuesday, December action under docket ID number EPA– Dated: November 10, 2010. 7, 2010, from 8:30 a.m. to noon. HQ–OPP–2010–0001. Publicly available Robert McNally, To request accommodation of a docket materials are available either in disability, please contact the person Acting Director, Field and External Affairs the electronic docket at Division, Office of Pesticide Programs. listed under FOR FURTHER INFORMATON http://www.regulations.gov, or, if only CONTACT, preferably at least 10 days [FR Doc. 2010–29143 Filed 11–18–10; 8:45 am] available in hard copy, at the Office of BILLING CODE 6560–50–P prior to the meeting, to give EPA as Pesticide Programs (OPP) Regulatory much time as possible to process your Public Docket in Rm. S–4400, One request. Potomac Yard (South Bldg.), 2777 S. ENVIRONMENTAL PROTECTION ADDRESSES: The meeting will be held at Crystal Dr., Arlington, VA. The hours of AGENCY EPA One Potomac Yard (South Bldg.) operation of this Docket Facility are 2777 Crystal Dr., Arlington VA, 1st from 8:30 a.m. to 4 p.m., Monday [FRL–9229–6] Floor South Conference Room. through Friday, excluding legal Meeting of the National Drinking Water FOR FURTHER INFORMATION CONTACT: Ron holidays. The Docket Facility telephone Advisory Council—Notice of Public Kendall, Field and External Affairs number is (703) 305–5805. Meeting Division (7506P), Office of Pesticide II. Background Programs, Environmental Protection AGENCY: Environmental Protection Agency, 1200 Pennsylvania Ave., NW., This unit sets forth the tentative Agency. Washington, DC 20460–0001; telephone agenda for the meeting: ACTION: Notice. number: (703) 305–5561; fax number: 1. Issue Paper on Differentiation of (703) 308–2962; e-mail address: Label Language. SUMMARY: Under Section 10(a)(2) of [email protected] or Grier Stayton, 2. Issue Paper on ‘‘For Use By’’ Label Public Law 92–423, ‘‘The Federal SFIREG Executive Secretary, P.O. Box Statements. Advisory Committee Act,’’ notice is

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hereby given of a meeting of the Special Accommodations by the Board under conditions set forth National Drinking Water Advisory For information on access or services in 5 CFR part 1320 appendix A.1. Council (NDWAC), established under for individuals with disabilities, please Board-approved collections of the Safe Drinking Water Act, as contact Suzanne Kelly by telephone at information are incorporated into the amended (42 U.S.C. 300f et seq.). The 202–564–3887 or by e-mail at official OMB inventory of currently primary focus of the meeting will be for [email protected]. To request approved collections of information. the Council to discuss the Climate accommodation of a disability, please Copies of the Paperwork Reduction Act Ready Water Utility Work Group Report. contact Suzanne Kelly, preferably, at Submission, supporting statements and The Council will be evaluating the least 10 days prior to the meeting to give approved collection of information report and determining what EPA as much time as possible to process instruments are placed into OMB’s recommendations the Council will your request. public docket files. The Federal Reserve transmit to the Administrator. The may not conduct or sponsor, and the Dated: November 15, 2010. Council will also discuss several other respondent is not required to respond activities including, the Agency’s Eric G. Burneson, to, an information collection that has drinking water strategy, the Acting Director, Office of Ground Water and been extended, revised, or implemented Drinking Water. Underground Injection Control (UIC) on or after October 1, 1995, unless it Program, and revisions to the 1989 Total [FR Doc. 2010–29239 Filed 11–18–10; 8:45 am] displays a currently valid OMB control Coliform Rule (RTCR). BILLING CODE 6560–50–P number. DATES: The Council meeting will be Request for Comment On Information Collection Proposals held on December 8, 2010, from 8:30 FEDERAL ELECTION COMMISSION a.m. to 5 p.m., and December 9, 2010, The following information from 8:30 a.m. to 5 p.m., Eastern time. Sunshine Act Notice collections, which are being handled under this delegated authority, have ADDRESSES: The meeting will be held at AGENCY: Federal Election Commission. received initial Board approval and are the Phoenix Park Hotel, 520 North DATE AND TIME: Tuesday, November 16, hereby published for comment. At the Capitol Street, NW., Washington, DC 2010, at 10 a.m. end of the comment period, the 20001. PLACE: 999 E Street, NW., Washington, proposed information collections, along FOR FURTHER INFORMATION CONTACT: DC. with an analysis of comments and recommendations received, will be Members of the public who would like STATUS: This meeting will be closed to submitted to the Board for final to attend the meeting, present an oral the public. statement, or submit a written approval under OMB delegated ITEMS TO BE DISCUSSED: Compliance authority. Comments are invited on the statement, should contact Suzanne matters pursuant to 2 U.S.C. 437g. Kelly, by e-mail at: following: Audits conducted pursuant to 2 U.S.C. a. Whether the proposed collection of [email protected], by phone, 202– 437g, § 438(b), and Title 26, U.S.C. information is necessary for the proper 564–3887, or by regular mail at the U.S. Matters concerning participation in civil performance of the Federal Reserve’s Environmental Protection Agency, actions or proceedings or arbitration. functions; including whether the Office of Ground Water and Drinking Internal personnel rules and procedures information has practical utility; Water (MC 4606M), 1200 Pennsylvania or matters affecting a particular b. The accuracy of the Federal Avenue, NW., Washington, DC 20460. employee. Reserve’s estimate of the burden of the SUPPLEMENTARY INFORMATION: The PERSON TO CONTACT FOR INFORMATION: proposed information collection, meeting is open to the public. The Judith Ingram, Press Officer Telephone: including the validity of the Council encourages the public’s input (202) 694–1220. methodology and assumptions used; c. Ways to enhance the quality, and will allocate one hour (11 a.m.– Shawn Woodhead Werth, utility, and clarity of the information to 12 p.m.) on December 9, 2010, for this Secretary and Clerk of the Commission. purpose. Oral statements will be limited be collected; and to five minutes. It is preferred that only [FR Doc. 2010–29072 Filed 11–18–10; 8:45 am] d. Ways to minimize the burden of one person present the statement on BILLING CODE 6715–01–M information collection on respondents, behalf of a group or organization. To including through the use of automated ensure adequate time for public collection techniques or other forms of involvement, individuals or FEDERAL RESERVE SYSTEM information technology. organizations interested in presenting DATES: Comments must be submitted on Proposed Agency Information an oral statement should notify Suzanne or before January 18, 2011. Collection Activities; Comment Kelly by telephone at 202–564–3887 no Request ADDRESSES: You may submit comments, later than November 30, 2010. Any identified by FR 28, FR H–5, or FR 3016, person who wishes to file a written AGENCY: Board of Governors of the by any of the following methods: statement can do so before or after a Federal Reserve System. • Agency Web Site: Council meeting. Written statements SUMMARY: Background: On June 15, http://www.federalreserve.gov. Follow received by November 30, 2010 will be 1984, the Office of Management and the instructions for submitting distributed to all members of the Budget (OMB) delegated to the Board of comments at http://www.federal Council before any final discussion or Governors of the Federal Reserve reserve.gov/generalinfo/foia/ vote is completed. Any statements System (Board) its approval authority ProposedRegs.cfm. received December 1, 2010, or after the under the Paperwork Reduction Act • Federal eRulemaking Portal: meeting will become part of the (PRA), as per 5 CFR 1320.16, to approve http://www.regulations.gov. Follow the permanent meeting file and will be of and assign OMB control numbers to instructions for submitting comments. forwarded to the Council members for collection of information requests and • E-mail: regs.comments@ their information. requirements conducted or sponsored federalreserve.gov. Include docket

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number in the subject line of the Estimated average hours per response: 248(1)). Information provided will be message. Aggregate report: 5 hours; Policy kept confidential under exemption • FAX: 202/452–3819 or 202/452– statement: 20 hours. (b)(6) of the FOIA to the extent that the 3102. Number of respondents: 843. disclosure of information ‘‘would • Mail: Jennifer J. Johnson, Secretary, General description of report: This constitute a clearly unwarranted Board of Governors of the Federal information collection is mandatory invasion of personal privacy.’’ 5 U.S.C. Reserve System, 20th Street and pursuant to section 304 of the Federal 552(b)(6). Constitution Avenue, NW., Washington, Deposit Insurance Corporation Abstract: The Application collects DC 20551. Improvement Act of 1991 (FDICIA) information to determine the All public comments are available (12 U.S.C. 1828(o)) which authorizes the qualifications and availability of from the Board’s Web site at Federal Reserve to require the applicants for employment with the http://www.federalreserve.gov/ recordkeeping requirements associated Board such as information on education generalinfo/foia/ProposedRegs.cfm as with the Board’s Regulation H (12 CFR and training, employment record, submitted, unless modified for technical 208.51). Since the information is not military service record, and other reasons. Accordingly, your comments collected by the Federal Reserve, no information since the time the applicant will not be edited to remove any issue of confidentiality under the left high school. Included with the identifying or contact information. Freedom of Information Act (FOIA) Application are two supplemental Public comments may also be viewed arises. However, information gathered questionnaires: (1) The Applicant’s electronically or in paper form in Room by the Federal Reserve during Voluntary Self-Identification Form (FR MP–500 of the Board’s Martin Building examinations of state member banks 28s), which collects information on the (20th and C Streets, NW.) between 9 would be deemed exempt from applicant’s gender and ethnic group and a.m. and 5 p.m. on weekdays. disclosure under exemption 8 of FOIA. (2) The Research Assistant Candidate Additionally, commenters should 5 U.S.C. 552(b)(8). In addition, Survey of Interests (FR 28i), which send a copy of their comments to the exemptions 4 and 6 of FOIA, (5 U.S.C. collects information from candidates OMB Desk Officer by mail to the Office 552(b)(4) and (b)(6)) also may apply to applying for Research Assistant of Information and Regulatory Affairs, certain data (specifically, individual positions on their level of interest in U.S. Office of Management and Budget, loans identified as in excess of economics and related areas. New Executive Office Building, Room supervisory loan-to-value limits) Current Actions: The Federal Reserve 10235, 725 17th Street, NW., collected in response to these proposes minor revision to the FR 28i Washington, DC 20503 or by fax to 202– requirements if gathered by the Federal by (1) expanding the list of research 395–6974. Reserve, depending on the particular topics of interest to candidates, (2) FOR FURTHER INFORMATION CONTACT: A circumstances. These exemptions relate updating the list of software packages copy of the PRA OMB submission, to confidential commercial and and statistical languages used by including the proposed reporting form financial information, and personal candidates, and (3) eliminating the and instructions, supporting statement, information, respectively. Applicability portion of the survey that asks for the and other documentation will be placed of these exemptions would be future objective of the candidates. into OMB’s public docket files, once determined on a case-by-case basis. 2. Report title: Ongoing Intermittent approved. These documents will also be Abstract: State member banks must Survey of Households. made available on the Federal Reserve adopt and maintain a written real estate Agency form numbers: FR 3016. Board’s public Web site at: http:// lending policy. Also, banks must OMB control number: 7100–0150. www.federalreserve.gov/boarddocs/ identify their loans in excess of the Frequency: On Occasion. reportforms/review.cfm or may be supervisory loan-to-value limits and Reporters: Households and requested from the agency clearance report (at least quarterly) the aggregate individuals. officer, whose name appears below. amount of the loans to the bank’s board Annual reporting hours: 633 hours. Cindy Ayouch, Acting Federal of directors. Estimated average hours per response: Reserve Board Clearance Officer (202– Proposal to approve under OMB Division of Research & Statistics, 1.58 452–3829), Division of Research and delegated authority the extension for minutes; Division of Consumer & Statistics, Board of Governors of the three years, with minor revision, of the Community Affairs (DCCA), 3 minutes; Federal Reserve System, Washington, following reports: Other divisions, 5 minutes; and Non- DC 20551. Telecommunications Device 1. Report title: Application for SRC surveys, 90 minutes. for the Deaf (TDD) users may contact Employment with the Board of Number of respondents: 500. General description of report: This (202–263–4869), Board of Governors of Governors of the Federal Reserve information collection is voluntary (12 the Federal Reserve System, System. U.S.C. 225a, 263 and 15 U.S.C. 1691b). Washington, DC 20551. Agency form numbers: FR 28, FR 28s, Proposal to approve under OMB FR 28i. No issue of confidentiality normally delegated authority the extension for OMB control number: 7100–0181. arises because names and any other three years, without revision, of the Frequency: On Occasion. characteristics that would permit following report: Reporters: Employment applicants. personal identification of respondents Report title: Recordkeeping Annual reporting hours: 3,558 hours. are not reported to the Federal Reserve Requirements Associated with the Real Estimated average hours per response: Board. However, exemption 6 of the Estate Lending Standards Regulation for FR 28: 1 hour; FR 28s: 1 minute; FR 28i: FOIA (5 U.S.C. 552(b)(6)) would exempt State Member Banks. 5 minutes. this information from disclosure. Agency form number: Reg H–5. Number of respondents: FR 28: 3,500; Abstract: The Federal Reserve uses OMB control number: 7100–0261. FR 28s: 2,000; FR 28i: 300. this voluntary survey to obtain Frequency: Aggregate report, General description of report: This household-based information quarterly; policy statement, annually. information collection is required to specifically tailored to the Federal Reporters: State member banks. obtain a benefit and is authorized Reserve’s policy, regulatory, and Estimated annual reporting hours: pursuant to Sections 10 and 11 of the operational responsibilities. Currently, 16,860 hours. Federal Reserve Act (12 U.S.C. 244 and the University of Michigan’s Survey

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Research Center (SRC) includes survey Because comments will be made paper form be sent by courier or questions on behalf of the Federal public, they should not include any overnight service, if possible, because Reserve in an addendum to their regular sensitive personal information, such as U.S. postal mail in the Washington area monthly Survey of Consumer Attitudes an individual’s Social Security Number; and at the Commission is subject to and Expectations. The SRC conducts the date of birth; driver’s license number or delay due to heightened security survey by telephone with a sample of other state identification number, or precautions. 500 households and asks questions of foreign country equivalent; passport The Federal Trade Commission Act special interest to the Federal Reserve number; financial account number; or (‘‘FTC Act’’) and other laws the intermittently, as needed. The frequency credit or debit card number. Comments Commission administers permit the and content of the questions depend on also should not include any sensitive collection of public comments to changing economic, regulatory, and health information, such as medical consider and use in this proceeding as legislative developments. The Federal records or other individually appropriate. The Commission will Reserve primarily uses the survey to identifiable health information. In consider all timely and responsive study consumer financial decisions, addition, comments should not include public comments that it receives, attitudes, and payment behavior. any ‘‘[t]rade secret or any commercial or whether filed in paper or electronic Current Actions: The Federal Reserve financial information which is obtained form. Comments received will be proposes to revise the FR 3016 by from any person and which is privileged available to the public on the FTC Web decreasing the number of SRC surveys or confidential * * *,’’ as provided in site, to the extent practicable, at http:// that would be conducted per year by Section 6(f) of the FTC Act, 15 U.S.C. www.ftc.gov/os/publiccomments.shtm. DCCA from four to two. This decrease 46(f), and Commission Rule 4.10(a)(2), As a matter of discretion, the is due to DCCA’s restructuring of its 16 CFR 4.10(a)(2). Comments containing Commission makes every effort to research function as a result of the material for which confidential remove home contact information for Dodd-Frank Wall Street Reform and treatment is requested must be filed in individuals from the public comments it Consumer Protection Act. paper form, must be clearly labeled receives before placing those comments Board of Governors of the Federal Reserve ‘‘Confidential,’’ and must comply with on the FTC Web site. More information, System, November 16, 2010. FTC Rule 4.9(c), 16 CFR 4.9(c).1 including routine uses permitted by the Jennifer J. Johnson, Because paper mail addressed to the Privacy Act, may be found in the FTC’s Secretary of the Board. FTC is subject to delay due to privacy policy, at http://www.ftc.gov/ [FR Doc. 2010–29188 Filed 11–18–10; 8:45 am] heightened security screening, please ftc/privacy.shtm. BILLING CODE 6210–01–P consider submitting your comments in electronic form. Comments filed in FOR FURTHER INFORMATION CONTACT: Joe electronic form should be submitted by Lipinsky (206–220–4473), FTC Northwest Regional Office, 600 FEDERAL TRADE COMMISSION using the following weblink: https:// ftcpublic.commentworks.com/ftc/ Pennsylvania Avenue, NW., [File No. 101 0061] simonproperty and following the Washington, DC 20580. instructions on the web-based form. To Simon Property Group, Inc.; Analysis SUPPLEMENTARY INFORMATION: Pursuant ensure that the Commission considers of Proposed Agreement Containing to section 6(f) of the Federal Trade an electronic comment, you must file it Consent Orders To Aid Public Commission Act, 38 Stat. 721, 15 U.S.C. on the web-based form at the weblink: Comment 46(f), and § 2.34 the Commission Rules https://ftcpublic.commentworks.com/ of Practice, 16 CFR 2.34, notice is AGENCY: Federal Trade Commission. ftc/simonproperty. If this Notice appears hereby given that the above-captioned ACTION: Proposed consent agreement. at http://www.regulations.gov/ consent agreement containing a consent search/index.jsp, you may also file an order to cease and desist, having been SUMMARY: The consent agreement in this electronic comment through that Web filed with and accepted, subject to final matter settles alleged violations of site. The Commission will consider all approval, by the Commission, has been federal law prohibiting unfair or comments that regulations.gov forwards placed on the public record for a period deceptive acts or practices or unfair to it. You may also visit the FTC Web of thirty (30) days. The following methods of competition. The attached site at http://www.ftc.gov/ to read the Analysis to Aid Public Comment Analysis to Aid Public Comment Notice and the news release describing describes the terms of the consent describes both the allegations in the it. agreement, and the allegations in the draft complaint and the terms of the A comment filed in paper form complaint. An electronic copy of the consent order—embodied in the consent should include the ‘‘Simon Property, full text of the consent agreement agreement—that would settle these File No. 101 0061’’ reference both in the package can be obtained from the FTC allegations. text and on the envelope, and should be Home Page (for November 10, 2010), on DATES: Comments must be received on mailed or delivered to the following the World Wide Web, at or before December 10, 2010. address: Federal Trade Commission, http://www.ftc.gov/os/actions.shtm. A ADDRESSES: Interested parties are Office of the Secretary, Room H–135 paper copy can be obtained from the invited to submit written comments (Annex D), 600 Pennsylvania Avenue, FTC Public Reference Room, Room 130– electronically or in paper form. NW., Washington, DC 20580. The FTC H, 600 Pennsylvania Avenue, NW., Comments should refer to ‘‘Simon is requesting that any comment filed in Washington, DC 20580, either in person Property, File No. 101 0061’’ to facilitate or by calling (202) 326–2222. 1 The comment must be accompanied by an the organization of comments. Please explicit request for confidential treatment, Public comments are invited, and may note that your comment—including including the factual and legal basis for the request, be filed with the Commission in either your name and your state—will be and must identify the specific portions of the paper or electronic form. All comments placed on the public record of this comment to be withheld from the public record. should be filed as prescribed in the The request will be granted or denied by the ADDRESSES proceeding, including on the publicly Commission’s General Counsel, consistent with section above, and must be accessible FTC Web site, at http:// applicable law and the public interest. See FTC received on or before the date specified www.ftc.gov/os/publiccomments.shtm. Rule 4.9(c), 16 CFR 4.9(c). in the DATES section.

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Analysis of Agreement Containing II. Description of the Parties unilaterally raise rents or reduce non- Consent Order To Aid Public Comment Simon, a publicly traded real estate price benefits provided to tenants. I. Introduction investment trust, is based in In the Chicago metropolitan area, the Indianapolis, Indiana. Simon is engaged acquisition of Prime’s Huntley, IL, and The Federal Trade Commission in the business of developing and Pleasant Prairie, WI, outlet centers ‘‘ ’’ ‘‘ ’’ ( Commission or FTC ) has accepted, managing real estate. In particular, would give Simon ownership of all five subject to final approval, an Agreement Simon develops and operates outlet outlet centers currently serving the Containing Consent Orders (‘‘Consent centers under the Premium Outlets and Chicago metropolitan area market. Agreement’’) from Simon Property Mills brands. Simon also develops and However, there are two other outlet Group, Inc. (‘‘Simon’’) that will remedy operates other real estate platforms. centers planned for this market: Craig the anticompetitive effects likely to Prime is a privately held subsidiary, Realty Group’s planned outlet center in result from Simon’s acquisition of Prime jointly owned by entities controlled by Country Club Hills, IL; and AWE Outlets Acquisition Company, LLC David Lichtenstein and the Lightstone ‘‘ ’’ Talisman’s planned outlet center in ( Prime ). Under the terms of the Group, a real estate investment proposed Consent Agreement, Simon is Rosemont, IL. Absent the proposed company. Headquartered in Baltimore, relief in the Chicago metropolitan area, required, among other things, to divest MD, Prime is a developer and operator either Prime Outlets-Jeffersonville or Simon may be able to prevent or limit of outlet centers under the Prime this planned entry. Many of the tenants Simon’s Cincinnati Premium Outlets, Outlets brand. both located in Southwest Ohio. at the current Chicago area outlet Additionally, the proposed Consent III. The Complaint centers have radius restrictions in their Agreement prohibits Simon from leases. This prevents or makes it very The Commission’s complaint alleges expensive for these outlet tenants to enforcing any radius restriction with that Simon’s acquisition of Prime may open additional stores within the respect to any lease with any tenant in substantially lessen competition in the Chicago, IL metropolitan area, which either of the following geographic areas: provision of retail space at outlet centers has the effect of preventing potential the Chicago, IL, metropolitan area or in the Southwest Ohio; Chicago, IL; and entry because the new developers Orlando, FL. Finally, from the time Orlando, FL, areas in violation of cannot sign many of the tenants that are when the Order becomes final through Section 7 of the Clayton Act, as January 1, 2015, all tenants in Prime amended, 15 U.S.C. 18, and Section 5 of subject to radius restrictions. Outlets Orlando, Prime Outlets Orlando the Federal Trade Commission Act, as In Orlando, the acquisition of Prime’s Marketplace, and Orlando Premium amended, 15 U.S.C. 45. outlet centers would give Simon Outlets may unilaterally opt to extend The complaint alleges that the ownership of three of the six outlet any existing lease under its existing relevant product market in which to centers serving the Orlando area. terms, without penalty, until January 1, analyze the effects of the acquisition is However, Simon is acquiring the two 2015. retail space at outlet centers. Outlet closest competitors for many tenants. The proposed Consent Agreement has centers are shopping centers featuring Absent the proposed relief in Orlando, been placed on the public record for outlet stores, which sell discounted Simon’s acquisition of Prime would thirty (30) days for receipt of comments brand name merchandise. By clustering increase the risk that Simon would by interested persons. Comments together, outlet tenants derive strong unilaterally raise prices or otherwise received during this period will become benefits from the network effect of reduce tenant benefits due to lost part of the public record. After thirty creating a shopping destination, which competition. (30) days, the Commission will again is strengthened by the presence of Based on the above facts, the review the proposed Consent tenants with desirable brands. Agreement, and will decide whether to complaint alleges that Simon’s The complaint also alleges that the acquisition of Prime could eliminate withdraw from the proposed Consent relevant geographic markets are local in Agreement, modify it, or make it final. actual, direct, and substantial nature. Competition between owners competition between Simon and Prime On December 8, 2009, Simon and and developers of outlet centers occurs in the relevant markets, and increase Prime entered into an acquisition in local areas where more than one Simon’s ability to unilaterally exercise agreement under which Simon would outlet center exists. In local overlap market power in Southwest Ohio; acquire the entire Prime portfolio of areas, tenants are able to use Chicago; and Orlando. outlet centers, consisting of 22 competition between landlords to get properties. The total value of the more favorable price and non-price As stated in the complaint, entry transaction was approximately $2.3 terms in leases. The three geographic would not be timely, likely, or sufficient billion. On June 28, 2010, the parties areas of concern outlined in the to deter or counteract the amended the agreement to remove complaint are: (1) Southwest Ohio; anticompetitive effects of this Prime’s St. Augustine, FL, outlet center (2) the Chicago, IL, metropolitan area; acquisition. It takes more than two years and its development projects at and (3) Orlando, FL. to develop an outlet center, or to Livermore, CA, and Grand Prairie, TX, In Southwest Ohio, Simon owns one reposition another type of shopping from the schedule of properties to be outlet center, Cincinnati Premium center into an outlet center. In addition, acquired by Simon. The acquisition was Outlets in Monroe, OH, and Prime owns entry is not likely because the relevant consummated on August 30, 2010. The one, Prime Outlets-Jeffersonville in markets affected by this transaction are Commission’s complaint alleges that Jeffersonville, OH. These are the only protected by radius restrictions, which Simon’s acquisition violates Section 7 of outlet centers serving Southwest Ohio. prevent or make it very expensive for the Clayton Act, as amended, 15 U.S.C. Absent the proposed divestiture of one outlet tenants to open additional stores 18, and Section 5 of the Federal Trade of these outlet centers, Simon’s within a certain proscribed radius of an Commission Act, as amended, 15 U.S.C. acquisition of Prime would give Simon existing outlet center. This has the effect 45, by eliminating an actual, direct, and a monopoly in the retail space in outlet of preventing potential entry because substantial competitor from certain local centers market in Southwest Ohio, new developers cannot sign tenants markets in the United States. increasing the risk that Simon would already bound by radius restrictions.

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IV. The Terms of the Proposed Consent By direction of the Commission. writing, on issues pending before the Agreement Donald S. Clark, committee. Written submissions may be made to the contact person on or before Secretary. The proposed Consent Agreement December 10, 2010. Oral comments from the will remedy the likely competitive [FR Doc. 2010–29163 Filed 11–18–10; 8:45 am] public will be scheduled between effects resulting from Simon’s BILLING CODE 6750–01–P approximately 2 and 3 p.m./Eastern Time. acquisition of Prime’s outlet centers in Time allotted for each presentation will be each of the relevant markets discussed limited to three minutes each. If the number above. Pursuant to the proposed DEPARTMENT OF HEALTH AND of speakers requesting to comment is greater Consent Agreement, Simon will divest HUMAN SERVICES than can be reasonably accommodated one outlet center in Southwest Ohio. during the scheduled open public hearing session, ONC will take written comments This will remedy the competitive harm Office of the National Coordinator for Health Information Technology; HIT after the meeting until close of business. in that market by ensuring that Simon Persons attending ONC’s advisory will not have a monopoly. The proposed Standards Committee Advisory committee meetings are advised that the Consent Agreement also requires Simon Meeting; Notice of Meeting agency is not responsible for providing access to electrical outlets. to waive enforcement of radius AGENCY: Office of the National restrictions in the Chicago metropolitan ONC welcomes the attendance of the Coordinator for Health Information public at its advisory committee meetings. area, which will eliminate a significant Technology, HHS. entry barrier that otherwise would likely Seating is limited at the location, and ONC ACTION: Notice of meeting. preclude entry in Chicago. Finally, in will make every effort to accommodate persons with physical disabilities or special Orlando, the proposed Consent This notice announces a forthcoming needs. If you require special accommodations Agreement requires Simon to waive meeting of a public advisory committee due to a disability, please contact Judy enforcement of radius restrictions, of the Office of the National Coordinator Sparrow at least seven (7) days in advance of which will make new entry for Health Information Technology the meeting. substantially easier. Additionally, the (ONC). The meeting will be open to the ONC is committed to the orderly conduct proposed Consent Agreement requires public. of its advisory committee meetings. Please Simon to provide tenants at all three visit our Web site at http://healthit.hhs.gov Name of Committee: HIT Standards for procedures on public conduct during outlet centers it will own in Orlando Committee. with the unilateral right to extend advisory committee meetings. General Function of the Committee: to Notice of this meeting is given under the existing leases under existing lease provide recommendations to the National Federal Advisory Committee Act (Pub. L. 92– terms up to January 1, 2015, with no Coordinator on standards, implementation 463, 5 U.S.C., App. 2). penalty. specifications, and certification criteria for Finally, the proposed Consent the electronic exchange and use of health Dated: November 8, 2010. Agreement requires Simon to maintain information for purposes of adoption, Judith Sparrow, the Southwest Ohio outlet centers at full consistent with the implementation of the Office of Programs and Coordination, Office economic viability, marketability, and Federal Health IT Strategic Plan, and in of the National Coordinator for Health accordance with policies developed by the competitiveness until the divestiture of Information Technology. HIT Policy Committee. [FR Doc. 2010–29217 Filed 11–18–10; 8:45 am] one of the outlet centers to a Date and Time: The meeting will be held Commission-approved acquirer is on December 17, 2010, from 9 a.m. to 3 p.m./ BILLING CODE 4150–45–P complete. Eastern Time. Location: The meeting will be conducted V. Opportunity for Public Comment virtually only. Dial into the meeting: 1–877– DEPARTMENT OF HEALTH AND The proposed Consent Agreement has 705–6006; webcast: HUMAN SERVICES been placed on the public record for http://altarum.adobeconnect.com/ Office of the National Coordinator for thirty (30) days for receipt of comments HITstandards. Health Information Technology; HIT by interested persons. Comments Contact Person: Judy Sparrow, Office of the National Coordinator, HHS, 330 C Street, SW, Policy Committee Advisory Meeting; received during this period will become Washington, DC 20201, 202–205–4528, Fax: Notice of Meeting part of the public record. After thirty 202–690–6079, email: [email protected]. (30) days, the Commission will review Please call the contact person for up-to-date AGENCY: Office of the National the comments received, and decide information on this meeting. A notice in the Coordinator for Health Information whether to withdraw from the proposed Federal Register about last minute Technology, HHS modifications that impact a previously Consent Agreement, modify it, or make ACTION: Notice of meeting. it final. By accepting the proposed announced advisory committee meeting Consent Agreement subject to final cannot always be published quickly enough This notice announces a forthcoming approval, the Commission anticipates to provide timely notice. meeting of a public advisory committee Agenda: The committee will hear reports that the competitive problems alleged in from its workgroups, including the Clinical of the Office of the National Coordinator the complaint will be resolved. The Operations, Vocabulary Task Force, for Health Information Technology purpose of this analysis is to inform and Implementation, and Enrollment (ONC). The meeting will be open to the invite public comment on the proposed Workgroups. ONC intends to make public. Consent Agreement, including the background material available to the public Name of Committee: HIT Policy proposed divestiture, and to aid the no later than two (2) business days prior to Committee. Commission in its determination of the meeting. If ONC is unable to post the General Function of the Committee: to whether to make the proposed Consent background material on its Web site prior to provide recommendations to the Agreement final. This analysis is not the meeting, it will be made publicly National Coordinator on a policy available at the location of the advisory intended to constitute an official committee meeting, and the background framework for the development and interpretation of the proposed Consent material will be posted on ONC’s Web site adoption of a nationwide health Agreement, nor to modify the terms of after the meeting, at http://healthit.hhs.gov. information technology infrastructure the proposed Consent Agreement in any Procedure: Interested persons may present that permits the electronic exchange and way. data, information, or views, orally or in use of health information as is

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consistent with the Federal Health IT physical disabilities or special needs. If Workgroup, 9 a.m. to 2:30 p.m./ET; Strategic Plan and that includes you require special accommodations December 6th Information Exchange recommendations on the areas in which due to a disability, please contact Judy Workgroup, 11 a.m. to 2 p.m./ET; standards, implementation Sparrow at least seven (7) days in December 8th Enrollment Workgroup, specifications, and certification criteria advance of the meeting. 11 a.m. to 2 p.m./ET; December 9th are needed. ONC is committed to the orderly Privacy & Security Tiger Team, 9 a.m. to Date and Time: The meeting will be conduct of its advisory committee 4 p.m./ET, Marriott Metro Center; held on December 13, 2010, from 10 meetings. Please visit our Web site at December 10th Privacy & Security Tiger a.m. to 3:15 p.m./Eastern Time. http://healthit.hhs.gov for procedures Team, 10 a.m. to 12 p.m./ET; and Location: The Marriott Renaissance on public conduct during advisory December 10th Meaningful Use Washington Dupont Circle Hotel, 1143 committee meetings. Workgroup, 1 p.m. to 2:30 p.m./ET. New Hampshire Avenue, NW., Notice of this meeting is given under Location: All workgroup meetings Washington, DC. For up-to-date the Federal Advisory Committee Act will be available via webcast; for information, go to the ONC Web site, (Pub. L. 92–463, 5 U.S.C., App. 2). instructions on how to listen via http://healthit.hhs.gov. Dated: November 8, 2010. telephone or Web visit Contact Person: Judy Sparrow, Office http://healthit.hhs.gov. Please check the Judith Sparrow, of the National Coordinator, HHS, 330 C ONC Web site for additional Street, SW, Washington, DC 20201, 202– Office of Programs and Coordination, Office information or revised schedules as it 205–4528, Fax: 202–690–6079, e-mail: of the National Coordinator for Health becomes available. Information Technology. [email protected]. Please call the Contact Person: Judy Sparrow, Office contact person for up-to-date [FR Doc. 2010–29219 Filed 11–18–10; 8:45 am] of the National Coordinator, HHS, 330 C information on this meeting. A notice in BILLING CODE 4150–45–P Street, SW., Washington, DC 20201, the Federal Register about last minute 202–205–4528, Fax: 202–690–6079, modifications that impact a previously email: [email protected] Please call announced advisory committee meeting DEPARTMENT OF HEALTH AND the contact person for up-to-date cannot always be published quickly HUMAN SERVICES information on these meetings. A notice enough to provide timely notice. Office of the National Coordinator for in the Federal Register about last Agenda: The committee will hear Health Information Technology; HIT minute modifications that affect a reports from its workgroups, including Policy Committee’s Workgroup previously announced advisory the Meaningful Use Workgroup, the Meetings; Notice of Meetings committee meeting cannot always be Privacy & Security Tiger Team, the published quickly enough to provide Information Exchange Workgroup, the AGENCY: Office of the National timely notice. Enrollment Workgroup, and the Coordinator for Health Information Agenda: The workgroups will be Governance Workgroup. ONC intends to Technology, HHS. discussing issues related to their make background material available to ACTION: Notice of meetings. specific subject matter, e.g., meaningful the public no later than two (2) business use, information exchange, privacy and days prior to the meeting. If ONC is This notice announces forthcoming security, enrollment, governance, or unable to post the background material subcommittee meetings of a Federal adoption/certification. If background on its Web site prior to the meeting, it advisory committee of the Office of the materials are associated with the will be made publicly available at the National Coordinator for Health workgroup meetings, they will be location of the advisory committee Information Technology (ONC). The posted on ONC’s Web site prior to the meeting, and the background material meetings will be open to the public via meeting at http://healthit.hhs.gov. will be posted on ONC’s Web site after dial-in access only. Procedure: Interested persons may the meeting, at http://healthit.hhs.gov. Name of Committees: HIT Policy present data, information, or views, Procedure: Interested persons may Committee’s Workgroups: Meaningful orally or in writing, on issues pending present data, information, or views, Use, Privacy & Security Tiger Team, before the workgroups. Written orally or in writing, on issues pending Enrollment, Governance, Adoption/ submissions may be made to the contact before the committee. Written Certification, and Information Exchange person on or before two days prior to submissions may be made to the contact workgroups. the workgroup’s meeting date. Oral person on or before December 8, 2010. General Function of the Committee: to comments from the public will be Oral comments from the public will be provide recommendations to the scheduled at the conclusion of each scheduled between approximately 2:30 National Coordinator on a policy workgroup meeting. Time allotted for p.m. to 3 p.m. Time allotted for each framework for the development and each presentation will be limited to presentation is limited to three minutes. adoption of a nationwide health three minutes. If the number of speakers If the number of speakers requesting to information technology infrastructure requesting to comment is greater than comment is greater than can be that permits the electronic exchange and can be reasonably accommodated reasonably accommodated during the use of health information as is during the scheduled open public scheduled open public hearing session, consistent with the Federal Health IT session, ONC will take written ONC will take written comments after Strategic Plan and that includes comments after the meeting until close the meeting until close of business. recommendations on the areas in which of business on that day. Persons attending ONC’s advisory standards, implementation If you require special committee meetings are advised that the specifications, and certification criteria accommodations due to a disability, agency is not responsible for providing are needed. please contact Judy Sparrow at least access to electrical outlets. Date and Time: The HIT Policy seven (7) days in advance of the ONC welcomes the attendance of the Committee Workgroups will hold the meeting. public at its advisory committee following public meetings during ONC is committed to the orderly meetings. Seating is limited at the December 2010: December 3rd Privacy & conduct of its advisory committee location, and ONC will make every Security Tiger Team, 10 a.m. to 12 p.m./ meetings. Please visit our Web site at effort to accommodate persons with ET; December 3rd Meaningful Use http://healthit.hhs.gov for procedures

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on public conduct during advisory Agenda: The workgroups will be discussion is expected to be very committee meetings. discussing issues related to their specific technical in nature and will focus on the Notice of this meeting is given under subject matter, e.g., clinical operations actuarial and economic assumptions the Federal Advisory Committee Act vocabulary standards, implementation and methods by which Trustees might opportunities and challenges, and privacy (Pub. L. 92–463, 5 U.S.C., App. 2). and security standards activities. If more accurately measure health Dated: November 9, 2010. background materials are associated with the spending. Although panelists are not Judith Sparrow, workgroup meetings, they will be posted on limited in the topics they may discuss, ONC’s Web site prior to the meeting at the Panel is not expected to discuss or Office of Programs and Coordination, Office http://healthit.hhs.gov. of the National Coordinator for Health recommend changes in current or future Procedure: Interested persons may present Information Technology. Medicare provider payment rates or data, information, or views, orally or in [FR Doc. 2010–29220 Filed 11–18–10; 8:45 am] coverage policy. This notice also writing, on issues pending before the announces the appointment of nine BILLING CODE 4150–45–P workgroups. Written submissions may be made to the contact person on or before two individuals to serve as members of the days prior to the workgroups’ meeting date. Panel. DEPARTMENT OF HEALTH AND Oral comments from the public will be Meeting Date: November 23, 2010, HUMAN SERVICES scheduled at the conclusion of each 9:30 a.m.–5 p.m. e.d.t. workgroup meeting. Time allotted for each ADDRESSES: The meeting will be held at Office of the National Coordinator for presentation will be limited to three minutes. HHS headquarters at 200 Independence Health Information Technology; HIT; If the number of speakers requesting to Ave., SW., 20201, Room 738G. comment is greater than can be reasonably Comments: The meeting will allocate Standards Committee’s Workgroup accommodated during the scheduled open Meetings; Notice of Meetings public session, ONC will take written time on the agenda to hear public comments after the meeting until close of comments. In lieu of oral comments, AGENCY: Office of the National business on that day. formal written comments may be Coordinator for Health Information If you require special accommodations due submitted for the record to Donald T. Technology, HHS. to a disability, please contact Judy Sparrow Oellerich, OASPE, 200 Independence ACTION: Notice of meetings. at least seven (7) days in advance of the Ave., SW., 20201, Room 405F. Those meeting. submitting written comments should This notice announces forthcoming ONC is committed to the orderly conduct identify themselves and any relevant of its advisory committee meetings. Please subcommittee meetings of a federal organizational affiliations. advisory committee of the Office of the visit our Web site at http://healthit.hhs.gov FOR FURTHER INFORMATION CONTACT: National Coordinator for Health for procedures on public conduct during Information Technology (ONC). The advisory committee meetings. Donald T. Oellerich (202) 690–8410, Notice of this meeting is given under the [email protected]. Note: Although meetings will be open to the public via Federal Advisory Committee Act (Pub. L. 92– dial-in access only. the meeting is open to the public, 463, 5 U.S.C., App. 2). procedures governing security Name of Committees: HIT Standards Dated: November 10, 2010. procedures and the entrance to Federal Committee’s Workgroups: Clinical Judith Sparrow, buildings may change without notice. Operations Vocabulary, Implementation, and Those wishing to attend the meeting Privacy & Security workgroups. Office of Programs and Coordination, Office General Function of the Committee: To of the National Coordinator for Health must call or e-mail Dr. Oellerich by provide recommendations to the National Information Technology. Friday November 19, 2010, so that their Coordinator on standards, implementation [FR Doc. 2010–29221 Filed 11–18–10; 8:45 am] name may be put on a list of expected specifications, and certification criteria for BILLING CODE 4150–45–P attendees and forwarded to the security the electronic exchange and use of health officers at HHS Headquarters. information for purposes of adoption, SUPPLEMENTARY INFORMATION: On July consistent with the implementation of the DEPARTMENT OF HEALTH AND 30, 2010, we published a notice Federal Health IT Strategic Plan, and in HUMAN SERVICES accordance with policies developed by the announcing the establishment and requesting nominations for individuals HIT Policy Committee. Office of the Assistant Secretary for Date and Time: The HIT Standards to serve on the Panel. This notice also Planning and Evaluation; Medicare announces the appointment of nine Committee Workgroups will hold the Program; Meeting of the Technical following public meetings during December individuals to serve as members of the 2010: December 2nd Implementation Advisory Panel on Medicare Trustee Panel. They are: Joseph Newhouse, John Workgroup, 2 p.m. to 3:30 p.m./ET; and Reports Bertko, Barry Bosworth, Michael Clinical Operations Workgroup and AGENCY: Assistant Secretary for Chernew, John Cookson, Uwe Vocabulary Task Force meetings TBD. Reinhardt, Geoffrey Sandler, Louise Location: All workgroup meetings will be Planning and Evaluation, HHS. available via Webcast; visit ACTION: Notice of meeting. Sheiner, and Cori Uccello. http://healthit.hhs.gov for instructions on Topics of the Meeting: The Panel is how to listen via telephone or Web. Please SUMMARY: This notice announces a specifically charged with discussing and check the ONC Web site for additional public meeting of the Technical possibly making recommendations to information as it becomes available. Contact Advisory Panel on Medicare Trustee the Medicare Trustees on how the Person: Judy Sparrow, Office of the National Reports (Panel). Notice of this meeting Trustees might more accurately estimate Coordinator, HHS, 330 C Street, SW., is given under the Federal Advisory the long term rate of health spending in Washington, DC 20201, 202–205–4528, Fax: Committee Act (5 U.S.C. App. 2, section the United States. The discussion is 202–690–6079, e-mail: 10(a)(1) and (a)(2)). The Panel will expected to focus on highly technical [email protected]. Please call the contact discuss the long-term rate of change in aspects of estimation involving person for up-to-date information on these meetings. A notice in the Federal Register health spending and may make economics and actuarial science. about last minute modifications that affect a recommendations to the Medicare Panelists are not restricted, however, in previously announced advisory committee Trustees on how the Trustees might the topics that they choose to discuss. meeting cannot always be published quickly more accurately estimate health Procedure and Agenda: This meeting enough to provide timely notice. spending in the long run. The Panel’s is open to the public. First, the

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appointees will be sworn in by a Federal an update from the Centers for Medicaid estimate or any other aspect of this official. Each Panel member will then be and Medicare Services (CMS) and an collection of information, including any given an opportunity to make a self update on HHS Data Initiatives from the of the following subjects: (1) The introduction. The Panel will likely hear Department. Subcommittees will also necessity and utility of the proposed presentations from HHS staff present their reports. information collection for the proper introducing them to the topic. After any The times shown above are for the full performance of the Agency’s function; presentations, the Commission will Committee meeting. Subcommittee (2) the accuracy of the estimated deliberate openly on the topic. breakout sessions can be scheduled for burden; (3) ways to enhance the quality, Interested persons may observe the late in the afternoon of the first day and utility, and clarity of the information to deliberations, but the Panel will not second day and in the morning prior to be collected; and (4) the use of hear public comments during this time. the full Committee meeting on the automated collection techniques or The Commission will also allow an second day. Agendas for these breakout other forms of information technology to open public session for any attendee to sessions will be posted on the NCVHS minimize the information collection address issues specific to the topic. Web site (URL below) when available. burden. Contact Person for More Information: 1. Type of Information Collection Authority: 42 U.S.C. 217a; Section 222 of Substantive program information as the Public Health Services Act, as amended. Request: Extension of a currently The panel is governed by provisions of well as summaries of meetings and a approved collection; Title of Public Law 92–463, as amended (5 U.S.C. roster of committee members may be Information Collection: Physician Self- Appendix 2), which sets forth standards for obtained from Marjorie S. Greenberg, Referral Exceptions for Electronic the formation and use of advisory Executive Secretary, NCVHS, National Prescribing and Electronic Health committees. Center for Health Statistics, Centers for Records; Form Number: CMS–10207 Dated: November 9, 2010. Disease Control and Prevention, 3311 (OMB#: 0938–1009); Use: Section 101 of Sherry Glied, Toledo Road, Room 2402, Hyattsville, the Medicare Prescription Drug, Maryland 20782, telephone (301) 458– Assistant Secretary for Planning and Improvement, and Modernization Act of Evaluation. 4245. Information also is available on 2003 (MMA) directed the Secretary to the NCVHS home page of the HHS Web [FR Doc. 2010–29215 Filed 11–18–10; 8:45 am] create an exception to the physician site: http://www.ncvhs.hhs.gov/, where BILLING CODE 4151–05–P self-referral prohibition in section 1877 further information including an agenda of the Social Security Act for certain will be posted when available. arrangements in which a physician DEPARTMENT OF HEALTH AND Should you require reasonable receives compensation in the form of HUMAN SERVICES accommodation, please contact the CDC items or services (not including cash or Office of Equal Employment cash equivalents) (‘‘nonmonetary National Committee on Vital and Health Opportunity on (301) 458–4EEO (4336) remuneration’’) that is necessary and Statistics: Meeting as soon as possible. used solely to receive and transmit Dated: November 15, 2010. Pursuant to the Federal Advisory electronic prescription information. Committee Act, the Department of James Scanlon, Also, CMS created a separate regulatory Health and Human Services (HHS) Deputy Assistant Secretary for Planning and exception for certain arrangements announces the following advisory Evaluation—Science and Data Policy, Office involving the provision of nonmonetary of the Assistant Secretary for Planning and remuneration in the form of electronic committee meeting. Evaluation. Name: National Committee on Vital health records software or information [FR Doc. 2010–29216 Filed 11–18–10; 8:45 am] and Health Statistics (NCVHS), Full technology and training services Committee Meeting. BILLING CODE 4151–05–P necessary and used predominantly to Time and Date: December 1, 2010, 9 create, maintain, transmit, or receive a.m.–2:30 p.m., December 2, 2010, 9:30 electronic health records. DEPARTMENT OF HEALTH AND The conditions for both exceptions a.m.–1 p.m. HUMAN SERVICES Place: Marriott Washington Hotel, require that arrangements for the items 1221 22nd Street, NW., Washington, DC Centers for Medicare & Medicaid and services provided must be set forth 20037, (202) 872–1500. Services in a written agreement, be signed by the Status: Open. parties involved, specify the items or Purpose: At this meeting the [Document Identifier: CMS–10207, CMS–R– services being provided and the cost of Committee will hear presentations and 131, CMS–10215, CMS–724, CMS–10227, those items or services, and cover all of and CMS–10244] hold discussions on several health data the electronic prescribing and/or policy topics. On the morning of the Agency Information Collection electronic health records technology to first day the Committee will hear Activities: Submission for OMB be provided by the donating entity. CMS updates from the Department and the Review; Comment Request would use the collected information for Office of the National Coordinator. enforcement purposes; specifically, if There will also be a report on the AGENCY: Centers for Medicare & we were investigating the financial NCVHS Executive Subcommittee’s Medicaid Services, HHS. relationships between the donors and discussion of the Committee’s review In compliance with the requirement the physicians to determine whether the and decision-information flow process. of section 3506(c)(2)(A) of the provisions in the exceptions were met. In the afternoon there will be a Paperwork Reduction Act of 1995, the Frequency: Occasionally; Affected discussion of a letter to the HHS Centers for Medicare & Medicaid Public: Private Sector: Business or other Secretary regarding the quality measures Services (CMS), Department of Health for-profits and Not-for-profit roadmap. and Human Services, is publishing the institutions; Number of Respondents: On the morning of the second day following summary of proposed 9,796; Total Annual Responses: 38,959; there will be a review of the final letter collections for public comment. Total Annual Hours: 12,451.5. . (For to the Secretary regarding the quality Interested persons are invited to send policy questions regarding this measures roadmap. There will also be comments regarding this burden collection contact Kristin Bohl at 410–

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786–8680. For all other issues call 410– Medicaid Psychiatric Hospital Survey quality of care; and (2) Providing 786–1326.) Data; Use: The CMS–724 form is used to effective support and assistance to 2. Type of Information Collection collect data that is not collected States to combat Medicaid fraud, waste, Request: Extension of a currently elsewhere and assists CMS in program and abuse. approved collection; Title of planning and evaluation and in In order to fulfill the second of these Information Collection: Advance maintaining an accurate database on requirements, CMS developed SPIA. Beneficiary Notice of Noncoverage providers participating in the CMS uses SPIA to collect data on State (ABN); Form Number: CMS–R–131 psychiatric hospital program. Form Medicaid program integrity activities, (OMB#: 0938–0566); Use: Under section Number: CMS–724 (OMB#: 0938–0378); develop reports for each State based on 1879 of the Social Security Act, a Frequency: Annually; Affected Public: these data, determine areas to provide physician, provider, practitioner, or Private Sector: Business or other for- States with technical support and supplier of items or services profits and Not-for-profit institutions; assistance, and develop measures to participating in the Medicare program, Number of Respondents: 500; Total assess States’ performance. Form or taking a claim on assignment, may Annual Responses: 150; Total Annual Number: CMS–10244 (OMB#: 0938– bill a Medicare beneficiary for items or Hours: 75. (For policy questions 1033); Frequency: Annually; Affected services usually covered under regarding this collection contact Kelley Public: State, Local, or Tribal Medicare, but denied in an individual Leonette at 410–786–6664. For all other Governments; Number of Respondents: case under one of the several statutory issues call 410–786–1326.) 56; Total Annual Responses: 56; Total exclusions, if they inform the 5. Type of Information Collection Annual Hours: 1,400. (For policy beneficiary, prior to furnishing the Request: Extension of a currently questions regarding this collection service, that Medicare is likely to deny approved collection; Title of contact Mary Jo Cook at 410–786–3231. payment. Sections 42 CFR 411.404(b) Information Collection: PACE State Plan For all other issues call 410–786–1326.) and (c), and 411.408(d)(2) and (f), Amendment Pre-print; Use: The To obtain copies of the supporting require written notice be provided to Balanced Budget Act of 1997 created statement and any related forms for the inform beneficiaries in advance of section 1934 of the Social Security Act proposed paperwork collections potential liability for payment. that established the Program for the All- referenced above, access CMS Web Site Frequency: Once; Affected Public: Inclusive Care for the Elderly (PACE). address at Reporting: Weekly, Monthly, Yearly, The legislation established the PACE http://www.cms.hhs.gov/Paperwork Biennially and Occasionally; Number of program as a Medicaid State plan option ReductionActof1995, or E-mail your Respondents: 1,326,282; Total Annual serving the frail and elderly in the home request, including your address, phone Responses: 43,725,850; Total Annual and community. Pursuant to the notice number, OMB number, and CMS Hours: 5,099,309. (For policy questions given in 64 FR 66271 (November 24, document identifier, to regarding this collection contact Evelyn 1999), if a State elects to offer PACE as [email protected], or call the Blaemire at 410–786–1803. For all other an optional Medicaid benefit, it must Reports Clearance Office on (410) 786– issues call 410–786–1326.) complete a State Plan Amendment 1326. 3. Type of Information Collection described as Enclosures #3, 4, 5, 6 and To be assured consideration, Request: Extension of a currently 7. The information collected is used by comments and recommendations for the approved collection; Title of CMS to affirm that the State elects to proposed information collections must Information Collection: Medicaid offer PACE an optional State plan be received by the OMB desk officer at Payment for Prescription Drugs— service and the specifications of the address below, no later than 5 p.m. Physicians and Hospital Outpatient eligibility, payment and enrollment for on December 20, 2010. OMB, Office of Departments Collecting and Submitting the program. Form Number: CMS–10227 Information and Regulatory Affairs, Drug Identifying Information to State (OMB#: 0938–1027); Frequency: Once; Attention: CMS Desk Officer. Fax Medicaid Programs; Use: Section 6002 Affected Public: State, Local, or Tribal Number: (202) 395–6974. E-mail: of the Deficit Reduction Act (DRA) of Governments; Number of Respondents: [email protected]. 2005 added provisions under section 36; Total Annual Responses: 12; Total 1927 of the Social Security Act to Annual Hours: 240. (For policy Dated: November 12, 2010. require physicians in their offices and questions regarding this collection Michelle Shortt, hospital outpatient settings or other contact Angela Taube at 410–786–2638. Director, Regulations Development Group, entities (e.g., non-profit facilities) to For all other issues call 410–786–1326.) Office of Strategic Operations and Regulatory collect and submit the drug National 6. Type of Information Collection Affairs. Drug Code (NDC) numbers on Medicaid Request: Extension of a currently [FR Doc. 2010–29074 Filed 11–18–10; 8:45 am] claims to their State in order for Federal approved collection; Title of BILLING CODE 4120–01–P Financial Participation to be available Information Collection: Medicaid State for these drugs. Form Number: CMS– Program Integrity Assessment (SPIA); 10215 (OMB#: 0938–1026); Frequency: Use: Under the provisions of the Deficit DEPARTMENT OF HEALTH AND Weekly; Affected Public: Private Sector: Reduction Act (DRA) of 2005, the HUMAN SERVICES Business or other for-profits and Not- Congress directed CMS to establish the for-profit institutions; Number of Medicaid Integrity Program (MIP), CMS’ Centers for Medicare & Medicaid Respondents: 20,000; Total Annual first national strategy to combat Services Responses: 3,910,000; Total Annual Medicaid fraud, waste, and abuse. CMS Hours: 15,836. (For policy questions has two broad responsibilities under the [Document Identifier: CMS–10334 and CMS– 10339] regarding this collection contact MIP: (1) Reviewing the actions of Bernadette Leeds at 410–786–9463. For individuals or entities providing Agency Information Collection all other issues call 410–786–1326.) services or furnishing items under Activities: Proposed Collection; 4. Type of Information Collection Medicaid; conducting audits of claims Comment Request Request: Extension of a currently submitted for payment; identifying approved collection; Title of overpayments; and educating providers AGENCY: Centers for Medicare & Information Collection: Medicare/ and others on payment integrity and Medicaid Services, HHS.

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In compliance with the requirement (OMB#: 0938–1095); Frequency: Once; ReductionActof1995, or E-mail your of section 3506(c)(2)(A) of the Affected Public: Individuals and request, including your address, phone Paperwork Reduction Act of 1995, the households; Number of Respondents: number, OMB number, and CMS Centers for Medicare & Medicaid 100,000; Total Annual Responses: document identifier, to Paperwork@ Services (CMS) is publishing the 100,000; Total Annual Hours: 92,000. cms.hhs.gov, or call the Reports following summary of proposed (For policy questions regarding this Clearance Office on (410) 786–1326. collections for public comment. collection contact Laura Dash at 410– In commenting on the proposed Interested persons are invited to send 786–8623. For all other issues call 410– information collections please reference comments regarding this burden 786–1326.) the document identifier or OMB control estimate or any other aspect of this 2. Type of Information Collection number. To be assured consideration, collection of information, including any Request: Extension of a currently comments and recommendations must of the following subjects: (1) The approved collection; Title of be submitted in one of the following necessity and utility of the proposed Information Collection: Pre-Existing ways by January 18, 2011: information collection for the proper Health Insurance Plan and Supporting 1. Electronically. You may submit performance of the agency’s functions; Regulations; Use: The Department of your comments electronically to (2) the accuracy of the estimated Health and Human Services (HHS) is http://www.regulations.gov. Follow the burden; (3) ways to enhance the quality, requesting an extension of this instructions for ‘‘Comment or utility, and clarity of the information to information collection request by the Submission’’ or ‘‘More Search Options’’ be collected; and (4) the use of Office of Management and Budget to find the information collection automated collection techniques or (OMB). This information collection document(s) accepting comments. other forms of information technology to request originally received OMB 2. By regular mail. You may mail minimize the information collection approval on 7/26/2010. HHS is now written comments to the following burden. seeking a three-year approval for this address: CMS, Office of Strategic 1. Type of Information Collection collection. On March 23, 2010, the Operations and Regulatory Affairs, Request: Extension of a currently President signed into law H.R. 3590, the Division of Regulations Development, approved collection; Title of Patient Protection and Affordable Care Attention: Document Identifier/OMB Information Collection: Enrollment Act (Affordable Care Act), Public Law Control Number Room C4–26–05, 7500 Application for Coverage in the Pre- 111–148. Section 1101 of the law Security Boulevard, Baltimore, Existing Condition Insurance Plan; Use: establishes a ‘‘temporary high risk health Maryland 21244–1850. The Department of Health and Human insurance pool program’’ (which has Services (HHS) is requesting an been named the Pre-Existing Condition Dated: November 16, 2010. extension of this information collection Insurance Plan, or PCIP) to provide Martique Jones, request by the Office of Management health insurance coverage to currently Director, Regulations Development Group and Budget (OMB). This information uninsured individuals with pre-existing Division-B, Office of Strategic Operations and collection request originally received conditions. The law authorizes HHS to Regulatory Affairs. OMB approval on 6/29/2010. HHS is carry out the program directly or [FR Doc. 2010–29253 Filed 11–18–10; 8:45 am] now seeking a three-year approval for through contracts with states or private, BILLING CODE 4120–01–P this collection. On March 23, 2010, the non-profit entities. President signed into law H.R. 3590, the We are requesting an extension for Patient Protection and Affordable Care this package because this information is DEPARTMENT OF HEALTH AND Act (Affordable Care Act), Public Law needed to assure that PCIP programs are HUMAN SERVICES 111–148. Section 1101 of the law established timely and effectively. This establishes a ‘‘temporary high risk health request is being made based on Centers for Medicare and Medicaid insurance pool program’’ (which has regulations that have been issued and Services been named the Pre-Existing Condition contracts which have been executed by [Document Identifier: CMS–10356] Insurance Plan, or PCIP) to provide HHS with States or an entity on their health insurance coverage to currently behalf participating in the PCIP Emergency Clearance: Public uninsured individuals with pre-existing program. PCIP is also referred to as the Information Collection Requirements conditions. temporary qualified high risk insurance Submitted to the Office of Management In order for individuals to be pool program, as it is called in the and Budget (OMB) considered for eligibility into the Affordable Care Act, but we have federally-run PCIP program, they must adopted the term PCIP to better describe AGENCY: Center for Medicare and submit a completed enrollment the program and avoid confusion with Medicaid Services, HHS. application to HHS. The enrollment the existing state high risk pool In compliance with the requirement application is used by HHS or its programs. Form Number: CMS–10339 of section 3506(c)(2)(A) of the designee to obtain information from (OMB#: 0938–1100); Frequency: Paperwork Reduction Act of 1995, the potentially eligible individuals applying Reporting—On occasion; Affected Centers for Medicare and Medicaid for coverage in the PCIP program. PCIP Public: State governments; Number of Services (CMS), Department of Health is also referred to as the temporary Respondents: 51; Total Annual and Human Services, is publishing the qualified high risk insurance pool Responses: 2,652; Total Annual Hours: following summary of proposed program, as it is called in the Affordable 36,924. (For policy questions regarding collections for public comment. Care Act, but we have adopted the term this collection contact Laura Dash at Interested persons are invited to send PCIP to better describe the program and 410–786–8623. For all other issues call comments regarding this burden avoid confusion with the existing state 410–786–1326.) estimate or any other aspect of this high risk pool programs. The data To obtain copies of the supporting collection of information, including any collection will be used by HHS to obtain statement and any related forms for the of the following subjects: (1) The information from potential eligible proposed paperwork collections necessity and utility of the proposed individuals applying for coverage in the referenced above, access CMS’ Web Site information collection for the proper PCIP. Form Number: CMS–10334 at http://www.cms.hhs.gov/Paperwork performance of the agency’s functions;

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(2) the accuracy of the estimated field work, varying in their approach to Officer, Fax Number: (202) 395–6974, E- burden; (3) ways to enhance the quality, health care delivery and the extent to mail: [email protected]. utility, and clarity of the information to which they are directly involved in the Dated: November 16, 2010. be collected; and (4) the use of coordination of care for vulnerable Martique Jones, automated collection techniques or populations. Lessons learned, to include other forms of information technology to Director, Regulations Development Group— critical challenges and success factors, Division B, Office of Strategic Operations and minimize the information collection will be used to inform the pressing work Regulatory Affairs. burden. of the FCHCO to support initiatives and [FR Doc. 2010–29252 Filed 11–18–10; 8:45 am] We are, however, requesting an policies that improve care coordination emergency review of the information for duals, as well as other priorities BILLING CODE 4120–01–P collection referenced below. In outlined in the ACA. Form Number: compliance with the requirement of CMS–10356 (OMB#: 0938–New); DEPARTMENT OF HEALTH AND section 3506(c)(2)(A) of the Paperwork Frequency: Once; Affected Public: HUMAN SERVICES Reduction Act of 1995, we have Individuals or Households; Number of submitted to the Office of Management Respondents: 368; Total Annual Centers for Disease Control and and Budget (OMB) the following Responses: 368; Total Annual Hours: Prevention requirements for emergency review. In 494. (For policy questions regarding this accordance with 5 CFR 1320.13, we are collection contact John Oswald at 202– [30Day–11–10ES] requesting an emergency review to 260–0835. For all other issues call 410– ensure compliance with an initiative of 786–1326.) Agency Forms Undergoing Paperwork the Administration. CMS is requesting OMB review and Reduction Act Review 1. Type of Information Collection approval of this collection by December Request: New collection; Title of The Centers for Disease Control and 29, 2010, with a 180-day approval Prevention (CDC) publishes a list of Information Collection: Evaluation of period. Written comments and Practice Models for Dual Eligibles and information collection requests under recommendations will be considered review by the Office of Management and Medicare Beneficiaries with Serious from the public if received by the Chronic Conditions Use: The Affordable Budget (OMB) in compliance with the individuals designated below by Paperwork Reduction Act (44 U.S.C. Care Act (ACA) established the Federal December 20, 2010. Coordinated Health Care Office Chapter 35). To request a copy of these To obtain copies of the supporting (FCHCO) to more effectively integrate requests, call the CDC Reports Clearance statement and any related forms for the benefits under Medicare and Medicaid Officer at (404) 639–5960 or send an proposed paperwork collections and improve Federal and State e-mail to [email protected]. Send written referenced above, access CMS’ Web Site coordination for dual-eligible comments to CDC Desk Officer, Office of address at beneficiaries (duals). Duals are among Management and Budget, Washington, the most vulnerable beneficiaries—most http://www.cms.hhs.gov/regulations/pra DC or by fax to (202) 395–5806. Written face multiple and severe chronic or E-mail your request, including your comments should be received within 30 conditions that require complex and address, phone number, OMB number, days of this notice. and CMS document identifier, to intense care—and because they receive Proposed Project both Medicare and Medicaid coverage, [email protected], or call the they must navigate two separate health Reports Clearance Office on (410) 786– Data Calls for the Laboratory care programs, often leading to 1326. Response Network—Existing collection fragmented, inefficient, and costly care. Interested persons are invited to send in use without an OMB Control Number The Centers for Medicare & Medicaid comments regarding the burden or any (Generic Clearance)—National Center Services (CMS) Office of Policy (OP) has other aspect of these collections of for Emerging and Zoonotic Infectious contracted L&M Policy Research and its information requirements. However, as Diseases, NCEZID, Centers for Disease partner Thomson Reuters to explore noted above, comments on these Control and Prevention (CDC). information collection and variations in patterns of care and best Background and Brief Description practices for duals and other Medicare recordkeeping requirements must be beneficiaries with complex health mailed and/or faxed to the designees This request is for approval of an needs. referenced below by December 20, 2010. Existing collection in use without an This project comprises qualitative 1. Electronically. You may submit OMB Control Number (Generic information-gathering through open- your comments electronically to clearance). ended, in-person discussions with http://www.regulations.gov. Follow the The Laboratory Response Network providers, local health care and instructions for ‘‘Comment or (LRN) was established by the community leaders, patient advocates, Submission’’ or ‘‘More Search Options’’ Department of Health and Human and professionals involved in to find the information collection Services, Centers for Disease Control implementing care coordination document(s) accepting comments. and Prevention (CDC) in accordance initiatives. To determine factors 2. By regular mail. You may mail with Presidential Decision Directive 39, associated with high quality and cost written comments to the following which outlined national anti-terrorism effective care as well as better address: CMS, Office of Strategic policies and assigned specific missions understand the barriers to delivering it, Operations and Regulatory Affairs, to federal departments and agencies. the research team will hold in-person Division of Regulations Development, The LRN’s mission is to maintain an discussions during visits to 16 hospital Attention: Document Identifier/OMB integrated national and international referral regions (HRRs). In two of these Control Number, Room C4–26–05, 7500 network of laboratories that can respond HRRs, there will be a particular focus on Security Boulevard, Baltimore, to acts of biological, chemical, or the role of the Program for All-Inclusive Maryland 21244–1850. radiological terrorism and other public Care for the Elderly (PACE). Many 3. By Facsimile or E-mail to OMB. health emergencies. Federal, state and different organizations and types of OMB, Office of Information and local public health laboratories programs will be explored during this Regulatory Affairs, Attention: CMS Desk voluntarily join the LRN.

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The LRN Program Office maintains a emergency response the LRN Program support an emerging threat like H1N1. database of information through a Office may conduct a Special Data Call As technology changes, LRN may also restricted Web site available only to to obtain additional information from query laboratories to see if they have member laboratories that include LRN Member Laboratories in regards to already purchased equipment to support contact information (i.e. phone biological or chemical terrorism this new technology. numbers, e-mail address) as well as staff preparedness. Special Data Calls may be There will be no cost to respondents and equipment inventories. The conducted via queries that are collection of personal identifiable distributed by broadcast e-mails or by other than their time to respond to the information for the purpose of survey tools (i.e. Survey Monkey). These data call. The total annualized burden communication with members was special data calls vary in nature. Some for this information collection request is approved under OMB 0920–0850. requested information may be the 400 hours. However, semiannually or during number of surge staff available to

ESTIMATE OF ANNUALIZED BURDEN HOURS

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

Public Health Laboratorians ...... Special Data Call ...... 200 4 30/60

Dated: November 15, 2010. Information Collection: Consumer Individuals and Households; Number of Carol Walker, Research on Public Reporting of Respondents: 248; Total Annual Acting Reports Clearance Officer, Centers for Hospital Outpatient Measures; Use: One Responses: 248; Total Annual Hours: Disease Control and Prevention. of the primary missions of CMS is to 241. (For policy questions regarding this [FR Doc. 2010–29240 Filed 11–18–10; 8:45 am] improve the quality and efficiency of collection contact David Miranda at BILLING CODE 4163–18–P care in the Fee-for-Service (FFS) 410–786–7819. For all other issues call program. One of the several vehicles 410–786–1326.) used for this mission is the public 2. Type of Information Collection DEPARTMENT OF HEALTH AND reporting of quality, efficiency and cost Request: Revision of currently approved HUMAN SERVICES information about hospital care on the collection; Title of Information Hospital Compare Web site. This Collection: Medicare Authorization to Centers for Medicare & Medicaid vehicle also serves to provide Medicare Disclose Personal Health Information; Services beneficiaries and other consumers with Use: Unless permitted or required by [Document Identifier: CMS–10360 and CMS– the type of data needed to make law, the Health Insurance Portability 10106] informed decisions about which and Accountability Act (HIPAA) providers to use for their care. prohibits Medicare (a HIPAA covered Agency Information Collection In 2001, the Department of Health and entity) from disclosing an individual’s Activities: Proposed Collection; Human Services (DHHS) announced the protected health information without a Comment Request Quality Initiative to ensure the quality valid authorization. In order to be valid, AGENCY: Centers for Medicare & of health care for all Americans through an authorization must include specified Medicaid Services, HHS. accountability and public disclosure. core elements and statements. Medicare In compliance with the requirement The goals of the initiative are to will make available to Medicare of section 3506(c)(2)(A) of the empower consumers with quality-of- beneficiaries a standard, valid Paperwork Reduction Act of 1995, the care information so they can make more authorization to enable beneficiaries to Centers for Medicare & Medicaid informed decisions about their health request the disclosure of their protected Services (CMS) is publishing the care and to stimulate and support health information. This standard following summary of proposed providers and clinicians to improve the authorization will simplify the process collections for public comment. quality of health care. As part of the of requesting information disclosure for Interested persons are invited to send DHHS Transparency Initiative on beneficiaries and minimize the response comments regarding this burden Quality Reporting, CMS plans to add time for Medicare. The completed estimate or any other aspect of this new patient safety measures in the areas authorization will allow Medicare to collection of information, including any of hospital acquired conditions and disclose an individual’s personal health of the following subjects: (1) The healthcare associated infections, to the information to a third party at the necessity and utility of the proposed Hospital Compare Web site in 2011. individual’s request. Form Number: information collection for the proper CMS also intends to begin utilizing CMS–10106 (OMB#: 0938–0930); performance of the agency’s functions; displays of composite measures Frequency: Reporting—On occasion; (2) the accuracy of the estimated summarizing both process and outcome Affected Public: Individuals or burden; (3) ways to enhance the quality, measures. This information collection households; Number of Respondents: utility, and clarity of the information to request covers consumer research on 1,004,000; Total Annual Responses: be collected; and (4) the use of displays, labels, and explanatory 1,004,000; Total Annual Hours: 251,000. automated collection techniques or language to insure that the Web site is (For policy questions regarding this other forms of information technology to understood by viewers in a manner collection contact Lindsay Dixon-Brown minimize the information collection consistent with CMS’s intended at 410–786–1178. For all other issues burden. communication message. Form Number: call 410–786–1326.) 1. Type of Information Collection CMS–10360 (OMB#: 0938–New); To obtain copies of the supporting Request: New collection; Title of Frequency: Once; Affected Public: statement and any related forms for the

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proposed paperwork collections Dated: November 12, 2010. Opportunity Number HHS–201–ACF– referenced above, access CMS’ Web Site Michelle Shortt, OHS–ST–0120) at http://www.cms.hhs.gov/Paperwork Director, Regulations Development Group, The study will describe the range of ReductionActof1995, or E-mail your Office of Strategic Operations and Regulatory approaches being used by the grantees, request, including your address, phone Affairs. including descriptions of the role of the number, OMB number, and CMS [FR Doc. 2010–29076 Filed 11–18–10; 8:45 am] mentor coach within the grantee agency; document identifier, to Paperwork@ BILLING CODE 4120–01–P the types of teachers and caregivers with cms.hhs.gov, or call the Reports whom the mentor coaches are working; Clearance Office on (410) 786–1326. the quality, frequency and content of DEPARTMENT OF HEALTH AND interactions between the mentor In commenting on the proposed HUMAN SERVICES coaches and teachers and caregivers; information collections please reference and the types of approaches and the document identifier or OMB control Administration for Children and resources used by the mentor coaches. number. To be assured consideration, Families The study will also examine the comments and recommendations must characteristics of the settings and the Proposed Information Collection be submitted in one of the following systems in which the mentor coaching Activity; Comment Request ways by January 18, 2011: is embedded. Finally the study will 1. Electronically. You may submit Title: Evaluation of Head Start Early examine the degree to which the your comments electronically to Learning Mentor Coach Initiative. approach used by grantees and mentor http://www.regulations.gov. Follow the OMB No.: New Collection. coaches and the fit between the two— instructions for ‘‘Comment or Billing Accounting Code (BAC): relate to factors likely to affect the Submission’’ or ‘‘More Search Options’’ 418422 (CAN G994426). success of the mentor coach’s efforts, to find the information collection Description: The Administration for such as the quality of relationships with document(s) accepting comments. Children and Families is requesting teachers and caregivers or changes in comments on plans to collect teacher or caregiver approaches and 2. By regular mail. You may mail information as part of an attitudes about caring for young written comments to the following implementation evaluation of the Head children over time. address: CMS, Office of Strategic Start Early Learning Mentor-Coach The data collection will include a Operations and Regulatory Affairs, Initiative. The study will collect survey of the grantees, telephone Division of Regulations Development, information necessary for understanding interviews with mentor coaches and Attention: Document Identifier/OMB the methods and approaches being used teachers, and the collection of monthly Control Number, Room C4–26–05, 7500 by Head Start grantees who were tracking data indicating the frequency Security Boulevard, Baltimore, awarded funds under the American and content of mentors’ contact with Maryland 21244–1850. Recovery and Reinvestment Act of each teacher. 2009—Early Learning Mentor Coach Respondents: Individuals or funding announcement (Funding Households, Grantees.

ANNUAL BURDEN ESTIMATES

Annual Number of Average Instrument number of responses per burden hours Total annual respondents respondent per response burden hours

Grantee Survey ...... 131 1 .5 66 Mentor Coach Interview ...... 131 2 .5 131 Teacher Interview ...... 262 2 .5 262 Mentor Coach Contact Tracking sheet ...... 131 12 .2 314

Estimated Total Annual Burden requests should be identified by the title comments and suggestions submitted Hours: 773. of the information collection. within 60 days of this publication. In compliance with the requirements The Department specifically requests Dated: November 12, 2010. of Section 3506(c)(2)(A) of the comments on (a) whether the proposed Steven M. Hanmer, Paperwork Reduction Act of 1995, the collection of information is necessary Reports Clearance Officer. Administration for Children and for the proper performance of the [FR Doc. 2010–29071 Filed 11–18–10; 8:45 am] Families is soliciting public comment functions of the agency, including BILLING CODE 4184–01–M on the specific aspects of the whether the information shall have information collection described above. practical utility; (b) the accuracy of the Copies of the proposed collection of agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND information can be obtained and proposed collection of information; (c) HUMAN SERVICES comments may be forwarded by writing the quality, utility, and clarity of the to the Administration for Children and information to be collected; and (d) Administration for Children and Families, Office of Planning, Research ways to minimize the burden of the Families and Evaluation, 370 L’Enfant collection of information on Promenade, SW., Washington, DC respondents, including through the use Proposed Information Collection 20447, Attn: OPRE Reports Clearance of automated collection techniques or Activity; Comment Request Officer. E-mail address: other forms of information technology. [email protected]. All Consideration will be given to Proposed Projects:

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Title: ACF Program Instruction: child sexual abuse and exploitation, in in Public Law 108–36 at Sections 107(b) Children’s Justice Act. a manner that limits additional trauma and 107(d), and pursuant to receiving a OMB No.: 0980–0196. to the child victim; (2) the handling of grant award. The information being Description: The Program Instruction, cases of suspected child abuse or collected is required by statute to be prepared in response to the enactment neglect-related fatalities; (3) the submitted pursuant to receiving a grant of the Childrens Justice Act (CJA), as set investigation and prosecution of cases of award. The information submitted will forth in Title II of Public Law 108–36, child abuse and neglect, particularly be used by the agency to ensure Child Abuse Prevention and Treatment child sexual abuse and exploitation; and compliance with the statute; to monitor, Act Amendments of 2003, provides (4) the handling of cases involving evaluate and measure grantee direction to the States and Territories to accomplish the purposes of assisting children with disabilities or serious achievements in addressing the States in developing, establishing and health-related problems who are victims investigation and prosecution of child operating programs designed to of abuse and neglect. This Program abuse and neglect; and to report to improve: (1) The handling of child Instruction contains information Congress. abuse and neglect cases, particularly collection requirements that are found Respondents: State Governments.

ANNUAL BURDEN ESTIMATES

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

Application & Annual Report ...... 52 1 60 3,120

Estimated Total Annual Burden Dated: November 16, 2010. Dated: November 9, 2010. Hours: 3,120. Robert Sargis, Kathleen Sebelius, In compliance with the requirements Reports Clearance Officer. Secretary. of Section 506(c)(2)(A) of the Paperwork [FR Doc. 2010–29189 Filed 11–18–10; 8:45 am] [FR Doc. 2010–29150 Filed 11–18–10; 8:45 am] Reduction Act of 1995, the BILLING CODE 4184–01–P BILLING CODE 4140–01–P Administration for Children and Families is soliciting public comment DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND on the specific aspects of the HUMAN SERVICES information collection described above. HUMAN SERVICES Copies of the proposed collection of Food and Drug Administration information can be obtained and Food and Drug Administration [Docket No. FDA–2010–N–0001] comments may be forwarded by writing Office of the Secretary to the Administration for Children and Joint Meeting of the Anesthetic and Families, Office of Administration, Office of the Commissioner of Food Life Support Drugs Advisory Office of Information Services, 370 and Drugs; Delegation of Authority Committee and the Drug Safety and L’Enfant Promenade, SW., Washington, Risk Management Advisory DC 20447, Attn: ACF Reports Clearance Notice is hereby given that I have Committee; Cancellation Officer. E-mail address: delegated to the Commissioner of Food AGENCY: Food and Drug Administration, [email protected]. All requests and Drugs the authorities vested in the HHS. should be identified by the title of the Secretary of Health and Human Services ACTION: Notice. information collection. under section 4 of the Federal Cigarette The Department specifically requests Labeling and Advertising Act SUMMARY: The Joint Meeting of the comments on: (a) Whether the proposed (FCLAA)(15 U.S.C. 1333), as amended Anesthetic and Life Support Drugs collection of information is necessary by the Family Smoking Prevention and Advisory Committee and the Drug for the proper performance of the Tobacco Control Act (Tobacco Control Safety and Risk Management Advisory functions of the agency, including Act). Committee scheduled for December 2, whether the information shall have 2010, is cancelled. This meeting was These authorities may be redelegated. announced in the Federal Register of practical utility; (b) the accuracy of the These authorities shall be exercised November 1, 2010 (75 FR 67093). This agency’s estimate of the burden of the under the Department’s policy on meeting has been cancelled because the proposed collection of information; (c) regulations and the existing delegation Agency believes the information the quality, utility, and clarity of the of authority to approve and issue received from previous advisory information to be collected; and (d) regulations. committee meetings is adequate to allow ways to minimize the burden of the I hereby ratify and affirm any actions the Agency to address the specific collection of information on concerns in the application that were respondents, including through the use taken by the Commissioner of Food and Drugs, or other FDA officials, which delineated in the Federal Register of automated collection techniques or notice of November 1, 2010. involved the exercise of the authorities other forms of information technology. FOR FURTHER INFORMATION CONTACT: Consideration will be given to delegated herein prior to the effective date of this delegation. This delegation Kalyani Bhatt, Center for Drug comments and suggestions submitted Evaluation and Research, Food and is effective upon date of signature. within 60 days of this publication. Drug Administration, 10903 New Hampshire Ave., Bldg. 31, rm. 2417,

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Silver Spring, MD 20993–0002, 301– [email protected], or FDA number of registrants requesting to 796–9001, FAX: 301–847–8533, e-mail: Advisory Committee Information Line, speak is greater than can be reasonably [email protected], or FDA 1–800–741–8138 (301–443–0572 in the accommodated during the scheduled Advisory Committee Information Line, Washington, DC area), code open public hearing session, FDA may 1–800–741–8138 (301–443–0572 in the 3014512533. Please call the Information conduct a lottery to determine the Washington, DC area), codes Line for up-to-date information on this speakers for the scheduled open public 3014512529 or 3014512535. Please call meeting. A notice in the Federal hearing session. The contact person will the Information Line for up-to-date Register about last minute modifications notify interested persons regarding their information on this meeting. that impact a previously announced request to speak by November 30, 2010. Dated: November 15, 2010. advisory committee meeting cannot Closed Presentation of Data: On always be published quickly enough to December 8, 2010, from 12:30 p.m. to Joanne Less, provide timely notice. Therefore, you 3:30 p.m., the meeting will be closed to Acting Associate Commissioner for Special should always check the Agency’s Web Medical Programs. permit discussion and review of trade site and call the appropriate advisory secret and/or confidential commercial [FR Doc. 2010–29280 Filed 11–18–10; 8:45 am] committee hot line/phone line to learn information (5 U.S.C. 552b(c)(4)). BILLING CODE 4160–01–P about possible modifications before Persons attending FDA’s advisory coming to the meeting. committee meetings are advised that the Agenda: On December 8, 2010, from DEPARTMENT OF HEALTH AND agency is not responsible for providing 8 a.m. to 11:30 a.m., the committee will HUMAN SERVICES access to electrical outlets. discuss and provide general advice on FDA welcomes the attendance of the Food and Drug Administration the appropriate clinical study design for public at its advisory committee thromboxane receptor antagonists for meetings and will make every effort to [Docket No. FDA–2010–N–0001] prevention of cardiovascular events accommodate persons with physical (such as heart attacks) in patients with disabilities or special needs. If you Cardiovascular and Renal Drugs aspirin intolerance due to require special accommodations due to Advisory Committee; Notice of Meeting immunologically-based adverse a disability, please contact Elaine AGENCY: Food and Drug Administration, reactions (adverse events related to Ferguson at least 7 days in advance of HHS. immune system function), specifically the meeting. ACTION: Notice. in the setting of coronary artery bypass FDA is committed to the orderly grafting (also referred to as ‘‘heart bypass conduct of its advisory committee This notice announces a forthcoming surgery’’). meetings. Please visit our Web site at meeting of a public advisory committee FDA intends to make background http://www.fda.gov/Advisory of the Food and Drug Administration material available to the public no later Committees/AboutAdvisory (FDA). At least one portion of the than 2 business days before the meeting. Committees/ucm111462.htm for meeting will be closed to the public. If FDA is unable to post the background procedures on public conduct during Name of Committee: Cardiovascular material on its Web site prior to the advisory committee meetings. and Renal Drugs Advisory Committee. meeting, the background material will Notice of this meeting is given under General Function of the Committees: be made publicly available at the the Federal Advisory Committee Act (5 To provide advice and location of the advisory committee U.S.C. app. 2). recommendations to the Agency on meeting, and the background material FDA’s regulatory issues. will be posted on FDA’s Web site after Dated: November 15, 2010. Date and Time: The meeting will be the meeting. Background material is Joanne Less, held on December 8, 2010, from 8 a.m. available at Acting Associate Commissioner for Special to 3:30 p.m. http://www.fda.gov/Advisory Medical Programs. Location: FDA White Oak Campus, Committees/Calendar/default.htm. [FR Doc. 2010–29278 Filed 11–18–10; 8:45 am] Building 31, the Great Room, White Oak Scroll down to the appropriate advisory BILLING CODE 4160–01–P Conference Center, Rm. 1503, 10903 committee link. New Hampshire Ave., Silver Spring, MD Procedure: On December 8, 2010, 20993–0002. Information regarding from 8 a.m. to 11:30 a.m., the meeting DEPARTMENT OF HEALTH AND special accommodations due to a is open to the public. Interested persons HUMAN SERVICES disability, visitor parking and may present data, information, or views, transportation may be accessed at: http: orally or in writing, on issues pending National Institutes of Health //www.fda.gov/Advisory before the committee. Written Center for Scientific Review; Notice of Committees/default.htm; under the submissions may be made to the contact Closed Meetings heading ‘‘Resources for You’’, click on person on or before December 6, 2010. ‘‘White Oak Conference Center Parking Oral presentations from the public will Pursuant to section 10(d) of the and Transportation Information for FDA be scheduled between approximately 10 Federal Advisory Committee Act, as Advisory Committee Meetings’’. Please a.m. and 11 a.m. Those individuals amended (5 U.S.C. App.), notice is note that visitors to the White Oak interested in making formal oral hereby given of the following meetings. Campus must have a valid driver’s presentations should notify the contact The meetings will be closed to the license or other picture ID, and must person and submit a brief statement of public in accordance with the enter through Building 1. the general nature of the evidence or provisions set forth in sections Contact Person: Elaine Ferguson, arguments they wish to present, the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Center for Drug Evaluation and names and addresses of proposed as amended. The grant applications and Research, Food and Drug participants, and an indication of the the discussions could disclose Administration, 10903 New Hampshire approximate time requested to make confidential trade secrets or commercial Ave., Bldg. 31, Rm. 2417, Silver Spring, their presentation on or before property such as patentable material, MD 20993–0002, 301–796–9001, FAX: November 29, 2010. Time allotted for and personal information concerning 301–847–8533, e-mail: each presentation may be limited. If the individuals associated with the grant

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applications, the disclosure of which as amended. The grant applications and perform may be directed to the U.S. would constitute a clearly unwarranted the discussions could disclose Customs and Border Protection by invasion of personal privacy. confidential trade secrets or commercial calling (202) 344–1060. The inquiry may Name of Committee: Center for Scientific property such as patentable material, also be sent to [email protected]. Review Special Emphasis Panel; Member and personal information concerning Please reference the Web site listed Conflict: Cell Biology. individuals associated with the grant below for a complete listing of CBP Date: November 24, 2010. applications, the disclosure of which approved gaugers and accredited Time: 11 a.m. to 1 p.m. would constitute a clearly unwarranted laboratories. http://cbp.gov/xp/cgov/ Agenda: To review and evaluate grant invasion of personal privacy. import/operations_support/ applications. labs_scientific_ Place: National Institutes of Health, 6701 Name of Committee: National Center for _ Rockledge Drive, Bethesda, MD 20892. Research Resources Special Emphasis Panel. svcs/commercial gaugers/. (Telephone Conference Call). Date: February 1, 2011. DATES: The accreditation of SEA, Ltd., Contact Person: Noni Byrnes, PhD, Time: 12 p.m. to 2 p.m. as commercial laboratory became Scientific Review Officer, Center for Agenda: To review and evaluate grant effective on June 22, 2010. The next Scientific Review, National Institutes of applications. triennial inspection date will be Health, 6701 Rockledge Drive, Room 5130, Place: National Institutes of Health, NCRR/ scheduled for June 2013. MSC 7840, Bethesda, MD 20892. (301)–435– OR, Democracy I, 6701 Democracy Blvd., FOR FURTHER INFORMATION CONTACT: 1023. [email protected] 1066, Bethesda, MD 20892. (Telephone Anthony Malana, Laboratories and This notice is being published less than Conference Call). 15 days prior to the meeting due to the Contact Person: Bonnie Dunn, PhD, Scientific Services, U.S. Customs and Scientific Review Officer, Office of Review, timing limitations imposed by the review and Border Protection, 1300 Pennsylvania National Center for Research Resources, funding cycle. Avenue, NW., Suite 1500N, National Institutes of Health, 6705 Name of Committee: Center for Scientific Washington, DC 20229, 202–344–1060. Democracy Blvd., Dem. 1, Room 1074, MSC Review Special Emphasis Panel; Cardiac/ 4874, Bethesda, MD 20892–4874. 301–435– Dated: November 8, 2010. cardiovascular Signaling. 0824. [email protected]. Ira S. Reese, Date: November 30, 2010. Time: 2:30 p.m. to 4:30 p.m. (Catalogue of Federal Domestic Assistance Executive Director, Laboratories and Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Scientific Services. applications. 93.333, Clinical Research; 93.371, Biomedical [FR Doc. 2010–29177 Filed 11–18–10; 8:45 am] Technology; 93.389, Research Infrastructure, Place: National Institutes of Health, 6701 BILLING CODE 9111–14–P Rockledge Drive, Bethesda, MD 20892. 93.306, 93.333; 93.702, ARRA Related (Telephone Conference Call). Construction Awards., National Institutes of Health, HHS) Contact Person: Russell T Dowell, PhD, DEPARTMENT OF HOMELAND Scientific Review Officer, Center for Dated: November 15, 2010. SECURITY Scientific Review, National Institutes of Jennifer S. Spaeth, Health, 6701 Rockledge Drive, Room 4128, Director, Office of Federal Advisory U.S. Customs and Border Protection MSC 7814, Bethesda, MD 20892. (301) 435– Committee Policy. 1850. [email protected]. Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger This notice is being published less than 15 [FR Doc. 2010–29197 Filed 11–18–10; 8:45 am] days prior to the meeting due to the timing BILLING CODE 4140–01–P and Laboratory limitations imposed by the review and AGENCY: U.S. Customs and Border funding cycle. Protection, Department of Homeland (Catalogue of Federal Domestic Assistance DEPARTMENT OF HOMELAND Security. Program Nos. 93.306, Comparative Medicine; SECURITY ACTION: 93.333, Clinical Research, 93.306, 93.333, Notice of accreditation and 93.337, 93.393–93.396, 93.837–93.844, Customs and Border Protection approval of Intertek USA, Inc., as a 93.846–93.878, 93.892, 93.893, National commercial gauger and laboratory. Institutes of Health, HHS) Accreditation of SEA, Ltd., as a SUMMARY: Notice is hereby given that, Commercial Laboratory Dated: November 15, 2010. pursuant to 19 CFR 151.12 and 19 CFR Jennifer S. Spaeth, AGENCY: U.S. Customs and Border 151.13, Intertek USA, Inc., 327 Erickson Director, Office of Federal Advisory Protection, Department of Homeland Ave., Essington, PA 19029, has been Committee Policy. Security. approved to gauge and accredited to test [FR Doc. 2010–29198 Filed 11–18–10; 8:45 am] ACTION: Notice of accreditation of SEA, petroleum and petroleum products for BILLING CODE 4140–01–P Ltd., as a commercial laboratory. customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 SUMMARY: Notice is hereby given that, CFR 151.13. Anyone wishing to employ DEPARTMENT OF HEALTH AND pursuant to 19 CFR 151.12, SEA, Ltd., this entity to conduct laboratory HUMAN SERVICES 7349 Worthington-Galena Road, analyses and gauger services should Columbus, OH 43085, has been request and receive written assurances National Institutes of Health accredited to test petroleum and from the entity that it is accredited or petroleum products for customs approved by the U.S. Customs and National Center For Research purposes, in accordance with the Border Protection to conduct the Resources; Notice of Closed Meeting provisions of 19 CFR 151.12. Anyone specific test or gauger service requested. Pursuant to section 10(d) of the wishing to employ this entity to conduct Alternatively, inquires regarding the Federal Advisory Committee Act, as laboratory analyses should request and specific test or gauger service this entity amended (5 U.S.C. App.), notice is receive written assurances from the is accredited or approved to perform hereby given of the following meeting. entity that it is accredited by the U.S. may be directed to the U.S. Customs and The meeting will be closed to the Customs and Border Protection to Border Protection by calling (202) 344– public in accordance with the conduct the specific test requested. 1060. The inquiry may also be sent to provisions set forth in sections Alternatively, inquires regarding the [email protected]. Please reference the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., specific test this entity is accredited to Web site listed below for a complete

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listing of CBP approved gaugers and cbp.gov/xp/cgov/import/operations_ DATES: The accreditation and approval accredited laboratories. http:// support/labs_ of Intertek USA, Inc., as commercial cbp.gov/xp/cgov/import/operations_ scientific_svcs/commercial_gaugers/. gauger and laboratory became effective support/labs_scientific_ DATES: The accreditation and approval on May 04, 2010. The next triennial svcs/commercial_gaugers/. of Inspectorate America Corporation, as inspection date will be scheduled for DATES: The accreditation and approval commercial gauger and laboratory May 2013. of Intertek USA, Inc., as commercial became effective on August 06, 2010. FOR FURTHER INFORMATION CONTACT: gauger and laboratory became effective The next triennial inspection date will Anthony Malana, Laboratories and on June 16, 2010. The next triennial be scheduled for August 2013. Scientific Services, U.S. Customs and inspection date will be scheduled for FOR FURTHER INFORMATION CONTACT: Border Protection, 1300 Pennsylvania June 2013. Anthony Malana, Laboratories and Avenue, NW., Suite 1500N, FOR FURTHER INFORMATION CONTACT: Scientific Services, U.S. Customs and Washington, DC 20229, 202–344–1060. Anthony Malana, Laboratories and Border Protection, 1300 Pennsylvania Dated: November 8, 2010. Scientific Services, U.S. Customs and Avenue, NW., Suite 1500N, Ira S. Reese, Border Protection, 1300 Pennsylvania Washington, DC 20229, 202–344–1060. Executive Director, Laboratories and Avenue, NW., Suite 1500N, Dated: November 8, 2010. Scientific Services. Washington, DC 20229, 202–344–1060. Ira S. Reese, [FR Doc. 2010–29185 Filed 11–18–10; 8:45 am] Dated: November 8, 2010. Executive Director, Laboratories and BILLING CODE 9111–14–P Ira S. Reese, Scientific Services. Executive Director, Laboratories and [FR Doc. 2010–29179 Filed 11–18–10; 8:45 am] Scientific Services. BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND [FR Doc. 2010–29164 Filed 11–18–10; 8:45 am] SECURITY BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND U.S. Customs and Border Protection SECURITY Accreditation and Approval of Intertek DEPARTMENT OF HOMELAND USA, Inc., as a Commercial Gauger SECURITY U.S. Customs and Border Protection and Laboratory Accreditation and Approval of Intertek U.S. Customs and Border Protection AGENCY: U.S. Customs and Border USA, Inc., as a Commercial Gauger Protection, Department of Homeland Accreditation and Approval of and Laboratory Security. Inspectorate America Corporation, as a AGENCY: ACTION: Commercial Gauger and Laboratory U.S. Customs and Border Notice of accreditation and Protection, Department of Homeland approval of Intertek USA, Inc., as a AGENCY: U.S. Customs and Border Security. commercial gauger and laboratory. Protection, Department of Homeland ACTION: Notice of accreditation and SUMMARY: Notice is hereby given that, Security. approval of Intertek USA, Inc., as a pursuant to 19 CFR 151.12 and 19 CFR ACTION: Notice of accreditation and commercial gauger and laboratory. 151.13, Intertek USA, Inc., 1941 approval of Inspectorate America Freeman Ave., Suite A, Signal Hill, CA Corporation, as a commercial gauger SUMMARY: Notice is hereby given that, 90755, has been approved to gauge and and laboratory. pursuant to 19 CFR 151.12 and 19 CFR 151.13, Intertek USA, Inc., 481 A East accredited to test petroleum and SUMMARY: Notice is hereby given that, Shore Parkway, New Haven, CT 06512, petroleum products, for customs pursuant to 19 CFR 151.12 and 19 CFR has been approved to gauge and purposes, in accordance with the 151.13, Inspectorate America accredited to test petroleum and provisions of 19 CFR 151.12 and 19 CFR Corporation, 4041 Home Road, Suite A, petroleum products for customs 151.13. Anyone wishing to employ this Bellingham, WA 98226, has been purposes, in accordance with the entity to conduct laboratory analyses approved to gauge and accredited to test provisions of 19 CFR 151.12 and 19 CFR and gauger services should request and petroleum and petroleum products for 151.13. Anyone wishing to employ this receive written assurances from the customs purposes, in accordance with entity to conduct laboratory analyses entity that it is accredited or approved the provisions of 19 CFR 151.12 and 19 and gauger services should request and by the U.S. Customs and Border CFR 151.13. Anyone wishing to employ receive written assurances from the Protection to conduct the specific test or this entity to conduct laboratory entity that it is accredited or approved gauger service requested. Alternatively, analyses and gauger services should by the U.S. Customs and Border inquires regarding the specific test or request and receive written assurances Protection to conduct the specific test or gauger service this entity is accredited from the entity that it is accredited or gauger service requested. Alternatively, or approved to perform may be directed approved by the U.S. Customs and inquires regarding the specific test or to the U.S. Customs and Border Border Protection to conduct the gauger service this entity is accredited Protection by calling (202) 344–1060. specific test or gauger service requested. or approved to perform may be directed The inquiry may also be sent to Alternatively, inquires regarding the to the U.S. Customs and Border [email protected]. Please reference the specific test or gauger service this entity Protection by calling (202) 344–1060. Web site listed below for a complete is accredited or approved to perform The inquiry may also be sent to listing of CBP approved gaugers and may be directed to the U.S. Customs and [email protected]. Please reference the accredited laboratories. http:// _ Border Protection by calling (202) 344– Web site listed below for a complete cbp.gov/xp/cgov/import/operations _ _ 1060. The inquiry may also be sent to listing of CBP approved gaugers and support/labs scientific svcs/ _ [email protected]. Please reference the accredited laboratories. http:// commercial gaugers/. Web site listed below for a complete cbp.gov/xp/cgov/import/operations_ DATES: The accreditation and approval listing of CBP approved gaugers and support/labs_scientific_ of Intertek USA, Inc., as commercial accredited laboratories. http:// svcs/commercial_gaugers/. gauger and laboratory became effective

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on July 21, 2010. The next triennial FOR FURTHER INFORMATION CONTACT: Scientific Services, U.S. Customs and inspection date will be scheduled for Anthony Malana, Laboratories and Border Protection, 1300 Pennsylvania July 2013. Scientific Services, U.S. Customs and Avenue, NW., Suite 1500N, FOR FURTHER INFORMATION CONTACT: Border Protection, 1300 Pennsylvania Washington, DC 20229, 202–344–1060. Anthony Malana, Laboratories and Avenue, NW., Suite 1500N, Dated: November 8, 2010. Scientific Services, U.S. Customs and Washington, DC 20229, 202–344–1060. Ira S. Reese, Border Protection, 1300 Pennsylvania Dated: November 8, 2010. Executive Director, Laboratories and Avenue, NW., Suite 1500N, Ira S. Reese, Scientific Services. Washington, DC 20229, 202–344–1060. Executive Director, Laboratories and [FR Doc. 2010–29181 Filed 11–18–10; 8:45 am] Dated: November 8, 2010. Scientific Services. BILLING CODE 9111–14–P Ira S. Reese, [FR Doc. 2010–29182 Filed 11–18–10; 8:45 am] Executive Director, Laboratories and BILLING CODE 9111–14–P Scientific Services. DEPARTMENT OF HOMELAND [FR Doc. 2010–29183 Filed 11–18–10; 8:45 am] SECURITY BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of DEPARTMENT OF HOMELAND U.S. Customs and Border Protection Inspectorate America Corporation, as a SECURITY Accreditation and Approval of Commercial Gauger and Laboratory Inspectorate America Corporation, as a U.S. Customs and Border Protection AGENCY: Commercial Gauger and Laboratory U.S. Customs and Border Protection, Department of Homeland Accreditation and Approval of Intertek AGENCY: U.S. Customs and Border Security. USA, Inc., as a Commercial Gauger Protection, Department of Homeland ACTION: and Laboratory Notice of accreditation and Security. approval of Inspectorate America AGENCY: U.S. Customs and Border ACTION: Notice of accreditation and Corporation, as a commercial gauger Protection, Department of Homeland approval of Inspectorate America and laboratory. Security. Corporation, as a commercial gauger SUMMARY: Notice is hereby given that, ACTION: Notice of accreditation and and laboratory. pursuant to 19 CFR 151.12 and 19 CFR approval of Intertek USA, Inc., as a SUMMARY: Notice is hereby given that, 151.13, Inspectorate America commercial gauger and laboratory. pursuant to 19 CFR 151.12 and 19 CFR Corporation, 2 Williams Street, Chelsea, SUMMARY: Notice is hereby given that, 151.13, Inspectorate America MA 02150, has been approved to gauge pursuant to 19 CFR 151.12 and 19 CFR Corporation, 3306 Loop 197 North, and accredited to test petroleum and 151.13, Intertek USA, Inc., 1881 W. Texas City, TX 77590, has been petroleum products for customs State Road 84, Bay 105, Fort Lauderdale, approved to gauge and accredited to test purposes, in accordance with the FL 33315, has been approved to gauge petroleum and petroleum products for provisions of 19 CFR 151.12 and 19 CFR and accredited to test petroleum and customs purposes, in accordance with 151.13. Anyone wishing to employ this petroleum products for customs the provisions of 19 CFR 151.12 and 19 entity to conduct laboratory analyses purposes, in accordance with the CFR 151.13. Anyone wishing to employ and gauger services should request and provisions of 19 CFR 151.12 and 19 CFR this entity to conduct laboratory receive written assurances from the 151.13. Anyone wishing to employ this analyses and gauger services should entity that it is accredited or approved entity to conduct laboratory analyses request and receive written assurances by the U.S. Customs and Border and gauger services should request and from the entity that it is accredited or Protection to conduct the specific test or receive written assurances from the approved by the U.S. Customs and gauger service requested. Alternatively, entity that it is accredited or approved Border Protection to conduct the inquires regarding the specific test or by the U.S. Customs and Border specific test or gauger service requested. gauger service this entity is accredited Protection to conduct the specific test or Alternatively, inquires regarding the or approved to perform may be directed gauger service requested. Alternatively, specific test or gauger service this entity to the U.S. Customs and Border inquiries regarding the specific test or is accredited or approved to perform Protection by calling (202) 344–1060. gauger service this entity is accredited may be directed to the U.S. Customs and The inquiry may also be sent to or approved to perform may be directed Border Protection by calling (202) 344– [email protected]. Please reference the to the U.S. Customs and Border 1060. The inquiry may also be sent to Web site listed below for a complete Protection by calling (202) 344–1060. [email protected]. Please reference the listing of CBP approved gaugers and The inquiry may also be sent to Web site listed below for a complete accredited laboratories. http://cbp.gov/ [email protected]. Please reference the listing of CBP approved gaugers and xp/cgov/import/operations_support/ Web site listed below for a complete accredited laboratories. http:// labs_scientific_svcs/ listing of CBP approved gaugers and cbp.gov/xp/cgov/import/operations_ commercial_gaugers/. accredited laboratories. http:// support/labs_scientific_ DATES: The accreditation and approval cbp.gov/xp/cgov/import/operations_ svcs/commercial_gaugers/. of Inspectorate America Corporation, as support/labs_scientific_ DATES: The accreditation and approval commercial gauger and laboratory svcs/commercial_gaugers/ of Inspectorate America Corporation, as became effective on June 25, 2010. The DATES: The accreditation and approval commercial gauger and laboratory next triennial inspection date will be of Intertek USA, Inc., as commercial became effective on March 30, 2010. scheduled for June 2013. gauger and laboratory became effective The next triennial inspection date will FOR FURTHER INFORMATION CONTACT: on August 26, 2010. The next triennial be scheduled for March 2013. Anthony Malana, Laboratories and inspection date will be scheduled for FOR FURTHER INFORMATION CONTACT: Scientific Services, U.S. Customs and August 2013. Anthony Malana, Laboratories and Border Protection, 1300 Pennsylvania

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Avenue, NW., Suite 1500N, Dated: November 8, 2010. Dated: November 8, 2010. Washington, DC 20229, 202–344–1060. Ira S. Reese, Ira S. Reese, Dated: November 8, 2010. Executive Director, Laboratories and Executive Director, Laboratories and Ira S. Reese, Scientific Services. Scientific Services. Executive Director, Laboratories and [FR Doc. 2010–29178 Filed 11–18–10; 8:45 am] [FR Doc. 2010–29175 Filed 11–18–10; 8:45 am] Scientific Services. BILLING CODE 9111–14–P BILLING CODE 9111–14–P [FR Doc. 2010–29180 Filed 11–18–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY DEPARTMENT OF HOMELAND U.S. Customs and Border Protection SECURITY Customs and Border Protection

U.S. Customs and Border Protection Accreditation and Approval of Accreditation and Approval of Camin Robinson International (USA) Inc., as a Cargo Control, Inc., as a Commercial Accreditation and Approval of Commercial Gauger and Laboratory Gauger and Laboratory Inspectorate America Corporation, as a AGENCY: Commercial Gauger and Laboratory U.S. Customs and Border AGENCY: U.S. Customs and Border Protection, Department of Homeland Protection, Department of Homeland AGENCY: U.S. Customs and Border Security. Protection, Department of Homeland Security. ACTION: Notice of accreditation and Security. ACTION: Notice of accreditation and approval of Robinson International ACTION: Notice of accreditation and approval of Camin Cargo Control, Inc., (USA) Inc., as a commercial gauger and approval of Inspectorate America as a commercial gauger and laboratory. Corporation, as a commercial gauger laboratory. and laboratory. SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR pursuant to 19 CFR 151.12 and 19 CFR 151.13, Robinson International (USA) 151.13, Camin Cargo Control, Inc., 3001 151.13, Inspectorate America Inc., 4400 S. Wayside Drive, Suite 107, SW 3rd Ave, Suite #8, Fort Lauderdale, Corporation, 4350 Oakes Rd., Suite 521 Houston, TX 77207, has been approved FL 33315, has been approved to gauge A, Davie, FL 33314, has been approved to gauge and accredited to test and accredited to test petroleum and to gauge and accredited to test petroleum and petroleum products for petroleum products for customs petroleum and petroleum products for customs purposes, in accordance with purposes, in accordance with the customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 provisions of 19 CFR 151.12 and 19 CFR the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ 151.13. Anyone wishing to employ this CFR 151.13. Anyone wishing to employ this entity to conduct laboratory entity to conduct laboratory analyses this entity to conduct laboratory analyses and gauger services should and gauger services should request and analyses and gauger services should request and receive written assurances receive written assurances from the request and receive written assurances from the entity that it is accredited or entity that it is accredited or approved from the entity that it is accredited or approved by the U.S. Customs and by the U.S. Customs and Border approved by the U.S. Customs and Border Protection to conduct the Protection to conduct the specific test or Border Protection to conduct the specific test or gauger service requested. gauger service requested. Alternatively, specific test or gauger service requested. Alternatively, inquires regarding the inquires regarding the specific test or Alternatively, inquires regarding the specific test or gauger service this entity gauger service this entity is accredited specific test or gauger service this entity is accredited or approved to perform or approved to perform may be directed is accredited or approved to perform may be directed to the U.S. Customs and to the U.S. Customs and Border may be directed to the U.S. Customs and Border Protection by calling (202) 344– Protection by calling (202) 344–1060. Border Protection by calling (202) 344– 1060. The inquiry may also be sent to The inquiry may also be sent to 1060. The inquiry may also be sent to [email protected]. Please reference the [email protected]. Please reference the [email protected]. Please reference the Web site listed below for a complete Web site listed below for a complete Web site listed below for a complete listing of CBP approved gaugers and listing of CBP approved gaugers and listing of CBP approved gaugers and accredited laboratories. http://cbp.gov/ accredited laboratories. http://cbp.gov/ accredited laboratories. http://cbp.gov/ xp/cgov/import/operations_support/ xp/cgov/import/operations_support/ xp/cgov/import/operations_support/ labs_scientific_svcs/ labs_scientific_svcs/ labs_scientific_svcs/ commercial_gaugers/. commercial_gaugers/. commercial_gaugers/. DATES: The accreditation and approval DATES: The accreditation and approval DATES: The accreditation and approval of Robinson International (USA) Inc., as of Camin Cargo Control, Inc., as of Inspectorate America Corporation, as commercial gauger and laboratory commercial gauger and laboratory commercial gauger and laboratory became effective on July 07, 2010. The became effective on August 25, 2010. became effective on August 24, 2010. next triennial inspection date will be The next triennial inspection date will The next triennial inspection date will scheduled for July 2013. be scheduled for August 2013. be scheduled for August 2013. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Anthony Malana, Laboratories and Anthony Malana, Laboratories and Anthony Malana, 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: November 8, 2010. Dated: November 8, 2010. A copy of the ICR is available through Ira S. Reese, Ira S. Reese, the docket on the Internet at Executive Director, Laboratories and Executive Director, Laboratories and http://www.regulations.gov. Scientific Services. Scientific Services. Additionally, a copy is available from: [FR Doc. 2010–29174 Filed 11–18–10; 8:45 am] [FR Doc. 2010–29172 Filed 11–18–10; 8:45 am] Commandant (CG–611), Attn Paperwork BILLING CODE 9111–14–P BILLING CODE 9111–14–P Reduction Act Manager, US Coast Guard, 2100 2nd St., SW., Stop 7101, Washington, DC 20593–7101. DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION: Contact Mr. SECURITY SECURITY Arthur Requina, Office of Information Management, telephone 202–475–3523, U.S. Customs and Border Protection Coast Guard or fax 202–475–3929, for questions on Accreditation and Approval of [USCG–2010–1020] these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Inspectorate America Corporation, as a Information Collection Request to Commercial Gauger and Laboratory Operations, 202–366–9826, for Office of Management and Budget; questions on the docket. AGENCY: U.S. Customs and Border OMB Control numbers: 1625–0108. SUPPLEMENTARY INFORMATION: Protection, Department of Homeland AGENCY: Coast Guard, DHS. Public participation and request for comments: The Coast Guard invites Security. ACTION: Sixty-day notice requesting comments on whether this ICR should ACTION: Notice of accreditation and comments. approval of Inspectorate America be granted based on the collection being Corporation, as a commercial gauger SUMMARY: In compliance with the necessary for the proper performance of and laboratory. Paperwork Reduction Act of 1995, the Departmental functions. In particular, U.S. Coast Guard intends to submit an the Coast Guard would appreciate SUMMARY: Notice is hereby given that, Information Collection Request (ICR) comments addressing: (1) The practical pursuant to 19 CFR 151.12 and 19 CFR and Analysis to the Office of utility of the collections; (2) the 151.13, Inspectorate America Management and Budget (OMB) accuracy of the estimated burden of the Corporation, 2501 SE Columbia Way, requesting an extension of its approval collections; (3) ways to enhance the STE 300, Vancouver, WA 98661, has for the following collection of quality, utility, and clarity of been approved to gauge and accredited information: 1625–0108, Standard information subject to the collections; to test petroleum and petroleum Numbering System for Undocumented and (4) ways to minimize the burden of products for customs purposes, in Vessels. Before submitting this ICR to the collections on respondents, accordance with the provisions of 19 OMB, the Coast Guard is inviting including the use of automated CFR 151.12 and 19 CFR 151.13. Anyone comments as described below. collection techniques or other forms of wishing to employ this entity to conduct DATES: Comments must reach the Coast information technology. laboratory analyses and gauger services Guard on or before January 18, 2011. We encourage you to respond to this should request and receive written ADDRESSES: To avoid duplicate request by submitting comments and assurances from the entity that it is submissions to the docket [USCG–2010– related materials. We will post all accredited or approved by the U.S. 1020], please use only one of the comments received, without change, to Customs and Border Protection to following means: http://www.regulations.gov. They will conduct the specific test or gauger (1) Online: include any personal information you service requested. Alternatively, http://www.regulations.gov. provide. We have an agreement with inquires regarding the specific test or (2) Mail: Docket Management Facility DOT to use their DMF. Please see the gauger service this entity is accredited (DMF) (M–30), U.S. Department of ‘‘Privacy Act’’ paragraph below. or approved to perform may be directed Transportation (DOT), West Building Submitting comments: If you submit a to the U.S. Customs and Border Ground Floor, Room W12–140, 1200 comment, please include the docket Protection by calling (202) 344–1060. New Jersey Avenue, SE., Washington, number [USCG–2010–1020], indicate The inquiry may also be sent to DC 20590–0001. the specific section of the document to [email protected]. Please reference the (3) Hand deliver: Same as mail which each comment applies, providing Web site listed below for a complete address above, between 9 a.m. and 5 a reason for each comment. We listing of CBP approved gaugers and p.m., Monday through Friday, except recommend you include your name, accredited laboratories. http://cbp.gov/ Federal holidays. The telephone number mailing address, an e-mail address, or xp/cgov/import/operations_support/ is 202–366–9329. other contact information in the body of labs_scientific_svcs/ (4) Fax: 202–493–2251. your document so that we can contact commercial_gaugers/. The DMF maintains the public docket you if we have questions regarding your for this Notice. Comments and material submission. You may submit your DATES: The accreditation and approval received from the public, as well as comments and material by electronic of Inspectorate America Corporation, as documents mentioned in this Notice as means, mail, fax, or delivery to the DMF commercial gauger and laboratory being available in the docket, will at the address under ADDRESSES; but became effective on August 02, 2010. become part of the docket and will be please submit them by only one means. The next triennial inspection date will available for inspection or copying at If you submit them by mail or delivery, be scheduled for August 2013. room W12–140 on the West Building submit them in an unbound format, no FOR FURTHER INFORMATION CONTACT: Ground Floor, 1200 New Jersey Avenue, larger than 81⁄2 by 11 inches, suitable for Anthony Malana, Laboratories and SE., Washington, DC, between 9 a.m. copying and electronic filing. If you Scientific Services, U.S. Customs and and 5 p.m., Monday through Friday, submit them by mail and would like to Border Protection, 1300 Pennsylvania except Federal holidays. You may also know that they reached the Facility, Avenue, NW., Suite 1500N, find the docket on the Internet at http:// please enclose a stamped, self-addressed Washington, DC 20229, 202–344–1060. www.regulations.gov. postcard or envelope. We will consider

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all comments and material received administers vessel numbering. 151.13, Saybolt LP, 780B Primos during the comment period and will Currently, all 56 States and Territories Avenue, Folcroft, PA 19032, has been address them accordingly. have approved numbering systems. The approved to gauge and accredited to test Viewing comments and documents: approximate number of undocumented petroleum and petroleum products for Go to http://www.regulations.gov to vessels registered by the States in 2009 customs purposes, in accordance with view documents mentioned in this was nearly 13 million. States submit the provisions of 19 CFR 151.12 and 19 Notice as being available in the docket. reports annually to the Coast Guard on CFR 151.13. Anyone wishing to employ Enter the docket number for this Notice the number, size, construction, etc., of this entity to conduct laboratory [USCG–2010–1020] in the Search box, vessels they have numbered. This analyses and gauger services should and click ‘‘Go >.’’ You may also visit the information is used by the Coast Guard request and receive written assurances DMF in room W12–140 on the West in (1) publication of an annual ‘‘Boating from the entity that it is accredited or Building Ground Floor, 1200 New Jersey Statistics’’ report required by 46 U.S.C. approved by the U.S. Customs and Avenue, SE., Washington, DC, between 6102(b), and (2) for allocation of Federal Border Protection to conduct the 9 a.m. and 5 p.m., Monday through funds to assist States in carrying out the specific test or gauger service requested. Friday, except Federal holidays. Recreational Boating Safety (RBS) Alternatively, inquires regarding the Privacy Act: Anyone can search the Program established by 46 U.S.C. specific test or gauger service this entity electronic form of all comments chapter 131. When encountering a is accredited or approved to perform received in dockets by the name of the vessel suspected of illegal activity, may be directed to the U.S. Customs and individual submitting the comment (or information from the SNS increases Border Protection by calling (202) 344– signing the comment, if submitted on safety by assisting boarding officers in 1060. The inquiry may also be sent to behalf of an association, business, labor determining how best to approach a [email protected]. Please reference the union, etc.). You may review the vessel. Since, the September 11, 2001 Web site listed below for a complete Privacy Act statement regarding our terrorist attacks on the United States, listing of CBP approved gaugers and public dockets in the January 17, 2008 the need has increased for identification accredited laboratories. http://cbp.gov/ issue of the Federal Register (73 FR of undocumented vessels and their xp/cgov/import/operations_support/ 3316). owners for port security and other labs_scientific_svcs/ Information Collection Request. missions to safeguard the homeland; commercial_gaugers/. Title: Standard Numbering System for DATES: The accreditation and approval Undocumented Vessels. this statutory requirement dates back to OMB Control Number: 1625–0108. 1918. of Saybolt LP, as commercial gauger and Summary: The Standard Numbering Forms: None. laboratory became effective on June 15, System (SNS) collects information on Respondents: Owners of all 2010. The next triennial inspection date undocumented vessels and vessel undocumented vessels propelled by will be scheduled for June 2013. owners operating on waters subject to machinery. ‘‘Owners’’ may include FOR FURTHER INFORMATION CONTACT: the jurisdiction of the United States. individuals or households, non-profit Anthony Malana, Laboratories and Federal, State, and local law organizations, and small businesses Scientific Services, U.S. Customs and enforcement agencies use information (e.g., liveries that offer recreational Border Protection, 1300 Pennsylvania daily or as warranted from the system vessels for rental by the public) or other Avenue, NW., Suite 1500N, for enforcement of boating laws or theft for-profit organizations. Washington, DC 20229, 202–344–1060. and fraud investigations. Since the Frequency: On occasion. Dated: November 8, 2010. Burden Estimate: The estimated September 11, 2001 terrorist attacks on Ira S. Reese, the United States, the need has burden remains the same at 286,458 hours a year. Executive Director, Laboratories and increased for identification of Scientific Services. undocumented vessels to meet port Dated: November 10, 2010. [FR Doc. 2010–29169 Filed 11–18–10; 8:45 am] security and other missions to safeguard R.E. Day, BILLING CODE 9111–14–P the homeland. Rear Admiral, U.S. Coast Guard, Assistant Need: Subsection 12301(a) of Title 46, Commandant for Command, Control, United States Code, requires Communications, Computers and DEPARTMENT OF HOMELAND undocumented vessels equipped with Information Technology. SECURITY propulsion machinery of any kind to be [FR Doc. 2010–29167 Filed 11–18–10; 8:45 am] numbered in the State where the vessel BILLING CODE 9110–04–P U.S. Customs and Border Protection is principally operated. Title 46 U.S.C. 12302(a) authorized the Secretary to Approval of Saybolt LP, as a prescribe, by regulation, a SNS that may DEPARTMENT OF HOMELAND Commercial Gauger be implemented by the States to perform SECURITY AGENCY: U.S. Customs and Border this function on behalf of the Federal Customs and Border Protection Protection, Department of Homeland Government. The Secretary shall Security. approve a State numbering system that Approval of SAYBOLT LP, as a ACTION: Notice of approval of Saybolt is consistent with the SNS. The Commercial Gauger and Laboratory LP, as a commercial gauger. Secretary has delegated his authority under 46 U.S.C. 12301 and 12302 to the AGENCY: U.S. Customs and Border SUMMARY: Notice is hereby given that, Coast Guard (DHS Delegation No. Protection, Department of Homeland pursuant to 19 CFR 151.13, Saybolt LP, 0170.1). Regulations requiring the Security. 7308 North Main Street, Jacksonville, FL numbering of undocumented vessels are ACTION: Notice of accreditation and 32208, has been approved to gauge in 33 CFR part 173; those establishing approval of Saybolt LP, as a commercial petroleum and petroleum products for the SNS for States to voluntarily carry gauger and laboratory. customs purposes, in accordance with out this function are contained in part the provisions of 19 CFR 151.13. 174. For States that do not have an SUMMARY: Notice is hereby given that, Anyone wishing to employ this entity to approved system, the Coast Guard pursuant to 19 CFR 151.12 and 19 CFR conduct gauger services should request

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and receive written assurances from the Communications must refer to the above (4) Minimize the burden of the entity that it is approved by the U.S. docket number and title. There are two collection of information on those who Customs and Border Protection to methods for submitting public are to respond; including through the conduct the specific gauger service comments. All submissions must refer use of appropriate automated collection requested. Alternatively, inquires to the above docket number and title. techniques or other forms of information regarding the specific gauger service this 1. Submission of Comments by Mail. technology, e.g., permitting electronic entity is approved to perform may be Comments may be submitted by mail to submission of responses. directed to the U.S. Customs and Border the Regulations Division, Office of This Notice also lists the following Protection by calling (202) 344–1060. General Counsel, Department of information: The inquiry may also be sent to Housing and Urban Development, 451 Title of Proposal: 2011 Rental [email protected]. Please reference the Seventh Street, SW., Room 10276, Housing Finance Survey. Web site listed below for a complete Washington, DC 20410–0500. OMB Control Number: 0000–0000. listing of CBP approved gaugers and 2. Electronic Submission of Description of the need for the accredited laboratories. http://cbp.gov/ Comments. Interested persons may information and proposed use: The xp/cgov/import/operations_support/ submit comments electronically through Rental Housing Finance Survey (RHFS) labs_scientific_svcs/ the Federal eRulemaking Portal at provides a measure of financial, commercial_gaugers/. http://www.regulations.gov. HUD mortgage, and property characteristics strongly encourages commenters to of multifamily rental housing properties DATES: The approval of Saybolt LP, as submit comments electronically. in the United States. The RHFS focuses commercial gauger became effective on Electronic submission of comments on mortgage financing of multifamily June 29, 2010. The next triennial allows the commenter maximum time to rental housing properties, with inspection date will be scheduled for prepare and submit a comment, ensures emphasis on new originations for June 2013. timely receipt by HUD, and enables purchase, capital improvement, FOR FURTHER INFORMATION CONTACT: HUD to make them immediately refinancing, and the loan terms and Anthony Malana, Laboratories and available to the public. Comments property characteristics associated with Scientific Services, U.S. Customs and submitted electronically through the these originations. Border Protection, 1300 Pennsylvania http://www.regulations.gov Web site can The RHFS will collect data on Avenue, NW., Suite 1500N, be viewed by other commenters and property values of residential structures, Washington, DC 20229, 202–344–1060. interested members of the public. characteristics of residential structures, Dated: November 8, 2010. Commenters should follow the rental status and rental value of units Ira S. Reese, instructions provided on that site to within the residential structures, Executive Director, Laboratories and submit comments electronically. commercial use of space within residential structures, property Scientific Services. Note: To receive consideration as public [FR Doc. 2010–29171 Filed 11–18–10; 8:45 am] comments, comments must be submitted management status, ownership status, a detailed assessment of mortgage BILLING CODE 9111–14–P through one of the two methods specified above. Again, all submissions must refer to financing, and benefits received from the docket number and title of the rule. federal, state, local, and non- governmental programs. Many of the DEPARTMENT OF HOUSING AND No Facsimile Comments. Facsimile questions are the same or similar to URBAN DEVELOPMENT (FAX) comments are not acceptable. those found on the 1995 Property FOR FURTHER INFORMATION CONTACT: [Docket No. FR–5832–N–14] Wendy Y. Chi, Office of Economic Owners and Managers Survey and the rental housing portion of the 2001 Notice of Proposed Information Affairs, Office of Policy Development and Research, Department of Housing Residential Finance Survey. This survey Collection for Public Comment: 2011 does not duplicate work done in other Rental Housing Finance Survey and Urban Development, 451 7th Street, SW., Washington, DC 20410; via existing HUD surveys or studies that are pertinent to mortgage finance of AGENCY: Office of the Assistant telephone (202) 402–6534 (this is not a Secretary for Policy Development and toll-free number); via e-mail at multifamily rental properties. Policy analysts, program managers, Research, HUD. [email protected]. budget analysts, and Congressional staff ACTION: Notice. SUPPLEMENTARY INFORMATION: The can use the survey’s results to advise Department will submit the proposed SUMMARY: The proposed information executive and legislative branches about information collection to OMB for collection requirement described below the mortgage finance characteristics of review, as required by the Paperwork will be submitted to the Office of the multifamily rental housing stock in Reduction Act of 1995 (44 U.S.C. Management and Budget (OMB) for the United States and the suitability of Chapter 35, as amended). public policy initiatives. Academic review, as required by the Paperwork This Notice is soliciting comments Reduction Act of 1995, Public Law 104– researchers and private organizations from members of the public and affected will also be able to utilize the data to 13 (44 U.S.C. 3506(c)(2)(A)). The agencies concerning the proposed Department is soliciting public facilitate their research and projects. collection of information to: (1) Evaluate The Department of Housing and comments on the subject proposal. whether the proposed collection of Urban Development (HUD) needs the DATES: Comments Due Date: January 18, information is necessary for the proper RHFS data for the following two 2011. performance of the functions of the reasons: ADDRESSES: Interested persons are agency, including whether the 1. This is the only data source that invited to submit comments on this information will have practical utility; provides a comprehensive picture of interim rule to the Regulations Division, (2) Evaluate the accuracy of the agency’s mortgage financing of the multifamily Office of General Counsel, Department estimate of the burden of the proposed rental properties with two or more of Housing and Urban Development, collection of information; (3) Enhance units. 451 7th Street, SW., Room 10276, the quality, utility, and clarity of the 2. With the data, HUD can gain a Washington, DC 20410–0500. information to be collected; and better understanding of mortgage

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origination volumes, loan and property received within zero (0) days from the of the lender to participate in the characteristics associated with these date of this Notice. Comments should Retrofit Pilot Program. originations, and operating cost and refer to the proposal by name/or OMB This Notice is soliciting comments revenue characteristics for the approval number) and should be sent to: from members of the public and affected multifamily rental housing stock in the Ross A. Rutledge, HUD Desk Officer, agencies concerning the proposed United States. This information will Office of Management and Budget, New collection of information to: (1) Evaluate help HUD to evaluate, monitor, and Executive Office Building, Washington, whether the proposed collection of design national housing policies, DC 20503; e-mail: information is necessary for the proper priorities, and programs affecting the [email protected]; fax: performance of the functions of the entire spectrum of the multifamily 202–395–3086. agency, including whether the rental stock. information will have practical utility; FOR FURTHER INFORMATION CONTACT: Agency Form Numbers: (2) Evaluate the accuracy of the agency’s Colette Pollard, Reports Management 000000000000. estimate of the burden of the proposed Officer, QDAM, Department of Housing Members of affected public: Owners collection of information; (3) Enhance and Urban Development, 4517th Street, and managers of rental properties. the quality, utility, and clarity of the SW., Washington, DC 20410; e-mail Estimation of the total number of information to be collected; and (4) [email protected]; telephone hours needed to prepare the information Minimize the burden of the collection of (202) 402–3400. This is not a toll-free collection including number of information on those who are to number. Copies of available documents respondents, frequency of response, and respond; including through the use of submitted to OMB may be obtained hours of response: appropriate automated collection from Ms. Pollard. Number of Respondents: 3,600. techniques or other forms of information Estimate of Responses per SUPPLEMENTARY INFORMATION: This technology, e.g., permitting electronic Respondent: 1 every 2 years. Notice informs the public that the U.S. submission of responses. Time (minutes) per respondent: 30. Department of Housing and Urban This Notice also lists the following Total hours to respond: 1800. Development (HUD) has submitted to information: Respondent’s Obligation: Voluntary. OMB, for emergency processing, an Title of Proposal: Federal Housing Status of the proposed information information collection package with Administration (FHA): Home Energy collection: Pending OMB approval. respect to implementing an FHA Energy Retrofit Loan Pilot Program. Authority: Title 13 U.S.C. Section 9(a), and Efficient Mortgage Innovation pilot Description of Information Collection: Title 12, U.S.C., Section 1701z–1 et seq. program targeted to the single family Lender eligibility to participate in the Dated: November 12, 2010. housing market. The Consolidated Retrofit Pilot Program. Raphael W. Bostic, Appropriations Act, 2010 (Pub. L. 111– OMB Control Number: Pending. Assistant Secretary for Policy Development 117, approved December 16, 2009, 123 Agency Form Numbers: None. and Research. Stat. 3034) (2010 Appropriations Act), Members of Affected Public: FHA- [FR Doc. 2010–29276 Filed 11–18–10; 8:45 am] which appropriated fiscal year 2010 approved lenders. funds for HUD, among other agencies, Estimation of the total number of BILLING CODE 4210–67–P appropriated $50 million for an Energy hours needed to prepare the information Innovation Fund to enable HUD to collection including number of DEPARTMENT OF HOUSING AND catalyze innovations in the residential respondents, frequency of responses, URBAN DEVELOPMENT energy efficiency sector that have the and hours of response: An estimation of promise of replicability and help create the total number of hours needed to [Docket No. FR–5376–N–110] a standardized home energy efficient prepare the information collection is retrofit market. Of the $50 million Notice of Submission of Proposed 600, the estimated number of appropriated for the Energy Innovation Information Collection to OMB; respondents is 15, the frequency Fund, the 2010 Appropriations Act Emergency Comment Request; Federal response is one time, and the estimated stated that ‘‘$25,000,000 shall be for the Housing Administration (FHA): Home number of hours per response is 40. Energy Efficient Mortgage Innovation Energy Retrofit Loan Pilot Program; Authority: The Paperwork Reduction Act pilot program directed at the single Notice of Proposed Information of 1995, 44 U.S.C. Chapter 35, as amended. family housing market.’’ (See Pub. L. Collection for Public Comment 111–117, at 123 Stat. 3089). The FHA Dated: November 16, 2010. Colette Pollard, AGENCY: Office of the Chief Information Home Energy Retrofit Loan Pilot Officer, HUD. Program (Retrofit Pilot Program) is Departmental Reports Management Officer, Office of the Chief Information Officer. ACTION: Notice of proposed information designed by HUD to meet this statutory collection. directive and provides funding to [FR Doc. 2010–29274 Filed 11–18–10; 8:45 am] support that effort. Under the Retrofit BILLING CODE 4210–67–P SUMMARY: The proposed information Pilot Program, HUD, through FHA- collection requirement described below approved lenders, will insure loans for has been submitted to the Office of homeowners who are seeking to make DEPARTMENT OF HOUSING AND Management and Budget (OMB) for energy improvements to their homes. URBAN DEVELOPMENT emergency review and approval, as Lender participation in the Retrofit [Docket No. FR–5375–N–45] required by the Paperwork Reduction Pilot Program is voluntary. To facilitate Act. The Department is soliciting public HUD’s evaluation of lender performance Federal Property Suitable as Facilities comments on the subject proposal. and assessment of the success and To Assist the Homeless DATES: Comments Due Date: December replicability of the pilot program, HUD AGENCY: Office of the Assistant 3, 2010. will select lenders to participate in the Secretary for Community Planning and ADDRESSES: Interested persons are program. To be eligible for participation, Development, HUD. invited to submit comments regarding lenders must submit an Expression of ACTION: Notice. this proposal. Comments must be Interest that demonstrates the eligibility

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SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the Washington Navy Yard, 1330 Patterson unutilized, underutilized, excess, and interested provider an application Ave., SW., Suite 1000, Washington, DC surplus Federal property reviewed by packet, which will include instructions 20374; (202) 685–9305; (These are not HUD for suitability for possible use to for completing the application. In order toll-free numbers). assist the homeless. to maximize the opportunity to utilize a Dated: November 10, 2010. suitable property, providers should FOR FURTHER INFORMATION CONTACT: Mark R. Johnston, submit their written expressions of Kathy Ezzell, Department of Housing Deputy Assistant Secretary for Special Needs. and Urban Development, 451 Seventh interest as soon as possible. For Street, SW., Room 7266, Washington, complete details concerning the TITLE V, FEDERAL SURPLUS PROPERTY DC 20410; telephone (202) 708–1234; processing of applications, the reader is PROGRAM FEDERAL REGISTER REPORT TTY number for the hearing- and encouraged to refer to the interim rule FOR 11/19/2010 speech-impaired (202) 708–2565 (these governing this program, 24 CFR part Suitable/Available Properties 581. telephone numbers are not toll-free), or Building call the toll-free Title V information line For properties listed as suitable/to be at 800–927–7588. excess, that property may, if Oregon subsequently accepted as excess by Residence SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the 140 Government Road accordance with 24 CFR part 581 and homeless in accordance with applicable Malheur Natl Forest section 501 of the Stewart B. McKinney law, subject to screening for other John Day OR 97845 Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Landholding Agency: GSA 11411), as amended, HUD is publishing HUD will publish the property in a Property Number: 54201040012 this Notice to identify Federal buildings Notice showing it as either suitable/ Status: Excess GSA Number: 9–A–OR–0786–AA and other real property that HUD has available or suitable/unavailable. reviewed for suitability for use to assist Comments: 1560 sq. ft., presence of asbestos/ For properties listed as suitable/ lead paint, off-site use only the homeless. The properties were unavailable, the landholding agency has reviewed using information provided to decided that the property cannot be Land HUD by Federal landholding agencies declared excess or made available for California regarding unutilized and underutilized use to assist the homeless, and the Drill Site #3A buildings and real property controlled property will not be available. null by such agencies or by GSA regarding Properties listed as unsuitable will Ford City CA 93268 its inventory of excess or surplus not be made available for any other Landholding Agency: GSA Federal property. This Notice is also purpose for 20 days from the date of this Property Number: 54201040004 published in order to comply with the Notice. Homeless assistance providers Status: Surplus December 12, 1988 Court Order in interested in a review by HUD of the GSA Number: 9–B–CA–1673–AG National Coalition for the Homeless v. determination of unsuitability should Comments: 2.07 acres, mineral rights, utility Veterans Administration, No. 88–2503– call the toll free information line at easements OG (D.D.C.). 1–800–927–7588 for detailed Drill Site #4 Properties reviewed are listed in this instructions or write a letter to Mark null Ford City CA 93268 Notice according to the following Johnston at the address listed at the categories: Suitable/available, suitable/ Landholding Agency: GSA beginning of this Notice. Included in the Property Number: 54201040005 unavailable, suitable/to be excess, and request for review should be the Status: Surplus unsuitable. The properties listed in the property address (including zip code), GSA Number: 9–B–CA–1673–AB three suitable categories have been the date of publication in the Federal Comments: 2.21 acres, mineral rights, utility reviewed by the landholding agencies, Register, the landholding agency, and easements and each agency has transmitted to the property number. Drill Site #6 HUD: (1) Its intention to make the For more information regarding null property available for use to assist the particular properties identified in this Ford City CA 93268 homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing Landholding Agency: GSA property excess to the agency’s needs, or sanitary facilities, exact street address), Property Number: 54201040006 (3) a statement of the reasons that the providers should contact the Status: Surplus property cannot be declared excess or appropriate landholding agencies at the GSA Number: 9–B–CA–1673–AC Comments: 2.13 acres, mineral rights, utility made available for use as facilities to following addresses: Army: Ms. easements assist the homeless. Veronica Rines, Department of the Drill Site #9 Properties listed as suitable/available Army, Office of the Assistant Chief of null will be available exclusively for Staff for Installation Management, Room Ford City CA 93268 homeless use for a period of 60 days 8536, 2511 Jefferson Davis Hwy., Landholding Agency: GSA from the date of this Notice. Where Arlington, VA 22202; (202) 601–2545; Property Number: 54201040007 property is described as for ‘‘off-site use COE: Mr. Scott Whiteford, Army Corps Status: Surplus only’’ recipients of the property will be of Engineers, Director of Real Estate, GSA Number: 9–B–CA–1673–AH required to relocate the building to their CEMP–CR, 441 G St., NW., Washington, Comments: 2.07 acres, mineral rights, utility own site at their own expense. DC 20314; (202)761–5542; GSA: Mr. easements Homeless assistance providers Gordon Creed, Acting Deputy Assistant Drill Site #20 interested in any such property should Commissioner, General Services null send a written expression of interest to Administration, Office of Property Ford City CA 93268 Landholding Agency: GSA HHS, addressed to Theresa Rita, Disposal, 18th & F Streets, NW., Property Number: 54201040008 Division of Property Management, Washington, DC 20405; (202) 501–0084; Status: Surplus Program Support Center, HHS, room Navy: Mr. Albert Johnson, Director of GSA Number: 9–B–CA–1673–AD 5B–17, 5600 Fishers Lane, Rockville, Real Estate, Department of the Navy, Comments: 2.07 acres, mineral rights, utility MD 20857; (301) 443–2265. (This is not Naval Facilities Engineering Command, easements

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Drill Site #22 Landholding Agency: Army Indian Head MD 20640 null Property Number: 21201040004 Landholding Agency: Navy Ford City CA 93268 Status: Unutilized Property Number: 77201040014 Landholding Agency: GSA Reasons: Secured Area Status: Underutilized Property Number: 54201040009 Hawaii Directions: 28, 163, 164/164A, 164B, 165, Status: Surplus 166, 167, 273, 489, 496, 629, 898, 899, GSA Number: 9–B–CA–1673–AF Bldg. 1000 1738, 1904, 3030 Comments: 2.07 acres, mineral rights, utility Wheeler Army Airfield Reasons: Secured Area easements Wahiawa HI 96786 Landholding Agency: Army Missouri Drill Site #24 Property Number: 21201040005 14 Bldgs. null Status: Unutilized Lake City AAP Ford City CA 93268 Reasons: Extensive deterioration Independence MO 64051 Landholding Agency: GSA Landholding Agency: Army Property Number: 54201040010 17 Bldgs. Schofield Barracks Property Number: 21201040010 Status: Surplus Status: Unutilized GSA Number: 9–B–CA–1673–AE Wahiawa HI 96786 Landholding Agency: Army Directions: 59, 59A, 59B, 59C, 60, 66A, 66B, Comments: 2.06 acres, mineral rights, utility 66C, 66D, 66E, 67, 70A 70B 80D easements Property Number: 21201040006 Status: Unutilized Reasons: Within 2000 ft. of flammable or Drill Site #26 Directions: I0011 thru I0027 explosive material, Secured Area null Reasons: Extensive deterioration 10 Bldgs. Ford City CA 93268 Bldg. 177 Fort Leonard Wood Landholding Agency: GSA Naval Station Pulaski MO 65473 Property Number: 54201040011 Pearl Harbor HI 96860 Landholding Agency: Army Status: Surplus Landholding Agency: Navy Property Number: 21201040011 GSA Number: 9–B–CA–1673–AA Property Number: 77201040015 Status: Unutilized Comments: 2.07 acres, mineral rights, utility Status: Underutilized Directions: 1228, 1255, 1269, 2101, 2112, easements Reasons: Within 2000 ft. of flammable or 2551, 2552, 5280, 5506, 6824 Hawaii explosive material, Secured Area Reasons: Secured Area Property Record 1–11032 Illinois Facility 29995 Naval Station Fort Leonard Wood Bldg. 1712 Pulaski MO 65473 Pearl Harbor HI 96818 Naval Station Landholding Agency: Navy Landholding Agency: Army Great Lakes IL 60088 Property Number: 21201040012 Property Number: 77201040011 Landholding Agency: Navy Status: Unutilized Status: Unutilized Property Number: 77201040012 Reasons: Secured Area Comments: 2.752 acres, harbor sediments/ Status: Unutilized petro pipeline Reasons: Extensive deterioration New Jersey Unsuitable Properties Iowa 9 Bldgs. Picatinny Arsenal Building Bldgs. A0190, 00190, 01069 Dover NJ 07806 Alabama Iowa AAP Landholding Agency: Army Middletown IA 52601 Property Number: 21201040013 4 Bldgs. Landholding Agency: Army Anniston Army Depot Status: Unutilized Property Number: 21201040007 Directions: 23, 48, 49, 50, 111, 454B, 620, Calhoun AL 36201 Status: Unutilized Landholding Agency: Army 620C, 641B Reasons: Extensive deterioration, Within Reasons: Secured Area Property Number: 21201040001 2000 ft. of flammable or explosive material, Status: Unutilized Secured Area 6 Bldgs. Directions: 00051, 0084A, 0084B, 00614 Piccatinny Arsenal Kansas Reasons: Extensive deterioration Dover NJ 07806 19 Toilets Landholding Agency: Army Arizona John Redmond Lake Property Number: 21201040014 4 Bldgs. Burlington KS 66839 Status: Unutilized Fort Huachuca Landholding Agency: COE Directions: 1181, 1182, 1351, 1354A, 1521, Cochise AZ 85613 Property Number: 31201040002 1522 Landholding Agency: Army Status: Unutilized Reasons: Secured Area Property Number: 21201040002 Reasons: Extensive deterioration 4 Bldgs. Status: Excess Maryland Picatinny Arsenal Directions: 22009, 22010, 22011, 22012 Dover NJ 07806 Bldgs. 136, 607 Reasons: Within 2000 ft. of flammable or Landholding Agency: Army Fort Detrick explosive material Property Number: 21201040015 Forrest Glen Annex California Status: Unutilized Silver Spring MD 20901 Directions: 3052, 3339, 3340, 3341 13 Bldgs. Landholding Agency: Army Reasons: Secured Area Fort Irwin Property Number: 21201040008 San Bernardino CA 92310 Status: Unutilized 7 Bldgs. Landholding Agency: Army Reasons: Secured Area Picatinny Arsenal Dover NJ 07806 Property Number: 21201040003 Bldgs. 1687, 1689 Landholding Agency: Army Status: Unutilized Fort Detrick Property Number: 21201040016 Directions: 100, 338, 343, 385, 411, 412, 413, Frederick MD 21702 Status: Unutilized 486, 489, 490, 491, 493, 5006 Landholding Agency: Army Directions: 3604, 3605, 3606, 3609, 3613, Reasons: Secured Area Property Number: 21201040009 3615, 3627 Colorado Status: Unutilized Reasons: Secured Area Bldgs. 5510, 6216 Reasons: Secured Area Fort Carson 16 Bldgs. New Mexico El Paso CO 80913 Naval Support Activity 7 Bldgs.

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White Sands Missile Range Camp Fogarty Training Site Bldg. 4535 Dona Ana NM 88002 Kent RI 02818 Deseret Chemical Depot Landholding Agency: Army Landholding Agency: Army Stockton UT 84071 Property Number: 21201040017 Property Number: 21201040022 Landholding Agency: Army Status: Unutilized Status: Excess Property Number: 21201040029 Directions: 301, 384, 1529, 1650, 1735, 1798, Reasons: Secured Area Status: Excess 1825 South Carolina Reasons: Secured Area Reasons: Extensive deterioration, Secured 15 Bldgs. Naval Health Clinic Area Tooele Army Depot 3600 Rivers Ave. Tooele UT 84074 8 Bldgs. Charleston SC 29405 Landholding Agency: Army White Sands Missile Range Landholding Agency: GSA Property Number: 21201040030 Dona Ana NM 88002 Property Number: 54201040013 Landholding Agency: Army Status: Excess Status: Unutilized Property Number: 21201040018 GSA Number: 4–N–SC–0606 Directions: 25, 25A, 25B, 26, 26A, 26B, 27, Status: Unutilized Reasons: Within 2000 ft. of flammable or 27A, 27B, 28, 28A, 28B, 29, 29A, 29B Directions: 19310, 21623, 23638, 23653, explosive material Reasons: Secured Area 23673, 27104, 34175, FOI Virginia Reasons: Secured Area, Extensive Tennessee deterioration 8 Bldgs. 5 Bldgs. Fort A.P. Hill New York Fort Campbell Montgomery TN 42223 Bowling Green VA 22427 Bldg. 110 Landholding Agency: Army Landholding Agency: Army Fort Hamilton Property Number: 21201040023 Property Number: 21201040031 Brooklyn NY 11252 Status: Unutilized Status: Unutilized Landholding Agency: Army Directions: 1595, 2310, 2607, 3207, 3208, Directions: 1105, 1218, 1274, 1293, 1296 Property Number: 21201040019 3209, 3210, 3218 Reasons: Extensive deterioration Status: Underutilized Reasons: Secured Area Bldg. ANTEN Reasons: Secured Area 9 Bldgs. Fort Eustis North Carolina Fort Campbell Ft. Eustis VA 23604 Bldg. 83022 Montgomery TN 42223 Landholding Agency: Army Fort Bragg Landholding Agency: Army Property Number: 21201040032 Cumberland NC 28310 Property Number: 21201040024 Status: Unutilized Landholding Agency: Army Status: Unutilized Reasons: Extensive deterioration Property Number: 21201040020 Directions: 6817, 6818, 6819, 6824, 6847, Bldgs. 1132, 1133, 1134 Status: Unutilized 6849, 6850, 6898, 6899 Fort Belvoir Reasons: Secured Area, Extensive Reasons: Secured Area Fairfax VA 22060 deterioration 7 Bldgs. Landholding Agency: Army North Dakota Fort Campbell Property Number: 21201040033 Montgomery TN 42223 Status: Excess Bldgs. 455, 456—Bunkers Landholding Agency: Army Reasons: Extensive deterioration Stanley Mickelsen Property Property Number: 21201040025 Bldg. HH025 Nekoma ND 58355 Status: Unutilized Joint Base Myer Landholding Agency: GSA Directions: 7005, 7006, 7051, 7202, 7814, Arlington VA 22211 Property Number: 54201040014 8064, MM001 Landholding Agency: Army Status: Surplus Reasons: Secured Area Property Number: 21201040034 GSA Number: 7–D–ND–0499 Status: Unutilized Reasons: Secured Area 4 Bldgs. Milan AAP Reasons: Secured Area Oklahoma Gibson TN 38358 Bldgs. 8000, 8134 3 Gatehouses Landholding Agency: Army Fort Lee Oologah Lake Property Number: 21201040026 Prince George VA 23801 Oologah OK 74053 Status: Excess Landholding Agency: Army Landholding Agency: COE Directions: W001A, W0062, W0063, W0064 Property Number: 21201040035 Property Number: 31201040003 Reasons: Extensive deterioration, Secured Status: Unutilized Status: Unutilized Area, Within 2000 ft. of flammable or Reasons: Secured Area Reasons: Secured Area explosive material 6 Bldgs. 2 Vault Toilets Texas Radford AAP Washington Irving Rec Area 4 Bldgs. Radford VA 24143 Sand Springs OK 74063 Fort Bliss Landholding Agency: Army Landholding Agency: COE El Paso TX 79916 Property Number: 21201040036 Property Number: 31201040004 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21201040027 Directions: 1000, 1010, 2000, 2010, 22116, Reasons: Extensive deterioration Status: Unutilized USO43 Puerto Rico Directions: 1273, 1274, 1278, 1279 Reasons: Secured Area, Within 2000 ft. of 7 Bldg. Reasons: Extensive deterioration flammable or explosive material Fort Buchanan Utah Property JHK–16643 Guaynabo PR John H. Kerr Lake & Dam Landholding Agency: Army Bldgs. 222 thru 227 Mecklenburg VA 23917 Property Number: 21201040021 MTA–L Camp Williams Landholding Agency: COE Status: Excess Eagle Mountain UT 84005 Property Number: 31201040005 Directions: 76, 83, 84, 85, 86, 87, 98 Landholding Agency: Army Status: Unutilized Reasons: Extensive deterioration, Secured Property Number: 21201040028 Reasons: Extensive deterioration Area Status: Unutilized Reasons: Within 2000 ft. of flammable or Washington Rhode Island explosive material, Secured Area, Bldgs. 2607, 2613 Bldgs. 0A65V, 340, 382 Extensive deterioration Fort Lewis

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Pierce WA 98433 Fax: Attn: Jeffrey Missal, Natural determine how the public can use each Landholding Agency: Army Resource Planner, 505–248–7409. refuge. The planning process is a way Property Number: 21201040037 U.S. Mail: Jeffrey Missal, Natural for us and the public to evaluate Status: Underutilized Resource Planner, P.O. Box 1306, management goals and objectives that Reasons: Secured Area Albuquerque, NM 87103–1306. will ensure the best possible approach Land In-Person Drop-off: You may drop off to wildlife, plant, and habitat Florida comments during regular business hours conservation, while providing for at the Refuge Headquarters located at Tract L 1113/Portion wildlife-dependent recreation Jim Woodruff Reservoir 15600 Highway 134, Karnack, TX opportunities that are compatible with Chattahoochee FL 32324 75661. each refuge’s establishing purposes and Landholding Agency: COE FOR FURTHER INFORMATION CONTACT: the mission of the National Wildlife Property Number: 31201040001 Jeffrey Missal, Natural Resource Refuge System. Status: Unutilized Planner, Telephone: 505–248–7409; Our CCP process provides Reasons: Within 2000 ft. of flammable or Fax: 505–248–6803; e-mail: participation opportunities for Tribal, explosive material [email protected]. State, and local governments; agencies; Maryland organizations; and the public. At this SUPPLEMENTARY INFORMATION: Site A time we encourage input in the form of Naval Support Activity Introduction issues, concerns, ideas, and suggestions Indian Head MD 20640 With this notice, we initiate our for the future management of Caddo Landholding Agency: Navy process for developing a CCP for Caddo Lake NWR. Property Number: 77201040013 We will conduct the environmental Lake NWR (Refuge), located in Harrison Status: Underutilized review of this project and develop an County, TX. This notice complies with Reasons: Secured Area EA in accordance with the requirements our CCP policy to (1) advise other [FR Doc. 2010–28858 Filed 11–18–10; 8:45 am] of the National Environmental Policy Federal and State agencies, Tribes, and BILLING CODE 4210–67–P Act of 1969, as amended (NEPA) (42 the public of our intention to conduct U.S.C. 4321 et seq.); NEPA regulations detailed planning on this Refuge, and (40 CFR parts 1500–1508); other (2) obtain suggestions and information appropriate Federal laws and DEPARTMENT OF THE INTERIOR on the scope of issues to consider in the regulations; and our policies and environmental document and during procedures for compliance with those Fish and Wildlife Service development of the CCP. laws and regulations. [FWS–R2–R–2010–N209; 20131–1265–2CCP Background S3] Caddo Lake National Wildlife Refuge The CCP Process Caddo Lake National Wildlife Refuge Caddo National Wildlife Refuge, The National Wildlife Refuge System is located in Harrison County, TX, and Harrison County, TX; Comprehensive Administration Act of 1966 (16 U.S.C. encompasses approximately 7,500 acres Conservation Plan and Environmental 668dd–668ee) (Administration Act), as of Piney Woods, mature Baldcyprus Assessment amended by the National Wildlife Forests, and wetlands. On October 19, Refuge System Improvement Act of 2000, the Director of the U.S. Fish and AGENCY: Fish and Wildlife Service, 1997, requires us to develop a CCP for Wildlife Service approved the Interior. each national wildlife refuge. The establishment of the Caddo Lake ACTION: Notice of intent; request for purpose for developing a CCP is to National Wildlife Refuge on portions of comments. provide Refuge Managers with a 15-year the Longhorn Army Ammunition Plant. plan for achieving refuge purposes and It was officially opened as a national SUMMARY: We, the U.S. Fish and contributing toward the mission of the wildlife refuge on September 26, 2009, Wildlife Service (Service), intend to National Wildlife Refuge System, for the purpose of migratory bird and prepare a comprehensive conservation consistent with sound principles of fish other fish and wildlife management, plan (CCP) and environmental and wildlife management, conservation, conservation, and protection. assessment (EA) for Caddo Lake legal mandates, and our policies. In In contrast to the more arid and thinly National Wildlife Refuge, Harrison addition to outlining broad management wooded areas that predominate much of County, TX. We provide this notice in direction on conserving wildlife and the rest of Texas, Caddo Lake NWR is compliance with our CCP policy to their habitats, CCPs identify wildlife- one of the richest examples of the lush advise other Federal and State agencies, dependent recreational opportunities and abundant Piney Woods Belt, where Tribes, and the public of our intentions, available to the public, including rainfall is plentiful and rivers and and to obtain suggestions and opportunities for hunting, fishing, bayous twist through forests teeming information on the scope of issues to wildlife observation and photography, with a great diversity of aquatic and consider in the planning process. and environmental education and terrestrial plant specimens. Portions of DATES: To ensure consideration, please interpretation. We will review and the Refuge and Caddo Lake constitute send your written comments by May 18, update the CCP at least every 15 years one of only 25 such areas in the United 2011. We will announce opportunities in accordance with the Administration States recognized by the RAMSAR for public input in local news media Act, as amended. Convention on Wetlands as a Wetland throughout the CCP process. Each unit of the National Wildlife of International Significance. Residing ADDRESSES: Send your comments or Refuge System was established for in these forests and wetlands associated requests for more information by any of specific purposes. We use these with the Refuge are a variety of birds, the following methods. purposes as the foundation for amphibians, reptiles, and fish. A E-mail: [email protected]. developing and prioritizing the number of animals and plants here are Include ‘‘Caddo Lake National Wildlife management goals and objectives for considered rare, threatened, or Refuge CCP NOI’’ in the subject line of each refuge within the National Wildlife endangered under national and the message. Refuge System mission, and to international laws; these species

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include, but are not limited to, the Public Availability of Comments SUPPLEMENTARY INFORMATION: On peregrine falcon, the alligator snapping Before including your address, phone October 28, 2010, we published a turtle, and the eastern big-eared bat. number, e-mail address, or other Federal Register notice (75 FR 66387) announcing availability for public Scoping: Preliminary Issues, Concerns, personal identifying information in your review of a draft national plan to assist and Opportunities comment, you should be aware that your entire comment, including your States, Federal agencies, and Tribes in We have identified preliminary personal identifying information, may managing WNS in bats. That notice issues, concerns, and opportunities that be made publicly available at any time. mistakenly announced a 33-day public comment period instead of a 60-day we may address in the CCP. We have While you can ask us in your comment public comment period. We are briefly summarized these issues below. to withhold your personal identifying extending the public comment period During public scoping, we may identify information from public review, we on the draft plan to the originally additional issues. cannot guarantee that we will be able to planned 60 days. Ecoregional Issues do so. WNS is a fungal disease responsible • Potential impacts of climate change Dated: September 30, 2010. for unprecedented mortality in Joy E. Nicholopoulos, hibernating bats in the northeastern Habitat Issues Regional Director, U.S. Fish and Wildlife United States. It has spread rapidly • Bottomland Hardwood habitat Service, Region 2. since its discovery in January 2007, and maintenance and restoration [FR Doc. 2010–29111 Filed 11–18–10; 8:45 am] poses a potentially catastrophic threat to • Timber harvesting BILLING CODE 4310–55–P hibernating bats throughout North • Using fire on the landscape for habitat America, including several species restoration and maintenance listed as endangered or threatened • Property transfer from the Department DEPARTMENT OF THE INTERIOR under the Endangered Species Act of the Army and subsequent (ESA). Listed bats include the Indiana Fish and Wildlife Service contaminant issues bat (Myotis sodalis), Virginia big-eared [FWS–R5–ES–2010–N249; 50120–1113– bat (Corynorhinus townsendii Wildlife Issues 0000–C2] virginianus), Ozark big-eared bat • Migratory waterfowl and neotropical (Corynorhinus townsendii ingens), and migrants using the Refuge as a Endangered and Threatened Wildlife gray bat (Myotis grisescens). stopover and/or nesting site and Plants; Assisting States, Federal The draft plan was prepared by representatives of the U.S. Department • Refuge hunts for population Agencies, and Tribes in Managing of Agriculture’s Animal and Plant management of White-tailed Deer White-Nose Syndrome in Bats; Draft Health Inspection Service and Forest • Construction/maintenance of bat, National Plan; Extension of Public Service; U.S. Department of Defense’s wood duck, and bluebird boxes for Comment Period Army Corps of Engineers; U.S. nesting purposes AGENCY: Fish and Wildlife Service, Department of the Interior’s Bureau of Public Use Opportunities and Access Interior. Land Management, National Park ACTION: Notice of availability; extension Service, and FWS; St. Regis Mohawk • Identification, construction, and of comment period. Tribe; Kentucky Department of Fish and maintenance of wildlife observation Wildlife Resources; Missouri trail(s) and auto-tour loop(s) SUMMARY: We, the U.S. Fish and • Department of Conservation; New York Develop/Increase participation of Wildlife Service (FWS), are extending State Department of Environmental Caddo Lake NWR friends group the public comment period for the draft Conservation; Pennsylvania Game Facilities national plan to assist States, Federal Commission; Vermont Department of agencies, and Tribes in managing white- Fish and Wildlife; and Virginia • Remodel or replace current Refuge nose syndrome (WNS) in bats. See Department of Game and Inland headquarters (currently an old U.S. SUPPLEMENTARY INFORMATION for details. Fisheries. Army office building) If you have already submitted • Identify location and construct Refuge comments, please do not resubmit them; Document Availability Fire Station Facilities (currently co- we have already incorporated them in An electronic copy of the draft plan located in the Refuge shop and the public record and will fully consider is available online at bunkhouse) them in our final decision. http://www.fws.gov/ • Identify location and construct Refuge DATES: Submit comments on this WhiteNoseSyndrome/. The document is Visitor Center and Classroom document on or before December 26, also available from the FWS’s New York Building (currently located in an old 2010. Field Office (see ADDRESSES). FEMA Trailer) ADDRESSES: Send your written Public Availability of Comments Public Meetings comments on the draft plan, by U.S. Before including your address, phone We will give the public an mail to Dr. Jeremy Coleman, National number, electronic mail address, or opportunity to provide input at a public WNS Coordinator, U.S. Fish and other personal identifying information meeting (or meetings). You can obtain Wildlife Service, New York Field Office, in your comment, you should be aware the schedule from the planning team 3817 Luker Road, Cortland, New York that your entire comment—including leader or project leader (see ADDRESSES). 13045; or by electronic mail to your personal identifying information— You may also send comments anytime [email protected]. may be made publicly available at any during the planning process by U.S. FOR FURTHER INFORMATION CONTACT: time. While you may ask us in your mail, e-mail, or fax (see ADDRESSES). Dr. Jeremy Coleman, National WNS comment to withhold your personal There will be additional opportunities Coordinator, at the New York Field identifying information from public to provide public input once we have Office (see ADDRESSES) or by phone at review, we cannot guarantee that we prepared a draft CCP. 607–753–9334. will be able to do so.

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Authority TAMWG. The meeting will include relating to the proposed consent decree. discussion of the following topics: Comments should be addressed to the As a number of federally listed bat • species are threatened by WNS, the TMC Chair report, Assistant Attorney General of the • Hatchery operations review, Environment and Natural Resources FWS is issuing this notice primarily • under the authority of the ESA of 1973 Acting Executive Director’s Report, Division, Department of Justice, • Washington, DC 20530, and should refer (16 U.S.C. 1531). This plan is intended Channel rehabilitation program, • to United States, et al., v. Bouchard to guide recovery of listed bats. It was TRRP adaptive management Transportation Company, Inc., et al., developed so that it can be easily practices, • Civil Action No. 1:10–cv–11958–NMG, adopted or incorporated into existing or TRRP interaction with Central D.J. Ref. 90–5–1–1–08159. future recovery plans. Valley Project Operations Office, • Preliminary 2012 TRRP work plan, Comments should be addressed to the Dated: November 3, 2010. • Water year forecasting, Assistant Attorney General, Wendi Weber, • South Fork Trinity River, and Environment and Natural Resources Deputy Regional Director, Region 5, U.S. Fish • TAMWG recommendations/status Division, and either emailed to and Wildlife Service. of previous recommendations. [email protected] or [FR Doc. 2010–29257 Filed 11–18–10; 8:45 am] Completion of the agenda is mailed to P.O. Box 7611, U.S. BILLING CODE 4510–55–P dependent on the amount of time each Department of Justice, Washington, DC item takes. The meeting could end early 20044–7611, and should refer to United if the agenda has been completed. States, et al. v. Bouchard Transportation DEPARTMENT OF THE INTERIOR Company, Inc., D.J. Ref. 90–11–3– Dated: November 10, 2010. 08159. Fish and Wildlife Service Randy A. Brown, During the public comment period, Designated Federal Officer, Arcata Fish and the Consent Decree, may also be [FWS–R8–FHC–2010–N253; 81331–1334– Wildlife Office, Arcata, CA. 8TWG–W4] examined on the following Department [FR Doc. 2010–28928 Filed 11–18–10; 8:45 am] of Justice website, to Trinity Adaptive Management Working BILLING CODE 4310–55–P http://www.usdoj.gov/enrd/ _ Group Consent Decrees.html. A copy of the Consent Decree may also be obtained by AGENCY: Fish and Wildlife Service, DEPARTMENT OF JUSTICE mail from the Consent Decree Library, Interior. P.O. Box 7611, U.S. Department of ACTION: Notice of meeting. Notice of Lodging of Consent Decree Justice, Washington, DC 20044–7611 or Pursuant to Oil Pollution Act by faxing or e-mailing a request to Tonia SUMMARY: The Trinity Adaptive Fleetwood ([email protected]), Management Working Group (TAMWG) Notice is hereby given that on fax no. (202) 514–0097, phone affords stakeholders the opportunity to November 15, 2010, a proposed consent confirmation number (202) 514–1547. In give policy, management, and technical decree in United States, et al. v. requesting a copy from the Consent input concerning Trinity River Bouchard Transportation Company, Decree Library, please enclose a check (California) restoration efforts to the Inc., et al., Civil Action No. 1:10–cv– in the amount of $13.50 (25 cents per Trinity Management Council (TMC). 11958–NMG, was lodged with the page reproduction costs of Consent The TMC interprets and recommends United States District Court for the Decree and Appendices) payable to the policy, coordinates and reviews District of Massachusetts. U.S. Treasury or, if by email or fax, management actions, and provides The proposed consent decree will forward a check in that amount to the organizational budget oversight. This settle a portion of the claims of the Consent Decree Library at the stated notice announces a TAMWG meeting, United States (on behalf of the address. which is open to the public. Department of Commerce/National Maureen Katz, DATES: TAMWG will meet from 9:30 Oceanic and Atmospheric Administration and the Department of Assistant Chief, Environmental Enforcement a.m. to 5 p.m. on Tuesday, December 14, Section, Environment and Natural Resources 2010. the Interior/Fish and Wildlife Service), the Commonwealth of Massachusetts, Division. ADDRESSES: The meeting will be held at and the State of Rhode Island for natural [FR Doc. 2010–29158 Filed 11–18–10; 8:45 am] the Redding Library, 1100 Parkview, resource damages under the Oil BILLING CODE 4410–15–P Redding, CA 96001. Pollution Act, 33 U.S.C. 2701, et seq., FOR FURTHER INFORMATION CONTACT: (‘‘Trustees’’) against Bouchard Meeting Information: Randy A. Brown, Transportation Company, Inc., and DEPARTMENT OF JUSTICE TAMWG Designated Federal Officer, ‘‘ ’’ related companies ( Defendants ) Notice of Lodging of Proposed U.S. Fish and Wildlife Service, 1655 relating to an oil spill from the tank Heindon Road, Arcata, CA 95521; Consent Decree Under the Resource barge Bouchard No. 120, which Conservation and Recovery Act telephone: (707) 822–7201. Trinity River occurred in April 2003 in Buzzards Bay. Restoration Program (TRRP) Pursuant to the proposed consent Notice is hereby given that on Information: Jennifer Faler, Acting decree, the Defendants will pay November 15, 2010, a proposed Consent Executive Director, Trinity River $6,076,393 as natural resource damages Decree was filed with the United States Restoration Program, P.O. Box 1300, to the Trustees. In addition, the District Court for the Western District of 1313 South Main Street, Weaverville, Defendants acknowledge the payment of Missouri in United States et al. v. HPI CA 96093; telephone: (530) 623–1800; $1,573,529 to the Trustees for Products, Inc., et al., No. 08–06133 e-mail: [email protected]. reimbursement of their assessment (W.D. Mo.). The proposed Consent SUPPLEMENTARY INFORMATION: Under costs. Decree entered into by the United States section 10(a)(2) of the Federal Advisory The Department of Justice will receive and the State of Missouri and Committee Act (5 U.S.C. App.), this for a period of thirty (30) days from the Defendants HPI Products, Inc., St. notice announces a meeting of the date of this publication comments Joseph Properties, LLC, and William

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Garvey, resolves the United States’ and reproduction cost) payable to the U.S. Policy, Planning and Program Missouri’s claims against the Treasury. Development, Office of Federal Contract Defendants under the hazardous waste Compliance Programs, 200 Constitution Maureen Katz, generation, storage, and transport Avenue, NW., Room N3422, provisions of the Resource Conservation Assistant Section Chief, Environmental Washington, DC 20210. Telephone: and Recovery Act, 42 U.S.C. 6901 Enforcement Section, Environment and Natural Resources Division. (202) 693–0102 (voice) or (202) 693– (RCRA) et seq., the pre-treatment 1337 (TTY). requirements of the Federal Water [FR Doc. 2010–29159 Filed 11–18–10; 8:45 am] Instructions: Please submit one copy Pollution Control Act (Clean Water Act), BILLING CODE 4410–15–P of your comments by only one method. 40 CFR Part 403 and 33 U.S.C. 1311, All submissions received must include 1317, 33 U.S.C. 1251 et seq., and the the agency name and Control Number Emergency Planning and Community DEPARTMENT OF LABOR identified above for this information Right to Know Act (EPCRA), 42 U.S.C. collection. Because we continue to Office of Federal Contract Compliance 11001 et seq., related to their generation, experience delays in receiving mail in Programs storage, and transport of hazardous the Washington, DC area, commenters wastes at six HPI facilities in St. Joseph, Proposed Extension of the Approval of are strongly encouraged to transmit their Missouri. Under the terms of the Information Collection Requirements comments electronically via the Consent Decree, the Defendants shall regulations.gov Web site or to submit pay a civil penalty to the United States AGENCY: Office of Federal Contract them by mail early. Comments, of $75,000 and a civil penalty to the Compliance Programs, Labor. including any personal information State of $75,000 and Garvey will be ACTION: Notice. provided, become a matter of public required to sell his collection of classic record and will be posted to the cars, boats, and parts and turn over SUMMARY: The Department of Labor, as regulations.gov Web site. They will also ninety percent of the proceeds to the part of its continuing effort to reduce be summarized and/or included in the United States and Missouri as a further paperwork and respondent burden, request for Office of Management and civil penalty. In addition, HPI will conducts a preclearance consultation Budget approval of the information investigate and clean up any program to provide the general public collection request. contamination at the six facilities. and Federal agencies with an FOR FURTHER INFORMATION CONTACT: The Department of Justice will receive opportunity to comment on proposed Terry R. Hankerson, Chief, Regulations comments relating to the proposed and/or continuing collections of Development and Evaluation Branch, Consent Decree for a period of thirty information in accordance with the Division of Policy, Planning and (30) days from the date of this Paperwork Reduction Act of 1995 Program Development, Office of Federal publication. Comments should be (PRA95). 44 U.S.C. 3506(c)(2)(A). This Contract Compliance Programs, 200 addressed to the Assistant Attorney program helps to ensure that requested Constitution Avenue, NW., Room General, Environment and Natural data can be provided in the desired N3422, Washington, DC 20210. Resources Division, and either e-mailed format, reporting burden (time and Telephone: (202) 693–0102 (voice) or to [email protected] or financial resources) is minimized, (202) 693–1337 (TTY) (these are not toll- mailed to P.O. Box 7611, U.S. collection instruments are clearly free numbers). Copies of this notice may Department of Justice, Washington, DC understood, and the impact of collection be obtained in alternative formats (Large 20044–7611, and should refer to United requirements on respondents can be States et al. v. HPI Products, Inc., et al., Print, Braille, Audio Tape or Disc), upon properly assessed. Currently, the Office request, by calling (202) 693–0102 (not DJ Ref. No. 90–5–1–1–09338. of Federal Contract Compliance The proposed Agreement may be a toll-free number). TTY/TDD callers Programs is soliciting comments may call (202) 693–1337 (not a toll-free examined at the Office of the United concerning its proposal to extend the States Attorney for the Western District number) to obtain information or Office of Management and Budget request materials in alternative formats. of Missouri, Charles Evans Whittaker (OMB) approval of the Information Courthouse, Room 5510, 400 East 9th SUPPLEMENTARY INFORMATION: Collection: Complaint Form CC–4, I. Background: The Office of Federal Street, Kansas City, MO 64106, and at Complaint of Discrimination in the Environmental Protection Agency, Contract Compliance Programs (OFCCP) Employment under Federal Government is responsible for the administration of Region 7, 901 N. 5th St., Kansas City, KS Contracts. A copy of the proposed 66101. During the public comment three equal opportunity programs: information collection request can be Executive Order 11246, as amended; period, the proposed Agreement may obtained by contacting the office listed also be examined on the following Section 503 of the Rehabilitation Act of below in the FOR FURTHER INFORMATION Department of Justice Web site, 1973, as amended; and 38 U.S.C. 4212, CONTACT section of this Notice. http://www.usdoj.gov/enrd/ the Vietnam Era Veterans’ Readjustment Consent_Decrees.html. A copy of the DATES: Written comments must be Assistance Act of 1974, as amended proposed Agreement may also be submitted to the office listed in the (VEVRAA). These programs require obtained by mail from the Consent ADDRESSES section below on or before affirmative action by Federal contractors Decree Library, P.O. Box 7611, U.S. January 18, 2011. and subcontractors and prohibit Department of Justice, Washington, DC ADDRESSES: You may submit comments, discrimination on the basis of race, 20044–7611 or by faxing or e-mailing a identified by Control Number 1250– color, sex, religion, national origin, request to Tonia Fleetwood 0002, by either one of the following status as a qualified individual with ([email protected]), fax no. methods: disabilities or protected veteran. No (202) 514–0097, phone confirmation Electronic comments: Through the private right of action exists under the number (202) 514–1547. In requesting a Federal eRulemaking Portal: three programs that are enforced by the copy from the Consent Decree Library, http://www.regulations.gov. Follow the U.S. Department of Labor (DOL), i.e., a please enclose a check in the amount of instructions for submitting comments. private individual may not bring a $14.50, or 37.25 (if attachments are Mail, Hand Delivery, Courier: Sandra lawsuit against an employer (or requested) (25 cents per page M. Dillon, Deputy Director, Division of prospective employer) for

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noncompliance with its contractual functions of the agency, including DEPARTMENT OF LABOR obligations under the laws enforced by whether the information will have OFCCP. However, any employee or practical utility; Employment and Training Administration applicant for employment with a • Evaluate the accuracy of the Government contractor may file a agency’s estimate of the burden of the complaint with the Department of Labor Proposed Information Collection for proposed collection of information, alleging discrimination by completing the Evaluation of the Aging Worker Complaint Form CC–4, Complaint of including the validity of the Initiative; Comment Request methodology and assumptions used; Discrimination in Employment under AGENCY: Employment and Training • Federal Government Contracts. DOL Enhance the quality, utility and Administration, Labor. investigates the complaint but retains clarity of the information to be ACTION: Notice. the discretion whether to pursue collected; and prosecution. If a complaint filed under • Minimize the burden of the SUMMARY: The U.S. Department of Executive Order 11246, as amended, collection of information on those who Labor, as part of its continuing effort to involves discrimination against only reduce paperwork and respondent are to respond, including through the one person, the OFCCP may refer it to burden conducts a preclearance the U.S. Equal Employment use of appropriate automated, consultation program to provide the Opportunity Commission (EEOC). Such electronic, mechanical, or other general public and federal agencies with referrals are made under a technological collection techniques or an opportunity to comment on proposed Memorandum of Understanding other forms of information technology, and/or continuing collections of between the two Federal agencies. e.g., permitting electronic submissions information in accordance with the Complaints that involve groups of of responses. Paperwork Reduction Act of 1995 people or indicate patterns of III. Current Actions: The DOL seeks (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This discrimination are generally the approval of the extension of this program helps to ensure that requested investigated by the OFCCP. The information in order to carry out its data can be provided in the desired program also investigates individual or responsibility to enforce the affirmative format, reporting burden (time and group complaints filed under the action and anti-discrimination financial resources) is minimized, disability and veterans laws. Under provisions of the three Acts, which it collection instruments are clearly Executive Order 11246, as amended, the administers. understood, and the impact of collection authority for collection of complaint requirements on respondents can be information is Section 206(b). The Type of Review: Extension. properly assessed. Currently, the implementing regulations which specify Agency: Office of Federal Contract Employment and Training the content of this information Compliance Programs. Administration is soliciting comments collection are found at 41 CFR 60– Title: Complaint Form CC–4, concerning the collection of information 1.23(a). for Evaluation of the Aging Worker Under the Vietnam Era Veterans’ Complaint of Discrimination in Employment under Federal Government Initiative (AWI). The information Readjustment Assistance Act of 1974, as collection will not be conducted until Contracts. amended, the authority for collecting approved by OMB and it will display complaints information is at 38 U.S.C. OMB Number: 1250–0002. the OMB control number. There will be 4212(b). The implementing regulations Agency Number: None. no penalty assessed for failure to which specify the content of this Affected Public: Business or other for- respond to this approved information information collection are found at 41 collection. A copy of the proposed profit, Not-for-profit institutions. CFR 60–250.61(b) and 41 CFR 60– information collection request can be 300.61(b). Section 503 of the Total Respondents: 602. obtained by contacting the office listed Rehabilitation Act of 1973, as amended, Total Annual Responses: 602. below in the ADDRESSES section of this is the authority for collecting complaint notice. information under the statute. The Average Time per Response: 1.28 DATES: Written comments must be implementing regulations which specify hours. submitted to the office listed in the the content of this information Estimated Total Burden Hours: 770. addressee’s section below on or before collection are found at 41 CFR 60– Frequency: On occasion. January 18, 2011. 741.61(c). This information collection request covers the recordkeeping and Total Burden Cost (capital/startup): ADDRESSES: Submit written comments reporting requirements for the $0. to Charlotte Schifferes, Office of Policy Development and Research, Room Complaint Form CC–4, Complaint of Total Burden Cost (operating/ N–5641, Employment and Training Discrimination in Employment under maintenance): $282.94. Federal Government Contracts. A Administration, 200 Constitution separate information collection request Comments submitted in response to Avenue, NW., Washington, DC 20210. covers the recordkeeping and reporting this notice will be summarized and/or Telephone number: 202–693–3655 (this requirements for supply and service included in the request for Office of is not a toll-free number). Fax: 202–693– industries, and is approved under OMB Management and Budget approval of the 2766. E-mail: 1250–0003. This information collection information collection request; they will [email protected]. is currently approved for use through also become a matter of public record. SUPPLEMENTARY INFORMATION: September 30, 2011. Dated: November 15, 2010. II. Review Focus: The DOL is I. Background Michel Smyth, particularly interested in comments The proposed information collection which: Departmental Clearance Officer. is for an evaluation of 10 grants, totaling • Evaluate whether the proposed [FR Doc. 2010–29218 Filed 11–18–10; 8:45 am] $13 million, which comprise the AWI. collection of information is necessary BILLING CODE 4510–CM–P The AWI grants, provided to local for the proper performance of the agencies, are being used to test new

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occupational training and workforce occasions, using a secure FTP site or by III. Current Actions services for workers aged 55 and older. CD, at the grantee’s discretion. Type of Review: New. The evaluation will examine II. Review Focus implementation of the grants, document Agency: Employment and Training the types of interventions, assess The U.S. Department of Labor is Administration. attributes of these treatments, estimate particularly interested in comments Title: Evaluation of the Aging Worker their success in helping aging workers which: Initiative Grants. become or remain employed, and • Evaluate whether the proposed OMB Number: 1205–0NEW. discuss the potential for implementation collection of information is necessary Record Keeping: NA. of various methods in the broader for the proper performance of the Affected Public: Staff in local workforce system. functions of the agency, including organizations administering the AWI Office of Management and Budget whether the information will have grants; partner organizations (such as (OMB) clearance of the information practical utility; community colleges, local workforce • collection is needed since it will involve Evaluate the accuracy of the agencies, and businesses); and (1) two rounds of site visits with the ten agency’s estimate of the burden of the individuals who apply for services grantees, (2) phone reconnaissance with proposed collection of information, under the AWI grants. the ten grantees, and (3) additional including the validity of the Total Respondents: 7,300. participant-level data, beyond what is methodology and assumptions used; Frequency: Varies according to type of needed for the OMB-approved quarterly • Enhance the quality, utility, and respondent and the nature of the data and Common Measures reporting clarity of the information to be collection; once for participants and requirements for High Growth Job collected; and Training Grants (as required for the AWI • Minimize the burden of the twice for administrative personnel. grants). The additional data is needed to collection of information on those who Total Annual Responses: Varies. understand in greater detail the are to respond, including through the Average Time per Response: Varies as characteristics of participants, the use of appropriate automated, per type of data collected. services provided to them, and the electronic, mechanical, or other Estimated Total Burden Hours: 4,351 linkages among different programs in technological collection techniques or hours. providing services. Each grantee will other forms of information technology, Total Burden Cost: The estimated also need to provide the participant data e.g., permitting electronic submissions total burden cost is $98,422 as shown to the evaluation contractor on two of responses. below:

Average number Total number Hours/ Average cost/ respondents respondents respondent Total hours hour Total cost per site

Round 1 site visit ...... 18 180 1.2 216 $29.82 $6,441 Round 2 site visit ...... 25 250 1.2 300 30.92 9,276 Data/MIS—participants ...... 685 6,850 0.5 3,425 20.25 69,356 Data/MIS—Grantee staff ...... 1 10 40.0 400 32.50 13,000 Telephone Reconnaissance ...... 1 10 1.0 10 34.94 349

Total ...... 730 7,300 ...... 4,351 ...... 98,422

Comments submitted in response to DEPARTMENT OF LABOR and to create working capital. The office this comment request will be and mine are to be located in Sullivan, summarized and/or included in the Employment and Training Indiana and Greene County, Indiana, request for OMB approval of the Administration respectively. The NAICS industry code information collection request; they will for this enterprise is: 212112 Request for Certification of Bituminous Coal Underground Mining. also become a matter of public record. Compliance—Rural Industrialization Signed: At Washington, DC, this 15th day Loan and Grant Program DATES: All interested parties may submit of November 2010. comments in writing no later than AGENCY: Employment and Training December 3, 2010. Jane Oates, Administration, Labor. Copies of adverse comments received Assistant Secretary, Employment and ACTION: Notice. will be forwarded to the applicant noted Training Administration. above. [FR Doc. 2010–29202 Filed 11–18–10; 8:45 am] SUMMARY: The Employment and ADDRESSES: Address all comments BILLING CODE 4510–FN–P Training Administration is issuing this notice to announce the receipt of a concerning this notice to Anthony D. ‘‘Certification of Non-Relocation and Dais, U.S. Department of Labor, Market and Capacity Information Employment and Training Report’’ (Form 4279–2) for the following: Administration, 200 Constitution Applicant/Location: Lily Group, Inc. Avenue, NW., Room S–4231, dba Landree Mine/Indianapolis, Washington, DC 20210; or e-mail Indiana. [email protected]; or transmit via Principal Product/Purpose: The loan, fax (202) 693–3015 (this is not a toll-free guarantee, or grant application is to number). construct a new mine and related FOR FURTHER INFORMATION CONTACT: buildings, purchase mining equipment, Anthony D. Dais, at telephone number

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(202) 693–2784 (this is not a toll-free FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: NCD published a Sunshine number). John Emond, Office of Chief Act Meeting Notice in the Federal SUPPLEMENTARY INFORMATION: Section Technologist, National Aeronautics and Register on November 12, 2010, 188 of the Consolidated Farm and Rural Space Administration, Washington, DC notifying the public of a quarterly Development Act of 1972, as established 20546. Phone 202–358–1686, fax: 202– meeting in Washington, DC. The times under 29 CFR Part 75, authorizes the 358–3878, [email protected]. have been changed for a portion of the United States Department of Agriculture SUPPLEMENTARY INFORMATION: The meeting on December 3. to make or guarantee loans or grants to agenda for the meeting includes a FOR FURTHER INFORMATION CONTACT: finance industrial and business briefing from the NASA Commercial Mark Quigley, Director of activities in rural areas. The Secretary of Space Team, a briefing on activities of Communications, NCD, 1331 F Street, Labor must review the application for the Education and Public Outreach NW., Suite 850, Washington, DC 20004; financial assistance for the purpose of Committee, and an administrative 202–272–2004 (voice), 202–272–2074 certifying to the Secretary of Agriculture discussion on Committee plans for the TTY; 202–272–2022 Fax. coming year. that the assistance is not calculated, or Correction likely, to result in: (a) A transfer of any The meeting will be open to the employment or business activity from public up to the seating capacity of the In the Federal Register on November one area to another by the loan room. It is imperative that the meeting 12, 2010, in FR Doc. 2010–28647, on applicant’s business operation; or, (b) be held on this date to accommodate the page 69473, correct Matters to be An increase in the production of goods, scheduling priorities of the key Considered for December 3 to read: materials, services, or facilities in an participants. Visitors will need to show December 3 area where there is not sufficient a valid picture identification such as a 8:30 a.m.–9:30 a.m. Speaker on demand to employ the efficient capacity driver’s license to enter the NASA Fiscal/Deficit Commission of existing competitive enterprises Headquarters building (West Lobby— 9:30 a.m.–11:30 a.m. Continuation of unless the financial assistance will not Visitor Control Center), and must state NCD Open Meeting have an adverse impact on existing that they are attending the NASA 11:30 a.m. Adjournment competitive enterprises in the area. The Advisory Council Commercial Space Dated: November 17, 2010. Employment and Training Committee meeting in the Glennan Aaron Bishop, Administration within the Department Conference Center room 1Q39 before Executive Director. receiving an access badge. All non-U.S. of Labor is responsible for the review [FR Doc. 2010–29378 Filed 11–17–10; 4:15 pm] citizens must fax a copy of their and certification process. Comments BILLING CODE 6820–MA–P should address the two bases for passport, and print or type their name, certification and, if possible, provide current address, citizenship, company affiliation (if applicable) to include data to assist in the analysis of these NATIONAL SCIENCE FOUNDATION issues. address, telephone number, and their title, place of birth, date of birth, U.S. Signed: At Washington, DC, this 15th day Proposal Review Panel for Physics; of November 2010. visa information to include type, Notice of Meeting number, and expiration date, U.S. Social Jane Oates, Security Number (if applicable), and In accordance with the Federal Assistant Secretary for Employment and place and date of entry into the U.S., fax Advisory Committee Act (Pub. L. 92– Training. to John Emond, NASA Advisory 463, as amended), the National Science [FR Doc. 2010–29200 Filed 11–18–10; 8:45 am] Council Commercial Space Committee Foundation announces the following BILLING CODE 4510–FN–P Executive Secretary, FAX: (202) 358– meeting. 3878, by no later than Wednesday Name: LIGO Laboratory Annual Review at December 7, 2010. To expedite Hanford Observatory for Physics (1208). NATIONAL AERONAUTICS AND admittance, attendees with U.S. Date and Time: Tuesday, December 7, SPACE ADMINISTRATION citizenship can provide identifying 2010: 8:15 a.m.–5 p.m. [Notice: (10–148)] information 3 working days in advance Wednesday, December 8, 2010: 8:15 a.m.– by contacting John Emond via email at 5 p.m. NASA Advisory Council; NASA [email protected] or by telephone Thursday, December 9, 2010: 8:30 a.m.– Commercial Space Committee; at (202) 358–1686 or fax: (202) 358– 11:30 a.m. Place: LIGO site at Hanford, Washington. Meeting 3878. Type of Meeting: Partially Closed. AGENCY: National Aeronautics and Dated: November 15, 2010. Contact Person: Thomas Carruthers, Space Administration. P. Diane Rausch, Program Director, Division of Physics, National Science Foundation, (703) 292– Advisory Committee Management Officer, ACTION: Notice of meeting. 7373. National Aeronautics and Space Purpose of Meeting: To provide an Administration. SUMMARY: In accordance with the evaluation of the project construction for Federal Advisory Committee Act, Public [FR Doc. 2010–29142 Filed 11–18–10; 8:45 am] implementation of the AdvLIGO project to Law 92–463, as amended, the National BILLING CODE P the National Science Foundation. Aeronautics and Space Administration Agenda announces a meeting of the Commercial Space Committee of the NASA Advisory NATIONAL COUNCIL ON DISABILITY Tuesday, December 7, 2010 Council. (NCD) 8:15 a.m.–8:30 a.m. Open—Sign in DATES: Tuesday, December 14, 2010, 8:45 a.m.–9:15 a.m. Closed—Executive 1:30 p.m.–4:30 p.m., Local Time. Sunshine Act Meetings Session 9:15 a.m.–11:45 a.m. Open—Welcome, ADDRESSES: NASA Headquarters, 300 E Notice, Correction LIGO status, Reporting Metrics Street, SW., Glennan Conference Center 12:45 p.m.–2:45 p.m. Open—S6 Science Room 1Q39, Washington, DC 20546. TYPE: Quarterly Meeting. run, performance, risk reduction

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3:15 p.m.–4:30 p.m. Data Management, 12:15 p.m.–1:15 p.m. Lunch with grad 5:20 p.m. Executive session (Closed) LIGO Australia, LSC status students Wednesday, Dec. 1 5 p.m. Closed—Executive Session 1:15 p.m.–2:30 p.m. Tour 2:30 p.m.–3:15 p.m. Microboone (Willis) 8:30 a.m. Executive session (Closed) Wednesday, December 8, 2010 3:15 p.m.–4 p.m. ATLAS/D0 (Parsons) 9:15 a.m. Rijssenbeek research (video) 8:15 a.m.–8:30 a.m. Open—Sign in 4 p.m.–4:15 p.m. Break 9:55 a.m. Schamberger research 9:45 a.m.–9:15 a.m. Closed—Executive 4:15 p.m.–5 p.m. ATLAS/D0 (Brooijmans) 10:35 a.m. Break Session 5 p.m.–5:45 p.m. Budget Discussion 10:50 a.m. Engelmann research 10:00 a.m.–10:30 a.m. Open—Meeting with 5:45 p.m.–6:45 p.m. Executive session 11:30 a.m. Hobbs research LIGO Oversight Committee (closed) 12:10 p.m. Lunch 10:45 a.m.–11:45 a.m. Open—EPO, 1:15 p.m. McCarthy research Friday–Dec. 3 diversity, Review of AdvLIGO MREFC 2 p.m. Budget and Panel-PI discussion 12:45 p.m.–4:15 p.m. Open—Project 8:30 a.m.–9:15 a.m. Executive session 3 p.m. Break discussions, tour, Q&A discussions (closed) 3:15 p.m. Executive session (Closed) 5 p.m. Closed—Executive Session 9:15 a.m.–10 a.m. ATLAS (Hughes) Reason for Closing: The proposal contains 10 a.m.–10:15 a.m. Break proprietary or confidential material including Thursday, December 9, 2010 10:15 a.m.–11 a.m. ATLAS (Tuts) technical information; financial data, such as 8:30 a.m.–8:45 a.m. Open—Sign in 11 a.m.–11:30 a.m. Outreach (Parsons) salaries; and personal information 9 a.m.–10:45 a.m. Closed—Executive 11:30 a.m.–12:15 p.m. Panel-PI discussions concerning individuals associated with the Session report writing 12:15 p.m.–1:15 p.m. Lunch with postdocs proposals. These matters are exempt under 5 11:30 a.m. Adjourn 1:15 p.m.–2:30 p.m. Executive session U.S.C. 552b(c) and (6) of the Government in Reason for Closing: The proposal contains (closed) the Sunshine Act. proprietary or confidential material, Reason for Closing: The proposal contains Dated: November 16, 2010. including technical information on proprietary or confidential material including personnel. These matters are exempt under 5 technical information; financial data, such as Susanne Bolton, U.S.C. 552b(c)(2)(4) and (6) of the salaries; and personal information Committee Management Officer. concerning individuals associated with the Government in the Sunshine Act. [FR Doc. 2010–29213 Filed 11–18–10; 8:45 am] proposals. These matters are exempt under 5 Dated: November 16, 2010. U.S.C. 552b(c) and (6) of the Government in BILLING CODE 7555–01–P Susanne Bolton, the Sunshine Act. Committee Management Officer. Dated: November 16, 2010. NUCLEAR REGULATORY [FR Doc. 2010–29187 Filed 11–18–10; 8:45 am] Susanne Bolton, COMMISSION BILLING CODE 7555–01–P Committee Management Officer. [FR Doc. 2010–29214 Filed 11–18–10; 8:45 am] [NRC–2009–0435] NATIONAL SCIENCE FOUNDATION BILLING CODE 7555–01–P Extension of Public Comment Period on the Draft Environmental Proposal Review Panel for Physics; NATIONAL SCIENCE FOUNDATION Assessment and Draft Finding of No Notice of Meeting Significant Impact for the Proposed Proposal Review Panel for Physics; License Renewal for Nuclear Fuel In accordance with the Federal Notice of Meeting Services, Inc., Erwin, TN Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science In accordance with the Federal AGENCY: U.S. Nuclear Regulatory Foundation announces the following Advisory Committee Act (Pub. L. 92– Commission. meeting. 463, as amended), the National Science ACTION: Extension of public comment Name: Columbia University FY11 Site Foundation announces the following period. Visit (1208). meeting. SUMMARY: On October 15, 2010, the U.S. Date and Time: Thursday, December 2, Name: Stony Brook FY11 Site Visit (1208). 2010, 8:15 a.m.–6:45 p.m. Friday, December Date and Time: Tuesday, November 30, Nuclear Regulatory Commission (NRC) 3, 2010, 8:30 a.m.–2:30 p.m. 2010, 1 p.m.–5:20 p.m. Wednesday, published a notice in the Federal Place: Columbia University, New York, December 1, 2010, 8:30 a.m.–4:15 p.m. Register (75 FR 63519), which NY. Place: Stony Brook—Long Island Campus. announced, in part, that the public Type of Meeting: Partially Closed. Type of Meeting: Partially Closed. comment period for the U.S. Nuclear Contact Person: Dr. Marvin Goldberg, Contact Person: Dr. Marvin Goldberg, Regulatory Commission’s (NRC’s) Draft Program Director for Elementary Particle Program Director for Elementary Particle Physics, National Science Foundation, 4201 Environmental Assessment (EA) and Physics, National Science Foundation, 4201 Draft Finding of No Significant Impact Wilson Blvd., Arlington, VA 22230. Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292–7392. Telephone: (703) 292–7392. (FONSI) for the proposed license Purpose of Meeting: To provide an Purpose of Meeting: To provide an renewal for operations at the Nuclear evaluation concerning the proposal evaluation concerning the proposal Fuel Services, Inc. (NFS) fuel fabrication submitted to the National Science submitted to the National Science facility in Erwin, Tennessee, closed on Foundation. Foundation. November 13, 2010. The purpose of this Agenda Agenda notice is to extend the public comment period on the Draft EA and Draft FONSI Thursday–Dec. 2 Tuesday, Nov. 30 to December 31, 2010. On October 26, 8:15 a.m.–9 a.m. Executive session (closed) 1 p.m. Executive session (Closed) 2010, the NRC held a public meeting in 9 a.m.–9:45 a.m. Lab overview (Shaevitz) 1:15 p.m. Group Overview (JH) Erwin, Tennessee, as part of the public 9:45 a.m.–10:30 a.m. Veritas, ACT 1:30 p.m. Atlas Overview (JH) comment process for the Draft EA and (Humensky) 2 p.m. D0 Overview (PG) Draft FONSI. Additionally, members of 10:30 a.m.–10:45 a.m. Break 2:30 p.m. Outreach (RM) 10:45 a.m.–11:30 a.m. MiniBoone/SciBoone 3:10 p.m. Break the public have been submitting written (Shaevitz) 3:20 p.m. Tour comments on the Draft EA and Draft 11:30 a.m.–12:15 p.m. Double Chooz 4 p.m. Grannis research FONSI since the initial notice of (Camilleri) 4:40 p.m. Tsybychev research availability of these documents was

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published on October 15, 2010. In copied, for a fee, publicly available Pursuant to 10 CFR 51.33(a), the NRC response to requests received in writing, documents related to the NFS facility staff is making the Draft FONSI and the comment period on the Draft EA and and license renewal at the NRC’s PDR, Draft EA available for public review and Draft FONSI is being extended to located at One White Flint North, 11555 comment. The public comment period December 31, 2010. Rockville Pike (first floor), Rockville, is extended with publication of this DATES: The comment period for the Maryland 20852. Members of the public Notice and continues until December notice published October 15, 2010 (75 can contact the NRC’s PDR reference 31, 2010. FR 63519), is extended to December 31, staff by calling 1–800–397–4209, by Dated at Rockville, Maryland, this 16th day 2010. The NRC will consider comments faxing a request to 301–415–3548, or by of November 2010. received or postmarked after that date to e-mail to [email protected]. For the Nuclear Regulatory Commission. NRC’s Agencywide Documents Access the extent practical. Written comments Kevin Hsueh, should be submitted as described in the and Management System (ADAMS): Members of the public can access the Acting Deputy Director, Environmental ADDRESSES section of this notice. Protection and Performance Assessment ADDRESSES: Members of the public may NRC’s ADAMS at http://www.nrc.gov/ Directorate, Division of Waste Management submit comments by any one of the reading-rm/adams.html. From this Web and Environmental Protection, Office of following methods. Please include site, the Draft FONSI (ADAMS Federal and State Materials and Docket ID NRC–2009–0435 in the Accession Number: ML102790260) and Environmental Management Programs. subject line of your comments. supporting Draft EA (ADAMS Accession [FR Doc. 2010–29364 Filed 11–18–10; 8:45 am] Electronic Mail: Comments may be Number: ML102650505) can be obtained BILLING CODE 7509–01–P sent by electronic mail to the following by entering the accession numbers address: [email protected]. provided. Federal Rulemaking Web site: Go to Federal Rulemaking Web site: Public NUCLEAR REGULATORY http://www.regulations.gov and search comments and supporting materials COMMISSION related to this notice can be found at for documents filed under Docket ID [Docket No. 50–302; NRC–2010–0105] NRC–2009–0435. Comments may be http://www.regulations.gov by searching submitted electronically through this on Docket ID: NRC–2009–0435. Florida Power Corporation, et al.; Additionally, copies of the Draft Web site. Address questions about NRC Crystal River Unit 3 Nuclear FONSI and supporting Draft EA are dockets to Carol Gallagher, 301–492– Generating Plant; Exemption available at the following public 3668, e-mail [email protected]. Mail comments to: Cindy Bladey, libraries: 1.0 Background Chief, Rules, Announcements, and Unicoi County Public Library, 201 Florida Power Corporation (FPC, the Directives Branch (RADB), Division of Nolichucky Avenue, Erwin, licensee) is the holder of Facility Administrative Services, Office of Tennessee 37650–1239. 423–743– Operating License No. DPR–72, which Administration, Mail Stop: TWB–05– 6533. authorizes operation of the Crystal River B01M, U.S. Nuclear Regulatory Jonesborough Branch, Washington Unit 3 Nuclear Generating Plant (CR–3). Commission, Washington, DC 20555– County Library, 200 Sabin Drive, The license provides, among other 0001, or by fax to RADB at 301–492– Jonesborough, Tennessee 37659–1306. things, that the facility is subject to all 3446. 423–753–1800. rules, regulations, and orders of the U.S. Comments submitted in writing or in Greeneville/Green County Public Nuclear Regulatory Commission (NRC, electronic form will be posted on the Library, 210 North Main Street, the Commission) now or hereafter in NRC Web site and on the Federal Greeneville, Tennessee 37745–3816. effect. rulemaking Web site http:// 423–638–5034. The facility consists of one www.regulations.gov. Unless your FOR FURTHER INFORMATION CONTACT: For pressurized-water reactor located in comments contain sensitive information information about the Draft FONSI, the Citrus County, Florida. typically not released to the public by Draft EA, or the environmental review 2.0 Request/Action NRC policy, the NRC will make all process, please contact James Park at comments publicly available. Because 301–415–6935 or [email protected]. Title 10 of the Code of Federal your comments will not be edited to For general or technical information Regulations (10 CFR) part 73, ‘‘Physical remove any identifying information, the associated with the review of the NFS protection of plants and materials,’’ NRC cautions you against including any license renewal application, please Section 73.55, ‘‘Requirements for information in your submission that you contact Kevin Ramsey at 301–492–3123 physical protection of licensed activities do not want to be publicly disclosed. or [email protected]. in nuclear power reactors against The NRC requests that any party SUPPLEMENTARY INFORMATION: The Draft radiological sabotage,’’ published as a soliciting or aggregating comments FONSI and supporting Draft EA are a final rule in the Federal Register on received from other persons for preliminary analysis of the March 27, 2009, effective May 26, 2009, submission to the NRC inform those environmental impacts of the proposal with a full implementation date of persons that the NRC will not edit their by NFS to renew its NRC license and March 31, 2010, requires licensees to comments to remove any identifying or reasonable alternatives to that proposal. protect, with high assurance, against contact information, and therefore, they Based on comments received on the radiological sabotage by designing and should not include any information in Draft FONSI and Draft EA, the staff may implementing comprehensive site their comments that they do not want publish a Final FONSI and Final EA, or security plans. The amendments to 10 publicly disclosed. instead may find that preparation of an CFR 73.55 published on March 27, 2009 Availability: Publicly available Environmental Impact Statement (EIS) (74 FR 13926), establish and update documents related to this notice can be is warranted should significant impacts generically applicable security accessed using any of the methods resulting from the proposed action be requirements similar to those previously described in this section. identified. Should an EIS be warranted, imposed by Commission orders issued NRC’s Public Document Room (PDR): a Notice of Intent to prepare the EIS will after the terrorist attacks of September The public may examine and have be published in the Federal Register. 11, 2001, and implemented by licensees.

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In addition, the amendments to 10 CFR Commission-approved Physical Security Crystal River Schedule Exemption 73.55 include additional requirements Plan, Training and Qualification Plan, Request to further enhance site security based Safeguards Contingency Plan, and Cyber The licensee provided detailed upon insights gained from Security Plan referred to collectively information in its letter dated implementation of the post-September hereafter as ‘security plans.’ ’’ In September 8, 2010, describing the 11, 2001, security orders. accordance with 10 CFR 73.5, the reason and justification for an By letter dated March 25, 2010 Commission may, upon application by exemption to extend the (ADAMS Accession No. ML100630530), any interested person or upon its own implementation dates for the four the NRC granted an exemption to the initiative, grant exemptions from the remaining requirements. Additionally, licensee for four specific items subject requirements of 10 CFR part 73 when the licensee has provided information to the revised rule in 10 CFR 73.55, the exemptions are authorized by law, regarding the expanded scope for allowing the implementation of two and will not endanger life or property or projects at CR–3 and the impacts on the items to be extended until November 15, the common defense and security, and licensee’s ability to meet the current 2010, and the implementation of two are otherwise in the public interest. implementation dates of November 15, other items until December 15, 2010. All NRC approval of this exemption and December 15, 2010. The licensee other physical security requirements would allow an additional extension established by this rulemaking have from the implementation dates changed the scope significantly to been implemented by the licensee. approved under a previous exemption ensure that its new plans will meet By letter dated September 8, 2010, the from November 15 and December 15, regulatory requirements. Because of the licensee requested an exemption in 2010, to December 15, 2011, and March change, the licensee could not meet the accordance with 10 CFR 73.5, ‘‘Specific 15, 2012, respectively, for four specific implementation dates granted by the exemptions.’’ Portions of the licensee’s remaining requirements of the final rule. previous exemption. The licensee is September 8, 2010, letter contain As stated above, 10 CFR 73.5 allows the now constructing a new two-story security-related information and, NRC to grant exemptions from the building to meet these requirements and accordingly, a redacted version of this requirements of 10 CFR 73. The NRC this excavation and construction letter is available for public review in staff has determined that granting of the expands the project to well beyond the the Agencywide Documents Access and licensee’s proposed exemption would implementation dates in the previously Management System Accession not result in a violation of the Atomic granted exemption, thus prompting this (ADAMS) No. ML102530129. The Energy Act of 1954, as amended, or the exemption request. Portions of the licensee requested this exemption to Commission’s regulations. Therefore, September 8, 2010, letter contain allow an additional extension from the the exemption is authorized by law. security-related information regarding current implementation dates granted in In the draft final rule provided to the the site security plan, details of specific the prior exemption for the four specific Commission, the NRC staff proposed portions of the regulation from which remaining requirements that involve that the requirements of the new the licensee seeks exemption, significant physical upgrades to the regulation be met within 180 days. The justification for the additional extension CR–3 security systems. The licensee Commission directed a change from 180 request, a description of the required requested the previous exemption based days to approximately 1 year for changes to the site’s security on the conceptual design information licensees to fully implement the new configuration, and a revised timeline available at that time. The licensee has requirements. This change was with critical path activities that would further developed its design changes incorporated into the final rule. From enable the licensee to achieve full and has completed its discovery phase. this, it is clear that the Commission compliance by March 15, 2012. The Due to the unforeseen need for design wanted to provide a reasonable timeline provides dates indicating when changes and the associated analysis timeframe for licensees to reach full (1) Design activities will be completed necessary to achieve full compliance compliance. and approved, (2) construction of a new with the Final Rule, additional time is As noted in the final rule, the two-story building will be completed, needed to complete the complex revised Commission also anticipated that and (3) the new and relocated design and construction. Specifically, licensees would have to conduct site- equipment will be installed and tested. the licensee’s request is to extend the specific analyses to determine what The site-specific information implementation dates from November changes were necessary to implement provided within the CR–3 exemption 15 and December 15, 2010, to December the rule’s requirements, and that request is relative to the requirements 15, 2011, and March 15, 2012, changes could be accomplished through from which the licensee requested respectively. Granting this exemption a variety of licensing mechanisms, exemption and demonstrates the need extending the implementation dates for including exemptions. Since issuance of for modification to meet the four the four remaining items would allow the final rule, the Commission has specific remaining requirements of the licensee to perform necessary design rejected a request to generically extend 10 CFR 73.55. The proposed changes and to complete significant the rule’s compliance date for all implementation schedule depicts the physical modifications to the CR–3 operating nuclear power plants, but critical activity milestones of the security system including constructing a noted that the Commission’s regulations security system upgrades; is consistent new two-story building to meet the provide mechanisms for individual with the licensee’s solution for meeting Final Rule requirements. licensees, with good cause, to apply for the requirements; is consistent with the relief from the compliance date scope of the modifications and the 3.0 Discussion of Part 73 Schedule (Reference: June 4, 2009, letter from R. issues and challenges identified; and is Exemption From the March 31, 2010, W. Borchardt, NRC, to M. S. Fertel, consistent with the licensee’s requested Full Implementation Date Nuclear Energy Institute (ADAMS compliance date. Pursuant 10 CFR 73.55(a)(1), ‘‘By Accession No. ML091410309)). The Notwithstanding the proposed March 31, 2010, each nuclear power licensee’s request for an exemption is, schedule exemption for these four reactor licensee, licensed under 10 CFR therefore, consistent with the approach remaining requirements, the licensee part 50, shall implement the set forth by the Commission and will continue to be in compliance with requirements of this section through its discussed in the June 4, 2009, letter. all other applicable physical security

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requirements as described in 10 CFR In accordance with 10 CFR 51.32, 1. Persons who wish to provide a 73.55 and reflected in its current NRC- ‘‘Finding of no significant impact,’’ the written statement should submit an approved physical security program. By Commission has previously determined electronic copy to Ms. Cockerham at the March 15, 2012, CR–3 physical security that the granting of this exemption will contact information listed above. All system will be in full compliance with not have a significant effect on the submittals must be received by all of the regulatory requirements of 10 quality of the human environment (75 December 8, 2010, and must pertain to CFR 73.55, as published on March 27, FR 69710 dated November 15, 2010). the topic on the agenda for the meeting. 2009. This exemption is effective upon 2. Questions and comments from issuance. members of the public will be permitted 4.0 Conclusion for Part 73 Schedule during the meeting, at the discretion of Exemption Request Dated at Rockville, Maryland, this 15th day of November 2010. the Chairman. 3. The transcript will be available on The NRC staff has reviewed the For the Nuclear Regulatory Commission. licensee’s submittals and concludes that the ACMUI’s Web site (http:// Joseph G. Giitter, the licensee has provided adequate www.nrc.gov/reading-rm/doc- justification for its request for an Director, Division of Operating Reactor collections/acmui/tr/) on or about Licensing, Office of Nuclear Reactor January 13, 2011. A meeting summary extension of the previously authorized Regulation. implementation dates from November will be available on or about January 27, [FR Doc. 2010–29212 Filed 11–18–10; 8:45 am] 15 and December 15, 2010, with regard 2011. to four specified requirements of 10 CFR BILLING CODE 7590–01–P This meeting will be held in 73.55, to December 15, 2011, and March accordance with the Atomic Energy Act of 1954, as amended (primarily Section 15, 2012, respectively. This conclusion NUCLEAR REGULATORY 161a); the Federal Advisory Committee is based on the NRC staff’s COMMISSION determination that the licensee has Act (5 U.S.C. App); and the made a good faith effort to meet the Advisory Committee on the Medical Commission’s regulations in Title 10, requirements in a timely manner, has Uses of Isotopes: Meeting Notice U.S. Code of Federal Regulations, Part 7. sufficiently described the reason for the Dated: November 15, 2010. unanticipated delays, and has provided AGENCY: U.S. Nuclear Regulatory Andrew L. Bates, Commission. an updated detailed schedule with Advisory Committee Management Officer. adequate justification to the additional ACTION: Notice of meeting. [FR Doc. 2010–29211 Filed 11–18–10; 8:45 am] time requested for the extension. BILLING CODE 7590–01–P The long-term benefits that will be SUMMARY: The U.S. Nuclear Regulatory realized when the security systems Commission will convene a upgrade is complete justify extending teleconference meeting of the Advisory PENSION BENEFIT GUARANTY the full compliance date with regard to Committee on the Medical Uses of CORPORATION the specific requirements of 10 CFR Isotopes (ACMUI) on December 13, 2010, to discuss: (1) Patient release 73.55 for this particular licensee. The Proposed Submission of Information following iodine-131 therapy; security measures that CR–3 needs Collection for OMB Review; Comment (2) rulemaking and implementation additional time to implement are new Request; Liability for Termination of guidance for physical protection of requirements imposed by amendments Single-Employer Plans to 10 CFR 73.55, as published on March byproduct material; and (3) the impacts 27, 2009, and are in addition to those of the draft safety culture policy AGENCY: Pension Benefit Guaranty required by the security orders issued in statement for medical licensees. A copy Corporation. response to the events of September 11, of the agenda for the meeting will be ACTION: Notice of intention to request 2001. Accordingly, an exemption from available at http://www.nrc.gov/reading- extension of OMB approval. the March 31, 2010, implementation rm/doc-collections/acmui/agenda or by date is authorized by law and will not contacting Ms. Ashley Cockerham using SUMMARY: The Pension Benefit Guaranty endanger life or property or the common the information below. Corporation (PBGC) intends to request defense and security, and the DATES: The teleconference meeting will that the Office of Management and Commission hereby grants the requested be held on Monday, December 13, 2010, Budget (OMB) extend approval, under exemption. from 1 p.m. to 4 p.m. Eastern Standard the Paperwork Reduction Act, of a As per the licensee’s request and the Time. collection of information contained in NRC’s regulatory authority to grant an Public Participation: Any member of its regulation on Liability for exemption to the March 31, 2010, the public who wishes to participate in Termination of Single-Employer Plans, implementation date for the four items the teleconference discussion should 29 CFR Part 4062 (OMB control number specified in Attachment 1 of the FPC contact Ms. Cockerham using the 1212–0017; expires March 31, 2011). letter dated September 8, 2010, the contact information below. This notice informs the public of PBGC’s intent and solicits public licensee is required to implement two Contact Information: Ashley M. comment on the collection of items by December 15, 2011, and to Cockerham, e-mail: information. implement the remaining two items by [email protected], telephone: March 15, 2012. The licensee is required (240) 888–7129. DATES: Comments should be submitted to be in full compliance with 10 CFR by January 18, 2011. Conduct of the Meeting 73.55 by March 15, 2012. In achieving ADDRESSES: Comments may be compliance, the licensee is reminded Leon S. Malmud, M.D., will chair the submitted by any of the following that it is responsible for determining the meeting. Dr. Malmud will conduct the methods: appropriate licensing mechanism (i.e., meeting in a manner that will facilitate Federal eRulemaking Portal: 10 CFR 50.54(p) or 10 CFR 50.90) for the orderly conduct of business. The http://www.regulations.gov. Follow the incorporation of all necessary changes following procedures apply to public Web site instructions for submitting to its security plans. participation in the meeting: comments.

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E-mail: to request that OMB extend its approval December 10, 2010. See the Procedural [email protected]. for another three years. An agency may Schedule in the SUPPLEMENTARY Fax: 202–326–4224. not conduct or sponsor, and a person is INFORMATION section for other dates of Mail or Hand Delivery: Legislative and not required to respond to, a collection interest. Regulatory Department, Pension Benefit of information unless it displays a ADDRESSES: Submit comments Guaranty Corporation, 1200 K Street, currently valid OMB control number. electronically via the Commission’s NW., Washington, DC 20005–4026. PBGC estimates that an average of five Filing Online system at Comments received, including contributing sponsors or controlled http://www.prc.gov. Those who cannot personal information provided, will be group members per year will respond to submit comments electronically should posted to http://www.pbgc.gov. this collection of information. PBGC contact the person identified in the FOR Copies of the collection of further estimates that the average annual FURTHER INFORMATION CONTACT section information and comments may be burden of this collection of information obtained without charge by writing to by telephone for advice on filing will be 12 hours and $3,996 per alternatives. the Disclosure Division, Office of respondent, with an average total General Counsel, at the above address or annual burden of 60 hours and $19,980. FOR FURTHER INFORMATION CONTACT: by visiting the Disclosure Division or PBGC is soliciting public comments Stephen L. Sharfman, General Counsel, calling 202–326–4040 during normal to: at 202–789–6820 or business hours. (TTY/TDD users may Æ Evaluate whether the collection of [email protected]. call the Federal relay service toll-free at information is necessary for the proper SUPPLEMENTARY INFORMATION: Notice is 1–800–877–8339 and ask to be performance of the functions of the hereby given that pursuant to 39 U.S.C. connected to 202–326–4040.) The agency, including whether the 404(d), the Commission has received a regulation on Liability for Termination information will have practical utility; Æ petition for review of the closing of the of Single-Employer Plans can be Evaluate the accuracy of the Lancaster Post Office located in accessed on PBGC’s Web site at agency’s estimate of the burden of the Lancaster, Tennessee. The petition http://www.pbgc.gov. collection of information, including the which was filed by Allen Mason FOR FURTHER INFORMATION CONTACT: validity of the methodology and (Petitioner) is postmarked November 5, Thomas H. Gabriel, Attorney, or assumptions used; Æ 2010 and was posted on the Catherine B. Klion, Manager, Regulatory Enhance the quality, utility, and Commission’s Web site November 10, and Policy Division, Legislative and clarity of the information to be 2010. The Commission hereby institutes collected; and Regulatory Department, Pension Benefit Æ a proceeding under 39 U.S.C. 404(d)(5) Guaranty Corporation, 1200 K Street, Minimize the burden of the and designates the case as Docket No. NW., Washington, DC 20005–4026, 202– collection of information on those who A2011–2 to consider the Petitioner’s 326–4024. (For TTY and TDD, call 800– are to respond, including through the appeal. If the petitioner would like to 877–8339 and request connection to use of appropriate automated, further explain his position with 202–326–4024). electronic, mechanical, or other supplemental information or facts, he technological collection techniques or SUPPLEMENTARY INFORMATION: Section may either file a Participant Statement other forms of information technology, 4062 of the Employee Retirement on PRC Form 61 or file a brief with the e.g., permitting electronic submission of Income Security Act of 1974, as Commission by no later than December responses. amended, provides that the contributing 13, 2010. sponsor of a single-employer pension Issued in Washington, DC, November 15, Categories of issues apparently raised. plan and members of the sponsor’s 2010. The categories of issues raised include: controlled group (‘‘the employer’’) incur John H. Hanley, Failure to consider effect on the liability (‘‘employer liability’’) if the plan Director, Legislative and Regulatory community. See 39 U.S.C. terminates with assets insufficient to Department, Pension Benefit Guaranty 404(d)(2)(A)(i). pay benefit liabilities under the plan. Corporation. After the Postal Service files the PBGC’s statutory lien for employer [FR Doc. 2010–29154 Filed 11–18–10; 8:45 am] administrative record and the liability and the payment terms for BILLING CODE 7709–01–P Commission reviews it, the Commission employer liability are affected by may find that there are more legal issues whether and to what extent employer than the one set forth above, or that the liability exceeds 30 percent of the POSTAL REGULATORY COMMISSION Postal Service’s determination disposes of one or more of those issues. The employer’s net worth. [Docket No. A2011–2; Order No. 586] Section 4062.6 of PBGC’s employer deadline for the Postal Service to file the liability regulation (29 CFR 4062.6) Post Office Closing administrative record with the requires a contributing sponsor or Commission is November 23, 2010. 39 member of the contributing sponsor’s AGENCY: Postal Regulatory Commission. CFR 3001.113. controlled group who believes employer ACTION: Notice. Availability; Web site posting. The liability upon plan termination exceeds Commission has posted the appeal and 30 percent of the employer’s net worth SUMMARY: This document informs the supporting material on its Web site at to so notify PBGC and to submit net public that an appeal of the closing of http://www.prc.gov. Additional filings worth information. This information is the Lancaster, Tennessee post office has in this case and participants’ necessary to enable PBGC to determine been filed. It identifies preliminary submissions also will be posted on the whether and to what extent employer steps and provides a procedural Web site, if provided in electronic liability exceeds 30 percent of the schedule. Publication of this document format or amenable to conversion, and employer’s net worth. will allow the Postal Service, petitioner, not subject to a valid protective order. The collection of information under and others to take appropriate action. Information on how to use the the regulation has been approved by DATES: Administrative record due (from Commission’s Web site is available OMB under control number 1212–0017 Postal Service): November 23, 2010; online or by contacting the through March 31, 2011. PBGC intends deadline for petitions to intervene: Commission’s webmaster via telephone

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at 202–789–6873 or via electronic mail [email protected] or via telephone at request the Postal Service or other at [email protected]. 202–789–6846. participants to submit information or The appeal and all related documents Intervention. Those, other than the memoranda of law on any appropriate are also available for public inspection Petitioner and respondent, wishing to be issue. As required by the Commission in the Commission’s docket section. heard in this matter are directed to file rules, if any motions are filed, responses Docket section hours are 8 a.m. to a notice of intervention. See 39 CFR are due 7 days after any such motion is 4:30 p.m., Monday through Friday, 3001.111. Notices of intervention in this filed. 39 CFR 3001.21. except on Federal government holidays. case are to be filed on or before It is ordered: Docket section personnel may be December 10, 2010. A notice of 1. The Postal Service shall file the contacted via electronic mail at prc- intervention shall be filed using the administrative record in this appeal, or [email protected] or via telephone at Internet (Filing Online) at the otherwise file a responsive pleading to 202–789–6846. Commission’s Web site, the appeal, by November 23, 2010. Filing of documents. All filings of http://www.prc.gov, unless a waiver is documents in this case shall be made obtained for hardcopy filing. See 39 CFR 2. The procedural schedule listed using the Internet (Filing Online) 3001.9(a) and 10(a). below is hereby adopted. pursuant to Commission rules 9(a) and Further procedures. By statute, the 3. Pursuant to 39 U.S.C. 505, 10(a) at the Commission’s Web site, Commission is required to issue its Cassandra L. Hicks is designated officer http://www.prc.gov, unless a waiver is decision within 120 days from the date of the Commission (Public obtained. 39 CFR 3001.9(a) and 10(a). it receives the appeal. See 39 U.S.C. Representative) to represent the Instructions for obtaining an account to 404(d)(5). A procedural schedule has interests of the general public. file documents online may be found on been developed to accommodate this 4. The Secretary shall arrange for the Commission’s Web site, statutory deadline. In the interest of publication of this notice and order and http://www.prc.gov, or by contacting the expedition, in light of the 120-day procedural schedule in the Federal Commission’s docket section at prc- decision schedule, the Commission may Register.

PROCEDURAL SCHEDULE

November 8, 2010 ...... Filing of Appeal. November 23, 2010 ...... Deadline for Postal Service to file administrative record in this appeal or responsive pleading. December 10, 2010 ...... Deadline for petitions to intervene (see 39 CFR 3001.111(b)). December 13, 2010 ...... Deadline for Petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a), (b) and (e)). January 3, 2011 ...... Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)). January 18, 2011 ...... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). January 25, 2011 ...... Deadline for motions requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). March 4, 2011 ...... Expiration of the Commission 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).

By the Commission. of 1934 (‘‘Act’’),1 and Rule 19b–4 organizations’’) that conduct a public Shoshana M. Grove, thereunder,2 a proposed rule change to customer business are in Chapter IX, Secretary. apply its registration and qualification Doing Business with the Public, of 6 [FR Doc. 2010–29204 Filed 11–18–10; 8:45 am] requirements to all of its members. The CBOE’s rules. The associated persons of TPH organizations register with the BILLING CODE P proposed rule change was published for comment in the Federal Register on Exchange via the Uniform Application September 28, 2010.3 The Commission for Securities Industry Registration or received two comment letters on the Transfer (‘‘Form U4’’) through the SECURITIES AND EXCHANGE proposal.4 This order approves the Financial Industry Regulatory COMMISSION proposed rule change. Authority’s (‘‘FINRA’’) Central Registration Depository System II. Background (‘‘WebCRD’’), and must pass the General [Release No. 34–63314; File No. SR–CBOE– Securities Representative examination 2010–084] Currently, registration, examination, and continuing education requirements (‘‘Series 7’’) to function as Self-Regulatory Organizations; for associated persons of trading permit representatives; if acting as options Chicago Board Options Exchange, holder 5 organizations (‘‘TPH principals engaged in the supervision of Incorporated; Order Approving options sales practices, they must also Proposed Rule Change Regarding 1 15 U.S.C. 78s(b)(1). pass the Registered Options Principal 2 Registration and Qualification 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 62977 individual, the Trading Permit Holder may also be Requirements for Associated Persons (September 22, 2010), 75 FR 59773 (‘‘Notice’’). referred to as an ‘individual Trading Permit Holder.’ 4 See letter from Frank Vivirito, Chief Compliance If a Trading Permit Holder is not an individual, the November 12, 2010. Officer, XR Securities LLC, to Elizabeth M. Murphy, Trading Permit Holder may also be referred to as I. Introduction Secretary, Commission, dated October 14, 2010 a ‘TPH organization.’ A Trading Permit Holder is a (‘‘XR Securities Letter’’) and letter from J. Micah ‘member’ solely for purposes of the Act; however, Glick, Chief Compliance Officer, Cutler Group LP, one’s status as a Trading Permit Holder does not On September 10, 2010, the Chicago to Elizabeth M. Murphy, Secretary, Commission, confer on that Person any ownership interest in the Board Options Exchange, Incorporated dated October 22, 2010 (‘‘Cutler Letter’’). Exchange.’’ See Section 3(a)(3)(A) of the Act which (‘‘Exchange’’ or ‘‘CBOE’’) filed with the 5 Section 1.1 of CBOE’s By-Laws provides: ‘‘The defines member of an exchange. Securities and Exchange Commission term ‘Trading Permit Holder’ means any individual, 6 Before CBOE demutualized, Rule 3.1(a) required ‘‘ ’’ corporation, partnership, limited liability company every individual member or member organization to ( Commission ), pursuant to Section or other entity authorized by the rules that holds have as the principal purpose of its membership the 19(b)(1) of the Securities Exchange Act a Trading Permit. If a Trading Permit Holder is an conduct of a public securities business.

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examination (‘‘Series 4’’) or the General associated persons 11 not already from the requirement to pass the Series Securities Sales Supervisor examination registered in WebCRD to register under 14.15 (‘‘Series 9/10’’). Rule 3.6A within 60 days of the date of Furthermore, the Exchange is Rule 3.6A, Qualification and this Order (January 11, 2011) and to proposing to add Interpretations and Registration of Certain Associated pass a qualification examination. CBOE Policies .07 to Rule 3.6A requiring the Persons, sets forth the requirement for is developing an alternative to the Series registration and the successful each individual TPH or TPH 7 examination that is specifically completion of a heightened qualification organization subject to Rule 15c3–1 tailored toward individual TPHs and examination by every individual acting under the Act to have a FINOP (Limited associated persons of TPHs that are in any of the following capacities: (i) 7 Principal—Financial and Operations). engaged in proprietary trading. CBOE Officer; (ii) partner; (iii) director; (iv) Rule 3.6A also references the has represented that within six months supervisor of proprietary trading, registration requirements set forth in of the date of this Order it will have market-making or brokerage activities; Chapter IX of CBOE’s Rulebook for completed the development of this and/or (v) supervisor of those engaged associated persons of TPH organizations qualification examination 12 and will in proprietary trading, market-making or that conduct a public customer brokerage activities with respect to 8 file the examination with the business. Commission. All individual TPHs and those activities. Thus, all individuals Rule 9.3A, Continuing Education for individual associated persons must take who engage in supervisory functions at Registered Persons, applies to registered and pass the new examination, as the TPH organization’s securities persons of TPHs and TPH organizations business, or who oversee associated that conduct business with the public applicable, no later than August 12, 2011. persons of TPHs, must register and pass and sets out CBOE’s continuing the relevant principal examination.16 education requirements. Rule 3.6A(c) will require that each The rule also requires each TPH TPH and TPH organization designate on III. Description of the Proposal organization to have at least two of the Schedule A of Form BD a Chief above listed individuals registered as CBOE proposes to amend its rules and 13 Compliance Officer (‘‘CCO’’) who must principals and subject to the relevant the rules of the CBSX regarding register with CBOE using Form U4 and principal examination requirement. The registration, qualification, and pass the Compliance Official Exchange may waive the requirement to continuing education requirements for 14 examination (‘‘Series 14’’). CBOE has have two principals registered if a TPH individual TPHs and associated represented to the Commission that it organization conclusively demonstrates persons 9 of TPHs. CBOE is amending its has asked FINRA to enable this category rules to make them substantially similar that only one principal should be of registration for CBOE and to make the required to register (such as a single to the registration, examination and Series 14 examination available to CCOs 17 continuing education requirements of member liability company). of CBOE and CBSX TPHs. CBOE is also A TPH organization that is involved FINRA. Specifically, CBOE proposes to proposing to allow a limited exemption 18 and has require all individual TPHs and TPH solely in proprietary trading associated persons, regardless of 25 or fewer associated persons would 11 Associated persons of CBOE TPHs include both whether they conduct a public customer only be required to have one principal individuals and non-natural persons. registered and subject to a heightened or proprietary securities business, to 12 CBOE has represented that it is developing a principal examination tailored to sole proprietors, qualification examination under this register, qualify and comply with 19 continuing education requirements.10 officers, partners, and directors, individual TPHs or section. CBOE and CBSX will require all individual associated persons who are engaged in Rule 3.6A(a)(1) provides that a TPH or the supervision or monitoring of proprietary individual TPHs and individual TPH organization shall not maintain a trading, market-making, or brokerage activities, registration with the Exchange for any and/or anyone who is engaged in the supervision 7 The Exchange is proposing to apply the existing or training of those engaged in proprietary trading, person: (1) Who is no longer active in FINOP requirement in Rule 3.6A to all TPH market-making or brokerage activities. Until this the TPH or TPH organization’s organizations. examination is complete and filed with the securities business; (2) who is no longer 8 CBOE has represented that CBOE Stock Commission, these associated persons must pass functioning in the registered capacity; or Exchange (‘‘CBSX’’) firms solely engage in the General Securities Principal examination proprietary trading. Chapter IX of CBOE’s Rulebook (‘‘Series 24’’). (3) where the sole purpose is to avoid pertains toTPHs that conduct a public customer 13 CBOE indicated that it did not want to use the an examination requirement. A TPH or business and is not included in Appendix A, term ‘‘principal’’ in Rule 3.6A to denote associated TPH organization cannot register any Applicability of Rules of the Exchange, to the CBSX persons of a member who are actively engaged in person where there is no intent to rules, which lists the CBOE rules that apply to the management of the member’s investment CBSX TPHs. However, it is the Commission’s banking or securities business, including employ that person in the TPH or TPH understanding that it is CBOE’s intent to apply the supervision, solicitation, conduct of business or the organization’s securities business. rules of Chapter IX that are referenced in Rule 3.6A training of persons associated with a member for However, a TPH or TPH organization to CBSX TPHs. any of these functions. may maintain or make application for 9 Section 3(a)(18) of the Act defines an associated Under CBOE’s proposed rules anyone functioning person of a broker or dealer as ‘‘any partner, officer, as a principal must register as such with the 15 director, or branch manager of such broker or dealer Exchange via a Form U4 through FINRA’s WebCRD. See proposed Rule 3.6A(c). (or any person occupying a similar status or CBOE did not want to use the term principal in 16 The Commission understands that this will be performing similar functions), any person directly Rule 3.6A to refer to these associated persons either an appropriate examination developed by or indirectly controlling, controlled by, or under because it wanted to avoid creating confusion for CBOE and filed with the Commission or the Series common control with such broker or dealer, or any its TPHs that have Registered Options Principals. 24. employee of such broker or dealer, except that any Through this filing, CBOE is essentially extending 17 The Commission expects this waiver to be used person associated with a broker or dealer whose the Registered Options Principal category and in very limited circumstances. functions are solely clerical or ministerial shall not requirements (though not the same examinations) to 18 Interpretations and Policies .07 to Rule 3.6A be included in the meaning of such term for those associated persons in a supervisory function defines proprietary trading. purposes of section 15(b).’’ 15 U.S.C. 78c(a)(18). whose firms do not conduct business with the 19 See proposed Interpretations and Policies .07 to 10 It is the Commission’s understanding that, with public. Ultimately, the Commission expects CBOE Rule 3.6A. The Commission understands that this these changes to CBOE’s rules, all associated to eliminate the distinction in its rules relating to examination will be the Series 24 until CBOE has persons involved in the securities business of a firm doing business with the public. Hereinafter, the completed and filed with the Commission its own that does business on the CBOE will have to Commission will refer to such persons as examination for principals of proprietary trading register, pass a qualification examination and principals. firms. This requirement is substantially similar to comply with continuing education requirements. 14 See NASD Rule 1022(a)(1)(c). NASDAQ Rule 1021(e)(1).

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the registration of an individual who The Exchange proposes to require CBOE instead, and, similarly, performs legal, compliance, internal individual TPHs and individual encouraged CBOE to create an exam to audit, back-office-operations, or similar associated persons whose activities are succeed the Series 24 for supervisors responsibilities for the TPH or TPH limited solely to the transaction of whose functions are limited to the organization, or a person who performs business on the floor with TPHs or supervision of traders. administrative support functions for registered broker-dealers to fulfill registered personnel, or a person continuing education requirements.26 V. Discussion engaged in the securities business of a IV. Comment Letters The Commission is sympathetic to the foreign securities affiliate or subsidiary concerns raised by the two commenters of the TPH or TPH organization.20 The Commission received two regarding associated persons who are The Exchange is also proposing to add comment letters on the proposed rule 27 currently Series 7 qualified who do not Rule 3.6A(a)(2) to identify several change. One commenter, XR want to have to take the proposed CBOE categories of individual TPHs and Securities, stated that the examination proprietary trading exam, as well as individual associated persons who are proposed to be developed by CBOE for exempt from the new registration associated persons was redundant for associated persons who have already associated persons currently registered requirements. The categories are: (i) qualified as CCOs. The Commission with another exchange who have passed Individual associated persons expects that such persons may be the Series 7. The commenter stated that functioning solely and exclusively in a eligible for a waiver of the exam the new examination would impose an clerical or ministerial capacity; (ii) requirement if they are able to unfair burden on firms registered at individual TPHs and individual demonstrate to the CBOE’s satisfaction CBOE and elsewhere, and argued that it associated persons who are not actively that they are appropriately qualified to would be better to allow associated engaged in the securities business, (iii) do business on the CBOE. However, the persons registered at more than one individual TPHs and individual Commission believes that this proposed exchange to take the Series 7 instead of associated persons functioning solely rule change is an important step the proposed CBOE examination. The and exclusively to meet a TPH or TPH towards harmonizing the registration, commenter also stated that the Series 24 organization’s need for nominal qualification and continuing education is generally accepted by all exchanges as corporate officers or for capital requirements across the SROs. In order the CCO examination, whereas the participation; and (iv) individual Series 14 is available for FINRA/NYSE to meet its obligations under Section associated persons whose functions are members to elect to take instead of the 6(b)(1) of the Act to enforce compliance solely and exclusively related to 28 Series 24. The commenter believes that by member firms and their associated transactions in commodities, requiring a CCO who currently is Series persons with the Act, the rules transactions in security futures and/or 24 registered to pass the Series 14 thereunder, and the exchange’s own effecting transactions on the floor of 29 would be unreasonable. rules, an exchange must have baseline another national securities exchange The second commenter, Cutler, is registration and qualification and who are registered as floor members requirements for all persons conducting 21 supportive of the proposed rule change with such exchange. requiring all traders to register with business on an exchange, as well as for Rule 3.6A(e) addresses lapses in CBOE and pass a relevant trading those supervising such activity. Further registration 22 and Interpretation and examination; however, it also expressed to those provisions, the Commission Policies .05 thereto would permit CBOE concern over the proposed examination believes an exchange should require to waive the examination requirement requirements and timeframe for continuing education for registered 23 in limited circumstances. In addition, completing a required examination. In persons to help ensure that members the Exchange is making certain short, Cutler believes no new and persons associated with members technical and non-substantive changes examination requirement should be 24 are up to date on changes to exchange to its rules. imposed on traders currently properly rules and the securities laws, rules, and The Exchange states that individual registered with CBOE. It suggested regulations that govern their activities. associated persons, including Registered creating a new continuing education In addition, an exchange must know if Options Principals and Registered module for CBOE traders, to the extent an associated person of a member firm Representatives, continue to be subject the existing examinations do not cover is subject to a statutory disqualification. to the registration, examination and relevant material that would be This information is elicited by the Form continuing education requirements of included in the new examination. For U4, which is used by most exchanges Chapter IX of CBOE’s rules, which persons to be qualified on CBOE in the and FINRA to register associated apply to firms conducting a public near future, Cutler supports CBOE’s customer business.25 Additionally, any persons. The Commission believes that plan to create an examination specific it is important to ensure that TPH or TPH organization that ends the and relevant to professional traders in information, such as whether an employment of an individual required lieu of the Series 7, which it considers associated person is subject to a to register under Rule 3.6A must comply too broad. Cutler echoed XR Securities’ statutory disqualification, is available to with the requirements in Chapter IX of concerns regarding the Series 14 CBOE’s rules. examination for CCOs, stating that the exchanges and other regulators, Series 24 is the accepted examination including the Commission and the state 20 This rule is substantially similar to NASD Rule for CCOs and should be adopted by securities regulators, through WebCRD, 1021(a). as well as members of the public 21 This rule is substantially similar to NASD Rule 26 Interpretations and Policies .01 to Rule 9.3A 1060. currently excludes these persons from the 28 Brokers and dealers are required to supervise 22 This rule is substantially similar to NASD rules continuing education requirements set forth in Rule the activities of their associated persons. See 15 1021(c) and 1031(c) regarding lapses. 9.3A. Proposed Interpretations and Policies .04 to U.S.C. 78o(b)(4)(E). 23 This rule is substantially similar to NASD Rule Rule 3.6A states that all persons required to register 29 Section 6(b)(1) requires exchanges to have the 1070 regarding waivers. are subject to CBOE’s continuing education ability to enforce compliance by their members and 24 See Notice at pp. 8–9. requirements. associated persons with the federal securities laws 25 See supra note 8. 27 See supra note 4. and with their own rules. 15 U.S.C. 78f(b)(1).

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through BrokerCheck, which derives its registration requirements. These persons representative has been terminated for a information from WebCRD.30 fall outside of CBOE’s proposed period of two or more years The Commission finds that the definition of ‘‘engaged in a securities immediately preceding the date of proposed rule change is consistent with business.’’ CBOE explained that the receipt by the Exchange of a new the requirements of the Act and the people excluded would not be application, to pass the qualification rules and regulations thereunder considered to be actively engaged in a examination appropriate to such applicable to a national securities securities business unless they are person’s category of registration is exchange,31 and, in particular with registered on the floor of another appropriate. This requirement should Section 6(b)(5) of the Act,32 which exchange, in which case they would not help to ensure that an associated requires, among other things, that the have to register with CBOE.35 The person’s qualifications are current. rules of a national securities exchange Commission understands that CBOE’s The Commission also believes CBOE’s be designed to prevent fraudulent and proposed rule change applies to all proposed exceptions from the above- manipulative acts and practices, to associated persons conducting a discussed general requirements are promote just and equitable principles of securities business, on a proprietary or appropriate. Any TPH seeking an trade, to remove impediments to, and agency basis, on CBOE and CBSX. exception from the two principal perfect the mechanism of, a free and The Commission expects that CBOE, minimum must provide evidence that open market and a national market consistent with its representation, will conclusively indicates to the Exchange system and, in general, to protect have developed and filed with the that only one principal is necessary. The investors and the public interest. The Commission the appropriate Commission expects this authority to be Commission believes that the proposed examination for its representatives used sparingly, because such persons rule change is also consistent with engaged in a proprietary securities oversee the operations of member firms Section 6(c)(3)(B) of the Act,33 which business no later than May 12, 2011. If and provide the first line of defense in authorizes exchanges to prescribe CBOE fails to do so, the Commission ensuring that member firms are standards of training, experience and expects CBOE to require all associated complying with the rules of an exchange competence for persons associated with persons engaged in the securities as well as the federal securities laws. In exchange members, and gives exchanges business of a TPH to promptly take and addition, CBOE may waive the the authority to bar a natural person pass an appropriate existing qualification examination requirement from becoming a member or a person examination. in exceptional cases where the applicant associated with a member, if the person The Commission believes that the has demonstrated that good cause exists. does not meet the standards of training, requirement that all persons functioning The Commission expects this authority experience and competence prescribed in certain supervisory capacities be to be used sparingly. Finally, the in the rules of the exchange. registered through WebCRD and be Commission notes that these exceptions CBOE’s proposed rule change requires subject to higher qualification standards are substantively the same as exceptions all associated persons of TPHs engaged appropriately reflects the enhanced provided in similar rules at other in a securities business on CBOE or on responsibility of their roles and is SROs.36 CBSX, as well as those who supervise, consistent with the Act. The general The Commission believes that the train or otherwise oversee those who do, requirement that TPHs must have a proposal will enhance CBOE’s ability to to register with the Exchange via the minimum of two principals responsible ensure an effective supervisory structure Form U4, qualify by passing an for oversight of member organization for those conducting business on CBOE. appropriate examination, and be subject activity on CBOE, who must be The requirements apply broadly and are to continuing education requirements.34 registered as such and pass a principal intended to help close a regulatory gap The Commission believes the exam, should help CBOE strengthen the which has resulted in varying restrictions on registration that bar a regulation of its member firms, and registration, qualification, and TPH from maintaining a registration prepare those individuals for their supervision requirements across with CBOE for (1) persons no longer responsibilities. The nature of the firm, markets. The Commission believes that active in the TPH’s securities business, however, may dictate that more than the changes proposed by CBOE to its (2) persons no longer functioning in the two principals are needed to provide rules will strengthen the regulatory registered capacity, or (3) for avoidance appropriate supervision. structure of the Exchange and should of an examination requirement, are The requirement for each TPH enhance the ability of its individual appropriate. These limitations should organization to have a CCO who must TPHs and TPH organizations to comply help ensure that only persons qualified register and pass the Series 14 and a with the Exchange’s rules as well as for their category of registration who are FINOP who must register and pass the with the federal securities laws. engaged in a securities business are able Series 27 is appropriate based on the Additionally, the Commission to transact business on CBOE and CBSX. heightened level of accountability believes that the proposed rule change The Commission notes that CBOE has inherent in the duty of overseeing is consistent with the principles of exempted several categories of compliance by an Exchange member, Section 11A(a)(1)(22) of the Act in that associated persons from the new and in the oversight and preparation of it seeks to assure fair competition financial reports, and the oversight of among brokers and dealers and among 30 See Section 6(c)(2) of the Act, 15 U.S.C. those employed in financial and exchange markets. The Commission 78f(c)(2); and Rule 19h–1 under the Act, 17 CFR 240.19h–1. operational capacities at each firm. believes that the proposed rule will 31 In approving this proposed rule change, the The Commission believes CBOE’s promote uniformity of regulation across Commission has considered the proposed rule’s proposed provision requiring any markets, thus reducing opportunities for impact on efficiency, competition, and capital person whose registration has been regulatory arbitrage. CBOE’s proposed formation. See 15 U.S.C. 78c(f). revoked by the Exchange as a rule change helps ensure that all 32 15 U.S.C. 78f(b)(5). disciplinary sanction, or whose most persons conducting a securities business 33 15 U.S.C. 78f(c)(3)(B). 34 CBOE’s proposed rule change expands its recent registration as a principal or through CBOE are appropriately continuing education requirements to associated persons whose activities are limited to the 35 See Notice, p. 6; 75 FR 59775. Such persons 36 See, e.g., FINRA Rule 1070(d) and NASDAQ transaction of business on CBOE’s floor. must comply with Section 15(b)(8) of the Act. Rule 1070(d) regarding the examination waiver.

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supervised, as the Commission expects must include the DS form number, violated any provision of the AECA, of all SROs. information collection title, and OMB ITAR, or any order, license, or other control number in the subject line of authorization issued under the AECA. VI. Conclusion your message. The violation is analyzed by DDTC to It is therefore ordered, pursuant to • Fax: 202–395–5806. Attention: Desk determine whether to take Section 19(b)(2) of the Act,37 that the Officer for Department of State. administrative action under part 128 of proposed rule change (SR–CBOE–2010– FOR FURTHER INFORMATION CONTACT: the ITAR and whether to refer the 084), be, and hereby is, approved. Direct requests for additional matter to the Department of Justice to For the Commission, by the Division of information regarding the collection consider criminal prosecution. Trading and Markets, pursuant to delegated listed in this notice, including requests Methodology: These forms/ authority.38 for copies of the information collection information collections may be sent to Florence E. Harmon, and supporting documents, to Nicholas the Directorate of Defense Trade Deputy Secretary. Memos, PM/DDTC, SA–1, 12th Floor, Controls via the following methods: [FR Doc. 2010–29160 Filed 11–18–10; 8:45 am] Directorate of Defense Trade Controls, electronically, mail, personal delivery, BILLING CODE 8011–01–P Bureau of Political-Military Affairs, U.S. and/or fax. Department of State, Washington, DC Dated: November 10, 2010. 20522–0112, who may be reached via Robert S. Kovac, DEPARTMENT OF STATE phone at (202) 663–2804, or via e-mail Managing Director of Defense Trade Controls, at [email protected]. Bureau of Political-Military Affairs, U.S. [Public Notice 7232 ] SUPPLEMENTARY INFORMATION: Department of State. 30-Day Notice of Proposed Information We are soliciting public comments to [FR Doc. 2010–29230 Filed 11–18–10; 8:45 am] Collection: Voluntary Disclosures permit the Department to: BILLING CODE 4710–27–P • Evaluate whether the proposed ACTION: Notice of request for public collection of information is necessary comment and submission to OMB of for the proper performance of our DEPARTMENT OF STATE functions. proposed information collection. [Public Notice: 7233] • Evaluate the accuracy of our SUMMARY: The Department of State has estimate of the burden of the proposed Notice of Meeting of the Advisory submitted the following information collection, including the validity of the Committee on International Law collection request to the Office of methodology and assumptions used. Management and Budget (OMB) for • Enhance the quality, utility, and A meeting of the Advisory Committee approval in accordance with the clarity of the information to be on International Law will take place on Paperwork Reduction Act of 1995. collected. Thursday, December 9, 2010, from • Title of Information Collection: • Minimize the reporting burden on 9:30 a.m. to approximately 5:30 p.m., at Voluntary Disclosures. those who are to respond, including the the George Washington University Law • OMB Control Number: 1405–0179. use of automated collection techniques School (Michael K. Young Faculty • Type of Request: Extension of or other forms of technology. Conference Center, 5th Floor), 2000 H Currently Approved Collection. Abstract of proposed collection: The St., NW., Washington, DC. The meeting • Originating Office: Bureau of export, temporary import, temporary will be chaired by the Legal Adviser of Political-Military Affairs, Directorate of export and brokering of defense articles, the Department of State, Harold Hongju Defense Trade Controls, PM/DDTC. defense services and related technical Koh, and will be open to the public up • Form Number: None. data are licensed by the Directorate of to the capacity of the meeting room. It • Respondents: Business and Defense Trade Controls (DDTC) in is anticipated that the agenda of the Nonprofit Organizations. accordance with the International meeting will cover a range of current • Estimated Number of Respondents: Traffic in Arms Regulations (‘‘ITAR,’’ 22 international legal topics, including 750. CFR parts 120–130) and Section 38 of international piracy; sovereign • Estimated Number of Responses: the Arms Export Control Act (AECA). immunity of foreign government 1,000. Those who manufacture or export officials; U.N. resolutions and • Average Hours Per Response: 10 defense articles, defense services, and fundamental rights under European hours. related technical data, or the brokering Union law; contemporary issues in the • Total Estimated Burden: 10,000 thereof, must register with the law of armed conflict; transnational hours. Department of State. Persons desiring to environmental issues; and corporate • Frequency: On Occasion. engage in export, temporary import, and social responsibility. Members of the • Obligation to Respond: Voluntary. brokering activities must submit an public will have an opportunity to DATES: The Department will accept application or written request to participate in the discussion. comments from the public up to 30 days conduct the transaction to the Members of the public who wish to from November 19, 2010. Department to obtain a decision attend the session should, by Friday, ADDRESSES: Direct comments to the whether it is in the interests of U.S. December 3, 2010, notify the Office of Department of State Desk Officer in the foreign policy and national security to the Legal Adviser (telephone: 202–776– Office of Information and Regulatory approve the transaction. Also, registered 8451) of their name, professional Affairs at the Office of Management and brokers must submit annual reports affiliation, address, and telephone Budget (OMB). You may submit regarding all brokering activity that was number. A valid photo ID is required for comments by the following methods: transacted, and registered manufacturers admittance. A member of the public • E-mail: and exporters must maintain records of who needs reasonable accommodation [email protected]. You defense trade activities for five years. should make his or her request by Section 127.12 of the ITAR encourages December 2, 2010; requests made after 37 15 U.S.C. 78s(b)(2). the disclosure of information to DDTC that time will be considered but might 38 17 CFR 200.30–3(a)(12). by persons who believe they may have not be possible to accommodate.

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Dated: November 15, 2010. http://www.regulations.gov. The files Affected are approximately 6,619 Danielle Morris, are in a portable document format (pdf); model year 2009 Chevrolet Cobalt and Office of Claims and Investment Disputes, in order to review or print the Pontiac G5 passenger cars built from Office of the Legal Adviser, Executive document, users need to obtain a free April 2008 through November 12, 2008. Director, Advisory Committee on copy of Acrobat Reader. The Acrobat Paragraph S4.3 of FMVSS No. 110 International Law, Department of State. Reader can be obtained from requires in pertinent part: [FR Doc. 2010–29229 Filed 11–18–10; 8:45 am] http://www.adobe.com/prodindex/ S4.3 Placard. Each vehicle, except for a BILLING CODE 4710–08–P acrobat/readstep.html. trailer or incomplete vehicle, shall show the By order of the Maritime Administrator. information specified in S4.3(a) through (g), and may show, at the manufacturer’s option, Dated: November 15, 2010. DEPARTMENT OF TRANSPORTATION the information specified in S4.3(h) and (i), Christine Gurland, on a placard permanently affixed to the Maritime Administration Secretary, Maritime Administration. driver’s side B-pillar. In each vehicle without [FR Doc. 2010–29173 Filed 11–18–10; 8:45 am] a driver’s side B-pillar and with two doors on [Docket Number 2010–0103] the driver’s side of the vehicle opening in BILLING CODE 4910–81–P opposite directions, the placard shall be California Green Trade Corridor affixed on the forward edge of the rear side door. If the above locations do not permit the Transportation Investment Generating DEPARTMENT OF TRANSPORTATION Economic Recovery (TIGER) affixing of a placard that is legible, visible and prominent, the placard shall be National Highway Traffic Safety AGENCY: Department of Transportation, permanently affixed to the rear edge of the Administration Maritime Administration. driver’s side door. If this location does not permit the affixing of a placard that is legible, ACTION: Notice of availability of Finding [Docket No. NHTSA–2009–0003; Notice 2] visible and prominent, the placard shall be of No Significant Impact. affixed to the inward facing surface of the General Motors Corporation, Grant of vehicle next to the driver’s seating position. SUMMARY: Notice is hereby given that This information shall be in the English the Maritime Administration, of the Petition for Decision of Inconsequential Noncompliance language and conform in color and format, Department of Transportation (DOT), not including the border surrounding the has made available to interested parties General Motors Corporation (GM) has entire placard, as shown in the example set the Finding of No Significant Impact determined that certain Model Year forth in Figure 1 in this standard. At the (FONSI) for the California Green Trade manufacturer’s option, the information 2009 Chevrolet Cobalt and Pontiac G5 specified in S4.3(c), (d), and, as appropriate, Corridor Transportation Investment passenger cars did not fully comply Generating Economic Recovery (TIGER) (h) and (i) may be shown, alternatively to with paragraphs S4.3(c) and S4.3(d) of being shown on the placard, on a tire grant. An environmental assessment 49 CFR 571.110, Federal Motor Vehicle inflation pressure label which must conform (EA) and FONSI have been prepared Safety Standard (FMVSS) No. 110, Tire in color and format, not including the border pursuant to the National Environmental Selection and Rims, for Motor Vehicles surrounding the entire label, as shown in the Policy Act (NEPA) (42 U.S.C. 4231 et With a GVWR of 4,536 Kilograms example set forth in Figure 2 in this standard. seq.) in accordance with the Council on (10,000 pounds) or Less. GM has filed The label shall be permanently affixed and Environmental Quality (CEQ) an appropriate report pursuant to 49 proximate to the placard required by this regulations for implementing the paragraph. The information specified in CFR Part 573, Defect and S4.3(e) shall be shown on both the vehicle procedural provisions of NEPA (40 CFR Noncompliance Responsibility and parts 1500–1508). placard and on the tire inflation pressure Reports. label (if such a label is affixed to provide the The purpose of the EA is to evaluate Pursuant to 49 U.S.C. 30118(d) and information specified in S4.3(c), (d), and, as the potential environmental impacts 30120(h) (see implementing rule at 49 appropriate, (h) and (i)) may be shown in the from two separate marine highway CFR part 556), GM has petitioned for an format and color scheme set forth in Figures projects running from the Ports of West exemption from the notification and 1 and 2. * * * Sacramento and Stockton to the Port of remedy requirements of 49 U.S.C. (c) Vehicle manufacturer’s recommended Oakland. The marine highway services Chapter 301 on the basis that this cold tire inflation pressure for front, rear and consist of a tug and barge configuration spare tires, subject to the limitations of noncompliance is inconsequential to S4.3.4. For full size spare tires, the statement and are scheduled to operate once a motor vehicle safety. week. ‘‘see above’’ may, at the manufacturer’s option Notice of receipt of the petition was replace manufacturer’s recommended cold FOR FURTHER INFORMATION CONTACT: published with a 30-day public tire inflation pressure. If no spare tire is Daniel E. Yuska Jr., 1200 New Jersey comment period, on 2/9/2009, in the provided, the word ‘‘none’’ must replace the Ave., SE., Washington, DC 20590; Federal Register (74 FR 6453). No manufacturer’s recommended cold tire phone: (202) 366–0714; or e-mail: comments were received. To view the inflation pressure. [email protected]. Persons who use petition and all supporting documents (d) Tire size designation, indicated by the headings ‘‘size’’ or ‘‘original tire size’’ or a telecommunications device for the log onto the Federal Docket ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for deaf (TDD) may call the Federal Management System Web site at: the tires installed at the time of the first Information Relay Service (FIRS) at http://www.regulations.gov/. Then purchase for purposes other than resale. For 1–800–877–8339 to contact the above follow the online search instructions to full size spare tires, the statement ‘‘see above’’ individual during business hours. The locate docket number ‘‘NHTSA–2009– may, at the manufacturer’s option replace the FIRS is available twenty-four hours a 0003.’’ tire size designation. If no spare tire is day, seven days a week, to leave a For further information on this provided, the word ‘‘none’’ must replace the message or question with the above decision, contact Mr. John Finneran, tire size designation; * * * individual. You will receive a reply Office of Vehicle Safety Compliance, the In its petition, GM explained that the during normal business hours. National Highway Traffic Safety noncompliances with FMVSS No. 110 A copy of the Final EA and Finding Administration (NHTSA), Telephone exist due to errors in the vehicle tire and of No Significant Impact can be (202) 366–0645, Facsimile (202) 366– loading information placards that it obtained or viewed online at 5930. affixed to the vehicles. GM explains that

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the subject vehicles were originally should have no problem finding it. The In consideration of the foregoing, designed to be equipped with spare tires owner’s manual provides the instructions for NHTSA has decided that GM has met its as standard equipment. The vehicle using the inflator kit as well as installing the burden of persuasion that the subject spare tire. There is a label with instructions owner’s manuals and tire and on the sealant canister of the inflator kit as FMVSS No. 10 labeling noncompliances information placards included all well. are inconsequential to motor vehicle required information associated with (5) The inflator kit includes a tire sealant safety. Accordingly, GM’s petition is the spare tire equipped vehicles. When canister, an air compressor as well as a granted and the petitioner is exempted a production change substituted a Tire pressure gage in one unit. The inflator kit can from the obligation of providing Sealant and Compressor Kit (inflator kit) be used to inflate one or more tires regardless notification of, and a remedy for, the for the spare tire, the vehicle tire and whether the vehicle has a punctured tire or subject noncompliance under 49 U.S.C. information placards should have been not. The sealant of the GM sealant canister 30118 and 30120. does not damage the TPMS pressure sensor, revised to comply with paragraphs and the TPMS continues to function. Authority: (49 U.S.C. 30118, 30120: S4.3(c) and S4.3(d) of FMVSS No. 110, (6) OnStar e-mail service subscribers get delegations of authority at CFR 1.50 and but were not. monthly reminders on tire pressure 501.8). GM described the noncompliances as maintenance, including the recommended Issued on: November 15, 2010. the following errors on the tire and cold tire inflation pressures and status of loading information placard: their tire pressures. Claude H. Harris, (7) Risk to the public is negligible because Director, Office of Vehicle Safety Compliance. (1) The tire size designation shows a spare the vehicle does have an inflator kit. tire size appropriate for the subject vehicles [FR Doc. 2010–29170 Filed 11–18–10; 8:45 am] (8) GM is not aware of any incidents or instead of the word ‘‘none’’. BILLING CODE 4910–59–P injuries related to the subject condition. (2) The manufacturer’s recommended cold tire inflation pressure shows inflation GM also has informed NHTSA that it pressure appropriate for the subject spare tire has corrected the problem that caused DEPARTMENT OF TRANSPORTATION instead of the word ‘‘none’’. these errors so that they will not be GM also stated that all other repeated in future production. National Highway Traffic Safety information (front and rear tire size In summation, GM states that it Administration believes that the noncompliances are designations and their respective cold [Docket No. NHTSA–2010–0151; Notice 1] tire inflation pressures as well as seating inconsequential to motor vehicle safety capacity and vehicle capacity weight) and that no corrective action is General Motors Corporation, Receipt on the subject placards is correct and warranted. of Petition for Decision of that it was not aware of any field or NHTSA Decision Inconsequential Noncompliance owner complaints associated with these 1 noncompliances. The agency agrees with GM that the General Motors Corporation (GM), GM additionally stated that it believes noncompliances are inconsequential to has determined that approximately that this noncompliance is motor vehicle safety. The agency 1,113 Model Year (MY) 2011 Buick inconsequential to motor vehicle safety believes that the true measure of Regal passenger cars do not fully for the following reasons: inconsequentiality to motor vehicle comply with paragraph S4.3(d) of 49 safety in this case is that there is no CFR 571.110, Federal Motor Vehicle (1) All information required for effect of the noncompliances on the maintaining and/or replacing the front and Safety Standard (FMVSS) No. 110, Tire rear tires, as well as the seating capacity and operational safety of the subject vehicles Selection and Rims for Motor Vehicles vehicle capacity weight are correct on the tire in which the vehicle tire and loading With a GVWR of 4,536 Kilograms and loading information placard on the information placards erroneously (10,000 pounds) or Less. GM filed an subject vehicles. indicated that a spare tire was available appropriate report pursuant to 49 CFR (2) The vehicle price label (a.k.a., the when, in fact, a tire inflator kit was part 573, Defect and Noncompliance Monroney label) has the correct information, installed in lieu of the spare tire. Responsibility and Reports dated July whether the vehicle is equipped with an In the agency’s judgment, this 26, 2010. inflator kit or a spare tire. Therefore, original noncompliance to FMVSS No. 110 will purchase owners should already know if Pursuant to 49 U.S.C. 30118(d) and their vehicle is equipped with an inflator kit have an inconsequential effect on motor 30120(h) (see implementing rule at 49 in place of a spare tire. vehicle safety because: CFR part 556), GM has petitioned for an (3) In addition to the FMVSS No. 138 In the event of a flat tire, the inflator exemption from the notification and required owner’s manual language of kit serves the purpose of getting back on remedy requirements of 49 U.S.C. checking the inflation pressures of all tires the road. Since the inflator kit is located Chapter 301 on the basis that this including the spare monthly, the owner’s in the same location as the spare tire, noncompliance is inconsequential to manual also recommends the owner to check the customer should have no problem motor vehicle safety. the tires including the compact spare once a finding it. The owner’s manual provides This notice of receipt of GM’s, month or more. The tire information placard the instructions for using the inflator kit on the subject vehicles contains spare tire petition is published under 49 U.S.C. size and recommended cold tire inflation as well as installing a spare tire, should 30118 and 30120 and does not represent pressure instead of the word ‘‘none’’ as one become available. There is a label any agency decision or other exercise of required by FMVSS No. 110. The inflator kit with use instructions on the sealant judgment concerning the merits of the is located in the same location where a spare canister of the inflator kit as well. petition. tire would be for vehicles ordered with an Additionally, all information required Affected are approximately 1,113 optional spare tire. Therefore, if an owner for maintaining and/or replacing the model year 2011 Buick Regal passenger were to look for the spare tire, he/she would front and rear tires (i.e., tire size find the inflator kit, and realize that the cars manufactured between January 20, designations and their respective cold 2010, and May 18, 2010 at GM’s vehicle is equipped with an inflator kit tire inflation pressures), as well as the instead of a spare tire. Ru¨ sselsheim assembly plant. (4) In the event of a flat tire, the inflator seating capacity and vehicle capacity kit serves the purpose of getting back on the weight are correct on the tire and 1 General Motors LLC (GM) is vehicle road. Since the inflator kit is located in the loading information placard on the manufacturer incorporated under the laws of the same location as the spare tire, the customer subject vehicles. state of Michigan.

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The National Highway Traffic Safety the tires installed at the time of the first noncompliance as required by 49 U.S.C. Administration (NHTSA) notes that the purchase for purposes other than resale. For 30118 and remedying the recall statutory provisions (49 U.S.C. 30118(d) full size spare tires, the statement ‘‘see above’’ noncompliance as required by 49 U.S.C. and 30120(h)) that permit manufacturers may, at the manufacturer’s option replace the 30120, and should be granted. tire size designation. If no spare tire is to file petitions for a determination of provided, the word ‘‘none’’ must replace the NHTSA notes that the statutory inconsequentiality allow NHTSA to tire size designation; * * * provisions (49 U.S.C. 30118(d) and exempt manufacturers only from the 30120(h)) that permit manufacturers to duties found in sections 30118 and GM explains that the noncompliance file petitions for a determination of 30120, respectively, to notify owners, with FMVSS No. 110 is the omission of inconsequentiality allow NHTSA to purchasers, and dealers of a defect or the letter ‘‘T’’ in the spare tire size exempt manufacturers only from the noncompliance and to remedy the printed on the tire and loading duties found in sections 30118 and defect or noncompliance. Therefore, information labels that it affixed to the 30120, respectively, to notify owners, these provisions only apply to the vehicles. Currently the tire size purchasers, and dealers of a defect or 1,113 2 vehicles that have already designation shows the spare tire size as noncompliance and to remedy the passed from the manufacturer to an ‘‘125/80R16’’ instead of ‘‘T125/80R16.’’ defect or noncompliance. GM reported that the noncompliance owner, purchaser, or dealer. Interested persons are invited to was brought to their attention in May of Paragraph S4.3 of FMVSS No. 110 submit written data, views, and 2010 by the Global Subsystem requires in pertinent part: arguments on this petition. Comments Leadership Team during an internal must refer to the docket and notice S4.3 Placard. Each vehicle, except for a audit in the Ru¨ sselsheim Assembly trailer or incomplete vehicle, shall show the number cited at the beginning of this Plant. information specified in S4.3 (a) through (g), notice and be submitted by any of the GM additionally stated that it believes and may show, at the manufacturer’s option, following methods: that this noncompliance is the information specified in S4.3 (h) and (i), a. By mail addressed to: U.S. on a placard permanently affixed to the inconsequential to motor vehicle safety Department of Transportation, Docket driver’s side B-pillar. In each vehicle without for the following reasons: a driver’s side B-pillar and with two doors on (1) All information for maintaining Operations, M–30, West Building the driver’s side of the vehicle opening in and/or replacing the front and rear tires, Ground Floor, Room W12–140, 1200 opposite directions, the placard shall be as well as the seating capacity and New Jersey Avenue, SE., Washington, affixed on the forward edge of the rear side DC 20590. door. If the above locations do not permit the vehicle capacity weight are correct on tire and loading information labels on b. By hand delivery to U.S. affixing of a placard that is legible, visible Department of Transportation, Docket and prominent, the placard shall be the subject vehicles. permanently affixed to the rear edge of the (2) The vehicles are equipped with Operations, M–30, West Building driver’s side door. If this location does not spare tires that have the complete tire Ground Floor, Room W12–140, 1200 permit the affixing of a placard that is legible, size (T125/80R16) molded their New Jersey Avenue, SE., Washington, visible and prominent, the placard shall be sidewalls. DC 20590. The Docket Section is open affixed to the inward facing surface of the (3) When a customer needs to replace on weekdays from 10 a.m. to 5 p.m. vehicle next to the driver’s seating position. except Federal Holidays. This information shall be in the English the spare tire, he/she will take the vehicle to a tire store. The tire store will c. Electronically: By logging onto the language and conform in color and format, Federal Docket Management System not including the border surrounding the know what compact spare tire is needed entire placard, as shown in the example set based on the information in their catalog (FDMS) Web site at forth in Figure 1 in this standard. At the or by looking at the spare tire provided http://www.regulations.gov/. Follow the manufacturer’s option, the information with the vehicle. In the case, they were online instructions for submitting specified in S4.3 (c), (d), and, as appropriate, to refer to the tire and loading comments. Comments may also be faxed (h) and (i) may be shown, alternatively to information label, it will show the spare to 1–202–493–2251. being shown on the placard, on a tire tire size 125/80R16 without the letter T. Comments must be written in the inflation pressure label which must conform English language, and be no greater than in color and format, not including the border The only tire available with the size surrounding the entire label, as shown in the designation of 125/80R16 is the compact 15 pages in length, although there is no example set forth in Figure 2 in this standard. spare tire T125/80R16, and should not limit to the length of necessary The label shall be permanently affixed and cause any confusion or error. attachments to the comments. If proximate to the placard required by this (4) Risk to the public is negligible comments are submitted in hard copy paragraph. The information specified in S4.3 because the vehicles are equipped with form, please ensure that two copies are (e) shall be shown on both the vehicle the correct spare tire, and the tire and provided. If you wish to receive placard and on the tire inflation pressure loading information label does have the confirmation that your comments were label (if such a label is affixed to provide the received, please enclose a stamped, self- information specified in S4.3 (c), (d), and, as correct inflation pressure for the appropriate, (h) and (i)) may be shown in the compact spare tire. addressed postcard with the comments. format and color scheme set forth in Figures (5) GM is not aware of any incidents Note that all comments received will be 1 and 2. * * * or injuries related to the subject posted without change to (d) Tire size designation, indicated by the condition. http://www.regulations.gov, including headings ‘‘size’’ or ‘‘original tire size’’ or GM has additionally informed any personal information provided. ‘‘original size,’’ and ‘‘spare tire’’ or ‘‘spare,’’ for NHTSA that it has corrected the Anyone is able to search the noncompliance so that all future electronic form of all comments 2 GM’s petition, which was filed under 49 CFR production vehicles will have compliant received into any of our dockets by the part 556, requests an agency decision to exempt GM as a manufacturer from the notification and recall labels. name of the individual submitting the responsibilities of 49 CFR part 573 for 1,113 of the In summation, GM believes that the comment (or signing the comment, if affected vehicles. However, the agency cannot described noncompliance of its vehicles submitted on behalf of an association, relieve GM distributors of the prohibitions on the to meet the requirements of FMVSS No. business, labor union, etc.). DOT’s sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the 110 is inconsequential to motor vehicle complete Privacy Act Statement in the noncompliant vehicles under their control after GM safety, and that its petition, to exempt Federal Register published on April 11, recognized that the subject noncompliance existed. from providing recall notification of 2000 (65 FR 19477–78).

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You may view documents submitted • Mail: Send comments to the Docket DEPARTMENT OF TRANSPORTATION to a docket at the address and times Management Facility; U.S. Department given above. You may also view the of Transportation, 1200 New Jersey Federal Aviation Administration documents on the Internet at Avenue, SE., West Building Ground [Summary Notice No. PE–2010–53] http://www.regulations.gov by following Floor, Room W12–140, Washington, DC the online instructions for accessing the 20590. Petition for Exemption; Summary of dockets available at that Web site. • Fax: Fax comments to the Docket Petition Received The petition, supporting materials, Management Facility at 202–493–2251. and all comments received before the AGENCY: Federal Aviation • Hand Delivery: Bring comments to close of business on the closing date Administration, DOT. the Docket Management Facility in indicated below will be filed and will be ACTION: Room W12–140 of the West Building Notice of petition for exemption considered. All comments and Ground Floor at 1200 New Jersey received. supporting materials received after the Avenue, SE., Washington, DC, between closing date will also be filed and will SUMMARY: This notice contains a 9 a.m. and 5 p.m., Monday through be considered to the extent possible. summary of a petition seeking relief Friday, except Federal holidays. When the petition is granted or denied, from specified requirements of 14 CFR. notice of the decision will be published Privacy: We will post all comments The purpose of this notice is to improve in the Federal Register pursuant to the we receive, without change, to the public’s awareness of, and authority indicated below. http://www.regulations.gov, including participation in, this aspect of FAA’s Comment closing date: December 20, any personal information you provide. regulatory activities. Neither publication 2010 Using the search function of our docket of this notice nor the inclusion or Web site, anyone can find and read the omission of information in the summary Authority: 49 U.S.C. 30118, 30120: comments received into any of our Delegations of authority at CFR 1.50 and is intended to affect the legal status of 501.8. dockets, including the name of the the petition or its final disposition. individual sending the comment (or DATES: Issued on: November 15, 2010. Comments on this petition must signing the comment for an association, identify the petition docket number Claude H. Harris, business, labor union, etc.). You may involved and must be received on or Director, Office of Vehicle Safety Compliance. review DOT’s complete Privacy Act before November 29, 2010. [FR Doc. 2010–29168 Filed 11–18–10; 8:45 am] Statement in the Federal Register ADDRESSES: You may send comments BILLING CODE 4910–59–P published on April 11, 2000 (65 FR identified by Docket Number FAA– 19477–78). 2010–0947 and FAA–2010–0970 using Docket: To read background DEPARTMENT OF TRANSPORTATION any of the following methods: documents or comments received, go to • Government-wide rulemaking Web Federal Aviation Administration http://www.regulations.gov at any time site: Go to http://www.regulations.gov or to the Docket Management Facility in and follow the instructions for sending Room W12–140 of the West Building [Summary Notice No. PE–2010–51] your comments electronically. Ground Floor at 1200 New Jersey • Mail: Send comments to the Docket Petition for Exemption; Summary of Avenue, SE., Washington, DC, between Management Facility; U.S. Department Petition Received 9 a.m. and 5 p.m., Monday through of Transportation, 1200 New Jersey Friday, except Federal holidays. Avenue, SE., West Building Ground AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Floor, Room W12–140, Washington, DC Administration, DOT. Keira Jones (202) 267–4025, Tyneka 20590. • ACTION: Notice of petition for exemption Thomas (202) 267–7626 or David Fax: Fax comments to the Docket received. Staples (202) 267–4058, Office of Management Facility at 202–493–2251. • Rulemaking, Federal Aviation Hand Delivery: Bring comments to SUMMARY: This notice contains a the Docket Management Facility in summary of a petition seeking relief Administration, 800 Independence Avenue, SW., Washington, DC 20591. Room W12–140 of the West Building from specified requirements of 14 CFR. Ground Floor at 1200 New Jersey The purpose of this notice is to improve This notice is published pursuant to 14 CFR 11.85. Avenue, SE., Washington, DC, between the public’s awareness of, and 9 a.m. and 5 p.m., Monday through participation in, this aspect of FAA’s Issued in Washington, DC, on November Friday, except Federal holidays. 15, 2010. regulatory activities. Neither publication Privacy: We will post all comments of this notice nor the inclusion or Dennis Pratte, we receive, without change, to omission of information in the summary Acting Deputy Director, Office of Rulemaking. http://www.regulations.gov, including is intended to affect the legal status of Petition For Exemption any personal information you provide. the petition or its final disposition. Using the search function of our docket DATES: Comments on this petition must Docket No.: FAA–2010–1012. Web site, anyone can find and read the identify the petition docket number Petitioner: Seaborne Airlines. comments received into any of our involved and must be received on or Section of 14 CFR Affected: dockets, including the name of the before November 29, 2010. individual sending the comment (or 14 CFR 121.305(j) ADDRESSES: You may send comments signing the comment for an association, identified by Docket Number FAA– Description of Relief Sought: Seaborne business, labor union, etc.). You may 2010–1012 using any of the following Airlines is requesting relief from the review DOT’s complete Privacy Act methods: requirement to install a third gyroscopic Statement in the Federal Register • Government-wide rulemaking Web bank and pitch indicator in its DHC–6– published on April 11, 2000 (65 FR site: Go to http://www.regulations.gov 300 aircraft. 19477–78). and follow the instructions for sending [FR Doc. 2010–29195 Filed 11–18–10; 8:45 am] Docket: To read background your comments electronically. BILLING CODE 4910–13–P documents or comments received, go to

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http://www.regulations.gov at any time agency. The TAM pilot program is infrastructure. Specifically, the bill or to the Docket Management Facility in intended to address several public states: Room W12–140 of the West Building transportation asset management ‘‘Asset Management—The conference Ground Floor at 1200 New Jersey challenges identified in previous agreement includes $5,000,000 to develop Avenue, SE., Washington, DC, between research by FTA.1 FTA contemplates asset management plans, technical 9 a.m. and 5 p.m., Monday through making multiple cooperative agreement assistance, data collection and a pilot Friday, except Federal holidays. awards for TAM pilot projects to varied program as proposed by the Senate. The House did not include similar language. The FOR FURTHER INFORMATION CONTACT: teams. conferees expect the pilot program to include Keira Jones, 202–267–4025, or Tyneka The total available funding for the transit agencies that vary in size and direct L. Thomas, 202–267–7626, Office of TAM pilot program is $3 million. FTA FTA to report findings to the House and Rulemaking, Federal Aviation will award cooperative agreements, up Senate Committees on appropriations within Administration, 800 Independence to $1 million each, to successful 18 months of enactment.’’ Avenue, SW., Washington, DC 20591. proposers for pilot projects that will FTA is using a portion of this research This notice is published pursuant to demonstrate certain aspects of TAM funding, authorized by 49 U.S.C. 5312, 14 CFR 11.85. systems. Successful TAM pilot projects to support research in asset management Issued in Washington, DC, on November will promote the use of advanced tools practices and condition assessment 16, 2010. and practices throughout the public methodologies, as well as new data Dennis Pratte, transportation industry. FTA is looking collection and analysis activities. $3 Acting Director, Office of Rulemaking. for innovative approaches to asset million has been reserved for the pilot management using proven technology projects being solicited in this RFP. Petition For Exemption that will enhance the ability of public Docket No.: FAA–2010–0947 and transportation providers, MPOs, and II. Background and Objectives FAA–2010–0970. state DOTs to maintain their assets in a FTA is one of eleven agencies in the Petitioner: Seaborne Virgin Islands, state of good repair and/or make more Department of Transportation (DOT) Inc. d.b.a. Seaborne Airlines. informed resource allocation decisions. and has the primary responsibility of Section of 14 CFR Affected: Part 121, Proposed solutions must be scalable and carrying out the Federal mandate of Appendix K, Paragraph 5(a) transferable such that they can be promoting and improving the nation’s Description of Relief Sought: adapted by public transportation public transportation system. As part of Seaborne Virgin Islands, Inc. d.b.a. agencies and organizations of various its role, FTA provides over $10 billion Seaborne Airlines (Seaborne) petitioned sizes and modes. Additionally, FTA annually in financial assistance to for exemption from certain aircraft seeks to provide technical assistance to transit agencies and states for building performance requirements in part 121, public transportation agencies through and maintaining public transportation Appendix K, Paragraph 5(a) that are written reports and technical knowledge systems. There is growing concern that effective on and after December 20, to be provided under the cooperative a significant portion of the nation’s 2010, that pertain to the operations of agreements. public transportation assets are in need Seaborne’s DHC–6–300 airplanes (float DATES: Proposals must be submitted of capital reinvestment due to the and wheel equipped). electronically by January 18, 2011. historically inadequate level of financial [FR Doc. 2010–29196 Filed 11–18–10; 8:45 am] resources available for maintenance and ADDRESSES: Proposals shall be asset replacement activities and/or an BILLING CODE 4910–13–P submitted electronically to inability by agencies to set appropriate http://www.grants.gov. The Web site recapitalization priorities due to a lack allows organizations to find and apply DEPARTMENT OF TRANSPORTATION of effective and easily adopted asset for funding opportunities electronically condition assessment tools and systems. Federal Transit Administration from all Federal grant-making agencies The National State of Good Repair and is the single access point for over Assessment, published by FTA in June Transit Asset Management (TAM) Pilot 1,000 cooperative agreement programs 2010, indicated that roughly one-third Program offered by the 26 Federal grant-making of the nation’s public transit assets agencies. AGENCY: Federal Transit Administration, (weighted by replacement value) are in Mail and fax submissions will not be United States Department of marginal or poor condition and that accepted (excluding supplemental Transportation. almost $80 billion is needed to bring information which cannot be sent ACTION: Request for Proposals (RFP). them into a ‘‘state of good repair.’’ It has electronically). been widely acknowledged that asset SUMMARY: The Federal Transit FOR FURTHER INFORMATION CONTACT: management practices in the public Administration (FTA) is soliciting Contact Aaron C. James, Director, Office transportation sector have not received proposals from public transportation of Engineering, (202) 493–0107, the same level of technical advancement providers, state Departments of [email protected] for proposal- or attention as have those used for the Transportation (DOT), and Metropolitan specific information and issues. nation’s highways and public utilities. Planning Organizations (MPO)— FTA commissioned a review of ‘‘Transit individually or in partnership—to I. Funding Authority Asset Management Practices—National demonstrate effective Transit Asset The FY 2010 DOT–HUD and International’’ and posted this Management (TAM) systems and ‘‘best appropriations bill provides significant report to its Web site in July 2010. The practices’’, which can be replicated to resources to FTA to encourage improved review found that while several transit improve transportation asset management of the condition and agencies are utilizing TAM systems of management at the nation’s rail and bus recapitalization of the Nation’s transit one form or another, there are many public transportation agencies. Public transit agencies without a system in sector applicants may partner with asset 1 National State of Good Repair Assessment, June place for managing the condition of management system suppliers; however 2010 and Transit Asset Management Practices—A their capital assets in a holistic manner. the official proposer must be a public National and International Review, July 2010. Effective TAM systems use quality data

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and well-defined objectives as part of a public transportation industry as a Referring to the diagram below, this systematic process to strategically whole, FTA is looking to partner with TAM pilot program is aimed at maintain, and improve, capital assets, transit agencies, state DOTs, MPOs, and demonstrating solutions to asset resulting in the optimal allocation and asset management system suppliers to management challenges in each of the utilization of available funding. demonstrate innovative approaches for four phases of the asset management To help increase the number of transit managing transportation assets from the cycle, as well as improvements to the agencies with complete and up-to-date initial capital asset acquisition planning overall asset management flow and capital asset inventories and improve phase to the asset recapitalization approach. the level of asset management in the phase.

FTA intends to disseminate IV. Eligibility A strong preference for software innovative and/or improved asset All proposals must meet the following products that promote data management methods developed as part minimum requirements to be eligible for interoperability between diverse types of this pilot program to the industry-at- further consideration of a cooperative of information technology systems large so that public transportation agreement award: through use of open data formats and agencies, state DOTs and MPOs can 1. All proposing entities and/or teams standard data communication protocols prioritize their transit asset repair, must provide written certification that is desired by FTA.] recapitalization and replacement needs, they have existing TAM systems and 6. Transit asset management systems and develop reasonable cost/schedule practices currently in use and are and solutions proposed must have a ‘‘ estimates for achieving a state of good willing to provide a system high probability of being successfully ’’ repair . Asset management tools that demonstration. implemented in lieu of newer, high-risk will promote better management of 2. New systems and solutions, if or experimental proposals involving safety-related public transportation proposed, must be a recent evolution of unproven systems. capital assets will be of particular an existing system in use. 7. Must be completed within 18 interest. 3. Proposing entities and/or teams months or less. FTA will participate in TAM pilot must already possess the technical 8. Must result in asset management program activities at the project level by capacity and capability to complete the tools and practices that can be attending review meetings, commenting TAM project. implemented at reasonable cost other on technical reports, and maintaining 4. Asset management system agencies of varying sizes and modal frequent contact with the project suppliers must have currently available composition. More expensive tools or manager. FTA subject matter experts commercial products to qualify as an practices can be identified but should be (staff or contractors) will also be asset management system supplier; in addition to cost effective solutions, if included in the project evaluations. however products proposed do not proposed. Proposers will be required to assist necessarily have to be commercially 9. Must provide for data compatibility FTA in reporting the TAM pilot available at the time of the proposal and data transfer with other transit program’s progress to Congress, as submission but must be a recent management systems (e.g. maintenance necessary. evolution of a currently available management, financial management, etc.). III. Schedule commercial product if new. 5. Any proposed software system V. Proposal Requirements The successful proposers will be must explicitly state what data formats announced in late February 2011 with and communication protocols are A. Submission Process an anticipated Notice to Proceed (NTP) supported ‘‘off the shelf’’ and whether or Proposals shall be submitted in early March, 2011. not they are proprietary in nature. [Note: electronically to http://www.grants.gov.

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Mailed and faxed submissions will not c. Performing and tracking required letter’’ stating FTA will have be accepted (except for supplemental maintenance for all asset inventory unrestricted rights to use data outputs information that cannot be sent categories. generated. electronically). 4. Provide methodologies to better 4. Project narrative (not to exceed 30 Please deliver supplemental materials prioritize reinvestment needs including: pages)—Project narrative shall include to Doris Lyons, Office of Program a. Life-cycle planning of long-lived the following information: Management, assets such as maintenance facilities, a. Project Understanding and TAM Doris.Lyonsmailto:@dot.gov, Federal systems infrastructure and underground approach—Understanding of FTA’s Transit Administration, 1200 New structures. goals and objectives the problem to be Jersey Avenue, SE., Room E46–204, b. Innovative ways to evaluate the addressed, beyond the description Washington, DC 20590. effects of capital reinvestment decisions provided by FTA in this RFP; and the on system performance in terms of proposed approach for executing the B. Projects Criteria capacity, safety, reliability, research project. Particular attention Proposals will be evaluated on the maintainability, and operating costs. should be given to describing how the basis of their implementation of the c. Risk-based approaches that factor in proposing entity will ensure that the following major functionalities. the risks associated with deteriorating proposed TAM project will result in Proposals should specifically address asset conditions as opposed to just beneficial systems and solutions that one or more of the following functions relying on an asset’s age to set can be readily implemented at other and clearly state the function(s) for recapitalization priorities. agencies of varying sizes and modes. which a solution is being proposed. d. The ability to perform scenario b. Past Experience—Experience in 1. Demonstrate innovative approaches analysis involving both constrained and asset management implementation and to public transportation systems unconstrained needs, as well as the knowledge of public transportation planning at the state DOT or MPO level ability to project the optimal management issues related to asset that incorporates the long-term costs of distribution of work given likely management. maintaining the systems in a state of funding levels along with estimated c. Technical Capacity—Technical good repair (SGR) including: impacts associated with deferred experience and ability of the proposing a. Ensuring agency policy goals and maintenance. organization to address asset objectives are aligned with an approach 5. Simplify and improve the integrity management issues identified in this focused on achieving and maintaining a of asset condition data collection RFP and the availability of key project state of good repair. through the use of technology and resources. b. Setting comprehensive policy process re-engineering. 5. Preliminary Project Implementation intended to minimize life-cycle costs For purposes of this TAM pilot Plan that includes well defined and maximize asset serviceability. program, FTA is primarily interested in objectives, resources, tasks to c. Implementing an asset management pursuing the TAM projects described accomplish the objectives and a system as part of a strategic plan for above however, other TAM projects may schedule of activities with timelines, managing assets from cradle to grave, be proposed as long as they are and deliverables. including initial funding and financing consistent with FTA’s stated objectives 6. A Small Business (SB) scenarios. in Section II and they meet the Subcontracting Plan detailing how small 2. Provide a transit capital asset eligibility requirements in Section IV. businesses will be utilized as members inventory database with sufficient Upon completion of FTA’s proposal of the proposing team. Joint ventures capacity and functionality to track all review, evaluation, scoring and ranking with Disadvantaged Business Enterprise categories of public transportation process, FTA reserves the right to (DBE) firms (i.e., Small Business owned capital assets combined: negotiate cooperative agreement awards and controlled by Minorities, Women or a. Specifying data items and protocol, for entire proposal offerings or specific Disabled Veterans) with requisite for each asset, portions of proposals. experience are encouraged. b. Specifying data collection methods, In addition to the required proposal C. Proposal Content and elements, proposers have the option to c. Tracking complex assets, such as Proposals shall be limited to 60 pages submit supplemental material such as: vehicles, facilities, and structures, at the in total length and shall contain the Brochures, publications, products, system component and major following: letters of support etc. Such subcomponents level. 1. Cover sheet (1 page)—Includes the supplemental materials, when 3. Demonstrate proven asset entity submitting the proposal, the submitted in appendices, will not be inspection methods including frequency principal investigator’s name, title, and considered a part of the 60-page and general criteria for identifying contact information (e.g. address, proposal limit. deficiencies, taking into account other phone, fax, and e-mail). Name and industry practices (e.g. use of state contact information for the entity’s key D. Deliverables highway bridge inspection procedures point(s) of contact for all cooperative Successful proposers are not required on elevated structures) that can be activities (if different from the principle to deliver proprietary systems effectively applied throughout the investigator). information to FTA. The following are public transportation industry, for: 2. Abstract (2 pages)—Abstract shall required: a. Assessing the physical condition of include project background, purpose, 1. Monthly progress reports with a all asset categories, especially those demonstration methodology, intended narrative describing progress on key providing a safety critical function, outcomes, and method of measuring milestone activities, monthly and b. Providing a comprehensive set of how successful the project has been in cumulative budget expenditures, SB and performance measures for rating asset achieving the intended outcomes. DBE utilization, problems encountered condition at the system component level 3. Statement of Eligibility—The and work planned for the next month. (e.g. vehicles, facilities, stations, etc.) eligibility requirements (as listed in 2. A detailed Project Implementation and major subcomponents level (e.g. Section IV above) should be addressed Plan within 15 working days of escalators, elevators, etc.). in narrative form and include a ‘‘waiver receiving a Notice to Proceed (NTP).

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3. Fifteen (15) bound copies 3. Product superiority based on the Officer listed. Comments regarding this (including 5 color copies) and an degree to which all eligibility information collection should be electronic copy in PDF format of an requirements are met or exceeded, addressed to the OMB reviewer listed Interim Report presenting objectives, including software products that and to the Treasury PRA Clearance approach, interim findings and promote data interoperability. (30%). Officer, Department of the Treasury, recommendations along with supporting 4. Preliminary Project Implementation 1750 Pennsylvania Avenue, NW., Suite data by May 30, 2011. Plan. (15%) 11010, Washington, DC 20220. 4. A presentation of the Interim 5. Small Business Subcontracting Plan Dates: Written comments should be Report, at FTA headquarters or via detailing how small businesses will be received on or before December 20, 2010 webinar/conference call by June 6, 2011. utilized as members of the proposing to be assured of consideration. 5. Fifteen (15) bound copies team. (10%) Bureau of the Public Debt (BPD) (including 5 color copies) and an After technical proposals have been electronic copy in PDF format of a evaluated, scored and ranked according OMB Number: 1535–0112. Preliminary Report presenting to overall value, FTA will enter into Type of Review: Extension without objectives, approach, preliminary negotiations with the entities that change of a currently approved findings, and recommendations, submitted the highest ranked proposals collection. supporting data, and comments from to set the cooperative agreement project Title: Sale and Issue of Marketable FTA on the Interim Report, no later than scope and cost. Book-Entry Treasury Bills, Notes and 4 months after completion of Interim VII. Award Administration Bonds. Report. Following receipt of the FTA Abstract: Information needed in order 6. A presentation of the Preliminary Administrator’s notification letter, the to process tender and to ensure Report, at FTA headquarters or via successful entity(ies) will be required to compliance with Treasury Auction webinar/conference call within two submit its proposal through the FTA Rules. weeks of submission of Preliminary Transportation Electronic Award Respondents: Individuals and Report. Management (TEAM) system. FTA will Households. 7. Fifteen (15) bound copies manage the cooperative agreement(s) Estimated Total Burden Hours: 1 (including 5 color copies) and an through the TEAM system. Before FTA hour. electronic copy in PDF format of a Final may award Federal financial assistance OMB Number: 1535–0128. Report, addressing preliminary report through a Federal cooperative Type of Review: Extension without findings and FTA comments, no later agreement, the entity must submit all change of a currently approved than 16 months after NTP. certifications and assurances pertaining collection. 8. A presentation of the Final Report to itself and its project as required by Title: Direct Deposit Sign-Up Form. at FTA headquarters or via webinar/ Federal laws and regulations. The Fiscal Form: PD F 5396. conference call within two weeks of Year 2011 Annual List of Certifications Abstract: Used to process payment submission of the Final Report. and Assurances for FTA Cooperative data to the financial institution. 9. Forty (40) hours of technical Agreements and Guidelines will be Respondents: Individuals and assistance by suitable staff to participate published in the Federal Register and Households. in information exchange forums such as posted on the FTA Web site at Estimated Total Burden Hours: 3,060 webinars, meetings, teleconferences, or http://www.fta.dot.gov. hours. workshops to explain TAM solution. 10. TAM software methodology, VIII. Agency Contact OMB Number: 1535–0069. solutions and non proprietary TAM Contact Aaron C. James, Director, Type of Review: Revision of a systems information with appropriate Office of Engineering, (202) 493–0107, currently approved collection. level of documentation and [email protected] for proposal- Title: Treasury Direct Forms. recommended practice(s) in a medium specific information and issues. Forms: 5261, 5181, PD F 5189, PD F 5178, PD F 5179–1, PD F 5180, PD F compatible with FTA software Issued in Washington, DC this 15th day of system(s). November 2010. 5381, PD F 5179, PD F 5182, PD F 5236, PD F 5235, PD F 5188, PD F 5191. Proposers should plan on providing at Peter Rogoff, Abstract: Used to purchase and least one of the three presentations Administrator. required above, in person to FTA at its maintain Treasury Bills, Notes and [FR Doc. 2010–29176 Filed 11–18–10; 8:45 am] headquarters in Washington, DC. FTA Bonds. will make every effort to accommodate BILLING CODE P Respondents: Individuals and webinars or conference calls for the Households. other two presentations. Estimated Total Burden Hours: 25,018 DEPARTMENT OF THE TREASURY Other deliverables, if applicable, will hours. be negotiated prior to award of the Submission for OMB Review; Bureau Clearance Officer: Bruce cooperative agreement(s). Electronic Comment Request Sharp, Bureau of the Public Debt, 200 copies of all deliverables must be Third Street, Parkersburg, West Virginia provided in PDF format and in November 12, 2010. 26106; (304) 480–8112. Microsoft Office. The Department of the Treasury will OMB Reviewer: Shagufta Ahmed, submit the following public information VI. Evaluation Criteria Office of Management and Budget, New collection requirement to OMB for Executive Office Building, Room 10235, Proposals will be evaluated based on review and clearance under the Washington, DC 20503; (202) 395–7873. the following criteria and scoring Paperwork Reduction Act of 1995, system: Public Law 104–13 on or after the date Celina Elphage, 1. Project understanding and of publication of this notice. A copy of Treasury PRA Clearance Officer. approach. (25%) the submission may be obtained by [FR Doc. 2010–29151 Filed 11–18–10; 8:45 am] 2. Technical capacity. (20%) calling the Treasury Bureau Clearance BILLING CODE 4810–39–P

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DEPARTMENT OF THE TREASURY Executive Office Building, Room 10235, accurately capture the burden on the Washington, DC 20503; (202) 395–7873. taxpayer. Submission for OMB Review; Type of Review: Revision of a Comment Request Celina Elphage, Treasury PRA Clearance Officer. currently approved collection. November 12, 2010. [FR Doc. 2010–29153 Filed 11–18–10; 8:45 am] Affected Public: Business or other for- The Department of the Treasury will BILLING CODE 4810–02–P profit organizations, individuals or submit the following public information households, and not-for-profit institutions, farms, and Federal, State, collection requirement(s) to OMB for DEPARTMENT OF THE TREASURY review and clearance under the local or tribal governments. Paperwork Reduction Act of 1995, Internal Revenue Service Estimated Number of responses: Public Law 104–13 on or after the date 313,391. of publication of this notice. Copies of Proposed Collection; Comment Estimated Time per response: 61 the submission(s) may be obtained by Request for Form 8849 hours, 50 minutes. calling the Treasury Bureau Clearance AGENCY: Internal Revenue Service, Estimated Total Annual Burden Officer listed. Comments regarding this Treasury. information collection should be Hours: 3,225,195. ACTION: Notice and request for addressed to the OMB reviewer listed The following paragraph applies to all comments. and to the Treasury Department of the collections of information covered Clearance Officer, Department of the SUMMARY: The Department of the by this notice: Treasury, Room 11000, 1750 Treasury, as part of its continuing effort An agency may not conduct or Pennsylvania Avenue, NW., to reduce paperwork and respondent sponsor, and a person is not required to Washington, DC 20220. burden, invites the general public and respond to, a collection of information DATES: Written comments should be other Federal agencies to take this unless the collection of information received on or before December 20, 2010 opportunity to comment on proposed displays a valid OMB control number. to be assured of consideration. and/or continuing information Books or records relating to a collection collections, as required by the of information must be retained as long Financial Crimes Enforcement Network Paperwork Reduction Act of 1995, as their contents may become material (FinCEN) Public Law 104–13 (44 U.S.C. in the administration of any internal 3506(c)(2)(A)). Currently, the IRS is OMB Number: 1506–0046. revenue law. Generally, tax returns and soliciting comments concerning Form tax return information are confidential, 8849, Claim for Refund of Excise Taxes. Type of Review: Extension without as required by 26 U.S.C. 6103. change to a currently approved DATES: Written comments should be collection. received on or before January 18, 2011 Request for Comments: Comments to be assured of consideration. submitted in response to this notice will Title: Financial Crimes Enforcement be summarized and/or included in the ADDRESSES: Direct all written comments Network; Anti-Money Laundering request for OMB approval. All Programs; Special Due Diligence to Allan Hopkins, Internal Revenue comments will become a matter of Programs for Certain Foreign Accounts. Service, Room 6129, 1111 Constitution Avenue, NW., Washington, DC 20224. public record. Comments are invited on: Abstract: The Financial Crimes (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: Enforcement Network is renewing information is necessary for the proper Requests for additional information or without change this Bank Secrecy Act performance of the functions of the regulation that implements section copies of the form and instructions should be directed to Ralph M. Terry, at agency, including whether the 5318(i)(2) of title 31, United States information shall have practical utility; Code, as added by section 312 of the (202) 622–8144, or at Internal Revenue Service, Room 6129, 1111 Constitution (b) the accuracy of the agency’s estimate Uniting and Strengthening America by of the burden of the collection of Providing Appropriate Tools Required Avenue, NW., Washington, DC 20224, or through the Internet, at information; (c) ways to enhance the to Intercept and Obstruct Terrorism [email protected]. quality, utility, and clarity of the (USA PATRIOT) Act of 2001 (‘‘Act’’), information to be collected; (d) ways to which requires U.S. financial SUPPLEMENTARY INFORMATION: Title: Claim for Refund of Excise minimize the burden of the collection of institutions to conduct enhanced due information on respondents, including diligence with regard to correspondent Taxes. through the use of automated collection accounts established, maintained, OMB Number: 1545–1420. Form Number: 8849. techniques or other forms of information administered, or managed for certain Abstract: IRC Sections 6402, 6404, technology; and (e) estimates of capital types of foreign banks. 6511 and sections 301.6402–2, or start-up costs and costs of operation, Respondents: Businesses or other for- 301.6404–1, and 301.6404–3 of the maintenance, and purchase of services profits. regulations allow for refunds of taxes to provide information. (except income taxes) or refund, Estimated Total Burden Hours: 56,326 Approved: November 10, 2010. hours. abatement, or credit or interest, penalties, and additions to tax in the Allan Hopkins, Bureau Clearance Officer: Russell event of errors or certain actions by the IRS Reports Clearance Officer. Stephenson (202) 354–6012, Department IRS. Form 8849 is used by taxpayers to [FR Doc. 2010–29155 Filed 11–18–10; 8:45 am] of the Treasury, Financial Crimes claim refunds of excise taxes. BILLING CODE 4830–01–P Enforcement Network, P.O. Box 39, Current Actions: There are no Vienna, VA 22183; (202) 354–6012. significant changes to the form OMB Reviewer: Shagufta Ahmed, previously approved by OMB. Changes Office of Management and Budget, New were made to the estimates to more

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DEPARTMENT OF THE TREASURY W–12 will be used to collect the Approved: November 4, 2010. information the new regulations require, Gerald Shields, Internal Revenue Service and to collect the information the third IRS Supervisory Tax Analyst. party needs to administer the PTIN Proposed Collection; Comment [FR Doc. 2010–29156 Filed 11–18–10; 8:45 am] application process. BILLING CODE 4830–01–P Request for Form W–12 Current Actions: There is no change AGENCY: Internal Revenue Service, in the paperwork burden previously Treasury. approved by OMB. This form is being submitted for renewal purposes only. ACTION: Notice and request for DEPARTMENT OF VETERANS Type of Review: Extension of a comments. AFFAIRS currently approved collection. SUMMARY: The Department of the Affected Public: Businesses and other Special Medical Advisory Group; Treasury, as part of its continuing effort for-profit organizations. Notice of Meeting to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and 1,200,000. The Department of Veterans Affairs other Federal agencies to take this Estimated Total Annual Burden (VA) gives notice under Public Law 92– opportunity to comment on proposed Hours: 1,464,000. 463 (Federal Advisory Committee Act) and/or continuing information The following paragraph applies to all that the Special Medical Advisory collections, as required by the of the collections of information covered Group will meet on December 1, 2010, Paperwork Reduction Act of 1995, by this notice: in Room 830 at VA Central Office, 810 Public Law 104–13 (44 U.S.C. An agency may not conduct or Vermont Avenue, NW., Washington, 3506(c)(2)(A)). Currently, the IRS is sponsor, and a person is not required to DC, from 8:30 a.m. to 3 p.m. The soliciting comments concerning Form respond to, a collection of information meeting is open to the public. W–12 IRS Paid Preparer Tax unless the collection of information The purpose of the Group is to advise Identification Number (PTIN). displays a valid OMB control number. the Secretary of Veterans Affairs and the Books or records relating to a collection Under Secretary for Health on the care DATES: Written comments should be of information must be retained as long and treatment of disabled Veterans, and received on or before January 18, 2011 as their contents may become material other matters pertinent to the to be assured of consideration. in the administration of any internal Department’s Veterans Health ADDRESSES: Direct all written comments revenue law. Generally, tax returns and Administration (VHA). to Gerald Shields, Internal Revenue tax return information are confidential, The agenda for the meeting will Service, Room 6129, 1111 Constitution as required by 26 U.S.C. 6103. include discussions on the direction of Avenue NW., Washington, DC 20224. Request for Comments: Comments VHA; healthcare reforms impact on FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will VHA; enhancing the role of the Group; Requests for additional information or be summarized and/or included in the VA compensation and effect; and an copies of the form and instructions request for OMB approval. All update on the Blue Ribbon Panel on should be directed to Joel Goldberger, comments will become a matter of VA–Medical School Affiliations Report. (202) 927–9368, or at Internal Revenue public record. Comments are invited on: Any member of the public wishing to Service, Room 6129, 1111 Constitution (a) Whether the collection of attend should contact Juanita Leslie, Avenue, NW., Washington, DC 20224, information is necessary for the proper Office of Administrative Operations or through the Internet at performance of the functions of the (10B2), Veterans Health Administration, [email protected]. agency, including whether the at (202) 461–7019 or e-mail at SUPPLEMENTARY INFORMATION: information shall have practical utility; [email protected]. No time will be set Title: IRS Paid Preparer Tax (b) the accuracy of the agency’s estimate aside at this meeting for receiving oral Identification Number (PTIN). of the burden of the collection of presentations from the public. OMB Number: 1545–2190. information; (c) ways to enhance the Statements, in written form, may be Form Number: Form W–12. quality, utility, and clarity of the submitted to Ms. Leslie before the Abstract: Paid tax return preparers information to be collected; (d) ways to meeting or within 10 days after the will be required to get a preparer tax minimize the burden of the collection of meeting. identification number (PTIN), and to information on respondents, including Dated: November 15, 2010. pay the fee required with the through the use of automated collection application. A third party will techniques or other forms of information By Direction of the Secretary. administer the PTIN application technology; and (e) estimates of capital Vivian Drake, process. Most applications will be filled or start-up costs and costs of operation, Acting Committee Management Officer. out on-line. Form W–12 is being maintenance, and purchase of services [FR Doc. 2010–29186 Filed 11–18–10; 8:45 am] developed to replace Form W–7P. Form to provide information. BILLING CODE P

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Part II

Commodity Futures Trading Corporation 17 CFR Part 48 Registration of Foreign Boards of Trade; Proposed Rule

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COMMODITY FUTURES TRADING remove any or all of your submission rules and regulations prescribing COMMISSION from http://www.cftc.gov that it may procedures and requirements applicable deem to be inappropriate for to the registration of such FBOTs. The 17 CFR Part 48 publication, such as obscene language. Commission has determined to RIN 3038–AD19 All submissions that have been redacted promulgate rules to implement these or removed that contain comments on provisions by July 15, 2011.5 Registration of Foreign Boards of the merits of the rulemaking will be Accordingly, the Commission is Trade retained in the public comment file and proposing to adopt a new part 48 6 to its will be considered as required under the regulations to establish a registration AGENCY: Commodity Futures Trading Administrative Procedure Act and other requirement and related registration Commission. applicable laws, and may be accessible procedures and conditions that apply to ACTION: Notice of proposed rulemaking. under the Freedom of Information Act. FBOTs that wish to provide their FOR FURTHER INFORMATION CONTACT: members or other participants located in SUMMARY: The Commodity Futures Duane C. Andresen, Senior Special the United States with direct access to Trading Commission (Commission or Counsel, (202) 418–5492, their electronic trading and order CFTC) is proposing rules to implement [email protected], or David Steinberg, matching systems. The Commission new statutory provisions enacted by Special Counsel, (202) 418–5102, requests comment on all aspects of the Title VII of the Dodd-Frank Wall Street [email protected], Division of Market proposed rules, as well as comment on Reform and Consumer Protection Act. Oversight, Commodity Futures Trading the specific provisions and issues These proposed rules establish a Commission, Three Lafayette Centre, highlighted in the discussion below. registration requirement that applies to 1155 21st Street, NW., Washington, DC foreign boards of trade (FBOT) that wish II. Relief Granted to Foreign Boards of 20581. Trade to provide their identified members or SUPPLEMENTARY INFORMATION: other participants located in the United Since 1996, FBOT requests to provide States with direct access to their I. Background direct access to their electronic trading electronic trading and order matching On July 21, 2010, President Obama and order matching systems (trading systems. signed the Dodd-Frank Wall Street systems) from within the U.S. have been addressed by Commission staff via the DATES: Comments must be received on Reform and Consumer Protection Act (the Dodd-Frank Act).2 Title VII of the no-action process set forth in or before January 18, 2011. The 7 Dodd-Frank Act 3 amended the Commission regulation 140.99. Commission is not inclined to grant Specifically, an FBOT wishing to extensions of this comment period. Commodity Exchange Act (CEA or the Act) 4 to establish a comprehensive new provide its U.S.-located participants ADDRESSES: You may submit comments, regulatory framework for swaps and with direct access to the FBOT’s trading identified by RIN number 3038–AD19, security-based swaps. The legislation system traditionally has submitted a by any of the following methods: was enacted to reduce risk, increase request for a no-action letter to the • Agency Web site, via its Comments transparency, and promote market Division of Market Oversight (DMO). Online process: http:// integrity within the financial system by, The FBOT’s no-action request must be comments.cftc.gov. Follow the among other things: (1) Providing for the accompanied by representations and instructions for submitting comments registration and comprehensive supporting documentation from the through the Web site. regulation of swap dealers and major FBOT regarding, among other things, its • Mail: David A. Stawick, Secretary of swap participants; (2) imposing clearing organization, presence in the U.S., the Commission, Commodity Futures and trade execution requirements on participants, the products it wishes to Trading Commission, Three Lafayette standardized derivative products; list for direct access, its trading system Centre, 1155 21st Street, NW., (3) creating robust recordkeeping and and the regulatory regime and Washington, DC 20581. real-time reporting regimes; and information-sharing arrangements to • Hand Delivery/Courier: same as (4) enhancing the Commission’s which the FBOT is subject. Staff then mail above. rulemaking and enforcement authorities reviews the request and related • Federal eRulemaking Portal: http:// with respect to, among others, all information and documentation and, www.regulations.gov. Follow the registered entities and intermediaries where appropriate, issues a ‘‘direct instructions for submitting comments. subject to the Commission’s oversight. access’’ (formerly known as a ‘‘foreign All comments must be submitted in Section 738 of the Dodd-Frank Act terminal’’) no-action relief letter. When English, or if not, accompanied by an amends Section 4(b) of the CEA to reviewing no-action requests, staff looks English translation. Comments will be provide that the Commission may adopt for a home regulatory regime that posted as received to http:// rules and regulations requiring provides oversight over the FBOT in a www.cftc.gov. You should submit only registration with the Commission for an manner that is comparable to the information that you wish to make FBOT that provides the members of the CFTC’s oversight of DCMs. Specifically, available publicly. If you wish the FBOT or other participants located in does the FBOT’s regulatory authority Commission to consider information the United States with direct access to that is exempt from disclosure under the the electronic trading and order 5 See Section 738 of the Dodd-Frank Act. Freedom of Information Act, a petition matching system of the FBOT, including 6 Commission regulations referred to herein are for confidential treatment of the exempt found at 17 CFR Ch. 1. information may be submitted according 7 See, e.g., CFTC Letter No. 96–28 (February 29, 2 See Dodd-Frank Wall Street Reform and 1996). Commission regulation 140.99 defines the to the established procedures in CFTC Consumer Protection Act, Public Law 111–203, 124 term ‘‘no-action letter’’ as a written statement issued Regulation 145.9.1 Stat. 1376 (2010). The text of the Dodd-Frank Act by the staff of a Division of the Commission or of The Commission reserves the right, may be accessed at http://www.cftc.gov./ the Office of the General Counsel that it will not but shall have no obligation, to review, LawRegulation/OTCDERIVATIVES/index.htm. recommend enforcement action to the Commission 3 Pursuant to Section 701 of the Dodd-Frank Act, for failure to comply with a specific provision of the pre-screen, filter, redact, refuse or Title VII may be cited as the ‘‘Wall Street Act or of a Commission rule, regulation or order if Transparency and Accountability Act of 2010.’’ a proposed transaction is completed or a proposed 1 17 CFR 145.9. 4 7 U.S.C. 1 et seq. activity is conducted by the beneficiary.

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support and enforce ‘‘substantially request. Significant changes in Comment.12 On October 27, 2006, equivalent regulatory objectives’’ in its information include changes in the following extensive debate, a review of oversight of the FBOT? membership criteria, the location of the comments submitted pursuant to the In the no-action letter, DMO staff management, personnel or operations Commission’s request for public represents that, provided the FBOT (particularly changes that may suggest comment and the Commission meets the conditions set out in the an increased nexus between the FBOT’s Hearing,13 the Commission issued a letter, DMO will not recommend that activities and the U.S.); the basic Policy Statement in which it endorsed the Commission institute enforcement structure, nature, or operation of the the no-action process for FBOTs that action against the FBOT for failure to trading system or its clearing want to provide direct access to their register as a designated contract market organization; the regulatory or self- trading systems to U.S.-based (DCM) or derivatives transaction regulatory regime the FBOT is subject participants.14 execution facility (DTEF) if the FBOT to; and any change in the authorization, In order to address concerns raised by provides direct access to its order entry licensure or registration of the FBOT. the listing by ICE Futures Europe of the and trade matching system to FBOT linked WTI contract for trading by direct In 2006, following a series of market members and other participants located access, Commission staff, on June 17, events and Commission deliberations, in the U.S. The scope of the staff no- 2008, amended ICE Futures Europe’s the Commission endorsed the continued action relief has been restricted to no-action relief letter by adding use of the no-action process as a providing relief from (1) the additional conditions. The additional requirement that the FBOT obtain DCM mechanism for facilitating direct access conditions included requirements or DTEF registration pursuant to to an FBOT’s trading system. On relating to the reporting of large trader Sections 5 and 5a of the CEA and January 17, 2006, ICE Futures Europe, a positions, the publication of daily (2) regulatory requirements related to U.K. recognized investment exchange trading information in the linked the trading or offering of contracts on a that provided direct access to its U.S. contracts, and the establishment of 9 DCM and DTEF if the contracts members pursuant to a no-action letter, position limits or accountability levels identified in the no-action letter (foreign notified the Commission that it would that are comparable to the position futures or option contracts) are made list a futures contract on West Texas limits or accountability levels for the available in the U.S. for trading in the Intermediate (WTI) light sweet crude oil counterpart linked contracts at manner set forth in the letter. whose settlement price would be linked NYMEX.15 The no-action relief also has been to contracts traded on the New York limited historically to FBOTs that Mercantile Exchange (NYMEX).10 ICE 12 71 FR 34070 (June 13, 2006). The Commission Futures Europe’s notification of the requested comment on the issues related to provide direct access to the FBOTs’ developing an objective standard establishing a members and other participants that: proposed contract linked to a U.S. threshold that, if crossed by a foreign board of trade (1) Trade in the U.S. for their domestic contract prompted the that permits direct access, would indicate that the proprietary accounts; (2) are registered Commission to undertake an evaluation board of trade is no longer outside the United States of the use of the no-action process to and, accordingly, may be required to become with the Commission as futures registered under the CEA. commission merchants (FCM); or (3) are permit direct access, including a re- 13 Comments submitted in response to the request registered with the Commission as examination of certain issues with for comment and at the Commission’s Hearing were commodity pool operators (CPO) or are respect to the Commission’s statutory generally supportive of the no-action process, obligations to maintain the integrity of praising the process in general for its flexibility. exempt from such registration and that Many commenters suggested that the Commission are submitting orders for execution on U.S. markets and to protect U.S. should retain in large measure the essential behalf of U.S. pools they operate or customers. Accordingly, on May 3, contours of the no-action process. A transcript of commodity trading advisors (CTA) or 2006, the Commission directed its staff the Commission’s Hearing on what constitutes a to initiate a formal process to define board of trade located outside the United States are exempt from such registration and under the Commodity Exchange Act section 4(a) that are submitting orders for execution what constitutes a ‘‘board of trade, (June 27, 2006), (‘‘Hearing Tr.’’) as well as all on behalf of accounts for which they exchange, or market located outside the comment letters (‘‘CL’’), are located in comment file have discretionary authority. With United States, its territories or 06—002 to 17 FR 34070 (June 13, 2006), available possessions’’ as that phrase is used in at http://www.cftc.gov/foia/comment06/foi06- respect to such CPOs or CTAs, an FCM 002_1.htm. or a firm exempt from registration as an section 4(a) of the CEA and, in 14 Boards of Trade Located Outside of the United FCM pursuant to Commission Rule furtherance of that process, scheduled a States and No-Action Relief From the Requirement 30.10 (Rule 30.10 Firm) 8 must act as a public hearing.11 The Commission also To Become A Designated Contract Market or clearing firm and guarantees such issued a related Request for Public Derivatives Transaction Execution Facility, 71 FR 64843 (Nov. 2, 2006) (Policy Statement). In the trades. The no-action relief typically has Policy Statement, the Commission endorsed the no- been subject to numerous conditions 9 On November 12, 1999, the Commission’s action process for addressing FBOT direct access designed to keep staff informed Division of Trading and Markets (the predecessor to relief requests: ‘‘The Commission endorses the regarding the FBOT’s status and the CFTC’s Division of Market Oversight) granted continued use of the no-action process as an no-action relief to the International Petroleum appropriate and flexible mechanism that should be activities from within the U.S., Exchange of London (now ICE Futures Europe), used prospectively to facilitate direct access to the additional contracts to be made permitting it to make its electronic trading and electronic trading system of a foreign board of trade available, and significant changes in the order matching system, known as Energy Trading by its U.S. members or authorized participants.’’ Id. information provided to the System II, available to its members in the United at 64846. States. CFTC Letter No. 99–69 (November 12, 1999). 15 CFTC Letter No. 08–09 (June 17, 2008). The Commission in support of the no-action 10 On April 12, 2006, ICE Futures Europe notified Commission subsequently announced in the the Division of Market Oversight of its intent to Federal Register that these additional conditions 8 A Rule 30.10 order permits firms that are launch the ICE Futures New York Harbour Heating would apply to any FBOT that made available for members of a self-regulatory organization and Oil Futures Contract and the ICE Futures New York trading by direct access a linked contract. See subject to regulation by the foreign regulator to Harbour Unleaded Gasoline Blendstock (RBOB) Notice of Additional Conditions on the No-Action conduct business from locations outside of the U.S. Futures Contract each of which is cash-settled on Relief When Foreign Boards of Trade That Have for U.S. persons on non-U.S. boards of trade the price of physically-settled contracts traded on Received Staff No-Action Relief To Permit Direct without registering under the Act, based upon the the NYMEX. Access to Their Automated Trading Systems from person’s substituted compliance with a foreign 11 The hearing was conducted on June 27, 2006, Locations in the United States List for Trading from regulatory structure found comparable to that at the Commission’s headquarters in Washington, the U.S. Linked Futures and Option Contracts and administered by the Commission under the CEA. DC. Continued

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Commission staff subsequently such matters through the no-action the home regulatory regime provides reexamined the issues raised by linked process. Instead, the process should oversight over the FBOT in a manner contracts and concluded that there were become more transparent and that is comparable to the CFTC’s additional measures that should be standardized through generally oversight of DCMs. Specifically, the taken to further allay concerns with applicable regulations. Among other Commission would review the respect to effective market surveillance things, a rulemaking would provide for application to determine if the FBOT’s and maintaining the integrity of the a uniform application process, enhance regulatory authority supports and market. Accordingly, on June 20, 2009, the visibility of the process to both enforces substantially equivalent staff again amended ICE Futures applicants and the public and assure regulatory objectives, such as Europe’s no-action relief by adding fair and consistent treatment to all prevention of market manipulation and additional conditions with respect to applicants. Further, no-action relief customer protection, in its oversight of linked contracts. These conditions letters are issued by the staff and are not the FBOT. included requirements that ICE Futures binding on the Commission and do not The Commission notes that the staff’s Europe provide CFTC staff trade provide the same legal certainty to the no-action process has not remained execution and audit trail data for all FBOT recipients that a Commission- static since the first no-action relief linked contracts; copies of, or issued order would provide. The hyperlinks to, all rules, rule Commission believes that a formal letter was issued in 1996. Instead, staff amendments, circulars and other notices registration procedure would provide has generally been expanding the scope published by the exchange; and copies more legal certainty for registered and level of its review of FBOTs to of all disciplinary notices involving the FBOTs and would be more consistent address activities not originally foreseen linked contracts. They also provided for with the manner in which other when the first no-action letter was CFTC on-site visits to examine ICE countries permit U.S. DCMs to provide issued. Likewise, the number and types Futures Europe’s ongoing compliance direct access internationally. of conditions imposed upon FBOTs with its no-action relief and, in the Accordingly, for the reasons noted seeking no-action relief have gradually 19 event that the CFTC directs that NYMEX above and pursuant to the new authority expanded over time. Those conditions take emergency action with respect to a of amended CEA Section 4(b), new Part have generally been included in the linked contract (e.g., to cease trading in 48 of the Commission’s regulations, as proposed regulations, along with the contract), ICE Futures Europe, proposed herein, would replace the proposed conditions intended to subject to information-sharing existing policy of accepting and address increasing technological arrangements between the CFTC and the reviewing requests for no-action relief to innovation, new types of products, the United Kingdom’s Financial Services permit an FBOT to provide for direct impact on the market of different Authority (FSA), is required to promptly access to its trading system from within trading entities listing substantially take similar action (e.g., cease trading in the U.S. with a requirement that an similar or even connected products, and the contract) with respect to the linked FBOT seeking to provide such access the requirements of the Dodd-Frank Act. 16 contract at ICE Futures Europe. must apply for and be granted III. The Proposed Rules Since 1996, Commission staff has registration with the Commission.18 issued 23 direct access no-action relief As a starting point for the proposed The proposed regulation is divided letters to FBOTs, 20 of which remain registration requirements, the into 10 sections and an appendix active (one relief letter was superseded Commission considered the experience (Appendix), each proposed as described and two were revoked when the FBOTs gained from the current no-action below. ceased operations).17 While the no- review process. The proposed action process has served a useful application submission requirements A. Scope purpose, given the clear authority and staff review standards for FBOT The first section, 48.1, provides that provided by Congress to create a registration under the new regulations part 48 applies to any FBOT that is registration program for FBOTs, the generally are consistent with the registered or is applying to become Commission concludes that it is in the application requirements and review registered with the Commission in order public interest to replace the staff- standards that have guided the to provide its identified members or initiated no-action process with a formal Commission’s staff in issuing the more other participants located in the U.S.20 Commission registration provision. recent FBOT no-action relief letters. The no-action process is better suited with direct access to its electronic Under the proposed registration trading and order matching system. for discrete, unique factual requirements, for instance, the circumstances and where regulations do Commission would not evaluate FBOTs not address the issue presented. In 19 The first no-action relief letter required that for compliance with the core principles Deutsche Terminborse comply with eight terms and circumstances where the same type of and/or regulatory requirements conditions. CFTC Letter No. 96–28 (February 29, relief is granted on a regular and applicable to DCMs. Rather, the 1996). Subsequent letters generally have required recurring basis, as it has been with Commission would look to the FBOT’s compliance with approximately 16 conditions, although the number varies based on the manner in respect to permitting FBOTs to provide regulatory authority to determine that direct access to their trading systems to which the FBOT operates. More recent additions to the conditions address, among other things, specified members and other 18 The proposed rules would provide for a restriction to certain types of members, the participants that are located in the U.S., ‘‘limited’’ application process for FBOTs currently inclusion of CTAs and CPOs as entities eligible for the Commission concludes believes that operating under existing no-action relief. The no-action relief, and a requirement that the FBOT it is no longer appropriate to handle limited application would have to be submitted provide an annual certification from its regulatory within 120 days of the effective date of the authority that the FBOT retains its authorization in registration rules and the FBOT could continue to good standing as an FBOT in its home country. As a Revision of Commission Policy Regarding the operate pursuant to the no-action relief during the previously discussed, the staff has also added Listing of Certain New Option Contracts. 74 FR 120 day period and until the Commission notifies several conditions to the ICE Futures Europe no- 3570 (January 21, 2009). the FBOT that the application has been approved action letter in order to address the listing of linked 16 CFTC Letter No. 09–37 (August 20, 2009). or denied. In the event that the Commission denies contracts. 17 Currently, 14 of the FBOTs with active no- an FBOT’s application, it would expect staff to 20 For purposes of FBOT registration, the term action relief report volume originating from the U.S. simultaneously withdraw the FBOT’s no-action ‘‘United States’’ or ‘‘U.S.’’ includes the United States, via direct access. relief. its territories and possessions.

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B. Definitions Specifically, an FBOT could request application is approved, the Section 48.2 includes definitions registration in order to permit direct Commission will so notify the FBOT applicable to FBOT registration. For access from within the U.S. by and will issue an Order of Registration. identified members and other The Commission could, after instance, section 48.2 defines an 21 ‘‘FBOT’’ as any board of trade, exchange participants that: (1) Trade in the U.S. appropriate notice and an opportunity or market located outside the U.S., its for their proprietary accounts; (2) are for a hearing, amend, suspend, registered with the Commission as territories or possessions, whether terminate or otherwise restrict the terms FCMs and submit orders to the trading incorporated or unincorporated, where of the Order of Registration. If the system for execution on behalf of U.S. foreign agreements, contracts or application is denied, the Commission customers; or (3) are, subject to a transactions are entered into. Section will issue a Notice of Action specifying specific clearing and guarantee 48.2 also identifies certain criteria an that the application was not approved requirement, registered with the FBOT would have to meet in order to and the FBOT will not be registered and Commission as CPOs or CTAs, or are register to provide direct access, such as may not provide direct access to its exempt from such registration pursuant possessing the attributes of an trade matching engine from within the to Commission Rules 4.13 or 4.14. The established, organized exchange; U.S. Following a denial, the FBOT may CPOs would be permitted to submit adhering to appropriate rules reapply for registration 360 days after orders for execution on behalf of U.S. the date of denial. prohibiting abusive trading practices; pools they operate, and CTAs would be and enforcing appropriate rules to The Commission is also proposing permitted to do so for accounts of U.S. that, in determining whether to grant or maintain market and financial integrity. customers for which they have Another defined term, further addressed deny an application for FBOT discretionary authority. The registration, the Commission will below, is ‘‘direct access,’’ which is Commission requests comment defined in the Dodd-Frank Act to refer thoroughly review the information and concerning additional entities that documentation submitted in the to ‘‘an explicit grant of authority by a should be eligible for direct access to foreign board of trade to an identified application and, as necessary, conduct the trading and order matching systems an on-site due diligence visit at the member or other participant located in of the FBOT from the U.S. the United States to enter trades directly FBOT to determine, as mandated by the into the trade matching system of the E. Registration Procedures Dodd-Frank Act, whether the FBOT and foreign board of trade.’’ Section 48.2 also its clearing organization are subject to Section 48.5 describes procedures to comprehensive supervision and includes definitions, for purposes of this be followed to request and receive regulation by the appropriate part, of ‘‘linked contract,’’ registration.22 The registration governmental authorities in their home ‘‘communications,’’ ‘‘material change,’’ application must be submitted country that is comparable to the ‘‘clearing organization,’’ ‘‘existing no- electronically, must be signed by the comprehensive supervision and action relief,’’ ‘‘swaps,’’ ‘‘affiliate’’ and FBOT’s chief executive officer (or regulation to which DCMs and ‘‘member or other participant.’’ functional equivalent), and must derivatives clearing organizations (DCO) include the information and C. Registration Required are subject in the U.S.24 In this context, documentation set forth in the as previously noted, comparable does Section 48.3 provides that, except as Appendix to Part 48 and any not necessarily mean identical. The otherwise specified in proposed new information and documentation Part 48, it shall be unlawful for an FBOT necessary, in the discretion of the comparability determination for to permit direct access to its electronic Commission, to effectively demonstrate registration purposes will be similar to trading and order matching system from that the FBOT and its clearing that followed when reviewing direct within the U.S. unless and until the organization satisfy the registration access no-action requests. The Commission has issued an Order of requirements set forth in section 48.7. Commission will evaluate whether the Registration to the FBOT pursuant to the Section 48.5 also provides that the FBOT’s home regulatory authority provisions of Part 48. The proposal also Commission will review the application supports and enforces regulatory would provide that it would be for FBOT registration and may approve objectives in its oversight of the FBOT unlawful for a board of trade to make or deny the application. At this time, that are substantially equivalent to the false or misleading statements in any the proposed rule does not contain a regulatory objectives supported and application for registration or in timeline for Commission action.23 If the enforced by the Commission in its connection with any application for oversight of DCMs. registration. 21 For purposes of FBOT registration, identified The Commission notes that it uses a member or other participant of the FBOT shall similar ‘‘comparability’’ analysis when D. Registration Eligibility include any affiliate of any registered FBOT’s evaluating foreign entities in the context member or other participant that has been granted Section 48.4 describes registration direct access by the registered FBOT to the trading of issuing Rule 30.10 exemptions to eligibility. Generally, FBOTs that meet system. An affiliate of a registered FBOT member the requirements of the definition in or other participant shall mean any person, as that anticipates that a timeline would be established. section 48.2(b) would be eligible to be term is defined in section 1a(38) of the CEA, that: Such a timeline might require a Commission (i) Owns 50% or more of the member or other response to a completed application for registration registered. Section 48.4 also identifies participant; (ii) is owned 50% or more by the within 120 days after the Commission, in its sole the persons to whom the registered member or other participant; or (iii) is owned 50% discretion, determines that the application is FBOT could grant authority to trade by or more by a third person that also owns 50% or complete. direct access. The Commission proposes more of the member or other participant. 24 The Dodd-Frank Act also mandated that the 22 Draft submissions and a request for a Commission consider any previous Commission that the persons that would be preliminary review by Commission staff would be findings that the FBOT and its clearing organization permitted by the FBOT to trade by encouraged under the proposed rule. The are subject to such comprehensive supervision and direct access from the U.S. pursuant to Commission proposes that the final copy of an regulation by the appropriate government the registration rules would be the types application for registration would be published on authorities in their home country. Such previous its Web site. Commission findings would include staff of persons that are currently able to 23 The Commission expects a surge of activity conclusions drawn previously during the course of trade by direct access pursuant to staff shortly after the registration rule goes into effect. reviewing an application for direct access no-action issued no-action relief letters. Once this period has ended, the Commission relief.

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intermediaries.25 When determining the FBOT could continue to operate In addition, the FBOT’s trade matching whether to issue a Rule 30.10 pursuant to the no-action relief. The no- algorithm would be required to match exemption, staff evaluates whether the action relief would, upon notice to the trades fairly and timely, the audit trail applicant is subject to a comparable FBOT, be revoked after 120 days if a would be required to capture all regulatory scheme in the country in complete limited application is not relevant data (including changes to which it is located. In this evaluation, received by the Commission by that orders), and audit trail data would be comparable does not necessarily mean time. If the FBOT files an application for required to be securely maintained and identical: as set forth in Appendix A to registration within 120 days, the FBOT available for an adequate time period. Rule 30.10 with respect to the could continue to operate pursuant to Trade data would be required to be comparability determination, ‘‘the the no-action relief until notified by the made available to users and to the Commission would have broad Commission that the application has public, the trading system would be discretion to determine that the policies been approved or denied. If the required to have demonstrated of any program element generally are Commission revokes the no-action relief reliability, and access to the trading met, notwithstanding the fact that the or denies the application, it will provide system would be required to be secure offshore program does not contain an for a transition period for phasing out and protected. Finally, adequate element identical to that of the direct access. provisions for emergency operations Commission’s regulatory program.’’ In and disaster recovery would be G. Requirements for Registration the case of FBOT registration, a required, trading data would be required determination that the foreign Section 48.7 describes the to be backed up to prevent its loss, and regulatory authority enforces requirements that the Commission only approved contracts could be made substantially equivalent regulatory proposes that an FBOT would be available for trading by direct access objectives is a determination of required to demonstrate in order to be from the U.S. comparability: The regulatory regime is registered. The requirements are divided Third, the contracts to be made comparable, although not necessarily into the same seven general categories available by direct access in the U.S. identical, to that of the CFTC. currently evaluated during the course of would be required to be futures, option In its review, the Commission would a review of an application for no-action or swaps contracts that would be also consider whether the FBOT is relief and they would be reviewed in a eligible to be traded on a DCM and eligible to be registered as defined in similar manner. Whether they are would be subject to prior review by the section 48.2(b) of this part and whether successfully met would be determined Commission. With respect to swaps, the FBOT has adequately demonstrated by a review of the information and Section 733 of the Dodd-Frank Act adds that it meets the requirements for documentation submitted by the section 5h to the CEA, which provides registration specified in section 48.7 and applicant pursuant to the Appendix to that a person operating a facility for the any other requirements that the proposed Part 48, any additional trading or processing of swaps must be Commission, in its discretion, believes information or documentation requested registered as a swaps execution facility are necessary or appropriate to impose by the Commission in connection with (SEF) or as a DCM. Section 733 also under the facts and circumstances the application review, and, as adds section 5(g) to the CEA which presented. necessary, a Commission staff due provides that the ‘‘Commission may F. FBOTs Providing Direct Access diligence on-site visit to the FBOT and exempt, conditionally or Pursuant to No-action Relief clearing organization. unconditionally, a swap execution First, with respect to FBOT and In Section 48.6, the Commission facility from registration under this clearing membership, the FBOT would proposes to provide for a ‘‘limited’’ section if the Commission finds that the be required to demonstrate that FBOT application process for FBOTs currently facility is subject to comparable, and clearing organization members and operating pursuant to existing no-action comprehensive supervision and other participants are fit and proper and relief. Such FBOTs would apply for regulation on a consolidated basis by meet appropriate financial and registration by (1) identifying the the [SEC], a prudential regulator, or the professional standards; that the FBOT specific requirements for registration set appropriate governmental authorities in and clearing organization have adequate forth in section 48.7 or information and the home country of the facility.’’ The conflict of interest provisions; and that documentation required by the approach for granting a SEF exemption the FBOT and clearing organization Appendix to Part 48 that are satisfied by (namely, ‘‘subject to comparable, have and enforce rules prohibiting the information previously submitted in the comprehensive supervision and disclosure of material, non-public request for no-action relief that remain regulation * * * in the home country of information obtained as a result of a current and true and resubmitting such the facility’’) is similar to that which member’s/other participant’s information and documentation,26 and applies to FBOTs seeking registration. performance of official duties. (2) submitting any information and Moreover, there is nothing in the Dodd- Second, the FBOT’s automated documentation required in a complete Frank Act, including Section 738 of the trading system would be required to application for registration that was not Dodd-Frank Act amending Section 4(b) comply with the Principles for the previously provided or is no longer of the CEA, which expressly precludes Oversight of Screen-Based Trading current. The limited application for a registered FBOT from offering swaps Systems for Derivative Products 28 registration would have to be submitted through direct access. Accordingly, developed by the Technical Committee within 120 days of the effective date of the Commission is proposing to permit of the International Organization of the registration rules, during which time a registered FBOT to offer and trade Securities Commissions (IOSCO swaps though direct access, subject to 25 See supra note 8. Principles) and adopted by the the condition that the FBOT meet 27 26 The Commission is requesting resubmission of Commission on November 21, 1990. original documentation, where appropriate, because Oversight of Screen-Based Trading Systems, 55 FR such documentation, some of which dates back as 27 The Commission adopted the IOSCO Principles 48670 (Nov. 21, 1990). much as fourteen years, may no longer be readily as a statement of regulatory policy for the oversight 28 Furthermore, under the Dodd-Frank Act, a available for review because of incomplete and or of screen-based trading systems for derivative DCM may trade swaps without additionally misplaced files. products. Policy Statement Concerning the registering as a SEF.

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certain standards or requirements that market and authority to share procedures that ensure a competitive, may apply to SEFs, as the Commission information with the Commission, and open and efficient market and deems appropriate. The Commission would be required to provide for mechanism for executing transactions. requests comment with respect to ongoing regulatory supervision of the Finally, satisfactory information- whether a registered FBOT should be FBOT and its trading system, the sharing arrangements among the FBOT, allowed to make available swaps clearing organization and its clearing the clearing organization, their through direct access and if so, under system and intermediaries—with respective regulatory authorities, and what conditions. particular attention to market integrity Contracts that are linked to a contract and customer protection and the the Commission would be required to be listed for trading on a U.S. registered manner in which the exchange enforces in place. The regulatory authorities entity would be required to be its rules. In the case of FBOTs with would be required to be signatories to identified, as would contracts that share listed swaps, the Commission proposes the IOSCO Multilateral Memorandum of any other commonality with a contract to take into consideration the regulation Understanding (IOSCO MOU) 31 or, if listed for trading on a U.S. registered of relevant market participants (e.g., not signatories to the IOSCO MOU, entity, i.e., both the FBOT’s and the U.S. swap dealers) regarding their exchange- would have to inform the Commission registered entity’s contract settle to the trading activity when analyzing the of the reasons why the document has price of the same third party- comparability and comprehensiveness not been signed, supply any additional constructed index. Finally, the FBOT of the regulatory regime applicable to information requested by the would be required to certify that it has exchange-listed swaps in the FBOT’s Commission, and ensure alternative listing standards in place that require home country. information sharing arrangements that that contracts not be readily susceptible Sixth, the FBOT and the clearing are satisfactory to the Commission are in to manipulation.29 organization would be required to have place. The regulatory authority also Fourth, with respect to settlement and would be required to be a signatory to clearing, the clearing organization, appropriate rules and would be required to enforce them. Among other things, the Declaration on Cooperation and would be required to comply with the Supervision of International Futures current Recommendations for Central the FBOT and the clearing organization Exchanges and Clearing Organizations Counterparties (RCCPs) that have been would be required to have sufficient (Boca Declaration),32 or otherwise issued jointly by the Committee on compliance staff and resources to fulfill commit to share the types of Payment and Settlement Systems their respective regulatory (CPSS) and the Technical Committee of responsibilities, including the capacity information contemplated by the the International Organization of to detect, investigate, and sanction International Information Sharing Securities Commissions (IOSCO), as persons who violate their respective Memorandum of Understanding and updated, revised or otherwise amended, rules. The FBOT would be required to Agreement (Exchange International 33 or successive standards, principles and implement and enforce rules relating to MOU) with the Commission. The guidance for central counterparties or oversight of trading practices, including FBOT would be required to have financial market infrastructures adopted appropriate trade practice surveillance, executed, or have committed to execute, jointly by IOSCO and CPSS, and the real-time market monitoring and market the Exchange International MOU. In clearing organization would be required surveillance. The FBOT’s and the addition, pursuant to the proposed to be in good regulatory standing in its clearing organization’s rules would be conditions of registration described in home country jurisdiction. In the required to authorize the compliance section 48.8(a)(6)(iii), the FBOT would alternative, the clearing organization staff to obtain, from market participants, any information and cooperation may be registered with the Commission 31 Memorandum of Understanding Concerning as a DCO.30 necessary to conduct effective rule Consultation, Cooperation and the Exchange of Fifth, the FBOT’s and the clearing enforcement and investigations, and the Information of the International Organization of Securities Commissions, October 16, 2003. The organization’s regulatory authorities FBOT would be required to have and enforce rules with respect to access to IOSCO MOU is the first worldwide multilateral would be required to provide enforcement cooperation arrangement among comprehensive supervision and the trading system and the means by securities and derivatives regulators. It provides for regulation of the FBOT and the clearing which the connection is accomplished. the exchange of essential information to investigate cross-border securities and derivatives violations, organization that is comparable to the The FBOT and the clearing organization (or their respective regulatory including the most serious offenses, such as comprehensive supervision and manipulation, insider trading and customer fraud. regulation to which DCMs and DCOs are authorities) would be required to have The IOSCO MOU enables regulators to share critical subject in the U.S., would be required implemented and enforce disciplinary information, including bank, brokerage, and client identification records and to use that information in to have the power to intervene in the procedures that empower them to recommend and prosecute disciplinary civil and criminal prosecutions. 32 The Boca Declaration was developed through 29 The Commission considers that contracts that actions for suspected rule violations, discussions at the CFTC’s international regulators can be found to have the following are less likely impose adequate sanctions for such conference, and was motivated by work to be susceptible to manipulation: (1) They rely for violations, and provide adequate recommendations issued from the Windsor settlement pricing on a robust and transparent protections to charged parties pursuant Conference and Tokyo Conference, which were calculation, whether based on the contract’s own convened by the CFTC, the U.K. FSA and Japanese trading or an externally calculated index; (2) they to fair and clear standards. The FBOT regulators to respond to the cross-border issues are subject to measures to reduce the ability of any would be required to have the capacity raised by the failure of Barings Plc. The Declaration party to disrupt pricing, e.g. position limits, to detect and deter market was developed to address instances in which an intraday surveillance, and pre-trade screens; and manipulation, attempted manipulation, exchange would not be able to share information (3) there is either ample deliverable supply or directly with another exchange under the Exchange flexibility in the contract (alternate delivery price distortion, and other disruptions International MOU, described below. mechanisms). of the market and would be required to 33 The development of the Exchange International 30 The Commission is including the option for the have and enforce rules designed to MOU was one of the achievements that resulted clearing organization to be registered as a DCO maintain market and financial integrity from the Futures Industry Association-sponsored because it is aware that some foreign clearing Global Task Force on Financial Integrity, which was organizations are registered as such. These include and prohibit other trading and market convened to address the cross-border issues that ICE Clear Europe Limited, LCH Clearnet Ltd. and abuses. Finally, the FBOT would be were identified in connection with the failure of Natural Gas Exchange Inc. required to have and enforce rules and Barings Plc.

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be required to provide certain mechanisms of the applicable regulatory pursuant to the registration; (b) a valid information directly to the Commission. regimes would be required to continue and binding appointment of a U.S. agent to require the FBOT to maintain fair and for service of process in the U.S.; and H. Conditions Upon FBOT Registration orderly markets; prohibit fraud, abuse, (c) a written representation that the As previously noted, Section 738 of and market manipulation; and provide member or other participant granted the Dodd-Frank Act amends Section that such requirements are subject to the direct access pursuant to this regulation 4(b) of the CEA to provide that the oversight of appropriate regulatory will provide, upon the request of the Commission may adopt rules and authorities. With respect to Commission, the U.S. Department of regulations requiring registration with international standards, the FBOT Justice and, if appropriate, the National the Commission of an FBOT that would be required to continue to adhere Futures Association (NFA) (collectively, provides identified members of the to the IOSCO Principles, to the extent the U.S. Agencies), prompt access to the FBOT or other participants located in such principles do not contravene U.S. entity’s, member’s or other participant’s the United States with direct access to law. The clearing organization would be original books and records or, at the the electronic trading and order required to continue to satisfy, as election of the requesting U.S. Agency, matching system of the FBOT, including applicable, the rules, regulations and a copy of specified information rules and regulations prescribing core principles applicable to its containing such books and records, as procedures and requirements applicable registration as a DCO or the RCCPs or well as access to the premises where the to the registration of such FBOTs. successive standards, principles or trading system is available in the U.S. Proposed Section 48.8 provides for guidance that may be adopted jointly by The FBOT and the clearing organization certain procedures and requirements IOSCO and CPSS, to the extent such also would be required to file with the applicable to maintaining the recommendations, standards, principles Commission a valid and binding registration of such FBOTs and or guidance do not contravene U.S. law. appointment of an agent for service of describes the specified conditions upon The FBOT would be required to process in the U.S. and maintain with FBOT registration that the Commission restrict direct access to the trading the FBOT written representations believes are essential in assuring system from the U.S. to identified concerning U.S. Agencies’ access to effective market integrity and customer members or other participants and take original books and records or, at the protection. As previously noted, the reasonable steps to prevent third parties election of the requesting U.S. Agency, conditions applicable to existing no- from providing such access to the a copy of specified information action relief have expanded over time to FBOT’s trading system to persons other containing such books and records, as address activities not foreseen when the than the identified members or other well as access to the premises where the earliest no-action letters were issued. In participants.34 All orders transmitted trading system is available in the U.S. the proposed regulations, the through the FBOT’s trading system by The FBOT would be required to Commission has added further an FBOT-identified member or other maintain all the representations conditions to address increasing participant by direct access would be required pursuant to this regulation as technological innovation, new types of required to be for the member’s or other part of its books and records and make products, the impact on the market of participant’s own account unless: (a) them available upon the request of a different trading entities listing The member or other participant is an Commission representative. substantially similar or even connected FCM or (b) subject to certain clearing With respect to information sharing, products, and the requirements of the requirements, the member or other the specified conditions mandate that Dodd-Frank Act. The specified participant is a CPO or CTA, or is information-sharing arrangements conditions are divided into three exempt from such registration pursuant satisfactory to the Commission are in categories: Specified conditions for to Commission regulation 4.13 or 4.14. effect among the Commission and the maintaining registration, other The specified conditions also include regulatory authorities that oversee both continuing obligations, and additional several documentation requirements to the FBOT and the clearing organization specified conditions for FBOTs with assist the Commission in monitoring the and that the Commission is able to linked contracts. A registered FBOT activities of a registered FBOT and the obtain sufficient information regarding would have an ongoing obligation to clearing organization. Each current and the FBOT, the clearing organization and monitor and enforce compliance with prospective member or other participant their respective members and other the specified conditions of its that is granted direct access to the participants operating pursuant to the registration and with any additional FBOT’s trading system from the U.S. FBOT’s registration. The FBOT would conditions that the Commission, in its and that is not registered as an FCM, a be required to provide information discretion and upon notice to the FBOT CTA or a CPO would be required to file directly to the Commission in response and subsequent to an opportunity to be with the FBOT (a) A written to a Commission request. In the event heard, may impose. representation stating that the member that the FBOT and the clearing organization are separate entities, the (1) Specified Conditions or other participant agrees to and submits to the jurisdiction of the CFTC proposed rule would require the With respect to the regulatory regimes with respect to activities conducted clearing organization to enter into a under which they operate, the FBOT written agreement with the FBOT in and the clearing organization, 34 The Commission believes that such steps which the clearing organization is respectively, would be required to would include specific prohibitions on sharing contractually obligated to promptly continue to satisfy the criteria for a access in the FBOT’s rules and membership provide any and all information and regulated market and clearing agreements and a review of how access is granted by and to the identified member’s or other documentation that may be required of organization pursuant to their home participant’s infrastructure during audits of those the clearing organization under the regulatory regimes identified in the entities. regulation. application for registration and would The Commission will continue to evaluate new With respect to swaps contracts, if the be required to continue to be subject to developments in technology and business FBOT makes swaps contracts available arrangements that may be used by FBOTs to oversight by their home regulatory provide U.S. participants with direct access to its by direct access, the FBOT would be authorities. In addition, the laws, trade matching system in the context of these required to report to the public, on a systems, rules, and compliance proposed rules. real-time basis, data relating to each

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swap transaction, including price and or in the laws, rules, and regulations in (3) Linked Contract Conditions volume, as soon as technologically the home jurisdictions of the FBOT or The proposed rule also would include practicable after execution of the swap the clearing organization; (b) any matter additional specified conditions for transaction. In addition, the FBOT known to the FBOT or the clearing FBOTs that make linked contracts would be required to ensure that all organization that, in their judgment, available for direct access. These swap transaction data is timely reported could affect the financial or operational proposed additional specified to a swap data repository that is either viability of the FBOT or the clearing conditions are divided into two registered with, or has an information- organization; (c) any default, categories: Statutory conditions, which sharing arrangement with, the insolvency, or bankruptcy of any FBOT are specifically required by the Dodd- Commission. The FBOT also must agree trading member or other participant that Frank Act, and other conditions on to coordinate with the Commission with may have a material, adverse impact linked contracts, which are additional respect to arrangements established to upon the condition of the FBOT or upon conditions that the Commission believes address cross market oversight issues, any U.S. customer or firm, or any are necessary because such linkages including surveillance, emergency default, insolvency or bankruptcy of any create a single market for the subject actions and the monitoring of trading. In member of the FBOT’s clearing contracts and, in the absence of certain addition, particularly with respect to the organization; (d) any known violation preventive measures at the FBOT, could listing of swaps contracts, the by the FBOT, its clearing organization or Commission may, in its discretion and compromise the Commission’s ability to any trading or clearing member or other carry out its market surveillance after notice and an opportunity to be participant of the specified conditions heard, impose additional conditions responsibilities. Because of the linkage, of registration or failure to satisfy the the trading of the linked contracts on an upon the FBOT’s registration. Finally, requirements for registration; and (e) all futures, option and swaps contracts FBOT affects the pricing of contracts any disciplinary action taken by the traded on U.S.-registered entities. must be cleared. FBOT or its clearing organization (2) Other Continuing Obligations against any FBOT trading member or (a) Statutory Conditions other participant or a member of the Among the proposed specified The statutory conditions mandated by clearing organization that involves any Section 738 of the Dodd-Frank Act are conditions identified as other market manipulation, fraud, deceit, or continuing obligations are quarterly, substantially similar to the previously conversion or that results in suspension discussed additional conditions the upon occurrence, and annual reporting or expulsion that involves a contract or requirements that the Commission Commission imposed on the no-action contracts available for trading from determines are necessary to provide relief issued to ICE Futures Europe within the U.S. pursuant to registration. ongoing visibility with respect to a when that exchange made available a registered FBOT’s performance as it Finally, the FBOT or the clearing WTI futures contract that cash-settled relates to U.S. persons. First, as is the organization, as applicable, would be on the price of a physically-settled Light case now with the no-action relief required to provide the following to the Sweet Crude Oil futures contract traded recipients, the FBOT would be required Commission on an annual basis: (a) A on the NYMEX,35 include the following: to maintain and provide to the certification from the FBOT’s regulatory (i) The FBOT must make public certain Commission on at least a quarterly authority confirming that the FBOT daily trading information regarding the basis, and at any time promptly upon retains its authorization in good linked contract; (ii) the FBOT (or its request, volume data that reflects the standing as a regulated market/ regulatory authority) must (A) Adopt percentage of trading originating in the exchange; (b) a certification from the position limits for the linked contract U.S. Thus, the FBOT would be required clearing organization’s regulatory that are comparable to the position to provide, for each contract available to authority confirming the clearing limits adopted by the registered entity be traded through its trading system, the organization’s regulatory status (i.e., its for the contract to which it is linked; (B) following: (a) The total trade volume authorization, licensure, or registration) have the authority to require or direct originating from electronic trading and continued ‘‘good standing’’ in its market participants to limit, reduce, or devices providing direct access to the authorized jurisdiction; (c) if the liquidate any position the FBOT (or its trading system in the U.S., (b) the total clearing organization is not a DCO, regulatory authority) determines to be trade volume for such products traded recertification of the clearing necessary to prevent or reduce the threat through the trading system worldwide, organization’s compliance with the of price manipulation, excessive and (c) the total trade volume for such RCCPs or successive standards, speculation as described in section 4a of products traded on the FBOT generally. principles or guidance; (d) a description the Act, price distortion, or disruption The FBOT would also be required to of any material changes to any relevant of delivery or the cash settlement provide a listing of the names, NFA ID representation regarding the FBOT or process; (C) agree to promptly notify the numbers (if applicable), and main clearing organization made to the Commission, with regard to the linked business addresses in the U.S. of all Commission that have not been contract, of any changes with respect to members and other participants that previously disclosed; (e) a description of (i) and (ii) above and any other area of have access to the trading system in the any significant disciplinary or interest expressed by the Commission to U.S. enforcement actions that have been the FBOT or its regulatory authority; (D) With respect to reporting the instituted by or against the FBOT or the provide information to the Commission occurrence of events that may have an clearing organization or the senior regarding large trader positions in the impact on the FBOT’s capability to meet officers of either in the prior year; and linked contract that is comparable to the its registration requirements, the FBOT (f) a written description of any material large trader position information would be required to promptly provide changes to the regulatory regime to collected by the Commission for the the Commission with written notice of which the FBOT or the clearing contract to which it is linked; and (E) the following: (a) Any material change organization are subject that have not provide the Commission such in the information provided in the been previously disclosed, in writing, to information as is necessary to publish FBOT’s registration application or in the the Commission (or a certification that FBOT’s or clearing organization’s rules no material changes have been made). 35 See CFTC Letter No. 08–09 (June 17, 2008).

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reports on aggregate trader positions for action with respect to a linked contract relevant to the Commission’s decision to the linked contract that are comparable (e.g., to cease trading in the contract). register the entity is found to have been to such reports on aggregate trader The Commission questions whether untrue or materially misleading; (2) if positions for the contract to which it is there are additional conditions that it there is a material change in the linked. could impose on registered FBOTs that regulatory regime applicable to the One statutory condition is mandated list linked contracts to promote orderly FBOT or clearing organization; (3) in the by Section 737 of the Dodd-Frank Act, markets and customer protection, such event of an emergency or in a and would require that if the as automatic safety features to protect circumstance where the Commission Commission establishes speculative against errors in the entry of orders, determines that revocation would be position limits (including related hedge price-banding mechanisms, maximum necessary or appropriate in the public order size limitations, or trading pauses exemption provisions) on the aggregate interest; or (4) the FBOT or the clearing to prevent cascading stop-loss orders.37 number or amount of positions in a organization is no longer authorized, contract traded on a U.S. registered I. Revocation of Registration licensed or registered, as applicable, as entity and the registered FBOT lists a Section 48.9 addresses certain events a regulated market and/or exchange or linked contract, the FBOT (or its which could lead the Commission to clearing organization or ceases to regulatory authority) must adopt revoke an FBOT’s registration. With operate as an FBOT or clearing position limits (including related hedge respect to failure to satisfy any of the organization. Revocation under these exemption provisions) for the linked registration requirements or conditions circumstances would not necessarily contract as determined by the of registration, the proposed rule follow the procedures delineated for Commission. provides that if the Commission revocation for failure to continue to (b) Other Conditions on Linked believes that a registration requirement satisfy registration requirements or Contracts or condition is not being met, the conditions, but would be handled by the Commission may request that the Commission as relevant facts or The other conditions on linked registered FBOT file a written circumstances warrant. contracts, also imposed pursuant to the demonstration showing it is in The Commission acknowledges that Commission’s new Section 4(b)(1)(A) compliance with the requirement or there are other actions that, if authority to adopt rules and regulations condition. If the Commission undertaken by a registered FBOT, could prescribing procedures and determines that an FBOT (or its clearing requirements applicable to the organization) has failed to satisfy any of lead the Commission to exercise its registration of FBOTs, represent the the registration requirements or discretion and consider a full range of second set of additional conditions the conditions, the FBOT would be given an corrective actions, including revocation Commission imposed on the no-action opportunity to bring itself into of the FBOT’s registration, requiring relief issued to ICE Futures Europe compliance with the requirement or enhanced information sharing when that exchange made available for condition. If the FBOT fails to make arrangements and surveillance trading by direct access contracts linked changes necessary to comply with the procedures, imposing trading to the prices of contracts traded on restrictions on U.S. persons trading on 36 requirement or condition within 30 days NYMEX. The conditions as proposed after receiving a notification that it was the FBOT, imposing additional would require that the FBOT, among not satisfying one or more requirements conditions on the registration, or taking other things, (i) Inform the Commission or conditions, the Commission may other appropriate action. For instance, in a quarterly report of any member that revoke the FBOT’s registration, after the Commission believes that the listing had positions in a linked contract above appropriate notice and an opportunity of certain products on an FBOT could the applicable FBOT position limit, (ii) for a hearing. If the Commission revokes potentially have an adverse impact on provide trade execution and audit trail the registration, it will provide for a the market and the public interest. data for input to the CFTC’s Trade transition period for phasing out direct Thus, the Commission would take Surveillance System on a trade-date access. Finally, an FBOT whose corrective action as necessary if it plus one basis, (iii) provide for CFTC registration has been revoked for failure become aware that a registered FBOT on-site visits for the purpose of to satisfy a registration requirement or permits the trading of products that overseeing the FBOT’s and the clearing condition could apply for re-registration potentially could: (1) Affect adversely organization’s ongoing compliance with after 360 days if the deficiency causing registration requirements and the the pricing of contracts traded on any the revocation has been cured or registered entity as defined in section conditions of registration, (iv) provide, relevant facts and circumstances have at least one day prior to the effective 1a(40) of the Act, or of contracts traded changed. on any cash market for commodities date, copies of, or hyperlinks to, all Section 48.9 of the proposed rule also rules, rule amendments, circulars and subject to the CEA; (2) create identifies four other events that, without unacceptable systemic risks or other notices published by the FBOT limitation, could result in revocation, with respect to all linked contracts, (v) disruptions in those markets or the U.S. generally after appropriate notice and an financial system, including capital provide copies of all Disciplinary opportunity for a hearing. The markets; or (3) facilitate abusive trading Notices involving the FBOT’s linked Commission may revoke an FBOT’s practices on U.S. markets or otherwise contracts upon closure of the action, registration (1) If the Commission interfere with the ability of the and (vi) promptly take similar action determines that a representation made with respect to its linked contract in the in the application for registration Commission to carry out its regulatory event that the CFTC, pursuant to its responsibilities. The Commission emergency powers authority, directs 37 Many of these mechanisms are discussed in the retains plenary authority to address that the U.S. registered entity which Commission’s recent joint study with the SEC of the manipulative or abusive trading lists the contract to which the FBOT’s market events of May 6, 2010. See Preliminary practices that affect U.S. futures and contract is linked to take emergency Findings Regarding the Market Events of May 6, cash markets and market users, and 2010—Report of the Staffs of the CFTC and SEC to the Joint Advisory Committee on Emerging would use that enforcement authority 36 See CFTC Letter No. 09–37 (August 20, 2009). Regulatory Issues (May 18, 2010), Appendix B–11. when necessary and appropriate.

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J. Additional Contracts direct access no-action relief.39 The provided direct access to U.S.-located Section 48.10 would establish the proposed procedures would provide the members and other participants. As procedures for a registered FBOT to following, depending on the type of previously stated, there is nothing in the make available futures, option and option contract. (1) If the option is on Dodd-Frank Act, including Section 738 swaps contracts that were not included a futures contract that is not a linked of the Dodd-Frank Act amending in the registration application on a contract, the option contract could be Section 4(b) of the CEA, which trading system to which FBOT members made available for trading by direct expressly precludes a registered FBOT and other participants in the U.S. have access by filing with the Commission no from offering swaps through direct been granted direct access. These later than the business day preceding access. Accordingly, the Commission is procedures are substantially similar to the initial listing of the contract: (i) A proposing to permit a registered FBOT the procedures established for the copy of the terms and conditions of the to offer and trade swaps though direct listing of additional contracts under additional contract and (ii) a access, subject to the condition that the direct access no-action relief.38 certification that the FBOT continues to FBOT meet certain standards or Generally, for other than security index satisfy the conditions of its registration. requirements that may apply to SEFs, as 40 futures contracts, a registered FBOT (2) If the option is on a futures contract the Commission deems appropriate. would be required to submit a written that is a linked contract, the option The Commission requests comment request prior to offering the additional contract may be made available for with respect to whether a registered futures and option and swaps contracts trading by direct access in the same FBOT should be allowed to make from within the U.S. Such a written manner as (1) above except that the available swaps through direct access request would include the terms and certification must represent that the and if so, under what conditions. FBOTs conditions of the additional contracts to FBOT continues to satisfy the have historically, at least in the context be made available and a certification conditions of its registration, including of granting direct access no-action relief, that (1) the additional contracts meet the the conditions specifically applicable to been viewed by Commission staff as requirements of Section 48.7(c) of this linked contracts set forth in Section DCM-equivalent entities. The proposed part and (2) the FBOT and the clearing 48.8(c). (3) If the option is on a non- FBOT registration requirements are organization continue to satisfy the narrow-based security index futures based upon the premise that in conditions of registration. The FBOT contract which may be offered or sold reviewing the FBOT for being subject to would be permitted to make available in the U.S. pursuant to a no-action letter comparable, comprehensive supervision for trading the additional contracts ten issued by the Office of General Counsel, and regulation by the appropriate business days after the date of receipt by the option contract could be listed for governmental authorities in its home the Commission of the written request, direct access without further action by country, the point of reference is how unless the Commission notifies the either the registered FBOT or the DCMs operate and are regulated and FBOT that additional time is needed to Commission. overseen by the CFTC. Finally, the Commission requests complete its review of policy or other K. Appendix to Part 48—Contents of comment on whether, to the extent an issues pertinent to the additional Application contracts. FBOT is permitted to list swaps on a A registered foreign board of trade The Appendix to the proposed Part 48 trading system to which the FBOT has would be permitted to list for trading an includes a description of what the granted direct access to members and additional futures contract on a non- Commission believes should be other participants in the U.S., the narrow-based security index pursuant to included in the application for Commission should examine the the no-action relief procedures set forth registration in order for the FBOT to oversight of relevant market participants in Appendix D to Part 30 of the demonstrate, and for the Commission to (e.g., the functional equivalents of swap Commissions regulations. Such conclude, that the FBOT meets the dealers and major swap participants, as procedures would require that the requirements for registration. The those terms are defined by the Dodd- registered FBOT’s request to make the Appendix reflects submission Frank Act) in the applicable home non-narrow-based security index futures requirements in eight areas, including country jurisdictions when making a contract available for trading by direct general information about the FBOT and determination as to the comparability access be included in the FBOT’s seven areas that specifically address the and comprehensiveness of the request that the Commission’s Office of registration requirements identified in supervision and regulation of the the General Counsel issue no-action Section 48.7. The Commission requests relevant regulatory regime. For example, relief providing that the non-narrow- comments with respect to whether the the Commission may wish to consider based security index futures contract application contents requirements of the whether swap dealers are permitted to may be offered or sold to persons Appendix are adequate to completely provide counterparties with the right to located within the U.S. in accordance address the registration requirements. segregate collateral. In the case of with Section 2(a)(1)(C)(iv) of the Act. IV. Request for Comments Regarding swaps, certain portions of the regulatory With respect to making available for the Proposed Registration Procedures regime applicable to market participants trading by direct access an option In the proposed rule, the Commission with respect to their exchange trading contract on a previously approved has included swaps in the set of activity (e.g., business conduct futures contract, the proposed contracts that a registered FBOT may standards) may be imposed by the procedures are also substantially similar list on a trading system to which it has primary regulatory authority in the to the procedures established for the home jurisdiction of the participant listing such option contracts under 39 See Notice of Additional Conditions on the No- instead of by the exchange on which Action Relief When Foreign Boards of Trade That such participants conduct their 38 See Notice of Revision of Commission Policy Have Received Staff No-Action Relief To Permit transactions. Accordingly, it may be Regarding the Listing of New Futures and Option Direct Access to Their Automated Trading Systems necessary or appropriate to review the Contracts by Foreign Boards of Trade That Have from Locations in the United States List for Trading Received Staff No-Action Relief to Provide Direct from the U.S. Linked Futures and Option Contracts Access to Their Automated Trading Systems from and a Revision of Commission Policy Regarding the 40 As previously noted, under the Dodd-Frank Locations in the United States. 71 FR 19877 (April Listing of Certain New Option Contracts. 74 FR Act, a DCM may trade swaps without additionally 18, 2006); corrected at 71 FR 21003 (April 24, 2006). 3570 (January 21, 2009). registering as a SEF.

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regulations applicable to such Information.’’ In addition, section 8(a)(1) Estimated average hours per response: participants in order to ascertain of the Act strictly prohibits the 1,000. whether the foreign regulatory regime Commission, unless specifically Aggregate annual reporting burden: with respect to the foreign board of authorized by the Act, from making 7,000. trade, in its totality, is both public ‘‘data and information that would 3. New Collection 3038–NEW comprehensive and comparable to that separately disclose the business in the U.S. The Commission requests transactions or market positions of any Regulation 48.8(a)(8)(i) requires each comment regarding whether such a person and trade secrets or names of registered FBOT that makes swap review is necessary or appropriate. The customers.’’ The Commission also is contracts available by direct access to Commission invites public comment required to protect certain information report to the public, on a real-time basis, with respect to all areas described in the contained in a government system of data relating to each swap transaction, proposed registration rule. records according to the Privacy Act of including price and volume, as soon as 1974, 5 U.S.C. 552a. technologically practicable after V. Related Matters 46 If the proposed rules are promulgated execution of the swap transactions. A. The Paperwork Reduction Act in final form, they would require FBOT OMB Control Number 3038–NEW. Estimated number of respondents: 4. The purposes of the Paperwork registrants to collect and submit, Annual responses by each Reduction Act (‘‘PRA’’) are, among other pursuant to part 48 of the Regulations, respondent: 250. things, to minimize the paperwork information to the Commission, which Estimated average hours per response: burden to the private sector, ensure that has never been required. For each 8.32. any collection of information by a proposed requirement, set forth below Aggregate annual reporting burden: government agency is put to the greatest are estimates of: (i) The number of 8,320. possible uses, and minimize duplicative respondents; (ii) the number of annual information collections across responses by each respondent; (iii) the 4. New Collection 3038–NEW government.41 The PRA applies with average hours per response; and (iv) the Regulation 48.8(a)(8)(ii) requires each extraordinary breadth to all information, aggregate annual reporting burden. New registered FBOT that makes swap ‘‘regardless of form or format,’’ a OMB control numbers will be assigned contracts available by direct access to government agency is ‘‘obtaining, to these proposed information collection ensure that all swap transaction data is causing to be obtained [or] soliciting’’ requirements. timely reported to a swap data and includes requiring ‘‘disclosure to 47 1. New Collection 3038–NEW repository. third parties or the public, of facts or OMB Control Number 3038–NEW. opinion,’’ when the information Regulation 48.6 requires each FBOT Estimated number of respondents: 4. collection calls for ‘‘answers to identical currently providing direct access Annual responses by each questions posed to, or identical pursuant to no-action relief to submit a respondent: 250. reporting or recordkeeping requirements ‘‘complete limited application’’ with the Estimated average hours per response: imposed on, ten or more people.’’ 42 This Commission to satisfy the registration 8.32. provision has been determined to requirement, which includes Aggregate annual reporting burden: include not only mandatory but also information and documentation set 8,320. voluntary information collections, and forth in the Appendix to this part that 5. New Collection 3038–NEW to not only written but also oral was not previously provided or is not communications.43 current. Regulation 48.8(b)(1)(i)(A) and (B) requires each registered FBOT to To effect the purposes of the PRA, OMB Control Number 3038–NEW. provide the Commission with certain Congress requires all agencies to Estimated number of respondents: 20. trading volume information and certain quantify and justify the burden of any Annual responses by each 44 information regarding the FBOT information collection it imposes. respondent: 1. This includes submitting each members and other participants in the Estimated average hours per response: U.S. that have direct access to the collection, whether or not it is 50. contained in a rulemaking, to the Office FBOT’s trading system on at least a Aggregate annual reporting burden: quarterly basis. of Management and Budget (‘‘OMB’’) for 1,000. review.45 The OMB submission process OMB Control Number 3038–NEW. includes completing a form 83–I and a 2. New Collection 3038–NEW Estimated number of respondents: 27. Annual responses by each supporting statement with the agency’s Regulation 48.7 provides the burden estimate and justification for the respondent: 4. information and documentation Estimated average hours per response: collection. When the information requirements that a new FBOT must 6. collection is established within a submit to become registered with the Aggregate annual reporting burden: rulemaking, the agency’s burden Commission, including FBOT 648. estimate and justification should be membership information, automated 6. New Collection 3038–NEW provided in the proposed rulemaking, trading system, terms and conditions of subjecting it to the rulemaking’s public contracts to be made available in the Regulation 48.8(b)(1)(ii)(A)–(F) comment process. U.S., settlement and clearing, the requires each registered FBOT to The Commission will protect regulatory regime governing the FBOT proprietary information according to the 46 and clearing organization, the FBOT and Because the Commission has not previously Freedom of Information Act and 17 CFR regulated the swap market, the Commission was clearing organization rules and part 145, ‘‘Commission Records and unable to collect data relevant to these estimates. enforcement thereof, and information Therefore, the Commission requests comment on sharing agreements. these estimates. 41 44 U.S.C. 3501. 47 Because the Commission has not previously 42 OMB Control Number 3038–NEW. 44 U.S.C. 3502. regulated the swap market, the Commission was 43 Estimated number of respondents: 7. 5 CFR 1320.3(c)(1). unable to collect data relevant to these estimates. 44 44 U.S.C. 3506. Annual responses by each Therefore, the Commission requests comment on 45 44 U.S.C. 3507. respondent: 1. these estimates.

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provide the Commission on an ongoing Estimated average hours per response: to provide the Commission with a copy basis with written notice of certain 3. of all rules, rule amendments, and other information, including any material Aggregate annual reporting burden: 6. notices published by the FBOT with changes to the registration information 9. New Collection 3038–NEW respect to all linked contracts. and documents previously submitted to OMB Control Number 3038–NEW. the Commission; any matter known to Regulation 48.8(c)(1)(ii)(D) requires Estimated number of respondents: 1. the FBOT concerning the financial or each registered FBOT with a linked Annual responses by each operational viability of the FBOT or its contract to provide the Commission respondent: 20. clearing organization; and any known with large trader position information. Estimated average hours per response: violation by the FBOT, its clearing OMB Control Number 3038–NEW. 2. organization, any member of the FBOT Estimated number of respondents: 1. Aggregate annual reporting burden: or its clearing organization or any other Annual responses by each 40. participant of the terms or conditions of respondent: 250. 14. New Collection 3038–NEW registration. Estimated average hours per response: OMB Control Number 3038–NEW. 2. Regulation 48.8(c)(2)(v) requires each Estimated number of respondents: 27. Aggregate annual reporting burden: registered FBOT with a linked contract Annual responses by each 500. to provide the Commission with a copy respondent: 1. 10. New Collection 3038–NEW of all disciplinary notices involving the Estimated average hours per response: FBOT’s linked contract upon closure of 2. Regulation 48.8(c)(1)(ii)(E) requires the action. Aggregate annual reporting burden: each registered FBOT with a linked OMB Control Number 3038–NEW. 54. contract to provide the Commission Estimated number of respondents: 1. with such information as necessary to 7. New Collection 3038–NEW Annual responses by each publish reports on aggregate trader respondent: 2. Regulation 48.8(b)(1)(iii)(A)–(F) positions. Estimated average hours per response: requires each registered FBOT to OMB Control Number 3038–NEW. 2. provide the Commission on an annual Estimated number of respondents: 1. Aggregate annual reporting burden: 4. basis with certain information including Annual responses by each a certification from the FBOT’s respondent: 250. 15. New Collection 3038–NEW regulatory authority that the FBOT Estimated average hours per response: Regulation 48.9 requires each retains its authorization in good 2. registered FBOT, upon request by the standing as a regulated exchange under Aggregate annual reporting burden: Commission, to file a written the licensing used in the FBOT’s home 500. demonstration that the FBOT is in country, a description of any significant 11. New Collection 3038–NEW compliance with the conditions for disciplinary or enforcement actions that registration. Regulation 48.8(c)(2)(i) requires each have been instituted by the FBOT in the OMB Control Number 3038–NEW. registered FBOT with a linked contract prior year, and a written description of Estimated number of respondents: 26. to provide the Commission with a any material changes to the regulatory Annual responses by each quarterly report of any member that had regime to which the FBOT is subject to respondent: .25. positions in a linked contract above the that have not previously been disclosed Estimated average hours per response: FBOT position limit, whether a hedge to the Commission. 8. OMB Control Number 3038–NEW. exemption was granted, and if not, Aggregate annual reporting burden: Estimated number of respondents: 27. whether a disciplinary action was taken. 52. Annual responses by each OMB Control Number 3038–NEW. respondent: 1. Estimated number of respondents: 1. 16. New Collection 3038–NEW Estimated average hours per response: Annual responses by each Regulation 48.10 requires each 4. respondent: 4. registered FBOT that wishes to list Aggregate annual reporting burden: Estimated average hours per response: additional futures and options contracts 108. 3. for trading by direct access to request in 8. New Collection 3038–NEW Aggregate annual reporting burden: 12. writing and receive approval from the Regulation 48.8(c)(1)(ii)(C)(1)–(4) Commission prior to offering the requires each registered FBOT to 12. New Collection 3038–NEW contracts from within the U.S. promptly notify the Commission, with Regulation 48.8(c)(2)(ii) requires each OMB Control Number 3038–NEW. regard to the linked contract, of any registered FBOT with a linked contract Estimated number of respondents: 27. changes regarding information that the to provide the Commission with trade Annual responses by each FBOT will make publicly available, execution and audit trail data on a respondent: 1. enforcement of position limits, and trade-date plus one basis. Estimated average hours per response: position reductions required to prevent OMB Control Number 3038–NEW. 4. manipulation, excessive speculation as Estimated number of respondents: 1. Aggregate annual reporting burden: described in section 4a of the Act, price Annual responses by each 108. distortion, or disruption of delivery or respondent: 250. The Commission invites the public the cash settlement process, and any Estimated average hours per response: and other Federal agencies to comment other area of interest expressed by the 3. on any aspect of the reporting and Commission to the FBOT or its Aggregate annual reporting burden: recordkeeping burdens discussed above. regulatory authority. 750. Pursuant to 44 U.S.C. 3506(c)(2)(B), the OMB Control Number 3038–NEW. Commission solicits comments in order Estimated number of respondents: 1. 13. New Collection 3038–NEW to: (i) Evaluate whether the proposed Annual responses by each Regulation 48.8(c)(2)(iv) requires each collection of information is necessary respondent: 2. registered FBOT with a linked contract for the proper performance of the

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functions of the Commission, including conducting its analysis, the Commission regulations. This should have the effect whether the information will have may, in its discretion, give greater of limiting the costs to these FBOTs practical utility; (ii) evaluate the weight to any one of the five since they would be required only to accuracy of the Commission’s estimate enumerated areas of concern and may provide information that was not of the burden of the proposed collection determine that, notwithstanding its previously provided or is not current. of information; (iii) determine whether costs, a particular rule is necessary or The proposed regulations would there are ways to enhance the quality, appropriate to protect the public interest authorize the Commission to impose utility, and clarity of the information to or to effectuate any of the provisions or additional conditions on FBOTs that be collected; and (iv) minimize the to accomplish any of the purposes of the desire to make a linked contract burden of the collection of information rule.49 available by direct access to members of on those who are to respond, including The proposed regulations implement the FBOT or other participants located through the use of automated collection the Dodd-Frank Act by establishing a in the U.S. These conditions would be techniques or other forms of information registration requirement for all FBOTs required as part of the FBOT registration technology. that wish to provide their members or process, and include among other Comments may be submitted directly other participants located in the U.S. things, the imposition of speculative to the Office of Information and with direct access to the FBOT’s position limits and the submission of Regulatory Affairs, by fax at (202) 395– electronic trading and order matching audit trail data and large trader position 6566 or by e-mail at system. Pursuant to proposed information to the Commission for all [email protected]. Please Commission Regulation 48.5, FBOTs linked contracts. Any additional costs provide the Commission with a copy of wishing to provide direct access to their incurred by an FBOT with existing no- submitted comments so that all trading systems to members and other action relief would be offset in part due comments can be summarized and participants located in the U.S. would to the substantial overlap between the addressed in the final rule preamble. be required to file an application for conditions already promulgated by the Refer to the Addresses section of this registration with the Commission that Commission as a general policy notice of proposed rulemaking for contains all of the information and applicable to FBOTs with linked comment submission instructions to the documentation set forth in the contracts and the conditions being Commission. A copy of the supporting Appendix to the Part 48 regulations and proposed by the Commission under statements for the collections of any additional information and regulation 48.8.50 information discussed above may be documentation required to successfully The proposed FBOT registration obtained by visiting RegInfo.gov. OMB demonstrate that the FBOT satisfies the regulations offer significant benefits is required to make a decision registration requirements contained in over the no-action process through concerning the collection of information Rule 48.7. which requests to provide direct access between 30 and 60 days after Regarding FBOTs that currently do to FBOT trading systems were handled publication of this release in the Federal not have no-action relief from in the past. While the no-action process Register. Consequently, a comment to Commission staff, the Commission has served a useful purpose, the no- OMB is most assured of being fully understands that costs associated with action process is designed for discrete, effective if received by OMB (and the the submission of an application for unique factual circumstances where Commission) within 30 days after registration could be considerable. regulations do not address the issue publication of this notice of proposed However, the cost of applying for no- presented. Where the same type of relief rulemaking. Nothing in the foregoing action relief under existing procedures is granted on a regular and recurring affects the deadline enumerated above is substantial. FBOTs requesting no- basis, as it has been with respect to for public comment to the Commission action relief currently are required to direct access to FBOT trading systems, on the proposed rules. provide much of the information that the Commission believes that it is more would be required under the proposed appropriate to provide the relevant B. Cost Benefit Analysis regulation. For example, FBOTs relief through a generally applicable Section 15(a) of the Act requires the requesting no-action relief under rulemaking. The proposed regulations Commission to consider the costs and existing procedures have been required would provide a more standardized and benefits of its actions before issuing a to provide the Commission with efficient application process, enhance new regulation or order under the Act.48 information including the FBOT’s the visibility of the process to both By its terms, Section 15(a) does not trading system, terms and conditions of applicants and the public, and ensure require the Commission to quantify the contracts made available in the U.S., fair and consistent treatment to costs and benefits of a new rule or to and the regulatory regime governing the applicants. Moreover, the Order of determine whether the benefits of the FBOT in its home country. This same Registration issued by the Commission adopted rule outweigh its costs. Rather, information would be required as part of pursuant to this proposal would provide Section 15(a) requires the Commission the registration process under the greater legal certainty to FBOTs to ‘‘consider the costs and benefits’’ of a proposed regulations. The additional operating pursuant to those Orders than proposed rule. Section 15(a) further cost of applying for registration rather no-action letters, which are issued by specifies the costs and benefits of than applying for no-action relief is the staff and not binding on the proposed rules shall be evaluated in significant, but not overly large. Commission. light of five broad areas of market and FBOTs that currently have no-action In addition, there is substantial value public concern: (1) Protection of market relief from the Commission would be in the information and documentation participants and the public; (2) required to register with the that the Commission will be able to efficiency, competitiveness, and Commission and only provide a limited obtain, and the obligations that may be financial integrity of futures markets; application pursuant to the proposed imposed pursuant to the conditions (3) price discovery; (4) sound risk applicable to FBOT registration. For management practices; and (5) other 49 E.g., Fishermen’s Dock Co-op., Inc v. Brown, 75 example, an FBOT that lists for trading F3d 164 (4th Cir. 1996); Center for Auto Safety v. public interest considerations. In Peck, 751 F.2d 1336 (D.C. Cir. 1985) (agency has a contract which settles on the price of discretion to weigh factors in undertaking cost- 48 7 U.S.C. 19(a). benefit analyses). 50 See CFTC Letter No. 08–09, June 17, 2008.

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a contract traded on a Commission- substantial number of FBOTs, whether foregoing, the Chairman on behalf of the regulated exchange raises serious they are large or small entities. Commission hereby certifies, pursuant concerns for the Commission. The Moreover, the Commission does not to 5 U.S.C. 605(b), that the proposed position limit requirement and the believe that FBOTs would be small rules will not have a significant impact submission of large trader position entities. For both reasons, the on a substantial number of small information and audit trail data to the Commission believes that a regulatory entities. Commission, pursuant to the conditions flexibility analysis is not required for List of Subjects in 17 CFR Part 48 placed upon an FBOT that offers a this rulemaking. linked contract for trading via direct The Commission has not previously Foreign boards of trade, Commodity access to its members or other addressed the question whether FBOTs futures, Options, Swaps, Direct access, participants located in the U.S., will are, in fact, small entities for purposes Linked contract, Registration, Existing enhance the Commission’s ability to of the RFA since FBOTs are a new no-action relief, Conditions of carry out its market surveillance category of registrant created by the registration. responsibilities. The proposed Dodd-Frank Act. However, the term In consideration of the foregoing, and regulations and related conditions also ‘‘foreign board of trade’’ has been used pursuant to the authority contained in will ensure that transactions executed in the CEA and defined in the the Act, and, in particular, sections 3, 4 on an FBOT do not adversely affect U.S. Commission Regulations to be a ‘‘board and 8a of the Act, the Commission cash and futures markets, market of trade, exchange or market located hereby proposes to amend Chapter I of participants, and customers, as well as outside the U.S.’’ 53 The term ‘‘board of Title 17 of the Code of Federal the consumers affected by those trade,’’ in turn, is defined in the CEA as Regulations by adding a new part 48 to transactions. Finally, the proposed ‘‘any organized exchange or trading read as follows: regulations are designed to ensure that facility.’’ 54 An organized exchange the U.S. commodity markets operate includes designated or registered PART 48—REGISTRATION OF fairly and efficiently and are free from exchanges, such as DCMs.55 FOREIGN BOARDS OF TRADE fraud, manipulation and other market The Commission has previously abuses. determined that DCMs are not ‘‘small Sec. After considering the costs and entities’’ for purposes of the RFA.56 Key 48.1 Scope. benefits, the Commission has to the Commission’s determination was 48.2 Definitions. 48.3 Registration required. determined to propose the regulations that DCMs perform a central role in the discussed above. The Commission 48.4 Registration eligibility. regulatory scheme for futures trading, 48.5 Registration procedures. invites public comment on its requiring the DCM to employ significant 48.6 Foreign boards of trade providing evaluation of the costs and benefits of resources, including personnel, in the direct access pursuant to existing no- the proposed regulations. Specifically, performance of this statutory role. The action relief. commenters are invited to submit data Commission designates a contract 48.7 Requirements for registration. quantifying the costs and benefits of the market only when it meets specific 48.8 Conditions of registration. proposed regulations with their criteria including expenditure of 48.9 Revocation of registration. comment letters. sufficient resources to establish and 48.10 Additional contracts. Appendix—Part 48—Contents of Application C. The Regulatory Flexibility Act maintain adequate self-regulatory programs. Authority: 7 U.S.C. 5, 6 and 12a, unless The Regulatory Flexibility Act Likewise, the Commission will otherwise noted. (‘‘RFA’’) 51 requires that agencies register an FBOT to provide direct § 48.1 Scope. consider whether the rules they propose access only after it has met similar will have a significant economic impact criteria. Critically, an FBOT will only be The provisions of this part apply to on a substantial number of small entities registered by demonstrating that it any foreign board of trade that is and, if so, provide a regulatory possesses the attributes of an registered or is applying to become flexibility analysis respecting the established, organized exchange; registered with the Commission in order 52 impact. The proposed rules detailed in adheres to appropriate rules prohibiting to provide its identified members or this release would only affect FBOTs. abusive trading practices; and enforces other participants located in the United The rules would replace the policy of appropriate rules to maintain market States with direct access to its electronic issuing staff no-action letters to permit and financial integrity. Because FBOTs trading and order matching system. FBOTs to provide for direct access, and DCMs are functionally equivalent § 48.2 Definitions. defined in the Dodd-Frank Act to refer entities in these regards, the (a) Foreign board of trade. For to an explicit grant of authority by an Commission is determining that FBOTs, FBOT to an identified member or other purposes of this part, foreign board of like DCMs, are not small entities for trade means any board of trade, participant to enter trades directly into purposes of the RFA. In light of the the FBOT’s trade matching system. exchange or market located outside the United States, its territories or As a threshold matter, because the 53 See Commission Regulation 1.33(ss). proposed application requirements and Additionally, the term ‘‘board of trade, exchange or possessions, whether incorporated or standards for FBOT registration under market located outside the U.S.’’ is used unincorporated, where foreign the new rules generally are consistent interchangeably in the CEA with the term ‘‘foreign agreements, contracts or transactions are board of trade.’’ For example, Section 4(a) carves out entered into. with the application requirements and ‘‘board of trade, exchange or market located outside review standards that have guided the the U.S.’’ from the requirement that futures (b) Foreign board of trade eligible to Commission’s staff in issuing FBOT no- contracts in the U.S. must be traded on a DCM or be registered. A foreign board of trade action relief letters, the Commission DTEF; new Section 4(b)(2)(C) provides that the eligible to be registered means a foreign Commission may not, except as provided in section board of trade that satisfies the believes that these rules will not have a 4(b)(1) and (2), directly regulate a ‘‘foreign board of significant economic effect on any trade.’’ requirements for registration specified 54 CEA § 1a(2). in section 48.7 of this part and 51 5 U.S.C. 601 et seq. 55 CEA § 1a(27). (1) Possesses the attributes of an 52 5 U.S.C. 601 et seq. 56 47 FR 18618, 18619 (April 30, 1982). established, organized exchange,

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(2) Adheres to appropriate rules Counterparties that have been issued by its members and other participants prohibiting abusive trading practices, jointly by the Committee on Payment located in the United States. (3) Enforces appropriate rules to and Settlement Systems and the (i) Swaps. For purposes of this part, maintain market and financial integrity, Technical Committee of the swaps is defined to mean swaps as (4) Has been authorized by a International Organization of Securities defined in section 1a(47) of the Act, and regulatory process that examines Commissions as updated, revised or any Commission regulation adopted customer and market protections, and otherwise amended, or successive thereunder, and any transaction or (5) Is subject to continued oversight standards, principles and guidance for contract that is regulated as a swap by a regulator that has power to central counterparties or financial under the regulatory regime to which intervene in the market and the market infrastructures adopted jointly the FBOT is subject. authority to share information with the by the International Organization of (j) Affiliate. For purposes of this part, Commission. Securities Commissions and the an affiliate of a registered foreign board (c) Direct access. For purposes of this Committee on Payment and Settlement of trade member or other participant part, direct access means an explicit Systems. shall mean any person, as that term is grant of authority by a foreign board of (g) Clearing organization. For defined in section 1a(38) of the CEA, trade to an identified member or other purposes of this part, clearing that: participant located in the United States organization means the foreign board of (1) Owns 50% or more of the member to enter trades directly into the trade trade, affiliate of the foreign board of or other participant; matching system of the foreign board of (2) Is owned 50% or more by the trade or any third party clearing house, trade. member or other participant; or (d) Linked contract. For purposes of clearing association, clearing (3) Is owned 50% or more by a third this part, a linked contract is a futures corporation or similar entity, facility or person that also owns 50% or more of or option or swaps contract made organization that, with respect to any the member or other participant. available for direct access from the agreement, contract or transaction (k) Member or other participant. For United States by a registered foreign executed on or through the foreign purposes this part, the terms member or board of trade that settles against any board of trade, would be: other participant of the registered price (including the daily or final (1) Defined as a derivatives clearing foreign board of trade shall include any settlement price) of one or more organization under section 1a(9) of the affiliate of any registered foreign board contracts listed for trading on a Act; of trade’s member or other participant registered entity as defined in section (2) Defined as a central counterparty that has been granted direct access to 1a(40) of the Act. by the Recommendations for Central the trading system by the registered (e) Communications. For purposes of Counterparties that have been issued foreign board of trade. this part, communications is defined to jointly by the Committee on Payment include any summons, complaint, order, and Settlement Systems and the § 48.3 Registration required. subpoena, request for information, Technical Committee of the (a) Except as specified in this part, it notice, or any other written or electronic International Organization of Securities shall be unlawful for a foreign board of documentation or correspondence Commissions, as updated, revised or trade to permit direct access to its issued by or on behalf of the otherwise amended, or successive electronic trading and order matching Commission. standards, principles and guidance for system from within the United States (f) Material change. For purposes of central counterparties adopted or unless and until the Commission has this part, material changes in the financial market infrastructures adopted issued a valid and current Order of information provided to the jointly by the Committee on Payment Registration to the foreign board of trade Commission in support of the and Settlement Systems or the pursuant to the provisions of this part. registration application would include, International Organization of Securities (b) It shall be unlawful for a board of without limitation, a modification of Commissions; or trade to make false or misleading any of the following: The membership (3) Otherwise interposes itself statements in any application for criteria of the foreign board of trade or between the counterparties to the registration or in connection with any its clearing organization; the location of agreements, contracts or transactions (or application for registration under this the management, personnel or subset thereof) executed on or through part. operations of the foreign board of trade the foreign board of trade, becoming the § 48.4 Registration eligibility. or its clearing organization (particularly buyer to every seller and the seller to (a) Only foreign boards of trade changes that may suggest an increased every buyer. eligible to be registered, as defined in nexus between the foreign board of (h) Existing no-action relief. For § 48.2(b) of this part, are eligible for trade’s activities and the United States); purposes of this part, existing no-action registration with the Commission the basic structure, nature, or operation relief means a no-action letter issued by pursuant to this part. of the trading system or its clearing a division of the Commission to the (b) An applicant may request foreign organization; the regulatory or self- foreign board of trade in which the board of trade registration in order to regulatory regime applicable to the division informs the foreign board of permit direct access from within the foreign board of trade, its clearing trade that it will not recommend that United States to its members and other organization, and their respective the Commission institute enforcement participants that: members and other participants action against the foreign board of trade (1) Trade in the United States for their (including, without limitation, the rules if the foreign board of trade does not proprietary accounts; applicable to or oversight thereof), any seek designation as either a designated (2) Are registered with the change in the authorization, licensure or contract market pursuant to section 5 of Commission as futures commission registration of the foreign board of trade the Act or a derivatives transaction merchants and submit orders for United or clearing organization, and any execution facility pursuant to section 5a States customers to the trading system information that may impact the ability of the Act in connection with the for execution; or of the clearing organization to satisfy the provision of direct access to the foreign (3) Are registered with the current Recommendations for Central board of trade’s trade matching system Commission as a commodity pool

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operator or commodity trading advisor, (2) Whether the foreign board of trade all of the information and or are exempt from such registration and its clearing organization are subject documentation set forth in the pursuant to section 4.13 or 4.14 of this to comprehensive supervision and Appendix to this part 48. To the extent chapter, and that submit orders for regulation by the appropriate that the foreign board of trade intends execution on behalf of United States governmental authorities in their home to rely upon previously submitted pools they operate or accounts of United country that is comparable to the information or documentation to States customers for which they have comprehensive supervision and demonstrate that it satisfies the discretionary authority, respectively, regulation to which designated contract requirements of the Appendix or the provided that a futures commission markets and derivatives clearing registration requirements set forth in merchant or a firm exempt from such organizations are respectively subject in section 48.7 of this part, the foreign registration pursuant to Commission the United States; board of trade must resubmit the Rule 30.10 acts as clearing firm and (3) Any previous Commission information or documentation, identify guarantees, without limitation, all such findings that the foreign board of trade the specific requirements for registration trades of the commodity pool operator and its clearing organization are subject set forth in section 48.7 of this part that or commodity trading advisor effected to comprehensive supervision and are satisfied by the resubmitted through submission of orders to the regulation by the appropriate information, and certify that the trading system. government authorities in the foreign information remains current and true board of trade’s home country that is (limited application). § 48.5 Registration procedures. comparable to the comprehensive (c) Foreign boards of trade operating (a) A foreign board of trade seeking supervision and regulation to which pursuant to existing no-action relief registration with the Commission designated contract markets and must submit a complete limited pursuant to this part must electronically derivatives clearing organizations are application for registration within 120 file an application for registration, subject in the United States; and days of the effective date of this labeled as an Application for Foreign (4) Whether the foreign board of trade regulation and the no-action relief will, Board of Trade Registration pursuant to and its clearing organization have upon notice to the foreign board of part 48 of the Commission’s adequately demonstrated that they meet trade, be revoked if a complete limited Regulations, with the Secretary of the the requirements for registration application is not received by the Commission, at specified in section 48.7 of this part. Commission within that 120 days. The [email protected]. (e) If the Commission approves the foreign board of trade may continue to (b) An application for registration application, the Commission will provide direct access from the United must be signed by the foreign board of register the foreign board of trade by States pursuant to the no-action relief trade’s chief executive officer (or issuing an Order of Registration. If the during the 120-day period, during the functional equivalent) and must include Commission does not approve the period in which the complete limited the information and documentation set application, the foreign board of trade application is being reviewed by the forth in the Appendix to this part 48 will not be registered and may not Commission, and until the Commission and any information and documentation provide direct access to its electronic notifies the foreign board of trade that necessary, in the discretion of the trading and order matching systems the application has been approved or Commission, to effectively demonstrate from within the United States, and the not approved or that the existing no- that the foreign board of trade and its Commission will issue a Notice of action relief has otherwise been clearing organization satisfy the Action specifying that the application withdrawn. registration requirements set forth in was not approved and setting forth the § 48.7 Requirements for registration. this part. The application must include reasons therefor. The Commission may, a certification by the chief executive after appropriate notice and an An applicant for registration under officer (or functional equivalent) of the opportunity for a hearing, amend, this part must include all of the foreign board of trade and the clearing suspend, terminate or otherwise restrict information and documentation set organization that representations made the terms of the Order of Registration. forth in the Appendix to this Part 48 in connection with, or relevant to, the (f) A foreign board of trade whose and any other information and application and the information and application is not approved may reapply documentation necessary or appropriate documentation provided in support for registration 360 days after the to determine that the following thereof are true, correct and complete. issuance of the Notice of Action if the requirements for registration are met. (c) A foreign board of trade foreign board of trade has addressed any The Commission, in its discretion, may registration applicant must identify with deficiencies in its original application or impose additional registration particularity any information in the facts and circumstances relevant to the requirements and request additional application that will be subject to a Commission’s review of the application information and documentation in request for confidential treatment and have changed. connection with an application for must provide support for any request for registration. An applicant for confidential treatment pursuant to the § 48.6 Foreign boards of trade providing registration must provide promptly any procedures set forth in section 145.9 of direct access pursuant to existing no-action additional information or this chapter. relief. documentation requested by the (d) The Commission will review the (a) A foreign board of trade operating Commission in connection with the application for foreign board of trade pursuant to existing no-action relief as application. registration and, if the Commission of the effective date of this Part 48 must (a) Foreign Board of Trade and finds the application to be complete, register with the Commission pursuant Clearing Membership. An applicant for may approve or deny the application. In to this Part 48 in order to continue to registration must demonstrate that: its review, the Commission will provide direct access to its electronic (1) The members and other consider, among other things: trading and order matching system from participants of the foreign board of trade (1) Whether the foreign board of trade the United States. and its clearing organization are fit and is eligible to be registered as defined in (b) Such foreign board of trade’s proper and meet appropriate financial section 48.2(b) of this part; application for registration must include and professional standards,

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(2) The foreign board of trade and its (i) Contracts that are linked to a the foreign board of trade and clearing clearing organization have and enforce contract listed for trading on a United organization, with respect to, among provisions to minimize and resolve States registered entity, and other things, market integrity, customer conflicts of interest, and (ii) Contracts that share any other protection, clearing and settlement and (3) The foreign board of trade and its commonality with a contract listed for the enforcement of exchange and clearing organization have and enforce trading on a United States registered clearing organization rules, rules prohibiting the disclosure of entity, for example, if both the foreign (3) The regulatory authorities material non-public information board of trade’s and the United States governing the foreign board of trade and obtained as a result of a member’s or registered entity’s contract settle to the the clearing organization have the other participant’s performance of price of the same third party- power to share information directly duties as a member of their respective constructed index. with the Commission, upon request, governing boards and significant (d) Settlement and Clearing. An including information necessary to committees. applicant for registration must evaluate the continued eligibility of the (b) The Automated Trading System. demonstrate that: foreign board of trade for registration An applicant for registration must (1) The clearing organization complies and to audit for compliance with the demonstrate that: with the current Recommendations for terms and conditions of the registration. (1) The trading system complies with Central Counterparties that have been (4) The regulatory authorities Principles for the Oversight of Screen- issued jointly by the Committee on governing the foreign board of trade and Based Trading Systems for Derivative Payment and Settlement Systems and the clearing organization have the Products developed by the Technical the Technical Committee of the power to intervene in the market. Committee of the International International Organization of Securities (f) The Rules of the Foreign Board of Organization of Securities Commissions, Commissions as updated, revised or Trade and Clearing Organization and (2) The trade matching algorithm otherwise amended, or successive Enforcement Thereof. An applicant for matches trades fairly and timely, standards, principles and guidance for registration must demonstrate that: (3) The audit trail captures all central counterparties and financial (1) The foreign board of trade and its relevant data, including changes to market infrastructures adopted jointly clearing organization have implemented orders, and audit trail data is securely by the International Organization of and enforce rules to ensure compliance maintained and available for an Securities Commissions and the with the requirements of registration adequate time period, Committee on Payment and Settlement contained in this part, (4) Trade data is made available to Systems or is registered with the (2) The foreign board of trade and its users and the public, Commission as a derivatives clearing clearing organization have the capacity (5) The trading system has organization, and to detect, investigate, and sanction demonstrated reliability, (2) The clearing organization is in persons who violate their respective (6) Access to the trading system is good regulatory standing in its home rules, secure and protected, country jurisdiction. (3) The foreign board of trade and the (7) There are adequate provisions for (e) The Regulatory Regime Governing clearing organization (or their respective emergency operations and disaster the Foreign Board of Trade and the regulatory authorities) have recovery, Clearing Organization. An applicant for implemented and enforce disciplinary (8) Trading data is backed up to registration must demonstrate that: procedures that empower them to prevent loss of data, and (1) The regulatory authorities recommend and prosecute disciplinary (9) Only those futures and option governing the activities of the foreign actions for suspected rule violations, contracts or swaps that have been board of trade and clearing organization impose adequate sanctions for such identified to the Commission as part of provide comprehensive supervision and violations, and provide adequate the application or permitted to be made regulation of the foreign board of trade protections to charged parties pursuant available for trading by direct access and the clearing organization that is to fair and clear standards, pursuant to the procedures set forth in comparable to the comprehensive (4) The foreign board of trade and its section 48.10 of this part are made supervision and regulation provided by clearing organization are authorized by available for trading on connections in the Commission to designated contract rule or by contractual agreement to the United States. markets and derivatives clearing obtain, from members and other (c) Terms and Conditions of Contracts organizations, that is, the regulatory participants, any information and To Be Made Available in the United authorities support and enforce cooperation necessary to conduct States. regulatory objectives in the oversight of investigations, to effectively enforce (1) Contracts that may be made the foreign board of trade and clearing their respective rules, and to ensure available by direct access must meet the organization that are substantially compliance with the conditions of following standards: equivalent to the regulatory objectives registration, (i) Contracts must be futures, option supported and enforced by the (5) The foreign board of trade and its or swaps contracts—only such contracts Commission in its oversight of clearing organization have sufficient as would be eligible to be traded on a designated contract markets and compliance staff and resources, designated contract market are eligible derivatives clearing organizations, including by delegation and/or to be traded by direct access on a (2) The regulatory authorities outsourcing to a third party, to fulfill registered foreign board of trade, governing the activities of the foreign their respective regulatory (ii) Contracts must be cleared, board of trade, the clearing organization responsibilities, including appropriate (iii) Contracts must not be prohibited and their respective members and other trade practice surveillance, real time from being traded by United States participants engage in ongoing market monitoring, market surveillance, persons, and regulatory supervision and oversight of financial surveillance, protection of (iv) Contracts must not be readily the foreign board of trade and its trading customer funds, enforcement of clearing susceptible to manipulation. system, the clearing organization and its and settlement provisions and other (2) Contracts that have the following clearing system, the members, compliance and regulatory characteristics must be identified: intermediaries and other participants of responsibilities,

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(6) The foreign board of trade has clearing organization must provide (iii) The laws, systems, rules, and implemented and enforces rules with directly to the Commission information compliance mechanisms of the respect to access to the trading system necessary to evaluate the continued regulatory regime applicable to the and the means by which the connection eligibility of the foreign board of trade foreign board of trade will continue to is accomplished, clearing organization, or their respective require the foreign board of trade to (7) The foreign board of trade’s audit members or other participants for maintain fair and orderly markets; trail captures and retains sufficient registration, to audit for and enforce prohibit fraud, abuse, and market order and trade-related data to allow its compliance with the specified manipulation; and provide that such compliance staff to detect trading and conditions of the registration, or to requirements are subject to the oversight market abuses and to reconstruct all enable the Commission to carry out its of appropriate regulatory authorities. transactions within a reasonable period duties under the Act and Commission (3) Satisfaction of Comparable of time, regulations. International Standards: (8) The foreign board of trade has (i) The foreign board of trade will implemented and enforces rules relating § 48.8 Conditions of registration. continue to adhere to the Principles for to prohibited trading practices (for Immediately upon registration, and on the Oversight of Screen-Based Trading example wash sales or trading ahead), an ongoing basis thereafter, the foreign Systems for Derivative Products (9) The foreign board of trade has the board of trade and the clearing developed by the Technical Committee capacity to detect and deter, and has organization shall comply with the of the International Organization of implemented and enforces rules relating conditions of registration set forth in Securities Commissions, as updated, to, market manipulation, attempted this section and any additional revised, or otherwise amended, to the manipulation, price distortion, and conditions that the Commission may extent such principles do not other disruptions of the market, and impose, in its discretion, and after contravene United States law. (10) The foreign board of trade has appropriate notice and opportunity for a (ii) The clearing organization will and enforces rules and procedures that hearing. Such conditions could include, continue to: (A) Be registered as a ensure a competitive, open and efficient but are not limited to, the conditions set derivatives clearing organization and be market and mechanism for executing forth in section 48.8(c) of this part and, in compliance with the laws and transactions. with respect to the listing of swaps regulations related thereto or (B) satisfy (g) Information Sharing. An applicant contracts, any additional conditions that the Recommendations for Central for registration must demonstrate that: the Commission deems necessary. Counterparties that have been issued (1) The regulatory authorities Continued registration is expressly jointly by the Committee on Payment governing the activities of and providing conditioned upon satisfaction of these and Settlement Systems and the supervision and oversight of the foreign conditions. Technical Committee of the board of trade and the clearing International Organization of Securities (a) Specified Conditions for organization are signatories to the Commissions, as updated, revised or Maintaining Registration. International Organization of Securities otherwise amended, or successive Commissions Multilateral Memorandum (1) Registration Requirements: The standards, principles and guidance for of Understanding; if the regulatory foreign board of trade and its clearing central counterparties or financial authorities are not signatories to the organization shall continue to satisfy all market infrastructures adopted jointly International Organization of Securities of the requirements for registration set by the Committee on Payment and Commissions Multilateral Memorandum forth in section 48.7 and the conditions Settlement Systems and the Technical of Understanding, they must inform the for maintaining registration set forth Committee of the International Commission of the reasons why the herein. Organization of Securities Commissions. document has not been signed, supply (2) Regulatory Regime: (4) Restrictions on Direct Access: any additional information requested by (i) The foreign board of trade will (i) Only the foreign board of trade’s the Commission, and ensure alternative continue to satisfy the criteria for a identified members or other participants information sharing arrangements that regulated market pursuant to the will have direct access to the foreign are satisfactory to the Commission are in regulatory regime described in its board of trade’s trading system from the place. application and will continue to be United States and the foreign board of (2) The regulatory authorities subject to oversight by the regulatory trade will not provide, and will take governing the activities of and providing authorities described in its application reasonable steps to prevent, third parties supervision and oversight of the foreign with respect to transactions effected from providing direct access to the board of trade and the clearing through the foreign board of trade’s foreign board of trade to persons other organization are signatories to the trading system. than the identified members or other Declaration on Cooperation and (ii) The clearing organization will participants. Supervision of International Futures continue to satisfy the criteria for a (ii) All orders that are transmitted Exchanges and Clearing Organizations regulated clearing organization pursuant through the foreign board of trade’s or otherwise commits to share the types to the regulatory regime described in the trading system by a foreign board of of information contemplated by the application for registration; the clearing trade identified member or other International Information Sharing organization and its participants will participant that is operating pursuant to Memorandum of Understanding and continue to be subject to comprehensive the foreign board of trade’s registration Agreement with the Commission, supervision, regulation and oversight by will be solely for the member’s or (3) The foreign board of trade has the regulatory authorities as described trading participant’s own account executed, or commits to execute, the in the application and that is unless such member or other participant International Information Sharing comparable to the comprehensive is registered with the Commission as a Memorandum of Understanding and supervision, regulation to which such futures commission merchant or such Agreement, and entities would be subject in the United member or other participant is (4) Pursuant to the conditions States; and the clearing organization registered with the Commission as a described in section 48.8(a)(6) of this shall continue to be in good standing commodity pool operator or commodity part, the foreign board of trade and with the relevant regulatory authority. trading advisor, or is exempt from such

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registration pursuant to section 4.13 or trade’s trading system pursuant to the adequate protection to the public or 4.14 of this chapter, provided that a foreign board of trade’s registration and United States registered entities. futures commission merchant or a firm that is not registered with the (iv) In the event that the foreign board exempt from such registration pursuant Commission as a futures commission of trade and the clearing organization to Commission Rule 30.10 acts as merchant, a commodity trading advisor, are separate entities, the foreign board of clearing firm and guarantees, without or a commodity pool operator will trade will require the clearing limitation, all such trades of the maintain with the foreign board of trade organization to enter into a written commodity pool operator or commodity written representations, executed by agreement in which the clearing trading advisor effected through persons with the authority to bind the organization is contractually obligated submission of orders on the trading entity making them, stating that as long to promptly provide any and all system. as the foreign board of trade is registered information and documentation that (5) Submission to Commission under this regulation, the foreign board may be required of the clearing Jurisdiction: of trade, the clearing organization or organization under this regulation and (i) The foreign board of trade will member of either or other participant such agreement shall be made available require that each current and granted direct access pursuant to this to the Commission, upon request. prospective member or other participant regulation will provide, upon the (7) Monitoring for Compliance: that is granted direct access to the request of the Commission, the United The foreign board of trade and the foreign board of trade’s trading system States Department of Justice and, if clearing organization will employ pursuant to the foreign board of trade’s appropriate, the National Futures reasonable procedures for monitoring registration and that is not registered Association, prompt access to the and enforcing compliance with the with the Commission as a futures entity’s, member’s, or other participant’s specified conditions of its registration. commission merchant, a commodity original books and records or, at the (8) Conditions Applicable to Swaps trading advisor or a commodity pool election of the requesting agency (the Trading: operator file with the foreign board of Commission, the United States (i) If the foreign board of trade makes trade a written representation, executed Department of Justice, or the National swaps contracts available by direct by a person with the authority to bind Futures Association), a copy of specified access, the foreign board of trade must the member or other participant, stating information containing such books and report to the public, on a real-time basis, that as long as the member or other records, as well as access to the data relating to each swap transaction, participant grants direct access to the premises where the trading system is including price and volume, as soon as foreign board of trade’s trading system available in the United States. technologically practicable after pursuant to the foreign board of trade (v) The foreign board of trade will execution of the swap transaction. registration, the member or other maintain all representations required (ii) If the foreign board of trade makes participant agrees to and submits to the pursuant to this regulation as part of its swaps contracts available by direct jurisdiction of the Commission with books and records and will make them access, the foreign board of trade must respect to activities conducted pursuant available to the Commission upon ensure that all swap transaction data is to the registration. request. (ii) The foreign board of trade and its (6) Information Sharing: timely reported to a swap data clearing organization will file with the (i) Information-sharing arrangements repository that is either A. registered Commission a valid and binding satisfactory to the Commission, with the Commission, or B. has an appointment of an agent for service of including but not limited to those set information sharing arrangement with, process in the United States pursuant to forth in section 48.7(g) of the the Commission. which the agent is authorized to accept registration requirements, are in effect (iii) If the foreign board of trade makes delivery and service of communications between the Commission and the swaps contracts available by direct issued by or on behalf of the regulatory authorities that supervise access, the foreign board of trade must Commission. both the foreign board of trade and the agree to coordinate with the (iii) The foreign board of trade will clearing organization. Commission with respect to require that each current and (ii) The Commission is, in fact, able to arrangements established to address prospective member or other participant obtain sufficient information regarding cross market oversight issues, including of the foreign board of trade that is the foreign board of trade, the clearing surveillance, emergency actions and the granted direct access to the foreign organization, their respective members monitoring of trading. board of trade’s trading system pursuant and participants and the activities (b) Other Continuing Obligations. to the foreign board of trade’s related to the foreign board of trade’s (1) Foreign boards of trade registered registration with the Commission and registration. under this part and their clearing that is not registered with the (iii) The foreign board of trade, and its organizations must also comply with the Commission as a futures commission clearing organization, as applicable, will following regulatory obligations on an merchant, a commodity trading advisor provide directly to the Commission any ongoing basis: or a commodity pool operator file with information necessary to evaluate the (i) The foreign board of trade will the foreign board of trade a valid and continued eligibility of the foreign board maintain the following updated binding appointment of a United States of trade or its members or other information and submit such agent for service of process in the participants for registration, the information to the Commission on at United States pursuant to which the capability and determination to enforce least a quarterly basis, not later than 30 agent is authorized to accept delivery compliance with these specified days following the end of the quarter, and service of communications issued conditions of the registration or, in the and at any time promptly upon the by or on behalf of the Commission. event that the Commission has been request of a Commission representative, (iv) The foreign board of trade, unable to satisfactorily obtain necessary computed based upon separating buy clearing organization, and each current information from the regulatory sides and sell sides: and prospective member or other authority, to enable the Commission to (A) For each contract available to be participant of either that is granted carry out its duties under the Act and traded through the foreign board of direct access to the foreign board of Commission regulations and to provide trade’s trading system,

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(1) The total trade volume originating access taken against any of their (F) A description of any significant from electronic trading devices respective members or participants that disciplinary or enforcement actions that providing direct access to the trading involves any market manipulation, have been instituted by or against the system in the United States, fraud, deceit, or conversion or that foreign board of trade or the clearing (2) The total trade volume for such results in suspension or expulsion. organization or the senior officers of products traded through the trading (iii) The foreign board of trade and the either in the prior year. system worldwide, and clearing organization, as applicable, (G) A written description of any (3) The total trade volume for such must provide the following to the material changes to the regulatory products traded on the foreign board of Commission on an annual basis. regime to which the foreign board of trade generally; and (A) A certification from the foreign trade or the clearing organization are (B) A listing of the names, National board of trade’s regulatory authority subject that have not been previously Futures Association identification confirming that the foreign board of disclosed, in writing, to the numbers (if applicable), and main trade retains its authorization, licensure Commission, or a certification that no business addresses in the United States or registration, as applicable, as a material changes have occurred. of all members and other participants regulated market and/or exchange under (2) The above-referenced materials that have direct access to the trading the authorization, licensing or other must be signed by an officer of the system in the United States. registration methodology used by the foreign board of trade or the clearing (ii) The foreign board of trade will foreign board of trade’s regulatory organization who maintains the promptly provide to the Commission authority and that the foreign board of authority to bind the foreign board of written notice of the following: trade is in continued good standing. trade or clearing organization, as (A) Any material change in the (B) A certification from the clearing applicable, and be based on the officer’s organization’s regulatory authority information provided in the registration personal knowledge. confirming that the clearing application. (c) Additional Specified Conditions (B) Any material change in the foreign organization retains its authorization, for Foreign Boards of Trade with Linked board of trade’s or clearing licensure or registration, as applicable, Contacts. If a registered foreign board of organization’s rules or the laws, rules, as a clearing organization under the trade grants members or other and regulations in the home country authorization, licensing or other participants located in the United States jurisdictions of the foreign board of registration methodology used by the direct access and makes available to trade or clearing organization relevant to clearing organization’s regulatory them a linked contract, the following futures, options and swaps contracts. authority and is in continued good (C) Any matter known to the foreign standing. additional conditions apply: board of trade, the clearing organization (C) If the clearing organization is not (1) Statutory Conditions. or its representatives that, in the a derivatives clearing organization, a (i) The foreign board of trade must judgment of the foreign board of trade recertification of the clearing make public daily trading information or clearing organization judgment, may organization’s compliance with the regarding the linked contract that is affect the financial or operational Recommendations for Central comparable to the daily trading viability of the foreign board of trade or Counterparties that have been issued information published by the registered its clearing organization with respect to jointly by the Committee on Payment entity for the contract to which the contracts traded by direct access, and Settlement Systems and the foreign board of trade’s contract is including, but not limited to, any Technical Committee of the linked, and significant system failure or International Organization of Securities (ii) The foreign board of trade (or its interruption. Commissions, as updated, revised or regulatory authority) must: (D) Any default, insolvency, or otherwise amended, or successive (A) Adopt position limits (including bankruptcy of any foreign board of trade standards, principles and guidance for related hedge exemption provisions) member or other participant that is or central counterparties and financial applicable to all market participants for should be known to the foreign board of market infrastructures adopted jointly the linked contract that are comparable trade or its representatives or the by the Committee on Payment and to the position limits (including related clearing organization or its Settlement Systems and the hedge exemption provisions) adopted representatives that may have a International Organization of Securities by the registered entity for the contract material, adverse impact upon the Commissions. to which it is linked; condition of the foreign board of trade (D) A certification that affiliates of (B) Have the authority to require or as it relates to trading by direct access, members and other participants, as direct any market participant to limit, its clearing organization or upon any defined in § 48.2(j) of this part continue reduce, or liquidate any position the United States customer or firm or any to be required to comply with foreign board of trade (or its regulatory default, insolvency or bankruptcy of any appropriate registration requirements, authority) determines to be necessary to member of the foreign board of trade’s conditions for registration and the rules prevent or reduce the threat of price clearing organization. of the foreign board of trade and that the manipulation, excessive speculation as (E) Any violation of the specified members or other participants to which described in section 4a of the Act, price conditions of the foreign board of trade’s they are affiliated remain responsible to distortion, or disruption of delivery on registration or failure to satisfy the the foreign board of trade for ensuring the cash settlement process; requirements for registration under this their affiliates’ compliance. (C) Agree to promptly notify the part that is known or should be known (E) A description of any material Commission, with regard to the linked by the foreign board of trade, the changes to any relevant representation contract, of any change regarding— clearing organization or any of their regarding the foreign board of trade or (1) The information that the foreign respective members or participants. clearing organization made to the board of trade will make publicly (F) Any disciplinary action by the Commission that have not been available, foreign board of trade or its clearing previously disclosed, in writing, or a (2) The position limits that foreign organization with respect to any certification that no material changes board of trade or its regulatory authority contract available to be traded by direct have been made. will adopt and enforce,

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(3) The position reductions required (iv) The foreign board of trade will Commission may revoke the foreign to prevent manipulation, excessive provide to Commission staff, at least one board of trade’s registration, after speculation as described in section 4a of day prior to the effective date thereof, appropriate notice and an opportunity the Act, price distortion, or disruption except in the event of an emergency for a hearing, by issuing an Order of delivery or the cash settlement market situation, copies of, or Revoking Registration which sets forth process, and hyperlinks to, all rules, rule the reasons therefor. (4) Any other area of interest amendments, circulars and other notices (3) A foreign board of trade whose expressed by the Commission to the published by the foreign board of trade registration has been revoked for failure foreign board of trade or its regulatory with respect to all linked contracts. to satisfy a registration requirement or authority; (v) The foreign board of trade will condition of registration may apply for (D) Provide information to the provide to Commission staff copies of re-registration 360 days after the Commission regarding large trader all Disciplinary Notices involving the issuance of the Order Revoking positions in the linked contract that is foreign board of trade’s linked contracts Registration if the deficiency causing comparable to the large trader position upon closure of the action. Such Notices the revocation has been cured or information collected by the should include the reason the action relevant facts and circumstances have Commission for the contract to which it was undertaken, the results of the changed. is linked; and investigation that led to the disciplinary (b) Other Events that Could Result in (E) Provide the Commission such action, and any sanctions imposed. Revocation. Revocation under these information as is necessary to publish (vi) In the event that the Commission, circumstances would not necessarily reports on aggregate trader positions for pursuant to its emergency powers follow the procedures delineated above, the linked contract that are comparable authority, directs that the United States but will be handled by the Commission to such reports on aggregate trader registered entity which lists the contract as relevant facts or circumstances positions for the contract to which it is to which the foreign board of trade’s warrant. linked, and contract is linked take emergency action (1) The Commission may revoke a (iii) If the Commission establishes with respect to a linked contract (for foreign board of trade’s registration, speculative position limits (including example, to cease trading in the after appropriate notice and an related hedge exemption provisions) on contract), the foreign board of trade, opportunity for a hearing, if the the aggregate number or amount of subject to information-sharing Commission determines that a positions in a contract traded on a arrangements between the Commission representation made in the application United States registered entity and the and its regulatory authority, agrees to for registration is found to be untrue or registered foreign board of trade lists a promptly take similar action with materially misleading. contract that is linked to the contract respect to its linked contract. (2) The Commission may revoke a listed for trading on the registered foreign board of trade’s registration, entity, the foreign board of trade (or its § 48.9 Revocation of registration. after appropriate notice and an regulatory authority) must adopt (a) Failure to Satisfy Registration opportunity for a hearing, if there is a position limits (including related hedge Requirements or Conditions: Upon material change in the regulatory regime exemption provisions) for the linked request by the Commission, a registered applicable to the foreign board of trade contract as determined by the foreign board of trade shall file with the or clearing organization. Commission. Commission a written demonstration, (3) The Commission may revoke a (2) Other Conditions on Linked containing such supporting data, foreign board of trade’s registration in Contracts: information, and documents, in such the event of an emergency or in a (i) The foreign board of trade will form and manner and within such circumstance where the Commission inform the Commission in a quarterly timeframe as the Commission may determines that revocation would be report of any member that had positions specify, that the foreign board of trade necessary or appropriate in the public in a linked contract above the applicable or clearing organization is in interest. Following revocation, the foreign board of trade position limit, compliance with the registration Commission will provide an whether a hedge exemption was requirements or conditions for opportunity for a hearing. granted, and if not, whether a registration. (4) The Commission may revoke a disciplinary action was taken. (1) If the Commission determines that foreign board of trade’s registration in (ii) The foreign board of trade will a registered foreign board of trade (or the event the foreign board of trade or provide Commission staff, either the clearing organization) has failed to the clearing organization is no longer directly or through its agent, with trade satisfy any of the registration authorized, licensed or registered, as execution and audit trail data for the requirements or conditions for applicable, as a regulated market and/or Commission’s Trade Surveillance registration, the Commission shall exchange or clearing organization or System on a trade-date plus one basis notify the foreign board of trade of such ceases to operate as a foreign board of and in a form, content and manner determination and afford the foreign trade or clearing organization. acceptable to the Commission for all board of trade an opportunity to make linked contracts. appropriate changes to bring the foreign § 48.10 Additional contracts. (iii) The foreign board of trade and the board of trade into compliance with the (a) Generally. Registered foreign clearing organization will permit and registration requirements or conditions boards of trade that wish to list cooperate with Commission on-site for registration. additional futures and option and swaps visits for the purpose of overseeing the (2) If, not later than 30 days after contracts for trading by direct access to foreign board of trade’s ongoing receiving a notification under the foreign board of trades’ electronic compliance with registration subsection (1) of this paragraph, the trading and order matching systems requirements and conditions of foreign board of trade fails to make from the United States must submit a registration. The Commission will changes that, in the opinion of the written request prior to offering the provide notice to the foreign board of Commission are necessary to comply contracts from within the United States. trade’s regulatory authority of any with the registration requirements or Such a written request must include the requests for an on-site visit. conditions for registration, the terms and conditions of the additional

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futures and option and swaps contracts Appendix—Part 48—Contents of (b) Membership Criteria. that the foreign board of trade wishes to Application (1) A description of requirements for make available and a certification that membership and participation on the trading I. General Information and Documentation or clearing system, as applicable, and the the additional contracts meet the (a) General Information. A description of manner in which members and other requirements of section 48.7(c) of this the following for the foreign board of trade participants must demonstrate their part and the foreign board of trade and and clearing organization: Location; history, compliance with these requirements. the clearing organization continue to size; ownership and corporate structure; (2) Professional Standards. A description of satisfy the conditions of registration. governance and committee structure; current the professional requirements, qualifications, The foreign board of trade can make or anticipated presence of staff in the United and/or competencies required of members or other participants and/or their staff. available for trading the additional States; and anticipated volume of business emanating from members and other (c) Financial Integrity. contracts ten business days after the participants that will be provided direct (1) A description of the manner in which date of receipt by the Commission of the access to the foreign board of trade’s trading the foreign board of trade and the clearing written request, unless the Commission system and the percentage of that volume organization evaluate the financial resources notifies the foreign board of trade that compared to the foreign board of trade’s total holdings of its members or participants, additional time is needed to complete volume. including any financial requirements, its review of policy or other issues (b) Initial Documentation. The following standards, guides, or thresholds used to qualify members and other participants. pertinent to the additional contracts. A documents for the foreign board of trade and clearing organization: (2) Describe the process by which registered foreign board of trade may list (1) Articles of association, constitution, or applicants demonstrate compliance with for trading an additional futures other similar organizational documents; financial requirements for membership contract on a non-narrow-based security (2) Membership and trading participant participation including: index pursuant to the procedures set agreements; (i) Working capital and collateral forth in Appendix D to part 30 of this (3) Clearing agreements; requirements, chapter. (4) Terms and conditions of contracts to be (ii) Risk management mechanisms for available from within the United States members allowing customers to place orders. (b) Option contracts on previously pursuant to the specified conditions of (d) Authorization, Licensure or approved futures contracts. registration; Registration Requirements. Describe any (1) If the option is on a futures (5) The national statutes, laws and regulatory and self-regulatory authorization, regulations governing the activities of the licensure or registration requirements that contract that is not a linked contract, the foreign board of trade and clearing the foreign board of trade and the clearing option contract may be made available organization and their respective organization impose upon its members and for trading by direct access by filing participants; other participants including, but not limited with the Commission no later than the (6) The current rules, regulations, to any authorization, licensure or registration business day preceding the initial listing guidelines and bylaws of the foreign board of requirements imposed by the regulatory of the contract: trade or clearing organization; authorities in the home country (7) Evidence of the authorization, licensure jurisdiction(s) of the foreign board of trade (i) A copy of the terms and conditions or registration of the foreign board of trade and clearing organization. Describe the of the additional contract and and clearing organization pursuant to the process by which the foreign board of trade (ii) A certification that the foreign regulatory regime in their home country and the clearing organization, as applicable, jurisdiction and a representation by their confirm compliance with those requirements. board of trade and the clearing respective regulators that they are in good (e) Fit and Proper. Describe how the organization continue to satisfy the regulatory standing in the capacity in which foreign board of trade and clearing conditions of its registration. they are authorized, licensed or registered; organization ensure that potential members/ (2) If the option is on a futures (8) A summary of any disciplinary or other participants meet fit and proper contract that is a linked contract, the enforcement actions or proceedings that have standards. been brought against the foreign board of (f) Qualifications for Board and/or option contract may be made available trade and clearing organization, or the senior Committee Membership. Describe the for trading by direct access by filing officers thereof, in the past five years and the requirements applicable to membership on with the Commission no later than the resolution of those actions or proceedings; the governing board and significant business day preceding the initial listing (9) An undertaking by the chief compliance committees of the foreign board of trade and of the contract: officer(s) (or functional equivalent[s]) of the clearing organization, and describe how the foreign board of trade and the clearing foreign board of trade and clearing (i) A copy of the terms and conditions organization to notify Commission staff organization ensure that potential governing of the additional contract and promptly if any of the representations made board and committee members/other (ii) A certification that the foreign in connection with or related to the foreign participants meet these standards. board of trade and the clearing board of trade’s application for registration (g) Conflict of Interest Provisions. Describe cease to be true or correct, or become the provisions to minimize and resolve organization continue to satisfy the incomplete or misleading. conflicts of interest with respect to conditions of its registration, including membership on the governing board and the conditions specifically applicable to II. Membership Criteria significant committees of the foreign board of linked contracts set forth in section The following for the foreign board of trade trade and the clearing organization. 48.8(c) of this part. and the clearing organization: (h) Disclosure of Information. Describe the (a) Membership or Participant Categories rules with respect to the disclosure of (3) If the option is on a non-narrow- and Access. material non-public information obtained as based security index futures contract A description of the categories of a result of a member’s or other participant’s which may be offered or sold in the membership and participation in the foreign performance on the governing board or United States pursuant to a no-action board of trade or clearing organization and significant committee. the access, trading and clearing privileges letter issued by the Commission’s Office III. The Automated Trading System of the General Counsel, the option provided by the board of trade or clearing organization, as applicable. The description (a) A description of the following: contract may be listed for trading by should include any restrictions thereto for all (1) the order matching/execution system, direct access without further action by entities to which the foreign board of trade including a complete description of all either the registered foreign board of intends to grant direct access to its trading permitted ways in which members or other trade or the Commission. system. participants (or their customers) may connect

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to the trade matching/execution system and (10) Predominance of the Centralized access, describe each investigation, action, the related requirements (for example, Market. Mechanisms are available that ensure proceeding or case involving manipulation authorization agreements, technical a competitive, open and efficient market and and involving a contract traded on the compliance verifications, identification of mechanism for executing transactions. foreign board of trade in the three years order routing systems and/or users, preceding the application date, whether IV. The Terms and Conditions of Contracts (2) the architecture of the systems, initiated by the foreign board of trade, a Proposed To Be Made Available in the including hardware and distribution regulatory or self-regulatory authority or United States network, as well as any pre-trade risk- agency or another government or management controls that are made available (a) Provide the terms and conditions of prosecutorial agency. For each such action, to system users, futures, option and swaps contracts intended proceeding or case, describe the alleged (3) the security features of the systems, to be made available for direct access. manipulative activity and the current status (4) the length of time such systems have (b) Demonstrate that contracts are not re resolution thereof. been operating, prohibited from being traded by United (5) any significant system failures or States persons. V. Settlement and Clearing interruptions, (c) Demonstrate that contracts are cleared. (a) Clearing System. A description of the (6) the nature of any technical review of (d) Identify any contracts that are linked to clearing organization’s clearing and the order matching/execution system a contract listed for trading on a United settlement systems. performed by the home country regulator, States-registered entity, for example, a (b) Certification. A certification, signed by (7) provide a copy of any order or contract that settles against any price the chief executive officer (or functional certification or self-certification received and (including the daily or final settlement price) equivalent) of the clearing organization, that any discrepancies between the standard of of one or more contracts listed for trading on the clearing system complies with the current review and the Principles for the Oversight a United States-registered entity. Recommendations for Central Counterparties of Screen-Based Trading Systems for (e) Identify any contracts that share any that have been issued jointly by the Derivative Products developed by the other commonality with a contract listed for Committee on Payment and Settlement Technical Committee of the International trading on a United States-registered entity, Systems and the Technical Committee of the Organization of Securities Commissions, for example, both the foreign board of trade’s International Organization of Securities (8) trading hours, and the United States-registered entity’s Commissions, as updated, revised or (9) types and duration of orders accepted, contract settle to the price of the same third otherwise amended, or successive standards, (10) information that must be included on party-constructed index. principles and guidance for central orders, (f) Demonstrate that the contracts are not counterparties or financial market (11) trade confirmation and trade error readily susceptible to manipulation, as infrastructures adopted jointly by the procedures, follows: (12) anonymity of participants, Committee on Payment and Settlement (1) Generally. For contracts other than (13) trading system connectivity with Systems or the International Organization of broad-based stock indexes, provide the clearing system, Securities Commissions. information required in Appendix A to Part (14) response time, (c) RCCP Compliance. A detailed 40 (Guideline No. 1) with regard to (15) ability to determine depth of market, description of the manner in which the manipulation. (16) market continuity provisions, clearing organization complies with each of (17) reporting and recordkeeping (i) For delivered contracts: a demonstration the Recommendations for Central requirements, and that the terms and conditions of the contract Counterparties that have been issued jointly (18) error trade policies. will result in a deliverable supply so that the by the Committee on Payment and (b) A description of the manner in which contract will not be conducive to price Settlement Systems and the Technical the foreign board of trade assures the manipulation or distortion and that the Committee of the International Organization following with respect to the trading system: deliverable supply reasonably can be of Securities Commissions, as updated, (1) Algorithm. The trade matching expected to be available to short traders and revised or amended, (or successive standards, algorithm matches trades fairly and timely. salable by long traders at its market value in principles and guidance for central (2) IOSCO Principles. The trading system’s normal cash marketing channels. counterparties or financial infrastructures compliance with the Principles for the (ii) For cash-settled contracts: a adopted jointly by the Committee on Oversight of Screen-Based Trading Systems demonstration that cash settlement Payment and Settlement Systems or the for Derivative Products developed by the mechanism of the contract is at a price International Organization of Securities Technical Committee of the International reflecting the underlying cash market (or the Commissions) and documentation supporting Organization of Securities Commissions. level or index if there is no underlying cash the representations made, including any (3) Audit Trail. market), will not be readily subject to relevant rules or written policies or (i) The audit trail captures all relevant data, manipulation or distortion, and is reliable, procedures of the clearing organization. acceptable, publicly available and timely. including changes to orders. VI. The Regulatory Regime Governing the (ii) Audit trail data is securely maintained (iii) To deter and detect abusive or disruptive trading behavior that could result Foreign Board of Trade and Clearing and available for an adequate time period. Organization in Their Home Countries (4) Public Data. Trade data is available to in price distortions: A demonstration that the users and the public. foreign board of trade has rules and Provide information or documentation (5) Reliability. The trading system has mechanisms, for example, position limits, necessary to demonstrate that the foreign demonstrated reliability. restrictions on size and pricing of block board of trade and its clearing organization (6) Secure Access. Access to the trading trades, restrictions on market on close or are subject to comprehensive supervision and system is secure and protected. trade at settlement orders during the daily regulation by the appropriate governmental (7) Emergency Provisions. There are close and settlement, and prohibitions on, authorities in their home countries that is adequate provisions for emergency and the capacity to detect, ‘‘marking’’ of the comparable to the comprehensive operations and disaster recovery. trading close or important economic supervision and regulation to which (8) Data Loss Prevention. Trading data is announcements. designated contract markets, derivatives backed up to prevent loss of data. (2) Broad-Based Stock Indexes. For non- clearing organizations and market (9) Contracts Available. Mechanisms are narrow based stock index futures contracts, participants are subject in the United States. available to ensure that only those futures provide the information required in The information and documentation and option contracts or swaps that have been Appendix D to Part 30 of this chapter. A no- provided must be sufficient to demonstrate identified to the Commission as part of the action letter from the Commission’s Office of that the foreign board of trade and clearing application or permitted to be made available General Counsel is required to offer futures organization are subject to an established for trading by direct access pursuant to the contracts on non-narrow-based stock index regulatory regime that is based upon procedures set forth in section 48.10 of this futures contracts to United States citizens. regulatory objectives equivalent (not part are made available for trading on (3) Manipulation Cases. With respect to necessarily identical) to those applicable to connections in the United States. contracts to be listed for trading by direct designated contract markets and derivatives

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clearing organizations in the United States govern the authorization and ongoing (a) Describe the regulatory or compliance and that provides basic protections for supervision and oversight of market department, to include size, experience level, customers trading on markets and for the intermediaries who may deal with United competencies, duties and responsibilities. integrity of the markets themselves: States participants accessing the foreign (b) Describe the foreign board of trade’s (a) Regulatory Authority. board of trade, including: trade practice rules. Include in the (1) Structure, function and powers. (i) Recordkeeping requirements, description the following: Describe the regulatory authority’s structure, (ii) The protection of customer funds, and (1) Capacity of the foreign board of trade. resources, staff and scope of authority; the (iii) Procedures for dealing with the failure Does the foreign board of trade have the regulator’s authorizing statutes, including the of a market intermediary in order to capacity to detect, investigate, and sanction source of its authority to supervise the minimize damage and loss to investors and persons who violate foreign board of trade foreign board of trade and the clearing to contain systemic risk. rules? organization; the rules and policy statements (4) Enforcement. Describe the regulatory (2) Abusive Trading Practices Prohibited. issued by the regulator with respect to the authority’s inspection, investigation and Does the foreign board of trade implement authorization and continuing oversight of surveillance powers; and the program and enforce rules that prohibit abusive markets, electronic trading systems and pursuant to which the regulatory authority trading practices (for example, wash sales or clearing organizations and the financial uses those powers to inspect, investigate, and trading ahead) and other market abuses, protections afforded customer funds. Provide enforce rules applicable to the foreign board including the ability to detect and deter copies of recent public reports disclosing the of trade and the clearing organization. insider trading? regulator’s oversight and enforcement (b) Demonstration of Continuing (3) Trade Surveillance System. Does the activities which are, in the judgment of the Regulatory ‘‘Good Standing.’’ foreign board of trade maintain a trade regulator, relevant to the FBOT’s status as a The regulatory authorities governing the practice surveillance system appropriate to registered FBOT. activities of the foreign board of trade and the foreign board of trade capable of (2) Authorization and continuing oversight clearing organization must submit a report detecting and investigating potential trade of the foreign board of trade and clearing confirming that the foreign board of trade and practice violations? organization. Describe and provide copies clearing organization are in regulatory good (4) Trade Practice/Audit Trail. Does the (with, as applicable, English translations) of standing. The report should include: foreign board of trades’ audit trail capture the laws, rules, regulations and policies (1) Confirmation of regulatory status and retain sufficient order and trade-related applicable to the authorization, licensure or (including proper authorization, licensure data to allow their compliance staffs to detect registration of the foreign board of trade and and registration) of the foreign board of trade trading and market abuses and to reconstruct clearing organization and the continuing and clearing organization; all transactions within a reasonable period of oversight thereof; the regulatory authority’s (2) Any recent oversight reports generated time? program for the ongoing supervision and (5) Real-time Market Monitoring. Does the oversight of the foreign board of trade and by the regulatory authority which are, in the foreign board of trade maintain appropriate clearing organization and the enforcement of judgment of the regulatory authority, relevant resources to conduct real-time supervision of their respective trading and clearing rules; to the FBOT’s status as a registered FBOT; trading? the financial resources requirements (3) Disclosure of any significant regulatory (6) Compliance Staff and Resources. Does applicable to the authorization, licensure or concerns, inquiries or investigations by the the foreign board of trade have sufficient registration of the foreign board of trade and regulatory authority, including any concerns, compliance staff and resources, including clearing organization and the continued inquiries or investigations with regard to the operations thereof; the extent to which the foreign board of trade’s arrangements to those outsourced or delegated to third Principles for the Oversight of Screen-Based monitor trading by members or other parties, to fulfill their regulatory Trading Systems for Derivative Products participants located in the United States, the responsibilities? developed by the Technical Committee of the adequacy of the risk management controls of (7) Ability to Obtain Information. Do the International Organization of Securities the trading or of the clearing system; and foreign board of trade’s rules authorize Commissions and the current (4) A description of any investigations compliance staff to obtain, from market Recommendations for Central Counterparties (formal or informal) or disciplinary actions participants, any information and that have been issued jointly by the initiated by the regulatory authority or any cooperation necessary to conduct effective Committee on Payment and Settlement other self-regulatory, regulatory or rule enforcement and investigations? Systems and the Technical Committee of the governmental entity against the foreign board (8) Investigations and Investigation International Organization of Securities of trade, the clearing organization or any of Reports. Does the foreign board of trade’s Commissions, as updated, revised or their respective senior officers during the compliance staff investigate suspected rule amended, or successive standards, principles past year. violations and prepare reports of their and guidance for central counterparties or (c) Staff Visits with Regulatory Authorities. finding and recommendations? financial market infrastructures adopted The regulatory authorities governing the (9) Access Requirements. Does the foreign jointly by the Committee on Payment and activities of the foreign board of trade and the board of trade implement and enforce rules Settlement Systems or the International clearing organization must agree to cooperate relating to the persons that may trade on the Organization of Securities Commissions are with a Commission staff visit subsequent to foreign board of trade, and the means by used or applied by the regulatory authority the application period on an ‘‘as needed which they connect to it? in its supervision and oversight of the foreign basis,’’ the objective of which will be to (10) Jurisdiction. Does the foreign board of board of trade or clearing organization or are familiarize Commission staff with oversight trade require market participants to submit to incorporated into its rules and regulations supervisory staff of the regulatory authority; the foreign board of trade’s jurisdiction as a and the extent to which the regulatory discuss any changes to the law, rules and condition of access to the market? authorities review the applicable trading and regulations that formed the basis of the (c) Describe the foreign board of trade’s clearing systems for compliance therewith; application; discuss the cooperation and and, if appropriate, the clearing the extent to which the regulatory authority coordination between the authorities, organization’s disciplinary rules, addressing reviews and/or approves the trading and including, without limitation, information the following: clearing rules of the foreign board of trade or sharing arrangements; and discuss issues of (1) Disciplinary Authority and Procedures. clearing organization prior to their concern as they may develop from time to Do the foreign board of trade and, the implementation; the extent to which the time (for example, linked contracts, unusual clearing organization, have and enforce regulatory authority reviews and/or approves trading that may be of concern to disciplinary procedures that empower staff to exchange contracts prior to their being listed Commission surveillance staff). recommend and prosecute disciplinary for trading; and the regulatory authority’s actions for suspected rule violations? Do the approach to the detection and deterrence of VII. The Rules of the Foreign Board of Trade procedures include the authority to fine, market manipulation and other unfair trading and Its Clearing Organization and suspend, or expel any market participant practices. Enforcement Thereof pursuant to fair and clear standards? (3) Intermediary Oversight. Describe the With respect to the foreign board of trade (2) Warning Letters and Summary Actions. laws, rules, regulations and policies that and the clearing organization, as applicable: Do the foreign board of trade and the clearing

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organization authorize staff to issue warning VIII. Information Sharing Agreements Commission of the reasons why the letters and/or summary fines for specified Among the Commission, the Foreign Board document has not been signed (for example, rule violations? of Trade, the Clearing Organization and in the process of applying, application is (3) Review of Investigation Reports. Do the Relevant Regulatory Authorities under consideration by the International compliance staffs of the foreign board of With respect to the foreign board of trade, Organization of Securities Commissions trade and the clearing organization present the clearing organization, and their Multilateral Memorandum of Understanding Screening Group) and supply any additional their findings to a disciplinary panel or other respective regulatory authorities: information requested by the Commission. authority for issuance of charges, instruction (a) Describe the arrangements among the Commission, the foreign board of trade, the The Commission will determine, on a case- to investigate further, or finding that clearing organization and the relevant foreign by-case basis, whether any interim insufficient basis exists to issue charges? regulatory authorities that govern the sharing information sharing arrangement will be (4) Disciplinary Committees. Do the foreign of information regarding the transactions that acceptable. board of trade and the clearing organization are executed pursuant to the foreign board of (c) Declaration on Cooperation and take disciplinary action via disciplinary trade’s registration and the clearing and Supervision of International Futures committees and formal disciplinary settlement of those transactions. This Exchanges and Clearing Organizations (Boca processes unless the violation is subject to discussion should include: Declaration). The regulatory authorities foreign board of trade staff’s summary fining (1) The foreign board of trade, clearing governing the activities of and providing authority? organization and the regulatory authorities supervision and oversight of the foreign governing the activities of the foreign board (5) Disciplinary Decisions. Do the foreign board of trade and clearing organization must of trade and clearing organization commit, in board of trade, clearing organization or their sign the Declaration on Cooperation and writing to provide immediately and directly Supervision of International Futures regulatory authorities articulate the rationale to the Commission information and Exchanges and Clearing Organizations or for their decisions? documentation requested by Commission otherwise commit to share the types of (6) Adequacy of Sanctions. Are the staff that Commission staff determines is information contemplated by the sanctions commensurate with the violations needed: International Information Sharing committed and do they serve as effective (i) To evaluate the continued eligibility of Memorandum of Understanding and deterrents to future violations? the foreign board of trade for registration, Agreement with the Commission pursuant to (ii) To enforce compliance with the (d) Describe Market Surveillance rules, an existing memorandum of understanding specified conditions of the registration, or other arrangement with the Commission. addressing the following: (iii) To enable the Commission to carry out Does the foreign board of trade have a its duties under the Act and Commission Issued in Washington, DC, November 10, dedicated market surveillance department or regulations and to provide adequate 2010, by the Commission. effective delegation or outsourcing of that protection to the public or registered entities, David A. Stawick, function? If so, provide a general description (iv) To respond to potential market abuse Secretary of the Commission. of the staff, the data collected on traders’ associated with trading by direct access on market activity, data collected to determine the registered foreign board of trade, and Statement of Chairman Gary Gensler whether prices are responding to supply and (v) Where Commission staff, in its discretion, determines that a contract traded Notice of Proposed Rulemaking— demand, data on the size and ownership of Registration of Foreign Boards of Trade deliverable supplies, a description of the on a registered foreign board of trade may affect the Commission’s ability to carry out manner in which the foreign board of trade I support the proposed rulemaking to surveillance with respect to a United States- implement a registration system for Foreign detects and deters market manipulation, for registered entity. Boards of Trade (FBOTs) seeking to offer cash-settled contracts, methods of monitoring (2) Exchange International MOU. The market participants in the United States the settlement price or value, and any foreign foreign board of trade must execute, or direct access to the FBOTs’ trading systems. board of trade large-trader or other position commit to execute, the International This registration system replaces the agency’s reporting system. Information Sharing Memorandum of current practice of issuing no-action letters to (e) Describe the Clearing Organization Understanding and Agreement. such FBOTs. Importantly, this will bring rules, addressing the following: (b) Regulatory Authority and the IOSCO consistency and transparency to the Does the clearing organization maintain MOU. The regulatory authorities governing Commission’s oversight of such entities. rules that require that the clearing the activities of and providing supervision Today’s proposal also provides that FBOTs organization comply with the and oversight of the foreign board of trade subject to comparable, comprehensive and clearing organization must be signatories Recommendations for Central Counterparties supervision and regulation in their home to the International Organization of that have been issued jointly by the country and that meet conditions outlined in Securities Commissions Multilateral the proposal would be allowed to make Committee on Payment and Settlement Memorandum of Understanding. If the Systems and the Technical Committee of the available swaps contracts through direct regulator is not a signatory to the access to U.S. market participants. International Organization of Securities International Organization of Securities Commissions (or successive standards) and, Commissions Multilateral Memorandum of [FR Doc. 2010–29023 Filed 11–18–10; 8:45 am] if so, provide copies of the rules. Understanding, the regulator must inform the BILLING CODE P

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Part III

The President Proclamation 8600—National Entrepreneurship Week, 2010 Proclamation 8601—America Recycles Day, 2010

71001

Federal Register Presidential Documents Vol. 75, No. 223

Friday, November 19, 2010

Title 3— Proclamation 8600 of November 15, 2010

The President National Entrepreneurship Week, 2010

By the President of the United States of America

A Proclamation Entrepreneurs embody the promise that lies at the heart of America—that if you have a good idea and work hard enough, the American dream is within your reach. During National Entrepreneurship Week, we renew our commitment to supporting the entrepreneurs who power the engine of our Nation’s economy. These intrepid individuals translate their vision into products and services that keep America strong and competitive on a global scale, and build opportunity and prosperity across our country. As we emerge from a historic economic recession, my Administration has taken decisive action to accelerate growth and remove barriers for entre- preneurs and small business owners to grow, hire, and prosper. At a time when small business lending standards had tightened considerably, the Amer- ican Recovery and Reinvestment Act helped the Small Business Administra- tion (SBA) work with lenders to provide critical SBA loans. These loans assisted thousands of entrepreneurs in starting new businesses, employing workers, and jumpstarting our economy. I was also proud to sign the Small Business Jobs Act of 2010, the most important investment in small businesses in more than a decade. This legislation will make it easier for them to expand and hire, creating tax breaks and accelerating more than $55 billion in tax relief for entrepreneurs and small business owners by the end of 2011. To harness the ingenuity of the American people, my Administration has developed a national innovation strategy, which emphasizes entrepreneurship as a catalyst for new industries, new businesses, and new jobs. This strategy focuses on key investments to foster American innovation, improving edu- cation, building a 21st-century infrastructure, and bolstering our ability to conduct cutting-edge research. It also seeks to promote and facilitate competi- tive markets for entrepreneurs, and to support breakthroughs in areas of national priority—including alternative energy, health care technology, and advanced vehicle technologies. In addition, the new National Advisory Coun- cil on Innovation and Entrepreneurship is collecting input from across the United States to recommend policies that will bolster our economic growth and lead to sustainable, well-paying American jobs. I encourage aspiring entrepreneurs and other Americans interested in promoting innovation to visit www.SBA.gov for resources and information. All Americans can play a role in increasing the prevalence and success of new start-ups. Business leaders can mentor a budding entrepreneur who has an original idea and the will to execute, but could benefit from the guidance of an experienced owner or operator. Philanthropists can expand entrepreneurship education for ambitious students at underserved schools and community colleges. Universities can accelerate the transition of sci- entific breakthroughs from the lab to the marketplace. Together, we can help millions of entrepreneurs create the industries and jobs of the 21st century and solve some of the toughest challenges we face as a Nation. 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 November 14 through 71002 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Presidential Documents

November 20, 2010, as National Entrepreneurship Week. I call upon all Americans to commemorate this week with appropriate programs and activi- ties, and to celebrate November 19, 2010, as National Entrepreneurs’ Day. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of November, in the year of our Lord two thousand ten, and of the Independ- ence of the United States of America the two hundred and thirty-fifth.

[FR Doc. 2010–29453 Filed 11–18–10; 11:15 am] Billing code 3195–W1–P Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Presidential Documents 71003 Presidential Documents

Proclamation 8601 of November 15, 2010

America Recycles Day, 2010

By the President of the United States of America

A Proclamation Each small act of conservation, when combined with other innumerable deeds across the country, can have an enormous impact on the health of our environment. On America Recycles Day, we celebrate the individuals, communities, local governments, and businesses that work together to recycle waste and develop innovative ways to manage our resources more sustainably. Americans already take many steps to protect our planet, participating in curbside recycling and community composting programs, and expanding their use of recyclable and recycled materials. Recycling not only preserves our environment by conserving precious resources and reducing our carbon footprint, but it also contributes to job creation and economic development. This billion-dollar industry employs thousands of workers nationwide, and evolving our recycling practices can help create green jobs, support a vibrant American recycling and refurbishing industry, and advance our clean energy economy. While we can celebrate the breadth of our successes on America Recycles Day, we must also recommit to building upon this progress and to drawing attention to further developments, including the recycling of electronic prod- ucts. The increased use of electronics and technology in our homes and society brings the challenge of protecting human health and the environment from potentially harmful effects of the improper handling and disposal of these products. Currently, most discarded consumer electronics end up in our landfills or are exported abroad, creating potential health and environ- mental hazards and representing a lost opportunity to recover valuable re- sources such as rare earth minerals. To address the problems caused by electronic waste, American businesses, government, and individuals must work together to manage these electronics throughout the product lifecycle—from design and manufacturing through their use and eventual recycling, recovery, and disposal. To ensure the Federal Government leads as a responsible consumer, my Administration has established an interagency task force to prepare a national strategy for responsible electronics stewardship, including improvements to Federal procedures for managing electronic products. This strategy must also include steps to ensure electronics containing hazardous materials collected for recy- cling and disposal are not exported to developing nations that lack the capacity to manage the recovery and disposal of these products in ways that safeguard human health and the environment. On America Recycles Day, let us respond to our collective responsibility as a people and a Nation to be better stewards of our global environment, and to pass down a planet to future generations that is better than we found it. 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 November 15, 2010, as America Recycles Day. I call upon the people of the United States to 71004 Federal Register / Vol. 75, No. 223 / Friday, November 19, 2010 / Presidential Documents

observe this day with appropriate programs and activities, and I encourage all Americans to continue their recycling efforts throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of November, in the year of our Lord two thousand ten, and of the Independ- ence of the United States of America the two hundred and thirty-fifth.

[FR Doc. 2010–29455 Filed 11–18–10; 11:15 am] Billing code 3195–W1–P i

Reader Aids Federal Register Vol. 75, No. 223 Friday, November 19, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. Presidential Documents 1 CFR No. 2010-15 of Executive orders and proclamations 741–6000 September 10, 2010 301...... 68941 The United States Government Manual 741–6000 (correction) ...... 68411 3 CFR No. 2010-16 of Other Services September 15, Electronic and on-line services (voice) 741–6020 Proclamations: 2010 ...... 67019 Privacy Act Compilation 741–6064 8590...... 67897 No. 2010-16 of Public Laws Update Service (numbers, dates, etc.) 741–6043 8591...... 67899 September 15, 2010 TTY for the deaf-and-hard-of-hearing 741–6086 8592...... 67901 (correction) ...... 68413 8593...... 67903 8594...... 67905 5 CFR ELECTRONIC RESEARCH 8595...... 67907 302...... 67589 World Wide Web 8596...... 68153 330...... 67589 Full text of the daily Federal Register, CFR and other publications 8597...... 68167 335...... 67589 is located at: http://www.gpoaccess.gov/nara/index.html 8598...... 69329 337...... 67589 Federal Register information and research tools, including Public 8599...... 69571 410...... 67589 Inspection List, indexes, and links to GPO Access are located at: 8600...... 71001 1601...... 68169 http://www.archives.gov/federallregister 8601...... 71003 Proposed Rules: E-mail Executive Orders: 532...... 70616 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13481 (revoked by 630...... 70845 an open e-mail service that provides subscribers with a digital 13557) ...... 68679 731...... 68222 form of the Federal Register Table of Contents. The digital form 13556...... 68675 1206...... 70617 of the Federal Register Table of Contents includes HTML and 13557...... 68679 1600...... 69026 PDF links to the full text of each document. 13558...... 69573 1604...... 69026 1651...... 69026 To join or leave, go to http://listserv.access.gpo.gov and select Administrative Orders: 1690...... 69026 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandums: (or change settings); then follow the instructions. Memorandum of 6 CFR September 20, PENS (Public Law Electronic Notification Service) is an e-mail 5...... 67909 service that notifies subscribers of recently enacted laws. 2010 ...... 67023 Memorandum of Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html September 23, 5...... 69603, 69604 and select Join or leave the list (or change settings); then follow 2010 ...... 67025 the instructions. 7 CFR Memorandum of May FEDREGTOC-L and PENS are mailing lists only. We cannot 7, 2008 (revoked by 301...... 68942, 70811 respond to specific inquiries. EO 13556)...... 68675 319...... 68945 Reference questions. Send questions and comments about the Notices: 352...... 68945 Federal Register system to: [email protected] Notice of November 1, 360...... 68945 361...... 68945 The Federal Register staff cannot interpret specific documents or 2010 ...... 67587 701...... 70083 regulations. Notice of November 4, 920...... 67605 Reminders. Effective January 1, 2009, the Reminders, including 2010 ...... 68673 983...... 68681 Notice of November Rules Going Into Effect and Comments Due Next Week, no longer 987...... 70571 appear in the Reader Aids section of the Federal Register. This 10, 2010 ...... 69569 993...... 67607 information can be found online at http://www.regulations.gov. Presidential 1215...... 67609 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Determinations: 1221...... 70573 longer appears in the Federal Register. This information can be No. 2010-11 of August 1405...... 70811 found online at http://bookstore.gpo.gov/. 10, 2010 ...... 67011 3430...... 70578 No. 2010-11 of August Proposed Rules: FEDERAL REGISTER PAGES AND DATE, NOVEMBER 10, 2010 205...... 68505 (correction) ...... 68405 457...... 70850 67011–67200...... 1 No. 2010-12 of August 924...... 68510 67201–67588...... 2 26, 2010 ...... 67013 1214...... 68512, 68529 67589–67896...... 3 No. 2010-12 of August 1245...... 68728 67897–68168...... 4 26, 2010 68169–68404...... 5 (correction) ...... 68407 8 CFR 68405–68674...... 8 No. 2010-14 of 103...... 69851 68675–68940...... 9 September 3, 68941–69330...... 10 2010 ...... 67015 9 CFR 69331–69570...... 12 No. 2010-14 of 94...... 69851 69571–69850...... 15 September 3, 2010 310...... 69575 69851–70082...... 16 (correction) ...... 68409 70083–70570...... 17 No. 2010-15 of 10 CFR 70571–70810...... 18 September 10, Proposed Rules: 70811–71004...... 19 2010 ...... 67017 30...... 70618

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40...... 70618 1 ...... 67254, 67642, 70152 207...... 70814 62...... 68975 70...... 70618 3...... 70881 208...... 70814 Proposed Rules: 73...... 67636 4...... 67254 210...... 70814 3...... 70162 170...... 70618 15...... 67258 212...... 70814 171...... 70618 20...... 67258 217...... 70814 39 CFR 431...... 67637,70852 30...... 67642 218...... 70814 20...... 69334 39...... 67277 219...... 70814 111 ...... 68430, 70128, 70132 12 CFR 40...... 67282 220...... 70814 40 CFR 330...... 69577 48...... 70974 227...... 70814 1208...... 68956 140...... 67277 228...... 70814 1...... 69348 1704...... 68956 180...... 67657 229...... 70814 9...... 70583 Proposed Rules: 240...... 68560, 70488 241...... 70814 21...... 69348 226...... 67458 249...... 70488 243...... 70814 52 ...... 67623, 68447, 68989, 612...... 70619 290...... 70814 69002, 69589, 69883, 69884, 19 CFR 615...... 68533 1201...... 70814 69889, 70140 620...... 70619 4...... 69583 1202...... 70814 59...... 69348 630...... 70619 10...... 69583 1203...... 70814 60...... 69348 965...... 68534 1204...... 70814 61...... 69348 20 CFR 966...... 68534 1206...... 70814 62...... 69348 969...... 68534 Proposed Rules: 1207...... 70814 63...... 67625, 69348 987...... 68534 655...... 67662 1208...... 70814 65...... 69348 1270...... 68534 1210...... 70814 81...... 67220 21 CFR 1212...... 70814 86...... 68448 14 CFR 510...... 68972, 69585 1217...... 70814 180 ...... 68214, 69005, 69353, 70143 25 ...... 67201, 69746, 70090, 516...... 69586 1218...... 70814 194...... 70584 70092 520...... 67031, 69585 1219...... 70814 450...... 68215 26...... 69746 878...... 68972, 70112 1220...... 70814 707...... 69348 39 ...... 67611, 67613, 68169, 892...... 68200 1227...... 70814 721...... 70583 68172, 68174, 68177, 68179, Proposed Rules: 1228...... 70814 763...... 69348 68181, 68185, 68682, 68684, 516...... 69614 1229...... 70814 1033...... 68448 68686, 68688, 68690, 69693, 1141...... 69524 1241...... 70814 1039...... 68448 68695, 68698, 69858, 69860, 1308...... 67054 1243...... 70814 1042...... 68448 69861, 69862, 70096, 70098, 1290...... 70814 1045...... 68448 70101, 70102, 70104, 70106, 23 CFR 3020...... 70124 1054...... 68448 70109, 70812 511...... 68418 Proposed Rules: 1065...... 68448 71 ...... 67910, 67911, 68415, 70...... 69617 68416, 68701, 69864 24 CFR 71...... 69617 Proposed Rules: 73...... 68970 905...... 70582 72...... 69617 49...... 69373 52 ...... 68251, 68259, 68265, 95...... 67210 Proposed Rules: 75...... 69617 97...... 69331, 69332 200...... 69363 90...... 69617 68272, 68279, 68285, 68291, 121...... 68189, 69746 207...... 69363 68294, 68570, 69909, 69910, 129...... 69746 31 CFR 70654, 70657, 70888 58...... 69036 Proposed Rules: 26 CFR 510...... 67912 60...... 68296 5...... 68224 54...... 70114 363...... 70814 63...... 67676 25...... 70854 Proposed Rules: 80...... 68044 39 ...... 67253, 67637, 67639, 32 CFR 54...... 70159 81 ...... 67303, 68733, 68736 68245, 68246, 68543, 68548, 239...... 69871 85...... 67059 68728, 68731, 69030, 69606, 27 CFR 706...... 68213 86...... 67059, 68575 69609, 69611, 69612, 70150, 9...... 67616 136...... 70664 70623, 70861, 70863, 70868 33 CFR Proposed Rules: 152...... 68297 61...... 70871 100...... 67214 4 ...... 67663, 67666, 67669 260...... 70664 65...... 68249 117 ...... 68704, 68974, 69878, 5...... 67669 261...... 67919 71 ...... 68551, 68552, 68554, 69879, 70817 7...... 67669 423...... 70664 68555, 68556, 68557, 68558, 165 ...... 67032, 67216, 67618, 430...... 70664 69905 28 CFR 67620, 70126 435...... 70664 119...... 68224 167...... 70818 0...... 69870, 70122 450...... 68305 183...... 70871 Proposed Rules: 721...... 68306, 70665 29 CFR 117...... 69906 15 CFR 1033...... 68575 1635...... 68912 165...... 67673, 69371 1036...... 67059 748...... 67029 1926...... 68429 167...... 68568 1037...... 67059 902...... 68199 2590...... 70114 334...... 69032, 69034 1039...... 68575 4003...... 68203 16 CFR 34 CFR 1042...... 68575 4022...... 69588 1045...... 68575 1...... 68416 4903...... 68203 600...... 67170 1054...... 68575 305...... 67615 Proposed Rules: 668...... 67170 1065...... 67059, 68575 Proposed Rules: 1910...... 69369 682...... 67170 1066...... 67059 437...... 68559 2520...... 70625 685...... 67170 1068...... 67059 1512...... 67043 2590...... 70160 1632...... 67047 37 CFR 41 CFR 30 CFR Proposed Rules: 300-3...... 67629 17 CFR 201...... 70814 1...... 69828 Ch. 301 ...... 67629 240...... 69792 202...... 70814 41...... 69828 301-30...... 67629 242...... 68702 203...... 70814 301-31...... 67629 Proposed Rules: 204...... 70814 38 CFR 302-3...... 67629 Ch. I ...... 67301 206...... 70814 17...... 69881 302-4...... 67629

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302-6...... 67629 Proposed Rules: 79...... 70168 534...... 67059, 68312 303-70...... 67629 67 ...... 67304, 67310, 67317, 535...... 67059, 68312 48 CFR 68738, 68744 571...... 70670 42 CFR 216...... 69360 45 CFR 237...... 67632 409...... 70372 147...... 70114 252...... 67632, 69360 50 CFR 418...... 70372 Proposed Rules: 919...... 69009 17...... 67512, 68719 424...... 70372 147...... 70160 922...... 69009 218...... 69296 447...... 69591 923...... 69009 229...... 68468 482...... 70831 46 CFR 924...... 69009 300...... 68725 484...... 70372 45...... 70595 925...... 69009 485...... 70831 600...... 67247 926...... 69009 622...... 67247 489...... 70372 47 CFR 952...... 69009 635...... 67251 Proposed Rules: 20...... 70604 970...... 68217 5...... 67303 54...... 70149 648...... 69014, 69903 Ch. IV...... 70165 74...... 67227 49 CFR 660...... 67032 433...... 68583 78...... 67227 39...... 68467 665...... 68199, 69015 455...... 69037 Proposed Rules: 225...... 68862 679 ...... 68726, 69016, 69361, 0...... 69374 325...... 67634 69597, 69598, 69599, 69600, 69601, 70614 43 CFR 1 ...... 67060, 69374, 70166 393...... 67634 9...... 67321 571...... 67233 Proposed Rules: 4...... 68704 17...... 70166 Proposed Rules: 17 ...... 67341, 67552, 67676, 20...... 67321 192...... 69912 67925, 69222 44 CFR 54...... 69374 195...... 69912 224...... 70169 64...... 68704 64...... 67333 242...... 69166 648...... 70187, 70192 67 ...... 68710, 68714, 69892 73...... 67077 523...... 67059, 68312 660...... 67810

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Superintendent of Documents, (Oct. 15, 2010; 124 Stat. U.S. Government Printing 3033) LIST OF PUBLIC LAWS Office, Washington, DC 20402 Public Laws Electronic (phone, 202–512–1808). The S. 3196/P.L. 111–283 Notification Service This is a continuing list of text will also be made (PENS) public bills from the current available on the Internet from Pre-Election Presidential session of Congress which GPO Access at http:// Transition Act of 2010 (Oct. have become Federal laws. It www.gpoaccess.gov/plaws/ 15, 2010; 124 Stat. 3045) PENS is a free electronic mail may be used in conjunction index.html. Some laws may notification service of newly with ‘‘P L U S’’ (Public Laws enacted public laws. To not yet be available. S. 3802/P.L. 111–284 Update Service) on 202–741– subscribe, go to http:// 6043. This list is also H.R. 3619/P.L. 111–281 Mount Stevens and Ted listserv.gsa.gov/archives/ available online at http:// publaws-l.html Stevens Icefield Designation www.archives.gov/federal- Coast Guard Authorization Act register/laws.html. of 2010 (Oct. 15, 2010; 124 Act (Oct. 18, 2010; 124 Stat. Note: This service is strictly Stat. 2905) 3050) for E-mail notification of new The text of laws is not laws. The text of laws is not S. 1510/P.L. 111–282 published in the Federal Last List October 18, 2010 available through this service. Register but may be ordered United States Secret Service PENS cannot respond to in ‘‘slip law’’ (individual Uniformed Division specific inquiries sent to this pamphlet) form from the Modernization Act of 2010 address.

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