8–27–10 Friday Vol. 75 No. 166 Aug. 27, 2010

Pages 52607–52856

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Contents Federal Register Vol. 75, No. 166

Friday, August 27, 2010

Agriculture Department Commodity Futures Trading Commission See Animal and Plant Health Inspection Service NOTICES See Forest Service Agency Information Collection Activities; Proposals, Submissions, and Approvals: Establishing Procedures To Implement the Notification Animal and Plant Health Inspection Service Requirements for Entities Operating as Exempt NOTICES Markets, 52731–52732 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Product Safety Commission Importation of Animals and Poultry, Animal and Poultry RULES Products, Certain Animal Embryos, Semen, and Requirements for Accreditation of Third Party Conformity Zoological Animals, 52709–52710 Assessment Bodies: National Animal Health Monitoring System; Sheep 2011 Third Party Testing for Certain Childrens Products; Youth Study, 52711–52712 All-Terrain Vehicles, 52616–52619 National Management Information System, 52710–52711 NOTICES Decision To Issue Permits for Importation of Fresh Mango Meetings; Sunshine Act, 52732 Fruit from Pakistan into Continental United States, 52712–52713 Defense Acquisition Regulations System RULES Army Department Defense Federal Acquisition Regulation Supplements: NOTICES Acquisition of Commercial Items, 52650 Record of Decision for Fort Bliss Army Growth and Force Structure Realignment, 52733–52734 Defense Department See Army Department See Defense Acquisition Regulations System Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Committee Renewals: See Committee for Purchase From People Who Are Blind or Missile Defense Advisory Committee, 52732–52733 Severely Disabled Employment and Training Administration Centers for Medicare & Medicaid Services PROPOSED RULES RULES YouthBuild Program, 52671–52689 Medicare Program: Additional Medicare Durable Medical Equipment, Environmental Protection Agency Prosthetics, Orthotics, and Supplies Supplier PROPOSED RULES Enrollment Safeguards, 52629–52649 Approval and Promulgation of Implementation Plans: NOTICES New Mexico; Interstate Transport of Pollution; Revisions Meetings: to Prevention of Significant Deterioration Medicare Program; Implementation of Section 10332 of Regulations, 52692–52701 Patient Protection and Affordable Care Act, etc., Approvals and Promulgations of Implementation Plans: 52760–52762 State of Missouri, 52701–52708 Supplemental Proposal to Proposed Confidentiality Determinations: Children and Families Administration Data Required Under Mandatory Greenhouse Gas NOTICES Reporting Rule, 52691–52692 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 52753–52754 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Commerce Department Cooling Water Intake Structure Phase II Existing Facilities, 52734–52735 See International Trade Administration Clean Water Act Section 303(d) List Decisions; Availability, See National Oceanic and Atmospheric Administration NOTICES 52735–52736 Meetings: Environmental Impact Statements: Environmental Technologies Trade Advisory Committee, Weekly Receipt, 52736–52737 52716 Meetings: Mobile Sources Technical Review Subcommittee, 52737 Pesticide Product Registrations; Unconditional and Committee for Purchase From People Who Are Blind or Conditional Approvals, 52737–52745 Severely Disabled Proposed Administrative Settlement under CERCLA: NOTICES Crown Vantage Landfill Superfund Site, Alexandria Procurement List; Additions and Deletions, 52723–52731 Township, Hunterdon County, NJ, 52745–52746

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Executive Office of the President Federal Motor Carrier Safety Administration See National Drug Control Policy Office NOTICES See Trade Representative, Office of United States Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 52809–52818

Federal Aviation Administration Federal Trade Commission RULES PROPOSED RULES Special Conditions: Summary of Rights and Notices of Duties Under the Fair Embraer Model ERJ 170–100 SU series airplanes; seats Credit Reporting Act, 52655–52671 with non-traditional, large, non-metallic panels, NOTICES 52614–52616 Privacy Act; Systems of Records, 52749–52751 PROPOSED RULES Airworthiness Directives: Fish and Wildlife Service Airbus Model A300 Series Airplanes, 52652–52654 RULES Proposed Establishment of Class E Airspace: Subsistence Management Regulations for Public Lands in Bamberg, SC, 52654–52655 Alaska NOTICES 2010–11 and 2011–12 Subsistence Taking of Wildlife Agency Information Collection Activities; Proposals, Regulations; etc.; Correction, 52627 Submissions, and Approvals: NOTICES Certification of Airmen for Operation of Light-Sport Environmental Impact Statements; Availability, etc.: Aircraft, 52801 Habitat Conservation Plan for the Beech Ridge Wind Certification; Mechanics, Repairmen, and Parachute Energy Project; Greenbrier and Nicholas Counties; Riggers, 52802 WV, 52778 FAA Safety Briefing Readership Survey, 52801–52802 High Density Traffic Airports; Slot Allocation and Food and Drug Administration Transfer Methods, 52802–52803 RULES Maintenance, Preventative Maintenance, Rebuilding and New Animal Drugs; Changes of Sponsors; Withdrawals of Alteration, 52803 Approvals of New Animal Drug Applications: Physiological Training, 52803–52804 Deslorelin Acetate; Dichlorophene and Toluene Capsules; New Task Assignments: Pyrantel Pamoate Suspension, 52621–52622 Aviation Rulemaking Advisory Committee; Transport NOTICES Airplane and Engine Issues, 52807–52809 Draft Guidance for Industry on Acute Bacterial Skin and Waivers of Aeronautical Land-Use Assurance: Skin Structure Infections: Rickenbacker International Airport, Columbus, OH, 52819 Developing Drugs for Treatment; Availability, 52755– 52756 Federal Communications Commission Meetings: RULES Cardiovascular and Renal Drugs Advisory Committee, Radio Broadcasting Services: 52762–52763 DeBeque, CO, 52649–52650 Public Hearing: NOTICES Development and Distribution of Patient Medication Agency Information Collection Activities; Proposals, Information for Prescription Drugs, 52765–52768 Submissions, and Approvals, 52746–52747 Withdrawals of Approvals of New Animal Drug Applications: Dichlorophene and Toluene Capsules, 52768 Federal Emergency Management Agency NOTICES Forest Service Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals Subsistence Management Regulations for Public Lands in Request for Federal Assistance Form—How To Process Alaska Mission Assignments in Federal Disaster Operations, 2010–11 and 2011–12 Subsistence Taking of Wildlife 52770–52771 Regulations; etc.; Correction, 52627 NOTICES Environmental Impact Statements; Availability, etc.: Federal Highway Administration Nationwide Aerial Application of Fire Retardant on NOTICES National Forest System Lands, 52713–52714 Environmental Impact Statements; Availability, etc.: Meetings: Stanislaus County, CA, 52804 Ashley Resource Advisory Committee, 52715 Funding Availabilities: Southern Arizona Resource Advisory Committee, 52715– Truck Parking Facilities Program; Application Procedure 52716 and Deadlines, 52804–52807 Wrangell-Petersburg Resource Advisory Committee, 52714–52715 Federal Housing Finance Agency Transfer of Land to Forest Service, 52716 RULES Supplemental Standards of Ethical Conduct for Employees Health and Human Services Department of Federal Housing Finance Agency, 52607–52614 See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Agency Information Collection Activities; Proposals, See Food and Drug Administration Submissions, and Approvals, 52747–52749 See National Institutes of Health

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See Substance Abuse and Mental Health Services Land Management Bureau Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Meetings: Desert Sunlight Holdings, LLC Desert Sunlight Solar President’s Council on Fitness, Sports and Nutrition, Farm Project, etc., 52776–52778 52751 Trans-Atlantic Task Force on Antimicrobial Resistance, National Aeronautics and Space Administration 52751–52752 NOTICES Request for Comments on Synthetic Biology, 52752–52753 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52779–52780 Homeland Security Department See Federal Emergency Management Agency National Drug Control Policy Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Designation of Nine Counties as High Intensity Drug Submissions, and Approvals: Trafficking Areas, 52780 Office of Infrastructure Protection Chemical Security Awareness Training Program, 52768–52769 National Institutes of Health Meetings: NOTICES DHS Data Privacy and Integrity Advisory Committee, Agency Information Collection Activities; Proposals, 52769–52770 Submissions, and Approvals: Assessing the Long-Term Impacts of the John E. Fogarty Housing and Urban Development Department International Centers Research and Training PROPOSED RULES Programs, 52754–52755 Multifamily Housing Reform and Affordability Act: Government-Owned Inventions; Availability for Licensing, Projects Eligible for a Restructuring Plan; When 52756–52760 Eligibility is Determined, 52689–52691 Meetings: NOTICES Center for Scientific Review, 52764–52765 Federal Property Suitable as Facilities To Assist the Eunice Kennedy Shriver National Institute of Child Homeless, 52822–52855 Health and Human Development, 52763 Funding Availabilities: National Eye Institute, 52762 Fiscal Year 2010 Indian Community Development Block National Institute of Diabetes and Digestive and Kidney Grant Program for Indian Tribes and Alaska Native Diseases, 52763–52764 Villages, 52771 Neighborhood Stabilization Program Reallocation Process National Oceanic and Atmospheric Administration Changes, 52772–52776 RULES Fisheries of the Northeastern United States: Interior Department Spiny Dogfish Fishery; Commercial Period 1 Quota See Fish and Wildlife Service Harvested; Closure, 52650–52651 See Land Management Bureau NOTICES Meetings: International Trade Administration South Atlantic Fishery Management Council, 52719– NOTICES 52721 Extensions of Preliminary Results of Antidumping Duty Permits: New Shipper Reviews: Marine Mammals; File No. 15471, 52721 Wooden Bedroom Furniture From People’s Republic of Taking and Importing of Marine Mammals, 52722–52723 China, 52716–52717 Extensions of Time Limits for Preliminary Results of Nuclear Regulatory Commission Antidumping Duty New Shipper Reviews: NOTICES Polyethylene Terephthalate Film, Sheet and Strip From Environmental Impact Statements; Availability, etc.: India, 52717 Moore Ranch In-Situ Recovery Project in Campbell Extensions of Time Limits for Preliminary Results of County, WY, 52780–52781 Countervailing Duty New Shipper Reviews: Requests for License Amendments: Polyethylene Terephthalate Film, Sheet and Strip From Virginia Electric and Power Company, North Anna Power India, 52717–52718 Station Unit Nos. 1 and 2, et al., 52781–52786 Final Results of Antidumping Duty Changed Circumstances Withdrawal of Application for Amendment to Renewed Reviews: Facility Operating License: Certain Frozen Warmwater Shrimp From India, 52718– Wolf Creek Nuclear Operating Corporation, 52786 52719 Rescissions of Countervailing Duty New Shipper Reviews: Office of United States Trade Representative Raw Flexible Magnets From People’s Republic of China, See Trade Representative, Office of United States 52721–52722 Postal Regulatory Commission Justice Department NOTICES NOTICES New Postal Product, 52786–52788 Lodging of Settlement Agreement Under CERCLA, 52778– 52779 Securities and Exchange Commission NOTICES Labor Department Self-Regulatory Organizations; Proposed Rule Changes: See Employment and Training Administration Chicago Board Options Exchange, Inc., 52792–52793

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Municipal Securities Rulemaking Board, 52793–52796 Susquehanna River Basin Commission NASDAQ Stock Market LLC, 52790–52792 NOTICES Meetings, 52799–52800 Small Business Administration NOTICES Trade Representative, Office of United States Disaster Declarations: NOTICES Illinois, 52788–52789 Membership of the Performance Review Board, 52801 Missouri, 52788 Texas; Amendment 1, 52789 Texas; Amendment 2, 52788 Transportation Department Texas; Amendment 3, 52789 See Federal Aviation Administration Small Business Size Standards: See Federal Highway Administration Waiver of the Nonmanufacturer Rule, 52789–52790 See Federal Motor Carrier Safety Administration See Surface Transportation Board Social Security Administration RULES Treasury Department Entitlement and Termination Requirements for NOTICES Stepchildren, 52619–52621 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52819–52820 State Department RULES Amendments to International Traffic in Arms Regulations: Veterans Affairs Department Export Exemption for Technical Data, 52625–52626 RULES Removing Requirement for Prior Approval for Certain Disenrollment Procedures, 52627–52628 Proposals to Foreign Persons Relating to Significant Military Equipment, 52622–52625 NOTICES Separate Parts In This Issue Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Disclosures, 52796–52797 Part II Privacy Act; Systems of Records, 52797–52799 Housing and Urban Development Department, 52822–52855 Substance Abuse and Mental Health Services Administration Reader Aids Consult the Reader Aids section at the end of this page for NOTICES Fiscal Year (FY) 2010 Funding Opportunity, 52756 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Surface Transportation Board To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Trackage Rights Exemption: listserv.access.gpo.gov and select Online mailing list R.J. Corman Railroad Company/Central Kentucky Lines; archives, FEDREGTOC-L, Join or leave the list (or change CSX Transportation, Inc., 52818–52819 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.

5 CFR Ch. LXXX...... 52607 14 CFR 25...... 52614 Proposed Rules: 39...... 52652 71...... 52654 16 CFR 1420...... 52616 Proposed Rules: 698...... 52655 20 CFR 404...... 52619 Proposed Rules: 672...... 52671 21 CFR 510...... 52621 520...... 52621 522...... 52621 22 CFR 124...... 52622 125 (2 documents) ...... 52622, 52625 126...... 52622 129...... 52622 24 CFR Proposed Rules: 401...... 52689 36 CFR 242...... 52627 38 CFR 17...... 52627 40 CFR Proposed Rules: 2...... 52691 52 (2 documents) ...... 52692, 52701 42 CFR 424...... 52629 47 CFR 73...... 52649 48 CFR 202...... 52650 212...... 52650 234...... 52650 50 CFR 100...... 52627 648...... 52650

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Rules and Regulations Federal Register Vol. 75, No. 166

Friday, August 27, 2010

This section of the FEDERAL REGISTER agency of the Federal Government.1 Comments Received contains regulatory documents having general FHFA was established to oversee the FHFA received and considered two applicability and legal effect, most of which prudential operations of the Federal comments from one member of the are keyed to and codified in the Code of National Mortgage Association, the Federal Regulations, which is published under public. The first comment relates to 50 titles pursuant to 44 U.S.C. 1510. Federal Home Loan Mortgage § 9001.101. That section, as proposed, Corporation (collectively, enterprises), contains cross-references to other The Code of Federal Regulations is sold by and the Federal Home Loan Banks executive branch ethics regulations and the Superintendent of Documents. Prices of (Banks) (collectively, regulated entities) a subsequent employment restriction of new books are listed in the first FEDERAL and to ensure that they operate in a safe section 1317D of the Safety and REGISTER issue of each week. and sound manner including being Soundness Act, 12 U.S.C. 4523, capitalized adequately; foster liquid, applicable to certain highly compensated former FHFA officers and FEDERAL HOUSING FINANCE efficient, competitive and resilient employees. Section 1317D prohibits AGENCY national housing finance markets; comply with the Safety and Soundness such highly compensated former FHFA 5 CFR Chapter LXXX Act and rules, regulations, guidelines officers and employees from accepting and orders issued by the Director of compensation from an enterprise under RIN 2590–AA02, 3209–AA15 section 1317D of the Safety and FHFA, and the respective authorizing Soundness Act for two years after statutes of the regulated entities; and Supplemental Standards of Ethical leaving FHFA. The commenter believes carry out their missions through Conduct for Employees of the Federal that this statutory restriction is Housing Finance Agency activities authorized and consistent inconsistent with the government-wide with the Safety and Soundness Act and post-employment restrictions of 18 AGENCY: Federal Housing Finance their authorizing statutes; and, that the Agency. U.S.C. 207(a)(1) and (2) and 5 CFR activities and operations of the 2635.601. FHFA notes that the section ACTION: Final rule. regulated entities are consistent with the 1317D statutory restriction is in SUMMARY: The Federal Housing Finance public interest. addition to the government-wide post- Agency (FHFA) is publishing a final II. Proposed Regulation; Comments employment restrictions of 18 U.S.C. regulation, with the concurrence of the Received; Technical Revisions 207(a)(1) and (2) and 5 CFR 2635.601. Office of Government Ethics, which Thus, FHFA has determined that a supplements the Standards of Ethical Proposed Regulation revision to § 9001.101 is not needed. Conduct for Employees of the Executive The second comment relates to Executive Order 12674, as amended Branch. To ensure a comprehensive and §§ 9001.104 and 9001.106. Section effective ethics program at FHFA and to by Executive Order 12731, authorized 9001.104(a) prohibits FHFA employees address ethical issues unique to FHFA, the United States Office of Government and the employees’ spouse and minor the final regulation establishes Ethics (OGE) to establish a single, children from owning or controlling prohibitions on the ownership of certain comprehensive and clear set of certain financial interests that are financial interests and restrictions on executive-branch standards of conduct. related to or affected by the operations outside employment and business On August 7, 1992, OGE published the of FHFA, such as securities owned, activities. Standards of Ethical Conduct for issued, guaranteed, securitized, or Employees of the Executive Branch collateralized by the regulated entities. DATES: This regulation is effective (Standards).2 Codified at 5 CFR part Section 9001.106 prohibits an employee August 27, 2010. 2635, the Standards took effect on of FHFA from participating in any FOR FURTHER INFORMATION CONTACT: February 3, 1993, and established matter in which a regulated entity is a Sean Dent, Associate General Counsel, uniform standards of ethical conduct for party if the regulated entity employs, as (202) 414–3099 (not a toll-free number), all executive branch employees. an employee or consultant, his or her Federal Housing Finance Agency, spouse, child, parent, or sibling, or Fourth Floor, 1700 G Street, NW., With the concurrence of OGE, 5 CFR member of his or her household unless Washington, DC 20552. The telephone 2635.105 authorizes executive branch the Designated Agency Ethics Official number for the Telecommunications agencies to publish agency-specific has authorized the employee to Device for the Deaf is (800) 877–8339. supplemental regulations necessary to participate in the matter using the SUPPLEMENTARY INFORMATION: implement their respective ethics standard in 5 CFR 2635.502(d). programs. With such concurrence, The commenter noted that the I. Background FHFA published proposed application of the two sections to family The Housing and Economic Recovery supplemental rules for comment on members differs. The restriction Act of 2008 (HERA), Public Law 110– April 16, 2010 (75 FR 19909). prohibiting the ownership or control of 289, 122 Stat. 2654, amended the certain financial interests applies only Federal Housing Enterprises Financial 1 See Division A, titled the ‘‘Federal Housing to the employee’s spouse and minor Safety and Soundness Act of 1992 (12 Finance Regulatory Reform Act of 2008,’’ Title I, children, while the restriction relating U.S.C. 4501 et seq.) (Safety and § 1101 of HERA. to employment by a regulated entity has 2 See 57 FR 35006–35067, as corrected at 57 FR Soundness Act), and the Federal Home 48557 and 57 FR 52583, with additional grace a broader application in that it applies Loan Bank Act (12 U.S.C. 1421–1449) to period extensions at 59 FR 4779–4780, 60 FR 6390– to the employee’s spouse, child, or establish FHFA as an independent 6391, 60 FR 66857–66858, and 61 FR 40950–40952. sibling, or a member of his or her

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household. The commenter believes that FHFA and supplements the Standards means, collectively, all the Federal FHFA’s inclusion of family and found in 5 CFR part 2635. It also Home Loan Banks. household members in § 9001.106 but requires that employees of FHFA must Federal Home Loan Bank System is not in § 9001.104 might lead the public comply with the Standards, this part, defined to mean the Federal Home Loan to question the different treatment and guidance and procedures established Banks under the supervision of FHFA. increase public uncertainty and pursuant to this part, the regulation Regulated entity is defined to mean confusion and make it more difficult for concerning the post-employment the Federal National Mortgage employees to distinguish between the restriction for senior examiners at 12 Association and any affiliate thereof; the restrictions that apply. CFR part 1212, and any additional rules Federal Home Loan Mortgage The different application of the two of conduct that FHFA is authorized to Corporation and any affiliate thereof; or sections conforms to law and regulation. issue. It also notes that employees any Federal Home Loan Bank; the term FHFA notes that the restriction in should contact the Designated Agency ‘‘regulated entities’’ means, collectively, § 9001.104 prohibiting the ownership or Ethics Official (DAEO) if they have the Federal National Mortgage control of certain financial interests questions about any provision of this Association and any affiliate thereof; the conforms to the scope of the regulation or other ethics-related Federal Home Loan Mortgage government-wide conflicting financial matters. Corporation and any affiliate thereof; interests law at 18 U.S.C. 208, which The section also contains cross- and the Federal Home Loan Banks. applies to the employee and to the references to other executive branch Safety and Soundness Act is defined employee’s spouse and minor children, ethics regulations and a subsequent to mean the Federal Housing Enterprises individuals whose financial interests are employment restriction of section Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.), as by law attributed to the employee. The 1317D of the Safety and Soundness Act, amended by the Housing and Economic requirement to receive prior approval 12 U.S.C. 4523, applicable to certain Recovery Act of 2008 (HERA), Public before employment by a regulated entity highly compensated former FHFA of the employee’s spouse, child, sibling, Law 110–289, 122 Stat. 2654 (2008). officers and employees, including FHFA Security is defined to mean all or a member of his or her household in Director, along with an annual § 9001.106 is intended to determine interests in debt or equity instruments. employee notification requirement as to The term includes, without limitation, whether the employment could raise that statutory restriction. Section 1317D questions about the employee’s secured and unsecured bonds, prohibits such highly compensated debentures, notes, securitized assets and impartiality in performing his or her former FHFA officers and employees, commercial paper including loans duties under the Standards. and the Director, from accepting securitized by mortgages or deeds of Issuance of Final Regulation With compensation from an enterprise under trust and securities backed by such Technical and Clarifying Revisions; section 1317D of the Safety and instruments, as well as all types of Immediate Effective Date Soundness Act for two years after preferred and common stock. The term leaving FHFA. Section 9001.101 has been revised to encompasses current and contingent add a reference to the regulation Section 9001.102 Definitions ownership interests including any concerning the post-employment beneficial or legal interest derived from Section 9001.102 defines the key a trust. Such interest includes any right restriction for senior examiners at 12 terms used in the regulation. CFR part 1212. Clarifying provisions to acquire or dispose of any long or Affiliate is defined as any entity that short position in such securities and have been added to §§ 9001.104(d) and controls, is controlled by, or is under 9001.105(b), as discussed below under also includes, without limit, interests common control with another entity. convertible into such securities, as well the Section-by-Section Analysis. Designated Agency Ethics Official, or FHFA, with the concurrence of OGE, as options, rights, warrants, puts, calls DAEO, as also used in 5 CFR part 2635, has determined that the following and straddles with respect thereto. The and ‘‘alternate DAEO’’ are defined as the supplemental rules that are contained in term shall not, however, be construed to individuals so designated by the the proposed regulation, which adds a include deposit accounts, such as Director, FHFA. The DAEO is new 5 CFR chapter LXXX, consisting of checking, savings, or money market responsible for designating agency part 9001, are necessary to implement deposit accounts. ethics officials and ethics designees, as successfully the ethics program of FHFA such terms are used in 5 CFR part 2635. Section 9001.103 Waivers in light of the unique programs and The alternate DAEO acts as the DAEO operations of FHFA. Thus, FHFA is Section 9001.103 authorizes the in the DAEO’s absence. publishing as final the regulation as DAEO to grant employees of FHFA Director is defined to mean the proposed with the technical revisions written waivers of any provision of the Director of FHFA or his or her designee. noted above. The final regulation has an FHFA regulation based upon a Employee is defined to mean an immediate effective date for good cause. determination that the waiver will not officer or employee of FHFA, including The final regulation, which affects only result in conduct inconsistent with 5 a special Government employee. For FHFA employees, is necessary to ensure CFR part 2635 or otherwise prohibited purposes of this part, it also is defined the public trust in FHFA operations and by law, and that application of the as an individual on detail from another it provides employees with adequate provision is not be necessary to ensure agency to FHFA for a period of more notice and time to report prohibited public confidence in the impartiality than 30 days. holdings and outside employment. and objectivity with which the programs Enterprise is defined as the Federal of FHFA are administered. In granting a III. Section-by-Section Analysis National Mortgage Association or the waiver under § 9001.103, the DAEO may The following is a section-by-section Federal Home Loan Mortgage require the employee to take further analysis of the regulation. Corporation. action, including executing a written Federal Home Loan Bank or Bank is disqualification statement. This Section 9001.101 General defined to mean a Bank established provision is intended, in appropriate Section 9001.101 explains that the under the Federal Home Loan Bank Act; cases, to ease the burden that these regulation applies to all employees of the term ‘‘Federal Home Loan Banks’’ supplemental regulations will impose

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on employees of FHFA while ensuring the DAEO, and other agency ethics receive a written waiver from the DAEO that employees do not engage in actions officials or counselors to determine the in accordance with § 9001.103. The or hold financial interests that may financial interests prohibited by each section imposes a similar reporting and interfere with the objective and employee’s duties. divestiture requirement upon employees impartial performance of their official Section 9001.104(b) also attributes to who acquire, without specific intent, duties. an FHFA employee, or to the financial interests prohibited by employee’s spouse and minor children, § 9001.104(a). Section 9001.104(d) has Section 9001.104 Prohibited Financial securities he or she is prohibited from been clarified to provide expressly that Interests holding directly by § 9001.104(a) that the reporting and divestiture Section 9001.104(a) prohibits FHFA are held by certain described third-party requirements also apply to prohibited employees and the employees’ spouse entities. financial interests acquired prior to the and minor children from owning or Section § 9001.104(c) permits an effective date of this part. controlling certain financial interests FHFA employee and the employee’s Section 9001.105 Outside Employment that are related to or affected by the spouse and minor children to own operations of FHFA, such as securities interests in publicly-traded or publicly- This section is designed to balance owned, issued, guaranteed, securitized, available diversified mutual or other several important ethical principles or collateralized by the regulated collective diversified investment funds against an employee’s right to engage in entities. This prohibition does not apply that contain within their portfolios outside activities. Paragraph (a) of the to special Government employees.3 The interests that they are prohibited from section prohibits an FHFA employee, prohibition of § 9001.104(a) is based on holding by § 9001.104(c). Under this except for a special Government the view of FHFA that permitting FHFA provision, ownership of such employee, from engaging in paid or employees and their spouse and minor investment funds are permitted as long unpaid employment with (1) a person, children directly or indirectly to own or as the employee or the employee’s other than a State or local government, control securities owned, issued, spouse or minor children do not have who is a registered lobbyist engaged in guaranteed, securitized, or collateralized the ability to control the fund or its lobbying activities concerning FHFA by the regulated entities would cause a portfolio, and the fund does not have an programs; (2) any regulated entity, or reasonable person to question the objective or practice of concentrating its (3) the Office of Finance of the Federal impartiality with which FHFA programs investments in securities of a regulated Home Loan Bank System. FHFA is of are administered. Specifically, FHFA entity or the regulated entities generally, the view that such a policy against believes that there is a direct and and less than 25 percent of the total active participation in such businesses appropriate nexus between the holdings of the fund are comprised of is necessary to protect against questions prohibition against owning or securities owned, issued, guaranteed, regarding the impartiality and controlling such securities as applied securitized, or collateralized by one or objectivity of employees and the both to employees and to the spouses more regulated entities. administration of the programs of This exception to § 9001.104(a) and minor children of employees and FHFA. FHFA believes that it will hinder reflects the view of FHFA that the the efficiency of the service. FHFA in meeting its missions if prohibition on owning or controlling In addition, while Federal conflict of members of the public could question securities of the regulated entities interest statutes and the Standards whether employees are using their should not be extended to publicly- public positions or connections at FHFA prohibit an employee of FHFA from traded or publicly-available mutual to advance alternate careers. participating in matters in which the funds or other collective investment Furthermore, in accordance with 5 employee or the employee’s spouse or funds that are diversified and over CFR 2635.803, FHFA is of the view that minor children have a conflicting which employees have no control, since it is necessary or desirable for the financial interest, FHFA has determined it would be unreasonable to require purpose of administering its ethics that a broader ban is more effective in employees to divest themselves of such program to require FHFA employees to ensuring that no reasonable person mutual funds based on investment obtain approval before engaging in could question the impartiality and decisions in which they played no role. outside employment or activities. An objectivity of the agency’s actions. The FHFA believes that allowing an FHFA approval requirement helps ensure that broader ban of § 9001.104(a) establishes employee and the employee’s spouse potential ethical problems are resolved a clear prohibition that will be easily and minor children to own interests in before employees begin outside understood by observers of FHFA. publicly-traded or publicly-available employment or activities that could Moreover, the prohibition will diversified mutual funds and collective involve a violation of applicable statutes substantially reduce the burden on investment funds will not endanger the and standards of conduct. FHFA and FHFA employees to impartiality or objectivity of FHFA, Thus, § 9001.105(b)(1) provides that determine the scope of the prohibition even if these funds held some limited an FHFA employee, other than a special for each employee. By promulgating a interest in securities owned, issued, Government employee, must obtain broad ban that excludes all securities securitized, guaranteed, or collateralized advance written approval from the owned, issued, guaranteed, securitized, by one or more of the regulated entities. employee’s supervisor and the or collateralized by the regulated Section 9001.104(d) requires concurrence of the DAEO before entities, § 9001.104(a) will substantially employees of FHFA, within 30 calendar engaging in any outside employment. reduce the need for FHFA employees, days commencement of employment, to FHFA has added clarifying language report to the DAEO in writing all to § 9001.105(b)(2) addressing outside 3 The term ‘‘special Government employee’’ is defined in 5 CFR 2635.102 to mean ‘‘those executive financial interests that they acquired employment commenced by employees branch officers or employees specified in 18 U.S.C. prior or the commencement of their before the effective date of this part. An 202(a). A special Government employee is retained, employment, and that they are employee who commenced engaging in designated, appointed, or employed to perform prohibited from holding by any outside employment not prohibited temporary duties either on a full-time or intermittent basis, with or without compensation, § 9001.104(a). Employees are required to under § 9001.105(a) before the effective for a period not to exceed 130 days during any divest such interests, within 90 calendar date of this part must request written consecutive 365-day period.’’ days of the date reported, unless they approval from his or her supervisor and

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the concurrence of the DAEO within 30 against and other matters affecting the questions regarding the appropriateness calendar days of the effective date. The Government. The note explains that an of actions taken by the employee or employee may continue engaging in the employee who wishes to act as agent or FHFA. outside employment while the request attorney for, or otherwise represent his Section 9001.107 Other Limitations is under review. or her parents, spouse, children, or any Section 9001.105(b)(2) also addresses person for whom, or any estate for Section § 9001.107(a) references the outside employment by new employees. which, he or she is serving as guardian, statutory restriction on financial An employee who before being executor, administrator, trustee, or other interests applicable to the Director, the employed by FHFA commenced personal fiduciary in such matters must Deputy Director of the Division of engaging in any outside employment obtain the approval required by law of Enterprise Regulation, the Deputy not prohibited under § 9001.105(a) must the Government official responsible for Director of the Division of Federal Home request written approval from his or her the employee’s appointment in addition Loan Bank Regulation, and the Deputy supervisor and the concurrence of the to the regulatory approval that is Director for Housing Mission and Goals. DAEO within 30 calendar days of required in § 9001.105. These individuals are subject to commencing employment with FHFA. Section 9001.105(d) sets out the additional financial interest limitations The new employee may continue procedures for requesting prior approval set forth in section 1312(g) of the Safety engaging in the outside employment to engage in outside employment and Soundness Act (12 U.S.C. 4512(g)). while the request is under review. initially, or within seven calendar days Section 1312(g) provides that the Paragraph (c) to § 9001.105 broadly of a significant change in the nature or Director and each Deputy Director may defines outside employment to cover scope of the outside employment or the not— any form of non-Federal employment or employee’s official position. Paragraph (1) Have any direct or indirect business relationship involving the (e) of § 9001.105 provides that the financial interest in any regulated entity provision of personal services, whether concurrence of the DAEO will be or entity-affiliated party; 4 or not for compensation, other than in granted only upon a determination that the discharge of official duties. It also the outside employment is not expected (2) Hold any office, position, or includes writing when done under an to involve conduct prohibited by statute employment in any regulated entity or arrangement with another person or or Federal regulation, including 5 CFR entity-affiliated party; or entity for production or publication of part 2635 and this part. (3) Have served as an executive officer the written product. It does not, Section 9001.105(f) provides that the or director of any regulated entity or however, include participation in the DAEO may issue written instructions entity-affiliated party at any time during activities of nonprofit charitable, governing the submission of requests for the three-year period preceding the date religious, professional, social, fraternal, approval of and concurrence with of appointment or designation of such educational, recreational, public service, outside employment. The written individual as Director or Deputy or civic organizations, unless such instructions may exempt categories of Director, as applicable. activities are for (1) compensation other employment from the prior approval Paragraph (b) of § 9001.107 provides than reimbursement of expenses, (2) the and concurrence requirement based on that if an employee or the spouse or organization’s activities are devoted a determination that employment minor children of the employee directly substantially to matters relating to the within those categories will generally be or indirectly owns a financial interest in employee’s official duties as defined in approved and will likely not involve a member of a Bank or in a financial 5 CFR 2635.807(a)(2)(i)(B) through (E) conduct prohibited by Federal law or institution such as a mortgage bank, and the employee will serve as officer regulation, including 5 CFR part 2635 mortgage broker, bank, thrift, or other or director of the organization, or (3) the and this part. financial institution that originates, activities will involve the provision of Section 9001.106 Restrictions insures, or services mortgages that are consultative or professional services. Resulting From Employment of Family owned, issued, guaranteed, securitized, Consultative services is defined to mean and Household Members or collateralized by a regulated entity, the provision of personal services by an the employee is cautioned not to violate employee, including the rendering of Section 9001.106 prohibits an the statutory prohibition against advice or consultation, which requires employee of FHFA from participating in financial conflicts of interest set forth in advanced knowledge in a field of any matter in which a regulated entity 18 U.S.C. 208. The language notes that science or learning customarily acquired is a party if the regulated entity the government-wide de minimis and by a course of specialized instruction employs, as an employee or consultant, other exceptions set forth in 5 CFR and study in an institution of higher his or her spouse, child, parent, or 2640.202 are applicable to the education, hospital, or similar facility. sibling, or member of his or her ownership or control of interests in such Professional services is defined to mean household unless the DAEO has financial institutions. Employees are the provision of personal services by an authorized the employee to participate encouraged to seek a determination employee, including the rendering of in the matter using the standard in 5 from the DAEO as to whether the advice or consultation, which involves CFR 2635.502(d). Section 9001.106 financial interest in the member of a application of the skills of a profession requires such an employee to make a Bank or in the financial institution as defined in 5 CFR 2636.305(b)(1) or written report to the DAEO within 30 creates a financial conflict of interest or involves a fiduciary relationship as calendar days of employment by a an appearance of a conflict of interest defined in 5 CFR 2636.305(b)(2). regulated entity of the employee’s and whether the employee should A note following paragraph (c) of spouse, child, parent, sibling, or disqualify himself or herself from § 9001.105 pertains to the special member of his or her household. This participating in an official capacity in a approval requirement set out in both 18 requirement is intended to eliminate the particular matter involving the financial U.S.C. 203(d) and 205(e), respectively, potential for any appearance of institution. for certain representational activities preferential treatment in those instances otherwise covered by the conflict of where employment of a family member 4 The term ‘‘entity-affiliated party’’ is defined in interest restrictions on compensation or a member of the employee’s section 1301(11) of the Safety and Soundness Act and activities of employees in claims household would be likely to raise (12 U.S.C. 4502(11)).

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Section 9001.108 Prohibited agency has certified that the regulation provision of this regulation or other Recommendations does not have a significant economic ethics-related matters. Section 9001.108 prohibits an impact on a substantial number of small (b) Cross-references—(1) Regulations. employee of FHFA from recommending, entities. 5 U.S.C. 605(b). FHFA has FHFA employees are also subject to the suggesting, or giving advice to any considered the impact of the regulation regulations concerning executive branch person with respect to financial under the Regulatory Flexibility Act. financial disclosure contained in 5 CFR transactions or investment actions FHFA certifies that the regulation is not part 2634, the regulations concerning involving the acquisition, sale, or likely to have a significant economic executive branch financial interests divestiture of securities of a regulated impact on a substantial number of small contained in 5 CFR part 2640, and the entity. The Standards at 5 CFR 2635.703 business entities because the regulation regulations concerning executive branch prohibit an employee from allowing the is applicable only to employees of employee responsibilities and conduct improper use of nonpublic information FHFA. contained in 5 CFR part 735. (2)(i) Statutory restriction. Section to further his or her private interest or List of Subjects in 5 CFR Part 9001 that of another, whether through advice 1319D of the Act, 12 U.S.C. 4523, or recommendation or by knowing Administration, Conflict of interests, prohibits the Director or any former unauthorized disclosure. The section Ethics, Government employees. officer or employee of FHFA who, while supplements 5 CFR 2635.703 in that it ■ Accordingly, for the reasons stated in employed by FHFA, was compensated expressly prohibits FHFA employees the preamble, FHFA, with the at a rate in excess of the lowest rate for from using or creating the appearance of concurrence of OGE, is amending title 5 a position classified higher than GS–15 using information that is not available to of the Code of Federal Regulations by of the General Schedule under section the general public to further a private adding a new chapter LXXX, consisting 5107 of title 5, United States Code, from interest. The prohibition is also of part 9001, to read as follows: accepting compensation from an intended to eliminate any enterprise during the two-year period CHAPTER LXXX—FEDERAL HOUSING beginning on the date of his or her misunderstanding or harm that could FINANCE AGENCY result from such a recommendation. For separation from employment by FHFA. (ii) Notice to employees. The DAEO example, an investor should not be PART 9001—SUPPLEMENTAL shall notify employees on an annual misled into believing, pursuant to the STANDARDS OF ETHICAL CONDUCT basis of the rate of compensation that recommendation of an FHFA employee, FOR EMPLOYEES OF THE FEDERAL triggers the subsequent employment that the securities of a particular HOUSING FINANCE AGENCY restriction. regulated entity regulated by FHFA is a sound buy because the investor believes Sec. 9001.101 General. § 9001.102 Definitions. that the employee may have access to 9001.102 Definitions. For purposes of this part, the term: inside information. 9001.103 Waivers. Affiliate means any entity that Section 9001.109 Prohibited Purchase 9001.104 Prohibited financial interests. controls, is controlled by, or is under of Assets 9001.105 Outside employment. common control with another entity. 9001.106 Restrictions resulting from Designated Agency Ethics Official, or Section 9001.109 prohibits employment of family and household DAEO, as also used in 5 CFR part 2635, employees, the spouses of employees, members. and ‘‘alternate DAEO’’ mean the 9001.107 Other limitations. and the minor children of employees of individuals so designated by the FHFA from purchasing real or personal 9001.108 Prohibited recommendations. 9001.109 Prohibited purchase of assets. Director, FHFA. The DAEO is property from the regulated entities responsible for designating agency unless it is sold at public auction or by Authority: 5 U.S.C. 7301; 5 U.S.C. App. ethics officials and ethics designees, as (Ethics in Government Act of 1978); 12 other means that would ensure that the such terms are used in 5 CFR part 2635. selling price of the property is the U.S.C. 4526; E.O. 12674, 54 FR 15159; 3 CFR, 1989 Comp., p. 215, as modified by E.O. The alternate DAEO acts as the DAEO asset’s fair market value. This in the DAEO’s absence. prohibition supplements the general 12731, 55 FR 42547; 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.402(c), Director means the Director of FHFA prohibition in 5 CFR 2635.702 against 2635.403(a), 2635.502(e), 2635.604, 2635.702, or his or her designee. the use of public office for private gain. 2635.703, 2635.802(a), 2635.803. Employee means an officer or Regulatory Impacts employee of FHFA, including a special § 9001.101 General. Government employee. For purposes of Paperwork Reduction Act (a) Purpose and scope. In accordance this part, it also means an individual on The regulation does not contain any with 5 CFR 2635.105, the purpose of detail from another agency to FHFA for information collection requirement that this regulation is to supplement the a period of more than 30 calendar days. requires the approval of OMB under the Standards of Ethical Conduct for Enterprise means the Federal National Paperwork Reduction Act (44 U.S.C. Employees of the Executive Branch Mortgage Association or the Federal 3501 et seq.). contained in 5 CFR part 2635. The Home Loan Mortgage Corporation. regulation applies to employees of the Federal Home Loan Bank or Bank Regulatory Flexibility Act Federal Housing Finance Agency means a Bank established under the The Regulatory Flexibility Act (FHFA). Employees are required to Federal Home Loan Bank Act; the term (5 U.S.C. 601 et seq.) requires that a comply with 5 CFR part 2635, this part, ‘‘Federal Home Loan Banks’’ means, regulation that has a significant guidance and procedures established collectively, all the Federal Home Loan economic impact on a substantial pursuant to this part, the regulation Banks. number of small entities, small concerning the post-employment Federal Home Loan Bank System businesses, or small organizations must restriction for senior examiners at 12 means the Federal Home Loan Banks include an initial regulatory flexibility CFR part 1212, and any additional rules under the supervision of the Federal analysis describing the regulation’s of conduct that FHFA is authorized to Housing Finance Agency. impact on small entities. Such an issue. Employees should contact the Regulated entity means the Federal analysis need not be undertaken if the DAEO if they have questions about any National Mortgage Association and any

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affiliate thereof; the Federal Home Loan addition to the standards under (6) Any other entity in which the Mortgage Corporation and any affiliate paragraph (a) of this section: employee or employee’s spouse or thereof; or any Federal Home Loan (1) Extenuating circumstances exist, minor children individually or jointly Bank; the term ‘‘regulated entities’’ such as ownership or control of the hold more than a 10 percent equity means, collectively, the Federal security was acquired: interest. National Mortgage Association and any (i) Prior to employment with FHFA; (c) Exceptions to prohibition for affiliate thereof; the Federal Home Loan (ii) Through inheritance, gift, merger, certain interests. Notwithstanding Mortgage Corporation and any affiliate acquisition, or other change in corporate paragraphs (a) and (b) of this section, an thereof; and the Federal Home Loan structure, or otherwise without specific employee or an employee’s spouse or Banks. intent on the part of the employee, or minor children may directly or Safety and Soundness Act means the employee’s spouse or minor children, to indirectly own or control: Federal Housing Enterprises Financial acquire the security; or (1) A security for which a waiver has Safety and Soundness Act of 1992 (12 (iii) By an employee’s spouse or been granted pursuant to § 9001.103; U.S.C. 4501 et seq.), as amended by the minor children as part of a and Housing and Economic Recovery Act of compensation package in connection (2) An interest in a publicly-traded or 2008 (HERA), Public Law 110–289, 122 with employment or prior to marriage to publicly-available diversified mutual Stat. 2654 (2008). the employee; fund or other collective diversified Security means all interests in debt or (2) The amount of the prohibited investment fund, including a widely- equity instruments. The term includes, financial interest has a market value of held pension or other retirement fund if: without limitation, secured and less than the de minimis amount set (i) Neither the employee, the unsecured bonds, debentures, notes, forth in 5 CFR 2640.202(a); employee’s spouse, nor the employee’s (3) The employee makes a prompt and securitized assets and commercial paper minor children exercise or have the complete written disclosure of the including loans securitized by ability to exercise control over the interest; and mortgages or deeds of trust and financial interests held by the fund; and (4) If the employee is required to (ii) The fund does not indicate in its securities backed by such instruments, disqualify himself or herself from prospectus the objective or practice of as well as all types of preferred and certain assignments, the disqualification concentrating its investments in common stock. The term encompasses does not unduly interfere with the full securities of a regulated entity or current and contingent ownership performance of the employee’s duties. regulated entities generally, and less interests including any beneficial or than 25 percent of the total holdings of legal interest derived from a trust. Such § 9001.104 Prohibited financial interests. the fund are comprised of securities interest includes any right to acquire or (a) General prohibition. This section owned, issued, guaranteed, securitized, dispose of any long or short position in applies to all employees, except special or collateralized by one or more such securities and also includes, Government employees. Except as regulated entities. without limit, interests convertible into permitted in paragraph (c) of this (d) Reporting and divestiture. An such securities, as well as options, section, an employee or an employee’s employee must provide, in writing, to rights, warrants, puts, calls and spouse or minor children, shall not the DAEO any financial interest straddles with respect thereto. The term directly or indirectly own or control prohibited under paragraph (a) of this shall not, however, be construed to securities owned, issued, guaranteed, section acquired prior to the effective include deposit accounts, such as securitized, or collateralized by a date of this part or the commencement checking, savings, or money market regulated entity. of employment with FHFA or without deposit accounts. (b) Restrictions arising from third- specific intent, as through gift, § 9001.103 Waivers. party relationships. If any of the entities inheritance, or marriage, within 30 listed in paragraphs (b)(1) through (6) of calendar days from the effective date of (a) General. The DAEO may waive this section owns securities that an this part, commencement of any provision of this part upon finding employee is prohibited from owning employment with FHFA, or acquisition that the waiver will not result in directly by paragraph (a) of this section, of such interest. Such financial interest conduct inconsistent with 5 CFR part the employee is deemed to hold the must be divested within 90 calendar 2635 or otherwise prohibited by law, securities indirectly. The entities are— days from the date reported unless a and that application of the provision is (1) A partnership in which the waiver is granted in accordance with not necessary to ensure public employee or employee’s spouse or § 9001.103. confidence in the impartiality and minor children are general partners; objectivity with which the programs of (2) A partnership in which the § 9001.105 Outside employment. FHFA are administered. Each waiver employee or employee’s spouse or (a) Prohibited outside employment. shall be in writing and supported by a minor children individually or jointly Employees, except special Government statement of the facts and findings upon hold more than a 10 percent limited employees, shall not engage in: which it is based and may impose partnership interest; (1) Employment with a person or appropriate conditions, including but (3) A closely held corporation in entity, other than a State or local not limited to requiring the employee to which the employee or employee’s government, that is registered as a execute a written disqualification spouse or minor children individually lobbyist under the Lobbying Disclosure statement or an agreement not to acquire or jointly hold more than a 10 percent Act of 1995 (2 U.S.C. chapter 26) and additional securities. equity interest; engages in lobbying activities (b) Waiver of prohibitions relating to (4) A trust in which the employee or concerning FHFA programs; or ownership or control of securities. The employee’s spouse or minor children (2) Employment with any regulated DAEO may grant a waiver permitting have a legal or beneficial interest; entity or with the Office of Finance of the employee or the employee’s spouse (5) An investment club or similar the Federal Home Loan Bank System. or minor children to own or control, informal investment arrangement (b) Prior approval for and directly or indirectly, any security between the employee or employee’s concurrence with other outside prohibited under § 9001.104, if, in spouse or minor children and others; or employment—(1) Except as provided in

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paragraph (b)(2) of this section, before the provision of personal services by an governing the submission of requests for engaging in any outside employment employee, including the rendering of approval of and concurrence with that is not prohibited under paragraph advice or consultation, which requires outside employment under paragraph (a) of this section, with or without advanced knowledge in a field of (d) of this section. The instructions may compensation, an employee, other than science or learning customarily acquired exempt categories of employment from a special Government employee, must by a course of specialized instruction the prior approval and concurrence obtain written approval from his or her and study in an institution of higher requirement of paragraph (b) of this supervisor and the concurrence of the education, hospital, or similar facility. section based on a determination by the DAEO. Nonetheless, special Professional services means the DAEO that employment within those Government employees remain subject provision of personal services by an categories of employment will generally to other statutory and regulatory employee, including the rendering of be approved and is not likely to involve provisions governing their outside advice or consultation, which involves conduct prohibited by Federal law or activities, including 18 U.S.C. 203(c) application of the skills of a profession regulation, including 5 CFR part 2635 and 205(c), as well as applicable as defined in 5 CFR 2636.305(b)(1) or and this part. provisions of 5 CFR part 2635. involves a fiduciary relationship as (2) An employee, other than a special defined in 5 CFR 2636.305(b)(2). § 9001.106 Restrictions resulting from Government employee, who before the employment of family and household effective date of this part or Note to § 9001.105(c): There is a special members. approval requirement set out in both 18 (a) Disqualification of employee. An commencement of employment with U.S.C. 203(d) and 205(e), respectively, for FHFA commenced engaging in outside certain representational activities otherwise employee may not participate in any employment that is not prohibited covered by the conflict of interest restrictions particular matter in which a regulated under paragraph (a) of this section must on compensation and activities of employees entity is a party if the regulated entity request written approval from his or her in claims against and other matters affecting employs as an employee or a consultant supervisor and the concurrence of the the Government. Thus, an employee who his or her spouse, child, parent, or DAEO within 30 calendar days of the wishes to act as agent or attorney for, or sibling, or member of his or her effective date of this part or otherwise represent his or her parents, household unless the DAEO has commencement of employment with spouse, children, or any person for whom, or authorized the employee to participate any estate for which, he or she is serving as in the matter using the standard set FHFA. The employee may continue guardian, executor, administrator, trustee, or engaging in the outside employment other personal fiduciary in such matters must forth in 5 CFR 2635.502(d). while the request is under review. obtain the approval required by law of the (b) Reporting certain relationships. (c) Definition of outside employment. Government official responsible for the Within 30 calendar days of the spouse, For purposes of paragraph (b) of this employee’s appointment in addition to the child, parent, sibling, or member of the section, outside employment means any regulatory approval required in this section. employee’s household being employed form of non-Federal employment or (d) Procedure for requesting approval by the regulated entity, the employee business relationship involving the and concurrence—(1) The approval shall provide in writing notice of such provision of personal services, whether required by paragraph (b) of this section employment to the DAEO. or not for compensation. It includes, but shall be requested by e-mail or other § 9001.107 Other limitations. is not limited to, services as an officer, form of written correspondence in director, employee, agent, advisor, (a) Director and Deputy Directors. The advance of engaging in outside Director, the Deputy Director of the attorney, consultant, contractor, general employment as defined in paragraph (c) partner, trustee, teacher, or speaker. It Division of Enterprise Regulation, the of this section. Deputy Director of the Division of includes writing when done under an (2) The request for approval to engage Federal Home Loan Bank Regulation, arrangement with another person or in outside employment shall set forth, at and the Deputy Director for Housing entity for production or publication of a minimum: the written product. The definition does (i) The name of the employer or Mission and Goals are subject to not include positions as trustee for a organization; additional financial interest limitations family trust for which the only (ii) The nature of the activity or other as set forth in section 1312(g) of the beneficiaries are the employee, the work to be performed; Safety and Soundness Act, 12 U.S.C. employee’s spouse, the employee’s (iii) The title of the position; and 4512(g). minor or dependent children, or any (iv) The estimated duration of the (b) Financial interests in Bank combination thereof. The definition also outside employment. members and other financial does not include participation in the (3) Upon a significant change in the institutions. If an employee or the activities of a nonprofit charitable, nature or scope of the outside spouse or minor children of the religious, professional, social, fraternal, employment or in the employee’s employee directly or indirectly owns a educational, recreational, public service official position within FHFA, the financial interest in a member of a Bank or civic organization, unless: employee must, within seven calendar or in a financial institution such as a (1) The employee will receive days of the change, submit a revised mortgage bank, mortgage broker, bank, compensation other than reimbursement request for approval and concurrence. thrift, or other financial institution that of expenses; (e) Standard for concurrence. The originates, insures, or services (2) The organization’s activities are DAEO may concur with the supervisor’s mortgages that are owned, guaranteed, devoted substantially to matters relating approval required by paragraph (b) of securitized, or collateralized by a to the employee’s official duties as this section only upon his or her written regulated entity, the employee is defined in 5 CFR 2635.807(a)(2)(i)(B) determination that the outside cautioned not to violate the statutory through (E) and the employee will serve employment is not expected to involve prohibition against financial conflicts of as officer or director of the organization; conduct prohibited by statute or Federal interest set forth in 18 U.S.C. 208. The or regulation, including 5 CFR part 2635 government-wide de minimis and other (3) The activities will involve the and this part. exceptions set forth in 5 CFR 2640.202 provision of consultative or professional (f) Issuance of instructions. The DAEO are applicable to the ownership or services. Consultative services means may issue written instructions control of interests in such financial

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institutions. Employees are encouraged appropriate safety standards for this preamble between 7:30 a.m. and 4 p.m., to seek a determination from the DAEO design feature. These special conditions Monday through Friday, except Federal as to whether the financial interest in contain the additional safety standards holidays. the member of the Bank or in the that the Administrator considers We will consider all comments we financial institution creates a financial necessary to establish a level of safety receive by the closing date for conflict of interest or an appearance of equivalent to that established by the comments. We will consider comments a conflict of interest and whether the existing airworthiness standards. filed late if it is possible to do so employee should disqualify himself or DATES: The effective date of these without incurring expense or delay. We herself from participating in an official special conditions is August 18, 2010. may change these special conditions capacity in a particular matter involving We must receive your comments by based on the comments we receive. the financial institution. September 27, 2010. If you want us to acknowledge receipt ADDRESSES: You must mail two copies § 9001.108 Prohibited recommendations. of your comments on these special of your comments to: Federal Aviation conditions, include with your Employees shall not make any Administration, Transport Airplane comments a self-addressed, stamped recommendation or suggestion, directly Directorate, Attn: Rules Docket (ANM– postcard on which you have written the or indirectly, concerning the 113), Docket No. NM433, 1601 Lind acquisition, sale, or divestiture of Avenue, SW., Renton, Washington docket number. We will stamp the date securities of a regulated entity. 98057–3356. You may deliver two on the postcard and mail it back to you. § 9001.109 Prohibited purchase of assets. copies to the Transport Airplane Background An employee or the employee’s Directorate at the above address. You On June 16, 2010, C&D Zodiac, Inc., spouse or minor children shall not must mark your comments: Docket No. 5701 Bolsa Ave,, Huntington Beach, purchase, directly or indirectly, any real NM433. You can inspect comments in California 92647, applied for a or personal property from a regulated the Rules Docket weekdays, except Supplemental Type Certificate (STC) for entity, unless it is sold at public auction Federal holidays, between 7:30 a.m. and or by other means which would assure 4 p.m. an interior modification to include seats that the selling price is the asset’s fair FOR FURTHER INFORMATION CONTACT: with large, non-metallic panels in the market value. Jayson Claar, FAA, ANM–115, cabin interior in the Embraer Model ERJ Transport Airplane Directorate, Aircraft 170–100 SU series airplanes. The Model Dated: August 3, 2010. Certification Service, 16501 Lind ERJ 170–100 SU, which is currently Edward J. DeMarco, Avenue, SW., Renton, WA 98057–3356; approved under Type Certificate No. Acting Director, Federal Housing Finance telephone (425) 227–2194; facsimile A56NM, is a 76 passenger, twin-engine Agency. (425) 227–1232. regional jet with a maximum takeoff Approved: August 13, 2010. SUPPLEMENTARY INFORMATION: weight of 82,011 pounds. Robert I. Cusick, The FAA has determined that notice The applicable airplane regulations, Director, Office of Government Ethics. of, and opportunity for prior public currently approved under Title 14, Code [FR Doc. 2010–21324 Filed 8–26–10; 8:45 am] comment on, these special conditions of Federal Regulations (14 CFR) part 25, BILLING CODE 8070–01–P are impracticable because these do not require seats to meet the more- procedures would significantly delay stringent flammability standards issuance of the design approval and required of large, non-metallic panels in DEPARTMENT OF TRANSPORTATION thus delivery of the affected aircraft. In the cabin interior. At the time the addition, the substance of these special applicable rules were written, seats Federal Aviation Administration conditions has been subject to the were designed with a metal frame public-comment process in several prior covered by fabric, not with large, non- 14 CFR Part 25 instances with no substantive comments metallic panels. Seats also met the then- received. The FAA therefore finds that [Docket No. NM433; Special Conditions No. recently adopted standards for 25–411–SC] good cause exists for making these flammability of seat cushions. With the special conditions effective upon seat design being mostly fabric and Special Conditions: Embraer Model issuance. metal, the contribution to a fire in the ERJ 170–100 SU Series Airplanes; Comments Invited cabin had been minimized and was not Seats With Non-Traditional, Large, considered a threat. For these reasons, We invite interested people to take Non-Metallic Panels seats did not need to be tested to heat- part in this rulemaking by sending release and smoke-emission AGENCY: Federal Aviation written comments, data, or views. The requirements. Administration (FAA), DOT. most helpful comments reference a ACTION: Final special conditions; request specific portion of the special Seat designs have now evolved to for comments. conditions, explain the reason for any occasionally include non-traditional, recommended change, and include large, non-metallic panels. Taken in SUMMARY: These special conditions are supporting data. We ask that you send total, the surface area of these panels is issued for the Embraer Model ERJ 170– us two copies of written comments. on the same order as the sidewall and 100 SU series airplanes. These We will file in the docket all overhead stowage bin interior panels. airplanes, as modified by C&D Zodiac, comments we receive, as well as a To provide the level of passenger Inc., will have a novel or unusual design report summarizing each substantive protection intended by the feature associated with seats that public contact with FAA personnel airworthiness standards, these non- include non-traditional, large, non- about these special conditions. You can traditional, large, non-metallic panels in metallic panels that would affect inspect the docket before and after the the cabin must meet the standards of survivability during a post-crash fire comment closing date. If you wish to part 25, Appendix F, parts IV and V, event. The applicable airworthiness review the docket in person, go to the heat-release and smoke-emission regulations do not contain adequate or address in the ADDRESSES section of this requirements.

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Type Certification Basis incorporate non-traditional, large, non- extended survival time by Under the provisions of § 21.101, C&D metallic panels. To provide a level of approximately 2 minutes over materials Zodiac, Inc., must show that the Model safety equivalent to that provided by the that do not comply. At the time Amendment 25–61 was ERJ 170–100 SU, as changed, continues balance of the cabin, additional written, the potential application of the to meet the applicable provisions of the airworthiness standards, in the form of requirement to seats was explored. The regulations incorporated by reference in special conditions, are necessary. These seat frame itself was not a concern Type Certificate No. A56NM. The special conditions supplement § 25.853. The requirements contained in these because it was primarily made of regulations incorporated by reference in special conditions consist of applying aluminum and included only small the type certificate are commonly the identical test conditions, required of amounts of non-metallic materials (for referred to as the original type all other large panels in the cabin, to example, a food tray table and armrest certification basis. The regulations seats with non-traditional, large, non- closeout). It was determined that the incorporated by reference in Type metallic panels. overall effect on survivability was Certificate No. A56NM are as follows: negligible, whether or not these panels ‘‘ 14 CFR part 25, as amended by Definition of Non-Traditional, Large, met the heat-release and smoke- ’’ Amendments 25–1 through 25–101. Non-Metallic Panel emission requirements. The If the Administrator finds that the A non-traditional, large, non-metallic requirements therefore did not address applicable airworthiness regulations panel, in this case, is defined as a panel seats, and the preambles to both Notice (i.e., 14 CFR part 25) do not contain with exposed-surface areas greater than of Proposed Rule Making (NPRM) 85–10 adequate or appropriate safety standards 1.5 square feet installed per seat place. and the final rule (Amendment 25–61) for the Model ERJ–170–100 SU, because The panel may consist of either a single specifically noted that they were of a novel or unusual design feature, component or multiple components in a excluded ‘‘because the recently adopted special conditions are prescribed under concentrated area. Examples of parts of standards for flammability of seat the provisions of § 21.16. the seat where these non-traditional cushions will greatly inhibit In addition to the applicable panels are installed include, but are not involvement of the seats.’’ airworthiness regulations and special limited to: seat backs, bottoms and leg/ In the late 1990s, when it became conditions, the Model ERJ 170–100 SU foot rests, kick panels, back shells, and clear that seat designs were evolving to series airplanes must comply with the credenzas and associated furniture. include large non-metallic panels with fuel vent and exhaust emission Examples of traditional exempted parts surface areas that would impact requirements of 14 CFR part 34 and the of the seat include: arm caps, armrest survivability during a cabin fire event noise certification requirements of 14 close-outs such as end bays and armrest- compared to partitions or galleys, the CFR part 36. styled center consoles, food trays, and FAA issued Policy Memorandum 97– The FAA issues special conditions, as video monitors and shrouds. 112–39. This memo noted that large defined in 14 CFR 11.19, in accordance Clarification of ‘‘Exposed’’ surface area panels must comply with with § 11.38, and they become part of heat-release and smoke-emission the type-certification basis under ‘‘Exposed’’ is considered to include requirements, even if they were attached § 21.101. those panels directly exposed to the to a seat. If the FAA had not issued such Special conditions are initially passenger cabin in the traditional sense, a policy, seat designs would have been applicable to the model for which they plus those panels enveloped such as by viewed as a loophole to the are issued. Should the applicant apply a dress cover. Traditional fabrics or airworthiness standards that would for an STC to modify any other model leathers currently used on seats are result in an unacceptable decrease in included on the same type certificate to excluded from these special conditions. survivability during a cabin fire event. incorporate the same novel or unusual These materials must still comply with design feature, the special conditions §§ 25.853(a) and 25.853(c) if used as a Applicability would also apply to the other model. covering for a seat cushion, or As discussed above, these special Novel or Unusual Design Features § 25.853(a) if installed elsewhere on the conditions are applicable to the Model seat. Non-traditional, large, non-metallic ERJ 170–100 SU series airplanes. The Model ERJ 170–100 SU series panels covered with traditional fabrics Should C&D Zodiac, Inc., apply at a airplanes will incorporate the following or leathers will be tested without their later date for an STC to modify any novel or unusual design features: coverings or covering attachments. other model included on Type These models offer interior Discussion Certificate No. A56NM to incorporate arrangements that include passenger the same novel or unusual design seats that incorporate non-traditional, In the early 1980s, the FAA feature, these special conditions would large, non-metallic panels in lieu of the conducted extensive research on the apply to that model as well. traditional metal frame covered by effects of post-crash flammability in the fabric. The flammability properties of passenger cabin. As a result of this Conclusion these panels have been shown to research and service experience, we This action affects only certain novel significantly affect the survivability of adopted new standards for interior or unusual design features on Embraer occupants of the cabin in the event of surfaces associated with larger surface Model ERJ 170–100 SU series airplanes. fire. These seats are considered a novel area parts. Specifically, the rules require It is not a rule of general applicability design for transport category airplanes measurement of heat release and smoke and affects only the applicant who that include Amendment 25–61 and emission (part 25, Appendix F, parts IV applied to the FAA for approval of these Amendment 25–66 in the certification and V) for the affected parts. Heat features on the airplane. basis, and were not considered when release has been shown to have a direct The substance of these special those airworthiness standards were correlation with post-crash, fire-survival conditions has been subjected to the established. time. The materials that comply with notice and comment period in several The existing regulations do not the standards (i.e., § 25.853, titled prior instances and has been derived provide adequate or appropriate safety ‘‘Compartment Interiors,’’ as amended by without substantive change from those standards for seat designs that Amendments 25–61 and 25–66) previously issued. It is unlikely that

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prior public comment would result in a Issued in Renton, Washington, on August To ensure timely processing of significant change from the substance 18, 2010. comments, the Commission is no longer contained herein. Therefore, because a Jeffrey E. Duven, accepting comments submitted by delay would significantly affect the Acting Manager, Transport Airplanes electronic mail (e-mail) except through certification of the airplane, which is Directorate, Aircraft Certification Service. http://www.regulations.gov. imminent, the FAA has determined that [FR Doc. 2010–21449 Filed 8–26–10; 8:45 am] Written Submissions: Submit written prior public notice and comment are BILLING CODE 4910–13–P submissions in the following way: unnecessary and impracticable, and Mail/Hand delivery/Courier (for good cause exists for adopting these paper, disk, or CD–ROM submissions) special conditions upon issuance. The CONSUMER PRODUCT SAFETY preferably in five copies, to: Office of the FAA is requesting comments to allow COMMISSION Secretary, U.S. Consumer Product interested persons to submit views that Safety Commission, Room 820, 4330 may not have been submitted in [CPSC Docket No. CPSC–2010–0090] East West Highway, Bethesda, Maryland 20814; telephone (301) 504–7923. response to the prior opportunities for 16 CFR Part 1420 comment described above. Instructions: All submissions received must include the agency name and List of Subjects in 14 CFR Part 25 Third Party Testing for Certain Children’s Products; Youth All-Terrain docket number for this notice. All Aircraft, Aviation safety, Reporting Vehicles: Requirements for comments received may be posted and recordkeeping requirements. Accreditation of Third Party without change to http:// The authority citation for these Conformity Assessment Bodies www.regulations.gov, including any special conditions is as follows: personal information provided. Do not AGENCY: Consumer Product Safety submit confidential business Authority: 49 U.S.C. 106(g), 40113, 44701, Commission. information, trade secret information, or 44702, 44704. ACTION: Notice of requirements. other sensitive or protected information The Special Conditions (such as a Social Security Number) SUMMARY: The Consumer Product Safety electronically; if furnished at all, such ■ Accordingly, pursuant to the authority Commission (CPSC or Commission) is information should be submitted in delegated to me by the Administrator, issuing a notice of requirements that writing. the following special conditions are provides the criteria and process for Docket: For access to the docket to issued as part of the supplemental type Commission acceptance of accreditation read background documents or certification basis for Embraer Model of third party conformity assessment comments received, go to http:// ERJ 170–100 SU series airplanes bodies for testing of all-terrain vehicles www.regulations.gov. modified by C&D Zodiac, Inc. (ATVs) designed or intended primarily FOR FURTHER INFORMATION CONTACT: 1. Except as provided in special for children 12 years of age or younger condition number 3, below, compliance Richard McCallion, Program Area Team pursuant to 16 CFR part 1420, the CPSC Leader, Office of Hazard Identification with heat-release and smoke-emission regulations under the Consumer Product testing requirements of § 25.853, and and Reduction, U.S. Consumer Product Safety Act (CPSA) relating to ATVs. The Safety Commission, 10901 Darnestown Appendix F, parts IV and V, is required Commission is issuing this notice of for seats that incorporate non- Road, Gaithersburg, MD 20878; e-mail requirements pursuant to section [email protected]. traditional, large, non-metallic panels 14(a)(3)(B)(vi) of the CPSA (15 U.S.C. that may be either a single component 2063(a)(3)(B)(vi)). SUPPLEMENTARY INFORMATION: or multiple components in a concentrated area in their design. DATES: Effective Date: The requirements I. Introduction 2. The applicant may designate up to for accreditation of third party Section 14(a)(3)(B)(vi) of the CPSA, as and including 1.5 square feet of non- conformity assessment bodies to assess added by section 102(a)(2) of the traditional, non-metallic panel material conformity with 16 CFR part 1420 are Consumer Product Safety Improvement per seat place that does not have to effective August 27, 2010.1 Act of 2008 (CPSIA), Public Law 110– comply with special condition number Comments in response to this notice 314, directs the CPSC to establish and 1, above. A triple-seat assembly may of requirements should be submitted by publish a notice of requirements for have a total of 4.5 square feet excluded September 27, 2010. Comments on this accreditation of third party conformity on any portion of the assembly (e.g., notice should be captioned ‘‘Third Party assessment bodies to assess children’s outboard seat place, 1 square foot; Testing for Certain Children’s Products; products for conformity with ‘‘other middle, 1 square foot; and inboard, 2.5 All-Terrain Vehicles: Requirements for children’s product safety rules.’’ Section square feet). Accreditation of Third Party Conformity 14(f)(1) of the CPSA defines ‘‘children’s 3. Seats do not have to meet the test Assessment Bodies.’’ product safety rule’’ as ‘‘a consumer requirements of part 25, Appendix F, ADDRESSES: You may submit comments, product safety rule under [the CPSA] or parts IV and V, when installed in identified by Docket No. CPSC–2010– similar rule, regulation, standard, or ban compartments that are not otherwise 00_, by any of the following methods: under any other Act enforced by the required to meet these requirements. Electronic Submissions: Submit Commission, including a rule declaring Examples include: electronic comments in the following a consumer product to be a banned a. Airplanes with passenger capacities way: hazardous product or substance.’’ Under of 19 or less, Federal eRulemaking Portal: http:// section 14(a)(3)(A) of the CPSA, each b. Airplanes that do not have § 25.853, www.regulations.gov. Follow the manufacturer (including an importer) or Amendment 25–61 or later, in their instructions for submitting comments. private labeler of products subject to certification basis and do not need to those regulations must have products comply with the requirements of 1 The Commission voted 4–0–1 to publish this that are manufactured more than 90 notice of requirements. Chairman Inez M. § 121.312, and Tenenbaum issued a statement, and the statement days after the establishment and Federal c. Airplanes exempted from § 25.853, can be found at http://www.cpsc.gov/pr/ Register publication of a notice of the Amendment 25–61 or later. statements.html. requirements for accreditation tested by

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a third party conformity assessment determining whether a youth ATV is a assessment bodies (those that are body accredited to do so, and must issue children’s product the Commission will owned, managed, or controlled by a a certificate of compliance with the be guided by the statutory factors listed manufacturer or private labeler of a applicable regulations based on that at section 3(a)(2)(A) through (D) of the children’s product to be tested by the testing. The Commission may extend CPSA. Such a determination will third party conformity assessment body the 90-day period by not more than 60 indicate whether a given Category Y– for certification purposes and that seek days if the Commission determines that 12+ ATV is intended primarily for accreditation under the additional an insufficient number of third party children age 12 or younger, which statutory criteria for ‘‘firewalled’’ conformity assessment bodies have been would necessitate the third party testing conformity assessment bodies); and (3) accredited to permit certification for a and certification requirements in section third party conformity assessment children’s product safety rule. Any 14(a)(2) of the CPSA. (For example, if a bodies owned or controlled, in whole or requests for an extension should contain manufacturer sells a ‘‘Category T’’ ATV, in part, by a government. detailed facts showing why an extension which is generally intended for use by The Commission requires baseline is necessary. a 14 year old operator under adu1t accreditation of each category of third Section 14(a)(2) of the CPSA, as added supervision or by an operator age 16 or party conformity assessment body to the by section 102(a)(2) of the CPSIA, older, it might impact the age range of International Organization for requires that certification be based on the intended primary users of the Standardization (ISO)/International testing of sufficient samples of the Category Y–12+ ATV.) Accordingly, in Electrotechnical Commission (IEC) product, or samples that are identical in determining whether a particular ATV Standard 17025:2005, ‘‘General all material respects to the product. The is a children’s product subject to the Requirements for the Competence of Commission also emphasizes that, third party testing and certification Testing and Calibration Laboratories.’’ irrespective of certification, the product requirements of section 14(a)(2) of the The accreditation must be by an in question must comply with CPSA, the Commission will follow the accrediting body that is a signatory to applicable CPSC requirements (see, e.g., factors set forth in section 3(a)(2) of the the International Laboratory section 14(h) of the CPSA, as added by CPSA and will not rely solely on a Accreditation Cooperation-Mutual section 102(b) of the CPSIA). statement by the manufacturer about the Recognition Arrangement (ILAC–MRA), The Commission also is recognizing ATV’s intended use. and the scope of the accreditation must limited circumstances in which it will The CPSC also recognizes that section include testing in accordance with the accept certifications based on product 14(a)(3)(B)(vi) of the CPSA is captioned regulations identified earlier in part I of testing conducted before the third party ‘‘All Other Children’s Product Safety this document for which the third party conformity assessment body is accepted Rules,’’ but the body of the statutory conformity assessment body seeks to be as accredited by the CPSC. The details requirement refers only to ‘‘other accredited by the CPSC. regarding those limited circumstances children’s product safety rules.’’ (A description of the history and can be found in part IV of this document Nevertheless, section 14(a)(3)(B)(vi) of content of the ILAC–MRA approach and below. the CPSA could be construed as of the requirements of the ISO/IEC This notice provides the criteria and requiring a notice of requirements for 17025:2005 laboratory accreditation process for Commission acceptance of ‘‘all’’ other children’s product safety standard is provided in the CPSC staff accreditation of third party conformity rules, rather than a notice of briefing memorandum ‘‘Third Party assessment bodies for testing pursuant requirements for ‘‘some’’ or ‘‘certain’’ Conformity Assessment Body to 16 CFR part 1420, Requirements for children’s product safety rules. Accreditation Requirements for Testing All Terrain Vehicles, which However, whether a particular rule Compliance with 16 CFR Part 1501 incorporates by reference the applicable represents a ‘‘children’s product safety (Small Parts Regulations),’’ dated provisions of the American National rule’’ may be subject to interpretation, November 2008 and available on the Standard for Four Wheel All-Terrain and the Commission staff is continuing CPSC’s Web site at http://www.cpsc.gov/ Vehicles, ANSI/SVIA 1–2007. Section to evaluate which rules, regulations, library/foia/foia09/brief/smallparts.pdf.) 3(a)(2) of the CPSA defines a children’s standards, or bans are ‘‘children’s The Commission has established an product as ‘‘a consumer product product safety rules.’’ The CPSC intends electronic accreditation registration and designed or intended primarily for to issue additional notices of listing system that can be accessed via ’’ children 12 years of age or younger. requirements for other rules which the its Web site at http://www.cpsc.gov/ Although all-terrain vehicles (ATVs) are Commission determines to be ABOUT/Cpsia/labaccred.html. often for general use (that is, not ‘‘children’s product safety rules.’’ The Commission stayed the produced specifically for use by This notice of requirements applies to enforcement of certain provisions of children), some ‘‘youth ATVs’’ are all third party conformity assessment section 14(a) of the CPSA in a notice ‘‘designed or intended primarily for bodies as described in section 14(f)(2) of published in the Federal Register on children 12 years of age or younger.’’ the CPSA that desire to test all-terrain February 9, 2009 (74 FR 6396). The stay The ANSI/SVIA 1–2007 standard vehicles to the requirements of 16 CFR applied to testing and certification of identifies a usage category of Y (Youth part 1420 where the test results will be various products, including ATVs.2 On Model) ATVs that consists of three used as the basis for a certification that December 28, 2009, the Commission subcategories: (a) Category Y–6+, for ATVs comply with CPSC’s requirements published a notice in the Federal youth model ATVs intended for use by at 16 CFR 1420. Such third party Register (74 FR 68588) revising the children age 6 or older; (b) Category Y– conformity assessment bodies can be terms of the stay. Section II.G of the 10+, for youth model ATVs intended for grouped into three general categories: December 28, 2009, notice stated ‘‘[t]he use by children age 10 or older; and (c) (1) Third party conformity assessment Commission has not yet issued a notice Category Y–12+, for youth model ATVs bodies that are not owned, managed, or of accreditation requirements for * * * intended for use by children age 12 or controlled by a manufacturer or private ATVs so no third-party certificates will older. For the purposes of this notice of labeler of a children’s product to be ‘‘ ’’ requirements, the term youth ATVs at tested by the third party conformity 2 Two mandatory certification requirements a minimum refers to categories Y–6+ assessment body for certification relating to ATVs were not stayed. See 74 FR at and Y–10+ in ANSI/SVIA 1–2007. In purposes; (2) ‘‘firewalled’’ conformity 68592.

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be required until 90 days after the requirements for accreditation of conformity assessment body owned or Commission issues such [a] notice[ ] of firewalled and governmental conformity controlled, in whole or in part, by a requirements.’’ As the factor preventing assessment bodies are described in parts government if: the stay from being lifted in the II.B and II.C of this document below. • To the extent practicable, December 28, 2009 notice with regard to The Commission will maintain on its manufacturers or private labelers testing and certifications of ATVs was Web site an up-to-date listing of the located in any nation are permitted to the absence of a notice of requirements, third party conformity assessment choose conformity assessment bodies publication of this notice has the effect bodies whose accreditations it has that are not owned or controlled by the of lifting the stay with regard to 16 CFR accepted and the scope of each government of that nation; part 1420. accreditation. Subject to the limited • The third party conformity This notice of requirements is provisions for acceptance of assessment body’s testing results are not effective on August 27, 2010. Further, as ‘‘retrospective’’ testing noted in part IV subject to undue influence by any other the publication of this notice of below, once the Commission adds a person, including another governmental requirements effectively lifts the stay of third party conformity assessment body entity; enforcement with regard to testing and to that list, the third party conformity • The third party conformity certifications related to 16 CFR part assessment body may commence testing assessment body is not accorded more 1420, each manufacturer of a youth ATV of children’s products to support the favorable treatment than other third subject to 16 CFR part 1420 must have manufacturer’s certification that the party conformity assessment bodies samples of any such product, or samples product complies with the regulations which have been accredited in the same that are identical in all material respects identified earlier in part I of this nation; • to such product, tested by a third party document. The third party conformity assessment body’s testing results are conformity assessment body accredited B. Additional Accreditation to do so. Further, for youth ATVs accorded no greater weight by other Requirements for Firewalled Conformity governmental authorities than those of manufactured after November 26, 2010, Assessment Bodies the manufacturer must issue a certificate other accredited third party conformity In addition to the baseline assessment bodies; and of compliance with 16 CFR part 1420 • based on that testing. (Under the CPSA, accreditation requirements in part II.A The third party conformity the term ‘‘manufacturer’’ includes of this document above, firewalled assessment body does not exercise conformity assessment bodies seeking anyone who manufactures or imports a undue influence over other accredited status must submit to the product.) governmental authorities on matters This notice of requirements is exempt Commission copies, in English, of their affecting its operations or on decisions from the notice and comment training documents showing how by other governmental authorities rulemaking requirements of the employees are trained to notify the controlling distribution of products Administrative Procedure Act, 5 U.S.C. Commission immediately and based on outcomes of the third party 553 (see section 14(a)(3)(G) of the CPSA, confidentially of any attempt by the conformity assessment body’s added by section 102(a)(2) of the CPSIA manufacturer, private labeler, or other conformity assessments. (15 U.S.C. 2063(a)(3)(G)). interested party to hide or exert undue The Commission will accept the influence over the third party accreditation of a governmental third II. Accreditation Requirements conformity assessment body’s test party conformity assessment body if it A. Baseline Third Party Conformity results. This additional requirement meets the baseline accreditation Assessment Body Accreditation applies to any third party conformity requirements of part II.A of this Requirements assessment body in which a document above and meets the manufacturer or private labeler of a additional conditions stated here. To For a third party conformity children’s product to be tested by the obtain this assurance, CPSC staff will assessment body to be accredited to test third party conformity assessment body engage the governmental entities children’s products for conformity with owns an interest of 10 percent or more. relevant to the accreditation request. the test methods in the regulations While the Commission is not addressing III. How does a third party conformity identified earlier in part I of this common parentage of a third party assessment body apply for acceptance document, it must be accredited by an conformity assessment body and a of its accreditation? ILAC–MRA signatory accrediting body, children’s product manufacturer at this and the accreditation must be registered time, it will be vigilant to see if this The Commission has established an with, and accepted by, the Commission. issue needs to be addressed in the electronic accreditation acceptance and A listing of ILAC–MRA signatory future. registration system accessed via the accrediting bodies is available on the As required by section 14(f)(2)(D) of Commission’s Internet site at http:// Internet at http://ilac.org/membersby the CPSA, the Commission must www.cpsc.gov/about/cpsia/ category.html. The accreditation must formally accept, by order, the labaccred.html. The applicant provides, be to ISO Standard ISO/IEC 17025:2005, accreditation application of a third party in English, basic identifying information General Requirements for the conformity assessment body before the concerning its location, the type of Competence of Testing and Calibration third party conformity assessment body accreditation it is seeking, and Laboratories, and the scope of the can become an accredited firewalled electronic copies of its ILAC–MRA accreditation must expressly include conformity assessment body. accreditation certificate and scope testing to the regulations in 16 CFR part statement, and firewalled third party 1420, Requirements for All Terrain C. Additional Accreditation conformity assessment body training Vehicles. A true copy, in English, of the Requirements for Governmental document(s), if applicable. accreditation and scope documents Conformity Assessment Bodies Commission staff will review the demonstrating compliance with the In addition to the baseline submission for accuracy and requirements of this notice must be accreditation requirements of part II.A completeness. In the case of baseline registered with the Commission of this document above, the CPSIA third party conformity assessment electronically. The additional permits accreditation of a third party bodies and government-owned or

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government-controlled conformity • When the product was tested, the Advancement Act of 1996 (CAAA) to assessment bodies, when that review testing was done by a third party the entitlement and termination and any necessary discussions with the conformity assessment body that at that requirements for Social Security child’s applicant are satisfactorily completed, time was ISO/IEC 17025 accredited by benefits to stepchildren. Under the the third party conformity assessment an ILAC–MRA signatory. For firewalled CAAA, we consider a stepchild as body in question is added to the CPSC’s conformity assessment bodies, the dependent on a stepparent to receive list of accredited third party conformity Commission will not accept a certificate child’s benefits based on the assessment bodies at http:// of compliance based on testing stepparent’s earnings only if the www.cpsc.gov/about/cpsia/ performed by the third party conformity stepchild receives at least one-half labaccred.html. In the case of a assessment body unless the firewalled support from the stepparent. Also, we firewalled conformity assessment body conformity assessment body was terminate a stepchild’s benefits that are seeking accredited status, when the accredited by order as a firewalled based on the stepparent’s earnings if the staff’s review is complete, the staff conformity assessment body before the stepchild’s parent or adoptive parent transmits its recommendation on product was tested, even though the and the stepparent divorce, unless the accreditation to the Commission for order will not have included the test stepparent adopted the stepchild and consideration. (A third party conformity methods in the regulations specified in the stepchild can qualify for benefits as assessment body that may ultimately this notice. the stepparent’s adopted child. • seek acceptance as a firewalled third The third party conformity DATES: This final rule will be effective party conformity assessment body also assessment body’s application for September 27, 2010. can initially request acceptance as a testing using the test methods in the FOR FURTHER INFORMATION CONTACT: third party conformity assessment body regulations identified in this notice is Peter White, Office of Income Security accredited for testing of children’s accepted by the CPSC on or before Programs, Social Security products other than those of its owners.) October 26, 2010. Administration, 6401 Security If the Commission accepts a staff • The product was tested on or after Boulevard, Baltimore, MD 21235–6401, recommendation to accredit a firewalled November 4, 2008 (the date that 16 CFR (410) 594–2041. For information on conformity assessment body, the part 1420 was published), with respect eligibility or filing for benefits, call our Commission will issue an order making to the regulations identified in this national toll-free number, 1–800–772– the required statutory findings and the notice; firewalled conformity assessment body • The accreditation scope in effect for 1213 or TTY 1–800–325–0778, or visit will then be added to the CPSC’s list of the third party conformity assessment our Internet site, Social Security Online, accredited third party conformity body at the time of testing expressly at http://www.socialsecurity.gov. assessment bodies. In each case, the included testing to the regulations SUPPLEMENTARY INFORMATION: Commission will notify the third party identified earlier in part I of this Electronic Version conformity assessment body document. electronically of acceptance of its • The test results show compliance The electronic file of this document is accreditation. All information to with the applicable current standards available on the date of publication in support an accreditation acceptance and/or regulations; and the Federal Register at http:// request must be provided in the English • The third party conformity www.gpoaccess.gov/fr/index.html. language. assessment body’s accreditation, Determining Stepchild Dependency Subject to the limited provisions for including inclusion in its scope the acceptance of ‘‘retrospective’’ testing standards described in part I of this A stepchild may be entitled to receive noted in part IV of this document below, notice, remains in effect through the Social Security child’s benefits based on once the Commission adds a third party effective date for mandatory third party a stepparent’s Social Security earnings conformity assessment body to the list, testing and manufacturer certification record if the stepchild is dependent on the third party conformity assessment for conformity with 16 CFR part 1611. a stepparent and the stepparent is body may begin testing of children’s entitled to Social Security benefits Dated: August 20, 2010. products to support certification of because he or she is disabled, retires, or compliance with the regulations Todd A. Stevenson, dies.1 In those situations, the stepchild’s identified earlier in part I of this Secretary, Consumer Product Safety benefits help replace the lost support document for which it has been Commission. from the stepparent. Prior to the accredited. [FR Doc. 2010–21199 Filed 8–26–10; 8:45 am] CAAA,2 we considered a stepchild to be BILLING CODE 6355–01–P dependent on a stepparent if the IV. Limited Acceptance of Children’s stepchild was either ‘‘living with’’ or Product Certifications Based on Third receiving at least one-half support from Party Conformity Assessment Body SOCIAL SECURITY ADMINISTRATION the stepparent. The CAAA revised the Testing Prior to the Commission’s Social Security Act (Act) so that a Acceptance of Accreditation 20 CFR Part 404 stepchild’s living with a stepparent is The Commission will accept a [Docket No. SSA–2006–0154] not a basis for determining that a certificate of compliance with 16 CFR stepchild is dependent on the part 1420, Requirements for All Terrain RIN 0960–AF78 stepparent.3 Now, we consider a Vehicles, based on testing performed by stepchild to be dependent on a an accredited third party conformity Entitlement and Termination Requirements for Stepchildren stepparent only if the stepchild is assessment body (including a receiving at least one-half support from government-owned or government- AGENCY: Social Security Administration. the stepparent.4 controlled conformity assessment body, ACTION: Final rule. or a firewalled conformity assessment 1 42 U.S.C. 402(d)(1)(C). body) prior to the Commission’s SUMMARY: We are revising our 2 Public Law 104–121. acceptance of its accreditation if all the regulations to reflect changes made in 3 Section 104(a) of the CAAA. following conditions are met: the Contract with America 4 42 U.S.C. 402(d)(4).

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The House Committee on Ways and discusses the new stepchild proposals in final at this time because Means explained that the change dependency rules, which are applicable we now believe that we should change ‘‘would result in the payment of benefits to all stepchildren, and states that ‘‘[in] policy about annulments in the context only to stepchildren who are truly cases of a subsequent divorce * * * of marriage policy, not in regulations dependent on the stepparent for their benefits to stepchildren terminate regarding stepchildren. support, and only as long as the natural ***’’ 9 Although the legislative history Other Revisions parent and stepparent are married. As a also refers to a divorce between a child’s result, other children entitled on the ‘‘natural parent’’ and stepparent, we In the NPRM, we proposed to correct worker’s record will not be interpret the use of the term ‘‘natural a cross-reference in section 404.339 and unnecessarily disadvantaged by parent’’ in the report in the same way we to clarify the section headings in entitlement of stepchildren who have do in our rules—to distinguish the 404.339, 404.363, and 404.364. We are other means of support.’’ 5 stepparent from the other parent in a adopting our proposed revision to the Consequently, we published a notice divorce.10 We do not believe that the section heading in final section 404.363. of proposed rulemaking (NPRM) in the report suggests any basis for excluding We adopted the other proposed Federal Register on August 12, 2003, 68 adopted children of stepparents’ revisions in the final rule we published FR 47877, and proposed to eliminate the spouses from our stepchild rules. at 73 FR 40965 (July 17, 2008). We also reference to the ‘‘living with’’ Finally, several other benefit are adding references to ‘‘an adoptive dependency standard for child’s eligibility sections treat child-parent parent’’ and ‘‘insured stepparent’’ in benefits to stepchildren. We are and adoptive child-parent relationships section 404.352(b)(7) to clarify that we adopting our proposed language, with equally.11 For example, a child can treat child-parent and adoptive child- minor changes for clarity, in final become entitled to child’s benefits if the parent relationships equally. section 404.363. child’s parent or adoptive parent Public Comments marries an insured person who Termination of Child’s Benefits When We gave the public 60 days to the Stepparent Divorces the Parent or subsequently dies or if the stepparent 12 comment on the NPRM. We received Adoptive Parent becomes entitled to benefits. Also, the change to the dependency test discussed three comment letters. We have Although the CAAA requires us to earlier applies the test to both children carefully read and considered each of terminate child’s benefits to a stepchild and adoptive children of the them. They are available for public if the stepparent and the stepchild’s stepparent’s spouse.13 This inclusion of viewing at http://www.regulations.gov. 6 ‘‘natural’’ parent divorce, it did not a child whose parent or adoptive parent Because some of the comments we explicitly state that we should terminate married the insured stepparent is received were detailed, we have a stepchild’s benefits if the stepparent consistent with the definition in our condensed, summarized, and and the stepchild’s adoptive parent existing regulations.14 paraphrased them in the discussion divorce. Nevertheless, we are revising For these reasons, we are adding new below. We address below the issues our rules in final section 404.352(b)(7) final section 404.352(b)(7) to allow us to raised by the commenters that are to clarify that we will terminate child’s terminate child’s benefits to a stepchild within the scope of the NPRM. benefits to a stepchild if the stepparent if the stepparent and the stepchild’s Comment: One commenter expressed and the stepchild’s parent or adoptive parent or adoptive parent divorce. general disagreement with the proposed parent divorce. We believe that there is However, the stepchild may still be changes to stepchild entitlement and clear support for this approach. entitled to child’s benefits if the termination requirements and stated First, the CAAA’s context supports stepparent adopted the stepchild. that stepchildren will ‘‘now have to treating parents and adoptive parents prove something totally irrelevant to get equally in this situation. The CAAA Termination of Child’s Benefits by and keep benefits.’’ states that when a stepchild’s parents Prospective or Ab Initio Marriage Response: Although the comment is divorce, ‘‘each stepparent shall notify Annulments unclear, to the extent that the the Commissioner of Social Security of In the NPRM, we proposed to revise commenter is discussing the stepchild any divorce upon such divorce 20 CFR 404.352 to add a rule about dependency test, we must apply the becoming final * * *’’ 7 We interpret the prospective and ab initio marriage CAAA’s stepchild benefit entitlement use of the terms ‘‘each stepparent’’ and annulments. Specifically, we proposed and termination provisions. The CAAA ‘‘any divorce’’ to include divorces that a prospective marriage annulment specifically provided that living with a between a stepchild beneficiary’s would terminate child’s benefits to a stepparent would no longer be a basis insured stepparent and the stepchild’s stepchild in the month in which a court for finding a stepchild dependent on a parent or adoptive parent. issues the final annulment decree. We stepparent. Now, we consider a Second, the legislative history shows also proposed that an ab initio marriage stepchild to be dependent on a a preference for equal treatment of annulment would terminate child’s stepparent only if the stepchild is children and adopted children under benefits to a stepchild in the month receiving at least one-half support from the stepchild benefit rules. A report by before the month in which a court the stepparent. The one-half support the House Committee on Ways and issues a final annulment decree. requirement existed prior to the CAAA Means suggests that Congress did not However, we are not adopting these and is not a new requirement. intend to treat children and adopted Comment: Two commenters children differently.8 The report 9 Id. expressed concern that we will apply 10 See, for example, 20 CFR 404.355. our proposed child’s benefit termination 5 H.R. Rep. No. 104–379 at 14 (1995), as reprinted 11 See, for example, sections 202(d)(1), 202(d)(3), rules for annulments retroactively and in 1995 WL 717402. 202(d)(8), and 216(e) of the Act (42 U.S.C. 402(d)(1), collect overpayments from stepchildren 6 Section 104(b) of the CAAA, amending section 402(d)(3), 402(d)(8), and 416(e)). affected by this rule. They commented 12 202(d)(1) of the Act (42 U.S.C. 402(d)(1)). See section 202(d)(1) of the Act; see also 20 that we should not penalize families 7 Section 104(b)(2) of the CAAA, adding section CFR 404.357. 202(d)(10) to the Act (42 U.S.C. 402(d)(10)). 13 Section 202(d)(4) of the Act (42 U.S.C. who relied on the regulations in effect 8 H.R. Rep. 104–872 at 36 (1996), as reprinted in 402(d)(4)). at the time of the stepparent’s disability 1996 WL 760037. 14 20 CFR 404.363, referencing 20 CFR 404.357. or death and that we should waive any

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resulting overpayments. One commenter § 404.352 When does my entitlement to DATES: This rule is effective: recommended that we clarify that an child’s benefits begin and end? 1. August 27, 2010 for 21 CFR annulment ab initio will not affect the * * * * * 510.600(c), 520.2043, and 522.533. eligibility for child’s benefits to (b) * * * 2. September 7, 2010 for 21 CFR stepchildren prior to annulments. One (7) With the month in which the 520.580. of these commenters asked us to notify divorce between your parent (including families affected by this final rule. an adoptive parent) and the insured FOR FURTHER INFORMATION CONTACT: Response: As we stated above, we are stepparent becomes final if you are David R. Newkirk, Center for Veterinary not adopting our proposed rules about entitled to benefits as a stepchild and Medicine (HFV–100), Food and Drug ab initio or prospective marriage the marriage between your parent Administration, 7500 Standish Pl., annulments at this time. (including an adoptive parent) and the Rockville, MD 20855, 240–276–8307, insured stepparent ends in divorce. e-mail: [email protected]. Regulatory Procedures * * * * * SUPPLEMENTARY INFORMATION: Church & Executive Order 12866 ■ 3. Amend § 404.363 by revising the Dwight Co., Inc., 469 North Harrison St., We have consulted with the Office of section heading and introductory text to Princeton, NJ 08543–5297, has informed Management and Budget (OMB) and read as follows: FDA that it has transferred ownership determined that this final rule meets the of, and all rights and interest in, NADA § 404.363 When is a stepchild dependent? criteria for a significant regulatory 101–497 and NADA 101–498 for oral action under Executive Order 12866. If you are the insured’s stepchild, as capsules containing dichlorophene and Thus, OMB reviewed it. defined in § 404.357, we consider you toluene, and ANADA 200–028 for an dependent on him or her if you were oral suspension of pyrantel pamoate to Regulatory Flexibility Act receiving at least one-half of your Pegasus Laboratories, Inc., 8809 Ely Rd., We certify that this final rule will not support from him or her at one of these Pensacola, FL 32514. Accordingly, the have a significant economic impact on times— agency is amending the regulations in a substantial number of small entities * * * * * 21 CFR 520.2043 to reflect the transfer because it affects only individual [FR Doc. 2010–21341 Filed 8–26–10; 8:45 am] of ownership. persons. Therefore, the Regulatory BILLING CODE 4191–02–P Peptech Animal Health Pty, Ltd., 19– Flexibility Act, as amended, does not 25 Khartoum Rd., Macquarie Park, New require us to develop a regulatory South Wales 2113, Australia, has flexibility analysis. DEPARTMENT OF HEALTH AND informed FDA that it has transferred Paperwork Reduction Act HUMAN SERVICES ownership of, and all rights and interest in, NADA 141–044 for subcutaneous This final rule does not impose Food and Drug Administration implants containing deslorelin acetate reporting or recordkeeping requirements to Dechra, Ltd., Dechra House, Jamage subject to OMB clearance. 21 CFR Parts 510, 520, and 522 Industrial Estate, Talke Pits, Stoke-on- (Catalog of Federal Domestic Assistance [Docket No. FDA–2010–N–0002] Trent, Staffordshire, ST7 1XW, United Program Nos. 96.001 Social Security- Kingdom. Accordingly, the agency is Disability Insurance; 96.002 Social Security- New Animal Drugs; Change of amending the regulations in 21 CFR Retirement Insurance; 96.004 Social Security- Sponsor; Withdrawal of Approval of Survivors Insurance) 522.533 to reflect the transfer of New Animal Drug Applications; ownership and a current format. List of Subjects in 20 CFR Part 404 Deslorelin Acetate; Dichlorophene and Following these changes of Administrative practice and Toluene Capsules; Pyrantel Pamoate sponsorship, Pegasus Laboratories, Inc., procedure; Blind; Disability benefits; Suspension has requested that FDA withdraw Old-Age, Survivors and Disability AGENCY: Food and Drug Administration, approval of the two NADAs for Insurance; Reporting and recordkeeping HHS. dichlorophene and toluene capsules requirements; Social Security. because they are no longer ACTION: Final rule. Dated: June 7, 2010. manufactured or marketed. In a notice published elsewhere in this issue of the Michael J. Astrue, SUMMARY: The Food and Drug Federal Register, FDA gave notice that Commissioner of Social Security. Administration (FDA) is amending the animal drug regulations to reflect a approval of NADA 101–497 and 101– ■ For the reasons stated in the preamble, change of sponsor for a new animal drug 498, and all supplements and we are amending 20 CFR part 404 application (NADA) from Peptech amendments thereto, is withdrawn, subpart D as set forth below: Animal Health Pty, Ltd. to Dechra, Ltd. effective September 7, 2010. As provided in the regulatory text of this PART 404—FEDERAL OLD-AGE, and for an abbreviated new animal drug document, the agency is amending the SURVIVORS AND DISABILITY application (ANADA) from Church & regulations in 21 CFR 520.580 to reflect INSURANCE (1950– ) Dwight Co., Inc., to Pegasus Laboratories, Inc. In addition, FDA is these withdrawals of approval. Subpart D—[Amended] removing those portions of the Also, following these changes of regulations that reflect approval of two sponsorship, Church & Dwight Co., Inc., ■ 1. The authority citation for subpart D other NADAs transferred from Church & and Peptech Animal Health Pty, Ltd., of part 404 continues to read as follows: Dwight Co., Inc., to Pegasus are no longer sponsors of an approved Authority: Secs. 202, 203(a) and (b), 205(a), Laboratories, Inc., for which voluntary application. Accordingly, 21 CFR 216, 223, 225, 228(a)–(e), and 702(a)(5) of the withdrawal of approval was requested 510.600(c) is being amended to remove Social Security Act (42 U.S.C. 402, 403(a) after the change of sponsorship. In a the entries for these firms. and (b), 405(a), 416, 423, 425, 428(a)–(e), and notice published elsewhere in this issue This rule does not meet the definition 902(a)(5)). of the Federal Register, FDA is of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because ■ 2. Amend § 404.352 by adding withdrawing approval of these two it is a rule of ‘‘particular applicability.’’ paragraph (b)(7) to read as follows: NADAs. Therefore, it is not subject to the

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congressional review requirements in 5 (c) Conditions of use in horses and involving the export of an item on the U.S.C. 801–808. ponies—(1) Amount. One implant per U.S. Munitions List, valued at mare subcutaneously in the neck. $7,000,000 or more for use by the armed List of Subjects (2) Indications for use. For inducing forces of a foreign country (42 FR 41631, 21 CFR Part 510 ovulation within 48 hours in estrous dated August 18, 1977). Also, § 124.06, mares with an ovarian follicle greater entitled, ‘‘Approval of proposals for Administrative practice and than 30 millimeters in diameter. technical assistance and manufacturing procedure, Animal drugs, Labeling, (3) Limitations. Do not use in horses license agreements,’’ was amended to Reporting and recordkeeping or ponies intended for human require similar prior approval with requirements. consumption. Federal law restricts this respect to proposals and presentations 21 CFR Parts 520 and 522 drug to use by or on the order of a for technical assistance and licensed veterinarian. manufacturing license agreements Animal drugs. Dated: August 23, 2010. involving the production or assembly of ■ Therefore, under the Federal Food, significant combat equipment. Drug, and Cosmetic Act and under the Bernadette Dunham, ‘‘Proposals to foreign persons relating authority delegated to the Commissioner Director, Center for Veterinary Medicine. to significant military equipment’’ of Food and Drugs and redelegated to [FR Doc. 2010–21296 Filed 8–26–10; 8:45 am] became § 126.8 in a final rule effective the Center for Veterinary Medicine, 21 BILLING CODE 4160–01–S January 1, 1985 (49 FR 47682, dated CFR parts 510, 520, and 522 are December 6, 1984). Section 126.8 did amended as follows: not require prior approval of the DEPARTMENT OF STATE Department of State when the proposed PART 510—NEW ANIMAL DRUGS sale was to the armed forces of a 22 CFR Parts 124, 125, 126, and 129 member of the North Atlantic Treaty ■ 1. The authority citation for 21 CFR [Public Notice: 7134] Organization (NATO), Australia, Japan, part 510 continues to read as follows: or New Zealand, except with respect to RIN 1400–AC62 Authority: 21 U.S.C. 321, 331, 351, 352, manufacturing license agreements or 353, 360b, 371, 379e. technical assistance agreements. Amendment to the International Traffic A prior notification requirement, § 510.600 [Amended] in Arms Regulations: Removing instead of prior approval, was added to Requirement for Prior Approval for ■ § 126.8 in a final rule effective March 2. In § 510.600, in the table in Certain Proposals to Foreign Persons paragraph (c)(1), remove the entries for 31, 1985 (50 FR 12787, dated April 1, Relating to Significant Military 1985). Prior notification to the ‘‘Church & Dwight Co., Inc.’’ and Equipment ‘‘Peptech Animal Health Pty, Ltd.’’; and Department of State was required 30 in the table in paragraph (c)(2), remove AGENCY: Department of State. days in advance of a proposal or presentation to any foreign person the entries for ‘‘010237’’ and ‘‘064288’’. ACTION: Final rule. where such proposals or presentations PART 520—ORAL DOSAGE FORM SUMMARY: The Department of State is concerned equipment previously NEW ANIMAL DRUGS amending the International Traffic in approved for export. Arms Regulations (ITAR) to remove the The current § 126.8 requires prior ■ 3. The authority citation for 21 CFR requirements for prior approval or prior approval or prior notification for certain part 520 continues to read as follows: notification for certain proposals to proposals and presentations to make a Authority: 21 U.S.C. 360b. foreign persons relating to significant determination whether to purchase military equipment. significant military equipment valued at § 520.580 [Amended]. $14,000,000 or more (other than a DATES: Effective Date: This rule is member of NATO, Australia, New ■ effective August 27, 2010. 4. In paragraph (b)(1) of § 520.580, Zealand, Japan, or South Korea), or ‘‘ ’’ remove 010237, . FOR FURTHER INFORMATION CONTACT: whether to enter into a manufacturing Director Charles Shotwell, Office of § 520.2043 [Amended] license agreement or technical Defense Trade Controls Policy, assistance agreement for the production ■ 5. In paragraph (b)(2) of § 520.2043, Department of State, Telephone (202) or assembly of significant military remove ‘‘010237’’ and in its place add 663–2792 or Fax (202) 261–8199; E-mail equipment, regardless of dollar value. ‘‘055246’’. [email protected]. ATTN: These types of proposals and Regulatory Change, Section 126.8. presentations usually involve large PART 522—IMPLANTATION OR SUPPLEMENTARY INFORMATION: In dollar amounts. Before the defense INJECTABLE DOSAGE FORM NEW accordance with the President’s Export industry undertakes the effort involved ANIMAL DRUGS Control Reform effort, on March 29, in formulating its proposals and 2010, the Department published a presentations, if there is any doubt that ■ 6. The authority citation for 21 CFR Notice of Proposed Rulemaking (NPRM) the corresponding license application or part 522 continues to read as follows: to eliminate the requirements for prior proposed agreement would be Authority: 21 U.S.C. 360b. approval or prior notification for certain authorized by the Department of State, ■ 7. In § 522.533, revise the section proposals to foreign persons relating to the industry may request an advisory heading and paragraph (b), add significant military equipment at § 126.8 opinion (see § 126.9). The written paragraph (c), and remove paragraph (d) of the ITAR. Effective September 1, advisory opinion, though not binding on to read as follows: 1977, the Department of State amended the Department, helps inform the § 123.16 to require Department of State defense industry whether the § 522.533 Deslorelin. approval before a proposal or Department would likely grant a license * * * * * presentation is made that is designed to application or proposed agreement. (b) Sponsor. See No. 043264 in constitute the basis for a decision to Currently, the time between submitting § 510.600(c) of this chapter. purchase significant combat equipment, a license application or proposed

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agreement and obtaining a decision of any defense article, technology, or whittling away at the definition of from the Department of State whether to service. Nor are we lessening scrutiny proposal. Another alternative authorize such transactions has been over prohibited/restricted destinations recommended was elimination of decreased sufficiently that requiring (§ 126.1(e) remains in place). Rather, we § 126.8, but replacement with an prior approval or prior notification for are eliminating the requirement for exemption. We note that exemptions are proposals is unnecessary and imposes reviewing an export transaction twice, used to exempt transactions from an administrative burden on industry. which we consider to be a redundant licensing requirements when they References to § 126.8 have been burden on industry and government. would otherwise apply. If we eliminate removed at §§ 124.1(a), 125.4(a), 126.13, One commenting party stated that the § 126.8, there would be no requirement 129.7(e), and 129.8(c). change would ‘‘limit or eliminate the from which the exporter would require The Proposed Rule had a comment President’s ability to remain informed of exemption. Therefore, the period ending May 28, 2010. Three ‘negotiations’ * * * ’’ in contravention recommendation is rejected. parties filed comments by May 28 of the spirit of § 2778(a)(3) of the Arms Finally, we disagree with the recommending changes. Having Export Control Act (AECA). Our commenting party’s allegation that by thoroughly reviewed and evaluated the experience from a practical day-to-day this action DDTC would ‘‘abandon its comments and the recommended review of exports gives us a different authority to implement § 2778(a)(3) of changes, the Department has perspective. We note that advance the AECA.’’ Since the operative language determined that it will, and hereby notice of pending export transactions was that the ‘‘President may require that does, adopt the Proposed Rule, with was a meaningful concept in the days persons engaged in the negotiation of minor edits, and promulgates it as a when the average license processing defense articles and services keep the Final Rule. The Department’s evaluation time was over 60 days. But when the President fully and currently informed of the written comments and average processing time is of the progress and future prospects of recommendations follows. approximately 15 days, it is easier and such negotiations,’’ this is a Comment Analysis faster to review the export transaction discretionary authority. Practical (e.g., manufacturing licensing experience has demonstrated that the One commenting party commended agreement) as a whole rather than prior notification/approval requirement the proposed change as removing an piecemeal. With the challenge of over is an unnecessary burden on industry unnecessary and redundant licensing 84,000 licenses per year, a requirement without adding any information of value burden, without suggesting any changes. to review export transactions (in effect) to DDTC’s review of exports. One commenting party supported the twice is an unnecessary burden that proposed change, but recommended provides the executive branch with Regulatory Analysis and Notices certain ‘‘clerical’’ changes to other parts effectively no advance notice. Most Administrative Procedure Act of the ITAR for purposes of consistency. importantly, the requirement to obtain a This amendment involves a foreign Specifically, § 126.1(e) requires the license or other authorization before Directorate of Defense Trade Controls’ affairs function of the United States and, passing ITAR controlled technical data therefore, is not subject to the (DDTC) written approval or a license remains in place, placing a significant prior to a proposal to sell defense procedures contained in 5 U.S.C. 553 limitation on the content of and 554. articles or services to any country negotiations. Furthermore, we will covered in that section (i.e., restricted maintain the § 126.1(e) requirement of Regulatory Flexibility Act destinations). The commenting party notice for proposed transactions with Since this amendment is not subject suggested the definition of ‘‘proposal’’ in restricted destinations, where in most to 5 U.S.C. 553, it does not require § 126.8(b) be incorporated into cases there would be a presumption analysis under the Regulatory § 126.1(e). We believe the incorporation against the export. Flexibility Act. of the § 126.8(b) definition of ‘‘proposal’’ The same commenting party also could confuse exporters, potentially advised that an unintended Unfunded Mandates Reform Act of 1995 encouraging ‘‘preliminary discussions’’ consequence of the change is the This amendment does not involve a with prohibited destinations. Therefore, ‘‘elimination of any recordkeeping mandate that will result in the we do not support that change. We do, requirements’’ for proposals. We do not expenditure by State, local, and tribal however, concur with this commenting agree, since the § 126.8 requirement to governments, in the aggregate, or by the party’s recommendation that we delete report certain proposals is an obligation private sector, of $100 million or more the references to § 126.8 in §§ 124.1(a), separate and independent from in any year and it will not significantly 125.4(a), and 129.7(e). This has been recordkeeping requirements. It will or uniquely affect small governments. accomplished in our proposed change to continue to be good practice to maintain Therefore, no actions were deemed § 124.1(a). Appropriate changes to records of such transactions for an necessary under the provisions of the § 125.4(a) and § 129.7(e) have been appropriate duration in compliance Unfunded Mandates Reform Act of added to this notice. with § 122.5, particularly to rebut any 1995. One commenting party expressed post hoc allegations that ITAR concern that the elimination of the prior controlled technical data were Small Business Regulatory Enforcement notification requirement would transferred without a license or Fairness Act of 1996 contravene ‘‘the fundamental goals of authorization. This amendment has been found not the ITAR’’ through arms deals furthering The same commenting party to be a major rule within the meaning the persecution of individuals, denial of recommended alternatively that § 126.8 of the Small Business Regulatory human rights, terrorism, and genocide, be retained, but the definition of Enforcement Fairness Act of 1996. with special concern about foreign ‘‘proposal’’ in § 126.8(b) be expanded to military sales. We note at the outset that better define what constitutes ‘‘sufficient Executive Orders 12372 and 13132 foreign military sales are not controlled detail.’’ For the reasons already This amendment will not have by the ITAR, as opposed to direct mentioned above, we believe that substantial direct effects on the States, commercial sales. We also note that we elimination of § 126.8 altogether is on the relationship between the national are not lessening control over the export simpler and less confusing than government and the States, or on the

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distribution of power and Authority: Secs. 2, 38, and 71, Pub. L. 90– § 125.4 Exemptions of general responsibilities among the various 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, applicability. 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 levels of government. Therefore, in (a) The following exemptions apply to accordance with Executive Order 13132, Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105–261. exports of technical data for which it is determined that this amendment approval is not needed from the does not have sufficient federalism ■ 2. Section 124.1 is amended by Directorate of Defense Trade Controls. implications to require consultations or revising paragraph (a) to read as follows: The exemptions, except for paragraph warrant the preparation of a federalism summary impact statement. The § 124.1 Manufacturing license agreements (b)(13) of this section, do not apply to regulations implementing Executive and technical assistance agreements. exports to proscribed destinations under Order 12372 regarding (a) Approval. The approval of the § 126.1 of this subchapter or for persons intergovernmental consultation on Directorate of Defense Trade Controls considered generally ineligible under Federal programs and activities do not must be obtained before the defense § 120.1(c) of this subchapter. The apply to this amendment. services described in § 120.9(a) of this exemptions are also not applicable for subchapter may be furnished. In order purposes of establishing offshore Executive Order 12866 to obtain such approval, the U.S. person procurement arrangements or producing This amendment is exempt from must submit a proposed agreement to defense articles offshore (see § 124.13), review under Executive Order 12866, the Directorate of Defense Trade except as authorized under § 125.4(c). but has been reviewed internally by the Controls. Such agreements are generally Transmission of classified information Department of State to ensure characterized as manufacturing license must comply with the requirements of consistency with the purposes thereof. agreements, technical assistance the Department of Defense National agreements, distribution agreements, or Executive Order 12988 Industrial Security Program Operating off-shore procurement agreements, and Manual (unless such requirements are The Department of State has reviewed may not enter into force without the in direct conflict with guidance the proposed amendments in light of prior written approval of the Directorate provided by the Directorate of Defense sections 3(a) and 3(b)(2) of Executive of Defense Trade Controls. Once Trade controls, in which case the latter approved, the defense services Order 12988 to eliminate ambiguity, guidance must be followed) and the described in the agreements may minimize litigation, establish clear legal exporter must certify to the transmittal standards, and reduce burden. generally be provided without further licensing in accordance with §§ 124.3 authority that the technical data does Executive Order 13175 and 125.4(b)(2) of this subchapter. The not exceed the technical limitation of the authorized export. The Department of State has requirements of this section apply determined that this rulemaking will whether or not technical data is to be * * * * * not have tribal implications, will not disclosed or used in the performance of impose substantial direct compliance the defense services described in PART 126—GENERAL POLICIES AND costs on Indian tribal governments, and § 120.9(a) of this subchapter (e.g., all the PROVISIONS will not pre-empt tribal law. information relied upon by the U.S. Accordingly, the requirement of Section person in performing the defense ■ 5. The authority citation for part 126 5 of Executive Order 13175 does not service is in the public domain or is continues to read as follows: apply to this rulemaking. otherwise exempt from licensing Authority: Secs. 2, 38, 40, 42 and 71, Pub. requirements of this subchapter Paperwork Reduction Act L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, pursuant to § 125.4 of this subchapter). 2780, 2791 and 2797); E.O. 11958, 42 FR This rule does not impose any new This requirement also applies to the 4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. reporting or recordkeeping requirements training of any foreign military forces, 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR subject to the Paperwork Reduction Act, regular and irregular, in the use of 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, 44 U.S.C. Chapter 35. defense articles. Technical assistance Pub. L. 108–375. agreements must be submitted in such List of Subjects cases. In exceptional cases, the § 126.8 [Removed and Reserved] 22 CFR Parts 124 and 129 Directorate of Defense Trade Controls, upon written request, will consider ■ 6. Section 126.8 is removed and Arms and munitions, Exports, approving the provision of defense reserved. Technical assistance. services described in § 120.9(a) of this ■ 7. Section 126.13 is amended by subchapter by granting a license under 22 CFR Part 125 revising paragraph (a) introductory text part 125 of this subchapter. Arms and munitions, Exports. to read as follows: * * * * * 22 CFR Part 126 § 126.13 Required information. PART 125—LICENSES FOR THE Arms and munitions, Exports. EXPORT OF TECHNICAL DATA AND (a) All applications for licenses (DSP– ■ Accordingly, for the reasons set forth CLASSIFIED DEFENSE ARTICLES 5, DSP–61, DSP–73, and DSP–85), all above, Title 22, Chapter I, Subchapter requests for approval of agreements and M, parts 124, 125, 126, and 129 are ■ 3. The authority citation for part 125 amendments thereto under part 124 of amended as follows: is revised to read as follows: this subchapter, and all requests for Authority: Secs. 2 and 38, Pub. L. 90–629, written authorizations must include a PART 124—AGREEMENTS, OFF- 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. letter signed by a responsible official SHORE PROCUREMENT AND OTHER 11958, 42 FR 4311; 3 CFR, 1977 Comp. p.79; empowered by the applicant and DEFENSE SERVICES 22 U.S.C. 2651a. addressed to the Directorate of Defense ■ 1. The authority citation for part 124 ■ 4. Section 125.4 is amended by Trade Controls, stating whether: is revised to read as follows: revising paragraph (a) to read as follows: * * * * *

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PART 129—REGISTRATION AND corporation or a U.S. Government data to an employee of a U.S. LICENSING OF BROKERS agency, to a U.S. person employed by Government agency outside the United that U.S. corporation or to a U.S. States, as well as what steps the U.S. ■ 8. The authority citation for part 129 Government agency outside the United manufacturer would take to ensure that is revised to read as follows: States under certain specified 22 CFR 125.4(b)(9)(i)–(ii) are met. The Authority: Sec. 38, Pub. L. 104–164, 110 circumstances reflected in 22 CFR U.S. corporation (in compliance with 22 Stat. 1437, (22 U.S.C. 2778). 125.4(b)(9)(i) through (iii) (74 FR CFR part 122) is able to use the 61292). This amendment will add after exemption to send (orally or via e-mail) § 129.7 [Amended] the word ‘‘information’’ the words ‘‘and technical data to a U.S. person ’’ ■ regardless of media or format. Also, the employed by a U.S. Government agency 9. Section 129.7 is amended by words ‘‘sent by a U.S. corporation to a outside the United States, so long as the removing paragraph (e). U.S. person employed by that U.S. company takes reasonable § 129.8 [Amended] corporation overseas or to a U.S. precautions to ensure that conditions in ■ 10. Section 129.8 is amended by Government agency’’ has been replaced 22 CFR 125.4(b)(9)(i) through (ii) are removing paragraph (c). by ‘‘sent or taken by a U.S. person who met: is an employee of a U.S. corporation or 1. The technical data will be used Dated: August 18, 2010. a U.S. Government agency to a U.S. outside of the United States solely by Ellen O. Tauscher, person employed by that corporation or U.S. persons; and Under Secretary, Arms Control and to a U.S. Government agency outside the 2. The U.S. person outside of the International Security, Department of State. United States.’’ Thus, the exemption United States is employed by a U.S. [FR Doc. 2010–21451 Filed 8–26–10; 8:45 am] will explicitly allow hand carrying Government agency. BILLING CODE 4710–25–P technical data by a U.S. person Two commenting parties employed by a U.S. corporation or a recommended that it be explicit that the U.S. Government agency to a U.S. technical data could be for ‘‘personal DEPARTMENT OF STATE person employed by that U.S. use’’ by the U.S. person claiming the corporation or to a U.S. Government exemption. That recommendation was 22 CFR Part 125 agency outside the United States, as not adopted since it introduced [Public Notice: 7135] long as certain criteria in §§ 125.4(b)(9) uncertainty about uses beyond those and 125.4(b)(9)(i)–(iii) are met. The related to employment. RIN 1400–AC59 word ‘‘overseas’’ will be replaced by One commenting party pointed out ‘‘ ’’ that when technical data is exported Amendment to the International Traffic outside the United States at §§ 125.4(b)(9), 125.4(b)(9)(i), from a U.S. port using an exemption, the in Arms Regulations: Export ITAR does not require the report of such Exemption for Technical Data 125.4(b)(9)(ii), and 125.4(b)(9)(iii). Also, § 125.4(b)(9)(iii) will be amended to add an export using the Automated Export AGENCY: Department of State. the words ‘‘or taken’’ after the word System (AES); instead, the exporter is to provide electronic notification directly ACTION: Final rule. ‘‘sent.’’ As stated in 22 CFR 125.4(a), this exemption does not apply to exports to to the Directorate of Defense Trade SUMMARY: The Department of State is proscribed destinations under 22 CFR Controls (DDTC) (see 22 CFR amending the International Traffic in 126.1. 123.22(b)(3)(iii)). The commenting party Arms Regulations (ITAR) to clarify an The Proposed Rule had a comment recommended that if the system to exemption for technical data. The period ending January 25, 2010. Nine electronically file directly to DDTC is clarification is that the exemption parties filed comments by January 25 not going to be implemented, then covers technical data, regardless of recommending changes. Having DDTC should arrange for AES to be the media or format, sent or taken by a U.S. thoroughly reviewed and evaluated the reporting mechanism. The commenting person who is an employee of a U.S. comments and the recommended party also recommended that if corporation or a U.S. Government changes, the Department has classified technical data is being agency to a U.S. person employed by determined that it will, and hereby exported under the provisions of the that U.S. corporation or to a U.S. does, adopt the Proposed Rule, with Department of Defense National Government agency outside the United minor edits, and promulgates it as a Industrial Security Program Operating States. Final Rule. The Department’s evaluation Manual, an Electronic Export Information should be filed within AES. DATES: Effective Date: This rule is of the written comments and For exports of technical data using effective August 27, 2010. recommendations follows: exemptions, there is no system to FOR FURTHER INFORMATION CONTACT: Comment Analysis electronically file directly to DDTC. Director Charles Shotwell, Office of One commenting party recommended DDTC is reviewing carefully the Defense Trade Controls Policy, that ‘‘sent or taken’’ be changed to ‘‘sent, possibility of having all exports of Department of State, Telephone (202) taken or accessed.’’ This technical data using an exemption be 663–2792 or Fax (202) 261–8199; E-mail recommendation was deemed not reported using an Electronic Export [email protected]. ATTN: necessary since it is implied the U.S. Information within Census Bureau’s Regulatory Change, Section 125.4. person who is an employee of a U.S. Automated Export System. SUPPLEMENTARY INFORMATION: On corporation or the U.S. person who is an Two commenting parties November 24, 2009, the Department employee of a U.S. Government agency recommended the exemption at published a Notice of Proposed taking the technical data outside of the § 125.4(b)(9) be expanded so the Rulemaking (NPRM) to add language United States may access the technical exporter would be a U.S. person who is clarifying 22 CFR 125.4(b)(9) to allow data. an employee of any entity, organization, technical data, including classified One commenting party inquired or group incorporated or organized to do information, and regardless of media or whether a U.S. corporation business in the United States. Also, the format, sent or taken by a U.S. person (manufacturer) could use the exemption recipient would be a U.S. person who is an employee of a U.S. to send (orally or via e-mail) technical employed by that entity, organization,

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or group. Consequently, another expenditure by State, local, and tribal List of Subjects in 22 CFR Part 125 recommendation is to revise governments, in the aggregate, or by the § 125.4(b)(9)(ii) to state ‘‘the U.S. person private sector, of $100 million or more Arms and munitions, Classified outside the United States is an in any year and it will not significantly information, Exports. employee of the U.S. Government or is or uniquely affect small governments. ■ Accordingly, for the reasons set forth directly employed by the same U.S. Therefore, no actions were deemed above, Title 22, Chapter I, Subchapter entity, organization, or group and not by necessary under the provisions of the M, part 125 is amended as follows: a foreign subsidiary; and * * *.’’ The Unfunded Mandates Reform Act of commenting party recommended that 1995. PART 125—LICENSES FOR THE the exemption include accredited Small Business Regulatory Enforcement EXPORT OF TECHNICAL DATA AND institutions of higher learning in the CLASSIFIED DEFENSE ARTICLES United States in order to facilitate Fairness Act of 1996 research. This recommendation was not This proposed amendment has been ■ 1. The authority citation for part 125 adopted because the Department prefers found not to be a major rule within the is revised to read as follows: narrowing this exemption to an exporter meaning of the Small Business that is a U.S. person who is an employee Regulatory Enforcement Fairness Act of Authority: Secs. 2 and 38, Pub. L. 90–629, of a U.S. corporation or a U.S. 1996. 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. Government agency, and a recipient 11958, 42 FR 4311; 3 CFR, 1977 Comp. p.79; Executive Orders 12372 and 13132 outside the United States that is a U.S. 22 U.S.C. 2651a. person employed by that U.S. This proposed amendment will not corporation or U.S. Government agency. have substantial direct effects on the ■ 2. Section 125.4 is amended by The narrowing of this exemption affords States, on the relationship between the revising paragraphs (b)(9) to read as more control of the technical data. national government and the States, or follows: One commenting party recommended on the distribution of power and the exemption be expanded at responsibilities among the various § 125.4 Exemptions of general applicability. § 125.4(b)(9) to include recipients that levels of government. Therefore, in are a U.S. prime contractor or U.S. accordance with Executive Order 13132, * * * * * subcontractor of that U.S. corporation. it is determined that this amendment (b) * * * Consequently, another recommendation does not have sufficient federalism (9) Technical data, including is to revise § 125.4(b)(9)(ii) to state, ‘‘If implications to require consultations or classified information, and regardless of the U.S. person outside the United warrant the preparation of a federalism media or format, sent or taken by a U.S. States is an employee of the U.S. summary impact statement. The person who is an employee of a U.S. Government or is directly employed by regulations implementing Executive the U.S. corporation and not by a Order 12372 regarding corporation or a U.S. Government foreign subsidiary, or is directly intergovernmental consultation on agency to a U.S. person employed by employed by the U.S. corporation’s U.S. Federal programs and activities do not that U.S. corporation or to a U.S. prime contractor or U.S. subcontractor, apply to this amendment. Government agency outside the United and not a foreign subsidiary, provided States. This exemption is subject to the the U.S. prime contractor’s or U.S. Executive Order 12866 limitations of § 125.1(b) of this subcontractor’s employee is a U.S. This proposed amendment is exempt subchapter and may be used only if: person.’’ Expanding the recipients to a from review under Executive Order (i) The technical data is to be used U.S. person employed by the U.S. 12866, but has been reviewed internally outside the United States solely by a corporation’s U.S. prime contractor or by the Department of State to ensure U.S. person; U.S. subcontractor allows the exemption consistency with the purposes thereof. to become unwieldy as to the recipient (ii) The U.S. person outside the responsible for the technical data. Executive Order 12988 United States is an employee of the U.S. One commenting party recommended The Department of State has reviewed Government or is directly employed by the proposed amendment without any the proposed amendments in light of the U.S. corporation and not by a changes because it explicitly addressed sections 3(a) and 3(b)(2) of Executive foreign subsidiary; and technical data that is hand carried Order 12988 to eliminate ambiguity, (iii) The classified information is sent outside of the United States. minimize litigation, establish clear legal or taken outside the United States in Regulatory Analysis and Notices standards, and reduce burden. accordance with the requirements of the Administrative Procedure Act Executive Order 13175 Department of Defense National The Department of State has Industrial Security Program Operating This amendment involves a foreign Manual (unless such requirements are affairs function of the United States and, determined that this rulemaking will not have tribal implications, will not in direct conflict with guidance therefore, is not subject to the provided by the Directorate of Defense procedures contained in 5 U.S.C. 553 impose substantial direct compliance Trade Controls, in which case the latter and 554. costs on Indian tribal governments, and will not pre-empt tribal law. guidance must be followed). Regulatory Flexibility Act Accordingly, the requirement of Section * * * * * 5 of Executive Order 13175 does not Since this amendment is not subject Dated: August 18, 2010. to 5 U.S.C. 553, it does not require apply to this rulemaking. Ellen O. Tauscher, analysis under the Regulatory Paperwork Reduction Act Flexibility Act. Under Secretary, Arms Control and This proposed rule does not impose International Security, Department of State. Unfunded Mandates Reform Act of 1995 any new reporting or recordkeeping [FR Doc. 2010–21450 Filed 8–26–10; 8:45 am] This amendment does not involve a requirements subject to the Paperwork BILLING CODE 4710–25–P mandate that will result in the Reduction Act, 44 U.S.C. Chapter 35.

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DEPARTMENT OF AGRICULTURE Administrative Procedure Act DATES: Effective Date: August 27, 2010. We find good cause to waive notice FOR FURTHER INFORMATION CONTACT: Forest Service and comment on this correction, under Roscoe Butler, Acting Director, Business 5 U.S.C. 533(b)(3)(B), and also the 30- Policy, Chief Business Office (163), 36 CFR Part 242 day delay in effective date, under 5 Veterans Health Administration, U.S.C. 553(d). Notice and comment are Department of Veterans Affairs, 810 DEPARTMENT OF THE INTERIOR unnecessary because this correction Vermont Avenue, NW., Washington, DC does not alter the substance of the rule. 20420, (202) 461–1586. (This is not a Fish and Wildlife Service Instead it corrects a nonsensical error. toll free number). Therefore, we publish this correction as SUPPLEMENTARY INFORMATION: Current 38 50 CFR Part 100 a final rule and make it effective upon CFR 17.36(d)(4) provides that ‘‘veterans publication. who were notified by VA letter that they [Docket No. FWS–R7–SM–2009–0001; were enrolled in the VA healthcare 70101–1261–0000L6] Correction system under the trial VA enrollment ■ In FR Doc. 10–15195, appearing on program prior to October 1, 1998, RIN 1018–AW30 page 37918 in the Federal Register of automatically will be enrolled in the VA Wednesday, June 30, 2010, the healthcare system under this section.’’ Subsistence Management Regulations following correction is made: We are removing this paragraph because for Public Lands in Alaska—2010–11 ■ On page 37918, in the first column, all of the veterans in the 1998 trial and 2011–12 Subsistence Taking of the DATES section of the final rule is enrollment program have been Wildlife Regulations; Subsistence corrected to read as follows: accounted for and the program has been Taking of Fish on the Yukon River discontinued. Therefore, the paragraph Regulations; Correction DATES: Sections ll.24(a)(1), ll.25, and ll.26 are effective July 1, 2010. is no longer relevant. Current § 17.36(d)(5)(i) provides that a AGENCIES: Forest Service, Agriculture; Section ll.27(i)(3)(xiii)(A) and (B) is veteran enrolled in the VA healthcare Fish and Wildlife Service, Interior. effective March 1, 2011, through March 31, 2011. system will be disenrolled only if ‘‘[t]he ACTION: Final rule; correction. veteran submits to a VA medical center Authority: 16 U.S.C. 3, 472, 551, 668dd, or the VA Health Eligibility Center, 1644 SUMMARY: On June 30, 2010, we 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. Tullie Circle, Atlanta, Georgia 30329, a 1733. published a final rule that, among other signed document stating that the veteran things, established regulations related to Dated: August 20, 2010. no longer wishes to be enrolled.’’ We are the taking of wildlife for subsistence Sara Prigan, making two changes to this provision. uses in Alaska during the period 2010– Federal Register Liaison, U.S. Fish and First, this final rule prescribes that the 12. We inadvertently made effective Wildlife Service. veteran must sign and date the date errors, which we correct with this Dated: August 20, 2010. document. This is necessary to ensure document. Steve Kessler, that the document reflects the veteran’s DATES: This correction is effective Subsistence Program Leader, USDA—Forest current intent. Second, the final rule August 27, 2010. Service. updates the address for the VA Health FOR FURTHER INFORMATION CONTACT: Sara [FR Doc. 2010–21405 Filed 8–26–10; 8:45 am] Eligibility Center. Prigan, Federal Register Liaison, U.S. BILLING CODE 3410–11–P; 4310–55–P Current § 17.36(d)(5)(iii) provides that Fish and Wildlife Service, 703–358– a veteran enrolled in the VA healthcare 2508. system will be disenrolled only if ‘‘[a] DEPARTMENT OF VETERANS VA network or facility Director, or the SUPPLEMENTARY INFORMATION: On June AFFAIRS Deputy Under Secretary for Health for 30, 2010, the Departments of Operations and Management or Chief, Agriculture and the Interior published a 38 CFR Part 17 Health Administration Service or final rule establishing regulations for equivalent official at a VA medical seasons, harvest limits, methods, and RIN 2900–AN76 facility, or Director, Health Eligibility means related to taking of wildlife for Disenrollment Procedures Center, * * * determines that the subsistence uses in Alaska during the veteran failed to return [a completed VA 2010–11 and 2011–12 regulatory years AGENCY: Department of Veterans Affairs. Form 10–10EZ] to the address on the (75 FR 37918). This rule also revised ACTION: Final rule. return envelope within 60 days from customary and traditional use receipt of the form.’’ We are removing determinations and the regulations SUMMARY: This document makes paragraph (d)(5)(iii) in order to conform defining size limitations for gillnet mesh technical amendments to the with current VA practice, which does used for harvesting salmon in the Yukon Department of Veterans Affairs (VA) not disenroll veterans based on their River drainage. We inadvertently made regulation concerning enrollment and failure to file VA Form 10–10EZ. errors in the DATES section, which we disenrollment from the VA medical care Current practice is reflected in current correct with this document. system. It removes the ‘‘automatic paragraph (d)(3)(iv). Removing Because of a typographical error, the enrollment’’ provision relevant to a 1998 paragraph (d)(5)(iii) also eliminates any second sentence of the DATES caption of trial enrollment program that has been potential for conflict or ambiguity the final rule became nonsensical: It discontinued. It also amends the between paragraphs (d)(3)(iv) and stated that a paragraph would be regulation to reflect current VA practice (d)(5)(iii). effective April 1, 2011, through March and to update the address for Finally, we are revising § 17.36(f) to 31, 2011. The sentence should have read documents mailed to the VA Health remove the reproduced image of the as follows: Section ll.27(i)(3)(xiii)(A) Eligibility Center. Finally, it provides an 1998 version of VA Form 10–10EZ, and (B) is effective March 1, 2011, internet address for accessing VA Form which has been superseded by the 2009 through March 31, 2011. 10–10EZ online. version of the form. Rather than

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reproduce an image of the form in the jobs, the environment, public health or electronically as an official document of CFR, we will provide a link to the VA safety, or state, local, or tribal the Department of Veterans Affairs. John Web site where the current form is governments or communities; (2) create R. Gingrich, Chief of Staff, Department available for printing, downloading, or a serious inconsistency or otherwise of Veterans Affairs, approved this online submission. The form is also interfere with an action taken or document on August 19, 2010, for available at any VA medical center. This planned by another agency; (3) publication. change will ensure that the CFR does materially alter the budgetary impact of List of Subjects in 38 CFR Part 17 not reference and depict an out-of-date entitlements, grants, user fees, or loan form. programs or the rights and obligations of Administrative practice and recipients thereof; or (4) raise novel procedure; Alcohol abuse; Alcoholism; Administrative Procedure Act legal or policy issues arising out of legal Claims; Day care; Dental health; Drug VA finds, in accordance with 5 U.S.C. mandates, the President’s priorities, or abuse; Government contracts; Grant 533(b)(3)(A) of the Administrative the principles set forth in the Executive programs—health; Grant programs— Procedure Act (APA), that this final rule Order. Veterans; Health care; Health facilities; relates solely to agency organization, The economic, interagency, Health professions; Health records; procedure, or practice. Therefore, the budgetary, legal, and policy Homeless; Mental health programs; provisions of the APA regarding notice implications of this final rule have been Nursing homes; Philippines, Reporting of the proposed rulemaking and examined and it has been determined and recordkeeping requirements; opportunity for public participation are not to be a significant regulatory action Veterans. not applicable. under Executive Order 12866. Dated: August 23, 2010. Unfunded Mandates Regulatory Flexibility Act Robert C. McFetridge, The Unfunded Mandates Reform Act The Secretary hereby certifies that Director, Regulations Policy and of 1995 requires, at 2 U.S.C. 1532, that this final rule will not have a significant Management, Office of the General Counsel, agencies prepare an assessment of economic impact on a substantial Department of Veterans Affairs. anticipated costs and benefits before number of small entities as they are ■ For the reasons set forth in the issuing any rule that may result in an defined in the Regulatory Flexibility preamble, 38 CFR part 17 is amended as expenditure by state, local, and tribal Act, 5 U.S.C. 601–612. This final rule follows: governments, in the aggregate, or by the concerns only VA organization, private sector, of $100 million or more procedure, or practice, specifically with PART 17—MEDICAL (adjusted annually for inflation) in any respect to enrollment and disenrollment ■ 1. The authority citation for part 17 given year. This final rule would have of VA beneficiaries, and will not have continues to read as follows: no such effect on state, local, and tribal a significant economic impact on governments, or on the private sector. healthcare providers, suppliers, or other Authority: 38 U.S.C. 501, 1721, and as noted in specific sections. entities since only a small portion of the Paperwork Reduction Act ■ business of such entities concerns VA 2. Amend 17.36 by: ■ Although 38 CFR 17.36, which this beneficiaries. Therefore, pursuant to 5 a. Removing and reserving paragraph final rule amends, contains provisions U.S.C. 605(b), this final rule is exempt (d)(4). ■ constituting collections of information from the initial and final regulatory b. In paragraph (d)(5), introductory under the provisions of the Paperwork flexibility analysis requirements of text, removing ‘‘or (d)(4)’’. ■ Reduction Act of 1995 (44 U.S.C. 3501– sections 603 and 604. c. Revising paragraph (d)(5)(i). 3521), the amendments establish no ■ d. In paragraph (d)(5)(ii), removing ‘‘; new or proposed revised collections of Catalog of Federal Domestic Assistance or’’ and adding, in its place, a period. information. The information collection The Catalog of Federal Domestic ■ e. Removing paragraph (d)(5)(iii). provisions for § 17.36 are currently Assistance numbers and titles for the ■ f. Revising paragraph (f). approved by OMB and have been programs affected by this document are The revisions and addition read as assigned OMB control number 2900– 64.005, Grants to States for Construction follows: 0091. of State Home Facilities; 64.007, Blind § 17.36 Enrollment—provision of hospital Rehabilitation Centers; 64.008, Veterans Executive Order 12866 and outpatient care to veterans. Domiciliary Care; 64.009, Veterans Executive Order 12866 directs * * * * * Medical Care Benefits; 64.010, Veterans (d) * * * agencies to assess all costs and benefits Nursing Home Care; 64.011, Veterans of available regulatory alternatives and, (5) * * * Dental Care; 64.012, Veterans (i) The veteran submits to a VA when regulation is necessary, to select Prescription Service; 64.013, Veterans regulatory approaches that maximize Medical Center or to the VA Health Prosthetic Appliances; 64.014, Veterans Eligibility Center, 2957 Clairmont Road, net benefits (including potential State Domiciliary Care; 64.015, Veterans economic, environmental, public health NE., Suite 200, Atlanta, Georgia 30329– State Nursing Home Care; 64.016, 1647, a signed and dated document and safety, and other advantages; Veterans State Hospital Care; 64.018, distributive impacts; and equity). The stating that the veteran no longer wishes Sharing Specialized Medical Resources; to be enrolled; or Executive Order classifies a regulatory 64.019, Veterans Rehabilitation Alcohol action as a ‘‘significant regulatory and Drug Dependence; 64.022, Veterans * * * * * action,’’ requiring review by OMB unless Home Based Primary Care. (f) VA Form 10–10EZ. Copies of VA OMB waives such review, if it is a Form 10–10EZ are available at any VA regulatory action that is likely to result Signing Authority medical center and at https:// in a rule that may: (1) Have an annual The Secretary of Veterans Affairs, or www.1010ez.med.va.gov/sec/vha/ effect on the economy of $100 million designee, approved this document and 1010ez/. or more or adversely affect in a material authorized the undersigned to sign and * * * * * way the economy, a sector of the submit the document to the Office of the [FR Doc. 2010–21297 Filed 8–26–10; 8:45 am] economy, productivity, competition, Federal Register for publication BILLING CODE 8320–01–P

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DEPARTMENT OF HEALTH AND in § 424.57(a) as an entity or individual, • Is for use in the home. HUMAN SERVICES including a physician or Part A Examples of DMEPOS supplies include provider, that sells or rents Part B items such as blood glucose monitors, Centers for Medicare & Medicaid covered DMEPOS items to Medicare hospital beds, nebulizers, oxygen Services beneficiaries that meet the DMEPOS delivery systems, and wheelchairs. supplier standards. This final rule Prosthetic devices are included in the 42 CFR Part 424 applies to all DMEPOS suppliers and definition of ‘‘medical and other health [CMS–6036–F] amends the DMEPOS supplier standards services’’ under section 1861(s)(8) of the set forth at § 424.57(c). Those Act. Prosthetic devices are defined in RIN 0938–AO90 individuals or entities that do not this section of the Act as ‘‘devices (other furnish DMEPOS items but furnish than dental) which replace all or part of Medicare Program; Establishing other types of health care services only an internal body organ (including Additional Medicare Durable Medical (for example, physician services or colostomy bags and supplies directly Equipment, Prosthetics, Orthotics, and nurse practitioner services) would not related to colostomy care), including Supplies (DMEPOS) Supplier be subject to this requirement. A replacement of such devices, and Enrollment Safeguards supplier that furnishes durable medical including one pair of conventional AGENCY: Centers for Medicare & equipment, prosthetics, orthotics, and eyeglasses or contact lenses furnished Medicaid Services (CMS), HHS. suppliers (DMEPOS) is one category of subsequent to each cataract surgery with ACTION: Final rule. supplier. Other supplier categories may insertion of an intraocular lens.’’ Other include, for example, physicians, nurse examples of prosthetic devices include SUMMARY: This final rule will clarify, practitioners, and physical therapists. If cardiac pacemakers, cochlear implants, expand, and add to the existing a supplier, such as a physician or electrical continence aids, electrical enrollment requirements that Durable physical therapist, also provides nerve stimulators, and tracheostomy Medical Equipment and Prosthetics, DMEPOS to a patient, then the supplier speaking valves. Orthotics, and Supplies (DMEPOS) is also considered to be a DMEPOS Section 1861(s)(9) of the Act provides suppliers must meet to establish and supplier. The term ‘‘DMEPOS’’ for the coverage of ‘‘leg, arm, back, and maintain billing privileges in the encompasses the types of items neck braces, and artificial legs, arms, Medicare program. included in the definition of medical and eyes, including replacement of DATES: These regulations are effective equipment and supplies in section required because of a change in the on September 27, 2010. 1834(j)(5) of the Act. patient’s physical condition.’’ As FOR FURTHER INFORMATION CONTACT: In FY 2007, the Medicare program indicated by section 1834(h)(4)(C) of the Barry Bromberg, (410) 786–9953 for spent more than $10 billion for Act, these items are often referred to as general issues, on-site inspections, DMEPOS supplies, and in March 2008, ‘‘orthotics and prosthetics.’’ Under maintaining ordering and referring there were 113,154 individual DMEPOS section 1834(h)(4)(B) of the Act, documentation, and hours of operation. suppliers. However, due to the prosthetic devices do not include Kimberly McPhillips, (410) 786–5374 affiliation of some DMEPOS suppliers parenteral and enteral nutrition for issues related to compliance with with chains, there were 65,984 unique nutrients and implantable items payable applicable laws, appropriate sites, direct billing numbers. The largest under section 1833(t) of the Act.’’ solicitation, oxygen suppliers, and concentrations of DMEPOS suppliers Section 1861(s)(5) of the Act includes prohibition on sharing a practice were located in five States: California ‘‘surgical dressings, splints, casts, and location. (approximately 9 percent), Texas other devices used for reduction of (approximately 7 percent), Florida fractures and dislocation’’ as one of the SUPPLEMENTARY INFORMATION: (approximately 7 percent), New York ‘‘medical and other health services’’ that I. Background (approximately 6 percent) and is covered by Medicare. Other items that Pennsylvania (approximately 5 percent). A. General Overview may be furnished by suppliers would We believe that approximately 20 include (among others): Medicare services are furnished by percent of the DMEPOS suppliers are • Prescription drugs used in two types of entities, providers, and located in rural areas throughout the immunosuppressive therapy furnished suppliers. At § 400.202, the term United States and that the vast majority to an individual who receives an organ ‘‘provider’’ is defined as a hospital, a of DMEPOS suppliers are small entities transplant for which payment is made critical access hospital (CAH), a skilled (based on Medicare reimbursement under this title, and that are furnished nursing facility (SNF), a comprehensive alone). within a certain time period after the outpatient rehabilitation facility (CORF), The term ‘‘durable medical date of the transplant procedure as a home health agency (HHA), or a equipment’’ is defined at section 1861(n) noted at section 1861(s)(2)(j) of the Act. hospice that has in effect an agreement of the Act. This definition, in part, • Extra-depth shoes with inserts or to participate in Medicare, or a clinic, a excludes from coverage as DMEPOS, custom molded shoes with inserts for an rehabilitation agency, or a public health items furnished in SNFs and hospitals. individual with diabetes as listed at agency that has in effect a similar Also, the term DMEPOS is included in section 1861(s)(12) of the Act. agreement but only to furnish outpatient the definition of ‘‘medical and other • Home dialysis supplies and physical therapy or speech pathology health services’’ in section 1861(s)(6) of equipment, self-care home dialysis services, or a community mental health the Act. Furthermore, the term is support services, and institutional center that has in effect a similar defined in § 414.202 as equipment dialysis services and supplies included agreement but only to furnish partial furnished by a supplier or a HHA that— at section 1861(s)(2)(F) of the Act. hospitalization services. The term • Can withstand repeated use; • Oral drugs prescribed for use as an ‘‘provider’’ is also defined in sections • Is primarily and customarily used anticancer therapeutic agent as specified 1861(u) and 1866(e) of the Social to serve a medical purpose; in section 1861(s)(2)(Q) of the Act. Security Act (the Act). • Generally is not useful to an • Self-administered erythropoietin as For purposes of the DMEPOS supplier individual in the absence of an illness described in section 1861(s)(2)(O) of the standards, the term ‘‘supplier’’ is defined or injury; and Act.

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The National Supplier Clearinghouse 33) amended section 1834 of the Act to to providers and suppliers under the (NSC) is the Center for Medicare & require that certain Medicare supplies of Medicare program as established by Medicaid Services’ (CMS) designated durable medical equipment, prosthetics, Title XVIII of the Act. national enrollment contractor for and supplies (DMEPOS) to furnish CMS II. Provisions of the Proposed Rule DMEPOS suppliers. The primary with a surety bond in an amount not functions of the NSC are to: (1) Ensure less than $50,000. In the January 25, 2008 Federal that only qualified suppliers of • Section 4313 of the BBA amended Register (73 FR 4503), we published a DMEPOS are enrolled or remain sections 1124(a)(1) and 1124A of the Act proposed rule that clarified, revised, enrolled in the Medicare program; to require disclosure of both the and added to the DMEPOS supplier (2) process enrollment application in Employer Identification Number (EIN) standards in § 424.57. timely and accurate manner; and and Social Security Number (SSN) of In § 424.57(c)(1), we proposed to (3) take the necessary actions to revoke each provider or supplier, each person revise this supplier standard by adding enrolled suppliers who no longer meet with ownership or control interest in language to clarify that a DMEPOS supplier standards. the provider or supplier, any supplier must be licensed to provide subcontractor in which the provider or licensed service(s) and cannot contract B. Statutory Authority supplier directly or indirectly has a 5 with an individual or entity to provide Various sections of the Act and the percent or more ownership interest, and the licensed service(s). regulations require providers and any managing employees including The purpose of this standard is to suppliers to furnish information Directors and Board Members of ensure that DMEPOS suppliers obtain concerning the amounts due and the corporations and non-profit and maintain the necessary State identification of individuals or entities organizations and charities. The ‘‘Report licenses required to furnish the services that furnish medical services to to Congress on Steps Taken to Assure provided to Medicare beneficiaries. In beneficiaries before payment can be Confidentiality of Social Security addition, we believe that each DMEPOS made. The following is an overview of Account Numbers as Required by the supplier is responsible for determining the sections that grant this authority: Balanced Budget Act’’ was signed by the what licenses are required to operate a • Sections 1102 and 1871 of the Act Secretary and sent to the Congress on DMEPOS supplier’s business. While the provide general authority for the January 26, 1999. This report outlines NSC maintains information regarding Secretary of Health and Human Services the provisions of a mandatory collection State licensure laws, we do not believe (the Secretary) to prescribe regulations of SSNs and EINs effective on or after that the NSC is responsible for notifying for the efficient administration of the April 26, 1999. any supplier of what licenses are Medicare program. Under this authority, • Section 31001(i)(1) of the Debt required or that any changes have this final rule will require the collection Collection Improvement Act of 1996 occurred in the State licensing of information from providers and (DCIA) (Pub. L. 104–134) amended requirements. We believe that we are suppliers for the purpose of enrolling in section 7701 of 31 U.S.C. by adding enrolling DMEPOS suppliers, not third the Medicare program and granting paragraph (c) to require that any person party agents that subcontract their privileges to bill the program for health or entity doing business with the operations to suppliers that are not care services furnished to Medicare Federal Government must provide their enrolled or cannot enroll in the beneficiaries. Tax Identification Number (TIN). Medicare program. Therefore, to ensure • Sections 1814(a), 1815(a), and • Section 936(a) of the Medicare that only qualified suppliers are 1833(e) of the Act require the Prescription Drug, Improvement, and enrolled or maintain enrollment in the submission of information necessary to Modernization Act of 2003 (MMA) (Pub. Medicare program, we maintain that a determine the amounts due a provider L. 108–173) amended section 1866 of DMEPOS supplier must be licensed to or other person. the Act by adding a new subsection provide licensed service(s) and cannot • Section 1834(j)(1)(A) of the Act (j)(1) to require the Secretary to establish contract with an individual or entity to states that no payment may be made for a process for the enrollment of providers provide the licensed service(s). items furnished by a supplier of medical of services and suppliers. In § 424.57(c)(7), we proposed to equipment and supplies unless such • Section 302(a)(1) of MMA amended clarify the supplier standard for supplier obtains (and renews at such the Act to require the Secretary to maintaining a physical facility on an intervals as the Secretary may require) develop quality standards for DMEPOS appropriate site. Specially, we proposed a supplier number. In order to obtain a suppliers. to clarify the term, ‘‘appropriate site.’’ In supplier billing number, a supplier must • Section 154(b) of the MIPPA addition, we stated that an ‘‘appropriate comply with certain supplier standards amended the Act to establish a deadline site’’ applies to ‘‘closed door’’ businesses, as identified by the Secretary. for DMEPOS accreditation. (such as pharmacies/suppliers • Section 1842(r) of the Act requires Section 6405(a) of the Affordable Care providing services only to beneficiaries CMS to establish a system for furnishing Act (ACA) requires that in order for residing in a nursing home). We also a unique identifier for each physician payment for services to be made, a solicited comments on whether we who furnishes services for which physician who orders DME for should establish a minimum square payment may be made. To complete individuals must be a Medicare footage requirement to the definition of this, we need to collect information participating physician enrolled under an appropriate site and what, if any, unique to that physician. section 1866(j) of the Act or an eligible appropriate exceptions would apply to • Section 1862(e)(1) of the Act states professional under section 1848(k)(3)(B) a minimum square footage requirement. that no payment may be made when an of the Act that is enrolled under section The supplier location must be item or service was at the medical 1866(j) of the Act. accessible during posted business hours direction of an individual or entity that We are authorized to collect to beneficiaries and to CMS, and must is excluded in accordance with sections information on the Medicare enrollment maintain a visible sign and posted hours 1128, 1128A, 1156, or 1842(j)(2) of the application (that is, the CMS–855, of operation. We believe that all Act. (Office of Management and Budget DMEPOS suppliers must have a • Section 4312 of the Balanced (OMB) approval number 0938–0685)) to permanent, durable sign that is visible Budget Act of 1997 (BBA) (Pub. L. 105– ensure that correct payments are made at the main entrance of the facility and

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positioned so that it is visible to the the policy and notify the NSC in writing and maintain this standard, we believe public, including customers using within 30 days of any policy changes or that DMEPOS suppliers who are wheelchairs. cancellations. supplying oxygen must contract with a In § 424.57(c)(8), we proposed to In § 424.57(c)(11), we proposed to supplier licensed by the State to provide clarify this provision by revising (c)(8) revise this supplier standard to clarify them with oxygen. Obviously, this to read as follows: ‘‘Permits CMS, the that suppliers cannot directly solicit standard does not apply when the State NSC, or agents of CMS or the NSC to patients, which includes, but is not does not license oxygen suppliers. We conduct on-site inspections to ascertain limited to, a prohibition on telephone, understand that in certain areas, supplier compliance with the computer e-mail or instant messaging, DMEPOS suppliers may obtain oxygen requirements of this section.’’ If the NSC coercive response Internet advertising from oxygen suppliers in other States. or its agents are unable to perform a site on sites unrelated to DMEPOS products, However, when a DMEPOS supplier is visit during a supplier’s posted business or in-person contacts. We also proposed located in a State where licensure is hours, the NSC would deny billing that DMEPOS supplier may only contact required, then they must obtain their privileges for prospective applicants or the Medicare beneficiary under the oxygen from a State-licensed oxygen would revoke the billing privileges of current provisions at § 424.57(c)(11)(i) supplier, regardless of which State the DMEPOS suppliers enrolled in the through (iii). We believe that if CMS or oxygen supplier obtained their Medicare program. the NSC through on-site inspection licensure. We believe that this standard In § 424.57(c)(9), we proposed to obtains or develops evidence that a would help to protect Medicare revise this supplier standard to exclude DMEPOS supplier has made prohibited beneficiaries and promote quality in the the use of cell phones and beepers/ contacts with Medicare beneficiaries in furnishing of oxygen. pagers as a method of receiving calls or violation of the provisions found in this In § 424.57(c)(28), we proposed a new using ‘‘call forwarding’’ to forward a call section that CMS or the NSC may revoke supplier standard that states that the to a cell phone or beeper/pager from the that supplier’s billing privileges, and supplier is required to maintain public or beneficiaries during the may determine if such billing may be for ordering and referring documentation, supplier’s posted hours of operation. We fraudulent or unnecessary supplies. including the National Provider maintain that DMEPOS suppliers who In § 424.57(c)(12), we proposed to Identifier, received from a physician, are utilizing cell phones, call revise the provision to clarify its intent. nurse practitioner, physician assistant, forwarding, beeper numbers, pagers, Specifically, we proposed that a clinical social worker, or certified nurse answering services or other methods to DMEPOS supplier: (1) Is responsible for midwife, for 7 years after the claim has receive telephone calls in a location maintaining proof of the delivery in the been paid. We maintain that a DMEPOS other than the place of business for beneficiary’s file; (2) must furnish supplier should retain the necessary business calls during their posted hours information to beneficiaries at the time ordering and referring documentation of operations are not in compliance with of delivery of items as to how the received from physicians, nurse this standard and that DMEPOS beneficiary can contact the supplier by practitioners, physician assistants, suppliers who exclusively use telephone; (3) must provide the clinical social workers, or certified answering machines or answering beneficiary with instructions on how to nurse midwives to assure themselves services during their posted hours of safely and effectively use the equipment that coverage criterion for an item has operations are not in compliance with or contract this service to a qualified been met. If the information in the this standard. Therefore, we revised this individual; (4) is responsible for patient’s medical record does not standard to read, ‘‘Maintains a primary providing instruction on the safe and adequately support the medical business telephone that is operating at effective use of the equipment that necessity for the item, the supplier is the appropriate site listed under the should be completed at the time of liable for the dollar amount involved name of the business locally or toll-free delivery; and (5) must document that unless a properly executed Advance for beneficiaries. The use of cellular this instruction has taken place. Our Beneficiary Notice of possible denial phones, beeper numbers, and pagers as proposal was based on the belief that a has been obtained. the primary business phone is DMEPOS supplier is solely responsible In § 424.57(c)(29), we proposed a new prohibited. Additionally, DMEPOS for delivery of Medicare-covered items standard that specifies that the supplier suppliers are prohibited from and for instruction on the use of those is prohibited from sharing a practice forwarding calls from the primary items. While we believe that a DMEPOS location with another Medicare business telephone listed under the supplier may choose to contract out the supplier. In addition, we solicited name of the business to a cellular delivery of Medicare-covered items to comments on whether we should phone, or a beeper/pager. The exclusive another individual or entity, the establish an exception to this space use of answering machines, answering DMEPOS supplier has ultimate sharing proposal for physicians and services or facsimile machine (or responsibility for ensuring delivery in nonphysician practitioners and the combination of these options) cannot be accordance with this standard and for circumstances which warrant an used as the primary business telephone maintaining all necessary exception since we are aware that during posted operating hours.’’ documentation to demonstrate that the physicians and other licensed In § 424.57(c)(10), we proposed to beneficiary received the Medicare- nonphysician practitioners may obtain revise this provision to specify that the covered item and appropriate their own DMEPOS supplier number DMEPOS supplier has a comprehensive instructions for its use. We believe that and furnish DMEPOS from their office. liability insurance policy in the amount our revised interpretation of this section We believe that allowing a DMEPOS of at least $300,000 per incident that will help to ensure that instructions for supplier to commingle its practice covers both the supplier’s place of the safe and appropriate use of products location with another DMEPOS supplier business and all customers and will be given to beneficiaries. effectively limits the ability of CMS and employees of the supplier and ensures In § 424.57(c)(27), we proposed a new the NSC to ensure that each DMEPOS that insurance policy must remain in standard that specified that the supplier meets all of the supplier force at all times. In addition, we DMEPOS supplier must obtain oxygen standards specified at § 424.57. Since proposed that a DMEPOS supplier must from a State-licensed oxygen supplier. we are aware that physicians and other list the NSC as a certificate holder on To ensure that DMEPOS suppliers meet licensed nonphysician practitioners

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may obtain their own DMEPOS supplier that § 424.57(d)(2) is necessary because licensing requirements for his or her number and furnish DMEPOS from their some DMEPOS suppliers fail to report business. During the enrollment and office, we solicited comments on adverse legal actions and felony reenrollment process the NSC verifies whether we should establish an convictions to the NSC within the 30 that the DMEPOS supplier is in exception to this space sharing proposal days of the reportable event. Since it is compliance with all applicable State for physicians and nonphysician essential that DMEPOS suppliers notify licensing requirements. practitioners and the circumstances the NSC of all adverse legal actions and Comment: Several commenters which warrant an exception. felony convictions within 30 days of the supported requiring DMEPOS suppliers In § 424.57(c)(30), we proposed a new reportable event, we believe that it is to be licensed for all services they supplier standard that would require a essential to establish this new provision. provide and that DMEPOS suppliers DMEPOS supplier to be open to the This new provision would allow the should not be allowed to contract out public a minimum of 30 hours per CMS, the NSC, or a designated Medicare for these services. In addition, one week, except for those DMEPOS contractor the authority to assess and commenter stated that the changes suppliers who are working with custom- collect an overpayment from the time of proposed to the licensure requirement made or fitted orthotics and prosthetics. the reportable event. In addition, the for Medicare suppliers are necessary We believe that most legitimate CMS, the NSC, or a designated CMS and beneficial. DMEPOS suppliers are open to the contractor would revoke the DMEPOS Response: We agree and are revising public for more than 40 hours per week supplier’s Medicare billing privileges, in § 424.57(c)(1)(ii)(C) to address the and that all legitimate DMEPOS would accordance with § 424.57(d)(1), if the commenters’ concern regarding need to be open a minimum of at least legal adverse action or felony conviction contracting out of services. In addition, 30 hours per week in order to attract, precludes participation in or payment this requirement applies to the retain, and serve Medicare beneficiaries. from the Medicare program. competitive bidding program as Given that Medicare beneficiaries may governed by part 414, subpart F. not be able to find transportation during III. Analysis of and Responses to Public Comment: A commenter believes that limited operating hours, the DMEPOS Comments because of the complexity of State supplier must be open and available for In the January 25, 2008 Federal licensing requirements, it is too severe periods long enough for beneficiaries to Register (73 FR 4503), we published a to revoke all billing numbers when readily access their facility. We believe proposed rule that clarified, revised, licensing requirements are not met in that most legitimate DMEPOS suppliers and added to the DMEPOS supplier only one State. are open to the public for more than 40 standards in § 424.57. Response: We do not believe that hours per week and that all legitimate We received 208 timely comments in there are any exceptions to State DMEPOS would need to be open a response to the proposed rule. In this licensing requirements, unless the State minimum of at least 30 hours per week section of the final rule we present a in which the DMEPOS supplier in order to attract, retain, and serve summary of our proposals and address furnishes services provides for such an Medicare beneficiaries. To ensure that the comments received on these exception, and that exception does not DMEPOS suppliers are able to report proposals. conflict with Federal law. Moreover, any change in their posted business while a DMEPOS supplier can enroll hours, we are proposing to revise the A. Clarifications and Revisions of using a single tax identification number CMS–855S Medicare enrollment Existing DMEPOS Supplier Standards (TIN) for one or more practice locations, application to accommodate this 1. Licensure Requirements a DMEPOS supplier also may obtain proposed change. different TINs for each practice location. In § 424.57(c)(31), we proposed to add In § 424.57(c)(1), we proposed to If the DMEPOS supplier makes the a new supplier standard that specified revise this supplier standard by adding business decision to enroll multiple that a DMEPOS supplier could not have language to clarify that a DMEPOS practice locations under the same TIN, Internal Revenue Service (IRS) or a State supplier must be licensed to provide a revocation by the NSC of this TIN will taxing authority tax delinquency. We licensed service(s) and cannot contract necessitate the revocation of related also proposed to define a ‘‘tax with an individual or entity to provide businesses associated with that TIN. delinquency’’ as meaning an amount of the licensed service(s). These licensed Comment: One commenter stated that money owed to the United States or a services include but are not limited to restricting licensed professionals to W– State: a conviction or civil judgment for supplying oxygen or a general DMEPOS 2 employees likely will increase overall tax evasion, a criminal or civil charge of license. operating expenses and requested that tax evasion, or the filing of a tax lien. Comment: A commenter believes the we clarify that licensed professionals In § 424.57(d), we proposed to NSC should maintain and make may be hired as either part-time or full- redesignate the current text as paragraph available, a list of each State’s licensing time employees. (d)(1) and proposed adding a new requirements. Response: We agree and have revised paragraph that specified that ‘‘CMS, the Response: The National Supplier § 424.57(c)(1)(ii) to clarify that the NSC, or CMS designated contractor Clearinghouse (NSC) does maintain licensed professionals must be part-time establishes a Medicare overpayment information regarding State licensure or full-time employees. from the date of an adverse legal action laws for DMEPOS suppliers on its Web Comment: A commenter stated that or felony conviction (including felony site (see http://www.palmettogba.com/ § 424.57(c)(1)(ii) as written, would allow convictions within the 10 years nsc). However, the DMEPOS supplier is DMEPOS suppliers to contract with preceding enrollment or revalidation of ultimately responsible for determining nonlicensed individuals to avoid enrollment) that precludes payment. In what business, product and other contracting with licensed individuals. addition, we proposed that any applicable licenses are required for his In addition, it would not be financially overpayment assessed by CMS or its or her business, regardless of the feasible for all DMEPOS suppliers to designated contractor due to a lack of accuracy of the information provided on have licensed professionals on staff, and reporting would follow the existing the NSC Web site. We also believe it is therefore, CMS should allow contracting rules governing Medicare overpayments the business owner’s responsibility to be for services as long as they are in set forth at § 405.350 et seq. We believe aware of any changes in the State compliance with State requirements.

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Response: We do not believe that this licensed health care professionals as individual and we will allow provision is written in such a way as to supplier companies; in fact, to do contracting for licensed services only allow DMEPOS suppliers to contract otherwise would allow different when the State where the item or with nonlicensed individuals to avoid regulatory and compliance standards to service is supplied permits a DMEPOS employing part-time or full-time W–2 emerge. Finally, many of the rules of supplier to contract for licensed employees. In addition, we believe that licensed health care professionals and services. Moreover, we believe that a DMEPOS supplier who does not have many of the rules of the supplier DMEPOS suppliers participating in a licensed individual on staff (part-time companies are not duplicative or competitive bidding must maintain all or full-time) as a W–2 employee would consecutive; rather, they are cumulative. applicable State licenses for the be in violation of § 424.57(c)(1). Comment: Several commenters products and services they are bidding Moreover, while we are concerned with believe that the licensing requirement on or furnishing in each competitive the financial burden placed on small provision is too restrictive and should bidding area. In addition, we believe businesses, we recognize that a certain be revised to state that properly licensed that it is the responsibility of DMEPOS amount of capital is required to personnel are available to furnish the suppliers participating in competitive establish and maintain a business. To offered services. In addition, these bidding to ensure that any subcontractor this end, we believe that enrolled commenters stated that the current obtains and maintains all appropriate DMEPOS suppliers should be required language is too broad and would State licenses in the area where they are to meet State licensing qualifications, include administrative staff. providing services. We maintain that rather than subcontracting to a third- Response: This final regulation states DMEPOS suppliers awarded a party agent who may or may not be that a DMEPOS supplier must be in competitive bidding contract and that qualified. Moreover, since we cannot compliance with Federal, State, and are subcontracting will be allowed on a ensure with any degree of certainty, the local laws and requirements. It also phase-in basis for licenses services and qualifications of a subcontracted states a DMEPOS supplier cannot licensed professionals participating in individual or his or her compliance contract with an individual or other competitive bidding. with Federal, State, and local licensure entity to provide licensed services. This Comment: One commenter believes requirements, we believe the Medicare requirement only would apply to a that this regulation is in conflict with program and its Medicare beneficiaries DMEPOS supplier’s administrative staff some State licensing requirements, as would be better served if we could if the administrative staff member is some States permit DMEPOS suppliers verify that a DMEPOS supplier meets also responsible for providing a licensed to comply with its State licensing the applicable State licensing service for the DMEPOS supplier. requirements by contracting with an requirements for a DMEPOS supplier’s Moreover, we are promoting a State’s individual or other entity to provide the chosen specialty. prerogatives on licensure by imposing licensed service. In addition, the Comment: One commenter questioned this requirement only in States where commenter states a Federal regulation whether CMS considers a co- there are no such rules for contracting cannot supersede the historic police employment arrangement with a for licensed services. Rather, we are powers of the State unless it was the Professional Employment Organization hoping to diminish the chance of clear and manifest purpose of the to be compliant or noncompliant with fraudulent practices by requiring that a Congress (see Downhaur v. Somani). this proposed rule. DMEPOS supplier directly furnish Response: We agree with this Response: We would consider a co- licensed services. commenter because, State licensing employment arrangement with a Comment: One commenter believes laws and regulations on the licensure of professional employment organization disallowing contracting with DMEPOS suppliers govern how to be compliant with this proposed rule individuals or entities is unfair to the DMEPOS suppliers furnish items within provided any licensed services are small supplier. a particular State. Therefore, we performed by an individual who Response: While we are concerned maintain that a DMEPOS supplier can receives a W–2 with the DMEPOS with the potential financial burden that contract for licensed services only when supplier’s legal business name on it. For this change imposes on small the State where the licensed service is situations of co-employment, the W–2 businesses, and we will monitor the being provided allows for this sort of also may have the legal business name impact of this requirement on small arrangement consistent with of the professional employment businesses. We believe that small § 424.57(c)(1)(ii)(C). organization, but this must be in DMEPOS suppliers should meet the Comment: A commenter does not addition to the DMEPOS supplier’s legal applicable State licensing requirements believe that CMS should be in the business name. for the services they provide. business of professional licensing. Comment: A commenter requested Comment: One commenter Response: It is important to note that that physical therapy clinics be exempt recommended that rather than we require the DMEPOS supplier to be from the requirement for State restricting the practice of contracting State licensed, not to obtain a license certification that applies to DMEPOS with licensed personnel, CMS should from CMS. This change will help to suppliers because it will affect patient require the supplier to purchase ensure that DMEPOS suppliers are access to necessary care if the physical additional insurance to cover the meeting State licensing requirements. therapy clinic in which an individual licensed person. Comment: Several commenters was being treated was not certified as a Response: We believe that a DMEPOS recommended that the provision of not DMEPOS supplier and that it is an supplier must meet the applicable State contracting out licensed services and unnecessary burden to apply the same licensing requirements for the services the W–2 employee provisions of this rules to licensed health care they provide to Medicare beneficiaries. standard only apply when not professionals as supplier companies. In addition, while we agree that addressed by State licensing Response: We believe that enrolled additional insurance may provide requirements. DMEPOS suppliers should meet all additional protection for the supplier, it Response: We agree with these applicable State licensing requirements. does not help to ensure that a Medicare commenters. We believe that DMEPOS We do not believe it is an unnecessary beneficiary is receiving quality products suppliers must meet all applicable State burden to apply the same rules to and instruction from a licensed licensing requirements and that this

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standard will only apply when not standards in § 424.57 are separate from DMEPOS supplier may hire a licensed addressed by State licensing the quality standards which are used by W–2 employee on a part-time or full- requirements. accrediting organizations. This time basis and we will permit Comment: Several commenters do not regulation does not conflict with our contracting for licensed services, so long believe it should matter if the service is accreditation standards listed at as the State permits contracting for furnished by a W–2 employee or a 1099 § 424.57(c)(22) through (c)(25). licensed services and the DMEPOS contractor so long as both are properly Comment: A commenter stated that supplier complies with State licensure licensed with no adverse legal action the proposed rule is unnecessary laws and is ultimately responsible for current or pending. because many of the DMEPOS suppliers the services provided by a contractor. Response: We agree with these must be accredited by September 30, Comment: One commenter asks how commenters because a DMEPOS 2009 on top of already having to meet disallowing the contracting of licensed supplier is accountable for meeting the the State licensure requirements. individuals could affect competitive applicable State licensing requirements, Moreover, supplier’s ability to use bidding, given that a supplier is and by requiring that W–2 employees or subcontractors for the purpose of required to submit a bid for all of the a 1099 contractor (when allowed by assuring service throughout a oxygen modalities. State law) of the supplier are competitive bidding area would be Response: When allowed under State appropriately licensed, the NSC can limited which could disadvantage the law, we will permit contracting for verify that a DMEPOS supplier is small suppliers compared to large licensed services, so long as the meeting all applicable State licensing suppliers. DMEPOS supplier complies with State requirements. Response: We disagree with these licensure laws and is ultimately Comment: One commenter stated that commenters because a DMEPOS responsible for the services provided by they are opposed to the revisions in supplier is accountable for meeting the a contractor. In order for a DMEPOS § 424.57(c)(1) because it would prevent applicable State licensing requirements, supplier to be able to participate in the all but the largest DMEPOS suppliers and by requiring DMEPOS suppliers to DMEPOS competitive bidding program, from bidding on contracts under the employ individuals who are the supplier must comply with all of the DMEPOS competitive bidding program appropriated licensed, the NSC can DMEPOS supplier standards and be because smaller businesses would not verify that a DMEPOS supplier is enrolled in the Medicare program as a be able to hire staff all the potential meeting all applicable State licensing DMEPOS supplier. licensed professionals as W–2 requirements. Comment: One commenter asked if employees. Comment: Several commenters stated this rule is requiring all oxygen Response: We want to clarify that the that the standard to prohibit a DMEPOS suppliers to directly provide liquid employment requirement will not apply supplier from contracting with an oxygen since CMS competitive bidding to contract suppliers participating in the individual or other entity to provide the rules allow for contracting in certain competitive bidding program and we licensed service places an unfair burden areas. have reflected this intention in on small suppliers who at times must Response: No, all oxygen suppliers do § 424.57(c)(1)(ii)(B). contract with licensed personnel or not need to directly provide liquid Comment: Several commenters provide specific services to the oxygen. A supplier can use a qualified believe that the proposed rule conflicts supplier’s patients. Also, this subcontractor to deliver oxygen. If the with the rules for participation in the requirement makes it seem like CMS is supplier is not in a competitive bidding competitive bidding program, as the singling out DMEPOS suppliers by not area and does not furnish liquid oxygen competitive bidding program itself allowing them the use of staffing as part of their business model and the allows items and services in a product agencies when demand is great. In prescription specifically indicates that category to be supplied directly or addition, the commenter believes that the physician is ordering liquid oxygen, through a subcontractor and provides this standard would restrict suppliers the supplier would either need to get safeguards to allow subcontracting. that have full time respiratory therapists approval from the ordering physician to Response: We agree with these from hiring temporary licensed furnish a different modality or refer the commenters, and have revised respiratory therapists during times of beneficiary to another supplier. If a § 424.57(c)(1)(ii)(B) to reflect that the vacation, illness or increased staffing physician orders liquid oxygen in areas employment requirement for the needs, and have a detrimental effect on that fall under competitive bidding, furnishing of licensed services does not patient’s access to care and restrict then the oxygen supplier must supply apply to contract suppliers participating respiratory therapists from performing liquid oxygen. in the competitive bidding program. duties in the patient’s home. Comment: A commenter stated that Comment: One commenter stated that Response: We believe that a DMEPOS the proposed rule would result in this regulation conflicts with CMS’ supplier must be licensed to provide different Federal requirements for accreditation standards which permit licensed services, and therefore, we are hospital-based DMEPOS suppliers based contracting for licensed services, so long not adopting any exceptions to this solely on the location of the supplier as the DMEPOS supplier complies with provision except where a State permits and further disadvantage hospitals State licensure laws and is ultimately contracting for licensed services. In because hospitals generally use responsible for the services provided by addition, many small businesses independent contractors to perform its a contractor. currently have an owner or W–2 services. Response: We have amended employee who is licensed to provide a Response: We disagree with this § 424.57(c)(1) to permit contracting for service that requires a State licensure. commenter because all DMEPOS licensed services, so long as the State We believe that the changes we are suppliers, including those based at where the licensed services are being adopting in this final regulation will not hospitals or operated by other providers, performed allow for such contracting have a detrimental effect on patient’s are required to meet State licensing and the DMEPOS supplier complies access to care and do not restrict requirement for the services they with State licensure laws and is respiratory therapists from performing provide. This change will enable CMS ultimately responsible for the services duties in the patient’s home. Finally, as or our designated contractor to verify provided by a contractor. The supplier stated previously, we are clarifying that that the supplier is meeting the

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applicable State licensing requirements that 200 square feet represents the without exception for the specific for the services that it furnishes. smallest practice location that can be services being furnished. used to meet the supplier standards in Response: We believe that the 2. Physical Facility—Appropriate Site § 424.57. Specifically, we would expect provisions of § 424.57(c)(7) are designed In § 424.57(c)(7), we proposed to that most practice locations have space to ensure that DMEPOS suppliers clarify the supplier standard for for inventory, storage, including patient conform to generally accepted business maintaining a physical facility on an records, a desk and chairs, and in most practices employed by quality suppliers. appropriate site. Specially, we proposed cases a restroom for employees and Comment: Several commenters to clarify the term, ‘‘appropriate site.’’ In customers. believe it would be in CMS’s best addition, we stated that an ‘‘appropriate Comment: One commenter interest to retain the current policy site’’ applies to ‘‘closed door’’ businesses recommended that we clarify that which allows for a central record storage (such as pharmacies/suppliers DMEPOS suppliers may continue to location for multi-State DME suppliers. providing services only to beneficiaries utilize centralized business centers to Response: We agree that multistate residing in a nursing home). We also house beneficiary and other business DME suppliers can maintain central solicited comments on whether we records and centralized customer call record storage locations and have should establish a minimum square centers are permissible under this amended the regulations text in footage requirement to the definition of revised standard. § 424.57(c)(7)(i) to reflect this concern. an appropriate site and what, if any, Response: We believe that it is Comment: One commenter stated that appropriate exceptions would apply to necessary to have prompt access to there can be a problem with the a minimum square footage requirement. delivery, maintenance, and beneficiary requirement of external signage when it Comment: One commenter records at the supplier’s facility where conflicts with local zoning ordinances. recommended that a minimum square the beneficiary receives services. This Response: We believe that prospective footage requirement be established so enables the beneficiary to promptly suppliers of DMEPOS and existing the suppliers cannot qualify for obtain necessary information and for suppliers of DMEPOS must understand participation in the Medicare program CMS and our agents to perform a review and comply with the supplier standards with unsuitable locations. This of the records. We agree that the use of found in this section. Accordingly, commenter stated that square footage a centralized business center by a prospective suppliers of DMEPOS should be adequate to store the multisite supplier to house these should ensure that their practice necessary inventory. records when the information in the location meets the requirements found Response: We appreciate this records can be furnished to the in § 424.57(c)(7) and the other supplier comment and have adopted a minimum beneficiary or CMS and our agents, or standards found in this section prior to square footage requirement of 200 both. For example, the supplier location buying or entering into a leasing square feet in § 424.57(c)(7). We agree could use a computer terminal to access arrangement for a given practice with this commenter that a DMEPOS the records which are being stored off location. For example, if the owner of supplier must maintain a minimum area site. Then, it could express mail the prospective supplier of DMEPOS knows of space for inventory, storage, and documents requested. or should have known that local zoning including patient records. Comment: A commenter stated that it ordinances preclude the establishment Comment: Several commenters stated is not economically feasible for a small of home-business in a residential that the variability between suppliers supplier to maintain a storefront. neighborhood, then the prospective and services provided are too great to Response: We do not require that a supplier of DMEPOS should make the set a minimum number of square feet DMEPOS supplier maintain a storefront, business decision to: (1) Obtain a waiver required to attain a supplier number. and if the DMEPOS supplier chooses to to the local zoning ordinance in advance Response: We appreciate these maintain a storefront, it may be coupled of submitting their enrollment comments and considered them in with its storage space for DMEPOS. application to the NSC; or (2) select a establishing minimum square footage However, if the supplier is in a different practice location that will requirements within § 424.57(c)(7). commercial building, the sign can be ensure the supplier’s compliance with Comment: A number of commenters posted at the entrance of the building. the requirements specified in opposed the establishment of a specific We believe that it is essential for our § 424.57(c)(7). square footage requirement for supplier’ beneficiaries and site reviewers to be Comment: One commenter stated that physical locations. able to promptly locate the supplier. it may not be possible to fulfill the Response: Since many DMEPOS Therefore, the signage must be readily signage requirement because the owner suppliers who do not have a minimum visible to the general public. We of the building may not allow the square footage have been determined in understand the concerns that additional posting of the sign, and that the patients the past to be fraudulent suppliers or costs may be incurred for small that they see are by appointment only so have provided less than sufficient businesses. However we believe that the posting a sign with office hours is not services to Medicare beneficiaries, we majority of our DMEPOS suppliers necessary. believe that a minimum square footage already meet this requirement. Response: As previously stated, we requirement is necessary to ensure that Additionally, those DMEPOS suppliers believe that prospective suppliers of DMEPOS suppliers are operating a with less than the 200 square foot DMEPOS and existing suppliers of legitimate business. However, based on minimum space and who have entered DMEPOS must understand and comply public comments, we were concerned into a long term lease before the with the supplier standards found in that establishing a minimum square publication of this final rule will have this section. Accordingly, prospective footage requirement of 500 square feet time to transition into a new location, as suppliers of DMEPOS should ensure may impose an undue burden for some explained later in this rule. that their practice location meets the suppliers. Accordingly, based on public Comment: Several commenters stated requirements found in § 424.57(c)(7) comments and our review of existing that they do not support CMS’ proposal and the other supplier standards found supplier operations, we are adopting a to micromanage a supplier’s business in this section prior to buying or minimum square footage of 200 square operation by dictating size, hours, entering into a leasing arrangement for feet per practice location. We believe staffing, and access via a single standard a given practice location. Accordingly,

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we disagree with this commenter, and Response: We note that we have before the publication date of this final believe that it is essential that the always made exceptions concerning rule. We believe that this phase-in beneficiaries and CMS agents can posted hours for disasters and period will provide small businesses clearly see where the supplier is located emergencies and Federal and State with sufficient time to identify a and the supplier’s hours of operation. If holidays. However, while we recognize practice location that meets the the building owner will not allow the that personal emergencies do occur, we minimum square footage requirement. posting of hours of operation, then the believe that suppliers should be We will make this requirement effective DMEPOS supplier should consider the available during posted business hours. for existing DMEPOS suppliers 3 years supplier site to be inappropriate for a Moreover, we believe that a DMEPOS from the effective date of this regulation. business that serves Medicare supplier should do its best to plan and However, we do not believe that it is beneficiaries. Even for suppliers that staff for temporary absences. appropriate to establish a similar take appointments, we believe that Comment: One commenter believes requirement for prospective suppliers of proper signage and posted hours are the minimum square footage DMEPOS, including those suppliers required for proper beneficiary requirement causes potential issues for who have a pending enrollment information. orthotic and prosthetic suppliers since application with the NSC. Comment: One commenter believes it the lab area is separate from the patient Consequently, we expect prospective is not always possible to give the NSC area and is often located off-site. The DMEPOS suppliers to comply with this prior notice to a change in the hours of patient interaction area is most requirement as of the effective date of operation. important, but since this area can be as this regulation. As prospective DMEPOS Response: While we understand that small as 80 square feet, the size suppliers seek billing privileges after the suppliers have 30 days to notify the requirement should not be imposed as effective date of this regulation, we NSC of change in posted business hours, to orthotic and prosthetic suppliers. expect them to comply with this we do not believe that legitimate Response: We agree with the concerns requirement in order to be enrolled in suppliers routinely change their posted raised by this commenter and have Medicare. hours of operation frequently. Moreover, adopted an exception to § 424.57(c)(7) Comment: One commenter is there is nothing in our current rules or for State-licensed orthotic and concerned that the minimum square within this final regulation which prosthetic personnel in private practice footage requirement may be over precludes a DMEPOS supplier from as one of the exceptions to this interpreted as a means to shut down notifying the NSC prior to or at the time provision. legitimate suppliers (for example, a a change of posted business hours are Comment: One commenter suggests legitimate supplier being 25 feet short implemented. that rather than mandating a certain after the rule becomes effective but Comment: A commenter stated that amount of square footage, an alternative having a 5-year lease to fulfill). size and space requirements are already could be a rule indicating that the office Response: We proposed the minimum established in the accreditation process, space must consist of an ADA accessible square footage as a basis for ensuring and therefore, are unnecessary as a reception area, a minimum of one that legitimate suppliers are meeting the separate supplier standard. examination room and a restroom, supplier standards in § 424.57 and that Response: Since the requirements unless there is a common area restroom. these suppliers are providing quality included within accreditation standards Response: We believe that it would be products and services to Medicare set forth in § 424.57(c)(21) through very difficult for us to develop beneficiaries. As stated previously, we § 424.57(c)(25) and quality standards are specifications for these items. Moreover, will impose this requirement on those independent of the supplier standards we believe that doing so would likely be suppliers who have entered into leases, in § 424.57, we believe that it is more restrictive for some types of including long-term leases, on or before appropriate to establish a minimum suppliers. the date of publication of this final rule. square footage requirement to assist us Comment: One commenter notes that Accordingly, we maintain that DMEPOS in determining whether a DMEPOS in most leased spaces, especially in suppliers who had entered into lease supplier is operating a legitimate medical buildings, the signage locations arrangements of 1 year or less must business as neither of the are predetermined, and therefore, the come into compliance with this aforementioned sets of standards commenters do not believe a quality provision at the end of their current include a provision for minimum square standard should mandate signage on the lease. Similarly, DMEPOS suppliers footage. exterior of the building. who have entered into leasing Comment: One commenter requested Response: We believe that the sign arrangements of more than 1 year but what defines a permanent, durable sign must be visible at the main entrance of less than 3 years must come into and noted that sometimes it may be the facility and visible to the public. compliance with this standard at the necessary to have permanent signage Therefore, in a public medical building, end of their current lease; and that all attached to the glass panel of a facility. the sign could be posted in the main existing DMEPOS suppliers must come Response: While we have not defined lobby entrance if access to the lobby is into compliance with this standard what constitutes a permanent durable available to the general public. within 3 years of the effective date of sign, there is no requirement that a Comment: One commenter this final rule. permanent sign be or not be attached to recommended that if CMS does set Finally, while we are establishing a a glass panel. minimum square footage requirements transition period for implementation of Comment: Several commenters that we give suppliers time for the this requirement for DMEPOS suppliers suggested that an exemption should be expiration of current leases and to already enrolled in the Medicare granted when it is necessary for the obtain a new location or ‘‘grandfather’’ program, we are not adopting a office to be temporarily closed during locations already in use. transition period for DMEPOS suppliers posted office hours to account for Response: We agree with this enrolling a new practice location, holidays, natural disasters, short-term commenter and will establish a 3-year reactivating the billing privileges for a closures, patient deliveries, phase-in period for those existing DMEPOS supplier previously enrolled emergencies, and other unforeseen suppliers of DMEPOS who have signed in the Medicare program or for DMEPOS occurrences. leases, including long-term leases, on or suppliers changing their existing

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practice location or selling their existing the supplier’s operations or the needs of supplier compliance with the practice location. the beneficiaries being serviced. requirements of this section.’’ Comment: One commenter notes that Response: We disagree with this Comment: One commenter licensing and accrediting bodies inspect commenter. While we are not recommended that instead of revoking a suppliers’ facilities to assure the preempting State and local land use supplier’s billing privileges when a site supplier has a legally defined means of laws, we are establishing criteria to visit cannot be conducted, the NSC providing care. The commenter believes enroll in the Medicare program as a should ‘‘suspend’’ the billing privileges that Medicare should have no role in DMEPOS supplier. We believe that this pending further investigation to determining the appropriateness of a revised criterion will help to ensure that determine if the entity is a legitimate supplier’s facility. Medicare beneficiaries receive quality supplier. Response: While we agree that services from quality suppliers. Response: We do not have statutory or licensing and accreditation are essential Comment: A commenter stated that regulatory authority to suspend billing elements for ensuring quality of care, we the minimum square footage privileges under those circumstances. disagree with the commenter that CMS requirement is unnecessary for However, we note that DMEPOS or our designated contractor should suppliers’ facilities that are not intended suppliers are afforded appeal rights if have no role in determining the for beneficiary access and that this their billing privileges are revoked. appropriateness of a supplier’s facility. proposed standard blurs the distinction Comment: A commenter believes Since the implementation of the between a classic retail establishment routine on-site visits should be by DMEPOS supplier standards in October and a service facility dedicated to the appointment to ensure proper person(s) of 2000, we have played an important provision of supplies and equipment to are available. role in determining the appropriateness patients in their homes. In addition, the Response: We disagree with this of a supplier’s facility via regulation at commenter requests that CMS consider commenter. While we understand that § 424.57. different business models for supplier proper staff may not always be on-site Comment: One commenter questioned standards, including suppliers that when unannounced site visits occur, it why the square footage matters if a provide quality items and services to is necessary for all DMEPOS suppliers supplier meets all requirements and has beneficiaries, but do not operate to be open during posted hours of Medicare beneficiaries coming to the facilities intended to be stores for in- operations. The revised language only supplier’s physical location where person access. clarifies who is authorized to conduct products are stocked and provided. Response: We disagree with this the on-site visit. Moreover, we believe Response: We maintain that an commenter. Since most DMEPOS that unannounced site visits are appropriate amount of square footage is suppliers are not solely service necessary to ensure that a DMEPOS generally necessary to ensure that the facilities, we believe that these enrolled supplier is continually meeting the facility can meet its obligations to a suppliers must provide reasonable supplier standards in § 424.57. beneficiary which include an area for access for Medicare beneficiaries in the Comment: Several commenters the beneficiary to sit, or room for a event that a beneficiary has a problem believed that it would be unjust to deny wheelchair and room for it to turn/move or requires prompt service. It is also or revoke based on one site visit during around, as well as room for stock and essential that CMS or our agents have posted hours because the business could for the equipment necessary for running access during posted hours of be closed for a legitimate reason on the a business. In addition, in the past many operations to ensure that the supplier day of the visit, the mandated staff may suppliers with very minimal square continues to meet the supplier be on call, or that another emergency footage have been determined to be standards in § 424.57. situation may occur that would prevent fraudulent or have provided inferior Comment: A commenter suggests that a DMEPOS supplier from being open service to Medicare beneficiaries. CMS consider that the appropriate size during posted hours of operation. Comment: One commenter questioned of a facility is based on the services Response: While we understand that whether it is CMS’ intent to require provided, the size of the organization unexpected or emergency business suppliers to be a retail-type business by and the status of the location. closings can occur, we believe that it is mandating minimum square footage Response: We appreciate this essential that DMEPOS suppliers which needlessly drives up the cost of comment and have considered these establish practices and procedures to doing business for nonretail suppliers. factors in adopting a minimum square address unexpected or emergency Response: While ‘‘closed door’’ footage requirement for DMEPOS situations. In addition, we understand businesses are eligible to participate in suppliers. As noted previously, we the nature of unforeseen emergencies the Medicare program, we believe that maintain that an appropriate amount of and when warranted, the NSC will it is necessary to include a minimum square footage is generally necessary to conduct an unannounced follow-up square footage into what is considered ensure that the facility can meet its visit prior to denying or revoking billing an appropriate site. We understand obligations to a beneficiary which privileges. there may be concern that this include an area for the beneficiary to sit, Comment: One commenter believes requirement may cause a change in or room for a wheelchair and room for this requirement constitutes over business practices for smaller suppliers it to turn/move around, as well as space regulating by the government. and could possibly result in increased for inventory, patient records and Response: We disagree with the costs. However, we believe that most equipment necessary for running a commenter. We have found DMEPOS suppliers are already meeting business. unannounced on-site visits to be a very this standard. effective tool in combating fraud and 3. On-Site Inspections Comment: A commenter stated that abuse and to protect the Medicare Trust the minimum square footage In § 424.57(c)(8), we proposed to Fund from unscrupulous suppliers. requirement is not appropriate because clarify this provision by revising (c)(8) Moreover, CMS and our designated the Federal rule would preempt State or to read as follows: ‘‘Permits CMS, the contractor, the NSC, have conducted local land use or supplier laws already NSC, or agents of CMS or the NSC to unannounced on-site visits since 2000 in place and will not take into account conduct on-site inspections to ascertain to ensure compliance with those

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standards which only can be verified by 6. Solicitation of Beneficiaries In addition, section 1871 of the Act visual inspection. In § 424.57(c)(11), we proposed to provides the Secretary the right to prescribe regulations as may be 4. Business Telephone Operations revise this supplier standard to clarify necessary to carry out the In § 424.57(c)(9), we proposed a that suppliers and their agents cannot make a direct solicitation of Medicare administration of the Medicare program. revision of this standard so that it would Moreover, we believe that it is necessary read, ‘‘Maintains a primary business beneficiaries, which includes, but is not limited to, telephone, computer, e-mail, to review, clarify, and, if necessary, telephone that is operating at the revise existing regulatory standards to appropriate site listed under the name instant messaging, or in-person contacts, except under the current provisions at address changes in practice by DMEPOS of the business locally or toll-free for suppliers in order to protect Medicare § 424.57(c)(11)(i) through (iii). beneficiaries. The use of cellular beneficiaries and the Medicare Trust phones, beeper numbers, and pagers is Comment: One commenter recommended that we retract the Funds. prohibited. Additionally, DMEPOS Comment: Several commenters stated proposed provision and allow the suppliers are prohibited from that our proposal to clarify and revise current telephone standard to remain forwarding calls from the primary § 424.57(c)(11) violated First unchanged. This commenter also stated business telephone listed under the Amendment protections by ‘‘ ’’ name of the business to a cellular that a supplier is not cold calling the unconstitutionally restricting phone, or a beeper/pager. The exclusive beneficiary when the supplier has commercial speech. In addition, this use of answering machines, answering received a verbal order from a physician commenter stated that, ‘‘Business services or facsimile machine (or and requested that we clarify that a solicitation by DME suppliers is clearly combination of these options) cannot be supplier is not violating this standard if a form of commercial speech as any used as the primary business telephone the supplier contacts a beneficiary via business has the right to market its during posted operating hours.’’ telephone after it has received a verbal products to potential customers. Comment: One commenter requested order from the beneficiary’s treating Advertising by suppliers of medical that we clarify that all call forwarding physician. equipment is not inherently misleading to a main business office number when Response: We do not agree. We and can be an important method of multiple office locations exist would be believe that it is inappropriate for a informing beneficiaries of products and permitted. DMEPOS supplier to contact a services that are covered or accessible Response: While we appreciate this beneficiary based solely on a physician under their Medicare coverage.’’ comment, we do not believe that it is order. In the situation described by the Response: We disagree that the appropriate for a DMEPOS supplier to commenter, the contact is without the revisions that we are adopting in forward calls from one practice location beneficiary’s knowledge that the § 424.57(c)(11) of this final rule deny or to a main business office number when physician would be contacting a abridge First Amendment rights. multiple practice locations exists. supplier on the beneficiaries behalf and Specifically, this revised standard does Comment: One commenter stated that would be prohibited unless one of the not change or alter a DMEPOS preventing the use of alternative current provisions in § 424.57(c)(11)(i) supplier’s ability to advertise its technologies during business hours through (iii) applied. However, if a products and services to the general would have an adverse effect on the physician contacts the supplier on public or Medicare beneficiaries quality of services that suppliers are behalf of the beneficiary’s with the generally. As such, television, radio, able to furnish to Medicare beneficiary’s knowledge, and then a and Internet advertisements are beneficiaries. supplier contacts the beneficiary to permitted. In addition, DMEPOS Response: While we appreciate this confirm or gather information needed to suppliers may advertise their products comment, we believe that the supplier provide that particular covered item or services at health fairs, community standards in § 424.57(c)(9) are not (including the delivery and billing events, or the DMEPOS supplier’s Web overly prescriptive and help to ensure information), then that contact would site. This provision seeks to prohibit a that the DMEPOS supplier is not be considered a direct solicitation supplier from making direct operational during posted hours of for the purpose of this standard. This is solicitations with Medicare beneficiaries operations. the case even if the physician has not without their consent. specified the precise DMEPOS supplier Comment: One commenter stated that 5. Comprehensive Liability Insurance that will be contacting the beneficiary the proposed change to § 424.57(c)(11) In § 424.57(c)(10), we proposed a regarding the item referred by that would harm Medicare beneficiaries and revision to this provision to specify that physician. all healthcare consumers. This the DMEPOS supplier has a Comment: One commenter stated that commenter also stated that this proposal comprehensive liability insurance CMS lacks the statutory authority to would have the effect of limiting policy in the amount of at least expand on the longstanding statutory consumer education, price comparison, $300,000 per incident that covers both and regulatory prohibition on and overall choice. the supplier’s place of business and all unsolicited telephone contacts to further Response: We disagree with this customers and employees of the types of speech. commenter that the changes we are supplier and ensures that insurance Response: We disagree with the adopting in this final rule will limit policy must remain in force at all times. commenter’s assertion that we are trying consumer education, price comparison In addition, we proposed that a to expand on the statutory authority or overall choice because suppliers can DMEPOS supplier must list the NSC as which prohibits unsolicited telephone continue to educate the public about the a certificate holder on the policy and contacts set forth in section 1834(a)(17) advantages of their products or services notify the NSC in writing within 30 of the Act. We believe that we have the through marketing practices that help to days of any policy changes or statutory authority to clarify and revise educate and inform the public and cancellations. Although we are not the supplier standard in § 424.57(c)(11). Medicare beneficiaries about their finalizing the proposed revision in this Specifically, section 1834(j)(1)(B) of the healthcare choices. final rule, we will consider this Act gives the Secretary the authority to Comment: One commenter stated that provision in a future rulemaking. establish additional supplier standards. if a beneficiary visited a retail store, on

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their on volition, to seek information on general public are permissible and are suppliers from contacting Medicare DMEPOS products, that the proposed not considered direct solicitation for the beneficiaries in the situations described change would prohibit the supplier purpose of this standard. in the current provisions in from providing information or Comment: Several commenters would § 424.57(c)(11)(i) through (iii). For education that the beneficiary like CMS to clarify the restrictions on a example, a supplier could contact a requested. supplier who may contact a Medicare beneficiary with whom they already Response: We disagree that a recipient about noncovered items have an established business DMEPOS supplier could not provide because it appears to limit a supplier’s relationship or for legitimate reasons, information or education when the legitimate marketing activities such as such as annual fitting reminders, beneficiary contacts the DMEPOS web pages describing various products, updating or verifying information from supplier for information. The revised services and inserts to periodical previously serviced beneficiaries. supplier standard in § 424.57(c)(11) publications dealing with various Comment: Several commenters states that DMEPOS suppliers must products and services. recommended that we add another agree not to directly solicit patients, Response: We do not agree that this reason for the DMEPOS supplier to except as permitted under the current standard limits a supplier’s legitimate contact the patient, namely when the provisions in § 424.57(c)(11)(i) through marketing activities. We believe that physician places the DMEPOS order (iii). Accordingly, if the Medicare DMEPOS suppliers can continue to (written or verbal) on behalf of the beneficiary initially contacts the conduct mass advertising. For the patient. DMEPOS supplier, then the supplier’s purposes of this final rule, we believe Response: As noted previously, a contact with the beneficiary would not direct solicitation targets Medicare DMEPOS supplier may not contact a be a direct solicitation and the supplier beneficiaries without their consent. beneficiary based solely on a physician may, therefore, discuss, educate, and Accordingly, we believe that direct order. However, a supplier may contact inform the Medicare beneficiary about solicitation is significantly different in a beneficiary if a physician contacts a the various products and alternatives scope than general advertising. Again, DMEPOS supplier on behalf of a available to that beneficiary. these solicitations are one on one in beneficiary with the beneficiary’s Comment: One commenter stated that nature and not the same as general knowledge, and then a supplier contacts we did not adequately define, ‘‘directly advertising to the public and also apply the beneficiary to confirm or gather solicit’’ or ‘‘coercive internet to noncovered items if they are being information needed to provide that advertising.’’ solicited by a Medicare enrolled particular covered item (including Response: We appreciate the request DMEPOS supplier. delivery and billing information). In that for clarification. We believe that ‘‘direct Comment: One commenter asks if a instance, the contact would not be solicitation’’ occurs when a DMEPOS web site dedicated to short-term cash considered a direct solicitation and supplier or its agents directly contacts rentals of not readily-accessible portable therefore, would not implicate the an individual Medicare beneficiary by oxygen concentrators for travel use standard set forth at § 424.57(c)(11). telephone, e-mail, instant messaging, or (using an Advance Beneficiary Notices Please note that the beneficiary need in-person contact without his or her (ABN) if the customer is a Medicare only be aware that a DMEPOS supplier consent for the purpose of marketing the beneficiary) violates the provisions will be contacting him/her regarding the DMEPOS supplier’s health care outlined in the proposed rule. prescribed covered item, recognizing products or services or both. In Response: We believe, for the purpose that the appropriate supplier may not addition, we removed the reference to of this standard, a web site dedicated to have been identified at the time of the ‘‘coercive response internet advertising’’ short-term cash rentals of not-readily consultation. from this rule in order to ensure that accessible portable oxygen Comment: A commenter stated that this standard is clear and concentrators for travel use to be of use prohibiting a supplier from directly understandable. to the general public. Using ABNs if the soliciting patients, including ‘‘in-person Comment: One commenter asked if customer is a Medicare beneficiary contacts’’ improperly restrains free internet advertising such as internet would be required for the supplier to speech and disadvantages a small ‘‘yellow pages,’’ the use of Google not be held liable for the charge under supplier by limiting a supplier to mass AdWords, appearance in search engine section 1879 of the Act. Using ABNs media advertising, which is only results or other ‘‘keyword’’ assists the beneficiaries in making financially feasible to large suppliers. advertisements informing the public of informed decisions about the product. A The commenter also stated that the products and services provided by a dedicated web site that can be freely beneficiary will be adversely affected supplier would constitute coercive accessed by the general public, at the because, under the proposed rule, a response Internet advertising. consumer’s choice, is not considered member of the hospital staff would need Response: As noted previously, we direct solicitation for the purpose of this to obtain written permission from the removed the reference to ‘‘coercive standard. beneficiary and transmit that permission response Internet advertising’’ from this Comment: Several commenters to the supplier before the supplier could final rule in order to ensure that this suggested that the standard is initiate the service causing unnecessary standard is clear and understandable. satisfactory as it exists and that waiting periods. We believe that advertising techniques changing it as proposed would be overly Response: We believe that a ‘‘direct such as internet yellow pages, Google restrictive, burdensome, and could solicitation’’ occurs when a DMEPOS AdWords, and search engine keyword prevent patients from receiving supplier or their agent contacts an result-driven advertising are techniques important information. individual Medicare beneficiary without used by businesses to educate and Response: We believe the revision of their consent for the purpose of inform the public about a company and this standard was necessary to include marketing the DMEPOS supplier’s its products. In addition, these practices current trends and technological health care products or services or both; are normally considered mass advances, such as door-to-door therefore we are clarifying our advertising. Accordingly, web site solicitation, electronic mail, and instant regulations by adding the definition of advertisements that are intended to messaging. However, we do not believe ‘‘direct solicitation’’ to § 424.57(a). These market a DMEPOS supplier to the this provision would prohibit DMEPOS types of direct solicitations are one on

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one in nature and not the same as Response: It is our intention to ensure Comment: One commenter advertising to the public in a general that oxygen suppliers promote quality recommended that we incorporate the marketing campaign. Finally, we do not in the furnishing of oxygen or oxygen- proposed standard in § 424.57(c)(27) believe Medicare beneficiaries will be related equipment, and, in doing so, into the revised supplier standard in adversely affected by this provision’s protect Medicare beneficiaries against § 424.57(c)(1). contact restrictions causing unnecessary substandard product(s) or poor service. Response: We disagree with this waiting periods prior to a DMEPOS The pick-up and delivery of liquid and commenter and have adopted a new supplier’s initiation of services. As long gaseous oxygen cylinders does not supplier standard in § 424.57(c)(27). as the beneficiary has completed a interfere with our intentions for this 2. Ordering and Referring consent form giving the hospital staff provision. Therefore, oxygen suppliers Documentation member permission to share the may continue to subcontract the pick-up beneficiary’s information with the and delivery of oxygen and oxygen- In § 424.57(c)(28), we proposed a new DMEPOS supplier for the purpose of related products. supplier standard that states that the initiating service, the hospital staff Comment: A commenter stated that supplier is required to maintain person can order the service on the there is confusion regarding who needs ordering and referring documentation, beneficiary’s behalf. Hospitals or other to be licensed for specific services and including the National Provider entities use consent forms for the believes the provisions in Identifier, received from a physician, purpose of ordering medical supplies or § 424.57(c)(27) needs greater specificity nurse practitioner, physician assistant, clinical social worker, or certified nurse services on behalf of patients as and detail. midwife, for 7 years after the claim has standard operating procedure to ensure Response: We appreciate this been paid. compliance with the Privacy Act and its comment and have revised Comment: One commenter stated that implementing regulations. § 424.57(c)(27) to address this concern. it would be more practical and 7. Product Delivery and Beneficiary We have clarified in this section that reasonable to base any records retention Instructions DMEPOS suppliers are responsible for policy on the date of service and knowing which licenses are required for lengthen the retention period to 10 In § 424.57, we proposed to revise the DMEPOS that they supply. paragraph (c)(12) provision to clarify its years, which is the guideline used by Comment: One commenter many in the industry. This commenter intent. Specifically, we proposed that a interpreted the proposed rule as DMEPOS supplier: (1) Is responsible for stated that this change would capture requiring an oxygen supplier to get their CMS’ concerns about availability of maintaining proof of the delivery in the oxygen from an in-State licensed oxygen beneficiary’s file; (2) must furnish records and cause fewer disruptions to supplier. the supplier recordkeeping practices. information to beneficiaries at the time Response: This final rule will require of delivery of items as to how the Another commenter believes that record licensed oxygen suppliers to get their retention should mirror that of industry beneficiary can contact the supplier by oxygen and oxygen-related equipment telephone; (3) must provide the or State standards such as the State from other licensed or State-certified Board of Pharmacy which is typically 3 beneficiary with instructions on how to oxygen suppliers. However, if an oxygen safely and effectively use the equipment years. supplier’s physical location is in a State Response: We appreciate the or contract this service to a qualified that does not require oxygen licensure commenter’ suggestions. However with individual; (4) is responsible for or certification, then the oxygen the enactment of section of 6406(a) of providing instruction on the safe and supplier is not required to get its oxygen the ACA, we published an interim final effective use of the equipment that or oxygen-related equipment from other rule with comment in the May 5, 2010 should be completed at the time of licensed oxygen suppliers. It is not our Federal Register (75 FR 24437), which delivery; and (5) must document that intention to restrict Medicare established 7 year retention period this instruction has taken place. We are beneficiaries’ oxygen supplier choices. based on the date of service in continuing to review the public Comment: One commenter § 424.516(f). Moreover, we believe that comments received on this provision interpreted this standard as requiring an this retention policy is consistent with and we will consider finalizing this in-State oxygen license for out-of-State the policy established at § 424.516(f) in provision in a future rulemaking effort. suppliers and believes this limits access the November 19, 2008 final rule (73 FR B. New DMEPOS Supplier Standards for Medicare beneficiaries. 69726) entitled ‘‘Medicare Program; Response: We do not require oxygen Payment Policies Under the Physician 1. Obtaining Oxygen licensure or certification for oxygen Fee Schedule and Other Revisions to In § 424.57(c)(27), we proposed a new suppliers whose physical locations are Part B for CY2009; E-Prescribing standard that specified that the in States that do not require oxygen Exemption for Computer-Generated DMEPOS supplier must obtain oxygen licensure or certification. However, this Facsimile Transmissions; and Payment from a State-licensed oxygen supplier. provision does restrict unlicensed for Certain Durable Medical Equipment, In addition, we stated that the proposed oxygen suppliers from supplying Prosthetics, Orthotics and Supplies new standard would not apply when the oxygen and oxygen-related equipment (DMEPOS)’’. Finally, in § 424.57(c)(28), State does not license oxygen suppliers. to oxygen suppliers whose physical we establish that suppliers are required Comment: One commenter stated that locations are in States that require to maintain ordering and referring they generally agree that DMEPOS oxygen licensure or certification. documentation consistent with the suppliers should obtain oxygen from Comment: A commenter suggested provisions found in § 424.516(f). appropriately licensed oxygen supply adding ‘‘if applicable’’ to this provision Comment: One commenter stated that companies, but requested that we clarify because not all States license oxygen it would be more practical and that the supplier standard in suppliers. reasonable to base any records retention § 424.57(c)(27) does not preclude Response: We agree and will revise policy on the date of service. suppliers from subcontracting the pick- § 424.57(c)(27) to incorporate language Response: We concur with this up and delivery of liquid and gaseous regarding applicability to States that commenter and have revised this oxygen cylinders. license oxygen suppliers. supplier standard to reflect that records

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should be based on the date of service supplier. In addition, we solicited location if these suppliers are furnishing and not the date of payment. comments on whether we should DMEPOS to their own patients as part Comment: One commenter is establish an exception to this space of professional service. concerned about why CMS would sharing proposal for physicians and Comment: One commenter stated that develop a supplier safeguard mandating nonphysician practitioners and the if any limitation on sharing practice records retention based upon the date circumstances which warrant an locations is put in place that we should, the claim was paid when all business exception since we are aware that at most, formalize the NSCs practice of transactions are based upon the date of physicians and other licensed prohibiting multiple NSC supplier service or date equipment was provided. nonphysician practitioners may obtain numbers at a single address. The addition of a new date would their own DMEPOS supplier number Response: While we have established require systems modification just for and furnish DMEPOS from their office. a limited number of exceptions to the managing records and the purge Comment: One commenter stated that prohibition of sharing a practice process. the proposed standard is too restrictive location, we agree that the NSC should Response: As stated previously, we and could discourage suppliers from not convey billing privileges to have revised this standard to base any forming networks under the competitive suppliers who are not in compliance records retention policy on the date of rules and urged CMS to retract the new with the provisions of this final rule. service. standard in § 424.57(c)(29). Moreover, with the implementation of Comment: Some commenters stated Response: We do not believe that the the National Provider Identifier (NPI), a that the Health Insurance Portability new standard will restrict the ability of DMEPOS supplier must obtain a NPI for and Accountability Act of 1996 (HIPAA) suppliers to form networks for the each practice location, unless the (Pub. L. 104–191) and State laws govern purpose of competitive bidding. supplier is a sole proprietorship. Comment: Several commenters the manner in which medical records Accordingly, we believe that this policy requested that we clarify whether a need to be kept and urged CMS to is consistent with current National ‘‘practice location’’ is limited to physical retract the new standard in Supplier Clearinghouse operational space or whether it also encompasses § 424.57(c)(28). policy and the provisions for issuing an equipment or staff and requests Response: The HIPAA record NPI. clarification of the definition of the retention policy codified at 45 CFR Comment: One commenter agreed 164.530 relates to a covered entities terms ‘‘sharing’’ and ‘‘practice location.’’ Response: DMEPOS suppliers list the with the statement in the preamble of privacy policies and procedures (for the proposed rule that stated, ‘‘We do example, administrative records of practice location in Section 4 of the Medicare enrollment application (CMS– not believe that legitimate DMEPOS complaints, notices, and other suppliers routinely share practice administrative actions or procedures); 855S). For the purposes of this standard, sharing a practice location refers to locations with another Medicare and therefore, does not preclude us from ’’ sharing of the physical location as supplier. establishing a documentation retention Response: We appreciate this standard. In addition, since Medicare is described on the CMS–855S. In general, the practice location is the physical comment and continue to believe that a Federal program, it is not subject to legitimate businesses do not share State law. We note that section 6406(a) space where a DMEPOS supplier operates his or her business and meets practice locations with competitors. of the ACA (Pub. L. 111–148) amends Comment: One commenter stated that section 1842(h) of the Act by adding a with customers and potential customers. Comment: One commenter requested if a space sharing agreement passes new paragraph (9) which states the under both the Anti-kickback statute following: that we clarify that the enrolled practice location does not include a warehouse, and the Stark statute and regulations, The Secretary may revoke enrollment, for storage facility, or repair facility. then they do not believe such a period of not more than one year for each Response: As stated previously, a arrangements should be automatically act, for a physician or supplier under section DMEPOS supplier identifies the practice prohibited by a supplier standard. 1866(j) if such physician or supplier fails to location in Section 4 of the CMS–855 Response: We disagree with this maintain and, upon request of the Secretary, commenter. While the statutory and provide access to documentation relating to and is a place where a DMEPOS written orders or requests for payment for supplier operates his or her business regulatory provisions referenced durable medical equipment, certifications for and meets with customers and potential previously are intended to prohibit home health services, or referrals for other customers. specific practices, these provisions do items or services written or ordered by such Comment: Several commenters not address the full range of problems physician or supplier under this title, as requested that we clarify that the space that occur when DMEPOS suppliers are specified by the Secretary. sharing provision in § 424.57(c)(29) is commingling practice locations. The We also note that section 6406(d) of not intended to preclude a physician or Anti-kickback statute, the Stark statute, ACA specifies that ‘‘[t]he effective date licensed health professional (who is also and our regulations are separate of this provision shall apply to orders, recognized as a DMEPOS supplier by authorities and do not preclude us from certifications and referrals made on or Medicare) from furnishing both establishing additional DMEPOS after January 1, 2010.’’ Therefore, we DMEPOS products and professional supplier standards. In addition, we do believe that finalization of our proposed services to his or her patients in the not believe that legitimate DMEPOS record retention requirements at same practice location. suppliers share inventory, staffing or a § 424.57(c)(28) is consistent with the Response: We appreciate this practice location with a competing section 6406(a) of ACA requirement. comment and have established an DMEPOS supplier. exception to this standard for Comment: Several commenters 3. Prohibition on Sharing of a Practice physicians and NPPs as defined in the recommended that physical therapists Location statute. Under section 1842(b)(18)(C) of (PTs) be exempt from this provision In § 424.57(c)(29), we proposed a new the Act, physical and occupational because it would place an undue burden standard that specifies that the supplier therapists may operate as a DMEPOS on the patient to purchase the limited is prohibited from sharing a practice supplier, as well as a licensed DME items offered in the PT office at location with another Medicare professional at the same practice another location—especially for

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pediatric PTs or those located in rural Comment: One commenter asked if Response: We agree that a DMEPOS areas. two entities, with two different ‘‘Doing supplier may be enrolled within the Response: As stated previously, we Business As’’ (DBA) names are owned same building owned by a hospital. are establishing an exception for by the same parent company would they Comment: One commenter does not physical and occupational therapists be prohibited from having a common believe co-existing in an office space from the provision in § 424.57(c)(29). location under § 424.57(c)(29). jeopardizes quality supplier standards. Comment: Several commenters stated Response: As stated previously, we Response: We disagree because we that there should be an exception to this have established certain exceptions to have found that unrelated business provision when both businesses are this provision. However, we do not entities that share the same practice owned by the same person or entity or believe that it is a common practice to location often provide poor quality care the DME supplier is a separate unit establish multiple DBAs at the same or, in some case, are associated with located within or owned by a larger practice location. Accordingly, we fraudulent businesses or do not exist. health care facility such as a hospital. Comment: One commenter agrees believe that two different DBAs that are Other commenters stated there should with CMS’ proposal that nonphysician owned by the same parent company be an exception to this provision when DMEPOS suppliers should not share a would be prohibited from sharing a a pharmacy is operating within a State- practice location with another Medicare practice location under this provision. licensed health center because of the supplier, especially if that other burden separate locations would put on Comment: One commenter believes Medicare supplier is a possible referral the patients. the regulation text does not properly source. Response: We disagree with convey the intent of the language in the Response: We appreciate the support commenters who stated that we should preamble and will result in additional for our provision regarding the sharing establish an exception based solely on micromanagement of DMEPOS of space and further clarify that the ownership. Moreover, unless the owner suppliers by CMS. Anti-kickback statute, the Stark Statute, of DMEPOS supplier is a sole Response: We believe that the and our regulations are separate proprietorship, DMEPOS suppliers are provisions of this final rule and the authorities apart from the sharing of required to obtain a unique National regulation text are consistent. In space provisions adopted within this Provider Identifier for each practice addition, we believe that the provisions final rule. location. Accordingly, unless a as adopted allow CMS or the NSC to Comment: Several commenters DMEPOS supplier has satisfied an ensure that DMEPOS suppliers are requested that we not create exceptions exception under § 424.57(c)(29), we do operating in accordance with to this provision for physicians and not believe that an owner should be established business practices used by other licensed providers to share space permitted to establish a sole legitimate companies. As stated as it is a bad idea that creates proprietorship and an organizational previously, we do not believe that inconsistent application of the entity at the same practice location. legitimate DMEPOS suppliers share regulations. In addition, making Similarly, we do not believe that the inventory, staffing or operational space physicians discontinue distributing same owner should be able to obtain with their competitors. DME from their offices is good and the separate Medicare billing privileges for Comment: One commenter believes physician, orthotist/prosthetist, and DMEPOS suppliers at the same practice that an orthotic and prosthetic facility physical therapist should have no location found on the Medicare should be allowed to share space with financial relationship to ensure true enrollment application. As stated complementary, but not competing medical necessity. previously, we do not believe that businesses that may already have a Response: We believe that we can legitimate businesses share practice Medicare supplier number, specifically consistently apply the regulations and locations with competitors. However, physicians and physical therapy offices. allow for reasonable exceptions. we agree with the commenters who Moreover, we believe that physicians stated that there should be an Response: We disagree with this can furnish DMEPOS to their own exemption when the entity or DME commenter. While we have established patients as part of professional service. supplier is a separate unit located an exception to § 424.57(c)(29) for In addition, in many cases, a physician within or owned by a larger facility. physicians, NPPs, and physical and furnishing DMEPOS to their own Therefore, we have established occupational therapists who are patients can benefit those patients in exceptions to the sharing of space furnishing items to their own patients as terms of convenience and continuity of limitation found in § 424.57(c)(29). In part of their professional service, we do care. § 424.57(c)(29)(ii)(C), we have not believe that a similar exception Comment: One commenter asks if this established an exception for DMEPOS should be established for orthotic and standard would apply in the suppliers that have a practice location prosthetic facilities or personnel circumstance where the business owner within a Medicare provider that is because they are not individual owns a pharmacy and a separate subject to the requirements specified in practitioners who are furnishing items DMEPOS company with 2 different 42 CFR 489.2(b). This exception will to their own patients as part of their supplier Medicare numbers sharing the allow a hospital, home health agency professional service. The facilities in same location for retail sales (note— (HHA), skilled-nursing facility (SNF), or question would be sharing space with both businesses have the same stock other Part A provider that is enrolled in another supplier whereas the exceptions holders and are held by a separate Medicare to co-locate with a DMEPOS noted are supplying their own patients holding company). supplier that is owned by that Part A as part of their service. Response: We believe that the provider and is a separate unit. It is Comment: Several commenters scenario described is prohibited under important to note that these DMEPOS questioned whether the supplier can the provisions of this final regulation. suppliers while owned by the Part A have an office in the same building Comment: One commenter suggested provider must still meet all of the other where other hospital-owned Medicare that an exception to this provision be DMEPOS supplier standards in § 424.57 suppliers (outpatient pharmacy, made for those physicians/NPPs that to obtain and maintain Medicare billing physician groups) are located if it is supply blood glucose monitoring privileges. hospital-owned. devices to their patients.

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Response: We appreciate this the hours are posted and the supplier is DMEPOS supplies makes up such a comment and as stated previously, we open during those hours. small portion of the practice. are adopting an exception to the Response: We believe that DMEPOS Response: We appreciate these prohibition on space sharing for suppliers must be open to the public a comments and have added an exception physician, NPPs, and physical and minimum number of hours to ensure to this supplier standard for physicians occupational therapists. patient access to services. After a careful and licensed non-physician review of these comments, we continue practitioners, including physical and 4. Hours of Operation to believe that DMEPOS suppliers must occupational therapists, that only In § 424.57(c)(30), we proposed a new be open and available to the public a furnish DMEPOS supplies to their own supplier standard that would require a minimum of 30 hours per week. We patients to § 424.57(c)(30). DMEPOS supplier to be open to the believe that establishing a minimum Comment: Several commenters stated public a minimum of 30 hours per number of hours is in the best interest that it is not economically feasible for a week, except for those DMEPOS of the Medicare program and Medicare small one person supplier to be staff suppliers who are working with custom- patients, especially for those who are during all posted hours of operations made orthotics and prosthetics. disabled or with limited means of because they often make house calls. Comment: Several commenters transportation. Response: While we understand the requested that physical therapy Comment: Several commenters stated concerns of small suppliers, we believe practices be exempt from posting office that they do not believe that CMS has that Medicare beneficiaries and the NSC hours because this would limit the the authority or business expertise to should be able to have access to the services available to the Medicare dictate the number of hours a DMEPOS supplier at regularly posted hours. Also, patients. supplier should operate to be as previously noted, we have Response: We believe that all considered legitimate when this would established exceptions for physicians, DMEPOS suppliers should have posted be determined based on the needs of the NPPs, and certain other suppliers. hours of operation. customer base. Comment: One commenter stated that Comment: A commenter stated that it Response: We believe that section this requirement does not allow a sole would be burdensome for hospitals or 1834(j)(1)(B) of the Act gives the proprietor, being the only certified fitter health systems that owned or controlled Secretary the authority to implement as well as the owner, to be sick, go on DMEPOS suppliers to display hours of additional supplier standards. We vacation, or have a personal emergency operation and that the proposed maintain that the requirement that a without violating Medicare standards. standard is unnecessary since the DMEPOS supplier is open a minimum Response: We agree and have adopted implementation of mandatory number of hours help to ensure that it an exception to this provision for accreditation. is engaged in furnishing DMEPOS to suppliers working with custom-made Response: In § 424.57(c)(8), we Medicare beneficiaries. In addition, we orthotics and prosthetics. already require that DMEPOS suppliers, believe that this requirement also may Comment: Several commenters stated including those owned or controlled by help increase access to care for that there may be episodic instances hospitals and health systems, to Medicare beneficiaries. where DMEPOS suppliers may maintain a visible sign and post their Comment: One commenter legitimately not be able to be open for hours of operation. Accordingly, we recommended that we consider 30 hours per week including inclement believe that we are clarifying an existing permitting flexibility in the hours of weather conditions, staffing shortages as NSC practice by adopting this revised operation so long as they are clearly the result of labor disputes, staff standard. Moreover, since accreditation posted and deviations to the posted illnesses or holiday periods, and various primarily focuses on patient care, it hours are noted with a specific return other unusual occurrences or natural does not directly address the time. disasters that would prohibit a supplier verification of this existing supplier Response: We disagree with this from being open 30 hours in a particular standard. commenter. It is essential for our week. Comment: One commenter believes Medicare beneficiaries to have access to Response: We recognize that the requirement that suppliers maintain suppliers during regularly scheduled unforeseen emergencies do occur that a physical facility that is staffed at all hours. Medicare beneficiaries should would require a supplier to make times with posted working hours is not be advised that the supplier has temporary changes to scheduled hours. most beneficial. temporarily changed their hours once The NSC will take these circumstances Response: We appreciate this they have made the effort to visit the into account. However, we believe that comment and have adopted a minimum supplier. Moreover, allowing DMEPOS DMEPOS suppliers should adhere to its number of posted hours of operation for suppliers to constantly change their posted hours and should develop DMEPOS suppliers in § 424.57(c)(30). posted hours of operation would make contingencies to remain open when Comment: Several commenters stated it virtually impossible for us to personal emergencies or when staffing that it is a widespread practice among determine if a supplier is actually in issues occur. DMEPOS suppliers—large and small— operation. While we recognize that Comment: One commenter to have part-time or ‘‘by appointment emergencies do occur, it is the recommended that CMS implement an only’’ hours for some locations, responsibility of the DMEPOS supplier exception for physical therapists for the especially in rural areas, and asked that to establish staff contingencies to ensure posting of office hours. we reconsider the new supplier that their business remains open to the Response: We disagree with this standard in § 424.57(c)(30) which public in spite of a personal emergency. commenter. We believe a physical requires suppliers to remain open to the Comment: Several commenters therapist enrolled as a DMEPOS public for a minimum of 30 hours a recommended that we establish an supplier must post its hours of week. Some commenters believe exception to the supplier standard in operation for beneficiaries so that CMS remaining at the facility for 30 hours per § 424.57(c)(30) for physicians, physical or its agents can perform site visits. week would leave no time for item therapists, and other licensed health However, as discussed previously, we delivery and proposed that CMS professionals holding DMEPOS note that we have established an consider the requirement met as long as suppliers numbers, especially when exception for physical therapists in

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certain circumstances to the supplier unannounced site visits to ensure enrollment and the revocation of billing standard of the 30 hours minimum compliance with the standards set forth privileges. requirement. at § 424.57. Comment: One commenter stated that Comment: One commenter suggested Comment: One commenter believes the term ‘‘adverse legal action’’ was the language describing the proposed the weekly hourly requirement severely vague and requested that we clarify or change at § 424.57(c)(8) be changed from limits the ability to provide services in eliminate the authority regarding ‘‘would deny’’ to ‘‘may deny’’ to allow for small towns, because it does not allow overpayments resulting from adverse situations where the NSC or its agents for the use of ‘‘limited business hour’’ legal actions in § 424.57(d). The are unable to perform a site visit during satellite facilities. commenter stated that no notice was a supplier’s posted business hours. Response: After careful review of this provided regarding the types of events Response: While we understand this standard, we have determined that that would trigger an overpayment comment, we do not believe that the requiring a DME supplier to be open collection. This commenter further change is needed. and available to the public no less than stated that before this regulatory Comment: One commenter asked for 30 hours per week is in the best interest provision could be finalized, more clarification of what constitutes custom of the patient, especially for those who fulsome notice must be given so that fabricated orthotics and prosthetics. The are disabled or with limited means of stakeholders can submit meaningful commenter questioned whether it is the transportation. comments. definition from the competitive bidding Response: We agree and have revised 5. Tax Delinquency document or the explanation of each § 424.57(a) to add a definition for the product in the HCPCS codes. In § 424.57(c)(31), we proposed term ‘‘final adverse action’’ as meaning Response: For purposes of the adding a new supplier standard that one or more of the following actions: (1) regulatory provision, orthotics and specified that a DMEPOS supplier could A Medicare-imposed revocation of any prosthetics is defined in the HCPCS not have Internal Revenue Service (IRS) Medicare billing number; (2) suspension codes related to each product and as or a State taxing authority tax or revocation of a license to provide described in the DMEPOS quality delinquency. We also proposed to health care by any State licensing standards. define a ‘‘tax delinquency’’ as meaning authority; (3) revocation or suspension Comment: One commenter suggested an amount of money owed to the United of accreditation; (4) a conviction of a an alternative to the proposed provision States or a State: A conviction or civil Federal or State felony offense (as could be for the entire practice (all judgment for tax evasion, a criminal or defined in § 424.535(a)(3)(i)) within the office locations collectively), to be open civil charge of tax evasion, or the filing last 10 years preceding enrollment, a minimum number of hours which of a tax lien. revalidation, or re-enrollment; or (5) an would allow for satellite offices in With the enactment of section 189 of exclusion or debarment from remote areas, as well as accommodating the Medicare Improvements for Patients participation in a Federal or State health those therapists in private practice for and Providers Act (MIPPA) (Pub. L. care program. This definition is the purpose of limiting their work 110–275) on July 15, 2008, we are narrower than the list of final adverse hours. The commenter considers 20 deferring the implementation of this actions contained in Section 3 of the hours a week to be reasonable. proposal while we continue to review CMS–855S which was published on Response: Each DMEPOS supplier the public comments received on this March 23, 2009. In fact, we limited the location is separately enrolled, and provision and we will consider definition of ‘‘final adverse action’’ in therefore, each location must meet all finalizing this provision in a future this rule to those actions that currently the required supplier standards in rulemaking effort if we deem it serve as a basis for CMS to revoke a § 424.57. necessary. Accordingly, we are not supplier’s Medicare billing privileges Comment: A commenter stated that adopting this proposed supplier under § 424.535(a). If a final adverse requiring DMEPOS suppliers, except standard in this rule and have removed action has been imposed upon a suppliers of prosthetics and orthotics, to the paperwork burden associated with supplier, then that supplier would not be open to the public for at least 30 this provision. be eligible to maintain Medicare billing hours a week is unnecessary for privileges from the date of a final 6. Medicare Overpayment supplier’s facilities that are not intended adverse action. This provision provides for beneficiary access and that this In § 424.57(d), we proposed to CMS or its contractors with the proposed standard blurs the distinction redesignate the current text as paragraph discretion to establish an overpayment between a classic retail establishment (d)(1) and proposed adding a new determination (as defined in § 405.350) and a service facility dedicated to the paragraph that specified that ‘‘CMS, the for all Medicare items and services provision of supplies and equipment to NSC, or CMS designated contractor furnished from the date of the final patients in their homes. In addition, the establishes a Medicare overpayment adverse action. CMS or our contractors commenter requests that CMS consider from the date of an adverse legal action may reopen all claims paid to the different business models for supplier or felony conviction (including felony supplier on or after the date of the final standards, and let the beneficiaries and convictions within the 10 years adverse action that had been imposed their physicians decide what model may preceding enrollment or revalidation of upon that supplier. Moreover, suppliers work best for them. enrollment) that precludes payment.’’ In who are assessed overpayments under Response: We do not believe these addition, we proposed that any this provision may appeal these arrangements are always in the best overpayment assessed by CMS or its determinations in accordance with the interest of the patient. We believe that designated contractor due to a failure to Medicare claims appeal procedures set all enrolled DMEPOS suppliers, except report this information would follow the forth in § 405.900 through § 405.1140. suppliers of prosthetics and orthotics, existing rules governing Medicare Comment: One commenter believes should maintain a minimum number of overpayments set forth at § 405.350 the requirement to notify the NSC of hours open to the public. This will et seq. The underlying basis to report changes is too burdensome. ensure that the DMEPOS supplier is ‘‘adverse legal actions’’ to the NSC are Response: We appreciate the operational and allows CMS, the NSC or found in § 424.530 and § 424.535, which commenters’ concerns. However, we agents of CMS or the NSC to conduct state the provisions for denial of maintain that it is necessary to require

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DMEPOS suppliers to notify the NSC of provide the licensed service(s) and • In § 424.57(e) (which was proposed a final adverse action or other reportable cannot contract with an individual or as § 424.57(d)), we are modifying our change, including change of location, entity to provide the licensed service(s). proposal with a change to the effective change of ownership (including ++ Added language to clarify that a date of date of revocation. (See the authorized and delegated officials) licensed professional can be a part-time Surety Bond final rule in the March 27, within 30 days to mitigate the possible or full-time employee. 2009 Federal Register (74 FR 13345)). In impacts associated with these types of • In § 424.57(c)(7), we modified our order to be consistent with our changes. proposal as follows: regulations at § 424.535(g), we are ++ Revised the proposed extending the effective date of 7. Notification of Change in Hours introductory text of paragraph (c)(7). revocation from 15 to 30 days after Operation The language regarding the space for notification of the revocation. In § 424.57(c)(32), we are proposing storing records and retaining ordering V. Collection of Information that each supplier must report changes and referring documentation was Requirements in hours of operation to the NSC 15 modified and redesignated as calendar days prior to the proposed paragraphs (c)(7)(i)(E) and (F), Under the Paperwork Reduction Act change. The burden associated with this respectively. of 1995 (PRA), agencies are required to requirement is the time and effort ++ Added a new paragraph provide a 30-day notice in the Federal associated with notifying the NSC of the (c)(7)(i)(A) that specifies a minimum Register and solicit public comment change in hours of operation. square footage requirement and an before a collection of information We are not finalizing this provision. exception to the minimum square requirement is submitted to the Office of In section V. of this final rule, we footage requirement for State-licensed Management and Budget (OMB) for respond to the comment received on the orthotic and prosthetic personnel review and approval. In order to fairly information collection requirement providing custom fabricated orthotics or evaluate whether an information associated with this provision. prosthetics in private practice. collection should be approved by OMB, ++ Modified and redesignated section 3506(c)(2)(A) of the PRA 8. Other Issues proposed paragraphs (c)(7)(i) through requires that we solicit comments on the The following is our response to a (c)(7)(iii) as paragraphs (c)(7)(i)(B) following issues: comment that was not on a proposal through (c)(7)(i)(D). • Whether the information collection included in this proposed rule: ++ Redesignated paragraph (c)(7)(iv) is necessary and useful to carry out the Comment: One commenter requested as paragraph (c)(7)(ii). proper functions of the agency; that we clarify that § 424.57(c)(26) was ++ Added a new paragraph (c)(7)(iii) • The accuracy of the agency’s reserved for the proposed DME surety that specifies that an appropriate site estimate of the information collection bond standard. may be the centralized location for all burden; Response: We note that of the business records and ordering and • The quality, utility, and clarity of § 424.57(c)(26) was reserved for the referring documentation of a multisite the information to be collected; and proposed DME surety bond standard. supplier. • Recommendations to minimize the • In § 424.57(c)(9), we made technical We also note that the proposed information collection burden on the and clarifying changes. provision at § 424.57(c)(26) was • affected public, including automated In § 424.57(c)(10), we are not collection techniques. finalized in the January 2, 2009 final finalizing this proposed provision in rule (74 FR 166) entitled ‘‘Medicare The following is a discussion of the this final regulation. provisions, as stated in section III. of Program; Surety Bond Requirement for • In § 424.57(c)(11), we added a Suppliers of Durable Medical this final rule, that contain information definition of direct solicitation in collection requirements. Equipment, Prosthetics, Orthotics, and § 424.57(a). Supplies (DMEPOS).’’ • The provision at § 424.57(c)(1) states In § 424.57(c)(12), we are not that a supplier must operate its own IV. Provisions of the Final Regulations finalizing this proposed provision in business and furnish Medicare–covered this final rule. items in compliance with all applicable This final rule finalizes the provisions • In § 424.57(c)(27), we are adopting Federal and State licensure and of the proposed rule with the following this provision as proposed. exceptions: • In § 424.57(c)(28), we adopting the regulatory requirements. The purpose of • In § 424.57(a), we modified our provision established in § 424.516(f). this standard is to ensure that DMEPOS proposal as follows: • In § 424.57(c)(29), we added an suppliers obtain and maintain the ++ Added the definition for the term exception to our requirements on the necessary State licenses required to ‘‘direct solicitation.’’ prohibition of sharing a practice furnish services provided to Medicare ++ Revised the definition for the term location in paragraph (c)(29)(ii). beneficiaries. While there is burden ‘‘final adverse action’’. We note that the • In § 424.57(c)(30), we added associated with complying with this definition for this term was added by a exceptions for DMEPOS suppliers who standard, we believe it is exempt from January 2, 2009 final rule (74 FR 166). are working with custom-made orthotics the PRA as stated in 5 CFR 1320.3(b)(3). We revised this term by—(1) replacing and prosthetics and physicians, A collection of information conducted the semicolons at the end of paragraphs nonphysician practitioners, and or sponsored by a Federal agency that is (i) through (iv) with periods; (2) revising physical and occupational therapists. also conducted or sponsored by a unit paragraph (iii) by adding the phrase ‘‘as • In § 424.57(c)(31), we are not of State, local, or tribal government is stated § 424.58’’ to the end of the finalizing this proposed provision in presumed to impose a Federal burden paragraph; and (3) revising paragraph this final rule. except to the extent that the agency (iv) by removing the word ‘‘or’’ from the • In § 424.57(c)(32), we are not shows that such State, local, or tribal end of the paragraph. finalizing this proposed revision in this requirement would be imposed even in • In § 424.57(c)(1), we made the final rule. Accordingly, we have the absence of a Federal requirement. In following modifications to our proposal: withdrawn the information collection addition, we believe the burden ++ Added language to clarify that a requirement request associated with this associated with the maintenance of the DMEPOS supplier must be licensed to provision. required documentation is exempt from

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the PRA as stated in 5 CFR 1320.3(b)(2), information collection request to OMB require that DMEPOS suppliers report to the extent that the time, effort, and for its review and approval. changes in operation within 30 calendar financial resources necessary to comply The provision at § 424.57(c)(28) days. with collection of information that discusses a recordkeeping requirement. We have submitted a copy of this final would be incurred by persons in the This provision states that suppliers are rule to OMB for its review and approval normal course of their activities. required to maintain ordering and of the aforementioned information Maintaining State license referring documentation, including NPI, collection requirements. received from a physician or eligible documentation is part of usual and VI. Regulatory Impact Statement customary business practices. professional for 7 years from the date of Proposed § 424.57(c)(10)(iii) stated service. Based on public comment and We have examined the impacts of this that with respect to liability insurance, the provisions established in prior rule as required by Executive Order it was the responsibility of the DMEPOS rulemaking documents, we revised this 12866 on Regulatory Planning and supplier to, ‘‘promptly notify the NSC in provision for record retention review (September 30, 1993), the writing of any policy changes or requirement from 7 years after a claim Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96–354), cancellations.’’ The burden associated is reimbursed to 7 years from the date section 1102(b) of the Social Security with this proposed requirement was the of service. Act, section 202 of the Unfunded time and effort associated with drafting The burden associated with this Mandates Reform Act of 1995 (Pub. L. and submitting notification to the NSC requirement is the time and effort 104–4), Executive Order 13132 on of any policy changes or cancellations. necessary for a supplier to file and Federalism (August 4, 1999), and the However, we have decided not to maintain ordering and referring Congressional Review Act (5 U.S.C. finalize this requirement in this final documentation from the previously 804(2)). rule and therefore will not be submitting stated list of providers. While this requirement is subject to the PRA, the Executive Order 12866 directs an information collection request to agencies to assess all costs and benefits OMB for its review and approval. associated burden is exempt under 5 CFR 1320.3(b)(2), to the extent that the of available regulatory alternatives and, Proposed § 424.57(c)(12) stated that a time, effort, and financial resources if regulation is necessary, to select supplier, ‘‘[m]ust be responsible for the necessary to comply with collection of regulatory approaches that maximize delivery of Medicare-covered items to information that would be incurred by net benefits (including potential beneficiaries and maintain proof of persons in the normal course of their economic, environmental, public health ’’ delivery. In addition, the supplier activities. Maintaining ordering and and safety effects, distributive impacts, ‘‘ must, [d]ocument that it or another referring documentation is a usual and and equity). A regulatory impact qualified party has at an appropriate customary business practice. analysis (RIA) must be prepared for time, provided beneficiaries with Proposed § 424.57(c)(32), stated that major rules with economically information and instructions on how to each supplier must report changes in significant effects ($100 million or more use the Medicare-covered items safely hours of operation to the NSC 15 in any 1 year). This rule does not reach and effectively.’’ The burden associated calendar days prior to the proposed the economic threshold and thus is not with this section is the time and effort change. The burden associated with this considered a major rule. required to: Document the delivery of requirement is the time and effort To ensure that Medicare is making the Medicare-covered item; document associated with notifying the NSC of the correct payments to only legitimate the provision of information or change in hours of operation. We DMEPOS suppliers, we implemented a instructions to the beneficiary by the estimated that 1,000 suppliers will be comprehensive payment and enrollment supplier itself or another qualified subject to this requirement. The strategy. This strategy includes party; maintain the documentation of estimated time required to report the developing and implementing the delivery of the Medicare-covered items information to the NSC is 10 minutes. statutorily-mandated competitive and the necessary information and The estimated total annual burden bidding program, making revisions to instructions. While the burden associated with this requirement is 167 the National Supplier Clearinghouse associated with the aforementioned hours. We received a public comment contract, implementing a DMEPOS proposed requirements is subject to the regarding the burden assessment for the demonstration project, and publishing a PRA, we have decided not to finalize information collection requirement proposed rule that would require these requirements in this final rule and contained in § 424.57(c)(32). DMEPOS suppliers to obtain a surety therefore will not be submitting an Comment: One commenter stated that bond. information collection request to OMB there is little gained by imposing such Accordingly, it is essential that we for its review and approval. a rigid notification and requests that the further develop and implement Proposed § 424.57(c)(12)(ii) specified requirement be modified to permit the administrative and regulatory changes that a supplier must furnish information supplies to notify the NSC of changes in which prevent unscrupulous DMEPOS to beneficiaries at the time of delivery operation within 30 calendar days after suppliers from enrolling or maintaining of items on how the beneficiary can the proposed change and that we should their enrollment in the Medicare contact the supplier by telephone. The revise the burden estimate associated program. To this end, we have burden associated with complying with with this provision. implemented the following the standard is the time and effort Response: We appreciate this administrative changes and are seeking required for the supplier to provide its comment and agree that this provision comments on mandated DMEPOS surety contact information to beneficiary at the would increase the paperwork burden bonding requirements. time of delivery of the Medicare-covered imposed on DMEPOS suppliers. As part of our administrative change, item(s). While the burden associated Accordingly, we are not adopting this we revised the contract with the with the aforementioned proposed new supplier standard and have National Supplier Clearinghouse (NSC) requirement is subject to the PRA, CMS removed the paperwork burden in FY 2008 and are currently has decided not to finalize this associated with this provision. recompeting this contract through full requirement in this final rule and Consistent with supplier standard in and open competition. The revised therefore will not be submitting an § 424.57(c)(2), we will continue to contract requires that the NSC conduct

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and increase the number of on-site visits of provider revenues listed, $7.0, $10.0, that this final rule will not have a to ensure that DMEPOS suppliers are in $13.5, and $34.5 million or less). significant impact on the operations of compliance with the provisions in Individuals and States are not included a substantial number of small rural § 424.57. We are also expanding the in the definition of a small entity. hospitals. We understand that a large funding for NSC operations to support We are not preparing an analysis for number of DMEPOS suppliers fall into the increased number of site visits. the RFA because we are certifying that this category, however these provisions These expanded measures will help to this rule will not have a significant are procedural in nature and we expect ensure that only legitimate DMEPOS economic impact on a substantial that legitimate DMEPOS suppliers are suppliers are enrolled or maintain number of small entities. We have already meeting these provisions. enrollment in the Medicare program. In determined that the RFA is reasonable Section 202 of the Unfunded addition, we announced plans on June given that the provisions contained in Mandates Reform Act of 1995 (UMRA) 28, 2007, to implement a 2-year this final rule are primarily procedural also requires that agencies assess demonstration involving DMEPOS and do not require DMEPOS suppliers anticipated costs and benefits before suppliers. The goal of this initiative is to incur additional operating costs. We issuing any rule that may result in to strengthen our ability to detect and also believe that the regulatory impact expenditure in any 1 year by State, prevent fraudulent activity and has of this final rule is negligible and not local, or tribal governments, in the focused specifically on DMEPOS calculable. We understand that there aggregate, or by the private sector, of suppliers in South Florida and the Los may be some additional concerns about $100 million. That threshold is Angeles metropolitan area. Based on the costs associated with a minimum square currently approximately $130 million. findings of this initiative, we will footage requirement; however, we This rule does not mandate determine if the administrative maintain that this final rule would not expenditures by State, local, or tribal processes and procedures used in this have an adverse impact on a significant governments, in the aggregate, or by the demonstration should be expanded to number of small entities because we private sector of $130 million and other parts of the country. believe that these suppliers are therefore no analysis is required. On August 1, 2007, we published a operating on standard business practices Executive Order 13132 establishes proposed rule (72 FR 42001) which and therefore are already in compliance certain requirements that an agency would implement section 4312(a) of the with these standards. Additionally, we must meet when it promulgates a Balanced Budget Act of 1997 (BBA) by established a limited time exception for proposed rule (and subsequent final requiring all Medicare DMEPOS those entities that do not meet the rule) that imposes substantial direct suppliers to furnish CMS with a surety minimum square footage requirement requirement costs on State and local bond. The public comment period for and have entered into a long-term lease governments, preempts State law, or this proposed rule closed on October 1, on or before the publication date of this otherwise has Federalism implications. 2007. As noted previously, we finalized final rule. Since we believe that a Since this regulation does not impose the surety bond provisions in a final significant number of small entities any costs on State or local governments, rule entitled ‘‘Medicare Program; Surety currently meet each of the revised or the requirements of E.O. 13132 are not Bond Requirement for Suppliers of new standard, we do not have applicable. Durable Medical Equipment, information available to calculate the We anticipate that this rule would Prosthetics, Orthotics, and Supplies economic impact of any individual or codify certain procedural policies (DMEPOS)’’ on January 2, 2009. combination of proposals would have contained in the Program Integrity Accordingly, while the activities on small entities. This final rule would Manual (PIM) that DMEPOS suppliers described previously will promote merely clarify, expand, and update our already are supposed to adhere to, and compliance with the existing supplier current policy in the DMEPOS supplier that legitimate DMEPOS suppliers standards, these activities do not supply standards currently covered in § 424.57. should already be meeting. By CMS and the NSC with the needed Therefore, we anticipate a minimal establishing the standards in this rule, authority to deny or revoke billing economic impact, if any, on small we are establishing our authority to privileges to those DMEPOS suppliers entities. deny or revoke the Medicare billing that pose a significant risk to the As of March 2008, there were 113,154 privileges of DMEPOS suppliers that program. Therefore, we believe that the individual DMEPOS suppliers. have failed to comply with one or more provisions of this final rule are essential However, due to the affiliation of some of these supplier standards. in expanding upon and strengthening DMEPOS suppliers with chains, there We have considered alternatives to all the supplier standards in order to were only approximately 65,984 unique of the provisions; however, only one of ensure that only legitimate suppliers are billing numbers. We believe that the provisions considered lends itself to enrolled or maintain enrollment in the approximately 20 percent of the other options. Initially, we considered Medicare program. DMEPOS suppliers are located in rural establishing a 40 hour requirement for a The RFA requires agencies to analyze areas. DMEPOS supplier’s hours of operation options for regulatory relief for small In addition, section 1102(b) of the Act since most business are open to the businesses. For purposes of the RFA, requires us to prepare a regulatory public for a minimum of 40 hours each small entities include small businesses, impact analysis if a rule may have a week. nonprofit organizations, and significant impact on the operations of To reduce the burden associated with government agencies. Most hospitals a substantial number of small rural this provision, but also to establish a and most other providers and suppliers hospitals. This analysis must conform to minimum requirement for the hours of are small entities, either by nonprofit the provisions of section 604 of the operation, we relaxed the initial 40-hour status or by having revenues of $7.0 to RFA. For purposes of section 1102(b) of requirement to 30 hours per week $34.5 million in any 1 year. (For details, the Act, we define a small rural hospital because we believe that this is the see the Small Business Administration’s as a hospital that is located outside of minimum amount of time that a Web site at http://sba.gov/idc/groups/ a Metropolitan Statistical Area and has DMEPOS supplier is required to be open public/documents/sba_homepage/ fewer than 100 beds. We are not and legitimately operate as a business. serv_sstd_tablepdf.pdf (refer to the preparing an analysis for section 1102(b) We did not consider the alternative of 620000 series. There are four categories of the Act because we have determined not proceeding with the proposed

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provisions because we believe that they (iv) A conviction of a Federal or State CMS, NSC, and its agents. (The location are necessary to ensure that only felony offense (as defined in must not be in a gated community or legitimate DMEPOS suppliers are § 424.535(a)(3)(i) within the last 10 other area where access is restricted.) enrolling and maintaining enrollment in years preceding enrollment, (C) Is accessible and staffed during the Medicare program. revalidation, or re-enrollment. posted hours of operation. In accordance with the provisions of (v) An exclusion or debarment from (D) Maintains a permanent visible Executive Order 12866, this regulation participation in a Federal or State health sign in plain view and posts hours of was reviewed by the Office of care program. operation. If the supplier’s place of Management and Budget. * * * * * business is located within a building complex, the sign must be visible at the List of Subjects in 42 CFR Part 424 (c) Application certification standards. The supplier must meet and main entrance of the building or the Emergency medical services, Health must certify in its application for billing hours can be posted at the entrance of facilities, Health professionals, privileges that it meets and will the supplier. Medicare, Reporting and recordkeeping continue to meet the following (E) Except for business records that requirements. standards: are stored in centralized location as ■ For the reasons set forth in the (1) Operates its business and described in paragraph (c)(7)(ii) of this preamble, the Centers for Medicare & furnishes Medicare-covered items in section, is in a location that contains Medicaid Services amends 42 CFR compliance with the following space for storing business records chapter IV as set forth below: applicable laws: (including the supplier’s delivery, (i) Federal regulatory requirements maintenance, and beneficiary PART 424—CONDITIONS FOR that specify requirements for the communication records). MEDICARE PAYMENT (F) Is in a location that contains space provision of DMEPOS and ensure for retaining the necessary ordering and ■ 1. The authority citation for part 424 accessibility for the disabled. referring documentation specified in continues to read as follows: (ii) State licensure and regulatory § 424.516(f). requirements. If a State requires Authority: Secs. 1102 and 1871 of the (ii) May be the centralized location for licensure to furnish certain items or Social Security Act (42 U.S.C. 1302 and all of the business records and the services, a DMEPOS supplier— 1395hh). ordering and referring documentation of (A) Must be licensed to provide the Subpart D—To Whom Payment Is a multisite supplier. item or service; ‘‘ ’’ Ordinarily Made (iii) May be a closed door business, (B) Must employ the licensed such as a pharmacy or supplier professional on a full-time or part-time ■ providing services only to beneficiaries 2. Section 424.57 is amended by— basis, except for DMEPOS suppliers ■ A. Adding in paragraph (a) the residing in a nursing home, that who are— definition of ‘‘direct solicitation’’ in complies with all applicable Federal, (1) Awarded competitive bid contracts alphabetical order. State, and local laws and regulations. ■ B. In paragraph (a) revising the using subcontractors to meet this ‘‘Closed door’’ businesses must comply definition of ‘‘final adverse action’’. standard; or with all the requirements in this ■ C. Revising the introductory text of (2) Allowed by the State to contract paragraph. paragraph (c). licensed services as described in (8) Permits CMS, the NSC, or agents ■ D. Revising paragraphs (c)(1), (c)(7) paragraph (c)(1)(ii)(C) of this section. of CMS or the NSC to conduct on-site through (c)(9), (c)(11), and (e). (C) Must not contract with an inspections to ascertain supplier ■ E. Adding new paragraphs (c)(27) individual or other entity to provide the compliance with the requirements of through (c)(30). licensed services, unless allowed by the this section. The additions and revisions read as State where the licensed services are (9) Maintains a primary business follows: being performed; and telephone that is operating at the (iii) Local zoning requirements. § 424.57 Special payment rules for items appropriate site listed under the name furnished by DMEPOS suppliers and * * * * * of the business locally or toll-free for issuance of DMEPOS supplier billing (7) Maintains a physical facility on an beneficiaries. privileges. appropriate site. An appropriate site (i) Cellular phones, beepers, or pagers (a) * * * must meet all of the following: must not be used as the primary Direct solicitation means direct (i) Must meet the following criteria: business telephone. contact, which includes, but is not (A) Except for State-licensed orthotic (ii) Calls must not be exclusively limited to, telephone, computer, e-mail, and prosthetic personnel providing forwarded from the primary business instant messaging or in-person contact, custom fabricated orthotics or telephone listed under the name of the by a DMEPOS supplier or its agents to prosthetics in private practice, business to a cellular phone, beeper, or a Medicare beneficiary without his or maintains a practice location that is at pager. her consent for the purpose of marketing least 200 square feet beginning— (iii) Answering machines, answering the DMEPOS supplier’s health care (1) September 27, 2010 for a services, facsimile machines or products or services or both. prospective DMEPOS supplier; combination of these options must not * * * * * (2) The first day after termination of be used exclusively as the primary Final adverse action means one or an expiring lease for an existing business telephone during posted more of the following actions: DMEPOS supplier with a lease that operating hours. (i) A Medicare-imposed revocation of expires on or after September 27, 2010 * * * * * any Medicare billing privileges. and before September 27, 2013; or (11) Agree not to make a direct (ii) Suspension or revocation of a (3) September 27, 2013, for an existing solicitation (as defined in § 424.57(a)) of license to provide health care by any DMEPOS supplier with a lease that a Medicare beneficiary unless one or State licensing authority. expires on or after September 27, 2013. more of the following applies: (iii) Revocation for failure to meet (B) Is in a location that is accessible (i) The individual has given written DMEPOS quality standards. to the public, Medicare beneficiaries, permission to the supplier or the

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ordering physician or non-physician (B) Licensed non-physician Colorado, as its first local service. A practitioner to contact them concerning practitioners whose services are defined staff engineering analysis indicates that the furnishing of a Medicare-covered in sections 1861(p) and 1861(g) of the Channel 247C3 can be allotted to item that is to be rented or purchased. Act furnishes items to his or her own DeBeque consistent with the minimum (ii) The supplier has furnished a patient(s) as part of his or her distance separation requirements of the Medicare-covered item to the individual professional service; or Rules with a site restriction 13.8 and the supplier is contacting the (C) DMEPOS supplier is working with kilometers (8.5 miles) northeast of the individual to coordinate the delivery of custom made orthotics and prosthetics. community. The reference coordinates the item. * * * * * are 39–24–45 NL and 108–05–26 WL. (iii) If the contact concerns the (e) Failure to meet standards—(1) DATES: Effective September 30, 2010. furnishing of a Medicare-covered item Revocation. CMS revokes a supplier’s ADDRESSES: Secretary, Federal other than a covered item already billing privileges if it is found not to Communications Commission, 445 furnished to the individual, the supplier meet the standards in paragraphs (b) Twelfth Street, SW., Washington, DC. has furnished at least one covered item and (c) of this section. Except as 20554. to the individual during the 15-month otherwise provided in this section, the FOR FURTHER INFORMATION CONTACT: period preceding the date on which the revocation is effective 30 days after the supplier makes such contact. entity is sent notice of the revocation, as Rolanda F. Smith, Media Bureau, (202) 418–2180. * * * * * specified in § 405.874 of this (27) Must obtain oxygen from a State- subchapter. SUPPLEMENTARY INFORMATION: This is a licensed oxygen supplier (applicable (2) Overpayments associated with summary of the Commission’s Report only to those suppliers in States that final adverse actions. CMS or a CMS and Order, MB Docket No. 10–22, require oxygen licensure.) contractor may reopen (in accordance adopted August 12, 2010, and released (28) Is required to maintain ordering with § 405.980 of this chapter) all August 16, 2010. The Notice of and referring documentation consistent Medicare claims paid on or after the Proposed Rule Making proposed the with the provisions found in date of a final adverse action (as defined substitution of Channel 247C3 for § 424.516(f) in paragraph (a) of this section) in order vacant Channel 275C3 at DeBeque, (29)(i) Except as specified in to establish an overpayment Colorado. See 75 FR 4036, published paragraph (c)(29)(ii) of this section, is determination. January 26, 2010. The full text of this prohibited from sharing a practice * * * * * Commission decision is available for inspection and copying during normal location with any other Medicare Authority: (Catalog of Federal Domestic supplier or provider. Assistance Program No. 93.773, Medicare— business hours in the Commission’s (ii) The prohibition specified in Hospital Insurance; and Program No. 93.774, Reference Information Center, 445 paragraph (c)(29)(i) of this section is not Medicare—Supplementary Medical Twelfth Street, SW., Washington, DC applicable at a practice location that Insurance Program). 20554. The complete text of this meets one of the following: Dated: August 19, 2010. decision may also be purchased from the Commission’s duplicating (A) Where a physician whose services Donald M. Berwick, are defined in section 1848(j)(3) of the contractor, Best Copy and Printing, Inc., Administrator, Centers for Medicare & 445 12th Street, SW., Room CY–B402, Act or a nonphysician practitioner, as Medicaid Services. Washington, DC, 20554, telephone 1– described in section 1842(b)(18)(C) of Approved: August 24, 2010. the Act, furnishes items to his or her 800–378–3160 or http:// Kathleen Sebelius, www.BCPIWEB.com. This document own patient as part of his or her Secretary. professional service. does not contain proposed information (B) Where a physical or occupational [FR Doc. 2010–21354 Filed 8–26–10; 8:45 am] collection requirements subject to the therapist whose services are defined in BILLING CODE 4120–01–P Paperwork Reduction Act of 1995, sections 1861(p) and 1861(g) of the Act, Public Law 104–13. In addition, furnishes items to his or her own patient therefore, it does not contain any as part of his or her professional service. FEDERAL COMMUNICATIONS proposed information collection burden (C) Where a DMEPOS supplier is co- COMMISSION ‘‘for small business concerns with fewer located with and owned by an enrolled than 25 employees,’’ pursuant to the 47 CFR Part 73 Medicare provider (as described in Small Business Paperwork Relief Act of § 489.2(b) of this chapter). The DMEPOS [DA 10–1521; MB Docket No. 10–22, RM– 2002, Public Law 107–198, see 44 U.S.C. supplier— 11591]. 3506(c)(4). The Commission will send a (1) Must operate as a separate unit; copy of this Report and Order in a and Radio Broadcasting Services; report to be sent to Congress and the (2) Meet all other DMEPOS supplier DeBeque, Colorado Government Accountability Office pursuant to the Congressional Review standards. AGENCY: Federal Communications Act, see 5 U.S.C. 801(a)(1)(A). (30)(i) Except as specified in Commission. paragraph (c)(30)(ii) of this section, is ACTION: Final rule. List of Subjects in 47 CFR Part 73 open to the public a minimum of 30 Radio, Radio broadcasting. hours per week. SUMMARY: The Audio Division grants a ■ (ii) The provision of paragraph Petition for Rule Making issued at the As stated in the preamble, the Federal (c)(30)(i) of this section is not applicable request of Cochise Media Licenses, LLC, Communications Commission amends at a practice location where a— requesting the substitution of Channel 47 CFR part 73 as follows: (A) Physician whose services are 247C3 for vacant Channel 275C3 at PART 73—RADIO BROADCAST defined in section 1848(j)(3) of the Act DeBeque to accommodate the hybrid SERVICES furnishes items to his or her own application, proposing the reallotment patient(s) as part of his or her of Channel 274C3, Crawford, Colorado, ■ 1. The authority citation for part 73 professional service; to Channel 275C3 at Battlement Mesa, continues to read as follows:

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Authority: 47 U.S.C. 154, 303, 334, 336. (NDAA) for Fiscal Year 2008 (Pub. L. Atmospheric Administration (NOAA), 110–181). A correction to the interim Commerce. § 73.202 [Amended] rule was published at 74 FR 35825 on ACTION: Temporary rule; closure of ■ 2. Section 73.202(b), the Table of FM July 21, 2009, to clarify the types of spiny dogfish fishery. Allotments under Colorado, is amended services to which this rule applies, by removing Channel 275C3 and adding consistent with subsections (c)(1)(A) SUMMARY: NMFS announces that the Channel 247C3 at DeBeque. and (c)(1)(C)(i) of section 805 of the spiny dogfish commercial quota available to the coastal states from Federal Communications Commission. NDAA for Fiscal Year 2008. Section 805 specified when time-and-materials or Maine through Florida for the first semi- Andrew J. Rhodes, annual quota period, May 1, 2010 — Senior Counsel, Allocations Audio Division, labor-hour contracts may be used for commercial item acquisitions. October 31, 2010, has been harvested. Media Bureau. Therefore, effective 0001 hours, August [FR Doc. 2010–21430 Filed 8–26–10; 8:45 am] Upon publication of the final rule in the Federal Register at 75 FR 51416 on 27, 2010, federally permitted spiny BILLING CODE 6712–01–P August 20, 2010, DoD was notified of dogfish vessels may not fish for, several public comments that were possess, transfer, or land spiny dogfish submitted timely but were not received until November 1, 2010, when the DEPARTMENT OF DEFENSE by DoD or considered in the formulation Period 2 quota becomes available. of the final rule. Therefore, publication Regulations governing the spiny dogfish Defense Acquisition Regulations fishery require publication of this System of the finalization of the interim rule was premature. At this time, DoD must notification to advise the coastal states from Maine through Florida that the 48 CFR Parts 202, 212, and 234 address the public comments received and consider whether or not there is any quota has been harvested and to advise Defense Federal Acquisition impact on the regulations currently in vessel permit holders and dealer permit Regulation Supplement; Acquisition of effect. Upon completion of an analysis holders that no Federal commercial Commercial Items (2008–D011) of the public comments received, DoD quota is available for landing spiny will publish another document that will dogfish in these states. This action is AGENCY: Defense Acquisition either (1) finalize the interim rule necessary to prevent the fishery from Regulations System, Department of without change, or (2) publish a final exceeding its Period 1 quota and to Defense (DoD). rule incorporating the changes resulting allow for effective management of this ACTION: Interim rule; delay in from consideration of the public stock. confirmation as final. comments. Accordingly, the interim DATES: Quota Period 1 for the spiny rule published at 74 FR 34263 on July dogfish fishery is closed effective at SUMMARY: DoD adopted as final, without 15, 2009, as corrected at 74 FR 35825 on 0001 hr local time, August 27, 2010, change, effective August 20, 2010, the July 21, 2009, remains in effect until through 2400 hr local time October 31, interim rule that amended the Defense such time as DoD publishes a 2010. Effective August 27, 2010, Federal Acquisition Regulation subsequent document to finalize the federally permitted dealers are also Supplement (DFARS) to implement interim rule. advised that they may not purchase sections 805 and 815 of the National This rule was not subject to Office of spiny dogfish from federally permitted Defense Authorization Act for Fiscal Management and Budget review under spiny dogfish vessels. Year 2008. Subsequently, public Executive Order 12866, dated FOR FURTHER INFORMATION CONTACT: comments on the interim rule were September 30, 1993. Lindsey Feldman at (978) 675–2179, or located, which had not been addressed [email protected]. in finalization of the interim rule. These List of Subjects in 48 CFR Parts 202, SUPPLEMENTARY INFORMATION: public comments must be addressed in 212, and 234 the formulation of a final rule. Regulations governing the spiny dogfish Government procurement. fishery are found at 50 CFR part 648. DATES: The interim rule published at 74 Ynette R. Shelkin, The regulations require annual FR 34263 on July 15, 2009, as corrected specification of a commercial quota, at 74 FR 35825 on July 21, 2009, Editor, Defense Acquisition Regulations System. which is allocated into two quota remains unconfirmed as final until periods based upon percentages further notice. When appropriate, [FR Doc. 2010–21365 Filed 8–26–10; 8:45 am] BILLING CODE 5001–08–P specified in the fishery management Defense Acquisition Regulations System plan. The fishery is managed from will publish announcement of final Maine through Florida, as described in adoption in the Federal Register. § 648.230. FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF COMMERCE The initial total commercial quota for Cassandra R. Freeman, Defense National Oceanic and Atmospheric spiny dogfish for the 2010 fishing year Acquisition Regulations System, OUSD Administration is 15 million lb (6,803.89 mt) (74 FR (AT&L) DPAP/DARS, 3060 Defense 36012, June 24, 2010). The commercial Pentagon, Room 3B855, Washington, DC 50 CFR Part 648 quota is allocated into two periods (May 20301–3060. Telephone 703–602–8383; 1 through October 31, and November 1 facsimile 703–602–0350. Please cite [Docket No. 100201058—0260—02] through April 30). Vessel possession DFARS Case 2008–D011. limits are set at 3,000 lb (1.36 mt) for RIN 0648–XY22 SUPPLEMENTARY INFORMATION: both Quota Periods 1 and 2. Quota Period 1 is allocated 8,685,000 lb A. Background Fisheries of the Northeastern United States; Spiny Dogfish Fishery; (3,943.45 mt), and Quota Period 2 is DoD published an interim rule at 74 Commercial Period 1 Quota Harvested allocated 6,315,000 lb (2,864.44 mt) of FR 34263 on July 15, 2009, to the commercial quota. The total quota implement sections 805 and 815 of the AGENCY: National Marine Fisheries cannot be exceeded, so landings in National Defense Authorization Act Service (NMFS), National Oceanic and excess of the amount allocated to Period

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1 have the effect of reducing the quota commercial quota for the spiny dogfish contrary to the public interest. This available to the fishery during Period 2. fishery is available. Therefore, effective action closes the spiny dogfish fishery The Administrator, Northeast Region, 0001 hr local time, August 27, 2010, until November 1, 2010, under current NMFS (Regional Administrator) landings of spiny dogfish in coastal regulations. The regulations at § 648.231 monitors the commercial spiny dogfish states from Maine through Florida by require such action to ensure that spiny quota for each quota period and, based vessels holding commercial Federal dogfish vessels do not exceed the 2010 upon dealer reports, state data, and fisheries permits will be prohibited Period 1 quota. Data indicating the other available information, determines through October 31, 2010, 2400 hr local spiny dogfish fleet will have landed the when the total commercial quota will be time. The 2010 Period 2 quota will be 2010 Period 1 quota have only recently harvested. NMFS is required to publish available for commercial spiny dogfish become available. If implementation of a notification in the Federal Register harvest on November 1, 2010. Effective this closure is delayed to solicit prior advising and notify commercial vessels August 27, 2010, federally permitted public comment, the quota for Period 1 and dealer permit holders that, effective dealers are also advised that they may will be exceeded, thereby undermining upon a specific date, the Federal spiny not purchase spiny dogfish from vessels the conservation objectives of the FMP. dogfish commercial quota has been issued Federal spiny dogfish permits The AA further finds, pursuant to 5 harvested and no Federal commercial that land in coastal states from Maine U.S.C. 553(d)(3), good cause to waive quota is available for landing spiny through Florida. the 30-day delayed effectiveness period dogfish for the remainder of that quota Classification for the reasons stated above. period. This action is required by 50 CFR part Authority: 16 U.S.C. 1801 et seq. Section 648.4(b) provides that Federal 648 and is exempt from review under Dated: August 23, 2010. spiny dogfish permit holders agree, as a Executive Order 12866. condition of the permit, not to land The Assistant Administrator for Carrie Selberg, spiny dogfish in any state after NMFS Fisheries, NOAA (AA), finds good cause Acting Director, Office of Sustainable has published notification in the pursuant to 5 U.S.C. 553(b)(B) to waive Fisheries, National Marine Fisheries Service. Federal Register that the commercial prior notice and the opportunity for [FR Doc. 2010–21382 Filed 8–24–10; 4:15 pm] quota has been harvested and that no public comment because it would be BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 75, No. 166

Friday, August 27, 2010

This section of the FEDERAL REGISTER ADDRESSES: You may send comments by to an address listed under the contains notices to the public of the proposed any of the following methods: ADDRESSES section. Include ‘‘Docket No. issuance of rules and regulations. The • Federal eRulemaking Portal: Go to FAA–2010–0850; Directorate Identifier purpose of these notices is to give interested http://www.regulations.gov. Follow the 2010–NM–076–AD’’ at the beginning of persons an opportunity to participate in the instructions for submitting comments. your comments. We specifically invite rule making prior to the adoption of the final • rules. Fax: (202) 493–2251. comments on the overall regulatory, • Mail: U.S. Department of economic, environmental, and energy Transportation, Docket Operations, aspects of this proposed AD. We will DEPARTMENT OF TRANSPORTATION M–30, West Building Ground Floor, consider all comments received by the Room W12–140, 1200 New Jersey closing date and may amend this Federal Aviation Administration Avenue, SE., Washington, DC 20590. proposed AD based on those comments. • Hand Delivery: U.S. Department of We have lengthened the 30-day 14 CFR Part 39 Transportation, Docket Operations, comment period for proposed ADs that M–30, West Building Ground Floor, address MCAI originated by aviation [Docket No. FAA–2010–0850; Directorate Identifier 2010–NM–076–AD] Room W12–40, 1200 New Jersey authorities of other countries to provide Avenue, SE., Washington, DC, between adequate time for interested parties to RIN 2120–AA64 9 a.m. and 5 p.m., Monday through submit comments. The comment period Friday, except Federal holidays. for these proposed ADs is now typically Airworthiness Directives; Airbus Model For service information identified in 45 days, which is consistent with the A300 Series Airplanes this proposed AD, contact Airbus SAS— comment period for domestic transport AGENCY: Federal Aviation EAW (Airworthiness Office), 1 Rond ADs. Administration (FAA), DOT. Point Maurice Bellonte, 31707 Blagnac We will post all comments we ACTION: Notice of proposed rulemaking Cedex, France; telephone +33 5 61 93 36 receive, without change, to http:// (NPRM). 96; fax +33 5 61 93 44 51; e-mail: www.regulations.gov, including any [email protected]; personal information you provide. We SUMMARY: We propose to adopt a new Internet http://www.airbus.com. You will also post a report summarizing each airworthiness directive (AD) for the may review copies of the referenced substantive verbal contact we receive products listed above. This proposed service information at the FAA, about this proposed AD. AD results from mandatory continuing Transport Airplane Directorate, 1601 Discussion airworthiness information (MCAI) Lind Avenue, SW., Renton, Washington. originated by an aviation authority of For information on the availability of The European Aviation Safety Agency another country to identify and correct this material at the FAA, call 425–227– (EASA), which is the Technical Agent an unsafe condition on an aviation 1221. for the Member States of the European product. The MCAI describes the unsafe Community, has issued EASA condition as: Examining the AD Docket Airworthiness Directive 2010–0019, In accordance with design regulation, the You may examine the AD docket on dated February 5, 2010 (referred to after THSA [trimmable horizontal stabilizer the Internet at http:// this as ‘‘the MCAI’’), to correct an unsafe actuator] has a failsafe design. Its upper www.regulations.gov; or in person at the condition for the specified products. attachment to the aeroplane has two load Docket Operations office between 9 a.m. The MCAI states: paths, a Primary Load Path (PLP) and a and 5 p.m., Monday through Friday, In accordance with design regulation, the Secondary Load Path (SLP), which is only except Federal holidays. The AD docket THSA [trimmable horizontal stabilizer engaged in case of PLP failure. Following the actuator] has a failsafe design. Its upper design intent, engagement of the SLP leads to contains this proposed AD, the regulatory evaluation, any comments attachment to the aeroplane has two load jam the THSA, indicating the failure of the paths, a Primary Load Path (PLP) and a PLP. received, and other information. The street address for the Docket Operations Secondary Load Path (SLP), which is only Tests carried out under the loads-measured engaged in case of PLP failure. Following the during representative flights have office (telephone (800) 647–5527) is in design intent, engagement of the SLP leads to demonstrated that, when the SLP is engaged, the ADDRESSES section. Comments will jam the THSA, indicating the failure of the it does not systematically jam the THSA. In be available in the AD docket shortly PLP. addition, laboratory tests have confirmed that after receipt. Tests carried out under the loads-measured the SLP will only withstand the loads for a FOR FURTHER INFORMATION CONTACT: Dan during representative flights have limited period of time. demonstrated that, when the SLP is engaged, This condition of PLP failure during an Rodina, Aerospace Engineer, it does not systematically jam the THSA. In extended period of time, if not detected and International Branch, ANM–116, addition, laboratory tests have confirmed that corrected, would lead to the rupture of the Transport Airplane Directorate, FAA, the SLP will only withstand the loads for a THSA upper attachment and consequent 1601 Lind Avenue, SW., Renton, limited period of time. THSA loss of command, resulting in reduced Washington 98057–3356; telephone This condition of PLP failure during an control of the aeroplane. (425) 227–2125; fax (425) 227–1149. extended period of time, if not detected and corrected, would lead to the rupture of the * * * * * SUPPLEMENTARY INFORMATION: The proposed AD would require actions THSA upper attachment and consequent that are intended to address the unsafe Comments Invited THSA loss of command, resulting in reduced control of the aeroplane. condition described in the MCAI. We invite you to send any written For the reasons stated above, this AD DATES: We must receive comments on relevant data, views, or arguments about requires repetitive [detailed] inspections to this proposed AD by October 12, 2010. this proposed AD. Send your comments detect if damage exists to the THSA upper

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attachment and if the SLP has been engaged Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. and corrective actions, depending on findings. Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding The corrective actions include rules on aviation safety. Subtitle I, the following new AD: contacting Airbus for instructions and section 106, describes the authority of ‘‘ Airbus: Docket No. FAA–2010–0850; doing those instructions. You may the FAA Administrator. Subtitle VII: Directorate Identifier 2010–NM–076–AD. obtain further information by examining Aviation Programs,’’ describes in more the MCAI in the AD docket. detail the scope of the Agency’s Comments Due Date authority. (a) We must receive comments by October Relevant Service Information We are issuing this rulemaking under 12, 2010. Airbus has issued Mandatory Service the authority described in ‘‘Subtitle VII, Affected ADs Part A, Subpart III, Section 44701: Bulletin A300–27–0203, including (b) None. Appendix 01, dated June 8, 2009. The General requirements.’’ Under that actions described in this service section, Congress charges the FAA with Applicability information are intended to correct the promoting safe flight of civil aircraft in (c) This AD applies to Airbus Model A300 unsafe condition identified in the air commerce by prescribing regulations B2–1A, B2–1C, B4–2C, B2K–3C, B4–103, B2– MCAI. for practices, methods, and procedures 203, and B4–203 airplanes, certificated in the Administrator finds necessary for any category, all serial numbers. FAA’s Determination and Requirements safety in air commerce. This regulation Subject of This Proposed AD is within the scope of that authority (d) Air Transport Association (ATA) of This product has been approved by because it addresses an unsafe condition America Code 27: Flight Controls. that is likely to exist or develop on the aviation authority of another Reason country, and is approved for operation products identified in this rulemaking action. (e) The mandatory continuing in the United States. Pursuant to our airworthiness information (MCAI) states: bilateral agreement with the State of Regulatory Findings In accordance with design regulation, the Design Authority, we have been notified THSA [trimmable horizontal stabilizer of the unsafe condition described in the We determined that this proposed AD actuator] has a failsafe design. Its upper MCAI and service information would not have federalism implications attachment to the aeroplane has two load referenced above. We are proposing this under Executive Order 13132. This paths, a Primary Load Path (PLP) and a Secondary Load Path (SLP), which is only AD because we evaluated all pertinent proposed AD would not have a substantial direct effect on the States, on engaged in case of PLP failure. Following the information and determined an unsafe design intent, engagement of the SLP leads to condition exists and is likely to exist or the relationship between the national Government and the States, or on the jam the THSA, indicating the failure of the develop on other products of the same PLP. type design. distribution of power and Tests carried out under the loads-measured responsibilities among the various during representative flights have Differences Between This AD and the levels of government. demonstrated that, when the SLP is engaged, MCAI or Service Information For the reasons discussed above, I it does not systematically jam the THSA. In certify this proposed regulation: addition, laboratory tests have confirmed that We have reviewed the MCAI and 1. Is not a ‘‘significant regulatory the SLP will only withstand the loads for a related service information and, in action’’ under Executive Order 12866; limited period of time. general, agree with their substance. But 2. Is not a ‘‘significant rule’’ under the This condition of PLP failure during an extended period of time, if not detected and we might have found it necessary to use DOT Regulatory Policies and Procedures different words from those in the MCAI corrected, would lead to the rupture of the (44 FR 11034, February 26, 1979); and THSA upper attachment and consequent to ensure the AD is clear for U.S. 3. Will not have a significant THSA loss of command, resulting in reduced operators and is enforceable. In making economic impact, positive or negative, control of the aeroplane. these changes, we do not intend to differ on a substantial number of small entities * * * * * substantively from the information under the criteria of the Regulatory provided in the MCAI and related Flexibility Act. Compliance service information. We prepared a regulatory evaluation (f) You are responsible for having the We might also have proposed of the estimated costs to comply with actions required by this AD performed within the compliance times specified, unless the different actions in this AD from those this proposed AD and placed it in the actions have already been done. in the MCAI in order to follow FAA AD docket. policies. Any such differences are Actions List of Subjects in 14 CFR Part 39 highlighted in a Note within the (g) Within 2,500 flight hours after the proposed AD. Air transportation, Aircraft, Aviation effective date of this AD, do a detailed visual safety, Incorporation by reference, inspection for metallic particles, cracks, Costs of Compliance Safety. scratches, and missing materials of the THSA upper attachment and screw shaft, in Based on the service information, we The Proposed Amendment accordance with the Accomplishment estimate that this proposed AD would Instructions of Airbus Mandatory Service affect about 5 products of U.S. registry. Accordingly, under the authority Bulletin A300–27–0203, dated June 8, 2009. We also estimate that it would take delegated to me by the Administrator, Repeat the inspection thereafter at intervals about 2 work-hours per product to the FAA proposes to amend 14 CFR part not to exceed 2,500 flight hours. comply with the basic requirements of 39 as follows: (h) If during any inspection required by this proposed AD. The average labor paragraph (g) of this AD, any metallic PART 39—AIRWORTHINESS particle, crack, scratch, or missing material is rate is $85 per work-hour. Based on DIRECTIVES found, before further flight, contact Airbus to these figures, we estimate the cost of the obtain approved corrective action proposed AD on U.S. operators to be 1. The authority citation for part 39 instructions, and accomplish those $850, or $170 per product. continues to read as follows: instructions accordingly.

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(i) Doing the corrective actions in DEPARTMENT OF TRANSPORTATION to the Docket Management System (see paragraph (h) of this AD is not a terminating ADDRESSES section for address and action for the repetitive inspection required Federal Aviation Administration phone number). You may also submit by paragraph (g) of this AD. comments through the Internet at 14 CFR Part 71 FAA AD Differences http://www.regulations.gov. [Docket No. FAA–2010–0685; Airspace Comments wishing the FAA to Note 1: This AD differs from the MCAI Docket No. 10–ASO–27] acknowledge receipt of their comments and/or service information as follows: No on this action must submit with those differences. Proposed Establishment of Class E comments a self-addressed stamped Airspace; Bamberg, SC postcard on which the following Other FAA AD Provisions statement is made: ‘‘Comments to (j) The following provisions also apply to AGENCY: Federal Aviation Docket No. FAA–2010–0685; Airspace this AD: Administration (FAA), DOT. Docket No. 10–ASO–27.’’ The postcard (1) Alternative Methods of Compliance ACTION: Notice of proposed rulemaking will be date/time stamped and returned (AMOCs): The Manager, International (NPRM). to the commenter. Branch, ANM–116, Transport Airplane All communications received before Directorate, FAA, has the authority to SUMMARY: This action proposes to the specified closing date for comments approve AMOCs for this AD, if requested establish Class E Airspace at Bamberg, will be considered before taking action using the procedures found in 14 CFR 39.19. SC, to accommodate the additional on the proposed rule. The proposal Send information to ATTN: Dan Rodina, airspace needed for the Standard contained in this notice may be changed Aerospace Engineer, International Branch, Instrument Approach Procedures in light of the comments received. A ANM–116, Transport Airplane Directorate, (SIAPs) developed for Bamberg County report summarizing each substantive FAA, 1601 Lind Avenue, SW., Renton, Airport. This action would enhance the public contact with FAA personnel Washington 98057–3356; telephone (425) safety and airspace management of concerned with this rulemaking will be 227–2125; fax (425) 227–1149. Before using Instrument Flight Rules (IFR) operations filed in the docket. any approved AMOC on any airplane to at the airport. Availability of NPRMs which the AMOC applies, notify your DATES: 0901 UTC. Comments must be principal maintenance inspector (PMI) or received on or before October 12, 2010. An electronic copy of this document principal avionics inspector (PAI), as ADDRESSES: Send comments on this rule may be downloaded from and appropriate, or lacking a principal inspector, to: U.S. Department of Transportation, comments submitted through http:// your local Flight Standards District Office. www.regulations.gov. Recently The AMOC approval letter must specifically Docket Operations, West Building Ground Floor, Room W12–140, 1200 published rulemaking documents can reference this AD. also be accessed through the FAA’s Web (2) Airworthy Product: For any New Jersey Avenue, SE., Washington, DC 20590–0001; Telephone: 1–800– page at http://www.faa.gov/ requirement in this AD to obtain corrective airports_airtraffic/air_traffic/ actions from a manufacturer or other source, 647–5527; Fax: 202–493–2251. You _ must identify the Docket Number FAA– publications/airspace amendments/. use these actions if they are FAA-approved. You may review the public docket Corrective actions are considered FAA- 2010–0685; Airspace Docket No. 10– ASO–27, at the beginning of your containing the proposal, any comments approved if they are approved by the State received, and any final disposition in of Design Authority (or their delegated comments. You may also submit and review received comments through the person in the Dockets Office (see the agent). You are required to assure the product ADDRESSES section for address and is airworthy before it is returned to service. Internet at http://www.regulations.gov. phone number) between 9 a.m. and (3) Reporting Requirements: For any 5 p.m., Monday through Friday, except reporting requirement in this AD, under the FOR FURTHER INFORMATION CONTACT: Federal Holidays. An informal docket provisions of the Paperwork Reduction Act Melinda Giddens, Operations Support may also be examined during normal (44 U.S.C. 3501 et seq.), the Office of Group, Eastern Service Center, Federal business hours at the office of the Management and Budget (OMB) has Aviation Administration, P.O. Box Eastern Service Center, Federal Aviation approved the information collection 20636, Atlanta, Georgia 30320; Administration, room 210, 1701 requirements and has assigned OMB Control telephone (404) 305–5610. Columbia Avenue, College Park, Georgia Number 2120–0056. SUPPLEMENTARY INFORMATION: 30337. Related Information Comments Invited Persons interested in being placed on (k) Refer to MCAI European Aviation a mailing list for future NPRM’s should Interested persons are invited to Safety Agency Airworthiness Directive 2010– contact the FAA’s Office of Rulemaking, comment on this rule by submitting 0019, dated February 5, 2010; and Airbus (202) 267–9677, to request a copy of such written data, views, or arguments, Mandatory Service Bulletin A300–27–0203, Advisory circular No. 11–2A, Notice of as they may desire. Comments that dated June 8, 2009; for related information. Proposed Rulemaking distribution provide the factual basis supporting the System, which describes the application Issued in Renton, Washington, on August views and suggestions presented are procedure. 20, 2010. particularly helpful in developing The Proposal Jeffrey E. Duven, reasoned regulatory decisions on the proposal. Comments are specifically The FAA is considering an Acting Manager, Transport Airplane invited on the overall regulatory, amendment to Title 14, Code of Federal Directorate, Aircraft Certification Service. aeronautical, economic, environmental, Regulations (14 CFR) part 71 to establish [FR Doc. 2010–21419 Filed 8–26–10; 8:45 am] and energy-related aspects of the Class E airspace at Bamberg, SC to BILLING CODE 4910–13–P proposal. provide controlled airspace required to Communications should identify both support the SIAPs developed for docket numbers (FAA Docket No. FAA– Bamberg County Airport. Class E 2010–0685; Airspace Docket No. 10– airspace extending upward from 700 ASO–27) and be submitted in triplicate feet above the surface would be

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established for the safety and Authority: 49 U.S.C. 106(g); 40103, 40113, ADDRESSES: Interested parties are management of IFR operations. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– invited to submit written comments Class E airspace designations are 1963 Comp., p. 389. electronically or in paper form by published in Paragraph 6005 of FAA § 71.1 [Amended] following the instructions in the order 7400.9T, signed August 27, 2009, SUPPLEMENTARY INFORMATION section 2. The incorporation by reference in and effective September 15, 2009, which below. Comments in electronic form 14 CFR 71.1 of Federal Aviation is incorporated by reference in 14 CFR should be submitted by using the Administration Order 7400.9T, Airspace 71.1. The Class E airspace designation following weblink: (https:// Designations and Reporting Points, listed in this document will be ftcpublic.commentworks.com/ftc/ signed August 27, 2009, effective published subsequently in the Order. fcrarevisednotices) (and following the September 15, 2009, is amended as The FAA has determined that this instructions on the web-based form). follows: proposed regulation only involves an Comments filed in paper form should be established body of technical Paragraph 6005 Class E airspace areas mailed or delivered to the following regulations for which frequent and extending upward from 700 feet or more address: Federal Trade Commission, routine amendments are necessary to above the surface of the earth. Office of the Secretary, Room H-135 keep them operationally current. It, * * * * * (Annex M), 600 Pennsylvania Avenue, therefore, (1) is not a ‘‘significant NW, Washington, D.C. 20580, in the regulatory action’’ under Executive ASO SC E5 Bamberg, SC [NEW] manner detailed in the SUPPLEMENTARY Order 12866; (2) is not a ‘‘significant Bamberg County Airport, SC INFORMATION section below. ° ′ ″ ° ′ ″ rule’’ under DOT Regulatory Policies (Lat. 33 18 16 N., long. 81 06 30 W.) FOR FURTHER INFORMATION CONTACT: and Procedures (44 FR 11034; February That airspace extending upward from 700 Pavneet Singh, Attorney, Division of 26, 1979); and (3) does not warrant feet above the surface within a 6.3-mile Privacy and Identity Protection, Bureau radius of the Bamberg County Airport. preparation of a Regulatory Evaluation of Consumer Protection, Federal Trade as the anticipated impact is so minimal. Issued in College Park, Georgia, on August Commission, 600 Pennsylvania Avenue, Since this is a routine matter that will 12, 2010. NW, Washington, DC 20580, (202) 326- only affect air traffic procedures and air Mark D. Ward, 2252. navigation, it is certified that this Manager, Operations Support Group, Eastern SUPPLEMENTARY INFORMATION: proposed rule, when promulgated, Service Center, Air Traffic Organization. would not have a significant economic [FR Doc. 2010–21215 Filed 8–26–10; 8:45 am] I. Background impact on a substantial number of small BILLING CODE 4910–13–P Under section 609(c) of the Fair Credit entities under the criteria of the Reporting Act (FCRA), consumer Regulatory Flexibility Act. reporting agencies (CRAs) are required The FAA’s authority to issue rules FEDERAL TRADE COMMISSION to include a summary of consumer regarding aviation safety is found in rights with every consumer report they Title 49 of the United States Code. 16 CFR Part 698 provide to consumers.1 The Subtitle I, Section 106 describes the RIN 3084-AA94 Commission is required to provide a authority of the FAA Administrator. model summary of rights (Summary of Subtitle VII, Aviation Programs, Summary of Rights and Notices of Rights) to be used for this purpose. In describes in more detail the scope of the Duties Under the Fair Credit Reporting addition, section 607(d)(2) of the FCRA agency’s authority. This proposed Act requires the Commission to prescribe rulemaking is promulgated under the the content of notices that CRAs must authority described in Subtitle VII, Part, AGENCY: Federal Trade Commission provide to those who furnish A, Subpart I, Section 40103. Under that ACTION: Proposed rule; request for information to them (Furnisher Notice) section, the FAA is charged with comment. and to those who obtain consumer prescribing regulations to assign the use reports from them (User Notice).2 of airspace necessary to ensure the SUMMARY: Pursuant to its The Commission originally issued safety of aircraft and the efficient use of responsibilities under the Fair Credit these three documents in 1997.3 It airspace. This proposed regulation is Reporting Act, the Federal Trade issued revised versions in 20044 to within the scope of that authority as it Commission (Commission or FTC) is reflect changes made to the FCRA by the would establish Class E airspace at publishing for public comment revised Fair and Accurate Credit Transactions Bamberg County Airport, Bamberg, SC. versions of three documents: a summary Act of 2003 (FACT Act).5 Since then, of consumer rights, a notice of Lists of Subjects in 14 CFR Part 71 the Commission and other financial responsibilities for persons that furnish regulators have finalized new rules Airspace, Incorporation by reference, information to consumer reporting under the FACT Act. The Commission Navigation (Air). agencies, and a notice of responsibilities is now proposing a newly revised The Proposed Amendment for persons that obtain consumer reports Summary of Rights, User Notice, and from consumer reporting agencies. The In consideration of the foregoing, the Commission is proposing the current 1 15 U.S.C. 1681g(c). Under section 609(a) of the Federal Aviation Administration revisions to incorporate changes in FCRA, 15 U.S.C. 1681g(a), CRAs are required to proposes to amend 14 CFR Part 71 as rights and obligations created by several disclose to consumers the information in their files follows: upon request. CRAs generally refer to these new rules issued pursuant to the Fair disclosures as ‘‘file disclosures’’ and provide them and Accurate Credit Transactions Act of PART 71—DESIGNATION OF CLASS A, in a different format than the consumer reports they 2003. The Commission is also proposing provide to third parties. For purposes of this notice, B, C, D, AND CLASS E AIRSPACE revisions to improve the clarity and the term ‘‘consumer report’’ includes a ‘‘file AREAS; AIR TRAFFIC SERVICE usefulness of the documents for disclosure’’ from a CRA to a consumer. ROUTES; AND REPORTING POINTS 2 15 U.S.C. 1681e(d). consumers, furnishers, and users. 3 62 FR 35586 (1997). 1. The authority citation for Part 71 DATES: Comments must be received on 4 69 FR 69776 (2004). continues to read as follows: or before September 21, 2010. 5 Pub. L. 108-159, 117 Stat. 1952 (2003).

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Furnisher Notice to reflect these new In addition, the proposed revised 1, 2011, the Risk-Based Pricing Rule rules, as explained further below.6 The Summary of Rights reflects changes to will require users of consumer reports to proposed revised versions are also improve the clarity and readability of provide risk-based pricing notices in intended to improve the clarity and the document. The changes include certain circumstances if they extend usefulness of the documents for reordering some of the information credit to a particular consumer on less consumers, furnishers, and users. For provided, as well as making formatting favorable terms than those they offer to comparison, the 2004 versions of these changes and minor wording changes to others. As an alternative to providing notices can be found at (www.ftc.gov/ certain sections. risk-based pricing notices, the Rule opa/2004/11/facta.shtm). Finally, in order to keep the Summary permits such users to provide of Rights sufficiently brief and to consumers who apply for credit with a II. Summary of the Proposed Revised improve its readability, the proposed free credit score and information about Notices revised Summary of Rights deletes their credit score. Second, if a CRA A. Summary of Rights (Appendix F to 16 certain information that the Commission notifies a user of consumer reports that CFR 698) is not required to include. The current the address the user provided about a Section 609(c) of the FCRA requires Summary of Rights incorporates a list of consumer is different from the address the Commission to issue a model Federal agencies responsible for in the consumer report, the Address Summary of Rights, which must include enforcing the FCRA, which the CRAs Discrepancy Rule, which became an explanation of (1) the consumer’s are also required to provide to effective on January 1, 2008, requires right to obtain his or her consumer consumers with their consumer reports. the user to implement reasonable report; (2) the frequency and However, the FCRA does not require procedures to verify that the consumer circumstances under which a consumer this list to be included in the Summary report relates to the correct consumer. may receive free consumer reports of Rights. Accordingly, the Commission Users of consumer reports that verify under the FCRA; (3) the right of a proposes not to include this information the address is accurate, and that consumer to dispute incorrect or in the proposed revised Summary of regularly furnish information to the outdated information in his or her Rights. Instead, the Commission CRA, have additional responsibilities consumer report; and (4) the right of a proposes to make available on its under the Rule. Finally, the Medical consumer to obtain a credit score.7 website a separate document that lists Information Rules, which became With respect to a consumer’s right to the Federal agencies responsible for effective on April 1, 2006, prescribe the dispute information in his or her enforcing the FCRA, along with their circumstances under which creditors consumer report, on July 1, 2009, the addresses, phone numbers, and website may obtain, use, and share medical Commission and other federal addresses, which can be updated more information. The proposed revised User regulatory agencies issued the Furnisher easily. CRAs may use this document to Notice has been revised to reflect all of Direct Dispute Rule, which took effect satisfy their obligation to provide these obligations, as well as to improve on July 1, 2010. Prior to the effective consumers a list of Federal agencies the clarity and readability of the date of this Rule, under the FCRA, responsible for enforcing the FCRA. document.10 consumers had a right to dispute the B. Furnisher Notice (Appendix G to 16 III. Request for Comments accuracy of information in their CFR 698) consumer reports only by filing a The Commission invites comment on dispute with a CRA. Under the The proposed revised Furnisher all aspects of the proposed revised Furnisher Direct Dispute Rule, Notice reflects the new duties of Summary of Rights, Furnisher Notice, consumers may dispute the accuracy of furnishers set forth in the Furnisher and User Notice. The Commission also information in their consumer report Direct Dispute Rule described above. It invites comment from all interested directly with the furnisher of that also reflects new duties contained in the parties on the following issues: information as well as the CRA. The Furnisher Accuracy Rule, which became Summary of Rights (Appendix F) proposed revised Summary of Rights effective on July 1, 2010. The Rule ∑ requires furnishers to establish policies Has the existing Summary of Rights reflects this additional dispute right. been effective in informing consumers Because it is difficult to inform and procedures to ensure the accuracy and integrity of the consumer report about their rights under the FCRA? consumers fully of their dispute rights ∑ Has the Commission included all of in a summary fashion, the proposed information they furnish to CRAs, and to consider the guidelines prescribed by the rights that should be included in the revised Summary of Rights also directs model summary? the agencies in establishing these consumers to the Commission’s website ∑ Has the Commission clearly and policies and procedures. In addition, the for more information about disputing sufficiently described a consumer’s consumer report errors.8 proposed revised Furnisher Notice also ability to dispute inaccurate consumer includes revisions to improve the clarity 9 report information with both the 6 At this time, the Commission is not issuing a and readability of the document. furnisher of the information and with revised version of the identity theft rights summary required by section 609(d) of the FCRA. The C. User Notice (Appendix H to 16 CFR the CRA? Is it useful to provide a Commission is currently undertaking a survey of 698) reference to the FTC’s website for identity theft victims who contacted the FTC and The proposed revised User Notice additional information about disputing expects that when completed, the results of that such errors? survey may influence any future revisions of the reflects the new duties of users set forth ∑ Is it appropriate to provide identity theft rights summary. See 73 FR 37457 in several of the rules finalized pursuant information about the Federal agencies (2009). to the FACT Act. First, effective January 7 Section 609(c) also requires that CRAs notify responsible for enforcing the FCRA and consumers that they may have additional rights the contact information for these under state law and that the FCRA does not require in credit reports to reflect consumers’ new right to accurate, current derogatory information to be dispute inaccurate information directly with agencies in a separate document, which removed from consumers’ files. Thus, the furnishers. Commission has also included this information in 9 These revisions include deleting citation 10 As with the Furnisher Notice, these revisions its Summary of Rights. references to the relevant sections of the FCRA from include deleting citation references to the relevant 8 The Commission is concurrently updating its the text of the Notice and placing them in endnotes sections of the FCRA from the text of the User consumer education materials on disputing errors to make the document easier to read. Notice and placing them in endnotes.

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will be made available on the FTC’s Interested parties are invited to www.ftc.gov) to read the Notice and the website? submit written comments electronically news release describing it. ∑ Are there areas where the or in paper form. Comments should A comment filed in paper form understandability of the proposed refer to ‘‘FACTA Notices, Project No. should include the ‘‘FACTA Notices, revised Summary of Rights could be P105408,’’ to facilitate the organization Project No. P105408’’ reference both in improved? Are there any sections for of comments. Please note that your the text and on the envelope, and which the language does not accurately comment – including your name and should be mailed or delivered to the convey the substance of the provision? your state – will be placed on the public following address: Federal Trade If so, how could such sections be record of this proceeding, including on Commission, Office of the Secretary, improved? the publicly accessible FTC website, at Room H-135 (Annex M), 600 ∑ The proposed revised Summary of (http://www.ftc.gov/os/ Pennsylvania Avenue, NW, Washington, Rights uses the term ‘‘credit report’’ to publiccomments.shtm). D.C. 20580. The FTC is requesting that describe a consumer report under the Because comments will be made any comment filed in paper form be sent FCRA because the Commission believes public, they should not include any by courier or overnight service, if it is the term with which consumers are sensitive personal information, such as possible, because U.S. postal mail in the most familiar. However, as explained in any individual’s Social Security Washington area and at the Commission the proposed revised Summary of number; date of birth; driver’s license is subject to delay due to heightened Rights, consumers may obtain reports number or other state identification security precautions. that contain non-credit information, number, or foreign country equivalent; The FTC Act and other laws that the such as rental or medical history passport number; financial account Commission administers permit the information. Should an additional or number; or credit or debit card number. collection of public comments to consider and use in this proceeding as alternate term be used to describe these Comments also should not include any appropriate. The Commission will types of reports? Would it be more sensitive health information, such as consider all timely and responsive effective and is it feasible to create a medical records or other individually public comments that it receives, separate model Summary of Rights to identifiable health information. In whether filed in paper or electronic send to consumers who request reports addition, comments should not include form. Comments received will be that contain non-credit information? ‘‘trade secret or any commercial or financial information which is obtained available to the public on the FTC Furnisher Notice (Appendix G) from any person and which is privileged website, to the extent practicable, at ∑ Is the proposed revised Furnisher or confidential’’ as provided in Section (http://www.ftc.gov/os/ Notice accurate and easy to understand? 6(f) of the Federal Trade Commission publiccomments.shtm). As a matter of In what ways could it be improved? Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and discretion, the FTC makes every effort to remove home contact information for ∑ The Commission expects that the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). individuals from the public comments it Furnisher Notice will be sent to a wide Comments containing matter for which receives before placing those comments range of entities with varying degrees of confidential treatment is requested must on the FTC website. More information, legal sophistication. Are the duties set be filed in paper form, must be clearly including routine uses permitted by the forth in the proposed notice clear and labeled ‘‘Confidential,’’ and must 11 Privacy Act, may be found in the FTC’s understandable? Could the description comply with FTC Rule 4.9(c). privacy policy, at (http://www.ftc.gov/ of the duties be improved? Because paper mail addressed to the ftc/privacy.htm). ∑ Does the deletion of the citations to FTC is subject to delay due to the relevant sections of the FCRA from heightened security screening, please IV. Communications by Outside Parties the text to the endnotes improve the consider submitting your comments in to the Commissioners or Their Advisors electronic form. Comments filed in readability of the document? Or are the Written communications and citations necessary for furnishers to electronic form should be submitted using the following weblink: (https:// summaries or transcripts of oral locate and understand their statutory communications respecting the merits obligations? ftcpublic.commentworks.com/ftc/ fcrarevisednotices) (and following the of this proceeding from any outside User Notice (Appendix H) instructions on the web-based form). To party to any Commissioner or ∑ ensure that the Commission considers Commissioner’s advisor will be placed The proposed revised User Notice on the public record.12 discusses the principal portions of the an electronic comment, you must file it FCRA that impose obligations upon on the web-based form at the weblink V. Paperwork Reduction Act those who receive consumer reports. (https://ftcpublic.commentworks.com/ In accordance with the Paperwork Should additional information be ftc/fcrarevisednotices). If this Notice Reduction Act of 1995 (PRA), 44 U.S.C. included in the notice? appears at (http://www.regulations.gov/ 3501-3521, the Commission reviewed ∑ The Commission expects that the search/Regs/home.html#home), you the summary of rights and the furnisher User Notice will be sent to a wide range may also file an electronic comment and user notices for compliance with of users with varying degrees of legal through that website. The Commission the PRA when it issued them in 1997 sophistication. Are the duties set forth will consider all comments that and when it revised them in 2004. At in the proposed notice clear and easy to regulations.gov forwards to it. You may both times, the Commission concluded understand? Could the description of also visit the FTC Website at (http:// that the summary and notices consisted the duties be improved? of information that is supplied by the ∑ 11 The comment must be accompanied by an Does the deletion of the citations to explicit request for confidential treatment, Federal government. Accordingly, the the relevant sections of the FCRA from including the factual and legal basis for the request, Commission determined that these the text to the endnotes improve the and must identify the specific portions of the notices do not constitute a ‘‘collection of readability of the document? Or are the comment to be withheld from the public record. information’’ as this term is defined in The request will be granted or denied by the citations necessary for users to locate Commission’s General Counsel, consistent with the regulations implementing the PRA, and understand their statutory applicable law and the public interest. See FTC obligations? Rule 4.9(c), 16 CFR 4.9(c). 12 See 16 CFR 1.26(b)(5).

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nor do the financial resources expended Notice, and User Notice to educate the Commission is providing the in relation to the distribution of these consumers, furnishers of information to language for the summary and notices, documents constitute a paperwork CRAs, and users of information from businesses need not incur legal or other burden. See 5 CFR 1320.3(c)(2). The CRAs as to their rights or duties under professional costs to develop any new Commission has reviewed the proposed the FCRA. As noted earlier, the legal written material. The cost of training changes to the current summary and bases for the proposed summary and employees, if any, should be minimal. notices. The Commission has notices are sections 609(c) and 607(d) of Moreover, when the Furnisher Notice concluded, consistent with its analyses the FCRA, respectively. and User Notice are distributed in 1997 and 2004, that the proposed C. Small Entities to Which the Proposed electronically, the Commission believes summary and notices do not fall within Rule Will Apply the distribution costs will be negligible. the definition of ‘‘collection of information’’ covered by the PRA The proposed revised Summary of E. Duplicative, Overlapping, or because they are ‘‘[t]he public disclosure Rights, Furnisher Notice, and User Conflicting Federal Rules of information originally supplied by Notice are to be distributed by CRAs. The Commission has not identified the Federal government to the recipient The consumer reporting industry is any other federal statutes, rules, or for the purpose of disclosure to the composed primarily of ‘‘nationwide’’ policies that would duplicate, overlap, public * * *.’’ 5 CFR 1320.3(c)(2). CRAs and ‘‘nationwide specialty’’ CRAs, or conflict with the proposed summary as defined in FCRA sections 603(p) and VI. Regulatory Flexibility Act or notices. The Commission invites 603(w), respectively. The Commission comment and information on this issue. The Regulatory Flexibility Act (RFA), believes that the nationwide and 5 U.S.C. 601—612, requires that the nationwide specialty CRAs will be F. Significant Alternatives to the Commission provide an Initial responsible for much of the distribution Proposed Rule Regulatory Flexibility Analysis (IRFA) of the summary and notices. The In some situations, the Commission with any action that may constitute a Commission believes that none of the has considered adopting a delayed rule unless the Commission certifies nationwide CRAs is a ‘‘small’’ entity.13 effective date for small entities subject that the action will not have a There are, however, small CRAs to new regulation in order to provide significant economic impact on a associated with the nationwide CRAs, them with additional time to come into substantial number of small entities. See and there are small, independent CRAs. compliance. In this case, however, the 5 U.S.C. 603—605. The Commission Based on the membership of the major Commission proposes not to delay the concludes that the proposed revised CRA trade associations, the Commission effective date because small entities will Summary of Rights, Furnisher Notice, believes that the total universe of be given the texts of the proposed and User Notice will not have a entities potentially covered by the summary and notices to be distributed significant economic impact on a requirement to distribute the summary and will not incur additional costs in substantial number of small entities, as and notices is between 600 and 1000. developing them. discussed below. Accordingly, this The Commission does not know how The Commission seeks comment and document serves as notice to the Small many of these entities are ‘‘small.’’ The information with regard to (1) the Business Administration of the agency’s Commission invites comments on the existence of small business entities for certification of no effect. To ensure the number of ‘‘small’’ entities that will be which distribution of the required accuracy of this certification, however, affected by its proposal. Summary of Rights, Furnisher Notices, the Commission requests comment on D. Projected Reporting, Recordkeeping, and User Notices would have a whether the proposed revised summary and Other Compliance Requirements significant economic impact; and (2) or notices will have a significant impact suggested alternative methods of The proposed rule would impose no on a substantial number of small compliance that, consistent with the specific reporting or recordkeeping entities, including specific information statutory requirements, would reduce requirements. CRAs will be required, on the number of entities that will be the economic impact of the however, to distribute the prescribed covered by the proposed rules, the requirements of this proceeding on summary and notices. The Summary of number of these entities that are small, these entities. If the comments filed in Rights will be distributed with each and the average annual burden for each response to this notice identify small consumer report provided to consumers entity. To assist commenters, the entities that are significantly affected, as by CRAs, and will be distributed to large Commission has prepared the following well as alternative methods of numbers of consumers each year. The analysis: compliance that would reduce the CRAs will need to distribute the revised economic impact on such entities, the A. Description of the Reasons That Furnisher Notice and User Notice on a Commission will consider the feasibility Action by the Agency Is Being Taken one-time basis to all of the entities that of such alternatives. The agency has undertaken this furnish information to a CRA or use proceeding to implement provisions of information obtained from a CRA, even List of Subjects in 16 CFR Part 698 the FCRA. Specifically, section 609(c) of if they were previously sent a prior Fair Credit Reporting Act, Consumer the FCRA requires the Commission to version of the notices. However, the reports, Consumer reporting agencies, prepare the Summary of Rights for Commission does not believe that this Credit, Trade practices. consumers and section 607(d) requires requirement will increase in any Accordingly, pursuant to 15 U.S.C. the Commission to issue the Furnisher significant way the burdens already 1681e and 1681g, the Federal Trade Notice and User Notice. All of these imposed by the FCRA on CRAs. Because Commission hereby proposes to amend documents will be distributed by CRAs. Part 698, chapter 1, title 16, Code of 13 CRAs subject to the Commission’s jurisdiction B. The Proposal’s Objectives and Legal with annual receipts of $7 million or less are Federal Regulations, as follows: Basis considered small businesses. A list of the SBA’s 1. The authority citation for this part size standards for all industries can be found at continues to read as follows: The objective of the Commission’s (http://www.sba.gov/idc/groups/public/documents/ action is the issuance of a proposed sba_homepage/serv_sstd_tablepdf.pdf) (last visited Authority: 15 U.S.C. 1681e, 1681g, 1681s, revised Summary of Rights, Furnisher June 25, 2010). and 1681j; 117 Stat. 1952; Pub. L. 108–159,

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sections 151, 153, 211(c) and (d), 213, and Commission’s model summary with all will be in compliance with the Commission’s 311. information clearly and prominently model, provided that the translation is 2. Revise Appendices F through H to displayed. A separate list of federal accurate and that it is provided in a language read as follows: regulators is available at the Commission’s used by the recipient consumer. website at (www.ftc.gov/credit). A summary APPENDIX F TO PART 698–GENERAL BILLING CODE 6750–01–S should accurately reflect changes to those SUMMARY OF CONSUMER RIGHTS items that may change over time (e.g., dollar The prescribed form for this summary is a amounts or telephone numbers) to remain in disclosure that is substantially similar to the compliance. Translations of this summary

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APPENDIX G TO PART 698–NOTICE similar to the Commission’s model notice they know are relevant to the furnisher that OF FURNISHER RESPONSIBILITIES with all information clearly and prominently will receive the notice. displayed. Consumer reporting agencies may The prescribed form for this disclosure is limit the disclosure to only those items that a separate document that is substantially

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APPENDIX H TO PART 698–NOTICE similar to the Commission’s notice with all they know are relevant to the user that will OF USER RESPONSIBILITIES information clearly and prominently receive the notice. displayed. Consumer reporting agencies may The prescribed form for this disclosure is limit the disclosure to only those items that a separate document that is substantially

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By direction of the Commission. The Department will not accept e- toll-free Federal Information Relay Donald S. Clark, mailed or faxed comments. Service at (800) 877–8339. Secretary Instructions: Label all submissions SUPPLEMENTARY INFORMATION: with RIN 1205–AB49. The Preamble of this proposed rule is [FR Doc. 2010–21202 Filed 8–26–10; 7:35 am] Please submit your comment by only organized as follows: BILLING CODE 6750–01–C one method. Please be advised that the I. Background—provides a brief description Department will post all comments of the development of the proposed rule received on http://www.regulations.gov II. Section-by-Section Review of the Proposed DEPARTMENT OF LABOR without making any change to the Rule—summarizes and discusses the comments, or redacting any structure and requirements of the Employment and Training information. The http:// YouthBuild Program Administration www.regulations.gov Web site is the III. Administrative Section—sets forth the Federal e-rulemaking portal and all applicable regulatory requirements 20 CFR Part 672 comments posted there are available I. Background RIN 1205–AB49 and accessible to the public. Therefore, On September 22, 2006, the the Department recommends that YouthBuild Program YouthBuild Transfer Act, Public Law commenters safeguard any personal 109–281 (Transfer Act) was signed into AGENCY: Employment and Training information such as Social Security law. The Transfer Act authorizes grants Administration, Labor. Numbers, personal addresses, telephone for job training and educational numbers, and e-mail addresses included ACTION: Notice of proposed rulemaking activities for at-risk youth who, as part in their comments as such information with request for comments. of their training, help construct or may become easily available to the rehabilitate housing for homeless SUMMARY: The Employment and public via the http:// individuals and families and low- Training Administration (ETA) of the www.regulations.gov Web site. It is the income families in their respective U.S. Department of Labor (Department) responsibility of the commenter to communities. Participants receive a is issuing this Notice of Proposed safeguard any such personal combination of classroom training, job Rulemaking (NPRM) to implement the information. skills development, and on-site training YouthBuild Transfer Act of 2006 Also, please note that due to security in the construction trades. (Transfer Act), which establishes the concerns, postal mail delivery in The White House Task Force for YouthBuild program in the Department Washington, DC may be delayed. Disadvantaged Youth recommended under subtitle D of Title I of the Therefore, the Department encourages transferring the administration of the Workforce Investment Act of 1998 the public to submit comments on YouthBuild program, also known as (WIA) as amended. The proposed rule http://www.regulations.gov. ‘‘Hope for Youth’’, from the U.S. clarifies the requirements of the Docket: All comments on this Department of Housing and Urban Transfer Act for YouthBuild program proposed rule will be available on the Development (HUD) to the Department. providers and participants. The http://www.regulations.gov Web site The White House Task Force for proposed rule would set standards and can be found using RIN 1205–AB49. Disadvantaged Youth Final Report. Pg. under which YouthBuild program The Department also will make all the 4, October 2003. providers would carry out the goals of comments it receives available for The transfer allows for greater the program, which are to assist at-risk public inspection by appointment coordination of the YouthBuild program youth in obtaining a High School during normal business hours at the with Job Corps, WIA Youth Programs, diploma or GED and acquiring above address. If you need assistance to the workforce investment system, occupational skills training that leads to review the comments, the Department including local workforce investment employment through the construction/ will provide you with appropriate aids boards (WIBs), One-Stop Career Centers, rehabilitation of housing for low-income such as readers or print magnifiers. The and their partner programs (for example, or homeless individuals and families in Department will make copies of the rule Federal, State, and local education the community. available, upon request, in large print, agencies), while at the same time DATES: Interested persons are invited to Braille and electronic file on computer retaining many of the same affordable submit comments on this proposed rule. disk. The Department will consider housing goals as under the HUD To ensure consideration, comments providing the rule in other formats upon program. The Transfer Act transfers the must be received on or before October request. To schedule an appointment to authority for the YouthBuild program 26, 2010. review the comments and/or obtain the from the Cranston-Gonzalez National ADDRESSES: You may submit comments, rule in an alternative format, contact the Affordable Housing Act (49 U.S.C. identified by Regulatory Information Office of Policy Development and 12899 et seq.) (Cranston-Gonzales Act) Number (RIN) 1205–AB49, by any one Research at (202) 693–3700 (this is not to subtitle D of Title I of WIA and it of the following methods: a toll-free number). You may also makes modifications and changes to the Federal e-Rulemaking Portal: http:// contact this office at the address listed. programs that focus on increasing the www.regulations.gov. Follow the Web FOR FURTHER INFORMATION CONTACT: skilled workforce available for the site instructions for submitting Thomas M. Dowd, Administrator, Office construction trades. comments. of Policy Development and Research, In addition to transferring the Mail and hand delivery/courier: U.S. Department of Labor, 200 administration of the program from Written comments, disk, and CD–ROM Constitution Avenue, NW., Room N– HUD to the Department, the Transfer submissions may be mailed to Thomas 5641, Washington, DC 20210; telephone Act expands the activities authorized M. Dowd, Administrator, Office of (202) 693–3700 (this is not a toll-free under the YouthBuild program to Policy Development and Research, U.S. number). include many activities authorized Department of Labor, 200 Constitution Individuals with hearing or speech under the WIA Title I youth formula Avenue, NW., Room N–5641, impairments may access the telephone program. The transfer maintains all the Washington, DC 20210. number above via TTY by calling the goals of the YouthBuild program as

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originally developed under HUD, but The Transfer Act retains the out-of- construction of affordable housing for shifts the emphasis to education and school and age requirements that were homeless individuals and families and skills training for at-risk youth in the Cranston-Gonzalez Act for low-income families. participants. The Department will YouthBuild, targeting eligible youth What are the purposes of the continue to support the development of who are school dropouts and are YouthBuild program? (§ 672.105) affordable housing which was a goal of between the ages of 16 and 24 years old. the HUD program. The Transfer Act The Transfer Act further provides that at This section describes the purposes of incorporates technical modifications to least 75 percent of participants must be the YouthBuild program. The the YouthBuild program to make it school drop-outs who are members of overarching goal of the YouthBuild consistent with WIA’s job training, low-income families, youth in foster program is to offer disadvantaged youth education, and employment goals. care, youth offenders, youths with a the opportunity to obtain education and Moreover, the Transfer Act authorizes disability, children of an incarcerated useful employment skills to enter the education and workforce investment parent, or migrant youths. In addition, labor market. Construction encompasses activities such as occupational skills to ensure that other at-risk youths have this goal, and serves as a platform to training, internships, and job access to the program, the Transfer Act provide skills training and education to shadowing, as well as community includes a 25 percent eligibility YouthBuild participants. service and peer-centered activities. In exception. This exception permits In addition to the goal listed above, addition, the Transfer Act authorizes the secondary schools to refer students to a another essential element of the Department to use performance YouthBuild program that offers a YouthBuild program is the provision of indicators developed for Federal youth secondary school diploma if the counseling and assistance in obtaining employment and training programs to program is determined to be a better fit post-secondary education and/or enhance the accountability of for the youth. The exception also allows employment and training placements YouthBuild programs. youth who have a diploma or General that allow youth to further their Although the construction and Education Development (GED) degree education and training. Further, youth rehabilitation of affordable housing but test as basic skills deficient to also have the ability to participate in continues to be a major component of participate in a YouthBuild program. leadership development and community the YouthBuild training program, the service activities. The program seeks to Department’s main focus is to prepare II. Section-by-Section Review of the Proposed Rule increase the number of affordable at-risk youth for employment. housing units available to alleviate the Therefore, the Department has increased Subpart A—Purpose and Definitions rate of homelessness in communities the emphasis on the education and with YouthBuild programs. Another occupational skill training provided by What is YouthBuild? (§ 672.100) goal of YouthBuild is to foster the YouthBuild programs. Specifically, the This section describes the YouthBuild development of leadership skills and a occupational skill training offered in program. YouthBuild is a workforce commitment to community YouthBuild programs must begin upon development program that provides improvement among youth in low- program enrollment and be tied to the employment, education, leadership income communities. Through these award of an industry recognized development, and training opportunities opportunities, youth can contribute to credential; i.e., what someone receives to disadvantaged youth. The program their communities both through after successful completion of the also benefits the larger community National Center for Construction because it provides new and workforce participation and housing Education and Research’ program, the rehabilitated affordable housing. development. Home Builder’s Institute’s (HBI) HPACT The program recruits youth between What definitions apply to this part? curriculum, or the Building Trades the ages of 16 and 24. The youth are (§ 672.110) Multi-Craft Core curriculum. school dropouts and are either: A The Transfer Act also places emphasis member of a low-income family, a youth The definitions that are listed in this on coordinating training with registered in foster care, a youth offender, a youth section are specific to the YouthBuild apprenticeship programs, which will who is an individual with a disability, program. As an amendment to the allow participants to enter such a child of an incarcerated parent, or a Workforce Investment Act, other programs upon exiting YouthBuild. migrant youth. In addition, to ensure definitions that apply to the YouthBuild Additionally, the Transfer Act permits that other at-risk youths have access to Program are defined under sec. 101 of the use of some YouthBuild funds to the program, the Transfer Act includes WIA, 29 U.S.C. 2801 and at 20 CFR part pay for supervision and training costs to a 25 percent eligibility exception. 660. allow participants to develop skills and Program participants are given the Alternative School: To determine the obtain work experience in the chance to earn their high school educational status and therefore rehabilitation or construction of diploma or pass their GED tests, to eligibility of a youth to participate in community buildings and other public participate in the occupational skills YouthBuild, the term ‘‘alternative facilities. The Transfer Act authorizes training, and are provided with the school’’ means a school or program that these and other new activities to better opportunity to pursue post-secondary is set up by a State, school district, or assist at-risk youth in preparing for education and training, including other community-based entity to serve employment. registered apprenticeship programs. young people who are not succeeding in The Department has administered the The program creates a sense of self- a traditional public school environment. YouthBuild program, including making worth for its participants by providing An ‘‘alternative school’’ must be grants, for more than three years since skills training in the construction recognized by the authorizing entity the passage of the Transfer Act. In industry and highlighting the important designated by the State. The school drafting these regulations, the role that each individual can have on must award a high school diploma. Department relies on the knowledge community development and ‘‘Alternative schools’’ must be affiliated gained from administering these grants, engagement. In addition, youth can with YouthBuild programs in order to along with its experience gained in witness their success and contributions qualify as part of a ‘‘sequential service developing the WIA Youth Program. through the rehabilitation and strategy.’’

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Community or Other Public Facility: This term is defined in the YouthBuild Needs-Based Stipend: ‘‘needs-based The term ‘‘community or other public Transfer Act. stipends’’ are additional payments facility’’ means those facilities which are Low-Income Family: The definition of (beyond regular stipends for program publicly owned and publicly used for the term ‘‘low-income family’’ is taken participation) that are based on defined the benefit of the community. Examples from the United States Housing Act of needs that enable a youth to participate include public use buildings such as 1937. 42 U.S.C. 1437a(b)(2). As defined, in the program. To provide ‘‘needs-based recreation centers, libraries, public park a ‘‘low-income family’’ is: A family stipends’’, the grantee must have a shelters, or public schools. This term whose income does not exceed 80 written policy in place, which defines: may also encompass facilities used by percent of the median income for the (a) Eligibility; (b) the amounts; and (c) the program but only if the facility is area unless the Secretary determines the required documentation and criteria available for public entry and use. that a higher or lower ceiling is for payments. This policy must be Core Construction: The term ‘‘core warranted. This term is defined in the applied consistently to all program construction’’ means activities that are YouthBuild Transfer Act. Under HUD’s participants. directly related to the construction or YouthBuild program, one of the Occupational Skills Training: rehabilitation of residential, community, eligibility criteria for participants was ‘‘Occupational skills training’’ means an or other public facilities. These that the individual must be a very low- organized program of study that activities include, but are not limited to, income individual or a member of a provides specific vocational skills that job skills that can be found under the ‘‘very low-income family.’’ However, the lead to proficiency in performing actual Standard Occupational Classification YouthBuild Transfer Act requires only tasks and technical functions required System (SOC) major group 47, that an individual be a member of a by certain occupational fields at entry, Construction and Extraction ‘‘low-income family’’ or fall into one of intermediate, or advanced levels. The Occupations, in codes 47–1011 through the new categories prescribed by the occupational skills training offered in 47–4099. These activities may also Transfer Act. The definition of ‘‘low- YouthBuild programs must begin upon include, but are not limited to income family’’ in the proposed rule program enrollment and tied to the construction skills that may be required subsumes the definition of ‘‘very low- award of an industry-recognized by green building and weatherization income family’’ in HUD’s YouthBuild credential. industries but are not yet standardized. regulations and broadens the pool of Partnership: The term ‘‘partnership’’ A full list of the SOC’s can be found at eligible participants. This definition means an agreement that involves a the Department Bureau of Labor applies not only to the eligibility of Memorandum of Understanding (MOU) Statistics (BLS) Web site, http:// participants but also to the requirement or letter of commitment submitted by www.bls.gov/soc. that any residential units constructed or each organization and applicant, as Eligible Entity: The term ‘‘eligible rehabilitated using YouthBuild funds defined in the YouthBuild Transfer Act, entity’’ describes the types of must be used to house homeless that plan on working together as organizations that are permitted to individuals and families or low-income partners in a YouthBuild program. Each apply for a YouthBuild grant. The families. Further, as defined by 42 partner must have a clearly defined role. definition of ‘‘eligible entity’’ was U.S.C. 1437a(b)(2)(3), the term families These roles must be verified through a provided in the YouthBuild Transfer includes families consisting of one letter of commitment, not just a letter of Act. person. support, or MOU submitted by each Homeless Individual: The definition Migrant Youth: The term ‘‘migrant partner. The letter of commitment or of ‘‘homeless individual’’ comes from youth’’ means a youth who, or a youth MOU must detail the role the partner the McKinney-Vento Homeless who is the dependent of someone who, will play in the YouthBuild Program, Assistance Act. 42 U.S.C. 11302. This during the previous 12 months has: including specific responsibilities and term is defined in the YouthBuild (a) Worked at least 25 days in resources committed, if appropriate. Transfer Act. agricultural labor that is characterized These letters or MOU’s must clearly Housing Development Agency: The by chronic unemployment or indicate the partnering organization’s term ‘‘housing development agency’’ is underemployment; unique contribution and commitment to defined in the YouthBuild Transfer Act. (b) Made at least $800 from the YouthBuild Program. This term is Income: The definition of ‘‘income’’ agricultural labor that is characterized not in the YouthBuild Transfer Act but comes from the United States Housing by chronic unemployment or was added to the regulations. An Act of 1937. 42 U.S.C. 1437a(b). Under underemployment, if at least 50 percent applicant’s ability to enter into § 3(b) of the YouthBuild Transfer Act of his or her income came from such partnerships with education and (29 U.S.C. 2918(a)), the determination of agricultural labor; training providers, employers, the income is made in accordance with (c) Was employed at least 50 percent workforce investment system, the guidance provided by the Secretary of of his or her total employment in juvenile justice system and faith-based Labor (Secretary), in consultation with agricultural labor that is characterized and community organizations will be a the Secretary of Agriculture. by chronic unemployment or criteria in selecting grantees. Indian; Indian Tribe: The definitions underemployment; or Registered Apprenticeship Program: of ‘‘Indian’’ and ‘‘Indian tribe’’ are taken (d) Was employed in agricultural The term ‘‘registered apprenticeship from the Indian Self-Determination and labor that requires travel to a jobsite program’’ is defined in the YouthBuild Education Assistance Act. 25 U.S.C. such that the worker is unable to return Transfer Act and means a plan 450b. These terms are defined in the to a permanent place of residence containing all terms and conditions for YouthBuild Transfer Act. within the same day. the qualification, recruitment, selection, Individual of Limited English This definition is adapted from employment and training of Proficiency: The definition of an guidance for determining eligibility of apprentices, as required under 29 CFR ‘‘individual of limited English migrant and seasonal farmworkers for parts 29 and 30, including such matters proficiency’’ means an eligible the National Farmworker Jobs Program as the requirement for a written participant who meets the criteria in Department of Labor, Farmworker apprenticeship agreement. To the extent derived from the Adult Education and Bulletin 00–02, NFJP Eligibility Policy that 29 CFR part 30 is amended, such Family Literacy Act. 20 U.S.C. 9202(10). Guidance (2000). amendments shall apply to the

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determination of what is a ‘‘registered Subpart B—Funding and Grant in the program, and describe their apprenticeship program’’. Applications ability to grant industry-recognized skills-based certifications. All of these Sequential Service Strategy: The term How are YouthBuild grants funded and requirements will be described in the ‘‘sequential service strategy’’ defines the administered? (§ 672.200) SGA through which grantees are educational and occupational skills This section describes how selected. training plan developed for individuals YouthBuild grants are funded and who have dropped out of high school administered. The YouthBuild program How are eligible entities selected to and want to enroll in a YouthBuild is funded through appropriations receive grant funds? (§ 672.210) program. The plan is designed so that authorized under 29 U.S.C. 2918a(h). This section describes the selection the individual first enrolls in an YouthBuild will be administered as a criteria for selecting grantees. The alternative school, and, after receiving a national program with grants awarded selection criteria that the Secretary may year or more of educational services, through a competitive selection process, use to make grant determinations have enrolls in a YouthBuild program. A similar to the YouthBuild been expanded from HUD’s selection youth will only be eligible for the ‘‘implementation grants’’ formerly criteria. The new factors, which are YouthBuild program under the administered by HUD. It is noteworthy specified in the Transfer Act and are in sequential service strategy if the that the authority to issue ‘‘planning addition to existing criteria, include the alternative school is affiliated with a grants,’’ which was formerly authorized applicant’s focus on preparing youth for YouthBuild program. under the Cranston-Gonzalez Act, was postsecondary education or careers in not retained in the Transfer Act as demand occupations; the extent to The Office of Inspector General Congress considered planning grants no which the applicant will coordinate suggested that a definition be provided longer necessary to administer the with the workforce investment system, ‘‘ ’’ for sequential service strategy either current program. employers, and educational institutions through guidance or in the regulations in conducting their YouthBuild How does an eligible entity apply for after its Audit of the YouthBuild activities; the applicant’s ability to serve grant funds to operate a YouthBuild Recovery grants. The reason for their different regions, including rural areas program? (§ 672.205) suggestion was that grantees should be and States without prior YouthBuild provided guidance on the meaning of This section describes in general programs. The weights given to these provisions in both the American terms the process the Department will criteria will be specified in the SGA. Recovery and Reinvestment Act, Public use to select grantees. We propose to Additionally, in the event additional Law 111–5 (2009) and the 2009 select grantees through a competitive funds become available, ETA reserves Omnibus Appropriations Act, Public process. The directions for applying for the right to use such funds to select Law 111–8 (2009) that broaden the WIA grants will be issued in a Solicitation for additional grantees from applications YouthBuild school dropout provision Grant Applications (SGA) which will submitted in response to a SGA. for Program Years 2008 and 2009. We describe the eligibility requirements and The Department has added to the agree and, therefore, have added rating criteria for the competition. selection criteria one factor not listed in definitions to clarify the terms Essentially, all of the grant the Transfer Act. Applicants will be ‘‘alternative school’’ and ‘‘sequential application requirements to operate a evaluated on their ability to attract YouthBuild program have been service strategy’’ as used in those partners. Examples of partners are retained, but several new requirements statutory provisions. educational and training providers, are now added by the Transfer Act and employers, the workforce investment Transitional Housing: The term these regulations. Among the new system, the juvenile justice system, ‘‘transitional housing’’ is defined in the requirements, an applicant is required disability service providers, and faith- YouthBuild Transfer Act. to provide labor market information for based organizations as partners. While Youth in Foster Care: The term ‘‘youth the local market area where the grant the selection criteria already emphasize in foster care’’ means youth currently in will be used and to provide projections the applicants’ ability to coordinate foster care or youth who have ever been on career opportunities in local with these groups, a partnership is a in foster care. The YouthBuild Transfer industries, such as the construction more formal commitment in which the Act uses the term ‘‘youth in foster care industry. In addition, an applicant’s applicant and its partner agree to work (including youth aging out of foster statement of qualifications must together, signified by a memorandum of care).’’ The U.S. Department of Health describe its relationships with the understanding or letter of commitment and Human Services (HHS) has workforce investment system and with indicating the partnering organization’s recommended that the term be changed employers. HUD required a description unique contribution and commitment to to youth who have ever been in foster of the manner in which eligible youth the YouthBuild Program. The care. We accept this new definition as will be recruited and selected as complexity of the YouthBuild program YouthBuild participants, including we believe it is consistent with the requires that entities engage in arrangements with required partners. statutory definition and is clearer and meaningful partnerships throughout Newly added to the list as a explains how the program uses the term. their community to ensure the success requirement, is a description of the of the participants as they transition Youth Who is an Individual with a arrangements that will be made with the from the program into post-secondary Disability: The term Youth who is an local workforce board, One-Stop employment or education as well as Individual with a Disability means an operators, and faith-based organizations ensure the successful construction or individual between the ages 16–24 who to recruit YouthBuild participants. HUD rehabilitation of affordable housing. is an individual with a disability as only required such a description for defined by Section 101 of the Workforce community-based organizations. Other How are eligible entities notified of Investment Act or a student receiving new requirements are that applicants approval for grant funds? (§ 672.215) special education and related services describe how they will meet common The Secretary, to the extent under the Individuals with Disabilities performance measures for youth practicable, must notify each applicant Education Act (IDEA). programs, identify the role of employers of the approval or disapproval of its

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grant application not later than 5 academically deficient in one of two With the transfer of the YouthBuild months after the date of the receipt of areas. The first area is that high school program to the Department, there is the application. This is a change from graduates or those who already have a wider access to workforce-related the 4-month notification timeframe GED but who are ‘‘basic skills deficient’’ programs administered by the under the HUD program and reflects may participate in the program under Department. Therefore, the Department differences in the grant award process at this exception. The term basic skills proposes to place an emphasis on the Department. deficient has the same definition as it coordinating training with registered Grants will be awarded for a 3-year does in section 101 of WIA. It is ‘‘an apprenticeship programs, which will period of performance. This includes individual that has English reading, allow participants to enter such 2 years of core program operations writing, or computing skills at or below programs after exiting YouthBuild. (education, workforce investment skills the 8th grade level on a generally YouthBuild programs are permitted to training, and other activities such as accepted standardized test or a use some funds to pay for supervision youth leadership development) plus at comparable score on a criterion- and training costs to allow participants least 9 months of follow-up support referenced test.’’ The second area of the to develop skills and obtain work services and tracking of participant exception refers to youth who are still experience through the rehabilitation or outcomes. In the event additional funds enrolled in a secondary school and are construction of community or other become available, ETA reserves the right referred by that school to participate in public facilities. As a result, by to use such funds to select additional a YouthBuild program that leads to the expanding the use of funds for grantees from applications submitted in attainment of a secondary school participant services related to the response to the SGA. diploma. rehabilitation or construction of community or public facilities, job Are there special rules that apply to Subpart C—Program Requirements training and career opportunities for veterans? (§ 672.305) Who is an eligible participant? YouthBuild participants will be (§ 672.300) The priority of service provisions for enhanced. qualified persons under Department of This section sets out the participant Labor regulations at 20 CFR part 1010 What timeframes apply to participation? eligibility requirements. The apply to the YouthBuild program as a (§ 672.315) requirements that at least 75 percent of Department of Labor job training The participation parameters for participants must be between the ages of program. Accordingly, youth who are individuals participating in a 16 and 24 years on the date of eligible participants for the YouthBuild YouthBuild program are unchanged enrollment and must be school dropouts programs, and are also covered persons under the Transfer Act. Participants are continued under the YouthBuild under 20 CFR part 1010, must receive must be offered full-time participation Transfer Act. Later statutes provided priority of service. The special rule for for a period of at least 6 months and not that a YouthBuild program may serve an determining low-income status for more than 24 months. individual who has dropped out of veterans which is found at 20 CFR school and reenrolled in an alternative 667.225 also applies. What timeframes must be devoted to school, if that reenrollment is part of a education and workforce investment or sequential service strategy. What eligible activities may be funded other activities? (§ 672.320) Previously, under the HUD under the YouthBuild program? The Department proposes to require regulations, an eligible participant was (§ 672.310) YouthBuild grantees to structure also required to be a very low-income The HUD regulations included programs so that participants in the individual or a member of a very low- provisions for education and job program are offered specific educational income family using the definition of training activities, including work and related services and activities income, adjusted for certain exclusions experience and skills training, as during at least 50 percent of their as determined by the United States eligible activities under YouthBuild participation time and workforce Housing Act of 1937. The Department grants. The Transfer Act outlines new investment activities during at least 40 proposes to revise the previous education and workforce investment percent of the remaining time. The latter requirement by now requiring that a activities permitted under the is a new requirement under the Transfer participant be a member of a low- YouthBuild program such as Act. Only the requirement that 50 income family using the definition of postsecondary education services and percent of participant time be for income, adjusted for certain exclusions activities, including tutoring, study educational activities had existed under as determined by the United States skills training and dropout prevention the HUD program. Housing Act of 1937. As specified in the activities; other paid and unpaid work The remaining 10 percent can be used Transfer Act, an eligible participant may experiences, including internships and for educational, construction-related also be a youth in foster care, a youth job shadowing; and alternative occupational skills training, and/or offender (including any youth between secondary school services, occupational leadership development as well as the ages of 16 and 24 who has been skills training, and counseling services community service activities. Grantees convicted through either a juvenile or and related activities, such as should establish a program structure adult criminal justice system), a youth comprehensive guidance and that is used consistently throughout the who is an individual with a disability, counseling on drug and alcohol abuse program cycle. a child of an incarcerated parent, or a and referral. Grantees have discretion on Within these timeframes, YouthBuild migrant youth. which of these activities to offer and grantees can generally determine which Also continuing under the may also offer additional activities. educational, workforce or other YouthBuild Transfer Act is the However, as explained in § 672.320, the activities to offer participants. However, exception provision that no more than Department requires that every grantee the Department has determined that the 25 percent of the participants may be offer as part of its program the activities work experience and skills training in individuals who do not meet the general listed in § 672.310(b)(1): Work rehabilitation and construction set out income or educational needs experience and skills training in in § 672.310(b)(1) are an essential part of requirement, providing that they are housing rehabilitation and construction. the YouthBuild program and that every

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YouthBuild grantee must include such after exit to ensure their successful performance indicators, and any other activities as part of its workforce transition into employment or education performance indicators, will be activities. YouthBuild was designed as a and to collect data on the performance established at a later date and provided program that provides disadvantaged indicators required by the Department. in separately issued guidance. youth with both education and skills in In accordance with the Department’s Generally, these other performance occupations in demand while fostering instructions, individual YouthBuild indicators are established, short-term a commitment to community programs determine participant exit indicators specified in the SGA or development and expanding the supply dates based on participant completion individual grant agreement and of affordable housing to homeless of the program requirements for comprised of individual YouthBuild individuals or families or low-income educational and workforce investment program data used by the Department to families. The White House Task Force activities or other activities. gauge individual program progress for Disadvantaged Youth Final Report Subpart D—Performance Indicators toward performance outcomes. emphasized that, at its core, YouthBuild Performance level expectations are is an employment and training program What are the performance indicators for based on available YouthBuild data and and, as the Report recommended, the YouthBuild grants? (§ 672.400) data from similar WIA Youth programs. Transfer Act transferred authority for All YouthBuild grantees must report The expected national levels of YouthBuild to the Department of Labor on the three youth common performance will take into account the to provide greater coordination with performance indicators currently used extent to which the levels promote existing workforce programs. to assess performance in the WIA continuous improvement in To fully achieve the intent of the Formula Youth Program. These performance. Transfer Act, the Department has indicators as described in Departmental interpreted the Act to require that work What are the reporting requirements for guidance (TEGL No. 17–05) are YouthBuild grantees? (§ 672.410) experience and skills training in placement in employment or education, housing construction and rehabilitation attainment of a degree or certificate, and The Department proposes to require be part of every YouthBuild program. literacy and numeracy gains. These that each grantee receiving funds under However, this may present a challenge performance indicators will help the this program must provide three for YouthBuild programs in placing Department to identify early potential quarterly reports to the Department: participants in the construction industry for successful outcomes from grantees (a) The Quarterly Performance Report when demand for construction workers and sets forth one set of indicators to be (QPR); in a local area is low, as it is in the used for both reporting purposes and (b) The quarterly narrative progress current economic landscape. In WIA section 136 performance report; and (c) The financial report. addition, many youth can benefit from accountability purposes. They will also Also, the Department may require a the YouthBuild program, but are not allow grantees to better serve the grantee to provide additional reports, as interested ultimately in entering eligible populations under this program. construction careers. Many current The Secretary may require grantees to part of a grant agreement. These grantees have expressed an interest in track other performance indicators, additional reports will assist the expanding their program training including short-term performance Department in the effective beyond construction for these reasons. indicators such as enrollment rate, administration of YouthBuild. The QPR will be generated by a Web- Therefore, we are seeking comments on number of initial job placements, based system programmed exclusively whether YouthBuild should continue to number obtained High-School Diploma for YouthBuild grantees to use. This focus on construction skills training or or GED, and provide this data to the if the skills training should be expanded Department in quarterly performance Web-based system is a tool used to to other industry areas. reports required under § 672.410. The capture agency-specific processes and Department will provide the details of data that occur throughout the grant’s What timeframes apply for follow-up lifecycle and helps the Department and services? (§ 672.325) the performance indicators in administrative guidance. the grantee with the various reporting The Department proposes to require requirements specified in § 672.410. YouthBuild grantees to provide follow- What are the required levels of This system will be the main system of up services for a period of not less than performance for the performance data entry for all grantees, including all 3 quarters after exit (nine months) and indicators? (§ 672.405) case management information, which not to exceed 12 months after exit. Each YouthBuild grantee must meet the grantee will use to produce the QPR Follow-up services are services that certain levels of performance for submission to the Department. The help YouthBuild participants transition established by the Department for each QPR and narrative reports must be successfully from the program into of the common performance measures submitted electronically each quarter education and/or employment. This described in § 672.400. In determining via this Web-based system. The specificity is added to the regulations annual performance levels for the financial report also will be submitted because of the recognition that youth YouthBuild program, the Department electronically via the Web-based system exiting the program may require reviews previous year’s performance in accordance with reporting additional services in order to maintain and also compares performance levels instructions issued by ETA. Grantees the positive gains they achieved while with similar WIA youth workforce will be trained in all necessary reporting enrolled. Follow-up services include development programs. systems during the initial award phase. supportive services and may also The levels of performance established include, but are not limited, activities What are the due dates for quarterly must, at a minimum: reporting? (§ 672.415) such as counseling services, job search (a) Be expressed in an objective, assistance, and checking-in on quantifiable, and measurable form; and The QPR and narrative reports are due participants after they have left the (b) Lead to continuous improvement no later than 45 days after the end of program. Additionally, programs are in performance. each quarter unless otherwise specified required to report on participants who Expected national levels of in reporting instructions. A final have exited the program for 3 quarters performance for each of the common financial report is required 90 days after

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the expiration of a funding period or the YouthBuild grantees are also required This proposed section also termination of grant support. to comply with all generally applicable incorporates the cost-sharing and laws and implementing regulations that matching provisions set forth in the Subpart E—Administrative Rules, Costs apply to the grantees or their and Limitations Uniform Administrative Requirements, participants, including, for example, for which define composition, use, and What administrative regulations apply participants who are Youth Who are valuation of required match to the YouthBuild program? (§ 672.500) Individuals with Disabilities and contributions. Although it is addressed This proposed section incorporates participate in secondary education in the Uniform Administrative the administrative requirements of WIA programs, the administrative provisions requirements, because it is such a that are applicable to YouthBuild grants, of the Individuals with Disabilities common question, the regulations which include requirements relating to Improvement Act, 34 CFR 300.320 restate the prohibition at 29 CFR fiscal and administrative rules, audit, through 34 CFR 300.324, which require 95.23(a)(5) and 97.24(b), against Federal that grantees provide Youth Who are allowable costs/cost principles, funds being used as part of the cost- Individuals with Disabilities who enter debarment and suspension, a drug-free sharing or match amount proposed by a the program with an appropriate workplace, restrictions on lobbying, prospective applicant. transition plan corresponding to their treatment of individuals with individual needs. disabilities, and nondiscrimination. What are considered to be leveraged The nondiscrimination regulations How may grantees provide services funds? (§ 672.520) incorporated by this section, 29 CFR under the YouthBuild program? This proposed section addresses the part 37, broadly prohibit all forms of (§ 672.505) use of additional monies, known as discrimination for WIA Title I programs, This proposed section restates the leveraged funds, to support grant which include YouthBuild. 29 CFR 37.5 provisions of the Transfer Act which activities. Leveraged funds include costs states that ‘‘[n]o individual in the United authorize grantees to provide services that could be an allowable match but are States may, on the grounds of race, directly or to enter into sub-grants, in excess of the match requirement or color, religion, sex, national origin, age, contracts, or other arrangements with costs that do not meet the cost-sharing disability, political affiliation or belief, various public and private entities to and for beneficiaries only, citizenship or and match requirements set forth in the provide services under the YouthBuild Uniform Administrative Requirements. participation in any WIA Title I- program. financially assisted program or activity, To be considered leveraged funds, they be excluded from participation in, What cost limits apply to the use of must be otherwise allowable costs under denied the benefits of, subjected to YouthBuild program funds? (§ 672.510) the cost principles which have been used by the grantee to support grant discrimination under, or denied This proposed section restates the activity. For example, another Federal employment in the administration of or provisions of the YouthBuild Transfer grant used by the grantee or sub-grantee in connection with any WIA Title I- Act which set the administrative cost to support otherwise allowable activities funded program or activity.’’ The limit at 15 percent of the grant award under the YouthBuild program could regulations also require that grantees and the cost of supervision and training provide reasonable accommodations to for participants in the rehabilitation or not be counted toward the match youth who are individuals with construction of community and other requirement but would be considered a disabilities. 29 CFR 37.8. For grantees public facilities to no more than 10 leveraged fund. unsure of how to best accommodate percent of the grant award. 29 U.S.C. The amount, commitment, nature and youth who are individuals with 2918a(c)(2)(C) and (D). quality of the leveraged funds described disabilities in their program, the in the grant application will be a factor What are the cost-sharing or matching Department recommends that the in evaluating grants in the SGA. requirements of the YouthBuild grantees consult with the Job Grantees will also be required to report program? (§ 672.515) Accommodation Network, a free service the use of such funds through their of the Department’s Office of Disability The YouthBuild Transfer Act financial report and quarterly narrative Employment Policy that provides authorizes the Department to require the report. employers with technical assistance on grantee to make available to the program accommodating different disabilities. additional resources from its own How are the costs associated with real In addition to prohibiting resources or from other sources such as property treated in the YouthBuild discrimination, YouthBuild grantees businesses, non-profit organizations, or program? (§ 672.525) have positive requirements to ensure non-Federal public entities that can equal opportunity and prevent provide funds or in-kind services. Cost- This proposed section specifies which discrimination in their programs. sharing or match requirements will be costs associated with real property are YouthBuild grantees are required by 29 addressed in the grant agreement, and allowable and unallowable under the CFR 37.29 through 37.32 to disseminate described in the SGA. However, a few YouthBuild program. The costs an equal opportunity policy. match requirements are addressed in associated with the acquisition of YouthBuild grantees must also ensure particular in this section. buildings to be rehabilitated for training that they provide universal access to Construction materials may be purposes are allowable under the same their programs, including advertising counted toward meeting the required proportionate share conditions that the program in a manner that targets non-Federal match share under the apply under the match provision at various populations, sending notices YouthBuild program. The value of § 672.515, but only with prior grant about openings in programs to buildings acquired for the YouthBuild is officer approval. The costs related to community service groups that serve an allowable cost-share or match cost to construction and/or rehabilitation various populations, and consulting the extent that the building is used for associated with the training of with community service groups on ways training. The value of land acquired for participants are allowable. The costs to improve outreach and service to the YouthBuild program is not an associated with the acquisition of land various populations. 29 CFR 39.42. allowable cost-sharing or match cost. are not allowable.

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What participant costs are allowable Are YouthBuild programs subject to the grant agreement related to the use of under the YouthBuild program? Davis-Bacon Act labor standards? buildings constructed or rehabilitated (§ 672.530) (§ 672.545) with YouthBuild funds. Recordkeeping Davis-Bacon labor standards apply to requirements vary for different classes Payments to participants for work- Federal construction contracts and of records. related and non-work-related many Federally-assisted construction Subpart F—Additional Agency YouthBuild Activities, supportive projects under the provisions of the Requirements services, needs-based stipends, and Davis-Bacon Act and numerous related What are the safety requirements for the additional benefits are allowable Acts that authorize Federal assistance YouthBuild program? (§ 672.600) participant costs. A needs-based stipend for construction. YouthBuild programs is not a regular stipend, which is paid and grantees are subject to Davis-Bacon On November 14, 2006, the to participants in lieu of wages while labor standards in certain Department published, at 71 FR 66349, they are in training. Needs-based circumstances. The Department has a Federal Register notice requesting stipends are additional payments determined that YouthBuild public comments and announcing (beyond regular stipends for program participants are subject to Davis-Bacon public meetings on the design of participation) that are based on defined labor standards when they perform YouthBuild grants. The notice sought needs to enable youth to participate in Davis-Bacon-covered laborer or public input and observations on the the YouthBuild program. To provide mechanic work on Federal or Federally- optimum number of years and amount ‘‘needs-based stipends’’, the grantee assisted projects that are subject to of grant awards, ways to ensure grantees must have a written policy in place, Davis-Bacon labor standards. When a meet educational and employment which defines: (a) Eligibility; (b) the YouthBuild participant works on a outcomes, how capacity building grants amounts; and (c) the required project subject to Davis-Bacon labor can be strengthened, and ways to documentation and criteria for standards, the Davis-Bacon labor improve any other aspect of the program. The Department received four payments. This policy must be applied standards, including prevailing wage comments relating to safety issues in consistently to all program participants. requirements, apply to the hours worked on the site of the work. response to the Federal Register notice, What effect do payments to YouthBuild This may present a challenge to including comments from the National participants have on eligibility for other YouthBuild programs that view these Institute for Occupational Safety and Federal needs-based benefits? types of construction projects as Health (NIOSH), the Department’s (§ 672.535) valuable training sites for their youth Occupational Safety and Health since many contractors may be reluctant Administration (OSHA), the University Under WIA regulations at 20 CFR to pay prevailing wage rates for youth of California at Berkeley Labor 667.272(c), allowances, earnings, and trainees who are in the process of Occupational Health Program, and the payments to individuals participating in learning and developing their skill set. University of North Carolina Injury programs under Title I of WIA are not The regulations implementing the Prevention Research Center. The NIOSH considered as income for purposes of Davis-Bacon Act contain a provision comments emphasized the dangers of determining eligibility for and the that allows for Department-certified youth working in construction and amount of income transfer and in-kind training programs to pay less than the noted that youth fatalities in aid furnished under any Federal or applicable prevailing wage rate to construction are related to Federally-assisted program based on trainees. As stipulated by 29 CFR noncompliance with child labor laws need other than as provided under the 5.5(a)(4)(ii), ‘‘trainees’’ are not permitted and occupational safety and health Social Security Act (42 U.S.C. 301). The to be paid less than the predetermined regulations. The NIOSH comments Department wants to assure grantees rate for the work performed unless they referenced a review of OSHA investigations of fatally injured teenage and participants that their participation are employed under and individually construction workers between 1984 and in the YouthBuild program should not registered in a program which has 1998 which found that approximately disqualify them from participating in received prior approval, evidenced by a half of the 76 investigations of deaths to formal certification by the U.S. other Federally-sponsored needs-based youth under 18 involved apparent Department of Labor, Employment and programs that are available to them. violations of child labor laws.1 The Training Administration. What program income requirements NIOSH comments also referenced a apply to the YouthBuild program? What are the recordkeeping survey in North Carolina of youth ages (§ 672.540) requirements for YouthBuild programs? 16 and 17 working in construction that (§ 672.550) found that 84 percent of the youth had This proposed section provides that This proposed section sets forth the performed at least one task clearly the program income provisions of the requirements for maintaining records prohibited by child labor laws, while 47 Uniform Administrative Requirements percent had performed three or more under the YouthBuild program, 2 apply to the YouthBuild program. In including requirements for records tasks prohibited by child labor laws. NIOSH recommended that the addition, this proposed section specifies related to the use of buildings Department comprehensively integrate that the revenue from the sale or rental constructed or rehabilitated with worker safety and associated training of buildings rehabilitated or constructed YouthBuild funds which will be into the YouthBuild program by under the YouthBuild program to specified in the grant agreement. homeless individuals and families or Grantees must follow the recordkeeping 1 Sarua A, Philips P, Lillquist D, Sesek R, ‘‘Fatal low-income families, as specified in requirements in the Uniform Injuries to Construction Workers in the U.S.,’’ section 672.615, is not considered Administrative Regulations, codified at American Journal of Industrial Medicine, 2003. program income. Grantees are 29 CFR 95.53 and 29 CFR 97.42, as 2 Runyon CW, Dal Santo J, Schulman M, encouraged to use such revenue for the appropriate. Lipscomb HJ, Harris TA, ‘‘Work Hazards and Workplace Safety Violations Experienced by long-term sustainability of the Grantees must maintain such Adolescent Construction Workers,’’ Archives of YouthBuild effort. additional records as specified in the Pediatric and Adolescent Medicine, 2006.

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incorporating the following personal protective equipment to youth YouthBuild grantees to submit incident requirements in the program: working on YouthBuild projects; and reports of occupational injuries and (a) Comprehensive, documented submit injury incident reports to the illnesses to the Department will serve to training on construction safety for youth Department. The intent of these emphasize to grantees and their staff the working on YouthBuild projects, proposed regulations is to protect the importance of safety. The Department including requirements for youth to health and safety of YouthBuild will be able to use the incident reports demonstrate knowledge and proficiency participants on YouthBuild work sites, to respond in a timely manner to require in hazard identification, abatement, and and to ensure that YouthBuild grantees corrective actions at particular sites. safe work practices; comply with child labor laws. Corrective actions may include any of (b) Compliance with Federal and State YouthBuild grantees must adhere to the following: requiring grantees to child labor laws and occupational safety all safety guidelines, laws and modify or improve safety training; alert and health regulations; regulations required by all Federal, State all YouthBuild sites of hazards (c) Written, jobsite specific, safety and local laws which include the identified in incident reports; and, in plans overseen by an on-site supervisor Department’s OSHA regulations, as well some cases, to sanction or close sites in with the knowledge, skills, and as the Department’s Wage and Hour which a flagrant safety violation or authority to correct safety and health Division’s (WHD) child labor pattern of violations has resulted in a hazards and enforce the site-specific regulations. Among other things, these serious accident. safety plan; provisions prohibit youth ages 16 and (d) Provision of necessary personal 17 from working in identified hazardous What environmental protection laws protective equipment to youth working occupations. Occupations prohibited for apply to the YouthBuild program? on YouthBuild projects; and 16 and 17 year-olds under these (§ 672.610) (e) Reporting of all injuries and ‘‘hazardous orders’’ relating to All YouthBuild worksites are illnesses to youth working on construction include, but are not limited expected to be in compliance with all YouthBuild projects, along with to, operating circular saws, working on applicable Federal, State, and local documentation on remedial measures to or about roofs, performing demolition environmental protection laws, as prevent future similar injuries and help work, excavating and trenching, YouthBuild participants spend a large ensure that YouthBuild is a model operating a fork lift or a hoist, and portion of their training time on program that takes active steps for driving a motor vehicle on the job. YouthBuild worksites. participant safety and health. It should be noted that the regulations The comments from OSHA similarly What are the reporting requirements for implementing HUD’s YouthBuild youth safety? (§ 672.605) stressed the importance of safety program contained environmental training and identification of worksite The Department places high priority procedures which governed HUD’s hazards. OSHA’s comments on the safety of YouthBuild determination of whether any recommended that YouthBuild grantees participants. The comments by NIOSH environmental thresholds in the should demonstrate an effective, about the design of the YouthBuild agency’s National Environmental Policy comprehensive occupational safety and program specifically recommend that Act (NEPA) regulations would be health management system that the Department require the ‘‘reporting of exceeded as a result of funding the includes four basic elements: all injuries and illnesses to youth ‘‘lease, acquisition, rehabilitation, or (a) Management leads the way in working on YouthBuild projects, along new construction of real property that is emphasizing safety; with documentation on remedial proposed for housing project (b) The worksite is continuously measures to prevent future similar development.’’ 24 CFR 585.307(a). analyzed to identify existing and injuries and help ensure that However, HUD’s environmental potential hazards; YouthBuild is a model program that procedures expressly did not apply to (c) Methods to prevent or control takes active steps for participant safety ‘‘HUD’s approval of grants where the existing hazards are put in place; and and health.’’ applicant proposes to use YouthBuild (d) Managers, supervisors, and By requiring grantees to complete and funds solely to cover any costs for participants are trained in safety file injury incident reports for accidents classroom and/or on-the-job practices, including new-hire training incurred by youth while working on construction training and supportive and ongoing weekly or daily safety YouthBuild projects, the Department services.’’ Id. training. will be able to determine whether youth The Department considers the The comments from the University of are being properly trained under safe construction and rehabilitation-related California and the University of North conditions while participating in the activities authorized under the Transfer Carolina both strongly recommended YouthBuild program. Act to be on-the-job training, rather than that YouthBuild grantees be subject to The working conditions of construction or rehabilitation, which is the hazardous orders in the child labor YouthBuild participants are subject to consistent with HUD’s previous regulations. Federal and State health and safety administration of the program. As a Based upon the concerns raised by standards under 20 CFR 667.274. Such result, the Department has chosen not to these commenters, the Department is standards include requirements under include specific environmental proposing to require that YouthBuild 29 CFR part 1904 that employers in the procedures for the YouthBuild program grantees not only comply with Federal construction industry and other non- in this proposed regulation. However, and State health and safety standards, exempt industries record occupational the absence of environmental including the hazardous orders in the injuries and illnesses and keep these procedures does not affect the child labor regulations, but also provide: reports on file for 5 years. These reports Department’s on-going obligation to comprehensive safety training for youth include individual incident reports, a comply with NEPA and the working on YouthBuild construction log of injuries, and an annual summary Department’s NEPA regulations at 29 projects; have written, jobsite specific, of incidents. In addition, YouthBuild CFR part 11. Therefore, grantees are safety plans overseen by an on-site grantees must send a copy of the expected to be familiar and comply with supervisor with authority to enforce incident reports to the Department NEPA, State, and local environmental safety procedure; provide necessary within 7 days of the incident. Requiring regulations.

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What requirements apply to YouthBuild The restrictive covenant must also Department believes that this provision housing? (§ 672.615) include the additional conditions that of transitional housing will not only One of the priorities of the apply to housing in § 672.615(b)–(c). It help individuals establish ties to the YouthBuild program is to provide should be noted that a grantee and/or community but also encourage their transitional and affordable housing to property owner may choose to include participation in the local labor market. homeless individuals and families. The additional stipulations to the restrictive The YouthBuild program is designed Transfer Act made the changes to the covenant, depending on their standard to provide workforce training and housing requirements that would allow business practices. education through the rehabilitation and the Department to focus on the This restrictive covenant must be construction of low-income housing for workforce aspect of the YouthBuild recorded at the time of the issuance of the community. This section balances the occupancy permit. The duration of program and at the same time maintain the Department’s duty to focus on the covenant is a minimum of 10 years the integrity of the housing initiative. training and education in order to from the issuance of the occupancy The Transfer Act maintains some basic prepare a skilled workforce with its permit, unless a longer time period has rental and homeownership restrictions, duty to ensure that the housing been established by the grantee. In the which are similar to the major provided by each grantee will remain event that the covenant has not expired restrictions specified in the Cranston- available for the purposes of low- before any later sale of the property, any Gonzalez Act (42 U.S.C. 12899d); income occupancy for a specified length conveyance document must contain the however, many of the more extensive of time. covenant for the time remaining. restrictions were eliminated. The Grantees will be required to provide III. Administrative Information Transfer Act does stipulate that verification to the Department that a Regulatory Flexibility Analysis, YouthBuild residential properties must restrictive covenant has been recorded, be available solely for rental by, or sale Executive Order 13272, Small Business through the submission of a copy of the Regulatory Enforcement Fairness Act to, homeless individuals and families or deed with the restrictive covenant low-income families, and/or for use as before the end of the grant period. The Regulatory Flexibility Act (RFA) transitional or permanent housing for The covenant requirement applies to at 5 U.S.C. 603(a) requires agencies to homeless individuals and families all newly constructed or rehabilitated prepare and make available for public transitioning to independent living. The residential units funded with comment an initial regulatory flexibility Department has interpreted this YouthBuild funds when they are for sale analysis which will describe the impact stipulation to require that YouthBuild or rent. When a grantee rehabilitates the of the proposed rule on small entities. residential properties be inhabited by home of a low-income homeowner, Section 605 of the RFA allows an homeless individuals and families or there is no sale or rental and therefore agency to certify a rule, in lieu of low-income families. Therefore, in the homeowner is not required to record preparing an analysis, if the proposed addition to constructing or a restrictive covenant. rulemaking is not expected to have a rehabilitating housing to sell or rent to All grantees or property owner must significant economic impact on a new low-income family tenants, make a good faith effort to rent the substantial number of small entities. YouthBuild grantees may rehabilitate property to homeless individuals and Furthermore, under the Small Business residences already occupied by low- families or low-income families. Regulatory Enforcement Fairness Act of income families. Grantees or property owners must not 1996, 5 U.S.C. 801 (SBREFA), an agency As administrator of the YouthBuild terminate the tenancy or refuse to renew is required to produce compliance program, it is the Department’s the lease of a tenant occupying a guidance for small entities if the rule responsibility to ensure that YouthBuild residential rental housing unit has a significant economic impact on a funds are only used for the housing constructed or rehabilitated using substantial number of small entities. purposes stipulated in the Transfer Act. YouthBuild funds except for serious or The RFA defines small entities as small Additionally, we are concerned with repeated violations of the terms and business concerns, small not-for-profit minimizing the enforcement burden on conditions of the lease, for violation of enterprises, or small governmental grantees in order to emphasize the applicable Federal, State or local laws, jurisdictions. The proposed rule directly training and employment purposes of or for good cause. Except for dangerous affects all YouthBuild grantees, of the programs. In order to accomplish or egregious situations involving the which there are currently 226. About these goals, a new requirement is being tenant, any termination or refusal to half of these are small entities (generally proposed in order to create a self- renew the lease must be preceded by not non-profit, community-based enforcing mechanism to ensure less than a 30-day written notice to the organizations). The Department does not compliance with the YouthBuild tenant specifying the grounds for the believe that the proposed rule will have housing limitations. The HUD action. a significant economic impact on a regulations required the restrictions be Grantees and/or property owners who substantial number of these small in place for 10 years and that if the are rehabilitating or constructing houses entities. The Department has certified property was sold before the for the purposes of transitional or this to the Chief Counsel for Advocacy, termination of the time period, any permanent housing for homeless Small Business Administration, conveyance document require that the individuals and families and low- pursuant to the Regulatory Flexibility new owner abide by the restrictions. income families under the YouthBuild Act. Primary issues affected by the The Department’s new requirement is program will be required to ensure that proposed rule are discussed below. that grantees ensure that a restrictive the housing is safe and sanitary. The The YouthBuild program has existed covenant be recorded with the housing must also meet any applicable since 1978. YouthBuild began as a appropriate local office or agency State and local housing codes and Federal grant program in 1994 and was against the property limiting the use of licensing requirements in the administered by HUD until 2006 when residential units constructed or jurisdiction in which the housing is it was transferred to the Department. rehabilitated using YouthBuild funds to located. Transitional housing is a YouthBuild operates as a voluntary housing for homeless individuals and necessary factor in community grant program. While there are matching families and low-income families. improvement and development. The and leverage requirements,

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organizations apply for Federal grant comments from members of the public million or more, as well as an action funds. The costs that might be thought who believe there will be a significant that raises a novel legal or policy issue. to be increased by the proposed rule are economic impact on small entities. The regulatory requirements defined participant safety, worksite and implemented by this proposed rule Paperwork Reduction Act environmental standards, and a required for this grant program will not have an follow-up time period for YouthBuild One of the purposes of the Paperwork annual effect on the economy of $100 enrollees, all of which may be paid for Reduction Act of 1995 (PRA), 44 U.S.C. million or more but do raise novel with grant funds. 3501 et seq., is to minimize the policy issues. With the transfer of the The proposed rule would require that paperwork burden on affected entities. program from HUD to the Department, all applicable National Institute for The PRA requires certain actions before there have been changes from what was Occupational Safety and Health an agency can adopt or revise the required under the ‘‘Hope for Youth’’, (NIOSH) and Occupational Safety and collection of information, including the original YouthBuild program located Heath Administration (OSHA) publishing a summary of the collection in the Cranston-Gonzalez National regulations be followed for youth who of information and a brief description of Affordable Housing Act of 1992. are on YouthBuild participant the need for and proposed use of the Primarily, the transfer allowed for a construction sites. The NIOSH safety information. change of focus from a purely housing measures are standard requirements for The collection of data described in initiative to one more focused on job all Federally-funded construction this proposed rule contains and skills training and low-income worksites across the United States. The requirements to implement reporting housing creation. Therefore this requirements should not add and recordkeeping requirements for the proposed rule has been submitted to demonstrably to the cost of any YouthBuild program. This reporting OMB for review. YouthBuild program because safety structure features standardized data Unfunded Mandates Reform Act equipment required by NIOSH collection for program participants, and standards can be purchased using quarterly narrative and Management Title II of the Unfunded Mandates YouthBuild grant funds provided by the Information System (MIS) performance Reform Act of 1995 (2 U.S.C. 1531) Department. Further, the cost of the report formats. All data collection and directs agencies to assess the effects of other requirements—supervisor reporting will be done by YouthBuild Federal regulatory actions on State, training, development of safety plans, grantees. local, and tribal governments, and the safety reporting, etc.—can be paid for These requirements were previously private sector. This NPRM has no with grant funds as well. reviewed and approved for use by the ‘‘Federal mandate,’’ which is defined in In addition, the Department is Office of Management and Budget 2 U.S.C. 658(6) to include either a requiring that all Federal environmental (OMB) under 44 U.S.C. 3507 and 5 CFR ‘‘Federal intergovernmental mandate’’ or standards, including National part 1320, and assigned OMB control a ‘‘Federal private sector mandate.’’ A Environmental Policy Act of 1969 number 1205–0464 under the provisions Federal mandate is any provision in a (NEPA), be followed. This is a standard of the PRA. YouthBuild grantees will regulation that imposes an enforceable for all Federally-funded construction collect and report selected standardized duty upon State, local, or tribal worksites across the United States and information on customers in governments, or imposes a duty upon is already established procedure at YouthBuild programs for the purposes the private sector which is not many YouthBuild work sites. of general program oversight, voluntary. The YouthBuild program is a YouthBuild grant funds may be used to evaluation, and performance grant program. Grantee participation in ensure compliance with the required assessment. ETA will provide all YouthBuild is voluntary. Furthermore, environmental standards. grantees with a YouthBuild this proposed rule does not include any The proposed rule also requires a management information system (MIS) Federal mandate that may result in minimum 9-month follow-up period for to use for collecting participant data and increased expenditure by State, local, enrollees who exit the YouthBuild for preparing and submitting the and tribal governments in the aggregate program. While this is a new required quarterly reports. The of more than $100 million, or increased requirement in the proposed rule, one of Department has determined that this expenditures by the private sector of the mandatory program reporting proposed rule contains no new more than $100 million. requirements already in place for information collection requirements. Executive Order—12630 Government YouthBuild requires a minimum 9- The Department estimates that the Actions and Interference with month follow-up period for participants. public reporting burden for this Constitutionally Protected Property As a result, the 9-month follow-up collection of information will amount to Rights period requirement should already be 16,280 hours. This total includes all followed by all YouthBuild programs paperwork in regard to this proposed The YouthBuild Transfer Act requires and will not add to the existing program rule over the course of one program year that housing rehabilitated or costs. for all grantees nationwide. constructed with YouthBuild grant Finally, the YouthBuild program will funds be for the purposes of housing have a beneficial economic impact on Executive Order 12866 homeless individuals and families or small entity program participants. While Executive Order 12866 requires that low-income families. In order for the there are match and leverage for each ‘‘significant regulatory action’’ Department to ensure that the requirements under YouthBuild, the proposed by the Department, the YouthBuild program is administered in grantees are applying to receive Department conduct an assessment of compliance with the legislation, each additional resources to carry out their the proposed regulatory action and grantee must ensure that the owner of purposes for the benefit of participants. provide OMB with the proposed the property where YouthBuild funds Accordingly, the Department certifies regulation and the requisite assessment are spent to construct or rehabilitate that this proposed rule will not have a prior to publishing the regulation. A residential units records a restrictive significant economic impact on a significant regulatory action is defined covenant on the property, limiting the substantial number of small entities. to include an action that will have an use of the units to housing for homeless The Department explicitly invites annual effect on the economy of $100 individuals and families and low-

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income families. Such a restrictive or on the distribution of power and records will be retrieved by an covenant will not result in a taking responsibilities between the Federal individual’s name or personal identifier; without just compensation. This is a Government and Indian Tribes. and (2) involves computerized matching contractually-based restriction and This proposed rule addresses a of records from a Privacy Act System of therefore property owners are voluntary grant program, YouthBuild, Records with any other records. compensated for any limitations on the which is administered by the This regulation is not affected by the use of their land. Property owners enter Department. We conclude that this Privacy Act of 1974 as it does not into these contracts creating the proposed rule does not directly affect require the collection of information by restriction voluntarily and they receive one or more Indian Tribes, the the Department of an individual’s name consideration in the form of services relationship between the Federal or other personal identifier or involves from the YouthBuild program to build Government and Indian Tribes, or the computerized matching of records from or rehabilitate their housing for the distribution of power and a Privacy Act System of Records with burden on their property. Subsequent responsibilities between the Federal any other records. purchasers will have notice of the Government and Indian Tribes. covenant and will be able to determine Plain Language purchase price with knowledge of the Environmental Impact Assessment The Department drafted this proposed limitations on the use of the property. The Department has reviewed this rule in plain language. Furthermore, the restrictive covenant proposed rule in accordance with the List of Subjects in 20 CFR Part 672 will expire 10 years from the date of requirements of the National issuance of occupancy permit, giving Environmental Policy Act (NEPA) of Apprenticeship, Construction, flexibility to the grantee and/or property 1969 (42 U.S.C. 4321 et seq.), the Education, High growth, Homeless, owner within a reasonable time period. regulations of the Council on Housing, Labor, Low-income, Safety, The Department is committed to Environmental Quality (40 CFR part Training, Transitional housing, and upholding the integrity of the 1500), and the Department’s NEPA Youth. YouthBuild program in all its aspects procedures (29 CFR part 11). The For the reasons discussed in the and believes that a restrictive covenant proposed rule will not have a significant preamble, the Department proposes to is the best way to meet the purpose of impact on the quality of the human add 20 CFR part 672 to read as follows: the legislation with regard to housing environment, and, thus, the Department for homeless individuals and families has not prepared an environmental PART 672—PROVISIONS GOVERNING and low-income families. assessment or an environmental impact THE YOUTHBUILD PROGRAM statement. Executive Order 12988—Civil Justice Subpart A—Purpose and Definitions This proposed regulation has been Assessment of Federal Regulations and Sec. drafted and reviewed in accordance Policies on Families 672.100 What is YouthBuild? with Executive Order 12988, Civil Section 654 of the Treasury and 672.105 What are the purposes of the Justice Reform, and will not unduly General Government Appropriations YouthBuild program? 672.110 What definitions apply to this part? burden the Federal court system. The Act, enacted as part of the Omnibus proposed regulation has been written so Consolidated and Emergency Subpart B—Funding and Grant Applications as to minimize litigation and provide a Supplemental Appropriations Act of 672.200 How are YouthBuild grants funded clear legal standard for affected conduct 1999 (Pub. L. 105–277, 112 Stat. 2681), and administered? and has been reviewed carefully to requires the Department to assess the 672.205 How does an eligible entity apply eliminate drafting errors and impact of this proposed rule on family for grant funds to operate a YouthBuild ambiguities. well-being. A rule that is determined to program? have a negative effect on families must 672.210 How are eligible entities selected to Executive Order 13045 receive grant funds? be supported with an adequate Executive Order 13045 concerns the 672.215 How are eligible entities notified of rationale. approval for grant funds? protection of children from The Department has assessed this environmental health risks and safety proposed rule and determines that it Subpart C—Program Requirements risks. This proposed rule has no impact will not have a negative effect on 672.300 Who is an eligible participant? on the environmental health or safety of families. Indeed, we maintain that this 672.305 Are there special rules that apply children proposed rule will strengthen families to veterans? 672.310 What eligible activities may be Executive Order 13175 by providing low-income housing and occupational training for low-income funded under the YouthBuild program? 672.315 What timeframes apply to Executive Order 13175 addresses the families and others. unique relationship between the Federal participation? Government and Indian Tribal Executive Order 13211 672.320 What timeframes must be devoted to education and workforce investment governments. The order requires Federal This proposed rule is not subject to or other activities? agencies to take certain actions when Executive Order 13211, because it will 672.325 What timeframes apply for follow- regulations have ‘‘Tribal implications.’’ not have a significant adverse effect on up services? Required actions include consulting the supply, distribution, or use of Subpart D—Performance Indicators with Tribal governments prior to energy. promulgating a regulation with Tribal 672.400 What are the performance implications and preparing a Tribal Privacy Act of 1974 indicators for YouthBuild grants? impact statement. The order defines The Privacy Act of 1974 is implicated 672.405 What are the required levels of performance for the performance regulations as having Tribal when a regulation: (1) Requires either indicators? implications when they have substantial collection of information that the agency 672.410 What are the reporting direct effects on one or more Indian will retrieve by an individual’s name or requirements for YouthBuild grantees? Tribes, on the relationship between the other personal identifier or would create 672.415 What are the due dates for Federal Government and Indian Tribes, a program where the agency’s program quarterly reporting?

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Subpart E—Administrative Rules, Costs the larger community because it directly related to the construction or and Limitations provides more new and rehabilitated rehabilitation of residential, community, 672.500 What administrative regulations affordable housing. or other public facilities. These apply to the YouthBuild program? activities include, but are not limited to, 672.505 How may grantees provide services § 672.105 What are the purposes of the job skills that can be found under the YouthBuild program? under the YouthBuild program? Standard Occupational Classification 672.510 What cost limits apply to the use (a) The overarching goal of the System (SOC) major group 47, of YouthBuild program funds? YouthBuild program is to enable 672.515 What are the cost-sharing or Construction and Extraction disadvantaged and low-income youth Occupations, in codes 47–1011 through matching requirements of the the opportunity to obtain education and YouthBuild program? 47–4099. These activities may also 672.520 What are considered to be employment skills necessary to achieve include, but are not limited to leveraged funds? economic self-sufficiency. Additionally, construction skills that may be required 672.525 How are the costs associated with the YouthBuild program has as goals: by green building and weatherization real property treated in the YouthBuild (1) Promote leadership skills industries but are not yet standardized. program? development and community service A full list of the SOC’s can be found at 672.530 What participant costs are activities. YouthBuild programs will the Bureau of Labor Statistics (BLS) Web allowable under the YouthBuild foster the development of leadership program? site, http://www.bls.gov/soc. skills and a commitment to community Eligible entity: The term ‘‘eligible 672.535 What effect do payments to improvement among youth in low- YouthBuild participants have on entity’’ means a public or private eligibility for other Federal need-based income communities. nonprofit agency or organization benefits? (2) Enable youth to further their (including a consortium of such 672.540 What program income education and training. YouthBuild agencies or organizations), including— requirements apply under the programs will provide counseling and (1) A community-based organization; YouthBuild program? assistance in obtaining post-secondary (2) A faith-based organization; 672.545 Are YouthBuild programs subject education and/or employment and (3) An entity carrying out activities to the Davis-Bacon Act labor standards? training placements that allow youth to under this Title, such as a local school 672.550 What are the recordkeeping further their education and training. requirements for YouthBuild programs? board; (3) Reduce the rate of homelessness in (4) A community action agency; Subpart F—Additional Requirements communities with YouthBuild (5) A State or local housing 672.600 What are the safety requirements programs. The program seeks to increase development agency; for the YouthBuild Program? the number of affordable housing units (6) An Indian tribe or other agency 672.605 What are the reporting available to decrease the number of primarily serving Indians; requirements for youth safety? homeless individuals and families in (7) A community development 672.610 What environmental protection their communities. corporation; laws apply to the YouthBuild Program? (b) Through these newfound (8) A State or local youth service or 672.615 What requirements apply to educational and occupational conservation corps; and YouthBuild Housing? opportunities, youth participants will (9) Any other entity eligible to Authority: 29 U.S.C. 2918a. provide a valuable contribution to their provide education or employment communities. The YouthBuild program training under a Federal program (other Subpart A—Purpose and Definitions will add skilled workers to the than the program carried out under this § 672.100 What is YouthBuild? workforce by educating and training part). YouthBuild is a workforce youth who might have otherwise Homeless individual: As defined in 42 development program that provides succumbed to the negative influences U.S.C. 11302 of the McKinney-Vento employment, education, leadership within their environments. Homeless Assistance Act, a ‘‘homeless ’’ development, and training opportunities individual is: § 672.110 What definitions apply to this (1) An individual who lacks a fixed, to disadvantaged and low-income youth part? regular, and adequate night time between the ages of 16 and 24, who are Alternative school: The term residence; and secondary school drop outs and are ‘‘alternative school’’ means a school or (2) An individual who has a primary either a member of a low-income family, program that is set up by a State, school night time residence that is— a foster care youth, a youth offender, a district, or other community-based (i) A supervised publicly or privately youth with a disability, a child of an entity to serve young people who are operated shelter designed to provide incarcerated parent, or a migrant youth. not succeeding in a traditional public temporary living accommodations Program participants receive education school environment. An ‘‘alternative (including welfare hotels, congregate services that may lead to either a high school’’ must be recognized by the shelters, and transitional housing for the school diploma or General Education authorizing entity designated by the mentally ill); Development (GED). Further, they State, must award a high school (ii) An institution that provides a receive occupational skills training and diploma and, must be affiliated with temporary residence for individuals are encouraged to pursue a post- YouthBuild programs in order to qualify intended to be institutionalized; or secondary education or additional as part of a ‘‘sequential service strategy.’’ (iii) A public or private place not training, including registered Community or other public facility: designed for, or ordinarily used as, a apprenticeship programs. The program The term ‘‘community or other public regular sleeping accommodation for is designed to create a skilled workforce facility’’ means those facilities which are human beings. either in the construction industry, publicly owned and publicly used for Housing development agency: The through the rehabilitation and the benefit of the community. This term term ‘‘housing development agency’’ construction of housing for homeless may also encompass facilities used by means any agency of a Federal, State or individuals and families and low- the program but only if the facility is local government, or any private income families, as well as public available for public entry and use. nonprofit organization, that is engaged facilities, or in other high wage, high- Core construction: The term ‘‘core in providing housing for homeless demand jobs. The program also benefits construction’’ means activities that are individuals or low-income families.

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Income: As defined in 42 U.S.C. by chronic unemployment or or public body, or agency or 1437a(b), ‘‘income’’ is: Income from all underemployment; instrumentality of these entities, that is sources of each member of the (2) Made at least $800 from authorized to engage or assist in the household, as determined in accordance agricultural labor that is characterized development or operation of low- with the criteria prescribed by the by chronic unemployment or income housing. Secretary of Labor, in consultation with underemployment, if at least 50 percent Registered apprenticeship program: the Secretary of Agriculture, except that of his or her income came from such The term ‘‘registered apprenticeship any amounts not actually received by agricultural labor; program’’ means: the family and any amounts which (3) Was employed at least 50 percent (1) Registered under the Act of August would be eligible for exclusion under of his or her total employment in 16, 1937 (commonly known as the sec. 1382b(a)(7) of the United States agricultural labor that is characterized ‘‘National Apprenticeship Act’’; 50 Stat. Housing Act of 1937, may not be by chronic unemployment or 664, chapter 663; 20 U.S.C. 50 et seq.); considered as income under this underemployment; or and paragraph. (4) Was employed in agricultural (2) A program with a plan containing Indian; Indian tribe: As defined in 25 labor that requires travel to a jobsite all terms and conditions for the U.S.C. 450b of sec. 4 of the Indian Self- such that the farmworker is unable to qualification, recruitment, selection, Determination and Education return to a permanent place of residence employment and training of Assistance Act, the term ‘‘Indian’’ is a within the same day. apprentices, as required under 29 CFR person who is a member of an Indian Needs-based stipend: The term parts 29 and 30, including such matters tribe; and the term ‘‘Indian tribe’’ is any ‘‘Needs-based stipends’’ means as the requirement for a written Indian tribe, band, nation, or other additional payments (beyond regular apprenticeship agreement. organized group or community, stipends for program participation) that (3) To the extent that 29 CFR part 30 including any Alaska Native village or are based on defined needs that enable is amended, such amendments apply to regional or village corporation as youth to participate in the program. To the ‘‘registered apprenticeship program’’ defined in or established pursuant to the provide need-based stipends the grantee for Youthbuild. Alaska Native Claims Settlement Act (85 must have a written policy in place, Sequential service strategy: The term Stat. 688) (43 U.S.C. 1601 et seq.), which which defines: Eligibility; the amounts; ‘‘sequential service strategy’’ means the is recognized as eligible for the special and the required documentation and educational and occupational skills programs and services provided by the criteria for payments. This policy must training plan developed for individuals United States to Indians because of their be applied consistently to all program who have dropped out of high school status as Indians. participants. and want to enroll in a YouthBuild Individual of limited english Occupational skills training: The term program. The plan is designed so that proficiency: As defined in 20 U.S.C. ‘‘Occupational skills training’’ means an the individual sequentially enrolls in an 9202(10), an ‘‘individual of limited organized program of study that alternative school, and after receiving a English proficiency’’ is: An adult or out- provides specific vocational skills that year or more of educational services, of-school youth who has limited ability lead to proficiency in performing actual enrolls in the YouthBuild program. in speaking, reading, writing, or tasks and technical functions required Transitional housing: The term understanding the English language, by certain occupational fields at entry, ‘‘transitional housing’’ means housing and: intermediate, or advanced levels. The provided for the purpose of facilitating (1) Whose native language is a occupational skills training offered in the movement of homeless individuals language other than English; or YouthBuild programs must begin upon to independent living within a (2) Who lives in a family or program enrollment and be tied to the reasonable amount of time. The term community environment where a award of an industry recognized includes housing primarily designed to language other than English is the credential. serve deinstitutionalized homeless dominant language. Partnership: The term ‘‘partnership’’ individuals and other homeless Low-Income Family: As defined in 42 means an agreement that involves a individuals who are individuals with U.S.C. 1437a(b)(2), a ‘‘low-income Memorandum of Understanding (MOU) disabilities or are members of families family’’ is: A family whose income does or letter of commitment submitted by with children. not exceed 80 percent of the median each organization and applicant, as Youth in foster care: The term ‘‘youth income for the area, as determined by defined in the YouthBuild Transfer Act, in foster care’’ means youth currently in the Secretary of Labor with adjustments that plan on working together as foster care or youth who have ever been for smaller and larger families, except partners in a YouthBuild program. Each in foster care. that the Secretary of Labor may establish partner must have a clearly defined role. Youth who is an individual with a disability: The term youth who is an income ceilings higher or lower than 80 These roles must be verified through a individual with a disability means a per centum of the median for the area letter of commitment, not just a letter of youth with any disability (as defined in if the Secretary of Labor finds that such support, or MOU submitted by each section 3 of the Americans with variations are necessary because of partner. The letter of commitment or Disabilities Act of 1990 (42 U.S.C. prevailing levels of construction costs or MOU must detail the role the partner 12102)) or a student receiving special unusually high or low family incomes. will play in the YouthBuild Program, education and related services under the Further, as defined by 42 U.S.C. including specific responsibilities and Individuals with Disabilities Education 1437a(b)(2)(3), the term families resources committed, if appropriate. Act (IDEA). includes families consisting of one These letters or MOU’s must clearly person. indicate the partnering organization’s Subpart B—Funding and Grant Migrant youth: The term ‘‘migrant unique contribution and commitment to Applications youth’’ means a youth, or a youth who the YouthBuild Program. is the dependent of someone who, Public housing agency: As defined in § 672.200 How are YouthBuild grants during the previous 12 months has: 42 U.S.C. 1437a(b), a ‘‘public housing funded and administered? (1) Worked at least 25 days in agency’’ is: Any State, county, The Secretary uses funds authorized agricultural labor that is characterized municipality or other government entity for appropriation under sec. 173A of the

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Workforce Investment Act (WIA) to (2) Public education, criminal justice, (i) Support and guidance for administer YouthBuild as a national housing and community development, YouthBuild participants with court program under Title I, Subtitle D of the national service, or postsecondary involvement; and Act. YouthBuild grants are awarded to education or other systems that relate to (ii) Assists in the reporting of eligible entities, as defined in § 672.110, the goals of the proposed program; and recidivism rates among YouthBuild through a competitive selection process (3) Employers in the local area. participants. described in § 672.205. (g) The extent to which a proposed (5) Faith-based and community program provides for inclusion of organizations, and the extent to which § 672.205 How does an eligible entity tenants who were previously homeless they provide a variety of grant services apply for grant funds to operate a individuals or families in the rental of YouthBuild program? such as: housing provided through the program; (i) Case management; The Secretary announces the (h) The commitment of additional (ii) Mentoring; availability of grant funds through a resources to the proposed program (in (iii) English as a Second Language Solicitation for Grant Applications addition to the funds made available courses; and (SGA). The SGA contains instructions through the grant) by: (iv) Other comprehensive supportive for what is required in the grant (1) An applicant; services, when appropriate. application, describes eligibility (2) Recipients of other Federal, State, (j) The applicant’s potential to serve requirements, the rating criteria that or local housing and community different regions, including rural areas will be used in reviewing grant development assistance who will and States that may not have previously applications, and special reporting sponsor any part of the rehabilitation, received grants for YouthBuild requirements to operate a YouthBuild construction, operation and programs; and project. maintenance, or other housing and (k) Such other factors as the Secretary community development activities determines to be appropriate for § 672.210 How are eligible entities selected undertaken as part of the proposed to receive grant funds? purposes of evaluating an applicant’s program; or In order to receive funds under the potential to carry out the proposed (3) Entities carrying out other Federal, program in an effective and efficient YouthBuild program, an eligible entity State, or local activities or activities applying for funds (applicant) must manner. conducted by Indian tribes, including (l) The weight to be given to these meet selection criteria established by vocational education programs, adult the Secretary which include: factors will be described in the SGA and language instruction educational issued under § 672.205. (a) The qualifications or potential programs, and job training using funds capabilities of an applicant; provided under WIA, § 672.215 How are eligible entities notified (b) An applicant’s potential to (i) An applicant’s ability to enter of approval for grant funds? develop a successful YouthBuild partnerships with: The Secretary will, to the extent program; (1) Education and training providers practicable, notify each eligible entity (c) The need for an applicant’s including: applying for funds no later than 5 proposed program, as determined by the (i) The kindergarten through twelfth months from the date the application is degree of economic distress of the grade educational system; received, whether the application is community from which participants (ii) Adult education programs; approved or disapproved. In the event would be recruited (measured by (iii) Community and technical additional funds become available, ETA indicators such as poverty, youth colleges; reserves the right to use such funds to (iv) Four-year colleges and unemployment, and the number of select additional grantees from individuals who have dropped out of universities; (v) Registered apprenticeship applications submitted in response to an secondary school) and of the SGA. community in which the housing and programs; and public facilities proposed to be (vi) Other training entities. Subpart C—Program Requirements rehabilitated or constructed are located (2) Employers, including professional (measured by indicators such as organizations and associations. An § 672.300 Who is an eligible participant? incidence of homelessness, shortage of applicant will be evaluated on the (a) Except as provided in paragraph affordable housing, and poverty); extent to which employers participate (b) of this section, an individual is (d) The commitment of an applicant in: eligible to participate in a YouthBuild to provide skills training, leadership (i) Defining the program strategy and program if such individual is: development, and education to goals; (1) Not less than age 16 and not more (ii) Identifying needed skills and participants; than age 24 on the date of enrollment; competencies; (e) The focus of a proposed program and (iii) Designing training approaches on preparing youth for postsecondary (2) A school dropout or an individual and curricula; education and training opportunities or (iv) Contributing financial support; who has dropped out of school and in-demand occupations in the and reenrolled in an alternative school, if construction industry; (v) Hiring qualified YouthBuild that reenrollment is part of a sequential (f) The extent of an applicant’s graduates. service strategy; and coordination of activities to be carried (3) The workforce investment system (3) Is one or more of the following: out through the proposed program with: which may include: (i) A member of a low-income family (1) Local boards, One-Stop Career (i) State and local workforce as defined in § 672.110; Center operators, and One-Stop partners investment boards; (ii) A youth in foster care; participating in the operation of the (ii) State workforce agencies; and (iii) A youth offender; One-Stop delivery system involved, or (iii) One-Stop Career Centers and their (iv) A youth who is an individual the extent of the applicant’s good faith cooperating partners. with a disability; efforts, as determined by the Secretary, (4) The juvenile justice system, and (v) The child of a current or formerly in achieving such coordination; the extent to which it provides: incarcerated parent; or

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(vi) A migrant youth as defined in which may include community service (a) Eligible education activities, as § 672.110. and peer-centered activities encouraging specified in § 672.310(a), during at least (b) Exceptions. Not more than 25 responsibility and other positive social 50 percent of the time during which percent of the participants in a program, behaviors, and activities related to they participate in the program; and under this section, may be individuals youth policy committees that participate (b) Eligible workforce investment who do not meet the requirements of in decision-making related to the activities such as those specified in paragraph (a)(2) or (a)(3) of this section, program; and § 672.310(b) during at least 40 percent of if such individuals: (4) Supportive services, as defined the time during which they participate (1) Are basic skills deficient as under Title I of WIA Section 101(46), in the program. Grantees must provide defined in section 101(4) of WIA, even and provision of need-based stipends, as the eligible workforce investment if they have their high school diploma, defined in § 672.110. activities described in § 672.310(b)(1) as GED credential, or other State (b) Eligible workforce investment part of their program of eligible recognized equivalent; or activities include: workforce investment activities. (2) Have been referred by a local (1) Work experience and skills (c) The remaining 10 percent of the secondary school for participation in a training (coordinated, to the maximum time of participation can be used for the YouthBuild program leading to the extent feasible, with registered activities described in paragraphs (a) attainment of a secondary school apprenticeship programs) in housing and (b) of this section and/or for diploma. Referrals from secondary rehabilitation and construction leadership development and community schools to YouthBuild programs that activities described in paragraphs (c)(1) service activities. provide only a GED degree are not and (c)(2) of this section; allowed. § 672.325 What timeframes apply for (2) Occupational skills training; follow-up services? (3) Other paid and unpaid work § 672.305 Are there special rules that Follow-up services must be provided apply to veterans? experiences, including internships and job shadowing; and to YouthBuild participants for a period Special rules for determining income of not less than 9 months but no more for veterans are found in 20 CFR (4) Job search assistance. (c) Other eligible activities include: than 12 months after participants exit a 667.255 and for the priority of service YouthBuild program. These are services provisions for qualified persons are (1) Supervision and training for participants in the rehabilitation or that assist participants in obtaining or found in 20 CFR part 1010. Those retaining employment, or applying for special rules apply to covered persons construction of housing, including residential housing for homeless and transitioning to post-secondary who are eligible to participate in the education or training. YouthBuild program. individuals and families or low-income families, or transitional housing for Subpart D—Performance Indicators § 672.310 What eligible activities may be homeless individuals and families. funded under the YouthBuild program? (2) Supervision and training for § 672.400 What are the performance Grantees may provide one or more of participants in the rehabilitation or indicators for YouthBuild grants? the following education and workforce construction of community or other (a) The performance indicators for investment and other activities to public facilities, except that, as YouthBuild grants are: YouthBuild participants— provided in § 672.505(b), not more than (1) Placement in employment or (a) Eligible education activities 10 percent of the funds awarded for education; include: each grant may be used for such (2) Attainment of a degree or (1) Services and activities designed to supervision and training; certificate; meet the educational needs of (3) Ongoing training and technical (3) Literacy and numeracy gains; and participants, including: assistance for staff of grant recipients (4) Such other indicators of (i) Basic skills instruction and that is related to developing and performance as may be required by the remedial education; carrying out the YouthBuild program; Secretary. (ii) Language instruction educational (4) Payment of a portion of the (b) The Department will provide the programs for individuals with limited administrative costs of the program as details of the performance indicators in English proficiency; provided in § 672.505(a); administrative guidance. (iii) Secondary education services and (5) Adult mentoring; § 672.405 What are the required levels of activities, including tutoring, study (6) Provision of wages, stipends, or skills training, and dropout prevention performance for the performance additional benefits to participants in the indicators? activities, designed to lead to the program as provided in § 672.530; and attainment of a secondary school (a) Expected levels of performance for (7) Follow-up services as provided in each of the common performance diploma, GED credential, or other State- § 672.325. recognized equivalent (including indicators are national standards that recognized alternative standards for § 672.315 What timeframes apply to will be established at a later date and individuals with disabilities); participation? will be provided in separately issued (iv) Counseling and assistance in An eligible individual selected for guidance. Short-term or other obtaining post-secondary education and participation in the program must be performance indicators will be required financial aid; and offered full-time participation in the established at a later date and will be (v) Alternative secondary school program for not less than 6 months and provided in separately issued guidance services. not more than 24 months. or as part of the SGA or grant agreement. (2) Counseling services and related Performance level expectations are activities, such as comprehensive § 672.320 What timeframes must be based on available YouthBuild data and guidance and counseling on drug and devoted to education and workforce data from similar WIA Youth programs alcohol abuse and referral to appropriate investment or other activities? and may change between grant treatment; YouthBuild grantees must structure competitions. The expected national (3) Activities designed to develop programs so that participants in the levels of performance will take into employment and leadership skills, program are offered: account the extent to which the levels

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promote continuous improvement in § 672.505 How may grantees provide Federal, and non-Federal, resources performance. services under the YouthBuild program? which include: (b) The levels of performance Each recipient of a grant under the (1) Costs which meet the criteria for established must, at a minimum: YouthBuild program may provide the cost-sharing or match in § 672.515 and (1) Be expressed in an objective, services and activities described in are in excess of the amount of cost- quantifiable, and measurable form; and these regulations either directly or sharing or match resources required; (2) Indicate continuous improvement through subgrants, contracts, or other (2) Costs which would meet the in performance. arrangements with local educational criteria in § 672.515 except that they are agencies, postsecondary educational paid for with other Federal resources; § 672.410 What are the reporting institutions, State or local housing and requirements for YouthBuild grantees? development agencies, other public (3) Costs which benefit the grant Each grantee must provide such agencies, including agencies of Indian program and are otherwise allowable reports as are required by the Secretary tribes, or private organizations. under the cost principles but are not in separately issued guidance, allowable under the grant because of including: § 672.510 What cost limits apply to the use some statutory, regulatory, or grant of YouthBuild program funds? (a) The Quarterly Performance Report; provision, whether paid for with (b) The quarterly narrative progress (a) Administrative costs for programs Federal or non-Federal resources. report; operated under YouthBuild are limited (b) The use of leveraged funds must (c) The financial report; and to no more than 15 percent of the grant be reported in accordance with (d) Such other reports as may be award. The definition of administrative Departmental instructions. required by the grant agreement. costs can be found in 20 CFR 667.220. (b) The cost of supervision and § 672.525 How are the costs associated § 672.415 What are the due dates for training for participants involved in the with real property treated in the YouthBuild quarterly reporting? rehabilitation or construction of program? Each grantee must provide quarterly community and other public facilities is (a) As provided in paragraphs (b) and reports such that: limited to no more than 10 percent of (c) of this section, the costs of the (a) Quarterly reports are due no later the grant award. following activities associated with real than 45 days after the end of the property are allowable solely for the § 672.515 What are the cost-sharing or purpose of training YouthBuild reporting quarter, unless otherwise matching requirements of the YouthBuild specified in the reporting guidance program? participants: issued under § 672.410; and (1) Rehabilitation of existing (a) The cost-sharing or matching structures for use by homeless (b) A final financial report is required requirements applicable to a 90 days after the expiration of a funding individuals and families or low-income YouthBuild grant will be addressed in families or for use as transitional period or the termination of grant the grant agreement. support. housing. (b) The value of construction (2) Construction of buildings for use Subpart E—Administrative Rules, materials used in the YouthBuild by homeless individuals and families or Costs and Limitations program is an allowable cost for the low-income families or for use as purposes of the required non-Federal transitional housing. § 672.500 What administrative regulations share or match. (3) Construction or rehabilitation of apply to the YouthBuild program? (c) The value of land acquired for the community or other public facilities, YouthBuild program is not an allowable (a) The regulations found in this part. except, as provided in § 672.510(b), only cost-sharing or match. (b) The general administrative 10% of the grant award is allowable for requirements found in 20 CFR part 667, (d) Federal funds may not be used as cost-sharing or match resources except such construction and rehabilitation. except those which apply only to the (b) The costs for acquisition of WIA Title I–B program and those which as provided by Federal law. (e) The value of buildings acquired for buildings that are used for activities have been modified by this section. described in paragraph (a) of this (c) The Department’s regulations on the YouthBuild program is an allowable match, provided that the following section are allowable with prior grant government-wide requirements, which officer approval and only under the include: conditions apply: (1) The purchase cost of buildings following conditions: (1) The regulations codifying the used solely for training purposes is (1) Purchase cost of buildings used Office of Management and Budget’s allowable; and solely for training purposes is allowable; Government wide grants requirements: (2) For buildings used for training and and Circular A–110 (relocated to 2 CFR part other purposes, the allowable amount is (2) For buildings used for training and 215) and Circular A–102 at 29 CFR parts determined based on the proportionate other purposes, the allowable amount is 95 and 97, as applicable; share of the purchase price related to determined based on the proportionate (2) The Department’s regulations at 29 direct training activities. share of the purchase cost related to CFR part 37, which implement the (f) Grantees must follow the direct training. nondiscrimination provisions of WIA requirements of 29 CFR 95.23 or 29 CFR (c) The following costs are allowable section 188; 97.24 in the accounting, valuation, and to the extent allocable to training (3) The Department’s regulations at 29 reporting of the required non-Federal YouthBuild participants in the CFR parts 93, 94 and 98 relating to, and share. construction and rehabilitation restrictions on lobbying, drug free activities specified in paragraph (a) of workplace, and debarment and § 672.520 What are considered to be this section: suspension; leveraged funds? (1) Trainees’ tools and clothing; (4) The audit requirements of the (a) Leveraged funds used to support (2) On-site trainee supervisors; OMB Circular A–133 stated at 29 CFR allowable YouthBuild program activities (3) Construction management; part 99, as required by 29 CFR 96.11, consist of payments made for allowable (4) Relocation of buildings; and 95.26 and 97.26, as applicable. costs funded by both non-YouthBuild (5) Clearance and demolition.

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(d) Architectural fees, or a standards requirements in certain from working in identified hazardous proportionate share thereof, are circumstances. In those instances where occupations. allowable when such fees can be related a grantee is subject to Davis-Bacon (b) YouthBuild grantees are required to items such as architectural plans or requirements, the grantee must follow to: blueprints on which participants will be applicable requirements in the (1) Provide comprehensive safety trained. Department’s regulations at 29 CFR training for youth working on (e) The following costs are parts 1, 3, and 5, including the YouthBuild construction projects; unallowable: requirements contained in the Davis- (2) Have written, jobsite specific, (1) The costs of acquisition for land. Bacon contract provisions set forth in 29 safety plans overseen by an on-site (2) Brokerage fees. CFR 5.5. supervisor with authority to enforce (b) YouthBuild participants are safety procedures; § 672.530 What participant costs are allowable under the YouthBuild program? subject to Davis-Bacon Act labor (3) Provide necessary personal standards when they perform Davis- protective equipment to youth working Allowable participant costs include: Bacon-covered laborer or mechanic on YouthBuild projects; and (a) The costs of payments to work on Federal or Federally-assisted (4) Submit required injury incident participants engaged in eligible work- projects that are subject to the Davis- reports. related YouthBuild activities. Bacon Act labor standards. The Davis- (b) The costs of payments provided to Bacon prevailing wage requirements § 672.605 What are the reporting requirements for youth safety? participants engaged in non-work- apply to hours worked on the site of the related YouthBuild activities. work. YouthBuild grantees must ensure that (c) The costs of Needs-based stipends (1) YouthBuild participants may be YouthBuild program sites comply with (d) The costs of supportive services. classified as ‘‘trainees’’ on Davis-Bacon the Occupational Safety and Health (e) The costs of providing additional contracts only when they are employed Administration’s (OSHA) reporting benefits to participants, which may in and are individually registered in a requirements in 29 CFR part 1904. The include: program which has received prior YouthBuild grantee is responsible for (1) Tuition assistance for obtaining approval, evidenced by formal sending a copy of OSHA’s injury college education credits certification by the U.S. Department of incident report form, to U.S. Department (2) Scholarships to an Labor, Employment and Training of Labor, Employment and Training Apprenticeship, Technical, or Administration. The Davis-Bacon Administration within 7 days of any Secondary Education program; and contract clauses set forth in 29 CFR reportable injury suffered by a (3) Sponsored health programs. 5.5(a)(4)(ii) provide further rules and YouthBuild participant. The injury § 672.535 What effect do payments to requirements regarding the use of incident report form is available from YouthBuild participants have on eligibility trainees on Davis-Bacon covered OSHA and can be downloaded at for other Federal need-based benefits? contracts. http://www.osha.gov/recordkeeping/ Under 20 CFR 667.272(c), allowances, (2) YouthBuild participants who are RKforms.html. Reportable injuries earnings, and payments to individuals not registered and participating in a include those that result in death, days participating in programs under Title I training program approved by the away from work, restricted work or of WIA are not considered as income for Employment and Training transfer to another job, medical purposes of determining eligibility for Administration must be paid not less treatment beyond first aid, or loss of and the amount of income transfer and than the applicable wage rate on the consciousness. in-kind aid furnished under any Federal wage determination for the § 672.610 What environmental protection or Federally-assisted program based on classification of work actually laws apply to the YouthBuild program? performed. need other than as provided under the YouthBuild Program grantees are Social Security Act (42 U.S.C. 301). § 672.550 What are the recordkeeping required, where applicable, to comply § 672.540 What program income requirements for YouthBuild programs? with all environmental protection requirements apply under the YouthBuild (a) Grantees must follow the statutes and regulations. program? recordkeeping requirements specified in § 672.615 What requirements apply to (a) Except as provided in paragraph the Uniform Administrative YouthBuild housing? (b) of this section, program income Regulations, at 29 CFR 95.53 and 29 (a) YouthBuild grantees must ensure requirements, as specified in the CFR 97.42, as appropriate. that all residential housing units located applicable Uniform Administrative (b) Grantees must maintain such on the property which are constructed Requirements at 29 CFR 95.24 and additional records related to the use of or rehabilitated using YouthBuild funds 97.25, apply to YouthBuild grants. buildings constructed or rehabilitated must be available solely for: (b) Revenue from the sale or rental of with YouthBuild funds as specified in (1) Sale to homeless individuals and buildings rehabilitated or constructed the grant agreement or in the families or low-income families; under the YouthBuild program to Department’s guidance. homeless individuals and families and (2) Rental by homeless individuals low-income families is not considered Subpart F—Additional Requirements and families or low-income families; program income. Grantees are (3) Use as transitional or permanent § 672.600 What are the safety housing for the purpose of assisting in encouraged to use such revenue for the requirements for the YouthBuild program? long-term sustainability of the the movement of homeless individuals YouthBuild effort. (a) The working conditions of and families to independent living; or YouthBuild participants are subject to (4) Rehabilitation of homes for low- § 672.545 Are YouthBuild programs health and safety standards under 20 income homeowners. subject to the Davis-Bacon Act labor CFR 667.274. Such health and safety (b) For rentals of residential units standards? standards include ‘‘hazardous orders’’ located on the property which are (a) YouthBuild programs and grantees governing child labor under 29 CFR part constructed or rehabilitated using are subject to Davis-Bacon labor 570 prohibiting youth ages 16 and 17 YouthBuild funds:

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(1) The property must maintain at buyer of the property that all residential 2. Electronic Submission of least a 90 percent level of occupancy for housing units constructed or Comments. Interested persons may low-income families. The income test rehabilitated using YouthBuild funds submit comments electronically through will be conducted only at the time of are subject to the restrictions set forth in the Federal eRulemaking Portal at entry for each available unit or paragraphs (a), (b), (c), and (d) of this http://www.regulations.gov. HUD rehabilitation of occupant-owned home. section. strongly encourages commenters to If the grantee cannot find a qualifying Signed at Washington, DC, this 19th day of submit comments electronically. tenant to lease the unit, the unit may be August 2010. Electronic submission of comments leased to a family whose income is Jane Oates, allows the commenter maximum time to above the income threshold to qualify as prepare and submit a comment, ensures Assistant Secretary, Employment and a low-income family but below the Training Administration. timely receipt by HUD, and enables median income for the area. Leases for HUD to make them immediately [FR Doc. 2010–21097 Filed 8–26–10; 8:45 am] tenants with higher incomes will be available to the public. Comments limited to one or two years. The leases BILLING CODE 4510–FT–P submitted electronically through the provided to tenants with higher incomes http://www.regulations.gov Web site can will not be subject to the termination be viewed by other commenters and clause that is described in paragraph DEPARTMENT OF HOUSING AND interested members of the public. (b)(2) of this section. URBAN DEVELOPMENT Commenters should follow the (2) The property owner must not instructions provided on that site to 24 CFR Part 401 terminate the tenancy or refuse to renew submit comments electronically. the lease of a tenant occupying a [Docket No. FR–5304–P–01] Note: To receive consideration as public residential rental housing unit RIN 2502–AI75 comments, comments must be submitted constructed or rehabilitated using through one of the two methods specified YouthBuild funds except for serious or Multifamily Housing Reform and above. Again, all submissions must refer to repeated violations of the terms and the docket number and title of the rule. Affordability Act: Projects Eligible for a conditions of the lease, for violation of No Facsimile Comments. Facsimile applicable Federal, State or local laws, Restructuring Plan; When Eligibility Is Determined (FAX) comments are not acceptable. or for good cause. Any termination or Public Inspection of Public refusal to renew the lease must be AGENCY: Office of the Assistant Comments. All properly submitted preceded by not less than a 30-day Secretary for Housing—Federal Housing comments and communications written notice to the tenant specifying Commissioner, HUD. submitted to HUD will be available for the grounds for the action. The property ACTION: Proposed rule. public inspection and copying between owner may waive the written notice 8 a.m. and 5 p.m. weekdays at the above requirement for termination in SUMMARY: HUD seeks public comment address. Due to security measures at the dangerous or egregious situations on HUD’s determination of the point in HUD Headquarters building, an advance involving the tenant. time at which an assisted project appointment to review the public (c) All transitional or permanent covered by the Multifamily and Assisted comments must be scheduled by calling housing for homeless individuals or Housing Reform and Affordability Act is the Regulations Division at 202–708– families or low-income families must be eligible for restructuring. Additionally, 3055 (this is not a toll-free number). safe and sanitary. The housing must HUD proposes to amend its regulation, Individuals with speech or hearing meet all applicable State and local which provides a cross-reference to the impairments may access this number housing codes and licensing statutory list of the types of projects that through TTY by calling the Federal requirements in the jurisdiction in are eligible for mortgage restructuring, Information Relay Service, toll free, at which the housing is located. to incorporate that list into the 800–877–8339. Copies of all comments (d) For sales or rentals of residential regulation. HUD is initiating this housing units constructed or submitted are available for inspection rulemaking in accordance with a court rehabilitated using YouthBuild funds, and downloading at http:// decision. YouthBuild grantees must ensure that www.regulations.gov. owners of the property record a DATES: Comments Due Date: October 26, FOR FURTHER INFORMATION CONTACT: restrictive covenant at the time that an 2010. Theodore Toon, Deputy Assistant occupancy permit is issued against such ADDRESSES: Interested persons are Secretary, Office of Affordable Housing property which includes the use invited to submit comments regarding Preservation (OAHP), Department of restrictions set forth in paragraphs (a), this proposed rule to the Regulations Housing and Urban Development, 451 (b) and (c) of this section and Division, Office of General Counsel, Seventh Street, SW., Room 6230, incorporates the following definitions at Department of Housing and Urban Washington, DC 20024, telephone § 672.110: Homeless Individual; Low- Development, 451 7th Street, SW., number 202–708–0001 (this is not a toll- Income Housing; and Transitional Room 10276, Washington, DC 20410– free number). Persons with hearing or Housing. The term of the restrictive 0500. Communications must refer to the speech impairments may access this covenant must be at least 10 years from above docket number and title. There number via TTY by calling the toll-free the time of the issuance of the are two methods for submitting public Federal Information Relay Service at occupancy permit, unless a time period comments. All submissions must refer 800–877–8339. of more than 10 years has been to the above docket number and title. SUPPLEMENTARY INFORMATION: established by the grantee. Any 1. Submission of Comments by Mail. additional stipulations imposed by a Comments may be submitted by mail to I. Background grantee or property owner should be the Regulations Division, Office of The Multifamily Assisted Housing clearly stated in the covenant. General Counsel, Department of Reform and Affordability Act (42 U.S.C. (e) Any conveyance document Housing and Urban Development, 451 1437f note) (MAHRA) introduced a prepared in the 10-year period of the 7th Street, SW., Room 10276, Mark-to-Market program designed to restrictive covenant must inform the Washington, DC 20410–0500. preserve housing affordability, while

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reducing the long-term costs of Federal § 401.100 was contained in the CFR 401.100 instead of locating the assistance. Section 514 of MAHRA definition of ‘‘eligible project,’’ material related to project eligibility provides for mortgage restructuring and published as part of the 1998 interim entirely in the definition section. rental adjustment via an Operating Cost rule (63 FR 48944). As published in the Section 401.100(a), rather than cross- Adjustment Factor (OCAF). Section 524 1998 interim rule, the definition of referencing section 512(2) of MAHRA, of MAHRA deals specifically with ‘‘eligible project’’ read: lists the types of eligible projects. renewals of project-based Section 8 Eligible project means a project with a Section 401.100(b) established the assistance without mortgage mortgage insured or held by HUD, project- point in time at which a project is restructuring. Section 512(2) of MAHRA based assistance expiring on or after October judged to be eligible or ineligible for requires that an eligible multifamily 1, 1998, and rents for assisted units restructuring. Both §§ 401.100(a) and housing project be subject to one of exceeding comparable market rents; and 400.100(b) as promulgated in the 2006 eight different types of rental assistance otherwise meeting the definition of ‘‘eligible final rule included matters that HUD contracts and further requires that (i) multifamily housing project’’ in section believed were simply interpretive rules project rents be above-market and (ii) 512(2) of MAHRA. not requiring public comment. the project be subject to FHA-insured or Section 401.100 of the 1998 interim However, § 401.100(b) was HUD-held financing. Essentially, these rule read: successfully challenged in the case of eligible projects are: (1) Those with * * * Which projects are eligible for a Steinhorst Associates v. Preston, 572 rents that on average exceed the rents of Restructuring Plan under this part? F.Supp.2d 112, 122, 124 (D.D.C. 2008) comparable properties in the same General eligibility. A Restructuring Plan on the basis that ‘‘HUD promulgated the market area; (2) multifamily properties may be requested by an owner of an eligible regulation without following notice- consisting of more than four dwelling project that: and-comment procedures.’’ (See units; (3) financed by a mortgage held or (a) Has project-based assistance with an Steinhorst at 124.) The District Court insured by HUD; and (4) covered in expiration date of October 1, 1998, or later; vacated § 401.100(b) and remanded it to whole or part by a contract for (b) Has current gross potential rent for the HUD for further proceedings ‘‘consistent project-based assisted units that exceeds the assistance under one of several specified with this opinion.’’ (See 572 F.Supp.2d programs. These specified programs gross potential rent for the project based assisted units using comparable market rents; at 125). Since the failure to follow include current and former programs and notice-and-comment procedures was authorized under the following (c) Is not described in section 514(h) of found by the court to have made the authorities: (1) Section 8 of the U.S. MAHRA. rule defective, the appropriate remedial Housing Act of 1937 (42 U.S.C. 1437f); A HUD final rule published on March action for HUD is to propose the rule for (2) section 23 of the U.S. Housing Act 22, 2000 (65 FR 15480) removed notice and public comment. of 1937 as in effect before January 1, § 401.100 and entirely placed the Accordingly, HUD is proposing 24 1975 (the Section 23 Leased Housing CFR 401.100(b) for public comment. program, found at section 103 of the material in the definition section, combining it with the definition of Since 24 CFR 401.100(a) has a similar Housing and Urban Development Act of procedural history, even though that 1965 (Pub. L. 89–117, approved August ‘eligible project’ in § 401.2(c)). Consequently, the March, 2000 section was not challenged in the 10, 1965), which was the predecessor to Steinhorst case, HUD is also reopening the current Section 8 program); (3) Rent definition of ‘‘eligible project’’ reads as follows: public comment on § 401.100(a). HUD Supplements under 12 U.S.C. 1701s; will consider all public comments and and (4) the Section 8 program following Eligible project means a project that: reach a de novo determination about the (1) Has a mortgage insured or held by HUD; its conversion from the Rent content of these regulatory sections. Supplement program. (2) Receives project-based assistance On September 11, 1998, HUD issued expiring on or after October 1, 1998; II. Findings and Certifications (3) Has current gross potential rent for the an interim rule implementing the Mark- Environmental Impact to-Market program in 24 CFR parts 401 project-based assisted units that exceeds the gross potential rent for the project based A Finding of No Significant Impact and 402 (63 FR 48943). HUD accepted assisted units using comparable market rents; public comments on this interim rule as (4) Has a first mortgage that has not with respect to the environment was a basis for future rulemaking on this previously been restructured under this part previously made regarding this rule in subject. HUD issued a subsequent final or under a Reengineering demonstration accordance with HUD regulations in 24 rule on March 22, 2000 (65 FR 15485), program; CFR part 50 that implement section primarily to make regulatory changes (5) Is not described in section 514(h) of 102(2)(C) of the National Environmental regarding procedures other than the MAHRA; and Policy Act of 1969 (42 U.S.C. renewal procedures in section 524 of (6) Otherwise meets the definition of 4332(2)(C)) (See 71 FR 2120). The initial MAHRA, which were left to future ‘‘eligible multifamily housing project’’ in finding of no significant impact remains rulemaking. On January 12, 2006, HUD section 512(2) of MAHRA. applicable, and is available for public issued a final rule, amending its As provided in the March 2000 final inspection between 8 a.m. and 5 p.m. regulations in 24 CFR parts 401 and 402 rule, the list of eligible multifamily weekdays in the office of the (71 FR 2120). housing projects is provided in the Regulations Division, Department of The regulatory definition of an regulation by cross reference to the Housing and Urban Development, 451 eligible project was originally codified statutory provision, section 512(2) of 7th Street, SW., Room 10276, at 24 CFR 401.100. The version of MAHRA. Washington, DC 20410–0500. § 401.100 published in the 1998 interim The preamble to the March, 2000 final rule was a more succinct and general rule stated that further changes to 24 Regulatory Flexibility Act regulatory provision than that published CFR part 402 would be forthcoming The Regulatory Flexibility Act (RFA) in the later January 2006 final rule. The based on the public comments on the (5 U.S.C. 601 et seq.) generally requires variation between the 1998 codification 1998 interim rule (65 FR 15476). The an agency to conduct a regulatory and the later codification of § 401.100 final rule published on January 12, 2006 flexibility analysis of any rule subject to was due in part to the fact that a portion made these changes. Additionally, this notice and subject to comment of the regulation that became part of January 2006 final rule reinstates 24 rulemaking requirements, unless the

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agency certifies that the rule will not Accordingly, for the reasons stated in (6) Otherwise meet the definition of have a significant economic impact on the preamble, HUD proposes to amend ‘‘eligible multifamily housing project’’ in a substantial number of small entities. 24 CFR part 401 as follows: section 512(2) of MAHRA or meet the This rule affects only multifamily following three criteria: Section 8 owners. There are very few PART 401—MULTIFAMILY HOUSING (i) The project is assisted pursuant to multifamily Section 8 owners that are MORTGAGE AND HOUSING a contract for Section 8 assistance small entities. Therefore, this rule ASSISTANCE RESTRUCTURING renewed under section 524 of MAHRA; would not affect a substantial number of PROGRAM (MARK-TO-MARKET) (ii) It has an owner that consents for small entities within the meaning of the 1. The authority citation for part 401 the project to be treated as eligible; and RFA. continues to read as follows: (iii) At the time of its initial renewal Accordingly, the undersigned certifies under section 524, it met the Authority: 12 U.S.C. 1715z–1 and 1735f– requirements of section 512(2)(A), (B), that this rule will not have a significant 19(b); 42 U.S.C. 1437f(c)(8), 1437f(t), 1437f economic impact on a substantial note, and 3535(d). and (C) of MAHRA. number of small entities. (b) When is eligibility determined? Notwithstanding HUD’s determination Subpart A—General Provisions; Eligibility for a Restructuring Plan that this rule will not have a significant Eligibility under paragraph (a) of this section is determined by the status of a project on effect on a substantial number of small 2. Revise § 401.100 to read as follows: entities, HUD specifically invites the earlier of the termination or comments regarding any less § 401.100 Which projects are eligible for a expiration date of the project-based burdensome alternatives to this rule that restructuring plan under this part? assistance contract, which includes a will meet HUD’s objectives as described (a) What are the requirements for contract renewed under section 524 of in the preamble to this rule. eligibility? To be eligible for a MAHRA, or the date of the owner’s Restructuring Plan under this part, a request to HUD for a Restructuring Plan. Executive Order 13132, Federalism project must: Eligibility is not affected by a Executive Order 13132 (entitled (1) Have a mortgage insured or held subsequent change in status, such as ‘‘Federalism’’) prohibits an agency from by HUD; contract extension under § 401.600 or publishing any rule that has federalism (2) Be covered in whole or in part by part 402 of this chapter. implications if the rule either imposes a contract for project-based assistance Dated: July 15, 2010. substantial direct compliance costs on under— David H. Stevens, (i) The new construction or state and local governments and is not Assistant Secretary for Housing—Federal required by statute, or the rule preempts substantial rehabilitation program under Housing Commissioner. state law, unless the agency meets the section 8(b)(2) of the U.S. Housing Act of 1937 as in effect before October 1, [FR Doc. 2010–21322 Filed 8–26–10; 8:45 am] consultation and funding requirements BILLING CODE 4210–67–P of section 6 of the Executive Order. This 1983; proposed rule does not have federalism (ii) The property disposition program under section 8(b) of the U.S. Housing implications and does not impose ENVIRONMENTAL PROTECTION substantial direct compliance costs on Act of 1937; (iii) The moderate rehabilitation AGENCY state and local governments or preempt program under section 8(e)(2) of the state law within the meaning of the United States Housing Act of 1937; 40 CFR Part 2 Executive Order. (iv) The loan management assistance [EPA–HQ–OAR–2009–0924; FRL–9193–7] Unfunded Mandates Reform Act program under section 8 of the United States Housing Act of 1937; RIN 2060–AQ04 Title II of the Unfunded Mandates (v) Section 23 of the United States Reform Act of 1995 (2 U.S.C. 1531– Housing Act of 1937 as in effect before Supplemental Proposal to the 1538) (UMRA) establishes requirements January 1, 1975; Proposed Confidentiality for Federal agencies to assess the effects (vi) The rent supplement program Determinations for Data Required of their regulatory actions on state, under section 101 of the Housing and Under the Mandatory Greenhouse Gas local, and tribal governments, and on Urban Development Act of 1965; Reporting Rule the private sector. This proposed rule (vii) Section 8 of the United States AGENCY: does not impose any Federal mandates Housing Act of 1937, following Environmental Protection on any State, local, or tribal government, conversion from assistance under Agency (EPA). or on the private sector, within the Section 101 of the Housing and Urban ACTION: Extension of public comment meaning of UMRA. Development Act of 1965; or period. (viii) Section 8 of the U.S. Housing List of Subjects in 24 CFR Part 401 SUMMARY: Act of 1937 as renewed under section On July 27, 2010, EPA 524 of MAHRA; published a Supplemental Proposal that Grant programs—Housing and proposed confidentiality determinations community development, Housing, (3) Have current gross potential rent for the project-based assisted units that for certain data elements contained in Housing assistance payments, Housing proposed revisions to the Mandatory standards, Insured loans, Loan exceeds the gross potential rent for the project-based assisted units using Greenhouse Gas Reporting Rule. In this programs—Housing and community action, EPA is extending the comment development, Low and moderate comparable market rents; (4) Have a first mortgage that has not period for the Supplemental Proposal income housing, Mortgage insurance, until September 7, 2010. Mortgages, Rent subsidies, Reporting previously been restructured under this and recordkeeping requirements. part or under HUD’s Portfolio DATES: Comments. This document Reengineering demonstration authority extends the comment period for the The Catalogue of Federal Domestic as defined in § 402.2(c) of this chapter; Supplemental Proposal to the Proposed Assistance number for the programs (5) Not be a project that is described Confidentiality Determinations for Data affected by this rule is 14.871. in section 514(h) of MAHRA; and Required under the Mandatory

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Greenhouse Gas Reporting Rule (75 FR Docket: All documents in the docket 39094). The comment period for the CBI 43889). Comments must be received on are listed in the http:// Proposal ends on September 7, 2010. or before September 7, 2010. www.regulations.gov index. Although On July 27, 2010, EPA published the ADDRESSES: Submit your comments, listed in the index, some information is Supplemental CBI Proposal; the identified by Docket ID No. EPA–HQ– not publicly available, e.g., CBI or other comment period for the Supplemental OAR–2009–0924, by one of the information whose disclosure is CBI Proposal would have ended on following methods: restricted by statute. Certain other August 26, 2010. Federal eRulemaking Portal: http:// material, such as copyrighted material, EPA received comments requesting an www.regulations.gov. Follow the online will be publicly available only in hard extension of the public comment period instructions for submitting comments. copy. Publicly available docket for the Supplemental CBI Proposal to E-mail: [email protected]. materials are available either September 7, 2010. Commenters noted Fax: (202) 566–1741. electronically in http:// that the CBI Proposal and the Mail: Environmental Protection www.regulations.gov or in hard copy at Supplemental CBI Proposal both Agency, EPA Docket Center (EPA/DC), the Air Docket, EPA/DC, EPA West, concern the confidentiality of data Mailcode 6102T, Attention Docket ID Room B102, 1301 Constitution Ave., collected under the Greenhouse Gas No. EPA–HQ–OAR–2009–0924, 1200 NW., Washington, DC. This Docket Reporting Program. Commenters also Pennsylvania Avenue, NW., Facility is open from 8:30 a.m. to 4:30 noted how comments on the two Washington, DC 20460. p.m., Monday through Friday, excluding proposals might be easily consolidated Hand Delivery: EPA Docket Center, legal holidays. The telephone number into one document. Therefore, to Public Reading Room, EPA West for the Public Reading Room is (202) facilitate submission of public Building, Room 3334, 1301 Constitution 566–1744, and the telephone number for comments, EPA is extending the Avenue, NW., Washington, DC 20004. the Air Docket is (202) 566–1742. comment period for the Supplemental CBI Proposal to September 7, 2010 so Such deliveries are only accepted FOR FURTHER INFORMATION CONTACT: during the Docket’s normal hours of that the comment period for both Carole Cook, Climate Change Division, actions ends on the same day. operation, and special arrangements Office of Atmospheric Programs (MC– should be made for deliveries of boxed 6207J), Environmental Protection List of Subjects in 40 CFR Part 2 information. Agency, 1200 Pennsylvania Ave., NW., Environmental protection, Instructions: Direct your comments to Washington, DC 20460; telephone Administrative practice and procedure, Docket ID No. EPA–HQ–OAR–2009– number: (202) 343–9263; fax number: Reporting and recordkeeping 0924. EPA’s policy is that all comments (202) 343–2342; e-mail address: requirements. received will be included in the public [email protected]. For technical Dated: August 23, 2010. docket without change and may be information, contact the Greenhouse made available online at http:// Gas Reporting Rule Hotline at: http:// Dina Kruger, www.regulations.gov, including any www.epa.gov/climatechange/emissions/ Acting Director, Office of Atmospheric personal information provided, unless ghgrule_contactus.htm. Alternatively, Programs. the comment includes information contact Carole Cook at 202–343–9263. [FR Doc. 2010–21385 Filed 8–26–10; 8:45 am] claimed to be confidential business BILLING CODE 6560–50–P information (CBI) or other information SUPPLEMENTARY INFORMATION: Additional whose disclosure is restricted by statute. Information on Submitting Comments: Do not submit information that you To expedite review of your comments ENVIRONMENTAL PROTECTION consider to be CBI or otherwise by Agency staff, you are encouraged to AGENCY protected through http:// send a separate copy of your comments, 40 CFR Part 52 www.regulations.gov or e-mail. The in addition to the copy you submit to http://www.regulations.gov Web site is the official docket, to Carole Cook, U.S. [EPA–R06–OAR–2009–0656; FRL–9193–6] an ‘‘anonymous access’’ system, which EPA, Office of Atmospheric Programs, means EPA will not know your identity Climate Change Division, Mail Code Approval and Promulgation of or contact information unless you 6207–J, Washington, DC, 20460, Implementation Plans; New Mexico; provide it in the body of your comment. telephone (202) 343–9263, e-mail Interstate Transport of Pollution; If you send an e-mail comment directly [email protected]. Revisions to Prevention of Significant to EPA without going through http:// Background on Today’s Action: In Deterioration Regulations this action, EPA is extending the public www.regulations.gov your e-mail AGENCY: Environmental Protection comment period on the July 27, 2010 address will be automatically captured Agency (EPA). Supplemental Proposal to the Proposed and included as part of the comment ACTION: Proposed rule. that is placed in the public docket and Confidentiality Determinations for Data made available on the Internet. If you Required Under the Mandatory SUMMARY: EPA is proposing to approve submit an electronic comment, EPA Greenhouse Gas Reporting Rule a State Implementation Plan (SIP) recommends that you include your (‘‘Supplemental CBI Proposal,’’ 75 FR revision submitted by the State of New name and other contact information in 43889). EPA is extending the comment Mexico for the purpose of addressing the body of your comment and with any period for the Supplemental CBI the ‘‘good neighbor’’ provisions of Clean disk or CD–ROM you submit. If EPA Proposal to September 7, 2010. Air Act (CAA) section 110(a)(2)(D)(i) for cannot read your comment due to On July 7, 2010, EPA published the the 1997 8-hour ozone National technical difficulties and cannot contact Proposed Confidentiality Ambient Air Quality Standards you for clarification, EPA may not be Determinations for Data Required Under (NAAQS or standards) and the 1997 able to consider your comment. the Mandatory Greenhouse Gas PM2.5 NAAQS. This SIP revision Electronic files should avoid the use of Reporting Rule and Proposed addresses the requirement that the State special characters, any form of Amendment to Special Rules Governing of New Mexico’s SIP have adequate encryption, and be free of any defects or Certain Information Obtained Under the provisions to prohibit air emissions viruses. Clean Air Act (‘‘CBI Proposal,’’ 75 FR from adversely affecting another state’s

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air quality through interstate transport. EPA’s policy is that all comments of the visit, please check in at the EPA In this action, EPA is proposing to received will be included in the public Region 6 reception area at 1445 Ross approve the New Mexico Interstate docket without change and may be Avenue, Suite 700, Dallas, Texas. Transport SIP provisions that address made available online at http:// The state submittal is also available the requirement of section www.regulations.gov, including any for public inspection during official 110(a)(2)(D)(i)(I) that emissions from personal information provided, unless business hours, by appointment, at the New Mexico sources do not interfere the comment includes information New Mexico Environment Department, with maintenance of the 1997 8-hour claimed to be Confidential Business Air Quality Bureau, 1190 St. Francis ozone NAAQS and the 1997 PM2.5 Information (CBI) or other information Drive, Santa Fe, New Mexico 87502. NAAQS in any other state. In addition, whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: EPA is proposing to approve the Do not submit information that you Emad Shahin, Air Planning Section provisions of this SIP submission that consider to be CBI or otherwise (6PD–L), Environmental Protection address the requirement of section protected through www.regulations.gov Agency, Region 6, 1445 Ross Avenue, 110(a)(2)(D)(i)(II) that emissions from or e-mail. The http:// Suite 700, Dallas, Texas 75202–2733, New Mexico sources do not interfere www.regulations.gov Web site is an telephone (214) 665–6717; fax number with measures required in the SIP of ‘‘anonymous access’’ system, which (214) 665–7263; e-mail address any other state under part C of the CAA means EPA will not know your identity [email protected]. to prevent significant deterioration of air or contact information unless you SUPPLEMENTARY INFORMATION: quality. For purposes of the 1997 8-hour provide it in the body of your comment. Throughout this document wherever ozone NAAQS, EPA is also proposing to If you send an e-mail comment directly ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the approve a SIP revision that modifies to EPA without going through http:// EPA. New Mexico’s Prevention of Significant www.regulations.gov your e-mail Deterioration (PSD) SIP for the 1997 8- address will be automatically captured Outline hour ozone NAAQS to include nitrogen and included as part of the comment I. What action is EPA taking? oxides (NOX) as an ozone precursor. that is placed in the public docket and II. What is a SIP? This action is being taken under section made available on the Internet. If you III. What is the background for this action? 110 and part C of the Clean Air Act (the submit an electronic comment, EPA IV. What is EPA’s evaluation of the State’s Act or CAA). recommends that you include your submission? V. Statutory and Executive Order Reviews DATES: Comments must be received on name and other contact information in or before September 27, 2010. the body of your comment and with any I. What action is EPA taking? ADDRESSES: Submit your comments, disk or CD–ROM you submit. If EPA We are proposing to approve a identified by Docket No. EPA–R06– cannot read your comment due to submission from the State of New OAR–2009–0656, by one of the technical difficulties and cannot contact Mexico demonstrating that New Mexico following methods: you for clarification, EPA may not be has adequately addressed two of the • Federal e-Rulemaking Portal: able to consider your comment. required elements of CAA section http://www.regulations.gov. Electronic files should avoid the use of 110(a)(2)(D)(i), the elements that require • Follow the online instructions for special characters, any form of that the State Implementation Plan submitting comments. encryption, and be free of any defects or prohibit air pollutant emissions from • EPA Region 6 ‘‘Contact Us’’ Web viruses. sources within a state from interfering site: http://epa.gov/region6/ Docket: All documents in the docket with maintenance of the relevant r6coment.htm. Please click on ‘‘6PD are listed in the http:// NAAQS in any other state, and from (Multimedia)’’ and select ‘‘Air’’ before www.regulations.gov index. Although interfering with measures required to submitting comments. listed in the index, some information is prevent significant deterioration of air • E-mail: Mr. Guy Donaldson at not publicly available, e.g., CBI or other quality in any other state. We are [email protected]. Please also information whose disclosure is proposing to determine that emissions send a copy by e-mail to the person restricted by statute. Certain other from sources in New Mexico do not listed in the FOR FURTHER INFORMATION material, such as copyrighted material, interfere with the maintenance of the CONTACT section below. will be publicly available only in hard 1997 8-hour ozone NAAQS or of the • Fax: Mr. Guy Donaldson, Chief, Air copy. Publicly available docket 1997 PM2.5 NAAQS, or with measures Planning Section (6PD–L), at fax materials are available either required to prevent significant number 214–665–7263. electronically in www.regulations.gov or deterioration of air quality, with regards • Mail: Mr. Guy Donaldson, Chief, in hard copy at the Air Planning Section to these ozone or PM2.5 NAAQS in any Air Planning Section (6PD–L), (6PD–L), Environmental Protection other state. In a separate prior action, we Environmental Protection Agency, 1445 Agency, 1445 Ross Avenue, Suite 700, have addressed the element of section Ross Avenue, Suite 1200, Dallas, Texas Dallas, Texas 75202–2733. The file will 110(a)(2)(D)(i) that pertains to 75202–2733. be made available by appointment for prohibiting air pollutant emissions from • Hand or Courier Delivery: Mr. Guy public inspection in the Region 6 FOIA within New Mexico from significantly Donaldson, Chief, Air Planning Section Review Room between the hours of 8:30 contributing to nonattainment of the (6PD–L), Environmental Protection a.m. and 4:30 p.m. weekdays except for 1997 8-hour ozone and 1997 PM2.5 Agency, 1445 Ross Avenue, Suite 1200, legal holidays. Contact the person listed NAAQS in any other state (75 FR Dallas, Texas 75202–2733. Such in the FOR FURTHER INFORMATION 33174). The remaining section deliveries are accepted only between the CONTACT paragraph below or Mr. Bill 110(a)(2)(D)(i) element which pertains hours of 8 a.m. and 4 p.m. weekdays, Deese at 214–665–7253 to make an to interference with measures required and not on legal holidays. Special appointment. If possible, please make to protect visibility in any other state arrangements should be made for the appointment at least two working will be addressed in a future deliveries of boxed information. days in advance of your visit. There will rulemaking. Instructions: Direct your comments to be a 15 cent per page fee for making In conjunction with our proposed Docket No. EPA–R06–OAR–2009–0656. photocopies of documents. On the day finding that emissions from sources in

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New Mexico are not interfering with any state to prevent significant deterioration requirements of section 110(a)(2)(D)(i) other state’s PSD program, we are also of air quality in such other state. for both the 1997 8-hour ozone proposing to approve a portion of the States are required to update or revise standards and the 1997 PM2.5 standards. SIP revision submitted by the State of SIPs under certain circumstances. One In this rulemaking, EPA is addressing New Mexico with rule revisions to such circumstance is EPA’s only the requirements that pertain to regulate NOx emissions in its PSD promulgation of a new or revised preventing sources in New Mexico from permit program as a precursor to ozone. NAAQS. Each state must submit these emitting pollutants that will interfere At this time, EPA is not taking action on revisions to EPA for approval and with maintenance of the 1997 8-hour incorporation into the federally- other portions of the SIP revisions ozone NAAQS and the 1997 PM enforceable SIP. 2.5 submitted by New Mexico together with NAAQS in other states, or that will 1 the PSD revision. EPA intends to act on III. What is the background for this interfere with measures required to the other revisions submitted together action? prevent significant deterioration of air with the PSD program revisions at a quality in other states with respect to later time. On July 18, 1997, EPA promulgated these NAAQS. In its submission, the EPA proposes to approve the new NAAQS for 8-hour ozone and for foregoing revisions relevant to section fine particulate matter (PM2.5). This State of New Mexico indicated that its 110(a)(2)(D)(i) and the revisions to the action is being taken in response to the current SIP is adequate to prevent such PSD program pursuant to section 110 promulgation of the 1997 8-hour ozone interference, and thus argued that no and part C of the CAA. NAAQS and 1997 PM2.5 NAAQS. This additional emissions controls or other action does not address the revisions are necessary at this time to II. What is a SIP? requirements for the 2006 PM2.5 NAAQS alleviate interstate transport for the 1997 or the 2008 8-hour ozone NAAQS; those Section 110(a) of the Clean Air Act 8 hour ozone NAAQS or the 1997 PM2.5 (CAA) requires each state to develop a standards will be addressed in later NAAQS. With this submission, the state plan that provides for the actions. would meet the first and second Section 110(a)(1) of the CAA requires implementation, maintenance, and elements of section 110(a)(2)(D)(i). states to submit SIPs to address a new enforcement of the national ambient air or revised NAAQS within 3 years after On August 31, 2009, the New Mexico quality standards (NAAQS). EPA promulgation of such standards, or Environment Department (NMED) also establishes NAAQS under section 109 of within such shorter period as EPA may adopted revisions to its PSD SIP in the CAA. Currently, the NAAQS address prescribe. Section 110(a)(2) lists the response to revisions required by EPA six criteria pollutants: carbon monoxide, elements that such new SIPs must for the 1997 8-hour ozone NAAQS. EPA nitrogen dioxide, ozone, lead, address, as applicable, including section received these revisions on September particulate matter, and sulfur dioxide. 110(a)(2)(D)(i), which pertains to The plan developed by a state is 21, 2009. These submitted PSD interstate transport of certain emissions. referred to as the state implementation revisions included changes to 20.2.74 On August 15, 2006, EPA issued its plan (SIP). The content of the SIP is NMAC (New Mexico Administrative ‘‘Guidance for State Implementation specified in section 110 of the CAA, Code) for ‘‘Permits—Prevention of Plan (SIP) Submissions to Meet Current other provisions of the CAA, and Significant Deterioration (PSD)’’ Outstanding Obligations Under Section applicable regulations. SIPs can be necessary to address NOX as a precursor 110(a)(2)(D)(i) for the 8–Hour Ozone and extensive, containing state regulations for the 1997 8-hour ozone NAAQS. The PM National Ambient Air Quality or other enforceable measures and 2.5 submittal contained revisions to Standards’’ (2006 Guidance). EPA various types of supporting information, Subsections 20.2.74.7 NMAC, developed the 2006 Guidance to make such as emissions inventories, Definitions; 20.2.74.502 NMAC, Table 2, recommendations to states for making monitoring networks, and modeling Significant Emission Rates inclusion of submissions to meet the requirements of demonstrations. section 110(a)(2)(D)(i) for the 1997 8- nitrogen oxides rate for ozone; and A primary purpose of the SIP is to hour ozone standards and the 1997 20.2.74.503 NMAC, Table 3, Significant provide the air pollution regulations, Monitoring Concentrations, Footnote b, PM2.5 standards. control strategies, and other means or As identified in the 2006 Guidance, inclusion of baseline threshold for techniques developed by the state to the ‘‘good neighbor’’ provisions in nitrogen oxides for requirements in ensure that the ambient air within that section 110(a)(2)(D)(i) require each state ambient impact analysis. state meets the NAAQS. However, to submit a SIP that prohibits emissions With EPA’s approval of this revision, another important aspect of the SIP is to that adversely affect another state in the that includes NOX as a precursor of the ensure that emissions from within the ways contemplated in the statute. state do not have certain prohibited 1997 8-hour ozone NAAQS, New Section 110(a)(2)(D)(i) contains four Mexico’s PSD SIP will include changes impacts upon the ambient air in other distinct requirements related to the states through interstate transport of necessary to implement the 1997 8-hour impacts of interstate transport. The SIP ozone NAAQS within the state as pollutants. This SIP requirement is must prevent sources in the state from specified in section 110(a)(2)(D) of the contemplated in the 2006 Guidance for emitting pollutants in amounts which SIP submissions to meet the third CAA. Pursuant to that provision, each will: (1) Contribute significantly to element of section 110(a)(2)(D). The state’s SIP must contain provisions nonattainment of the NAAQS in other submittal also contained revisions to adequate to prevent, among other states; (2) interfere with maintenance of things, emissions that interfere with the NAAQS in other states; (3) interfere 20.2.2 NMAC, Definitions and 20.2.79 maintenance of the NAAQS in any other with provisions to prevent significant NMAC, Permits—Nonattainment Areas. state or interfere with measures required deterioration of air quality in other At this time, EPA is not taking action on to be included in the SIP of any other states; or (4) interfere with efforts to these other SIP revisions submitted with protect visibility in other states. the PSD SIP revisions. 1 As noted later in this action, these revisions are separate from the New Mexico PSD revisions and On September 17, 2007, EPA received are to 20.2.2 NMAC, Definitions and 20.2.79 a SIP revision from the State of New NMAC, Permits-Nonattainment areas. Mexico intended to address the

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IV. What is EPA’s evaluation of the participation in a regional cap and trade recommendations to states in the 2006 State’s submission? program or by other means. Guidance with respect to the interfere EPA’s 2006 Guidance addressed with maintenance element of section A. EPA’s Evaluation of Interference section 110(a)(2)(D) requirements for the 110(a)(2)(D) because the agency’s With Maintenance 1997 8-hour ozone NAAQS and 1997 guidance suggested that states use an The second element of section PM2.5 NAAQS. For those states subject approach comparable to that used by 110(a)(2)(D)(i) requires that a state’s SIP to CAIR, EPA indicated that compliance EPA in CAIR. States such as New must prohibit any source or other type with CAIR would meet the two Mexico have already made SIP of emissions activity in the state from requirements of section 110(a)(2)(D)(i)(I) submissions that rely upon the emitting pollutants that would ‘‘interfere for these NAAQS. For states not within recommendations in EPA’s 2006 with maintenance’’ of the applicable the CAIR region, EPA recommended Guidance, and accordingly may not NAAQS in any other state. This term is that states evaluate whether or not have sufficiently differentiated between not defined in the statute. Therefore, emissions from their sources would the significant contribution to EPA has interpreted this term in past ‘‘interfere with maintenance’’ in other nonattainment and interfere with regulatory actions, such as the 1998 states, following the conceptual maintenance elements of the statute. approach adopted by EPA in CAIR. Given the court decision on CAIR in the NOX SIP Call, in which EPA took action to remediate emissions of NO that After recommending various types of interim, however, EPA believes that it is X necessary to evaluate these state significantly contributed to information that could be relevant for submissions for section 110(a)(2)(D) in nonattainment, or interfered with the technical analysis to support the SIP such a way as to assure that the interfere maintenance of, the then applicable submission, such as the amount of with maintenance element of the statute ozone NAAQS through interstate emissions and meteorological is given independent meaning and is transport of NO and the resulting conditions in the state, EPA further X appropriately evaluated using the types ozone.2 The NO SIP Call was the indicated that it would be appropriate X of information that EPA recommended mechanism through which EPA for the state to assess impacts of its in the 2006 Guidance. To accomplish evaluated whether or not the NO emissions on other states using X this, EPA believes it is necessary to use emissions from sources in certain states considerations comparable to those used an updated approach to address this had such prohibited interstate impacts, by EPA ‘‘in evaluating significant issue and to supplement the technical and if they had such impacts, required contribution to nonattainment in the 4 analysis provided by the state in order the states to adopt substantive SIP CAIR.’’ EPA did not make specific to evaluate the submissions with the revisions to eliminate those NO recommendations for how states should X respect to the interfere with emissions, whether through assess ‘‘interfere with maintenance’’ maintenance element of section participation in a regional cap and trade separately, and discussed the first two 110(a)(2)(D). program or by other means. elements of section 110(a)(2)(D) together without explicitly differentiating EPA has recently proposed a new rule After promulgation of the 1997 8-hour between them. to address interstate transport pursuant ozone NAAQS and the 1997 PM2.5 In 2008, however, the U.S. Court of to section 110(a)(2)(D), the ‘‘Federal NAAQS, EPA again recognized that Appeals for the DC Circuit found that Implementation Plans to Reduce regional transport was a serious concern CAIR and the related CAIR federal Interstate Transport of Fine Particulate throughout the eastern U.S. and implementation plans were unlawful.5 Matter and Ozone’’ (Transport Rule therefore developed the 2005 Clean Air Among other issues, the court held that Proposal), in order to address the Interstate Rule (CAIR) to address EPA had not correctly addressed the judicial remand of CAIR.8 As part of the emissions of SO2 and NOX that second element of section Transport Rule Proposal, EPA exacerbate ambient ozone and PM2.5 110(a)(2)(D)(i)(I) in CAIR. The court specifically reexamined the section levels in many downwind areas through noted that ‘‘EPA gave no independent 110(a)(2)(D) requirement that emissions interstate transport.3 Within CAIR, EPA significance to the ‘interfere with from sources in a state must not likewise interpreted the term ‘‘interfere maintenance’ prong of section ‘‘interfere with maintenance’’ of the 1997 with maintenance’’ as part of the 110(a)(2)(D)(i)(I) to separately identify 8-hour ozone NAAQS and 1997 PM2.5 evaluation of whether or not the upwind sources interfering with NAAQS in other states. In the proposal, emissions of sources in certain states downwind maintenance.’’ 6. EPA’s EPA developed an approach to identify had such impacts on areas that EPA approach, the court reasoned, would areas that it predicts to be close to the determined would either be in violation leave areas that are ‘‘barely meeting level of the 1997 8-hour ozone NAAQS of the NAAQS, or would be in jeopardy attainment’’ with ‘‘no recourse’’ to and 1997 PM2.5 NAAQS, and therefore of violating the NAAQS, in a modeled address upwind emissions sources.7 at risk to become nonattainment for future year unless action were taken by The court therefore concluded that a these NAAQS unless emissions from upwind states to reduce SO2 and NOX plain language reading of the statute sources in other states are appropriately emissions. Through CAIR, EPA again requires EPA to give independent controlled. This approach starts by required states that had such interstate meaning to the interfere with identifying those specific geographic impacts to adopt substantive SIP maintenance requirement of section areas for which further evaluation is revisions to eliminate the SO2 and NOX 110(a)(2)(D) and that the approach used appropriate, and differentiates between emissions, whether through by EPA in CAIR failed to do so. areas where the concern is with In addition to affecting CAIR directly, interference with maintenance, rather 2 See, 63 FR 57356 (October 27, 1998). EPA’s the court’s decision in the North than with significant contribution to general approach to section 110(a)(2)(D) was upheld Carolina case indirectly affects EPA’s nonattainment. in Michigan v. EPA, 213 F.3d 663 (DC Cir. 2000), As described in more detail below, cert denied, 532 U.S. 904 (2001). However, EPA’s approach to interference with maintenance in the 4 2006 Guidance at page 5. EPA’s analysis evaluates data from 5 NOX SIP Call was not explicitly reviewed by the See, North Carolina v. EPA, 531 F.3d 896 (DC court. See, North Carolina v. EPA, 531 F.3d 896, Circuit 2008). 8 See ‘‘Federal Implementation Plans to Reduce 907–09 (DC Cir. 2008). 6 Id. 531, F.3d at 909. Interstate Transport of Fine Particulate Matter and 3 See, 70 FR 25162 (May 12, 2005). 7 Id. Ozone,’’ 75 FR 45210 (August 2, 2010).

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existing monitors over three overlapping states necessarily need to follow B. New Mexico Transport SIP three year periods (i.e., 2003–2005, precisely the same analytical approach To meet the requirements of section 2004–2006, and 2005–2007), as well as of CAIR. In the 2006 Guidance, EPA 110(a)(2)(D), the State of New Mexico ‘‘ air quality modeling data, in order to stated that: EPA believes that the made a SIP submission to address determine which areas are predicted to contents of the SIP submission required interstate transport for the 1997 8-hour by section 110(a)(2)(D) may vary, be violating the 1997 ozone and PM2.5 ozone NAAQS and the 1997 PM NAAQS in 2012, and which areas are depending upon the facts and 2.5 NAAQS. EPA has previously approved predicted to potentially have a difficulty circumstances related to the specific this submission for purposes of the with maintaining attainment as of that NAAQS. In particular, the data and significant contribution to date. In essence, if an area’s projected analytical tools available at the time the nonattainment element of section data for 2012 indicates that it would be State develops and submits a SIP for a 110(a)(2)(D).14 Below, we discuss our violating the NAAQS based on the new or revised NAAQS necessarily evaluation of the state’s submission average of these three overlapping affects the contents of the required with respect to the interference with periods, then this monitor location is submission.’’ 11 EPA also indicated in maintenance element and the appropriate for comparison for purposes the 2006 Guidance that it did not interference with measures required to of the significant contribution to anticipate that sources in states outside prevent significant deterioration of air nonattainment element of section the geographic area covered by CAIR quality element. 110(a)(2)(D). If, however, an area’s were significantly contributing to projected data indicate that it would be nonattainment, or interfering with a. Interference With Maintenance maintenance, in other states.12 As noted violating the NAAQS based on the The State’s submittal focused in the Transport Rule Proposal, EPA highest single period, but not over the primarily on whether emissions from continues to believe that the more average of the three periods, then this New Mexico sources significantly widespread and serious transport monitor location is appropriate for contribute to nonattainment of the 1997 problems in the eastern United States comparison for purposes of the interfere 8-hour ozone NAAQS and 1997 PM are analytically distinct.13 For the 1997 2.5 with maintenance element of the NAAQS in other states. Following the 9 8-hour ozone NAAQS and the 1997 statute. 2006 Guidance and consistent with By this method, EPA has identified PM2.5 NAAQS, EPA believes that EPA’s approach in CAIR, New Mexico those areas with monitors that are nonattainment and maintenance did not evaluate whether emissions appropriate ‘‘maintenance sites’’ or problems in the western United States from New Mexico sources interfere with maintenance ‘‘receptors’’ for evaluating are relatively local in nature with only maintenance of these NAAQS in other whether the emissions from sources in limited impacts from interstate states separately from significant another state could interfere with transport. In the Transport Rule contribution to nonattainment in other maintenance in that particular area. EPA Proposal, EPA did not calculate states. Instead, the state presumed that then uses other analytical tools to interstate ozone or PM2.5 contributions if New Mexico sources were not examine the potential impacts of to or from Western States. significantly contributing to violations emissions from upwind states on these Accordingly, EPA believes that of the NAAQS in other states, then no maintenance sites in downwind states. section 110(a)(2)(D) SIP submissions for further specific evaluation was EPA believes that this new approach for states outside the geographic area of the necessary for purposes of the interfere identifying those areas that are Transport Rule Proposal may be with maintenance element of section predicted to have maintenance evaluated using a ‘‘weight of the 110(a)(2)(D). As explained above, problems is appropriate to evaluate the evidence’’ approach that takes into however, CAIR was remanded to EPA, section 110(a)(2)(D) SIP submission of a account the available relevant in part because the court found that EPA state for the interfere with maintenance information, such as that recommended had not correctly addressed whether element.10 EPA’s 2006 Guidance did not by EPA in the 2006 Guidance for states emissions from sources in a state provide this specific recommendation to outside the area affected by CAIR. Such interfere with maintenance of the states, but in light of the court’s decision information may include, but is not standards in other states. Therefore, on CAIR, EPA will itself follow this limited to, the amount of emissions in EPA must evaluate the New Mexico approach in acting upon the New the state relevant to the NAAQS in submission in light of the decision of Mexico submission. question, the meteorological conditions the court. As explained in the 2006 Guidance, in the area, the distance from the state On July 6, 2010, the EPA EPA does not believe that section to the nearest monitors in other states Administrator signed a proposed rule in 110(a)(2)(D) SIP submissions from all that are appropriate receptors, or such other information as may be probative to response to the judicial remand of CAIR. 9 A memorandum in the docket for this action consider whether sources in the state The Transport Rule Proposal includes a provides the information EPA used in order to may interfere with maintenance of the new approach to determine whether identify monitors that are receptors for evaluation 1997 8-hour ozone NAAQS and 1997 emissions from a state interfere with of interference with maintenance for certain states maintenance of the 1997 8-hour ozone in the western United States. See, Memorandum PM2.5 NAAQS in other states. These from Brian Timin of EPA’s Office of Air Quality submissions can rely on modeling when NAAQS and the 1997 PM2.5 NAAQS in Planning and Standards, Air Quality Modeling acceptable modeling technical analyses other states. EPA is using a comparable Group entitled ‘‘Documentation of Future Year are available, but EPA does not believe approach to that of the Transport Rule Ozone and Annual PM Design Values for Western 2.5 that modeling is necessarily required if Proposal in this action in order to States’’ (August 2010) (Timin Memo). determine if emissions from New 10 To begin this analysis, EPA first identifies all other available information is sufficient monitors projected to be in nonattainment or, based to evaluate the presence or degree of Mexico sources interfere with on historic variability in air quality, projected to interstate transport in a given situation. maintenance of these NAAQS in other have maintenance problems in 2012. The ‘‘problem’’ states. is that these maintenance areas are at risk not to 11 In the Transport Rule Proposal, EPA stay in attainment because they are so close to the 2006 Guidance at 4. 12 projected future concentrations of ozone level of the 1997 ozone and PM2.5 NAAQS that Id. at 5. minor variations in weather or emissions could 13 See, Transport Rule Proposal, 75 FR 45210 result in violations of the NAAQS in 2012. (August 2, 2010) at page 45227. 14 See, 75 FR 33174 (June 11, 2010).

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and PM2.5 to identify areas that are transport from emissions from New impact from New Mexico emissions. For expected to be out of attainment with Mexico sources with respect to other the modeling analysis conducted for NAAQS or to have difficulty NAAQS. states not included in the Transport maintaining compliance with the To project future ozone and annual Rule Proposal (i.e., states not included NAAQS in 2012. These areas are PM2.5 design values, EPA projected fully in the 12 km Transport Rule referred to as nonattainment and future ozone values based on an average Proposal modeling domain), EPA maintenance receptors, respectively. of three design value periods which identified several maintenance sites for These nonattainment and maintenance include the years 2003–2007 (i.e., the 1997 8-hour ozone NAAQS in receptors are based on projections of design values for 2003–2005, 2004– southern and central California using future air quality at existing ozone and 2006, and 2005–2007). The average of available 36 km modeling.18 The 12 km PM2.5 monitoring sites in those the three design values creates a ‘‘5-year Transport Rule Proposal modeling locations. EPA then used these sites as weighted average’’ value. The 5-year domain extends from Texas northward the receptors for examining the weighted average values were then to North Dakota and eastward from the contributions of emissions from sources projected to the future years that were Rocky Mountains to the East Coast and located in upwind states to analyzed for the Transport Rule includes 37 states and the District of nonattainment and maintenance Proposal.15 16 EPA used the 5-year Columbia. Significantly, EPA’s analysis problems at these monitoring locations. weighted average concentrations to did not identify any monitor sites in the Monitoring data was obtained from project concentrations anticipated in states that border New Mexico (Texas, EPA’s Air Quality System (AQS). 2012 to determine which monitoring Arizona, Colorado, Utah, and For ozone, EPA evaluated sites are expected to be nonattainment Oklahoma), other than the noted Texas concentrations relevant to the 1997 8- in this future year. EPA also projected areas, as maintenance sites in the hour ozone NAAQS. The level of the 2012 design values based on each of the Transport Rule Proposal. 1997 8-hour ozone NAAQS is 0.08 parts three-year periods (i.e., 2003–2005, For the annual PM2.5 NAAQS, EPA per million (ppm). The 8-hour ozone 2004–2006, and 2005–2007). The identified the following sites as standard is met if the 3-year average of highest projection is referred to as the maintenance receptors: A site in Cook the annual 4th highest daily maximum ‘‘maximum design value’’ and gives an County, Illinois in the Chicago area; a 8-hour ozone concentration is less than indication of potential variability in site in Harris County, Texas, in the or equal to 0.08 ppm (i.e., less than future projections due to differences in Houston/Galveston/Brazoria area; and 0.085 ppm based on the rounding actual meteorology and emissions from two sites in southern California. As part convention in 40 CFR part 50 Appendix what was modeled. of the Transport Rule Proposal, EPA did I). This 3-year average is referred to as EPA identified those sites that are not evaluate nonattainment receptors for the ‘‘design value.’’ projected to be attainment based on the the 1997 24-hour PM2.5 NAAQS because For PM2.5, EPA evaluated 5-year weighted average design value, there were no violations of the standard concentrations of both the annual PM2.5 but that have a maximum design value in portions of the U.S. covered by the NAAQS and the 24-hour PM2.5 NAAQS. (based on a single three-year period) 12 km grid, which consists of the The 1997 annual PM2.5 NAAQS is met that exceeds the NAAQS, as continental U.S. east of the Rockies.19 In when the 3-year average of the annual maintenance sites because EPA fact, based on recent monitoring data mean concentration is 15.0 micrograms anticipates that there will be more (2007–2009 design values that are under per cubic meter (μg/m3) or less. The 3- difficulty in maintaining attainment of final EPA review), the highest 24-hour year average annual mean concentration the NAAQS at these locations if there PM2.5 design value in the 47 states of the is computed at each site by averaging are adverse variations in meteorology or continental U.S. (not including the daily Federal Reference Method emissions. These projected maintenance California) is 50 μg/m3, which is well (FRM) samples by quarter, averaging sites are the ones that EPA has used to below the level of the 1997 24-hour 3 20 these quarterly averages to obtain an determine if emissions from New PM2.5 NAAQS of 65 μg/m . Therefore, annual average, and then averaging the Mexico sources potentially interfere outside of California, there are no areas three annual averages to get the design with maintenance of the 1997 8-hour that we would expect to have difficulty value. The 2006 24-hour PM2.5 NAAQS ozone NAAQS and 1997 annual PM2.5 in maintaining the 1997 24-hour PM2.5 is met when the 3-year average of the NAAQS in other states in this action. NAAQS. We address the potential for annual 98th percentile PM2.5 From the modeling analyses interference with maintenance in μ 3 concentrations is 35 g/m or less. The conducted for the Transport Rule California for the 1997 24-hour PM2.5 1997 24-hour PM2.5 NAAQS is met Proposal, EPA identified the following NAAQS later in this notice. when the 3-year average of the annual maintenance sites or receptors for the EPA has evaluated available analyses 98th percentiles is 65 μg/m3 or less. The 1997 8-hour ozone NAAQS: Several and conducted additional analyses for 3-year average mean 98th percentile sites in the Dallas-Ft.Worth (DFW) area; each of these identified maintenance concentration is computed at each site several sites in the Houston/Galveston/ sites that may be potentially impacted by averaging the 3 individual annual Brazoria (Houston) area; and other more by emissions from sources in New 98th percentile values at each site. The distant sites in Georgia, Pennsylvania, Mexico. Using the same proposed 3-year average 98th percentile New York and Connecticut.17 For concentration is referred to as the 24- assessing New Mexico’s potential for 18 The Transport Rule Proposal identifies hour average design value. In this impacts on maintenance receptors, the nonattainment and maintenance receptors in the action, EPA is only evaluating whether DFW and Houston areas seem to have Eastern U.S. It does not include modeling results for the West. The Timin Memo documents further New Mexico’s emissions impact other the highest probability of potential evaluation of the 2012 modeling to identify states’ ability to maintain the 1997 nonattainment and maintenance receptors in the annual and 24-hour PM2.5 NAAQS and 15 See, the Transport Rule Proposal at 75 FR West. the 1997 8-hour ozone NAAQS, because 45210 (August 2, 2010). 19 Id., EPA did not calculate model projections for 16 those are the NAAQS at issue in this Additional information concerning these the 24-hour PM2.5 NAAQS in the 36km modeling weighted averages is provided in the docket in the domain. section 110(a)(2)(D) SIP submission. In Timin Memo. 20 Data undergoing review from EPA’s Air Quality later actions, the state and EPA will 17 Transport Rule Proposal, 75 FR 45210, (August System which is EPA’s repository of ambient air evaluate the impacts of interstate 2, 2010), pages 45253–45270, and Timin Memo. quality data. (http://www.epa.gov/ttn/airs/airsaqs/).

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screening thresholds for analyzing a submitted as part of their Regional Haze throughout the modeling domain due to state’s impacts on another state’s State Implementation Plan submittals fleet turnover and other measures to maintenance sites that are used in the and is currently being reviewed by EPA. reduce air pollution between 2002 and Transport Rule Proposal, we have EPA’s source apportionment CENRAP 2010 that would result in lower overall determined that emissions from New modeling for the 8-hour ozone NAAQS pollution levels if taken into account. Mexico do not have a large enough was conducted in 2006 to help provide EPA believes that using the existing impact on any of these identified New Mexico and other states with a CENRAP analysis provides a maintenance sites to interfere with technical analysis for the 110(a)(2)(D) conservative basis for concluding that maintenance.21 For the reasons SIP submissions. emissions from New Mexico do not discussed below, EPA has determined As discussed above, the CENRAP have a substantial impact at 1997 8-hour that emissions from New Mexico do not modeling evaluated New Mexico’s ozone NAAQS maintenance receptors interfere with maintenance of these impact based on emission and outside the state. NAAQS in any other state. meteorological conditions in 2002. For In addition, EPA has reviewed other the reasons discussed below, EPA available information concerning the Ozone Interfere With Maintenance believes that this modeling is in fact a cause of higher ozone concentration Evaluation more conservative approach to evaluate levels in the DFW and Houston areas, EPA evaluated whether emissions the potential for impacts on other states and this further confirms that when from sources in New Mexico could since it uses a 2002 inventory rather these two areas experience elevated interfere with maintenance of the 1997 than a 2010 or 2012 emission inventory. ozone levels, the meteorological 8-hour ozone NAAQS in other states by The 2002 analysis would include more patterns only rarely trace the origins of considering the potential impacts of emissions within the modeling domain these air masses to the New Mexico such sources on projected maintenance because of decrease in emissions after area.23 Because available evidence sites in California, Texas, and points 2002 due to federal measures (such as indicates that New Mexico emissions much further to the east. As discussed fleet turnover and cleaner vehicles) and are not impacting ozone levels in the in more detail in the Technical Support local reductions in DFW, Houston, and DFW and Houston areas to a degree that Document (TSD) for this action, EPA other parts of the modeling grid. constitutes interference with concluded that such impacts were most As mentioned previously, the maintenance, it is improbable that New likely to be from New Mexico sources to evaluation was based on an earlier Mexico emissions would have such the Houston and DFW areas and that version of the model. Source impacts at other identified maintenance even those impacts are very small and apportionment results are not available sites much farther to the east. EPA below the level EPA considered the for the final version of the model. If believes that the only other identified initial threshold for further evaluation results were available, we do not expect maintenance sites for 1997 8-hour ozone in the Transport Rule Proposal. them to be significantly different than NAAQS that might be impacted by New EPA did not separately determine the the earlier version and any differences Mexico sources are in southern and impacts of New Mexico’s emissions on would be more than offset by the central California. As further discussed other States as part of the Transport conservative nature of using the 2002 in the TSD for this notice, however, EPA Rule Proposal analysis because New emissions. has concluded that the meteorological Mexico was partially outside the 12 EPA analyzed source apportionment patterns (e.g., prevailing winds and kilometer grid. Other modeling was modeling with the 2002 based CENRAP meteorology that occur when ozone available to evaluate the impact of New modeling and concluded that maximum exceedances occur) do not transport Mexico’s emissions on the 8-hour ozone impacts from the emissions of New emissions from New Mexico to maintenance sites that EPA identified in Mexico sources would be 0.2% of the California when California has elevated the Houston and DFW areas. EPA has NAAQS in the Dallas/Ft. Worth area ozone levels, and that the relatively long conducted a modeling estimate of and 0.4% of the NAAQS in the Houston distance and the intervening impacts from New Mexico’s emissions area, which are less than the one mountainous topography further using the Central Regional Air Planning percent of the NAAQS screening support this conclusion. Association (CENRAP) modeling of threshold (0.8 parts per billion) which 2002 emissions and meteorology.22 The EPA used in the Transport Rule PM2.5 Interfere With Maintenance CENRAP modeling that EPA utilized Proposal to identify states for further Evaluation was an earlier version of the CENRAP analysis and the threshold that we are EPA evaluated whether emissions modeling that a number of states proposing for our determination. The from sources in New Mexico could methodology EPA used in the Transport interfere with maintenance in other 21 Transport Rule Proposal, 75 FR 45210 (August Rule Proposal to determine if a state’s states by considering the potential 2, 2010), pages 45253–45270. The Transport Rule emissions exceeded the one percent of Proposal included proposed screening thresholds, impacts of such sources on projected using 1% of the NAAQS, for determining if a State the NAAQS considered the average maintenance receptors in Illinois, should be evaluated for emission reductions from impact of a state on a downwind California, and Texas. As discussed in the Transport Rule. The proposed thresholds were monitoring site in another state. μ 3 more detail in the TSD for this action, 0.15 g/m or more contribution to annual PM2.5, Comparing the maximum impacts μ 3 EPA concluded that such impacts were 0.35 g/m or more contribution to the 1997 24- shown by the CENRAP modeling to the hour PM2.5 NAAQS, and 0.8 ppb or more most likely to be from New Mexico contribution to the 1997 8-hour ozone NAAQS for Transport Rule Proposal screening sources to the Houston area, and that States which contribute to nonattainment or threshold is a conservative approach, those impacts are shown to be very maintenance sites in another state. In this notice, because the average impact over all we are using the same 1% contribution thresholds small. 3 exceedance days at sites in DFW or in this notice of 0.15 μg/m for the annual PM2.5 For the 1997 annual PM2.5 NAAQS NAAQS, 0.8 ppb or more for the 1997 8-hour ozone Houston would be lower. Furthermore, site located in the Chicago area, NAAQS. We are proposing a similar 1% threshold EPA considers the CENRAP modeling μ 3 previous EPA modeling developed for of 0.65 g/m or more for the 1997 24-hour PM2.5 analysis conservative because it relies NAAQS. the 2004 CAIR proposal indicated that 22 Appendix G of New Mexico’s SIP submittal for on 2002 emission inventory levels, 110(a)(2)(d)(i), ‘‘110(a)(2)(d)(i) Modeling Technical whereas additional emission reductions 23 Further details are included in the Modeling Support Document’’. have occurred in New Mexico and TSD Memorandum for this notice.

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impacts from New Mexico’s emissions and the distance from Albuquerque to Mexico impact Houston to a degree to was 0.02 μg/m3,24 which is well below Houston is about 750 miles, which is raise a concern for purposes of the 1997 the one percent of the NAAQS (i.e., about 81.5% of the distance from PM2.5 NAAQS. These analyses indicate (0.15 μg/m3)) threshold that EPA has Albuquerque to St. Louis.25 Even if one that meteorological patterns are proposed as the initial threshold for conservatively assumed that New transporting air masses from other interference with maintenance in the Mexico emissions had twice the impact directions (i.e., not from the direction of Transport Rule Proposal for the 1997 on Houston that EPA determined they New Mexico) when Houston area sites annual PM2.5 NAAQS. The CAIR do on St Louis due to the shorter are monitoring elevated PM2.5 levels that proposal modeling used a 2010 future transport distances, New Mexico’s have the greatest impact on the annual year assessment versus the 2012 year impact on Houston would still be DV.26 As discussed further in the TSD, used in the Transport Rule Proposal, but significantly below the 1% of the distance between the emission sources EPA believes that the emissions would NAAQS threshold in the Transport and the maintenance receptors and be similar and that the 2010 analysis Proposal. Given that the difference in meteorological patterns during times of would actually have included somewhat distances is only 18.5%, this is a elevated pollution levels in Chicago and more emissions within the modeling conservative analysis that would Houston also support the conclusion domain because it included two fewer indicate no significant impacts would that New Mexico’s emissions do not years of reductions from federal be expected from New Mexico on sites interfere with maintenance of the measures (e.g., fleet turnover). In in Houston, Texas. NAAQS in these areas. In summary, summary, the results of analysis using Also, the relative amounts of considering the available evidence, EPA 2010 would be expected to be similar to emissions in New Mexico, when concludes that New Mexico’s emissions but slightly more conservative than compared to the emissions in Texas, do not interfere with maintenance of the would be expected for 2012. Therefore, support the conclusion that New 1997 PM2.5 NAAQS in Houston area. we believe the 2004 CAIR modeling Mexico emissions do not interfere with EPA also reviewed the potential for adequately demonstrates that New maintenance in areas in Texas. Using emissions from New Mexico sources to Mexico’s emissions do not interfere databases developed in connection with impact other areas with identified with maintenance in the Chicago area. the Regional Haze (RH) program and maintenance sites. The other such areas EPA did not separately calculate the submitted with the RH SIPs, the Texas are located in California. As further impact of New Mexico’s emissions on emissions of SO2 are approximately 18 discussed in the TSD, EPA concludes the Houston area as part of the CAIR times larger than New Mexico’s, the that New Mexico sources are unlikely to modeling or in the Transport Rule NOX emissions are approximately 5 have such impacts given the geographic Proposal modeling, but EPA believes times greater than New Mexico’s, the location of these areas and the that one can infer from New Mexico’s fine particulate matter emissions are 12 meteorological patterns that prevail in extremely small impact on other areas times greater than New Mexico’s and the western United States. With respect that New Mexico’s impact on the the coarse particulate matter is 5.6 times to the 1997 PM2.5 24-hour standard of 65 Houston area would also be less than greater than New Mexico’s emissions. μg/m3, the other identified maintenance one percent of the NAAQS. The only The Transport Rule Proposal modeling sites that New Mexico sources might modeling available that provided source information also includes emission impact are located in California. EPA apportionment for annual PM2.5 values summaries that indicate that Texas’s has evaluated conceptual model is the CAIR proposal modeling. The emissions are 1,338,429 tpy of NOX and documents and field study reports that CAIR source apportionment results that 639,505 tpy of SO2 whereas New indicate that transport patterns when would be expected to most closely Mexico’s emissions are 240,892 tpy of elevated PM2.5 occurs in areas of match Houston from a transport NOX and 24,930 tpy of SO2. Both sets California, the meteorological patterns phenomena perspective are the results of data indicate that New Mexico’s are not such that transport of emissions for potential impacts on St. Louis. St. emissions are much lower than Texas’s from New Mexico to California is Louis is helpful for comparison because, emissions of PM2.5 precursors. occurring to a degree to raise a 27 while not the same direction from New Moreover, most of the sources of PM2.5 concern. EPA believes that it is rare Mexico it is the closest area evaluated precursor emissions in Texas are much for meteorological patterns to occur that in the CAIR proposal modeling that is closer to the maintenance receptor in would transport emissions from New to the east (in the same general transport Houston, and therefore less dispersion Mexico sources in such a way that they direction) and at a similar distance from of the pollutants occurs, so Texas’s own would impact California’s pollution New Mexico as Houston. levels, and that the relatively long PM2.5 and PM2.5 precursors will have a For the St. Louis area, the CAIR distance and the intervening much larger impact on PM2.5 levels in proposal modeling indicated that a Houston. mountainous topography further maximum impact from New Mexico’s In addition, the Texas Commission on support that transport of emissions from μ 3 emissions of 0.02 g/m , which is well Environmental Quality (TCEQ) and New Mexico is unlikely. Therefore, below the 1% of the NAAQS screening several researchers have conducted 26 threshold. The majority of the emissions research into the likely causes of ‘‘Source Apportionment for PM2.5 at Houston of PM2.5 and PM2.5 precursors from New Clinton Drive’’, David W. Sullivan, as The elevated annual and 24-hour PM2.5 Mexico sources emanate from either the University of Texas at Austin Center for Energy & monitoring values in the Houston area. Environmental Research and Richard Tropp, Albuquerque area or from points father TCEQ and the researcher’s analyses do University of Nevada Reno Desert Research west, so it is a useful point from which not indicate that emissions from New Institute, TEXAQS II Workshop May 29, 2007 and to evaluate the relative distances, The TCEQ Fact Sheet ‘‘Harris County/Clinton Drive 1997 Annual Fine Particulate Matter (PM2.5)’’ November distance from Albuquerque to St. Louis, 25 TSD. EPA believes that such a comparison is 2009. Missouri is approximately 920 miles instructive because the majority of relevant New 27 ‘‘Historical Meteorological Analysis in Support Mexico emissions occur from sources or activities of the 2003 San Joaquin Valley PM10 State 24 EPA’s ‘‘Technical Support Document for the located in the Albuquerque metropolitan area, or in Implementation Plan’’, Shawn R. Ferreria, Air Interstate Air Quality Rule Air Quality Modeling areas further to the west. Even if measured from the Quality Meteorologist/Atmospheric Scientist And Analyses Appendix H, PM2.5 Contributions to New Mexico state border to St. Louis and Houston, Evan M. Shipp, Supervising Air Quality Downwind Nonattainment Counties in 2010’’, however, the proportional impact would Meteorologist San Joaquin Valley Air Pollution January 2004. presumably be comparable. Control District January 24, 2005.

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available information indicates that Implementation of the PM2.5 NAAQS in 20.2.74.503 NMAC, Table 3 meets the emissions from sources in New Mexico a July 23, 2010 letter to EPA. In the federal requirement for ambient air do not impact areas of concern in letter NMED stated that: (1) It does not impact analysis for ozone precursors California to the degree that would use PM10 as a surrogate for PM2.5 in its under the footnote for 40 CFR interfere with maintenance of the 1997 permitting programs, (2) it requires that 166(i)(5)(i)(e). Thus, EPA is proposing NAAQS in those areas. applicants include PM2.5 modeling and approval of these revisions as meeting emissions in their PSD and minor b. Interference With PSD Measures in the requirements of CAA section 110 source permit applications, and (3) the Other States and 40 CFR 51.166 for establishing NOX record for the Department’s permitting emissions as a precursor for ozone. The third element of section decision includes an explanation of how The State’s SIP submittal also 110(a)(2)(D)(i) requires a SIP to contain PM2.5 emissions have been contains revisions to Parts 20.2.2 adequate provisions prohibiting appropriately analyzed and estimated. NMAC, Definitions; and 20.2.79 NMAC, emissions that interfere with any other The NMED letter is included in the Permits—Nonattainment areas. These state’s required measures to prevent electronic docket for this action. two submitted revisions are severable significant deterioration of its air Because of clarifications to EPA from each other, are severable from the quality. EPA’s 2006 Guidance made guidance, EPA believes that New submitted revisions to 20.2.74 NMAC recommendations for SIP submissions Mexico’s approach is appropriate. discussed above, and are severable from to meet this requirement with respect to On the basis of the data and analysis the Transport SIP requirements both the 1997 8-hour ozone NAAQS and presented above, EPA is proposing to addressed in this proposed action. The the 1997 PM2.5 NAAQS. determine that the New Mexico SIP as EPA is still reviewing the approvability EPA believes that New Mexico’s revised with respect to PSD program of the submitted revisions to Parts submission is consistent with the 2006 requirements, satisfactorily addresses 20.2.2 NMAC and 20.2.79 NMAC; Guidance, when considered in the requirements of elements (2) and therefore, we are not proposing to take conjunction with other PSD program (3) of section 110(a)(2)(D)(i) for the 1997 action on those revisions in this revisions that EPA is proposing to 8-hour ozone NAAQS and 1997 PM2.5 proposed rulemaking. We intend to act approve in this action. The State’s NAAQS. on those revisions in a future submittal indicates in Section C, ‘‘Impact on Prevention of Significant C. New Mexico PSD SIP rulemaking. EPA wishes to note that it approved New Mexico’s Nonattainment Deterioration (PSD),’’ that the State’s SIP The New Mexico Environment provisions include an EPA-approved New Source Review SIP on February 8, Department (NMED) made a SIP 2002 (67 FR 6147). In that same action, PSD program applicable to all regulated submission to meet requirements of the EPA approved the NO waiver for the pollutants. New Mexico’s regulations for 8-hour ozone NAAQS by incorporating X Sunland Park 1-hour ozone its PSD program were approved by EPA NO X as a precursor for ozone. The nonattainment area. and made part of the SIP on February submitted PSD SIP revisions adding 27, 1987 (52 FR 5694) at 52.1620/ NOX as a precursor for ozone include V. Statutory and Executive Order 52.1640(c)(37), effective March 30, 1987. the following: Reviews On September 5, 2007, EPA approved • The definition of ‘‘Major stationary Under the Clean Air Act, the the New Mexico’s PSD revisions source’’ states that a major source that is Administrator is required to approve a incorporating EPA’s December 31, 2002, major for NO is considered major for X SIP submission that complies with the NSR Reforms into the State’s regulations ozone (20.2.74.7.AF.(4) NMAC); (72 FR 50879), which also recognized • The definition of ‘‘Regulated new provisions of the Act and applicable volatile organic compounds as a source review pollutant’’ specifically federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP precursor for ozone. identifies NOX as an ozone precursor Consistent with EPA’s November 29, (20.2.74.7.AR.(1) NMAC); submissions, EPA’s role is to approve 2005, Phase 2 rule for the 1997 8-hour • When referring to a net emissions state choices, provided that they meet ozone NAAQS (70 FR 71612), the State increase or potential to emit, a rate of the criteria of the Clean Air Act. submitted a SIP revision to modify its emissions that equals or exceeds 40 tons Accordingly, this action merely proposes to approve state law as PSD provisions to address NOX as an per year of NOX is significant ozone precursor (20.2.74 NMAC). These (20.2.74.502 NMAC, Table 2, Significant meeting federal requirements and does revisions are further discussed below. Emission Rates); and not impose additional requirements EPA believes that the PSD revision for • Any net emissions increase of 100 beyond those imposed by state law. For the 1997 8-hour ozone NAAQS that tons per year of NO subject to PSD that reason, this action: X • make NOX a precursor for ozone for PSD would require an ambient impact Is not a ‘‘significant regulatory purposes, taken together with the PSD analysis, including the gathering of action’’ subject to review by the Office SIP and the interstate transport SIP, ambient air quality data (20.2.74.503 of Management and Budget under satisfies the requirements of the third NMAC, Table 3, Footnote b). Executive Order 12866 (58 FR 51735, element of section 110(a)(2)(D)(i) for the For the 8-hour ozone NAAQS, the October 4, 1993); 1997 8-hour ozone NAAQS, i.e., there revision to 20.2.74.7.AF meets the • Does not impose an information will be no interference with any other federal definition in 40 CFR 51.166(b)(1) collection burden under the provisions state’s required PSD measures. to identify a major source of nitrogen of the Paperwork Reduction Act (44 For the PM2.5 NAAQS, New Mexico oxides as a major source for ozone. The U.S.C. 3501 et seq.); stated in its section 110(a)(2)(D)(i) revision to 20.2.74.7.AR NMAC meets • Is certified as not having a submission that the State would follow the federal definition in 40 CFR significant economic impact on a EPA’s interim guidance on use of PM10 51.166(b)(49) for NOX as an ozone substantial number of small entities as a surrogate for PM2.5 as recommended precursor. The revision to 20.2.74.502 under the Regulatory Flexibility Act (5 in the 2006 Guidance. The New Mexico NMAC Table 2 meets the federal U.S.C. 601 et seq.); Environment Department (NMED) requirement for significant emission rate • Does not contain any unfunded clarified its interpretation of the New for NOX emissions in 40 CFR mandate or significantly or uniquely Mexico Interstate Transport SIP for 51.166(b)(23)(i). The revision to affect small governments, as described

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in the Unfunded Mandates Reform Act demonstration State Implementation captured and included as part of the of 1995 (Pub. L. 104–4); Plan (SIP) and control strategy for the comment that is placed in the public • Does not have Federalism lead National Ambient Air Quality docket and made available on the implications as specified in Executive Standard (NAAQS) nonattainment area Internet. If you submit an electronic Order 13132 (64 FR 43255, August 10, of Herculaneum, Missouri. This comment, EPA recommends that you 1999); proposed action supplements the include your name and other contact • Is not an economically significant proposed conditional approval information in the body of your regulatory action based on health or published by EPA on October 8, 2008, comment and with any disk or CD–ROM safety risks subject to Executive Order and explains why EPA now believes full you submit. If EPA cannot read your 13045 (62 FR 19885, April 23, 1997); approval is appropriate. The applicable comment due to technical difficulties • Is not a significant regulatory action standard addressed in this action is the and cannot contact you for clarification, subject to Executive Order 13211 (66 FR lead NAAQS promulgated by EPA in EPA may not be able to consider your 28355, May 22, 2001); 1978. EPA believes that the SIP comment. Electronic files should avoid • Is not subject to requirements of submitted by the state satisfies the the use of special characters, any form Section 12(d) of the National applicable requirements of the Clean Air of encryption, and be free of any defects Technology Transfer and Advancement Act identified in EPA’s October 2008 or viruses. Act of 1995 (15 U.S.C. 272 note) because proposal, and demonstrates attainment Docket. All documents in the application of those requirements would of the 1.5 microgram per cubic meter electronic docket are listed in the be inconsistent with the Clean Air Act; (μg/m3) lead NAAQS in the www.regulations.gov index. Although and Herculaneum, Missouri area. This listed in the index, some information is • Does not provide EPA with the action does not address any obligations not publicly available, e.g., CBI or other discretionary authority to address, as which Missouri may have relative to the information whose disclosure is appropriate, disproportionate human revised lead NAAQS promulgated by restricted by statute. Certain other health or environmental effects, using EPA in 2008. material, such as copyrighted material, practicable and legally permissible DATES: Comments must be received on will be publicly available only in hard methods, under Executive Order 12898 or before September 27, 2010. copy. Publicly available docket (59 FR 7629, February 16, 1994). ADDRESSES: Submit your comments, materials are available either In addition, this proposed rule does identified by Docket ID No. EPA–R07– electronically in www.regulations.gov or not have tribal implications as specified OAR–2008–0538, by one of the in hard copy at the Environmental by Executive Order 13175 (65 FR 67249, following methods: Protection Agency, Air Planning and November 9, 2000), because the SIP is 1. www.regulations.gov: Follow the Development Branch, 901 North 5th not approved to apply in Indian country on-line instructions for submitting Street, Kansas City, Kansas. EPA located in the state, and EPA notes that comments. requests that you contact the person it will not impose substantial direct 2. E-mail: [email protected]. listed in the FOR FURTHER INFORMATION costs on tribal governments or preempt 3. Mail: Michael Jay, Environmental CONTACT section to schedule your tribal law. Protection Agency, Air Planning and inspection. The interested persons List of Subjects in 40 CFR Part 52 Development Branch, 901 North 5th wanting to examine these documents Street, Kansas City, Kansas 66101. Environmental protection, Air should make an appointment with the 4. Hand Delivery or Courier: Deliver office at least 24 hours in advance. pollution control, Incorporation by your comments to: Michael Jay, reference, Intergovernmental relations, Environmental Protection Agency, Air FOR FURTHER INFORMATION CONTACT: Ozone, Particulate matter, Reporting Planning and Development Branch, 901 Michael Jay at (913) 551–7460, or e-mail and recordkeeping requirements, North 5th Street, Kansas City, Kansas him at [email protected]. Volatile organic compounds. 66101. SUPPLEMENTARY INFORMATION: Authority: 42 U.S.C. 7401 et seq. Instructions: Direct your comments to Throughout this document ‘‘we,’’ ‘‘us,’’ or Dated: August 20, 2010. Docket ID No. EPA–R07–OAR–2008– ‘‘our’’ refer to EPA. Samuel Coleman, 0538. EPA’s policy is that all comments received will be included in the public Table of Contents Acting Regional Administrator, Region 6. docket without change and may be I. Background [FR Doc. 2010–21384 Filed 8–26–10; 8:45 am] made available online at BILLING CODE 6560–50–P A. The SIP Process www.regulations.gov, including any 1. What is a SIP? personal information provided, unless 2. What is the Federal approval process for ENVIRONMENTAL PROTECTION the comment includes information a SIP? AGENCY claimed to be Confidential Business 3. What does Federal approval of a state Information (CBI) or other information regulation mean to me? 40 CFR Part 52 whose disclosure is restricted by statute. B. Background for the Proposal Do not submit information that you II. Summary of the State Submittal [EPA–R07–OAR–2008–0538; FRL–9193–8] consider to be CBI or otherwise 1. Plant Ventilation Design protected through www.regulations.gov Approval and Promulgation of 2. Ventilation Study Objectives or e-mail. The www.regulations.gov Web Implementation Plans; State of 3. Ventilation Study Results site is an ‘‘anonymous access’’ system, Missouri 4. Ventilation Limits which means EPA will not know your 5. Ongoing Ventilation Testing and AGENCY: Environmental Protection identity or contact information unless Reporting Requirements Agency (EPA). you provide it in the body of your 6. Winter Construction Work Practices ACTION: Supplemental proposed rule. comment. If you send an e-mail Manual Modification comment directly to EPA without going 7. Enforceability SUMMARY: EPA proposes to grant full through www.regulations.gov, your III. Proposed Action approval of Missouri’s attainment e-mail address will be automatically IV. Statutory and Executive Order Reviews

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I. Background 3. What does Federal approval of a state The Herculaneum area was regulation mean to me? designated nonattainment for lead in A. The SIP Process 1991 (56 FR 56694, November 6, 1991, 1. What is a SIP? Enforcement of the state regulation codified at 40 CFR 81.326), pursuant to before and after it is incorporated into new authorities provided by the Clean Section 110 of the Clean Air Act (CAA the Federally-approved SIP is primarily Air Act Amendments of 1990. The state or Act) requires states to develop air a state responsibility. However, after the also became subject to new SIP pollution regulations and control regulation is Federally approved, EPA is requirements under part D, Title I of the strategies to ensure that state air quality authorized to take enforcement action Act, added by the 1990 amendments. A meets the national ambient air quality against violators. Citizens are also revised SIP meeting the part D standards established by EPA. These offered legal recourse to address requirements was subsequently ambient standards are established under violations as described in section 304 of submitted in 1994. The plan established section 109 of the CAA, and they the CAA. June 30, 1995, as the date by which the currently address six criteria pollutants. B. Background for the Proposal Herculaneum area was to attain These pollutants are: Carbon monoxide, compliance with the lead standard. nitrogen dioxide, ozone, lead, The Environmental Protection Agency However, the plan did not result in particulate matter, and sulfur dioxide. (EPA) established the National Ambient attainment of the standard and Each state must submit these Air Quality Standard (NAAQS) for lead monitored ambient air lead regulations and control strategies to us on October 5, 1978 (43 FR 46246). The concentrations in the Herculaneum area for approval and incorporation into the 1978 NAAQS for lead is set at a level continued to show exceedances of the μ Federally-enforceable SIP. Each of 1.5 micrograms ( g) of lead per cubic standard. Therefore, on August 15, Federally-approved SIP protects air meter (m3) of air, averaged over a 1997, after taking and responding to quality primarily by addressing air calendar quarter. The Herculaneum, public comments, EPA published a pollution at its point of origin. These Missouri area is designated notice in the Federal Register (62 FR SIPs can be extensive, containing state nonattainment for the 1978 lead 43647) finding that the Herculaneum regulations or other enforceable NAAQS. On November 12, 2008, EPA nonattainment area had failed to attain documents and supporting information revised the lead NAAQS (73 FR 66964), the lead standard by the June 30, 1995, μ 3 such as emission inventories, lowering the level to 0.15 g/m deadline. monitoring networks, and modeling calculated over a three-month rolling On January 10, 2001, Missouri demonstrations. average. Missouri is required to bring submitted a revised SIP to EPA for the any nonattainment areas into attainment 2. What is the Federal approval process Herculaneum area. The SIP contained of the 2008 lead NAAQS according to for a SIP? control measures to reduce lead the timeline established in the Clean Air emissions to attain the standard, In order for state regulations to be Act and in the November 12, 2008 final including building enclosure and incorporated into the Federally- rulemaking. The final rulemaking also ventilation projects, implementation of μ 3 enforceable SIP, states must formally specifies that the 1.5 g/m standard work practice standards, process adopt the regulations and control will not be revoked for any current throughput restrictions and hours of strategies consistent with state and nonattainment area until the affected operation limitations. As required by Federal requirements. This process area submits, and EPA approves, an section 172(c)(9) of the Act, the plan generally includes a public notice, attainment demonstration which also included contingency measures to public hearing, public comment period, addresses the attainment of the new be implemented in the event that there μ 3 and a formal adoption by a state- 0.15 g/m Pb NAAQS. EPA has not yet were future exceedances of the lead authorized rulemaking body. designated areas with respect to the standard in Herculaneum. These Once a state rule, regulation, or 2008 NAAQS. consisted of additional building control strategy is adopted, the state This rulemaking proposes approval of enclosures and process controls, and a submits it to EPA for inclusion into the the Missouri SIP to bring the production curtailment measure. A 2000 Federally-approved SIP. We must Herculaneum area into attainment of the Work Practices Manual, 2001 Consent provide public notice and seek 1.5 μg/m3 NAAQS. However, although Judgment, and Missouri rule 10 CSR 10– additional public comment regarding EPA believes this SIP is directionally 6.120 ‘‘Restriction of Emissions of Lead the proposed Federal action on the state correct in terms of achieving reductions from Specific Lead Smelter-Refinery submission. If adverse comments are in lead emissions, this proposed action Installations’’ were also included as part received, they must be addressed prior does not address any future obligation of the SIP submittal. The SIP established to any final Federal action by EPA. of the state to address the revised August 14, 2002, as the attainment date All state regulations and supporting standard. for the area. The plan included information approved by EPA under During the 1980s and 1990s, Missouri permitting, monitoring, and reporting section 110 of the CAA are incorporated submitted and EPA approved a number requirements, an emissions inventory, into the Federally-approved SIP. of SIP revisions for lead to address implementation of all reasonably Records of such SIP actions are ambient lead concentrations in various available control measures as maintained in the Code of Federal areas of the state. One such area was expeditiously as practicable, provided Regulations (CFR) at Title 40, Part 52, Herculaneum, Missouri, where a for attainment of the NAAQS as entitled Approval and Promulgation of primary lead smelter has been in demonstrated using modeling, Implementation Plans. The actual state operation since 1892. The primary lead provisions for reasonable further regulations which are approved are not smelter is currently owned and operated progress and implementation of reproduced in their entirety in the CFR by the Doe Run Resources Company contingency measures, and assurances outright but are incorporated by (hereafter referred to as ‘‘Doe Run’’). Doe that the state would be able to reference, which means that EPA has Run-Herculaneum is the only currently implement the plan, thereby satisfying approved a given state regulation with operating primary lead smelter in the the CAA section 172(c) nonattainment a specific effective date. United States. plan provision requirements. EPA

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approved the SIP on April 16, 2002 (67 reasonable deadline for correcting the approve the SIP was due to the lack of FR 18497). deficiencies, but the date can be no later enforceable conditions associated with Doe Run and the Missouri Department than 18 months after the state is notified one of the control measures. It provided of Natural Resources (MDNR) operate of the finding. Based on a number of a process to establish ventilation co-located monitors at the Main Street/ considerations detailed in the final rule, requirements, but MDNR had not yet City Hall monitoring location, and in the SIP call required submission of the specified these requirements. The several other lead monitoring locations revisions within twelve months ventilation study and resulting in the nonattainment area. These following date of signature of the final enforceable conditions and reduction in monitors are used to show whether or rulemaking. building fugitive emissions are not the area is in attainment of the Along with a deadline for SIP significant elements of the proposed standard. Following the August 2002 submittal by the state to EPA, the final control strategy, and these projected attainment date, the Herculaneum area SIP call established the date by which emissions reductions contribute monitored attainment of the lead the state must demonstrate attainment significantly to the control strategy standard for 10 consecutive calendar of the standard in Herculaneum. modeling showing attainment. EPA did quarters. In 2005, air quality monitors in Sections 110(k)(5) and 172(d) of the Act not believe it was appropriate to give the area again reported exceedances of provide that EPA may adjust any SIP full approval to the SIP until the the 1.5 μg/m3 lead NAAQS in the first deadlines that are applicable under the ventilation study and associated two calendar quarters in 2005. Act, except that the attainment date may enforceable conditions were submitted Monitored values are quality assured by not be adjusted unless it has elapsed. by the state, reviewed by EPA, and MDNR and properly entered into the Air For Herculaneum, the attainment date made available for public comment. Quality System, EPA’s repository for had been August 2002 (five years after EPA proposed conditional approval of ambient air monitoring data. The values the state was notified that the area failed the SIP as it provided substantial for the first two quarters of 2005 exceed to attain). The attainment date had progress toward improving air quality, the 1.5 μg/m3 lead standard and, elapsed, and the area was not attaining and the state asserted that it would therefore, constitute violations of the the standard. The attainment date could adopt and submit the missing elements standard for each quarter. therefore be adjusted pursuant to to EPA no later than one year following In accordance with the plan approved section 110(k)(5) and section 172(d) of any EPA approval of the plan. in 2002, a violation would trigger the Act, and the state was required to In the proposed conditional approval implementation of a contingency provide a plan for attainment as notice, EPA indicated that if Missouri measure. The first set of contingency expeditiously as practicable. Based on submitted adequate ventilation control measures, consisting of additional information described in the final SIP provisions prior to EPA taking final building enclosures and process call rule, EPA established an attainment action on the proposed conditional controls, was fully implemented by Doe date of April 7, 2008, two years from the approval, EPA would publish a Run prior to any monitored exceedances date of signature of the final rulemaking. supplemental proposed rule relating to of the lead NAAQS. The second MDNR formally commented in support those provisions, which might include a contingency measure, a production of the timelines contained in the SIP proposal to fully approve the SIP curtailment, was implemented call, including the SIP submittal revision. EPA received the SIP revision following exceedance of the lead deadline and attainment date. addressing ventilation controls on standard in the first and second EPA required MDNR to submit several September 3, 2009, following adoption calendar quarters of 2005. Despite specific plan elements to EPA in order by the Missouri Air Conservation implementation of all contingency to correct the inadequacy of the SIP. Commission on July 29, 2009. EPA measures, air monitors in Herculaneum These specific elements were: (1) A believes that the SIP revision contains recorded values above the 1.5 μg/m3 revised emissions inventory, (2) a enforceable ventilation conditions to lead standard in the third quarter of modeling demonstration showing what ensure adequate building particle 2005. reductions would be needed to bring the capture. Our technical review of the Because the exceedance recorded in area back into attainment of the lead submission is detailed below. With the the third quarter of 2005 occurred NAAQS, (3) adoption of measures to addition of this September 3, 2009 SIP despite implementation of all the achieve the reductions determined supplemental revision, EPA proposes control measures contained in the SIP, necessary by the modeled attainment full approval of Missouri’s SIP to bring including all contingency measures demonstration, with enforceable Herculaneum into attainment of the 1.5 developed and implemented to address schedules for implementing the μg/m3 lead NAAQS. exceedances, EPA proposed a SIP call measures as expeditiously as Since the SIP call was issued in April on December 19, 2005 (70 FR 75093). practicable, and (4) contingency 2006, Herculaneum air monitors have The SIP call proposed to find the SIP measures meeting the requirements of recorded additional exceedances of the substantially inadequate to attain and Section 172(c)(9) of the CAA. quarterly lead NAAQS. In total, since maintain the NAAQS for lead and MDNR completed its revision to the the third calendar quarter of 2002, proposed to require the state to revise SIP, and on April 26, 2007, the Missouri exceedances have occurred in the first, the lead SIP for Herculaneum. Air Conservation Commission approved second, and third quarters of 2005; first, EPA finalized the SIP call on April 14, the SIP revision after completing the third, and fourth quarters of 2006; 2006 (71 FR 19432). The SIP call required public notification, public second and third quarters of 2007; and notified the state of EPA’s finding that hearing and comment period. On May the first quarter of 2008. The SIP the SIP was substantially inadequate to 31, 2007, EPA received Missouri’s submittal establishes April 7, 2008, as provide for attainment and maintenance revised SIP for the Herculaneum area. the attainment date and requires of the lead NAAQS in Herculaneum, MDNR submitted supplemental implementation of all measures required and required the state to submit a information to EPA on March 19, 2008. for attainment by that date. Since the revised SIP. Section 110(k)(5) of the On October 8, 2008, EPA proposed first quarter of 2008, Herculaneum has CAA provides that after EPA makes a conditional approval of Missouri’s SIP not exceeded the 1.5 μg/m3 NAAQS. finding that a plan is substantially submission (see 73 FR 58913). EPA EPA received one set of comments on inadequate, it may establish a stated that the proposal to conditionally the proposed conditional approval. EPA

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will respond to this set of comments, as also requires adequate ventilation in portion of the sinter machine, where air well as any additional comments each of the process buildings under the is drawn across the sinter bed from the relating to this supplemental proposal, ventilation study element. The control bottom to the top, driving the thermal at the time EPA takes final action. In strategy modeling attributes a control reaction. The lead sulfide contained in this proposed action, EPA seeks efficiency to the overall building the feed is oxidized, producing lead comments on the state’s September 3, enclosure control measure, and this oxide and releasing sulfur dioxide. Off- 2009, submission, particularly on the control efficiency is included in all gasses from the sintering process are ventilation requirements, and on EPA’s attainment demonstration calculations. sent to a baghouse which removes supplemental proposal to fully approve EPA believes that the September 3, particulate matter. The off-gasses the state’s attainment demonstration 2009 supplemental SIP submittal continue on to the acid plant where and control strategy SIP for contains the necessary enforceable sulfur dioxide is recovered as sulfuric Herculaneum. EPA believes that it has conditions associated with the acid. The sinter machine produces a already provided adequate opportunity ventilation study to ensure that the continuous feed of sinter cake (also for comment on the other aspects of the ventilation-related control measures are called sinter roast) which is crushed and SIP submittal (the May 31, 2007, met. MDNR and Doe Run conducted a sorted by size. The larger pieces are submission) in its October 8, 2008, series of tests to ensure adequate inflow transported to the blast furnace or to proposed rulemaking. at specific ventilation rates. These rates temporary storage, while the undersized are proposed as enforceable conditions. pieces return to the mix room to await II. Summary of the State Submittal MDNR has also revised the Work reprocessing through the sinter The October 8, 2008, proposed Practices Manual to include additional machine. conditional approval (73 FR 58913) recordkeeping, compliance monitoring, Baghouses servicing the Mix Drum, contains extensive discussion on and corrective action requirements Crusher, Cooler, Cage Paktor, 76″ Missouri’s SIP submittal received to that associated with building ventilation. In Smooth Rolls, and conveyor CV22 point. The proposed action includes addition, MDNR has revised the Work capture and scrub air (remove particles) discussion on model selection, Practices Manual to include language to from specific parts of the sintering meteorological and emissions inventory minimize the occurrence of construction process. The #6 Baghouse scrubs the air input data, modeling results, control when temperatures are below 39 degrees that circulates within the Sinter strategy, contingency measures, and Fahrenheit. This should decrease Building itself. Flows from all seven of enforceability, among other elements. construction when the plant watering these units combine to be released out For information on these elements, system, a control measure to decrease of the main stack. This combined flow please refer to the October 8, 2008 in-plant road dust, cannot be operated. is termed the Sinter Plant Combination Federal Register (73 FR 58913) and The supplemental SIP includes Work Trail. Within the Sinter Building the associated docket. Practices Manual revision language sinter machine wheel tunnel also has its The September 3, 2009 SIP revision (Attachment E in the docket), as well as own dedicated ventilation system. This supplements the May 2007 SIP, and a new Consent Judgment attachment system prevents hot gases containing meets the last outstanding requirements (Attachment M in the docket). The lead particles from escaping out the of the 2007 Consent Judgment. The submittal of the Work Practices Manual sides of the conveyor while the sinter Consent Judgment contains control language as part of the supplemental SIP feed is processed through the sinter requirements, associated constitutes an official revision to the machine. Air captured by the sinter implementation schedules, and Work Practices Manual. These revisions machine wheel tunnel ventilation contingency measures, and is included will be enforceable by EPA if approved system is sent to the #3 Baghouse for as an enforceable document under the into the SIP. scrubbing. Air is also pulled from the SIP. One of the Consent Judgment top of the conveyor into the #3 1. Plant Ventilation Design controls requires Doe Run to execute a Baghouse. After being treated in the ventilation study for the Sinter The smelter at Herculaneum has three Acid Plant, off-gases from the sinter Building, Blast Furnace Building, and process buildings: The Sinter Building, machine join the stream of scrubbed air Refinery Building. Building openings, the Blast Furnace Building, and the emerging from the #3 Baghouse. This ventilation sources with either Refinery Building. Each building entire stream is then sent through the continuous or varying rates of operation, contains ventilation for specific process main stack. See ‘‘Sinter Building and a procedure for measuring inflow units as well as baghouses that service Ventilation Diagram’’ in the docket for a into the buildings must be identified the overall buildings. visual depiction of this ventilation within the study. The study must also The Sinter Building contains a system. include enforceable conditions number of baghouses and process After processing through the Sinter developed to ensure that particles ventilation systems. Once concentrate is Building, sinter cake is smelted in Doe emitted within the process buildings are delivered from the mines and mills to Run-Herculaneum’s two blast furnaces. being appropriately captured by the the smelter, the concentrate is processed The sinter cake is mixed with coke and ventilation systems. through the sinter plant. The other feed materials and transferred to The ventilation study works together concentrate is mixed and crushed with the top of a furnace. Air feeds through with door closure and building siding other feedstock materials such as silica, the bottom of the furnace, resulting in inspection requirements to achieve an iron ore, and limestone fluxes. Recycled coke combustion. The coke combustion overall objective, or control measure, of process material such as returned sinter, heats the sinter cake to approximately effective building enclosure. By blast furnace slag, and baghouse fume 3,000 degrees Fahrenheit and produces minimizing building openings and may also be added to this mixture to carbon monoxide. The carbon monoxide ensuring adequate ventilation, the produce the sinter feed. A thin layer of reacts with lead and other metal oxides buildings will be operated and sinter feed enters the sinter machine to produce molten lead, waste slag, and maintained in such a fashion as to and is ignited by a series of natural gas carbon dioxide. The lead bullion settles minimize fugitive emissions from the burners. A main sinter feed layer is then to the bottom of the furnace, where it is buildings. The SIP requires this overall laid on top of this ignition layer. This tapped into holding pots and transferred building enclosure control measure, and layered sinter bed enters the updraft to the drossing area for further refining.

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The slag (a sand-like byproduct with ventilation systems within each process out of the buildings when the doors small amounts of lead, copper, zinc, and building are sufficient to adequately were open, Doe Run tested at each other materials) floats to the top of the capture particles released within the doorway. Inflow testing was conducted furnace, is tapped off and either process buildings. Also, the ventilation in accordance with the Standard recycled into the sinter feed or study identifies flow rate or fan Operating Procedure (SOP) for Building transported to the slag storage area at amperage requirements sufficient to Inflow Testing Utilizing Hand-Held the south end of the facility. minimize building fugitives. These flow Anemometers. (A copy of the SOP is Air pulled from the conveyor (CV) 10 rates and fan amperes must then be attached to the Attachment E, Work Grizzley, CV10, CV11, CV12, CV13, made enforceable. Practices Manual Revision document in CV14, the Scale Belt, Crow’s Nest, ‘‘D’’ In order to show the ventilation the docket.) Kettle, and Furnace Front is sent to the systems are adequate, Doe Run tested Doe Run undertook several flow #5 Baghouse. Air from the CV leg is sent inflow at all building openings. The face testing campaigns. Data from these to the #8 Baghouse for scrubbing, while velocity of 200 fpm has been identified campaigns are included in the docket air from the Blast Furnace feed floor as a critical velocity in the capture of (see Attachments C1–C3). Some doors goes to the #6 Baghouse. General air that particulates by the American Society of initially did not meet the 200 fpm circulates throughout the Blast Furnace Heating, Refrigeration, and Air- inflow requirement. Doe Run modified Building and is not captured by any Conditioning Engineers. EPA Method these doors by permanently sealing or process ventilation is sent to the #7 204, ‘‘Criteria For and Verification of a weather-stripping the doors to prevent Baghouse. (See ‘‘Blast Furnace Building Permanent or Temporary Total particles from escaping. Some doors that Ventilation Diagram’’ in the docket for a Enclosure,’’ also requires that ‘‘the were initially identified were found to visual depiction of this ventilation average facial velocity (FV) of air be inappropriate for an inflow test. For system.) through all natural draft openings example, doors such as B24 open to a After the blast furnace, molten lead (NDOs) shall be at least 3,600 m/hr (200 different, enclosed part of the building bullion is transferred to one of four large fpm). The direction of air flow through and not to the outside air (see drossing kettles where it is allowed to all NDO’s shall be into the enclosure.’’ ‘‘Summary of Sinter Building Door cool. As the bullion cools, copper, A face velocity of 200 fpm at all Inflows’’ and ‘‘Summary of Blast nickel, and other impurities are building openings is therefore used to Furnace and Refinery Building Door skimmed from the surface layer. Next, verify that ventilation is adequate to Inflows’’). The first floor of the mix room the decopperized lead is transferred to ensure particulates are not escaping out is part of the Sinter Plant first floor. A a series of natural gas-heated refining of building openings. Doe Run portion of the wall separating the first kettles where additional impurities are demonstrated that it achieves a 200 feet floor mix room from the Sinter Plant removed. per minute (fpm) inflow at all building first floor has been removed. This Kettles 1, 2, 3, 9, 10 and 11 have their openings when the ventilation systems allows the #6 Baghouse to pull in and own ventilation systems which capture are run at the proposed minimum flows. scrub air from the first floor of the mix emissions that may escape during the Before setting minimum flows, the room together with the rest of the Sinter heating, separation, and skimming critical ventilation points of interest Building’s general air. Unmodified first processes. Each kettle ventilation were identified. Doe Run’s process floor mix room doors would therefore be system feeds into the #8 Baghouse, building ventilation systems have many subject to the 200 fpm inflow where the air collected from the kettles components. To ensure adequate requirement. MDNR characterizes the is scrubbed for particulate. The air that building ventilation, Doe Run measured second floor of the mixing room as a circulates within the Refinery Building fans or groups of fans whose proper large settling chamber. Most second- itself is pulled into the #9 Baghouse for operation would provide sufficient draft floor mix room doors were not subject scrubbing before exiting out a stack. to achieve the required inflow. In some to inflow testing. Second floor mix room (See ‘‘Refinery Building Ventilation instances, Doe Run was able to directly doors are infrequently used; the door Diagram’’ in the docket for a visual measure ventilation flow rates. In these most commonly used is door S16, depiction of this ventilation system.) cases, a flow rate requirement was set which is the only connection between instead of a fan amperage requirement. the second floor mix room and the 2. Ventilation Study Objectives For the Sinter Building, the key points Sinter Plant Building (see Attachment J2 Under the 2007 Consent Judgment, of measurement are the sinter machine in the docket). The second floor mix Doe Run was required to conduct a wheel tunnel flow, #3 Baghouse flow room therefore does not use the Sinter ventilation study to establish just after it exits the #3 Baghouse (after Building’s ventilation, nor does it have enforceable flow rates and/or fan the flow from the Acid Plant joins the a ventilation system of its own. amperes to ensure adequate particle #3 Baghouse flow), the #6 Baghouse Therefore, door S16 will be subject to capture within the smelter’s process flow, and the Sinter Plant Combination inflow tests, to verify that air is flowing buildings. (See, Section 2.A.20 of the flow. For the Blast Furnace Building, into the Sinter Plant Building at 200 2007 Consent Judgment, included in the the #5 Baghouse, #6 Baghouse, #7 fpm or more. The remaining mix room docket.) Baghouse, and #8 Baghouse flows are doors S8–S15, S17 and S18 will not be As described in the October 8, 2008, critical. In the Refinery Building, the subject to inflow testing. See proposed conditional approval critical flows include the #8 Baghouse Attachment J1 in the docket for a Sinter rulemaking (73 FR 58913), data from and #9 Baghouse. Building door diagram. Herculaneum has shown that building During the final testing campaign, Doe fugitives (air that escapes out of the 3. Ventilation Study Results Run held the fan amperes and flow rates building without first being processed To identify building openings, Doe for the critical ventilation systems through a control device, such as a Run created a list of all doors, both man steady while measuring doorway baghouse) can significantly impact the doors (less than 35 square feet) and inflows. The final testing campaign for concentration of lead in ambient air in equipment doors (more than 35 square the Blast Furnace and Refinery Herculaneum. The objective of the feet). The doorways are identified in Buildings took place on March 26, 2009. ventilation study is to minimize Attachment J1, J2, and K of the docket. As shown in Attachment L in the docket building fugitives by ensuring the To ensure that particles are not escaping for this rulemaking, all doorways met

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the 200 fpm inflow requirement when Sinter Plant Combination Trail #3 Baghouse/Acid Plant trail, and the Baghouse #7 fan was at 210 amperes or Production period minimum = 169,000 Sinter Plant Combination Trail. higher, Baghouse #8 fan was at about 73 acfm; The data logger will set off a ‘‘warning amperes or higher, and Baghouse #9 fan Sinter Plant Combination Trail Non- alarm’’ should any three consecutive was about 163 amperes or higher. Under Production minimum 1 = 100,000 acfm; minutes of data be below the applicable the 2007 Consent Judgment, #5 #6 Baghouse Fan = 70 amps; limit. The operator will then Baghouse is required to meet a 300,000 #7 Baghouse Fan = 210 amps; troubleshoot and work to bring the flow actual cubic feet per minute (acfm) flow #8 Baghouse Fan = 73 amps; or fan amperage back into compliance #9 Baghouse Fan = 163 amps; with the limit. The data logger will rate, and #6 Baghouse must meet a 2 minimum 50,000 acfm flow rate. Sinter Wheel Tunnel Ventilation Fan trigger an ‘‘actionable alarm’’ should any Together, these account for all of the = 58 amps. fifteen consecutive minutes of data be The Work Practices Manual revision critical ventilation systems for the Blast below the applicable limit. Doe Run will and the 2007 Consent Judgment allow Furnace Building and the Refinery produce a detailed log of the event and ventilation equipment to be shut down Building. all actions taken to restore flow. for maintenance work being performed Corrective action must be taken as The final testing campaign for the on the ventilation or related process quickly as possible, including the shut Sinter Building took place May 12 and units. The shut downs must be logged down of all processes within the 13, 2009. Because of the batch nature of and recorded. The Work Practices affected building if necessary to prevent the sintering process, there are periods Manual revision also allows ventilation lead-bearing emissions from escaping. when the sinter machine is not in use. systems to be shut down if all lead Within 24 hours of restoration of When operating, the sinter machine manufacturing process units within a operations, a flow test must be runs at about 500 degrees Fahrenheit, given building have been turned off and conducted at the point(s) where the greatly heating the air around it and all corresponding production has ceased ventilation system failed. thus affecting air flow. It was therefore for at least 24 consecutive hours, unless Each calendar quarter, Doe Run must necessary to create two ventilation the Consent Judgment contains other conduct an inflow test of all applicable scenarios: One for when the sinter specifications. doors and openings. Testing will be machine was operating and heating the The 2007 Consent Judgment contains done in accordance with the SOP air in the building, and a second for other specification for the sinter included as part of the Work Practices when the sinter machine was not machine wheel tunnel, #3 Baghouse, #5 Manual revision. If a man door shows operating and the air from the sinter Baghouse, and #6 Baghouse. It requires inflow below 200 fpm, the door must be building is much cooler. Doe Run tested the sinter machine wheel tunnel to be permanently sealed or replaced with a both scenarios in May 2009. As shown operated at 15,000 acfm regardless of double door chamber system. These in ‘‘Summary: Sinter Building Door sinter machine operation. It requires #3 projects must be completed no later Inflows’’ in the docket, all non-modified Baghouse flow to be maintained at a than three months following the low- doors were above the 200 fpm inflow minimum 225,000 acfm, #5 Baghouse flow measurement. Once the doors are requirement when the Sinter Plant flow at a minimum of 300,000 acfm, and modified in this fashion, they will not Combination Trail was above 169,000 #6 Baghouse flow to be maintained at a be subject to future inflow tests. Doe acfm. To test the non-production minimum of 50,000 acfm. All flow rates Run may petition MDNR to use an scenario, Doe Run tested select doors are to be maintained at all times, alternative method of addressing low- and found a flow rate of 100,000 acfm including times when the Blast Furnace flow doors. MDNR will consider the to be adequate. is not operational. Doe Run is required petition only if the proposal is In addition to the Sinter Plant to comply with these requirements. submitted in writing within 30 days of the low-flow measurement. The petition Combination Trail, there are three other These limits are incorporated into the must outline the particle capture benefit critical flows within the Sinter Building. Doe Run Herculaneum Work Practices from the alternative door project, and The #6 Baghouse is required by the Manual and are currently enforceable by state why permanent sealing or a double Consent Judgment to meet a minimum MDNR as requirements thereof. door chamber system are not feasible or flow rate of 50,000 acfm. Doe Run Limits resulting from the Ventilation appropriate. If an equipment door additionally created a minimum 70 fan Study for the #3 Baghouse, #5 Baghouse shows inflow below 200 fpm, Doe Run amperage requirement for the #6 and #6 Baghouse are the same as the must install heavy-duty industrial clear Baghouse. The Consent Judgment also flow requirements already present in the vinyl strip curtains within two months requires the #3 Baghouse to meet a 2007 Consent Judgment. of the low-flow measurement. Inflow minimum flow rate of 225,000 acfm, 5. Ongoing Ventilation Testing and measurements are still required in and the sinter wheel tunnel to meet a Reporting Requirements doorways with vinyl strip curtains. Doe 15,000 acfm flow rate. Doe Run studied The Work Practices Manual revision Run may petition MDNR to use an the relationship between flow and fan requires an automatic data logging alternative method to address a non- amperes for the sinter wheel tunnel. system to record the following compliant door. The same timing and They found that a minimum fan information at least once every minute: analytical requirements apply to the amperage of 58 will maintain a 15,000 Fan amperes from the sinter machine equipment door petition as exist for the acfm flow (see Attachment H). Doe Run wheel tunnel, #6, #7, #8, and #9 man door petition. If an equipment door will be required to maintain a minimum Baghouses; and flow rates from #5 is modified and measures low-flow of 58 amperes at the sinter wheel Baghouse, #6 Baghouse, the combined again within a year of modification, Doe tunnel. Run will propose a project to MDNR to 4. Ventilation Limits 1 The Sinter Plant Combination Trail flow significantly reduce the outflow of air requirement switches to the Non-Production emissions from the door in question. From the results gathered during the 100,000 acfm minimum requirement when both the See the Work Practices Manual revision sinter machine and feed belt motors measure zero Ventilation Study, MDNR adopted the amps. (Attachment E) for more details. following ventilation flow rate and fan 2 The Sinter Wheel tunnel damper will be welded All data associated with the amperage limits: into place. ventilation study Work Practices

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Manual requirements must be 6. Winter Construction Work Practices mechanisms laid out in the Work maintained for at least five years, and Manual Modification Practices Manual do not prevent MDNR made available to MDNR upon request. In the first quarter of 2008, prior to or EPA from finding Doe Run in Doe Run must submit a quarterly report the April 2008 attainment date in the violation of it and SIP requirements. to MDNR summarizing any 15 minute SIP submittal, ambient air monitors in EPA previously requested comments on alarms and associated corrective Herculaneum recorded values well over the enforceability of the SIP submitted actions. The report must also include the 1.5 microgram per cubic meter lead in its October 8, 2008 proposed results from the quarterly inflow study. NAAQS. Doe Run determined the cause conditional approval. We are now For a list of which doors are subject to was in-plant road dust stirred up by requesting comments specifically relating to the ventilation requirements inflow testing, see docket document construction-related activities. Because which are the subject of this notice. ‘‘Summary of Sinter Plant Building Door the activities took place in weather We also noted in the October 2008 Inflows’’ and ‘‘Summary of Blast below 39 degrees Fahrenheit, Doe Run Furnace and Refinery Building Door proposal that the Consent Judgment was not able to run its watering system contains provisions for stipulated Inflows.’’ If Doe Run measures any to control the in-plant road dust. inflows less than 200 fpm, the report penalties and sanctions should Doe Run To prevent this problem in the future, fail to comply with provisions of the must identify these and provide a MDNR has modified the Work Practices schedule for modifying the doors. Any Consent Judgment or Work Practices Manual. The additional language Manual. EPA is not bound by the state’s changes to doorways as a result of requires projects to be suspended if they previous inflow studies will also be Consent Judgment penalties, and would have the potential to cause fugitive enforce against violations of these reported. In addition, Doe Run’s emissions and water cannot be used for documents under section 113 of the quarterly report must describe any dust suppression due to cold weather. It Clean Air Act or other Federal actions taken or recommendations to also prompts Doe Run to plan authorities, rather than the Consent prevent ventilation system shutdowns construction projects such that Judgment, if it approves the Consent or to improve corrective action deadlines do not occur during cold Judgment and Work Practices Manual responses. If MDNR determines a more weather periods. into the SIP. timely or effective procedure is possible, Doe Run must submit a written update 7. Enforceability III. Proposed Action to the Work Practices Manual for As specified in section 172(c)(6) and EPA proposes approval of Missouri’s MDNR’s approval. The underlying section 110(a)(2)(A) of the CAA, all attainment demonstration SIP and ventilation requirements remain in measures and other elements in the SIP associated control measures for the 1978 effect pending MDNR approval of any must be enforceable by the state and lead National Ambient Air Quality updates or revisions. If EPA approves EPA. Enforceable documents included Standards in the nonattainment area of this SIP revision, including the in Missouri’s SIP submittal are the May Herculaneum, Missouri. The ventilation provisions of the Work Practices Manual 2007 Consent Judgment, January 2007 requirements contained within the and Consent Judgment, any subsequent Work Practices Manual, and the Consent revised SIP minimize the potential for changes must also be approved by EPA Judgment and Work Practices Manual building fugitives escaping into the as revisions to the SIP. modifications submitted to EPA on outside air, and the winter construction September 3, 2009. The Consent Once a year, Doe Run is required to Work Practices Manual modification Judgment contains all control and conduct the flow testing campaign minimizes the potential for contingency measures with enforceable again, and address any issues identified. uncontrolled lead emissions associated dates for implementation. The Consent Ventilation systems discussed in the with cold-weather construction Judgment also includes monitoring, Work Practices Manual revision activities. EPA proposes full approval of recordkeeping, and reporting (Attachment E) may only be altered to the SIP as it demonstrates attainment of requirements to ensure that the control μ 3 improve capture and control of the 1.5 g/m lead NAAQS, and fulfills and contingency measures are met. The emissions. Improvement plans must be the requirements of the Clean Air Act. Work Practices Manual includes the The rationale for this proposed action is submitted and approved by MDNR requirements of the Consent Judgment, before any improvement project may stated in the October 8, 2008, proposed as well as specific operating procedures conditional approval and in this take place. Any unauthorized and additional reporting requirements. modification that affects the flow rate, supplemental proposal. As stated The state adopted the original previously, EPA requests comments on fan amperes, or capture and control of documents into Missouri’s state emissions within the Sinter Building, the September 3, 2009 supplemental regulations on April 26, 2007, and submittal, and on EPA’s proposed full Blast Furnace Building, or Refinery adopted the modifications on July 29, Building ventilation systems is a approval of the 2007, 2008, and 2009 2009, making them state-enforceable. submittals. violation of the Work Practices Manual Upon EPA approval of the SIP and Consent Judgment. submission, both documents would IV. Statutory and Executive Order Finally, if an ambient air quality become state and federally enforceable, Reviews monitor in Herculaneum monitors a and enforceable by citizens under Under the Clean Air Act, the quarterly value over 1.4 micrograms per section 304 of the Act. As described Administrator is required to approve a cubic meter, Doe Run must conduct a above in the discussion of specific SIP submission that complies with the fluid modeling study of flow patterns ventilation requirements, EPA believes provisions of the Act and applicable within the process buildings. This study the ventilation requirements in the Federal regulations. 42 U.S.C. 7410(k); would determine if additional Consent Judgment and Work Practices 40 CFR 52.02(a). Thus, in reviewing SIP ventilation is appropriate and if so, Manual as revised are enforceable and submissions, EPA’s role is to approve where the ventilation unit(s) should be meet the requirements of the CAA. We state choices, provided that they meet positioned. Doe Run must complete the further note that values below the the criteria of the CAA. Accordingly, study within three months of receipt of required fan amperage or flow rate may this proposed action merely approves the quarterly monitoring value. constitute a violation; the alarm state law as meeting Federal

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requirements and does not impose Order 13132 (64 FR 43255, August 10, Executive Order 13175 (65 FR 67249, additional requirements beyond those 1999); November 9, 2000), because the SIP is imposed by state law. For that reason, • Is not an economically significant not approved to apply in Indian country this proposed action: regulatory action based on health or located in the state, and EPA notes that • Is not a ‘‘significant regulatory safety risks subject to Executive Order it will not impose substantial direct action’’ subject to review by the Office 13045 (62 FR 19885, April 23, 1997); • costs on tribal governments or preempt of Management and Budget under Is not a significant regulatory action tribal law. Executive Order 12866 (58 FR 51735, subject to Executive Order 13211 (66 FR October 4, 1993); 28355, May 22, 2001); List of Subjects in 40 CFR Part 52 • Does not impose an information • Is not subject to requirements of collection burden under the provisions Section 12(d) of the National Environmental protection, Air of the Paperwork Reduction Act (44 Technology Transfer and Advancement pollution control, Carbon monoxide, U.S.C. 3501 et seq.); Act of 1995 (15 U.S.C. 272 note) because Incorporation by reference, • Is certified as not having a application of those requirements would Intergovernmental relations, Lead, significant economic impact on a be inconsistent with the Clean Air Act; Nitrogen dioxide, Ozone, Particulate substantial number of small entities and matter, Reporting and recordkeeping under the Regulatory Flexibility Act (5 • Does not provide EPA with the requirements, Sulfur oxides, Volatile U.S.C. 601 et seq.); discretionary authority to address, as organic compounds. • Does not contain any unfunded appropriate, disproportionate human mandate or significantly or uniquely health or environmental effects, using Dated: August 17, 2010. affect small governments, as described practicable and legally permissible Karl Brooks, in the Unfunded Mandates Reform Act methods, under Executive Order 12898 Regional Administrator, Region 7. of 1995 (Pub. L. 104–4); (59 FR 7629, February 16, 1994). [FR Doc. 2010–21446 Filed 8–26–10; 8:45 am] • Does not have Federalism In addition, this rule does not have BILLING CODE 6560–50–P implications as specified in Executive tribal implications as specified by

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Notices Federal Register Vol. 75, No. 166

Friday, August 27, 2010

This section of the FEDERAL REGISTER docket in our reading room. The reading introduce exotic animal diseases into contains documents other than rules or room is located in room 1141 of the the United States. proposed rules that are applicable to the USDA South Building, 14th Street and We use a variety of information public. Notices of hearings and investigations, Independence Avenue SW., collection procedures and forms, committee meetings, agency decisions and Washington, DC. Normal reading room including health certificates, import rulings, delegations of authority, filing of petitions and applications and agency hours are 8 a.m. to 4:30 p.m., Monday permits, specimen submission forms, statements of organization and functions are through Friday, except holidays. To be inspection reports, cooperative and trust examples of documents appearing in this sure someone is there to help you, fund agreements, and certification section. please call (202) 690-2817 before statements. coming. We are asking the Office of Other Information: Additional Management and Budget (OMB) to DEPARTMENT OF AGRICULTURE information about APHIS and its approve our use of these information programs is available on the Internet at collection activities for an additional 3 Animal and Plant Health Inspection (http://www.aphis.usda.gov). years. Service FOR FURTHER INFORMATION CONTACT: For The purpose of this notice is to solicit [Docket No. APHIS-2010-0080] information on the importation of comments from the public (as well as animals and poultry, animal and poultry affected agencies) concerning our Notice of Request for Extension of products, and animal germplasm, information collection. These comments Approval of an Information Collection; contact Dr. Betzaida Lopez, Staff will help us: Importation of Animals and Poultry, Veterinarian, Technical Trade Services (1) Evaluate whether the collection of Animal and Poultry Products, Certain Team—Animals, NCIE, VS, APHIS, information is necessary for the proper Animal Embryos, Semen, and 4700 River Road Unit 39, Riverdale MD performance of the functions of the Zoological Animals 20737; (301) 734-5677. For copies of Agency, including whether the more detailed information on the information will have practical utility; AGENCY: Animal and Plant Health information collection, contact Mrs. (2) Evaluate the accuracy of our Inspection Service, USDA. Celeste Sickles, APHIS’ Information estimate of the burden of the collection ACTION: Extension of approval of an Collection Coordinator, at (301) 851- of information, including the validity of information collection; comment 2908. the methodology and assumptions used; request. SUPPLEMENTARY INFORMATION: (3) Enhance the quality, utility, and clarity of the information to be SUMMARY: In accordance with the Title: Importation of Animals and Poultry, Animal and Poultry Products, collected; and Paperwork Reduction Act of 1995, this (4) Minimize the burden of the notice announces the Animal and Plant Certain Animal Embryos, Semen, and Zoological Animals. collection of information on those who Health Inspection Service’s intention to are to respond, through use, as request extension of approval of an OMB Number: 0579-0040. Type of Request: Extension of appropriate, of automated, electronic, information collection associated with approval of an information collection. mechanical, and other collection the importation of animals and poultry, Abstract: Under the Animal Health technologies; e.g., permitting electronic animal and poultry products, and Protection Act (8301 et seq.), the Animal submission of responses. animal germplasm. and Plant Health Inspection Service Estimate of burden: The public DATES: We will consider all comments (APHIS) of the United States reporting burden for this collection of that we receive on or before October 26, Department of Agriculture is authorized, information is estimated to average 2010. among other things, to prohibit or 0.3910632 hours per response. ADDRESSES: You may submit comments restrict the importation of animals, Respondents: U.S. importers; State by either of the following methods: animal products, and other articles into animal health officials; foreign ∑ Federal eRulemaking Portal: Go to the United States to prevent the exporters; foreign animal health (http://www.regulations.gov/ introduction of animal diseases and officials; shippers, owners, and fdmspublic/component/main? pests. In support of this mission, APHIS operators of foreign processing plants main=DocketDetail&d=APHIS-2010- collects pertinent information from and farms, USDA-approved zoos, 0080) to submit or view comments and persons who import animals or poultry, laboratories, and feedlots; and private to view supporting and related materials animal or poultry products, or animal quarantine facilities. available electronically. germplasm into the United States. Estimated annual number of ∑ Postal Mail/Commercial Delivery: This information includes data such respondents: 2,696. Please send one copy of your comment as the origins of the animals or animal Estimated annual number of to Docket No. APHIS-2010-0080, products to be imported, the health responses per respondent: 96.39132. Regulatory Analysis and Development, status of the animals or the processing Estimated annual number of PPD, APHIS, Station 3A-03.8, 4700 methods used to produce animal responses: 259,871. River Road Unit 118, Riverdale, MD products to be imported, and whether Estimated total annual burden on 20737-1238. Please state that your the animals or animal products were respondents: 101,626 hours. (Due to comment refers to Docket No. APHIS- temporarily offloaded in another averaging, the total annual burden hours 2010-0080. country during their transit to the may not equal the product of the annual Reading Room: You may read any United States. We need this information number of responses multiplied by the comments that we receive on this to help ensure that these imports do not reporting burden per response.)

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All responses to this notice will be sure someone is there to help you, sessions, demonstration projects, etc. summarized and included in the request please call (202) 690-2817 before WS usually provides only technical for OMB approval. All comments will coming. expertise in these activities, and the also become a matter of public record. Other Information: Additional client usually conducts whatever Done in Washington, DC, this 23rd information about APHIS and its activities are likely to manage the day of August 2010. programs is available on the Internet at wildlife damage occurring. Such (http://www.aphis.usda.gov). activities are usually free to the public. Gregory Parham FOR FURTHER INFORMATION CONTACT: For All persons who receive assistance Acting Administrator, Animal and Plant from WS are referred to as Health Inspection Service. information on the national ‘‘cooperators,’’ and any information [FR Doc. 2010–21458 Filed 8–26–10: 8:45 am] management information system for cooperative wildlife damage provided by clients to WS is voluntary. BILLING CODE 3410–34–S management programs, contact Mr. Information is used by the agency to: ∑ Robert Myers, Wildlife Biologist, Identify cooperators appropriately. ∑ Identify lands on which WS DEPARTMENT OF AGRICULTURE Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale MD 20737; personnel will work. ∑ Differentiate between cooperators Animal and Plant Health Inspection (301) 651-8845. For copies of more (i.e., property owners, land managers, or Service detailed information on the information collection, contact Mrs. Celeste Sickles, resource owners) who request assistance [Docket No. APHIS-2010-0083] to manage damage caused by wildlife. APHIS’ Information Collection ∑ Coordinator, at (301) 851-2908. Identify the land areas on which Notice of Request for Extension of wildlife damage management activities Approval of an Information Collection; SUPPLEMENTARY INFORMATION: would be conducted. National Management Information Title: National Management ∑ Identify the relationship between System Information System. resources or property, WS’ protection of OMB Number: 0579-0335. such resources or property, and the AGENCY: Animal and Plant Health Type of Request: Extension of Inspection Service, USDA. damage caused by wildlife. approval of an information collection. ∑ Determine the methods or damage ACTION: Extension of approval of an Abstract: As authorized by the Act of management activities to deal with the information collection; comment 1931 (7 U.S.C. 426-426c; 46 Stat. 1468) damage. request. as amended, the Secretary of ∑ Establish a record that a cooperative Agriculture may conduct activities and agreement has been entered into with a SUMMARY: In accordance with the enter into agreements with States, local Paperwork Reduction Act of 1995, this cooperator. jurisdictions, individuals, public and ∑ Document that permission has been notice announces the Animal and Plant private agencies, organizations, and Health Inspection Service’s intention to obtained from landowners to go on the institutions in the control of nuisance cooperator’s property. request an extension of approval of an mammals and birds and those mammal ∑ information collection associated with Record wildlife damage occurrences and bird species that are reservoirs for on cooperator’s property and steps to cooperative wildlife damage zoonotic diseases. management programs. address them. Wildlife Services (WS) of the Animal ∑ Record occurrences which may have DATES: We will consider all comments and Plant Health Inspection Service affected non-target species or humans that we receive on or before October 26, (APHIS), U.S. Department of Agriculture during, or related to, WS project actions. 2010. (USDA), cooperates with Federal ∑ Determine satisfaction with service ADDRESSES: You may submit comments agencies, State and local governments, to help WS evaluate, modify, and by either of the following methods: and private individuals to research and improve its programs. ∑ Federal eRulemaking Portal: Go to implement the best methods of We are asking the Office of (http://www.regulations.gov/ managing conflicts between wildlife and Management and Budget (OMB) to fdmspublic/component/ human health and safety, agriculture, approve our use of these information main?main=DocketDetail&d=APHIS- property, and natural resources. collection activities for an additional 3 2010-0083) to submit or view comments As part of the WS program, WS enters years. and to view supporting and related into agreements to document the terms The purpose of this notice is to solicit materials available electronically. and conditions for cooperating with comments from the public (as well as ∑ Postal Mail/Commercial Delivery: parties outside of APHIS. affected agencies) concerning our Please send one copy of your comment In the normal course of business in information collection. These comments to Docket No. APHIS-2010-0083, response to requests for assistance in will help us: Regulatory Analysis and Development, managing wildlife damage, WS collects (1) Evaluate whether the collection of PPD, APHIS, Station 3A-03.8, 4700 information about organizations, information is necessary for the proper River Road Unit 118, Riverdale, MD industry, Federal and non-Federal performance of the functions of the 20737-1238. Please state that your entities, and members of the public as Agency, including whether the comment refers to Docket No. APHIS- part of its program. Program activities information will have practical utility; 2010-0083. usually consist of either cooperative (2) Evaluate the accuracy of our Reading Room: You may read any direct control or technical assistance estimate of the burden of the collection comments that we receive on this programs. In the former, WS provides of information, including the validity of docket in our reading room. The reading goods, services, and expertise to address the methodology and assumptions used; room is located in room 1141 of the wildlife damage. Clients must reimburse (3) Enhance the quality, utility, and USDA South Building, 14th Street and USDA for expenses and time spent by clarity of the information to be Independence Avenue SW., WS to conduct these kinds of programs. collected; and Washington, DC. Normal reading room In the latter, WS gives advice in the (4) Minimize the burden of the hours are 8 a.m. to 4:30 p.m., Monday form of telephone consultations, collection of information on those who through Friday, except holidays. To be personal onsite consultations, training are to respond, through use, as

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appropriate, of automated, electronic, main?main=DocketDetail&d=APHIS- livestock diseases and associated risk mechanical, and other collection 2010-0084) to submit or view comments factors. technologies; e.g., permitting electronic and to view supporting and related NAHMS’ national studies have submission of responses. materials available electronically. evolved into a collaborative industry Estimate of burden: The public ∑ Postal Mail/Commercial Delivery: and government initiative to help reporting burden for this collection of Please send one copy of your comment determine the most effective means of information is estimated to average to Docket No. APHIS-2010-0084, preventing and controlling diseases of 0.045736 hours per response. Regulatory Analysis and Development, livestock. APHIS is the only agency Respondents: Federal, State, and local PPD, APHIS, Station 3A-03.8, 4700 responsible for collecting data on agencies and the public who request River Road Unit 118, Riverdale, MD livestock health. Participation in any services from WS or engage in wildlife 20737-1238. Please state that your NAHMS study is voluntary, and all data damage management projects with WS. comment refers to Docket No. APHIS- are confidential. Estimated annual number of 2010-0084. APHIS plans to conduct the Sheep respondents: 89,902. Reading Room: You may read any 2011 Study as part of an ongoing series Estimated annual number of comments that we receive on this of NAHMS studies on the U.S. livestock responses per respondent: 1.01295. docket in our reading room. The reading population. The 22 States targeted for Estimated annual number of room is located in room 1141 of the the study account for 85 percent of the responses: 91,066. USDA South Building, 14th Street and ewe inventory in the United States on Estimated total annual burden on Independence Avenue SW., January 1, 2010, and on 70 percent of respondents: 4,165 hours. (Due to Washington, DC. Normal reading room farms in the United States with one or averaging, the total annual burden hours hours are 8 a.m. to 4:30 p.m., Monday more ewes. The purpose of this study is may not equal the product of the annual through Friday, except holidays. To be to collect information, through number of responses multiplied by the sure someone is there to help you, questionnaires and biologic sampling, reporting burden per response.) please call (202) 690-2817 before to: All responses to this notice will be coming. ∑ Describe trends in sheep health and summarized and included in the request Other Information: Additional management practices from 1996 to for OMB approval. All comments will information about APHIS and its 2011. also become a matter of public record. programs is available on the Internet at ∑ Describe management and rd Done in Washington, DC, this 23 (http://www.aphis.usda.gov). biosecurity practices used to control day of August 2010. FOR FURTHER INFORMATION CONTACT: For common infectious diseases, including Gregory Parham information on the Sheep 2011 Study, scrapie, ovine progressive pneumonia, Acting Administrator, Animal and Plant contact Ms. Sandra Warnken, Johne’s disease, and caseous Health Inspection Service. lymphadenitis. Management and Program Analyst, ∑ [FR Doc. 2010–21459 Filed 8–26–10: 8:45 am] Centers for Epidemiology and Animal Estimate the prevalence of gastrointestinal parasites and BILLING CODE 3410–34–S Health, VS, APHIS, 2150 Centre anthelmintic resistance. Avenue, Building B MS 2E3, Fort ∑ Collins, CO 80526; (970) 494-7193. For Estimate the prevalence of DEPARTMENT OF AGRICULTURE copies of more detailed information on Mycoplasma ovipneumonia in domestic the information collection, contact Mrs. sheep flocks. Relate presence of the Animal and Plant Health Inspection Celeste Sickles, APHIS’ Information organism in blood and nasal secretions Service Collection Coordinator, at (301) 851- to clinical signs and demographic and management factors. [Docket No. APHIS-2010-0084] 2908. ∑ Facilitate the collection of Notice of Request for Approval of an SUPPLEMENTARY INFORMATION: information and samples regarding Information Collection; National Title: National Animal Health causes of abortion storms in sheep. Animal Health Monitoring System; Monitoring System; Sheep 2011 Study. ∑ Determine producer awareness of Sheep 2011 Study OMB Number: 0579-xxxx. the zoonotic potential of contagious Type of Request: Approval of a new ecthyma (soremouth) and the AGENCY: Animal and Plant Health information collection. management practices used to prevent Inspection Service, USDA. Abstract: Under the Animal Health transmission of the disease. ACTION: New information collection; Protection Act (7 U.S.C. 8301 et seq.), ∑ Provide serum to include in the comment request. the Animal and Plant Health Inspection serological bank for future research. Service (APHIS) of the United States The study will consist of a series of SUMMARY: In accordance with the Department of Agriculture (USDA) is on-farm questionnaires, with biologic Paperwork Reduction Act of 1995, this authorized, among other things, to sampling, that will be administered by notice announces the Animal and Plant protect the health of our Nation’s APHIS-designated data collectors. The Health Inspection Service’s intention to livestock and poultry populations by information collected through the Sheep initiate an information collection to preventing the introduction and 2011 Study will be analyzed and support the National Animal Health interstate spread of serious diseases and organized into descriptive reports. Monitoring System Sheep 2011 Study. pests of livestock and for eradicating Information sheets will be derived from DATES: We will consider all comments such diseases from the United States these reports, and the data will be that we receive on or before October 26, when feasible. In connection with this disseminated to and used by a variety of 2010. mission, APHIS operates the National constituents, including producers, ADDRESSES: You may submit comments Animal Health Monitoring System veterinarians, stakeholders, academia, by either of the following methods: (NAHMS), which collects nationally and others. The data will help APHIS ∑ Federal eRulemaking Portal: Go to representative, statistically valid, and address emerging issues and examine (http://www.regulations.gov/ scientifically sound data on the the economic impact of selected animal fdmspublic/component/ prevalence and economic importance of health management practices.

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We are asking the Office of DEPARTMENT OF AGRICULTURE subject to the identified designated Management and Budget (OMB) to measures if: (1) No comments were approve our use of these information Animal and Plant Health Inspection received on the pest risk analysis; (2) collection activities for 3 years. Service the comments on the pest risk analysis revealed that no changes to the pest risk The purpose of this notice is to solicit [Docket No. APHIS–2010–0065] analysis were necessary; or (3) changes comments from the public (as well as Notice of Decision To Issue Permits for to the pest risk analysis were made in agencies) concerning our information response to public comments, but the collection. These comments will help the Importation of Fresh Mango Fruit From Pakistan Into the Continental changes did not affect the overall us: United States conclusions of the analysis and the (1) Evaluate whether the collection of Administrator’s determination of risk. information is necessary for the proper AGENCY: Animal and Plant Health In accordance with that process, we performance of the functions of the Inspection Service, USDA. published a notice 1 in the Federal Agency, including whether the ACTION: Notice. Register on June 17, 2010 (75 FR 34422, information will have practical utility; Docket No. APHIS–2010–0065), in SUMMARY: We are advising the public of which we announced the availability, (2) Evaluate the accuracy of our our decision to begin issuing permits for for review and comment, of a pest risk estimate of the burden of the the importation into the continental analysis that evaluates the risks information collection, including the United States of fresh mango fruit from associated with the importation into the validity of the methodology and Pakistan. Based on the findings of a pest continental United States of fresh assumptions used; risk analysis, which we made available mango fruit from Pakistan. We solicited (3) Enhance the quality, utility, and to the public for review and comment comments on the notice for 60 days clarity of the information to be through a previous notice, we believe ending on August 16, 2010. We received collected; and that the application of one or more 19 comments by that date, from designated phytosanitary measures will nurseries, exporters, private citizens, a (4) Minimize the burden of the be sufficient to mitigate the risks of marketing agency, and a State information collection on those who are introducing or disseminating plant pests department of agriculture. All of the to respond, through use, as appropriate, or noxious weeds via the importation of commenters supported the importation of automated, electronic, mechanical, fresh mango fruit from Pakistan. of fresh mango fruit from Pakistan under and other collection technologies, e.g., DATES: Effective Date: August 27, 2010. the conditions described in the risk permitting electronic submission of management document. FOR FURTHER INFORMATION CONTACT: responses. Ms. Therefore, in accordance with the Donna L. West, Senior Import Estimate of burden: The public regulations in § 319.56–4(c)(2)(ii), we Specialist, Regulatory Coordination and are announcing our decision to begin reporting burden for this collection of Compliance, PPQ, APHIS, 4700 River information is estimated to average issuing permits for the importation into Road Unit 133, Riverdale, MD 20737; the continental United States of fresh 0.8840854 hours per response. (301) 734–0627. mango fruit from Pakistan subject to the Respondents: Sheep producers in 22 SUPPLEMENTARY INFORMATION: following phytosanitary measures: States. • Background The mangoes must be irradiated Estimated annual number of with a minimum absorbed dose of 400 Under the regulations in ‘‘Subpart— respondents: 5,500. gray. Fruits and Vegetables’’ (7 CFR 319.56–1 • If irradiation is applied outside of Estimated annual number of through 319.56–50, referred to below as the United States, each consignment of responses per respondent: 1.7285454. the regulations), the Animal and Plant mangoes must be inspected jointly by Estimated annual number of Health Inspection Service (APHIS) of the national plant protection responses: 9,507. the U.S. Department of Agriculture organization (NPPO) of Pakistan and prohibits or restricts the importation of APHIS inspectors and accompanied by Estimated total annual burden on fruits and vegetables into the United a phytosanitary certificate issued by the respondents: 8,405 hours. (Due to States from certain parts of the world to NPPO of Pakistan. The phytosanitary averaging, the total annual burden hours prevent plant pests from being certificate must document that the may not equal the product of the annual introduced into and spread within the consignment received the required number of responses multiplied by the United States. irradiation treatment. The phytosanitary reporting burden per response.) Section 319.56–4 contains a certificate must also contain an All responses to this notice will be performance-based process for additional declaration that states: ‘‘This summarized and included in the request approving the importation of consignment was inspected jointly by for OMB approval. All comments will commodities that, based on the findings APHIS and Government of Pakistan also become a matter of public record. of a pest risk analysis, can be safely inspectors, and found free of imported subject to one or more of the Xanthomonas campestris pv. Done in Washington, DC, this 23rd designated phytosanitary measures mangiferaeindicae.’’ To be consistent day of August 2010. listed in paragraph (b) of that section. with International Plant Protection Gregory Parham Under that process, APHIS publishes a Convention standards, treatment Acting Administrator, Animal and Plant notice in the Federal Register specifics, including the application of Health Inspection Service. announcing the availability of the pest 400 Gy dose, will be located in the treatment section of the phytosanitary [FR Doc. 2010–21455 Filed 8–26–10: 8:45 am] risk analysis that evaluates the risks associated with the importation of a BILLING CODE 3410–34–S particular fruit or vegetable. Following 1 To view the notice, the pest risk analysis, the the close of the 60-day comment period, risk management analysis, and the comments we received, go to http://www.regulations.gov/ APHIS may begin issuing permits for fdmspublic/component/ importation of the fruit or vegetable main?main=DocketDetail&d=APHIS-2010-0065.

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certificate, rather than in the additional FOR FURTHER INFORMATION CONTACT: Joe Estimated Dates declaration. Carbone, Assistant Director for The draft environmental impact If irradiation is to be applied upon Ecosystem Management Coordination, statement is expected to be available for arrival in the United States, each Forest Service, 202–205–0884, or e-mail: public comment early in 2011 and the consignment of mangoes must be [email protected]. final EIS is expected to be completed by inspected by inspectors from the NPPO Individuals who use the fall of 2011. of Pakistan prior to departure and telecommunication devices for the deaf accompanied by a phytosanitary (TDD) may call the Federal Information Purpose and Need for Action certificate issued by the NPPO of Relay Service (FIRS) at 1–800–877–8339 Adopting the proposed action would Pakistan. The phytosanitary certificate between 8 a.m. and 8 p.m., Eastern give the Forest Service the ability to must contain an additional declaration Standard Time, Monday through Friday. reduce wildfire intensities and rates of that states: ‘‘This consignment was spread under certain circumstances inspected by the Government of SUPPLEMENTARY INFORMATION: The Forest Service is working to restore fire- until ground forces can safely take Pakistan inspectors and found free of suppression action over the duration of Xanthomonas campestris pv. adapted ecosystems through prescribed fire, other fuel treatments, and effective an incident. High fire intensities and mangiferaeindicae.’’ rates of spread greatly reduce the ability • The mangoes may be imported into management of wildfire to achieve both of ground-based firefighters to safely the United States in commercial protection and resource benefit fight wildland fires. In addition, the consignments only. objectives. However, in some remote locations and rugged topography These conditions will be listed in the circumstances, fire must be suppressed. associated with many wildland fires can Fruits and Vegetables Import For example, it might be necessary to delay the deployment of ground forces Requirements Database (available at suppress a fire to protect life or property for suppression. In some situations, http://www.aphis.usda.gov/favir). In or to preserve natural resources and firefighters need the ability to quickly addition to those specific measures, critical habitat for threatened and reduce rates of spread and intensities of mangoes from Pakistan will be subject endangered species. Fire retardant is wildland fires, often in remote to the general requirements listed in one of the tools used to suppress fires. locations, and to do so until ground § 319.56–3 that are applicable to the Aerially applied fire retardant reduces forces can safely take suppression action importation of all fruits and vegetables. the spread and intensity of fires and or until a wildfire is contained or slows larger, more damaging, and thus, Authority: 7 U.S.C. 450, 7701–7772, and controlled. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR more costly fires. In many situations, 2.22, 2.80, and 371.3. using retardant to fight fires is the most Proposed Action Done in Washington, DC, this 25th day of effective and efficient method of The Forest Service proposes to August 2010. protecting people, resources, private continue the aerial application of fire Gregory Parham, property, and facilities; sometimes it is retardant to fight fires on National Acting Administrator, Animal and Plant the only tool that will allow fire fighters Forest System Lands. Aerial application Health Inspection Service. to accomplish the job in a safe manner. would be conducted, as it is now, under [FR Doc. 2010–21568 Filed 8–26–10; 8:45 am] In October 2007, the Forest Service ‘‘Guidelines for Aerial Delivery of BILLING CODE 3410–34–P issued an environmental assessment Retardant or Foam Near Waterways’’ (EA) and decision notice and finding of (2000 Guidelines) adopted by the Forest no significant impact (DN/FONSI) Service, Bureau of Land Management, DEPARTMENT OF AGRICULTURE entitled ‘‘Aerial Application of Fire National Park Service, and Fish and Retardant’’. In February 2008, the Forest Wildlife Service in April 2000. The Forest Service Service amended the DN/FONSI by 2000 Guidelines are a means to incorporating the reasonable and Nationwide Aerial Application of Fire minimize the impact of aerially- prudent alternatives proposed by the delivered fire retardant on aquatic life Retardant on National Forest System United States Fish and Wildlife Service Lands and habitat. The 2000 Guidelines, (USFWS) and National Oceanic and available at http://www.fs.fed.us/rm/ AGENCY: Forest Service, USDA. Atmospheric Administration (NOAA) fire/retardants/current/gen/appguide. ACTION: Notice of intent to prepare an Fisheries during the Section 7 htm are as follows: environmental impact statement. consultation process prescribed by the Definition: WATERWAY—Any body of Endangered Species Act (ESA). water including lakes, rivers, streams SUMMARY: The Forest Service will On July 27, 2010, the United States and ponds whether or not they contain prepare a programmatic environmental District Court for the District of Montana aquatic life. impact statement for the continued issued a decision in Forest Service nationwide aerial application of fire Avoid aerial application of retardant or Employees for Environmental Ethics v. foam within 300 feet of waterways. retardant on National Forest System United States Forest Service, 08–43 (D. lands. The responsible official for this Mont.) that invalidated the Forest These guidelines do not require the action is the Chief of the Forest Service. Service’s decision to adopt the 2000 helicopter or airtanker pilot-in- The Forest Service invites comments at Guidelines based on violations of NEPA. command to fly in such a way as to this time on the proposed action. The Court also held that the USFWS endanger his or her aircraft, other DATES: Comments concerning the scope and NOAA Fisheries’ Section 7 aircraft, or structures or compromise of the analysis must be received by consultation with the Forest Service ground personnel safety. October 12, 2010. violated the ESA. The Court directed the Guidance for pilots: To meet the 300- ADDRESSES: Send written comments to Forest Service, USFWS, and NOAA foot buffer zone guideline, implement U.S. Forest Service, P.O. Box 26667, Salt Fisheries to cure these NEPA and ESA the following: Lake City, UT 84126–0667. Comments violations and for the Forest Service to Medium/Heavy Airtankers: When may also be sent via e-mail to issue a new decision no later than approaching a waterway visible to the [email protected]. December 31, 2011. pilot, the pilot shall terminate the

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application of retardant approximately action agency’s responsibilities under Responsible Official and Lead Agency 300 feet before reaching the waterway. the ESA. The USDA Forest Service is the lead When flying over a waterway, pilots Where aquatic T&E species or their agency for this proposal. The Chief of shall wait one second after crossing the habitats are potentially affected by aerial the Forest Service is the responsible far bank or shore of a waterway before application of retardant or foam, the official. applying retardant. Pilots shall make following additional procedures apply: adjustments for airspeed and ambient Nature of Decision To Be Made 1. As soon as practicable after the conditions such as wind to avoid the aerial application of retardant or foam The decision to be made is whether to application of retardant within the 300- near waterways, determine whether the continue aerial application of fire foot buffer zone. aerial application has caused any retardant and if so, under the 2000 Single Engine Airtankers: When adverse effects to a T&E species or their Guidelines or under some other approaching a waterway visible to the habitat. This can be accomplished by guidance. pilot, the pilot shall terminate the following: application of retardant or foam Scoping Process approximately 300 feet before reaching a. Aerial application of retardant or The publication of this notice of the waterway. When flying over a foam outside 300 feet of a waterway is intent starts the scoping process, which waterway, the pilot shall not begin presumed to avoid adverse effects to guides preparation of the environmental application of foam or retardant until aquatic species and no further impact statement. There will be further 300 feet after crossing the far bank or consultation for aquatic species is opportunities for public involvement shore. The pilot shall make adjustments necessary. and information sharing about the for airspeed and ambient conditions b. Aerial application of retardant or proposed action, including a comment such as wind to avoid the application of foam within 300 feet of a waterway period on the draft environmental retardant within the 300-foot buffer requires that the unit administrator impact statement. Public information zone. determine whether there have been any and involvement opportunities and Helicopters: When approaching a adverse effects to T&E species within documents will be posted at http:// waterway visible to the pilot, the pilot the waterway. www.fs.fed.us/fire/retardant/index. shall terminate the application of These procedures shall be html. The site presently contains retardant or foams 300 feet before documented in the initial or subsequent information such as a 2007 reaching the waterway. When flying fire reports. environmental assessment and over a waterway, pilots shall wait five associated comments that are also being 2. If there were no adverse effects to seconds after crossing the far bank or used to prepare the draft environmental aquatic T&E species or their habitats, shore before applying the retardant or impact statement. there is no additional requirement to foam. Pilots shall make adjustments for It is important that reviewers provide consult on aquatic species with Fish airspeed and ambient conditions such their comments at such times and in and Wildlife Service (FWS) or National as wind to avoid the application of such a way that they are useful to the Marine Fisheries Service (NMFS). retardant or foam within the 300-foot Agency’s preparation of the buffer zone. 3. If the action agency determines that environmental impact statement. Exceptions: there were adverse effects on T&E Therefore, comments should be When alternative line construction species or their habitats then the action provided prior to the close of the tactics are not available due to terrain agency must consult with FWS and comment period and should clearly constraints, congested area, life and NMFS, as required by 50 CFR 402.05 articulate the reviewer’s concerns and property concerns or lack of ground (Emergencies). Procedures for contentions. personnel, it is acceptable to anchor the emergency consultation are described in Comments received in response to foam or retardant application to the the Interagency Consultation Handbook, this solicitation, including names and waterway. When anchoring a retardant Chapter 8 (March 1998) [U.S. Fish and addresses of those who comment, will or foam line to a waterway, use the most Wildlife Service and National Marine be part of the public record for this accurate method of delivery in order to Fisheries Service 1998]. In the case of a proposed action. Comments submitted minimize placement of retardant or long duration incident, emergency anonymously will be accepted and foam in the waterway (e.g., a helicopter consultation should be initiated as soon considered. rather than a heavy airtanker). as practical during the event. Otherwise, Dated: August 24, 2010. post-event consultation is appropriate. Deviations from these guidelines are Gloria Manning, acceptable when life or property is The initiation of the consultation is the responsibility of the unit administrator. Associate Deputy Chief, NFS. threatened and the use of retardant or [FR Doc. 2010–21482 Filed 8–26–10; 8:45 am] foam can be reasonably expected to Each agency will be responsible for BILLING CODE 3410–11–P alleviate the threat. ensuring that the appropriate guides and When potential damage to natural training manuals reflect these resources outweighs possible loss of guidelines. DEPARTMENT OF AGRICULTURE aquatic life, the unit administrator may Additionally, the proposed action approve a deviation from these includes the reasonable and prudent Forest Service guidelines. alternatives for aerial application of fire Threatened and Endangered (T&E) retardant on national forest system Wrangell-Petersburg Resource Species: lands developed by the U.S. Fish and Advisory Committee The following provisions are guidance Wildlife Service and National Marine AGENCY: Forest Service, USDA. for complying with the emergency Fisheries Service available at http:// ACTION: Notice of meeting. section 7 consultation procedures of the www.fs.fed.us/fire/retardant/index. Endangered Species Act (ESA) with html. Forest Service reports on applying SUMMARY: The Wrangell-Petersburg respect to aquatic species. These the reasonable and prudent alternatives Resource Advisory Committee will meet provisions do not alter or diminish an are also included on this Web site. in Kake, Alaska. The committee is

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meeting as authorized under the Secure DEPARTMENT OF AGRICULTURE (6) election of committee chairperson, Rural Schools and Community Self- (7) review of next meeting purpose, Determination Act (Pub. L. 110–343) Forest Service location, and date; (8) and receive and in compliance with the Federal public comment. Persons who wish to Advisory Committee Act. The purpose Ashley Resource Advisory Committee bring related matters to the attention of of the meeting is to review project AGENCY: Forest Service, USDA. the Committee may file written proposals and make project funding ACTION: Notice of meeting. statements with the committee staff recommendations. before or after the meeting. Public input DATES: The meeting will be held Friday, SUMMARY: The Ashley Resource sessions will be provided and September 10th from 9 a.m. to 2 p.m., Advisory Committee will meet in individuals who made written requests and on Saturday, September 11th from Vernal, Utah. The committee is meeting by September 14, 2010 will have the 8 a.m. to Noon. as authorized under the Secure Rural opportunity to address the committee at Schools and Community Self- those sessions. ADDRESSES: The meeting will be held at Determination Act (Pub. L. 110–343) the Kake Community Hall Conference Dated: August 20, 2010. and in compliance with the Federal Room in Kake, Alaska. Written Advisory Committee Act. The purpose Kevin B. Elliott, comments should be sent to Christopher of the meeting is conduct ‘‘welcomes’’ Forest Supervisor. Savage, Petersburg District Ranger, P.O. and introductions, review the Federal [FR Doc. 2010–21256 Filed 8–26–10; 8:45 am] Box 1328, Petersburg, Alaska 99833, or Advisory Committee Act requirements, BILLING CODE 3410–11–P Robert Dalrymple, Wrangell District brief participants on Payments to States Ranger, P.O. Box 50, Wrangell, AK legislative history, discuss the 99929. Comments may also be sent via guidelines for Title II and Title 111 DEPARTMENT OF AGRICULTURE e-mail to [email protected], or via funding and proposals, capture and facsimile to 907–772–5995. record preliminary project ideas and Forest Service All comments, including names and receive public comment on the meeting addresses when provided, are placed in subjects and proceedings. Southern Arizona Resource Advisory the record and are available for public Committee inspection and copying. The public may DATES: The meeting will be held September 16, 2010, from 6 p.m. to 9 inspect comments received at the AGENCY: Forest Service, USDA. Petersburg Ranger District office at 12 p.m. ACTION: North Nordic Drive or the Wrangell ADDRESSES: The meeting will be held at Notice of meeting. Ranger District office at 525 Bennett the Ashley National Forest Supervisor’s Street during regular office hours Office, 355 North Vernal Avenue in SUMMARY: The Southern Arizona (Monday through Friday 8 a.m.–4:30 Vernal, Utah. Written comments should Resource Advisory Committee will meet p.m.). be sent to Ashley National Forest, 355 in Tucson, Arizona. The purpose of the meeting is for the committee members FOR FURTHER INFORMATION CONTACT: North Vernal Avenue, Vernal, UT 84078. Comments may also be sent via to discuss committee protocols, Christopher Savage, Petersburg District operating guidelines, and project Ranger, P.O. Box 1328, Petersburg, e-mail to [email protected], or via proposal requirements. Alaska, 99833, phone (907) 772–3871, e- facsimile to 435–781–5142. mail [email protected], or Robert All comments, including names and DATES: The meeting will be held Dalrymple, Wrangell District Ranger, addresses when provided, are placed in September 14, 2010, beginning at 10 P.O. Box 51, Wrangell, AK 99929, phone the record and are available for public a.m. to approximately 4 p.m. (907) 874–2323, e-mail rdalrymple@fs. inspection and copying. The public may ADDRESSES: The meeting will be held at fed.us. inspect comments received at Ashley National Forest, 355 North Vernal the National Advanced Fire and Individuals who use Avenue, Vernal, UT. Resource Institute (NAFRI) at 3265 E. telecommunication devices for the deaf Universal Way, Tucson, Arizona 85756. (TDD) may call the Federal Information FOR FURTHER INFORMATION CONTACT: Relay Service (FIRS) at 1–800–877–8339 Louis Haynes, RAC Coordinator, Ashley Send written comments to Jennifer between 8 a.m. and 8 p.m., Eastern National Forest, (435) 781–5105; e-mail: Ruyle, RAC Coordinator, Southern Standard Time, Monday through Friday. [email protected]. Arizona Resource Advisory Committee, Individuals who use c/o Coronado National Forest, 300 W. SUPPLEMENTARY INFORMATION: The telecommunication devices for the deaf Congress, Tucson, Arizona 85701 or meeting is open to the public. The (TDD) may call the Federal Information electronically to [email protected]. following business will be conducted: Relay Service (FIRS) at 1–800–877–8339 Evaluation of project proposals and FOR FURTHER INFORMATION CONTACT: between 8 a.m. and 8 p.m., Eastern recommendation of projects for funding. Jennifer Ruyle, Coronado National Standard Time, Monday through Friday. Persons who wish to bring related Forest, (520) 388–8351. matters to the attention of the SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The Committee may file written statements meeting is open to the public. The meeting is open to the public and with the Committee staff before or after following business will be conducted: opportunity for public input will be the meeting. A public input session will (1) Welcome and Committee be provided beginning at 9 a.m. on introductions; (2) Federal Advisory provided. Committee discussion is September 11th . Committee Act overview; (3) review of limited to Forest Service staff and Payments to States legislative history Committee members. However, persons Dated: August 19, 2010. and discussion of requirements related who wish to bring Public Law 110–343 Christopher S. Savage, to Title II and Title III funding; (4) related matters to the attention of the District Ranger. discussion of Committee member roles Committee may file written statements [FR Doc. 2010–21338 Filed 8–26–10; 8:45 am] and operational guidelines; (5) with the Committee staff before or after BILLING CODE 3410–11–P discussion of preliminary project ideas; the meeting.

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Dated: August 19, 2010. Sale number four hundred ninety-five SUPPLEMENTARY INFORMATION: The Robert Lee, (495), executed in San Juan, Puerto meeting will take place from 9 a.m. to Acting Deputy Forest Supervisor, Coronado Rico, on October twenty-one of nineteen 3:30 p.m. This meeting is open to the National Forest. ninety-seven (October 21, 1997), before public and time will be permitted for [FR Doc. 2010–21152 Filed 8–25–10; 8:45 am] Notary Public Miquel Bauza Rolon. Said public comment from 3–3:30 p.m. BILLING CODE 3410–11–P property being USDA–FSA Property Written comments concerning ETTAC #63–006–00044 (Montes-Mandes); being affairs are welcome any time before or comprised of a tract of 214.208 cuerdas, after the meeting. Minutes will be DEPARTMENT OF AGRICULTURE a tract of 106.04 cuerdas, and a tract of available within 30 days of this meeting. 36.70 cuerdas; and being located at PR# The ETTAC is mandated by Public Forest Service 712, km. 10.5 Int. and PR# 7712, Palo Law 103–392. It was created to advise Sector, Carmen Ward, Guayama, PR. the U.S. government on environmental Transfer of Land to Forest Service 2. That real property acquired by the trade policies and programs, and to help AGENCY: Forest Service, USDA. USDA–FSA through a Deed of Judicial it to focus its resources on increasing ACTION: Notice of land transfer. Sale number three (3), executed in San the exports of the U.S. environmental Juan, Puerto Rico, on July eleventh of industry. ETTAC operates as an SUMMARY: On January 13, 2010, the nineteen ninety-four (July 11, 1994), advisory committee to the Secretary of Deputy Administrator of the Farm before Notary Public Bolivar Dones Commerce and the Trade Promotion Service Agency, U.S. Department of Rivera, pending for recording at the date Coordinating Committee (TPCC). Agriculture, and on March 16, 2010, the at page #402, diary #284 of the Register ETTAC was originally chartered in May Deputy Chief of the Forest Service, U.S. of Property, Section of Manati. Said of 1994. It was most recently re- Department of Agriculture, respectively property being USDA–FSA Property chartered until September 2010. signed a land transfer agreement #63–031–00114 (Guevara-Delgado); Dated: August 23, 2010. being comprised of a tract of 20.00 transferring administrative jurisdiction Edward A. O’Malley, of certain Federally owned lands in the cuerdas and a tract of 68.00 cuerdas; and being located at PR# 667, km. 1.8, Director, Office of Energy and Environmental Commonwealth of Puerto Rico from the Industries. Farm Service Agency to the Forest Int. Florida Afuera Ward, Florida, PR. [FR Doc. 2010–21370 Filed 8–26–10; 8:45 am] Service. This administrative transfer is Dated: August 11, 2010. BILLING CODE 3510–DR–P authorized by Section 354 of the Joel Holtrop, Consolidated Farm and Rural Deputy Chief, NFS. Development Act (Title 7 U.S.C. 2002). DEPARTMENT OF COMMERCE Pursuant to the land transfer [FR Doc. 2010–21361 Filed 8–26–10; 8:45 am] BILLING CODE 3410–11–P agreement between the Farm Service International Trade Administration Agency and the Forest Service, the approximately 432.14 acres referenced [A–570–890] in this notice are hereafter to be DEPARTMENT OF COMMERCE Wooden Bedroom Furniture From the managed as components of the National Environmental Technologies Trade People’s Republic of China: Extension Forest System under the administrative Advisory Committee (ETTAC) of Preliminary Results of Antidumping jurisdiction of the Forest Service. Duty New Shipper Review DATES: This notice is effective August AGENCY: International Trade 27, 2010. Administration, U.S. Department of AGENCY: Import Administration, FOR FURTHER INFORMATION CONTACT: Commerce. International Trade Administration, Louisa Herrera, National Title Claims ACTION: Notice of open meeting. Department of Commerce. Program Manager, Lands and Realty EFFECTIVE DATE: August 27, 2010. SUMMARY: The Environmental Management, USDA, Forest Service, FOR FURTHER INFORMATION CONTACT: Technologies Trade Advisory (202) 205–1255. Committee (ETTAC) will hold its Jeffrey Pedersen or Rebecca Pandolph, SUPPLEMENTARY INFORMATION: The land quarterly meeting to discuss AD/CVD Operations, Office 4, Import transfer is authorized by Title 7, United environmental technologies industry Administration, International Trade States Code, section 2002, in that the competitiveness issues, the National Administration, U.S. Department of lands have special management Export Initiative, and general Committee Commerce, 14th Street and Constitution importance and are environmentally administrative items. Avenue, NW, Washington, DC 20230; sensitive within the Jobos Bay National telephone: (202) 482–2769 or (202) 482– DATES: September 21, 2010. Estuarine Research Reserve Watershed 3627, respectively. ADDRESSES: U.S. Department of and the core segment of the Karst Belt. SUPPLEMENTARY INFORMATION: In accordance with Title 7, United Commerce, 1401 Constitution Avenue, Background States Code, section 2002(b), the NW., Washington, DC 20230, Room requisite conditions of public notices of 6029. On March 5, 2010, the Department of the transfer have been met by the Farm FOR FURTHER INFORMATION CONTACT: Commerce (‘‘Department’’) published a Service Agency, including consultation Ellen Bohon, Office of Energy and notice of initiation of new shipper with the Governor of Puerto Rico and Environmental Technologies Industries reviews of the antidumping duty order with elected municipal officials. (OEEI), International Trade on wooden bedroom furniture from the The land transfer consists of two Administration, U.S. Department of People’s Republic of China. See Wooden separate parcels of land with one parcel Commerce at (202) 482–0359. This Bedroom Furniture from the People’s consisting of two tracts and the other meeting is physically accessible to Republic of China: Initiation of parcels consisting of three tracts, people with disabilities. Requests for Antidumping Duty New Shipper described as follows: sign language interpretation or other Reviews, 75 FR 10214 (March 5, 2010). 1. That real property acquired by the auxiliary aids should be directed to The period of the reviews is January 1, USDA–FSA through a Deed of Judicial OEEI at (202) 482–5225. 2009, through December 31, 2009. The

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preliminary results of the new shipper DEPARTMENT OF COMMERCE and to extend the 90-day period to 150 reviews are currently due no later than days. The Department determines that August 28, 2010. International Trade Administration this new shipper review involves [A–533–824] extraordinarily complicated Extension of Time Limits for methodological issues, including the Preliminary Results Polyethylene Terephthalate Film, Sheet examination of importer and customer Section 751(a)(2)(B)(iv) of the Tariff and Strip From India: Extension of information. Additional time is also required to ensure that the Department Act of 1930, as amended (‘‘Act’’), and 19 Time Limit for Preliminary Results of can include SRF’s supplemental CFR 351.214(i)(1) require the Antidumping Duty New Shipper questionnaire response in its Department to issue the preliminary Review examination of the bona fides of SRF’s results in a new shipper review of an AGENCY: Import Administration, sale. antidumping duty order 180 days after International Trade Administration, Therefore, the Department is the date on which the review is Department of Commerce. extending the deadline for completion initiated. The Department may, EFFECTIVE DATE: August 27, 2010. of the preliminary results of this new however, extend the deadline for FOR FURTHER INFORMATION CONTACT: Elfi shipper review by a total of 54 days, in completion of the preliminary results of Blum, Import Administration, accordance with section 751(a)(2)(B)(iv) a new shipper review to 300 days if it International Trade Administration, of the Act and 19 CFR 351.214(i)(2). determines that the case is U.S. Department of Commerce, 14th Accordingly, the deadline for the extraordinarily complicated. See section Street and Constitution Avenue, NW, completion of these preliminary results 751(a)(2)(B)(iv) of the Act and 19 CFR Washington, DC 20230; telephone: (202) is now no later than October 22, 2010. 351.214(i)(2). 482–0197. This notice is issued and published pursuant to sections 751(a)(2)(B)(iv) and The Department finds that these new SUPPLEMENTARY INFORMATION: shipper reviews are extraordinarily 777(i)(1) of the Act. Background complicated and, therefore, it requires Dated: August 18, 2010. additional time to complete the On March 9, 2010, the Department of Edward C. Yang, preliminary results. Specifically, the Commerce (the Department) published Acting Deputy Assistant Secretary for Department requires additional time to the initiation of the new shipper review Antidumping and Countervailing Duty examine surrogate value information in of the antidumping duty order on Operations. these reviews. The Department’s ability polyethylene terephthalate film, sheet [FR Doc. 2010–21421 Filed 8–26–10; 8:45 am] to examine this information has been and strip from India for the period July BILLING CODE 3510–DS–S limited because of the considerable 1, 2009 through December 31, 2009. See resources required to complete the final Polyethylene Terephthalate Film, Sheet DEPARTMENT OF COMMERCE results of the recent administrative and Strip from India: Initiation of Antidumping Duty and Countervailing review of the antidumping duty order Duty New Shipper Reviews, 75 FR 10758 International Trade Administration on wooden bedroom furniture from the (March 9, 2010). This new shipper [C–533–825] People’s Republic of China. review covers one producer and Accordingly, we are extending the time exporter of the subject merchandise to Polyethylene Terephthalate Film, Sheet for the completion of the final results of the United States: SRF Limited. The and Strip From India: Extension of these reviews by 120 days, until preliminary results of this review are Time Limit for Preliminary Results of December 26, 2010. However, December currently due no later than August 29, Countervailing Duty New Shipper 26, 2010, falls on a Sunday, and it is the 2010. See Notice of Clarification: Review Department’s long–standing practice to Application of ‘‘Next Business Day’’ Rule AGENCY: issue a determination on the next for Administrative Determination Import Administration, business day when the statutory Deadlines Pursuant to the Tariff Act of International Trade Administration, deadline falls on a weekend. See Notice 1930, As Amended, 70 FR 24533 (May Department of Commerce. of Clarification: Application of ‘‘Next 10, 2005). EFFECTIVE DATE: August 27, 2010. Business Day’’ Rule for Administrative FOR FURTHER INFORMATION CONTACT: Elfi Extension of Time Limit for the Determination Deadlines Pursuant to Blum, Import Administration, Preliminary Results the Tariff Act of 1930, As Amended, 70 International Trade Administration, FR 24533 (May 10, 2005). Accordingly, Section 751(a)(2)(B)(iv) of the Tariff U.S. Department of Commerce, 14th the deadline for completion of the final Act of 1930, as amended (the Act), and Street and Constitution Avenue, NW, results of these reviews is now no later section 351.214(i)(1) of the Department’s Washington, DC 20230; telephone: (202) than December 27, 2010. regulations require the Department to 482–0197. issue the preliminary results of a review SUPPLEMENTARY INFORMATION: This notice is published in within 180 days after the date on which accordance with section 751(a)(2)(B)(iv) the new shipper review was initiated, Background of the Act and 19 CFR 351.214(i)(2). and final results of the review within 90 On March 9, 2010, the Department of Date: August 23, 2010. days after the date on which the Commerce (the Department) published Edward C. Yang, preliminary results were issued. the initiation of the new shipper review However, if the Department concludes of the countervailing duty order on Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty that a new shipper review is polyethylene terephthalate film, sheet Operations. extraordinarily complicated, section and strip from India for the period 751(a)(2)(B)(iv) of the Act and section January 1, 2009 through December 31, [FR Doc. 2010–21406 Filed 8–26–10; 8:45 am] 351.214(i)(2) of the Department’s 2009. See Polyethylene Terephthalate BILLING CODE 3510–DS–S regulations allow the Department to Film, Sheet and Strip from India: extend the 180-day period to 300 days, Initiation of Antidumping Duty and

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Countervailing Duty New Shipper DEPARTMENT OF COMMERCE On April 19 and June 3, 2010, we Reviews, 75 FR 10758 (March 9, 2010). requested further information and This new shipper review covers one International Trade Administration documentation from Srikanth to producer and exporter of the subject [A–533–840] substantiate its claim to be the merchandise to the United States: SRF successor-in-interest to NGR. Srikanth Limited. The preliminary results of this Certain Frozen Warmwater Shrimp submitted this information on May 6 review are currently due no later than From India: Final Results of and June 17, 2010, respectively. On July the first business day after August 29, Antidumping Duty Changed 28, 2010, the Department preliminarily 2010. See Notice of Clarification: Circumstances Review determined that Srikanth is the Application of ‘‘Next Business Day’’ Rule successor-in-interest to NGR for AGENCY: Import Administration, purposes of determining antidumping for Administrative Determination International Trade Administration, liability. See Preliminary Results, 75 FR Deadlines Pursuant to the Tariff Act of Department of Commerce. at 44230. In the Preliminary Results, we 1930, As Amended, 70 FR 24533 (May DATES: Effective Date: August 27, 2010. provided all interested parties with an 10, 2005). SUMMARY: On July 28, 2010, the opportunity to comment or request a Extension of Time Limit for the Department of Commerce (the public hearing regarding our finding Preliminary Results Department) published a notice of that Srikanth is the successor-in-interest preliminary results of changed to NGR. We received no comments or Section 751(a)(2)(B)(iv) of the Tariff circumstances review of the requests for a public hearing from Act of 1930, as amended (the Act), and antidumping duty order on certain interested parties within the time period section 351.214(i)(1) of the Department’s frozen warmwater shrimp (shrimp) from set forth in the Preliminary Results. regulations require the Department to India. See Certain Frozen Warmwater Scope of the Order issue the preliminary results of a review Shrimp From India: Final Results of The scope of this order includes within 180 days after the date on which Antidumping Duty Changed certain frozen warmwater shrimp and the new shipper review was initiated, Circumstances Review, 75 FR 44229 prawns, whether wild-caught (ocean and final results of the review within 90 (July 28, 2010) (Preliminary Results). In harvested) or farm-raised (produced by days after the date on which the that notice, we preliminarily determined that Srikanth International aquaculture), head-on or head-off, shell- preliminary results were issued. on or peeled, tail-on or tail-off,1 However, if the Department concludes (Srikanth) is the successor-in-interest to NGR Aqua International (NGR) for deveined or not deveined, cooked or that a new shipper review is raw, or otherwise processed in frozen extraordinarily complicated, section purposes of determining antidumping liability. No interested party submitted form. 751(a)(2)(B)(iv) of the Act and section The frozen warmwater shrimp and comments on, or requested a public 351.214(i)(2) of the Department’s prawn products included in the scope of hearing to discuss, the Preliminary regulations allow the Department to this order, regardless of definitions in Results. Therefore, for these final extend the 180-day period to 300 days, the Harmonized Tariff Schedule of the results, the Department continues to and to extend the 90-day period to 150 United States (HTSUS), are products find that Srikanth is the successor-in- which are processed from warmwater days. This review is extraordinarily interest to NGR. complicated because the Department is shrimp and prawns through freezing FOR FURTHER INFORMATION CONTACT: analyzing certain programs not and which are sold in any count size. Blaine Wiltse; AD/CVD Operations, previously examined and evaluated in The products described above may be Office 2, Import Administration, processed from any species of this proceeding. Therefore, the International Trade Administration, Department is extending the deadline warmwater shrimp and prawns. U.S. Department of Commerce, 14th Warmwater shrimp and prawns are for completion of the preliminary Street and Constitution Avenue, NW., results of this new shipper review by a generally classified in, but are not Washington, DC 20230; telephone: (202) limited to, the Penaeidae family. Some total of 85 days. Further, the Department 482–6345. intends to conduct a verification of the examples of the farmed and wild-caught SUPPLEMENTARY INFORMATION: warmwater species include, but are not information SRF provided on the limited to, whiteleg shrimp (Penaeus record. Accordingly, the deadline for Background vannemei), banana prawn (Penaeus the completion of these preliminary On February 3, 2010, Srikanth merguiensis), fleshy prawn (Penaeus results is now no later than November requested that the Department conduct chinensis), giant river prawn 22, 2010. an expedited changed circumstances (Macrobrachium rosenbergii), giant tiger This notice is issued and published review under 19 CFR 351.221(c)(3)(iii) prawn (Penaeus monodon), redspotted pursuant to sections 751(a)(2)(B)(iv) and to determine whether it is the successor- shrimp (Penaeus brasiliensis), southern 777(i)(1) of the Act. in-interest to NGR for purposes of brown shrimp (Penaeus subtilis), determining antidumping liability. On Dated: August 18, 2010. southern pink shrimp (Penaeus April 1, 2010, the Department initiated notialis), southern rough shrimp Edward C. Yang, a changed circumstances review but did (Trachypenaeus curvirostris), southern Acting Deputy Assistant Secretary for not expedite the review, as requested by white shrimp (Penaeus schmitti), blue Antidumping and Countervailing Duty Srikanth, because questions remained shrimp (Penaeus stylirostris), western Operations. regarding the completeness of the white shrimp (Penaeus occidentalis), [FR Doc. 2010–21404 Filed 8–26–10; 8:45 am] factual statements forming the basis of and Indian white prawn (Penaeus BILLING CODE 3510–DS–S Srikanth’s changed circumstances indicus). review request. See Certain Frozen Frozen shrimp and prawns that are Warmwater Shrimp From India: packed with marinade, spices or sauce Initiation of Antidumping Duty Changed Circumstances Review, 75 FR 16436 1 ‘‘Tails’’ in this context means the tail fan, which (Apr. 1, 2010). includes the telson and the uropods.

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are included in the scope of this order. most recently completed review of the Committee and a meeting of the Full In addition, food preparations, which antidumping duty order on shrimp from Council. The Council will take action as are not ‘‘prepared meals,’’ that contain India. See Certain Frozen Warmwater necessary. more than 20 percent by weight of Shrimp From India: Final Results of The Council will also hold an shrimp or prawn are also included in Antidumping Duty Administrative informal public question and answer the scope of this order. Review, Partial Rescission of Review, session, and a public comment session Excluded from the scope are: (1) and Notice of Revocation of Order in regarding agenda items. As part of the Breaded shrimp and prawns (HTSUS Part, 75 FR 41813, 41816 (Jul. 19, 2010). meeting, newly appointed Council subheading 1605.20.10.20); (2) shrimp Consequently, the Department will members will take the Oath of Office. and prawns generally classified in the instruct U.S. Customs and Border See SUPPLEMENTARY INFORMATION for Pandalidae family and commonly Protection to suspend liquidation of all additional details. referred to as coldwater shrimp, in any shipments of subject merchandise DATES: The meeting will be held state of processing; (3) fresh shrimp and produced and exported by Srikanth and September 13–17, 2010. See prawns whether shell-on or peeled entered, or withdrawn from warehouse, SUPPLEMENTARY INFORMATION for specific (HTSUS subheadings 0306.23.00.20 and for consumption on or after the dates and times. 0306.23.00.40); (4) shrimp and prawns publication date of this notice in the ADDRESSES: The meeting will be held at in prepared meals (HTSUS subheading Federal Register at 2.67 percent, which the Charleston Marriott Hotel, 170 1605.20.05.10); (5) dried shrimp and is the current cash deposit rate for NGR. Lockwood Boulevard, Charleston, SC prawns; (6) canned warmwater shrimp See, e.g., Final Results of Antidumping 29403; Telephone: 1–800/968–3569 or and prawns (HTSUS subheading Duty Changed Circumstances Review: 843/723–3000; Fax 843–266–1479. 1605.20.10.40); (7) certain dusted Certain Circular Welded Non-Alloy Copies of documents are available from shrimp; and (8) certain battered shrimp. Steel Pipe and Tube From Mexico, 74 Kim Iverson, Public Information Officer, Dusted shrimp is a shrimp-based FR 41681, 41682 (Aug., 18, 2009). This South Atlantic Fishery Management product: (1) That is produced from fresh cash deposit requirement shall remain Council, 4055 Faber Place Drive, Suite (or thawed-from-frozen) and peeled in effect until further notice. 201, North Charleston, SC 29405. shrimp; (2) to which a ‘‘dusting’’ layer of We are issuing this determination and FOR FURTHER INFORMATION CONTACT: Kim rice or wheat flour of at least 95 percent publishing these final results and notice Iverson, Public Information Officer; purity has been applied; (3) with the in accordance with sections 751(b)(1) telephone: 843/571–4366 or toll free at entire surface of the shrimp flesh and 777(i)(1) and (2) of the Tariff Act of thoroughly and evenly coated with the 1930, as amended, and 19 CFR 351.216 866/SAFMC–10; fax: 843/769–4520; flour; (4) with the non-shrimp content of and 351.221(c)(3). email: [email protected]. SUPPLEMENTARY INFORMATION: the end product constituting between Dated: August 23, 2010. four and 10 percent of the product’s Ronald K. Lorentzen, Meeting Dates total weight after being dusted, but prior Deputy Assistant Secretary for Import New Council member Oath of Office: to being frozen; and (5) that is subjected Administration. to IQF freezing immediately after September 13, 2010, 1:30 p.m. until 1:45 [FR Doc. 2010–21418 Filed 8–26–10; 8:45 am] application of the dusting layer. p.m. Battered shrimp is a shrimp-based BILLING CODE 3510–DS–P NOAA Fisheries’ Regional product that, when dusted in Administrator will administer the Oath accordance with the definition of DEPARTMENT OF COMMERCE of Office to new members appointed to dusting above, is coated with a wet the Council by the Secretary of viscous layer containing egg and/or National Oceanic and Atmospheric Commerce. milk, and par-fried. Administration The products covered by this order Spiny Lobster Committee: September 13, are currently classified under the RIN 0648–XY52 2010, 1:45 p.m. until 3:30 p.m. following HTSUS subheadings: The Spiny Lobster Committee will South Atlantic Fishery Management 0306.13.00.03, 0306.13.00.06, continue to review actions for Council; Public Meetings 0306.13.00.09, 0306.13.00.12, Amendment 10 to the joint Fishery 0306.13.00.15, 0306.13.00.18, AGENCY: National Marine Fisheries Management Plan (FMP) for Spiny 0306.13.00.21, 0306.13.00.24, Service (NMFS), National Oceanic and Lobster for Gulf of Mexico and South 0306.13.00.27, 0306.13.00.40, Atmospheric Administration (NOAA), Atlantic. Amendment 10 will address 1605.20.10.10, and 1605.20.10.30. These Commerce. the requirements of the Reauthorized HTSUS subheadings are provided for ACTION: Notice of public meetings. Magnuson-Stevens Fishery convenience and for customs purposes Conservation and Management Act only and are not dispositive, but rather SUMMARY: The South Atlantic Fishery (MSA) including establishment of the written description of the scope of Management Council will hold a Annual Catch Limits (ACLs) and this order is dispositive. meeting of its Spiny Lobster Committee, Accountability Measures (AMs). The King and Spanish Mackerel Committee, Committee will review draft Spiny Final Results of Changed Personnel Committee (Closed Session), Lobster Amendment 10 and the Draft Circumstances Review Ecosystem-Based Management Environmental Impact Statement (DEIS) For the reasons stated in the Committee, Law Enforcement and provide direction to staff. Preliminary Results, and because we Committee, Joint Executive and Finance received no comments from interested Committees, Southeast Data, King and Spanish Mackerel Committee parties to the contrary, the Department Assessment, and Review (SEDAR) Meeting: September 13, 2010, 3:30 p.m. continues to find that Srikanth is the Committee, Snapper Grouper until 5:30 p.m. successor-in-interest to NGR. As a result Committee, Advisory Panel Selection The Mackerel Committee will of this determination, we find that Committee (Closed Session), Golden continue to review actions for draft Srikanth should receive the cash deposit Crab Committee, Standard Operating, Amendment 18 to the FMP for Coastal rate previously assigned to NGR in the Policy and Procedures (SOPPs) Migratory Pelagic Resources for the Gulf

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of Mexico and South Atlantic Region. Snapper Grouper Committee Meeting: Golden Crab, Sargassum, and Dolphin Amendment 18 addresses requirements September 14, 2010, 4 p.m. until 5 p.m., Wahoo fishery management units. of the MSA to set ACLs and AMs for and September 15, 2010, 8:30 a.m. until The Committee will also review a species managed in the FMP. The 5 p.m. letter from the Florida Fish and Wildlife Committee will review the draft The Snapper Grouper Committee will Conservation Commission to Dr. Bob amendment and Environmental receive a report on outreach and Shipp, Chairman of the Gulf of Mexico Assessment and provide direction to research activities associated with the Fishery Management Council relative to staff. Oculina Bank Experimental Closed Florida management and provide guidance to staff. Personnel Committee Meeting (CLOSED Area, a report from the Council’s SSC, NOTE: There will be an informal SESSION): September 13, 2010, 5:30 and a presentation on the analysis of public question and answer session p.m. until 6 p.m. closure alternatives relative to potential changes from the red snapper with NOAA Fisheries Services’ Regional The personnel committee will meet in benchmark assessment. The Committee Administrator and the Council closed session to discuss the current will provide direction to staff regarding Chairman on September 15, 2010 status of staff positions and review the approaches and mechanisms for beginning at 5:30 p.m. Executive Director’s recommendations. consideration at the December 2010 Advisory Panel Selection Committee Ecosystem-Based Management Council meeting relative to red snapper. Meeting: September 16, 2010, 8:30 a.m. Committee Meeting: September 14, The Committee will review until 10 a.m. (CLOSED SESSION) 2010, 8:30 a.m. until 10:30 a.m. Amendment 18 to the Snapper Grouper Fishery Management Plan (FMP) and The Advisory Panel Selection The Ecosystem-Based Management Committee will review applications for Committee will receive an overview of provide recommendations for approval of the amendment for public hearings. open seats and provide the actions and alternatives currently in recommendations to Council. draft Comprehensive Ecosystem-Based Amendment 18 includes actions to Amendment 2, and the Comprehensive extend the range of the snapper grouper Golden Crab Committee Meeting: ACL Amendment, including the management complex northward, September 16, 2010, 10 a.m. until 11 recommendations from the Council’s modifications to the golden tilefish and a.m. black sea bass pot commercial fisheries, Scientific and Statistical Committee The Golden Crab Committee will (SSC), and provide guidance to staff. and improvements for fisheries statistics. discuss SSC actions relative to the The Committee will also discuss golden crab fishery, review the results of invasive species issues, including input The Committee will review alternatives for Amendments 20, 24 and the Golden Crab AP meeting, and from its advisory panels, and provide receive an update on Amendment 5 to guidance to staff. Regulatory Amendment 9 to the Snapper Grouper FMP and provide the Golden Crab FMP to implement a Law Enforcement Committee Meeting: recommendations for staff. Amendment catch share program for the fishery. September 14, 2010, 10:30 a.m. until 12 20 will modify and update the current SOPPs Committee Meeting: September noon Individual Transferable Quota (ITQ) 16, 2010, 11 a.m. until 12 noon program for wreckfish. Amendment 24 The Law Enforcement Committee will The SOPPs Committee will review the addresses requirements under the MSA review recommendations from its Final Rule addressing council SOPPs, for red grouper and black grouper, advisory panel relative to law develop changes to the SOPPs as including establishment of ACLs, AMs, enforcement issues and discuss other necessary, and provide direction to staff. issues as appropriate. and a rebuilding plan for red grouper. Regulatory Amendment 9 includes Council Session: September 16, 2010, Joint Executive/Finance Committees alternatives to specify trip limits for 1:30 p.m. until 5:30 p.m. and September Meeting: September 14, 2010, 1:30 p.m. black sea bass, vermilion snapper, gag, 17, 2010, 8:30 a.m. until 12 noon until 2:30 p.m. and greater amberjack and to address Council Session: September 16, 2010, The joint Executive/Finance possible changes for the requirement of 1:30 p.m. until 5:30 p.m. Committees will receive updates on the sea turtle release gear within the Calendar Year 2010 budget and snapper grouper fishery. From 1:30 p.m. – 2 p.m., the Council additional SEDAR funding, discuss a The Committee will also review will call the meeting to order, adopt the letter relative to Florida’s management options papers for Amendments 21 and agenda, approve the June 2010 meeting of spiny lobster, octocorals, and several 22, and provide guidance to staff. minutes, and elect a Chairman and Vice- reef fish species, and future timeliness Amendment 21 addresses alternatives Chairman. of recreational data for management for management of the snapper grouper NOTE: A public comment period on purposes. fishery including: implementation of any of the September meeting agenda trip limits, effort and participation items will be held on September 16, SEDAR Committee Meeting: September reductions, endorsements, catch shares, 2010 beginning at 2 p.m. 14, 2010, 2:30 p.m. until 4 p.m. and regional quotas. The SEDAR Committee will develop Amendment 22 includes options for From 3 p.m. – 3:45 p.m., the Council recommendations for SEDAR long-term management measures for red will receive a report from the Spiny participants and approve sea bass snapper in the South Atlantic as the Lobster Committee and take action as update documents, review the Council’s stock rebuilds. The Committee will also appropriate. research plan, develop review management alternatives for the From 3:45 p.m. – 4 p.m., the Council recommendations relative to Council Comprehensive ACL Amendment that will receive a report from the Mackerel stock assessment priorities and other will specify ACLs, AMs and other Committee and take action as issues for the next SEDAR Steering values as mandated in the MSA for appropriate. Committee meeting, and review and species managed by the Council and not From 4 p.m. – 4:15 p.m., the Council provide recommendations regarding a subject to overfishing. This includes will receive a report from the SEDAR participant disclosure form. species in the Snapper Grouper, Coral, Ecosystem-Based Management

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Committee and take action as Requests for sign language U.S.C. 1361 et seq.), and the regulations appropriate. interpretation or other auxiliary aids governing the taking and importing of From 4:15 p.m. – 4:30 p.m., the should be directed to the Council office marine mammals (50 CFR part 216). Council will receive a report from the (see ADDRESSES) by September 8, 2010. In compliance with the National Law Enforcement Committee and take August 24, 2010. Environmental Policy Act of 1969 (42 action as appropriate. William D. Chappell, U.S.C. 4321 et seq.), a final From 4:30 p.m. – 5 p.m., the Council determination has been made that the will receive a legal briefing (CLOSED Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. activity proposed is categorically SESSION). excluded from the requirement to [FR Doc. 2010–21340 Filed 8–26–10; 8:45 am] prepare an environmental assessment or Council Session: September 17, 2010, BILLING CODE 3510–22–S 8:30 a.m. until 12 noon environmental impact statement. From 8:30 a.m. – 8:45 a.m., the Dated: August 23, 2010. Council will receive a report from the DEPARTMENT OF COMMERCE P. Michael Payne, Executive/Finance Committees and take Chief, Permits, Conservation and Education National Oceanic and Atmospheric action as appropriate. Division, Office of Protected Resources, From 8:45 a.m. – 9 a.m., the Council Administration National Marine Fisheries Service. will receive a report from the SEDAR RIN 0648–XX08 [FR Doc. 2010–21407 Filed 8–26–10; 8:45 am] Committee and take action as BILLING CODE 3510–22–S appropriate. Marine Mammals; File No. 15471 From 9 a.m. – 9:30 a.m., the Council AGENCY: National Marine Fisheries will receive a report from the Snapper DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and Grouper Committee and take action as Atmospheric Administration (NOAA), appropriate. International Trade Administration Commerce. From 9:30 a.m. – 9:45 a.m., the [C–570–923] Council will receive a report from the ACTION: Notice; issuance of permit. Advisory Panel Selection Committee SUMMARY: Notice is hereby given that Raw Flexible Magnets From the and take action as appropriate. Michael Adkesson, D.V.M., Chicago People’s Republic of China: Notice of From 9:45 a.m. – 10 a.m., the Council Zoological Society, 3300 Golf Rd., Rescission of Countervailing Duty New will receive a report from the Golden Brookfield, IL 60527, has been issued a Shipper Review Crab Committee and take action as permit to import specimens from South appropriate. AGENCY: Import Administration, From 10 a.m. – 10:15 a.m., the American fur seals for scientific International Trade Administration, Council will receive a report from the research. Department of Commerce. SOPPs Committee and take action as ADDRESSES: The permit and related EFFECTIVE DATE: August 27, 2010. appropriate. documents are available for review SUMMARY: In response to a request from From 10:15 a.m. 12 noon, the Council upon written request or by appointment Jingzhou Meihou Flexible Magnet will receive status reports from NOAA in the following office(s): Company, Ltd. (Jingzhou Meihou), the Fisheries’ Southeast Regional Office, Permits, Conservation and Education Department of Commerce (the NOAA Fisheries’ Southeast Fisheries Division, Office of Protected Resources, Department) initiated a new shipper Science Center, review Experimental NMFS, 1315 East-West Highway, Room review of the countervailing duty (CVD) Fishing Permits as necessary, receive 13705, Silver Spring, MD 20910; phone order on raw flexible magnets from the agency and liaison reports, and discuss (301)713–2289; fax (301)713–0376; and People’s Republic of China (PRC) other business including upcoming Northeast Region, NMFS, 55 Great covering the period January 1, 2009, meetings. Republic Drive, Gloucester, MA 01930; through February 28, 2010. Documents regarding these issues are phone (978)281–9328; fax (978) 281– The Department has determined that available from the Council office (see 9394; Jingzhou Meihou is not eligible for a ADDRESSES). FOR FURTHER INFORMATION CONTACT: CVD new shipper review because of its Although non-emergency issues not Laura Morse or Jennifer Skidmore, affiliation with an exporter of subject contained in this agenda may come (301)713–2289. merchandise to the United States during before this Council for discussion, those SUPPLEMENTARY INFORMATION: On June the CVD period of investigation (POI). issues may not be the subjects of formal As such, we are rescinding this CVD final Council action during this meeting. 29, 2010, notice was published in the Federal Register (75 FR 37389) that a new shipper review with respect to Council action will be restricted to those Jingzhou Meihou. issues specifically listed in this notice request for a permit to import biological FOR FURTHER INFORMATION CONTACT: and any issues arising after publication samples taken for scientific research of this notice that require emergency from South American fur seals Kristen Johnson, Antidumping and action under section 305 (c) of the (Arctocephalus australis) had been Countervailing Duty Operations, Office Magnuson-Stevens Act, provided the submitted by the above-named 3, Import Administration, International public has been notified of the Council’s applicant. These samples are part of an Trade Administration, U.S. Department intent to take final action to address the ongoing health assessment studies in of Commerce, 14th Street and emergency. Punta San Juan, Peru. There will be no Constitution Avenue, NW, Room 4014, Except for advertised (scheduled) non-target species taken incidentally Washington, DC 20230, telephone: (202) public hearings and public comment, under this permit because the permit 482–4793. the times and sequence specified on this would only cover import and possession SUPPLEMENTARY INFORMATION: agenda are subject to change. of samples from animals taken legally under other permits. The requested Background Special Accommodations permit has been issued under the The CVD order on raw flexible These meetings are physically authority of the Marine Mammal magnets from the PRC was published on accessible to people with disabilities. Protection Act of 1972, as amended (16 September 17, 2008. See Raw Flexible

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Magnets From the People’s Republic of shipper review. We provided interested Administrator) has granted a request for China: Countervailing Duty Order, 73 parties the opportunity to submit an affirmative finding to the FR 53849 (September 17, 2008). On comments on the Affiliation Government of Spain under the Marine March 29, 2010, pursuant to section Memorandum. On August 6, 2010, Mammal Protection Act (MMPA). This 751(a)(2)(B)(i) of the Tariff Act of 1930, Jingzhou Meihou submitted a letter to affirmative finding will allow yellowfin as amended (the Act), and 19 CFR the Department expressing disagreement tuna harvested in the eastern tropical 351.214(c), the Department received a with the Department’s decision Pacific Ocean (ETP) in compliance with timely request for a new shipper review regarding affiliation.4 Jinzhou Meihou, the International Dolphin Conservation from Jingzhou Meihou. On April 22, however, stated that it would respect Program (IDCP) by Spanish flag purse 2010, the Department found that the the Department’s decision that the CVD seine vessels or purse seine vessels request for review with respect to new shipper review be rescinded.5 operating under Spanish jurisdiction to Jinzhou Meihou met all of the regulatory Petitioner did not submit any comments be imported into the United States. The requirements set forth in 19 CFR on the Affiliation Memorandum to the affirmative finding was based on review 351.214(b) and initiated a CVD new Department. As such, we are rescinding of documentary evidence submitted by shipper review. See Raw Flexible the CVD new shipper review with the Government of Spain and obtained Magnets from the People’s Republic of respect to Jinzhou Meihou and are not from the Inter-American Tropical Tuna China: Initiation of Countervailing Duty calculating a company–specific rate for Commission (IATTC) and the U.S. New Shipper Review, 75 FR 22741 the company. Department of State. 1 (April 30, 2010). DATES: The affirmative finding is On May 5, 2010, we issued a CVD Notification Regarding Administrative Protective Order effective from April 1, 2010, through questionnaire to Jingzhou Meihou and March 31, 2015, subject to annual received the company’s response on This notice also serves as the only review by NMFS. June 21, 2010.2 On June 28, 2010, reminder to parties subject to FOR FURTHER INFORMATION CONTACT: Magnum Magnetics Corporation, the administrative protective order (APO) of Regional Administrator, Southwest petitioner, submitted to the Department their responsibility concerning the Region, NMFS, 501 West Ocean comments on Jinzhou Meihou’s disposition of proprietary information Boulevard, Suite 4200, Long Beach, CA questionnaire response.3 In its disclosed under APO in accordance 90802–4213; 562–980–4000; (fax) 562– submission, petitioner argued that with 19 CFR 351.305(a)(3). Timely 980–4018. Jingzhou Meihou is not eligible for a written notification of the return or SUPPLEMENTARY INFORMATION: The new shipper review on the basis that destruction of APO materials or MMPA, 16 U.S.C. 1361 et seq., allows there is a familial affiliation between it conversion to judicial protective order is the entry into the United States of and Dongguan Maghard Flexible Magnet hereby requested. Failure to comply yellowfin tuna harvested by purse seine Co., Ltd. (Dongguan Maghard), a with the regulations and terms of an vessels in the ETP under certain company that exported subject APO is a violation which is subject to conditions. If requested by the merchandise to the United States during sanction. harvesting nation, the Assistant the CVD POI, which was January 1, This notice is published in Administrator will determine whether 2006, through December 31, 2006. accordance with section 777(i) of the to make an affirmative finding based On July 30, 2010, we issued a Act and 19 CFR 351.214(f)(3). memorandum detailing our analysis of upon documentary evidence provided the affiliation issue. See Memorandum Dated: August 23, 2010. by the government of the harvesting to Edward C. Yang, Acting Deputy Edward C. Yang, nation, the IATTC, or the Department of Assistant Secretary, for Antidumping Acting Deputy Assistant Secretary for State. and Countervailing Duty Operations, Antidumping and Countervailing Duty The affirmative finding process from Melissa G. Skinner, Director, Operations. requires that the harvesting nation is Operations, Office 3, regarding [FR Doc. 2010–21412 Filed 8–26–10; 8:45 am] meeting its obligations under the IDCP ‘‘Jingzhou Meihou’s Eligibility for a New BILLING CODE 3510–DS–S and obligations of membership in the Shipper,’’ (July 30, 2010) (Affiliation IATTC. Every 5 years, the government of Memorandum). We found that Jinzhou the harvesting nation must request an DEPARTMENT OF COMMERCE Meihou and Dongguan Maghard are affirmative finding and submit the affiliated companies on the basis of a required documentary evidence directly National Oceanic and Atmospheric to the Assistant Administrator. On an familial connection. We also found that Administration Dongguan Maghard was an exporter of annual basis, NMFS will review the subject merchandise to the United RIN 0648–XY02 affirmative finding and determine States during the CVD POI. We, whether the harvesting nation continues therefore, determined that Jingzhou Taking and Importing of Marine to meet the requirements. A nation may Meihou is not eligible for a CVD new Mammals provide information related to compliance with IDCP and IATTC AGENCY: National Marine Fisheries 1 The Department also initiated an antidumping measures directly to NMFS on an Service (NMFS), National Oceanic and annual basis or may authorize the duty new shipper review with respect to Jingzhou Atmospheric Administration (NOAA), Meihou. See Raw Flexible Magnets from the IATTC to release the information to People’s Republic of China: Initiation of Commerce. NMFS to annually renew an affirmative Countervailing Duty New Shipper Review, 75 FR ACTION: Notice; affirmative finding. 22740 (April 30, 2010). finding determination without an 2 application from the harvesting nation. See Department’s Questionnaire addressed to SUMMARY: The Assistant Administrator An affirmative finding will be Frost Brown Todd, counsel to Jingzhou Meihou, for Fisheries, NMFS, (Assistant regarding ‘‘New Shipper Review: Raw Flexible terminated, in consultation with the Magnets from the People’s Republic of China (May Secretary of State, if the Assistant 5, 2010) and Jingzhou Meihou’s Response to CVD 4 See Letter from Frost Brown Todd regarding Questionnaire (June 21, 2010). ‘‘Jingzhou Meihou’s Eligibility for a New Shipper Administrator determines that the 3 See Petitioner’s ‘‘Rebuttal to Jingzhou Meihou Review’’ (August 6, 2010). requirements of 50 CFR 216.24(f) are no Comments’’ submission (June 28, 2010). 5 Id. longer being met or that a nation is

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consistently failing to take enforcement Disabled published a notice of proposed ACTION: Proposed addition to and actions on violations, thereby addition to the Procurement List. deletion from the Procurement List. diminishing the effectiveness of the After consideration of the material IDCP. presented to it concerning capability of SUMMARY: The Committee is proposing As a part of the affirmative finding qualified nonprofit agency to provide a to add a service to the Procurement List process set forth in 50 CFR 216.24(f), the service and impact of the addition on that will be provided by nonprofit Assistant Administrator considered the current or most recent contractors, agency employing persons who are documentary evidence submitted by the the Committee has determined that the blind or have other severe disabilities Government of Spain and obtained from service listed below is suitable for and deletes a product previously the IATTC and the Department of State procurement by the Federal Government furnished by such agency. Comments Must Be Received on or and has determined that Spain has met under 41 U.S.C. 46–48c and 41 CFR 51– Before: 9/27/2010. the MMPA’s requirements to receive an 2.4. affirmative finding. ADDRESSES: Committee for Purchase After consultation with the Regulatory Flexibility Act Certification From People Who Are Blind or Severely Department of State, the Assistant I certify that the following action will Disabled, Jefferson Plaza 2, Suite 10800, Administrator issued an affirmative not have a significant impact on a 1421 Jefferson Davis Highway, finding to Spain, allowing the continued substantial number of small entities. Arlington, Virginia, 22202–3259. importation into the United States of The major factors considered for this FOR FURTHER INFORMATION CONTACT: For yellowfin tuna and products derived certification were: Further Information or To Submit from yellowfin tuna harvested in the 1. The action will not result in any Comments Contact: Barry S. Lineback, ETP by Spanish-flag purse seine vessels additional reporting, recordkeeping or Telephone: (703) 603–7740, Fax: (703) or purse seine vessels operating under other compliance requirements for small 603–0655, or e-mail CMTEFedReg@ Spanish jurisdiction. Spain’s affirmative entities other than the small AbilityOne.gov. finding will remain valid through March organizations that will provide the SUPPLEMENTARY INFORMATION: This 31, 2015, subject to subsequent annual service to the Government. notice is published pursuant to 41 reviews by NMFS. 2. The action will result in U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Dated: August 20, 2010. authorizing small entities to provide the purpose is to provide interested persons Samuel D. Rauch III, service to the Government. an opportunity to submit comments on Deputy Assistant Administrator for 3. There are no known regulatory the proposed actions. Regulatory Programs, National Marine alternatives which would accomplish Addition Fisheries Service. the objectives of the Javits-Wagner- If the Committee approves the [FR Doc. 2010–21409 Filed 8–26–10; 8:45 am] O’Day Act (41 U.S.C. 46–48c) in proposed addition, the entities of the BILLING CODE S connection with the service proposed for addition to the Procurement List. Federal Government identified in this notice will be required to provide the End of Certification service listed below from a nonprofit COMMITTEE FOR PURCHASE FROM Accordingly, the following service is agency employing persons who are PEOPLE WHO ARE BLIND OR blind or have other severe disabilities. SEVERELY DISABLED added to the Procurement List: Service Regulatory Flexibility Act Certification Procurement List Addition Service Type/Location: Operations and I certify that the following action will AGENCY: Committee for Purchase From Maintenance Service, Federal not have a significant impact on a People Who Are Blind or Severely Aviation Administration, William J. substantial number of small entities. Disabled. Hughes Technical Center (Center- The major factors considered for this ACTION: Addition to the Procurement wide), Atlantic City International certification were: 1. If approved, the action will not List. Airport, NJ. result in any additional reporting, NPA: Fedcap Rehabilitation Services, recordkeeping or other compliance SUMMARY: This action adds a service to Inc., New York, NY. the Procurement List that will be requirements for small entities other Contracting Activity: Dept of than the small organizations that will provided by a nonprofit agency Transportation, Federal Aviation employing persons who are blind or provide a service to the government. Administration, Atlantic City 2. If approved, the action will result have other severe disabilities. Airport, NJ. DATES: Effective Date: 9/23/2010. in authorizing small entities to provide a service to the government. ADDRESSES: Committee for Purchase Barry S. Lineback, Director, Business Operations. 3. There are no known regulatory From People Who Are Blind or Severely alternatives which would accomplish [FR Doc. 2010–21378 Filed 8–26–10; 8:45 am] Disabled, Jefferson Plaza 2, Suite 10800, the objectives of the Javits-Wagner- BILLING CODE 6353–01–P 1421 Jefferson Davis Highway, O’Day Act (41 U.S.C. 46–48c) in Arlington Virginia, 22202–3259. connection with the service proposed FOR FURTHER INFORMATION CONTACT: COMMITTEE FOR PURCHASE FROM for addition to the Procurement List. Barry S. Lineback, Telephone: (703) PEOPLE WHO ARE BLIND OR Comments on this certification are 603–7740, Fax: (703) 603–0655, or e- SEVERELY DISABLED invited. Commenters should identify the mail [email protected]. statement(s) underlying the certification SUPPLEMENTARY INFORMATION: Procurement List; Proposed Addition on which they are providing additional information. Addition and Deletion On 7/9/2010 (75 FR 39497–39499), AGENCY: Committee for Purchase From End of Certification the Committee for Purchase From People Who Are Blind or Severely The following service is proposed for People Who Are Blind or Severely Disabled. addition to Procurement List for

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production by the nonprofit agency DATES: Effective Date: September 27, Based, Med Pt, Asst Color 12/ST listed: 2010. NSN: 7520–01–207–4159—Marker, Paint, Oil Based, Fine Pt, White, 1 DZ Service ADDRESSES: Committee for Purchase NSN: 7520–00–NIB–2075—Markers, Paint, Service Type/Location: Property From People Who Are Blind or Severely Oil Based, Med Pt, White 6/PG Management, Armed Forces Retirement Disabled, Jefferson Plaza 2, Suite 10800, NSN: 7520–00–NIB–2076—Markers, Paint, Home-Gulfport, 1800 Beach Drive, 1421 Jefferson Davis Highway, Med Pt, Oil Based, Yellow 6/PG Gulfport, MS. Arlington, Virginia 22202–3259. NSN: 7520–00–NIB–2078—Markers, Paint, Med Pt, Oil Based, Rubber Grip, Green NPA: AbilityWorks, Inc. of Harrison County, FOR FURTHER INFORMATION CONTACT: NSN: 7520–00–NIB–2079—Markers, Paint, Gulfport, MS. Barry S. Lineback, Telephone: (703) Contracting Activity: DEPARTMENT OF THE Med Pt, Oil Based, Black TREASURY, BUREAU OF THE PUBLIC 603–7740, Fax: (703) 603–0655, or e- Coverage: A-List for the Total Government DEBT, BPD/PSD3/ONDCP, mail [email protected]. Requirement as aggregated by the PARKERSBURG, WV. SUPPLEMENTARY INFORMATION: General Services Administration. NSN: 7520–00–NIB–2077—Markers, Paint, Deletion Additions Oil Based, Med Pt, Rubber Grip, Blue Regulatory Flexibility Act Certification On 10/23/2009 (74 FR 54783–54784); NSN: 7520–00–NIB–2080—Markers, Paint, 6/18/2010 (75 FR 34701–34702); 6/25/ Med Pt, Oil Based, Red, 6/PG I certify that the following action will Coverage: B-List for the Broad Government not have a significant impact on a 2010 (75 FR 36363–36371); and 7/9/ Requirement as aggregated by the substantial number of small entities. 2010 (75 FR 39497–39499), the General Services Administration. The major factors considered for this Committee for Purchase From People NPA: Alphapointe Association for the Blind, certification were: Who Are Blind or Severely Disabled Kansas City, MO. 1. If approved, the action will not published notices of proposed additions Contracting Activity: GSA/Federal Acquisition Service, New York, NY. result in additional reporting, to the Procurement List. After consideration of the material NSN: 7920–00–NIB–0508—WetTask Wiping recordkeeping or other compliance System—Bucket requirements for small entities. presented to it concerning capability of qualified nonprofit agencies to provide NSN: 7920–00–NIB–0510—WetTask Wiping 2. If approved, the action may result System—Canister in authorizing small entities to furnish the products and services and impact of NPA: East Texas Lighthouse for the Blind, a product to the government. the additions on the current or most Tyler, TX 3. There are no known regulatory recent contractors, the Committee has Contracting Activity: Department of Veterans alternatives which would accomplish determined that the products and Affairs, National Acquisition Center, the objectives of the Javits-Wagner- services listed below are suitable for Hines, IL O’Day Act (41 U.S.C. 46–48c) in procurement by the Federal Government Coverage: C-List for 100% of the requirement connection with the product proposed under 41 U.S.C. 46–48c and 41 CFR 51– of the Department of Veterans Affairs as 2.4. aggregated by the Department of for deletion from the Procurement List. Veterans Affairs National Acquisition End of Certification Regulatory Flexibility Act Certification Center, Hines, IL. I certify that the following action will NSN: 8540–00–NIB–0053—Hard Roll Paper The following product is proposed for Towel, Non-Perforated, 1-ply, 8″ x 600′ deletion from the Procurement List: not have a significant impact on a rolls, white substantial number of small entities. Product NSN: 8540–00–NIB–0054—Hard Roll Paper The major factors considered for this Towel, Non-Perforated, 1-ply, 8″ x 600′ NSN: 7530–00–082–2663—Label, Pressure- certification were: rolls, natural Sensitive Adhesive. 1. The action will not result in any NSN: 8540–00–NIB–0055—Hard Roll Paper NPA: North Central Sight Services, Inc., additional reporting, recordkeeping or Towel, Non-Perforated, 1-ply, 8″ x 800′ Williamsport, PA. other compliance requirements for small rolls, white Contracting Activity: GSA/FSS OFC SUP NSN: 8540–00–NIB–0056—Hard Roll Paper CTR—PAPER PRODUCTS, NEW YORK, entities other than the small ″ ′ organizations that will furnish the Towel, Non-Perforated, 1-ply, 8 x 800 NY. rolls, natural products and services to the Barry S. Lineback, NSN: 8540–00–NIB–0057—Hard Roll Paper Government. Towel, Non-Perforated, 1-ply, 8″ x 350′ Director, Business Operations. 2. The action will result in rolls, white [FR Doc. 2010–21379 Filed 8–26–10; 8:45 am] authorizing small entities to furnish the NSN: 8540–00–NIB–0061—Jumbo Roll Toilet BILLING CODE 6353–01–P products and services to the Tissue, 1 ply, 3.7″ x 2000′ Government. NSN: 8540–00–NIB–0063—Jumbo Roll Toilet 3. There are no known regulatory Tissue, 2 ply, 3.7″ x 1000′ COMMITTEE FOR PURCHASE FROM alternatives which would accomplish NSN: 8540–00–NIB–0007—Jumbo Roll Toilet ″ ′ ″ PEOPLE WHO ARE BLIND OR the objectives of the Javits-Wagner- Tissue, 2 ply, 3.7 x 2000 , 12 dia. roll NSN: 8540–00–NIB–0064—Center-Pull Paper SEVERELY DISABLED O’Day Act (41 U.S.C. 46–48c) in ″ ″ connection with the products and Towel, 2-ply, Perforated, 8.25 x 12 Procurement List Additions sheets, 600, white services proposed for addition to the NPA: Outlook-Nebraska, Incorporated, AGENCY: Committee for Purchase From Procurement List. Omaha, NE People Who Are Blind or Severely End of Certification Contracting Activity: GSA/Federal Disabled. Acquisition Service, New York, NY. Accordingly, the following products Coverage: A-List for the Total Government ACTION: Additions to the Procurement and services are added to the Requirement as aggregated by the List. Procurement List: General Services Administration. NSN: MR 549—Sponge, Pop-Up, Small SUMMARY: This action adds products and Products NPA: Mississippi Industries for the Blind, services to the Procurement List that NSN: 7510–01–386–1609—Pen, Correction Jackson, MS will be furnished by nonprofit agencies NSN: 7520–01–207–4167—Markers, Paint, Contracting Activity: Military Resale-Defense employing persons who are blind or Oil Based, Med Pt, Asst Color 6/ST Commissary Agency, Fort Lee, VA have other severe disabilities. NSN: 7520–01–207–4168—Marker, Paint, Oil Coverage: C-List for the requirement of

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military commissaries and exchanges as Goodwill Industries of South Florida, Inc., NSN: 8410–00–FAB–8415—Women’s, L/S, aggregated by the Defense Commissary Miami, FL Air Force Shade 1550, Size 10L Agency. Contracting Activity: Department of the NSN: 8410–00–FAB–8416—Women’s, L/S, NSN: 8415–01–579–8677—Multi-Cam Army Research, Development, & Air Force Shade 1550, Size 12S Trouser Engineering Command, Natick, MA. NSN: 8410–00–FAB–8417—Women’s, L/S, NSN: 8415–01–579–8714—Multi-Cam Coverage: C–List for 50% of the requirement Air Force Shade 1550, Size 12R Trouser of the U.S. Army, as aggregated by the NSN: 8410–00–FAB–8418—Women’s, L/S, NSN: 8415–01–579–8719—Multi-Cam Department of the Army Research, Air Force Shade 1550, Size 12L Trouser Development, & Engineering Command, NSN: 8410–00–FAB–8420—Women’s, L/S, NSN: 8415–01–579–8744—Multi-Cam Natick, MA. Air Force Shade 1550, Size 14R Trouser NSN: 8410–00–FAB–8421—Women’s, L/S, NSN: 8415–01–579–8766—Multi-Cam Kit, Pre-Cut Fabric Air Force Shade 1550, Size 14L Trouser NSN: 8405–00–FAB–0201—Man’s, S/S, Air NSN: 8410–00–FAB–8423—Women’s, L/S, NSN: 8415–01–579–8385—Multi-Cam Force Shade 1550, Size 131⁄2 Air Force Shade 1550, Size 16R Trouser NSN: 8405–00–FAB–0202—Man’s, S/S, Air NSN: 8410–00–FAB–8424—Women’s, L/S, NSN: 8415–01–579–8551—Multi-Cam Force Shade 1550, Size 14 Air Force Shade 1550, Size 16L Trouser NSN: 8405–00–FAB–0203—Man’s, S/S, Air NSN: 8410–00–FAB–8426—Women’s, L/S, NSN: 8415–01–579–8553—Multi-Cam Force Shade 1550, Size 14 1⁄2 Air Force Shade 1550, Size 18R Trouser NSN: 8405–00–FAB–0204—Man’s, S/S, Air NPA: Raleigh Lions Clinic for the Blind, Inc., NSN: 8415–01–579–8558—Multi-Cam Force Shade 1550, Size 15 Raleigh, NC Trouser NSN: 8405–00–FAB–0212—Man’s, S/S, Air NSN: 8405–00–COV–4602—Coveralls, NSN: 8415–01–579–8561—Multi-Cam Force Shade 1550, Size 15 1⁄2 Utility, US Navy, Blue, 34–XS Trouser NSN: 8405–00–FAB–0252—Man’s, S/S, Air NSN: 8405–00–COV–4607—Coveralls, NSN: 8415–01–579–8570—Multi-Cam Force Shade 1550, Size 16 Utility, US Navy, Blue, 36–XS Trouser NSN: 8405–00–FAB–0253—Man’s, S/S, Air NSN: 8405–00–COV–3482—Coveralls, NSN: 8415–01–579–8580—Multi-Cam Force Shade 1550, Size 16 1⁄2 Utility, US Navy, Blue, 36–S Trouser NSN: 8405–00–FAB–0254—Man’s, S/S, Air NSN: 8405–00–COV–3483—Coveralls, NSN: 8415–01–579–8684—Multi-Cam Force Shade 1550, Size 17 Utility, US Navy, Blue, 36–R Trouser NSN: 8405–00–FAB–0255—Man’s, S/S, Air NSN: 8405–00–COV–4609—Coveralls, NSN: 8415–01–579–8227—Multi-Cam Force Shade 1550, Size 17 1⁄2 Utility, US Navy, Blue, 38–XS Trouser NSN: 8405–00–FAB–0256—Man’s, S/S, Air NSN: 8405–00–COV–3484—Coveralls, NSN: 8415–01–579–8263—Multi-Cam Force Shade 1550, Size 18 Utility, US Navy, Blue, 38–S Trouser NSN: 8405–00–FAB–0257—Man’s, S/S, Air NSN: 8405–00–COV–3485—Coveralls, NSN: 8415–01–579–8276—Multi-Cam Force Shade 1550, Size 18 1⁄2 Utility, US Navy, Blue, 38–R Trouser NSN: 8405–00–FAB–0258—Man’s, S/S, Air NSN: 8405–00–COV–3486—Coveralls, NSN: 8415–01–579–8354—Multi-Cam Force Shade 1550, Size 19 Utility, US Navy, Blue, 38–L Trouser NSN: 8405–00–FAB–0278—Man’s, S/S, Air NSN: 8405–00–COV–4625—Coveralls, NSN: 8415–01–579–8365—Multi-Cam Force Shade 1550, Size 20 Utility, US Navy, Blue, 38–XL Trouser NSN: 8410–00–FAB–8362—Woman’s, S/S, NSN: 8405–00–COV–9497—Coveralls, NSN: 8415–01–579–8788—Multi-Cam Air Force Shade 1550, Size 2 Utility, US Navy, Blue, 40–XS Trouser NSN: 8410–00–FAB–8361—Woman’s, S/S, NSN: 8405–00–COV–3487—Coveralls, NSN: 8415–01–579–8791—Multi-Cam Air Force Shade 1550, Size 4 Utility, US Navy, Blue, 40–S Trouser NSN: 8410–00–FAB–8360—Woman’s, S/S, NSN: 8405–00–COV–3488—Coveralls, NSN: 8415–01–579–8771—Multi-Cam Air Force Shade 1550, Size 6 Utility, US Navy, Blue, 40–R Trouser NSN: 8410–00–FAB–8359—Woman’s, S/S, NSN: 8405–00–COV–3489—Coveralls, NSN: 8415–01–579–9123—Multi-Cam Air Force Shade 1550, Size 8 Utility, US Navy, Blue, 40–L Trouser NSN: 8410–00–FAB–8358—Woman’s, S/S, NSN: 8405–00–COV–4667—Coveralls, NSN: 8415–01–579–9119—Multi-Cam Air Force Shade 1550, Size 10 Utility, US Navy, Blue, 40–XL Trouser NSN: 8410–00–FAB–8357—Woman’s, S/S, NSN: 8405–00–COV–3490—Coveralls, NSN: 8415–01–579–8080—Multi-Cam Air Force Shade 1550, Size 12 Utility, US Navy, Blue, 42–S Trouser NSN: 8410–00–FAB–8356—Woman’s, S/S, NSN: 8405–00–COV–3491—Coveralls, NSN: 8415–01–579–8098—Multi-Cam Air Force Shade 1550, Size 14 Utility, US Navy, Blue, 42–R Trouser NSN: 8410–00–FAB–8355—Woman’s, S/S, NSN: 8405–00–COV–3492—Coveralls, NSN: 8415–01–579–8112—Multi-Cam Air Force Shade 1550, Size 16 Utility, US Navy, Blue, 42–L Trouser NSN: 8410–00–FAB–8354—Woman’s, S/S, NSN: 8405–00–COV–1553—Coveralls, NSN: 8415–01–579–8126—Multi-Cam Air Force Shade 1550, Size 18 Utility, US Navy, Blue, 42–XL Trouser NSN: 8410–00–FAB–8353—Woman’s, S/S, NSN: 8405–00–COV–3493—Coveralls, NSN: 8415–01–582–4206—Multi-Cam Air Force Shade 1550, Size 20 Utility, US Navy, Blue, 44–S Trouser NSN: 8410–00–FAB–8395—Women’s, L/S, NSN: 8405–00–COV–3494—Coveralls, NSN: 8415–01–579–7850—Multi-Cam Air Force Shade 1550, Size 4S Utility, US Navy, Blue, 44–R Trouser NSN: 8410–00–FAB–8396—Women’s, L/S, NSN: 8405–00–COV–5582—Coveralls, NSN: 8415–01–579–9121—Multi-Cam Air Force Shade 1550, Size 4R Utility, US Navy, Blue, 44–L Trouser NSN: 8410–00–FAB–8398—Women’s, L/S, NSN: 8405–00–COV–1557—Coveralls, NSN: 8415–01–579–9130—Multi-Cam Air Force Shade 1550, Size 6S Utility, US Navy, Blue, 44–XL Trouser NSN: 8410–00–FAB–8399—Women’s, L/S, NSN: 8405–00–COV–0572—Coveralls, NSN: 8415–01–579–9132—Multi-Cam Air Force Shade 1550, Size 6R Utility, US Navy, Blue, 44–2XL Trouser NSN: 8410–00–FAB–8409—Women’s, L/S, NSN: 8405–00–COV–3495—Coveralls, NSN: 8415–01–579–8591—Multi-Cam Air Force Shade 1550, Size 6L Utility, US Navy, Blue, 46–S Trouser NSN: 8410–00–FAB–8411—Women’s, L/S, NSN: 8405–00–COV–3496—Coveralls, NSN: 8415–01–579–8776—Multi-Cam Air Force Shade 1550, Size 8R Utility, US Navy, Blue, 46–R Trouser NSN: 8410–00–FAB–8412—Women’s, L/S, NSN: 8405–00–COV–3497—Coveralls, NSN: 8415–01–579–9120—Multi-Cam Air Force Shade 1550, Size 8L Utility, US Navy, Blue, 46–L Trouser NSN: 8410–00–FAB–8413—Women’s, L/S, NSN: 8405–00–COV–1560—Coveralls, NSN: 8415–01–579–8784—Multi-Cam Air Force Shade 1550, Size 10S Utility, US Navy, Blue, 46–XL Trouser NSN: 8410–00–FAB–8414—Women’s, L/S, NSN: 8405–00–COV–0647—Coveralls, NPAs: ReadyOne Industries, Inc., El Paso, TX Air Force Shade 1550, Size 10R Utility, US Navy, Blue, 46–2XL

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NSN: 8405–00–COV–3498—Coveralls, NSN: 8405–00–COV–4960—Coveralls, NSN: 8405–00–NIB–0308—Man’s, S/S, Army Utility, US Navy, Blue, 48–R Utility, US Navy, Green, 52–L White, Athletic, 16R–A NSN: 8405–00–COV–3499—Coveralls, NSN: 8415–00–FAB–6409—GEN III ECWCS, NSN: 8405–00–NIB–0309—Man’s, S/S, Army Utility, US Navy, Blue, 48–L Trouser, UCamo, XL–XL White, Athletic, 16L–A NSN: 8405–00–COV–1567—Coveralls, NSN: 8415–00–FAB–6410—GEN III ECWCS, NSN: 8405–00–NIB–0310—Man’s, S/S, Army Utility, US Navy, Blue, 48–XL Trouser, UCamo, XS–XS White, Athletic, 16.5R–A NSN: 8405–00–COV–0650—Coveralls, NSN: 8415–00–FAB–6411—GEN III ECWCS, NSN: 8405–00–NIB–0311—Man’s, S/S, Army Utility, US Navy, Blue, 48–2XL Trouser, UCamo, XS–S White, Athletic, 16.5L–A NSN: 8405–00–COV–0354—Coveralls, NSN: 8415–00–FAB–6412—GEN III ECWCS, NSN: 8405–00–NIB–0312—Man’s, S/S, Army Utility, US Navy, Blue, 50–R Trouser, UCamo, XS–R White, Athletic, 17R–A NSN: 8405–00–COV–0636—Coveralls, NSN: 8415–00–FAB–6413—GEN III ECWCS, NSN: 8405–00–NIB–0313—Man’s, S/S, Army Utility, US Navy, Blue, 50–L Trouser, UCamo, XS–L White, Athletic, 17L–A NSN: 8405–00–COV–1569—Coveralls, NSN: 8415–00–FAB–6414—GEN III ECWCS, NSN: 8405–00–NIB–0314—Man’s, S/S, Army Utility, US Navy, Blue, 50–XL Trouser, UCamo, XS–XL White, Athletic, 17.5R–A NSN: 8405–00–COV–0649—Coveralls, NSN: 8415–00–FAB–6416—GEN III ECWCS, NSN: 8405–00–NIB–0315—Man’s, S/S, Army Utility, US Navy, Blue, 50–2XL Trouser, UCamo, S–XS White, Athletic, 17.5L–A NSN: 8405–00–COV–0641—Coveralls, NSN: 8415–00–FAB–6417—GEN III ECWCS, NSN: 8405–00–NIB–0316—Man’s, S/S, Army Utility, US Navy, Blue, 52–R Trouser, UCamo, S–S White, Athletic, 18R–A NSN: 8405–00–COV–0639—Coveralls, NSN: 8415–00–FAB–6418—GEN III ECWCS, NSN: 8405–00–NIB–0317—Man’s, S/S, Army Utility, US Navy, Blue, 52–L Trouser, UCamo, S–R White, Athletic, 18L–A NSN: 8405–00–COV–1571—Coveralls, NSN: 8415–00–FAB–6419—GEN III ECWCS, NSN: 8405–00–NIB–0318—Man’s, S/S, Army Utility, US Navy, Blue, 52–XL Trouser, UCamo, S–L White, Athletic, 18.5L–A NSN: 8405–00–COV–0651—Coveralls, NSN: 8415–00–FAB–6424—GEN III ECWCS, NSN: 8405–00–NIB–0319—Man’s, S/S, Army Utility, US Navy, Blue, 52–2XL Trouser, UCamo, S–XL White, Athletic, 19L–A NSN: 8405–00–COV–4670—Coveralls, NSN: 8415–00–FAB–6425—GEN III ECWCS, NSN: 8405–00–NIB–0320—Man’s, S/S, Army Utility, US Navy, Blue, 54–L Trouser, UCamo, M–XS White, Classic, 13.5R–C NSN: 8405–00–COV–4672—Coveralls, NSN: 8415–00–FAB–6426—GEN III ECWCS, NSN: 8405–00–NIB–0321—Man’s, S/S, Army Utility, US Navy, Blue, 54–XL Trouser, UCamo, M–S White, Classic, 14R–C NSN: 8405–00–COV–0652—Coveralls, NSN: 8415–00–FAB–6427—GEN III ECWCS, NSN: 8405–00–NIB–0322—Man’s, S/S, Army Utility, US Navy, Blue, 54–2XL Trouser, UCamo, M–R White, Classic, 14.5R–C NSN: 8405–00–COV–9127—Coveralls, NSN: 8415–00–FAB–6428—GEN III ECWCS, NSN: 8405–00–NIB–0323—Man’s, S/S, Army Utility, US Navy, Blue, 56–R Trouser, UCamo, M–L White, Classic, 15R–C NSN: 8405–00–COV–4009—Coveralls, NSN: 8415–00–FAB–6429—GEN III ECWCS, NSN: 8405–00–NIB–0324—Man’s, S/S, Army Utility, US Navy, Green, 36–S Trouser, UCamo, M–XL White, Classic, 15.5R–C NSN: 8405–00–COV–4011—Coveralls, NSN: 8415–00–FAB–6430—GEN III ECWCS, NSN: 8405–00–NIB–0325—Man’s, S/S, Army Utility, US Navy, Green, 36–R Trouser, UCamo, L–S White, Classic, 16R–C NSN: 8405–00–COV–4017—Coveralls, NSN: 8415–00–FAB–6436—GEN III ECWCS, NSN: 8405–00–NIB–0326—Man’s, S/S, Army Utility, US Navy, Green, 38–S Trouser, UCamo, L–XS White, Classic, 16L–C NSN: 8405–00–COV–4022—Coveralls, NSN: 8415–00–FAB–6437—GEN III ECWCS, NSN: 8405–00–NIB–0327—Man’s, S/S, Army Utility, US Navy, Green, 38–R Trouser, UCamo, L–R White, Classic, 16.5R–C NSN: 8405–00–COV–4032—Coveralls, NSN: 8415–00–FAB–6441—GEN III ECWCS, NSN: 8405–00–NIB–0328—Man’s, S/S, Army Utility, US Navy, Green, 38–L Trouser, UCamo, L–L White, Classic, 16.5L–C NSN: 8405–00–COV–4038—Coveralls, NSN: 8415–00–FAB–6442—GEN III ECWCS, NSN: 8405–00–NIB–0329—Man’s, S/S, Army Utility, US Navy, Green, 40–S Trouser, UCamo, L–XL White, Classic, 17R–C NSN: 8405–00–COV–4039—Coveralls, NSN: 8415–00–FAB–6443—GEN III ECWCS, NSN: 8405–00–NIB–0330—Man’s, S/S, Army Utility, US Navy, Green, 40–R Trouser, UCamo, XL–XS White, Classic, 17L–C NSN: 8405–00–COV–4058—Coveralls, NSN: 8415–00–FAB–6445—GEN III ECWCS, NSN: 8405–00–NIB–0331—Man’s, S/S, Army Utility, US Navy, Green, 40–L Trouser, UCamo, XL–S White, Classic, 17.5R–C NSN: 8405–00–COV–4063—Coveralls, NSN: 8415–00–FAB–6446—GEN III ECWCS, NSN: 8405–00–NIB–0332—Man’s, S/S, Army Utility, US Navy, Green, 42–S Trouser, UCamo, XL–R White, Classic, 17.5L–C NSN: 8405–00–COV–4143—Coveralls, NSN: 8415–00–FAB–6448—GEN III ECWCS, NSN: 8405–00–NIB–0333—Man’s, S/S, Army Utility, US Navy, Green, 42–R Trouser, UCamo, XL–L White, Classic, 18R–C NSN: 8405–00–COV–4294—Coveralls, NSN: 8415–00–FAB–6529—GEN III ECWCS, NSN: 8405–00–NIB–0334—Man’s, S/S, Army Utility, US Navy, Green, 42–L Trouser, UCamo, 2XL–2XL White, Classic, 18L–C NSN: 8405–00–COV–4298—Coveralls, NSN: 8415–00–FAB–6537—GEN III ECWCS, NSN: 8405–00–NIB–0335—Man’s, S/S, Army Utility, US Navy, Green, 44–S Trouser, UCamo, 2XL–L White, Classic, 18.5R–C NSN: 8405–00–COV–4320—Coveralls, NSN: 8415–00–FAB–6536—GEN III ECWCS, NSN: 8405–00–NIB–0336—Man’s, S/S, Army Utility, US Navy, Green, 44–R Trouser, UCamo, 2XL–R White, Classic, 18.5L–C NSN: 8405–00–COV–4346—Coveralls, NSN: 8415–00–FAB–6535—GEN III ECWCS, NSN: 8405–00–NIB–0337—Man’s, S/S, Army Utility, US Navy, Green, 44–L Trouser, UCamo, 2XL–S White, Classic, 19R–C NSN: 8405–00–COV–4361—Coveralls, NSN: 8415–00–FAB–6538—GEN III ECWCS, NSN: 8405–00–NIB–0338—Man’s, S/S, Army Utility, US Navy, Green, 46–S Trouser, UCamo, 2XL–XL White, Classic, 19L–C NSN: 8405–00–COV–4375—Coveralls, NSN: 8415–00–FAB–6534—GEN III ECWCS, NSN: 8405–00–NIB–0339—Man’s, L/S, Army Utility, US Navy, Green, 46–R Trouser, UCamo, 2XL–XS White, Athletic, 15.5x32/33–A NSN: 8405–00–COV–4439—Coveralls, NSN: 8415–00–FAB–6533—GEN III ECWCS, NSN: 8405–00–NIB–0340—Man’s, L/S, Army Utility, US Navy, Green, 46–L Trouser, UCamo, L–2XL White, Athletic, 15.5x34/35–A NSN: 8405–00–COV–4679—Coveralls, NSN: 8415–00–FAB–6530—GEN III ECWCS, NSN: 8405–00–NIB–0341—Man’s, L/S, Army Utility, US Navy, Green, 48–R Trouser, UCamo, M–2XL White, Athletic, 16x30/31–A NSN: 8405–00–COV–4906—Coveralls, NSN: 8415–00–FAB–6532—GEN III ECWCS, NSN: 8405–00–NIB–0342—Man’s, L/S, Army Utility, US Navy, Green, 48–L Trouser, UCamo, S–2XL White, Athletic, 16x32/33–A NSN: 8405–00–COV–4911—Coveralls, NSN: 8415–00–FAB–6531—GEN III ECWCS, NSN: 8405–00–NIB–0343—Man’s, L/S, Army Utility, US Navy, Green, 50–R Trouser, UCamo, XL–2XL White, Athletic, 16x34/35–A NSN: 8405–00–COV–4926—Coveralls, NSN: 8415–00–FAB–6528—GEN III ECWCS, NSN: 8405–00–NIB–0344—Man’s, L/S, Army Utility, US Navy, Green, 50–L Trouser, UCamo, SX–2XL White, Athletic, 16.5x32/33–A NSN: 8405–00–COV–4930—Coveralls, NSN: 8405–00–NIB–0307—Man’s, S/S, Army NSN: 8405–00–NIB–0345—Man’s, L/S, Army Utility, US Navy, Green, 52–R White, Athletic, 15.5R–A White, Athletic, 16.5x34/35–A

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NSN: 8405–00–NIB–0346—Man’s, L/S, Army NSN: 8405–00–NIB–0384—Man’s, L/S, Army NSN: 8415–00–FAB–5741—ACU Coat, L–XL White, Athletic, 16.5x36/37–A White, Classic, 16x30/31–C NSN: 8415–00–FAB–5745—ACU Coat, XL– NSN: 8405–00–NIB–0347—Man’s, L/S, Army NSN: 8405–00–NIB–0385—Man’s, L/S, Army XL White, Athletic, 17x32/33–A White, Classic, 16x32/33–C NSN: 8415–00–FAB–5744—ACU Coat, XL–L NSN: 8405–00–NIB–0348—Man’s, L/S, Army NSN: 8405–00–NIB–0386—Man’s, L/S, Army NSN: 8415–00–FAB–5742—ACU Coat, L– White, Athletic, 17x34/35–A White, Classic, 16x34/35–C XXL NSN: 8405–00–NIB–0349—Man’s, L/S, Army NSN: 8405–00–NIB–0387—Man’s, L/S, Army NSN: 8415–00–FAB–5746—ACU Coat, XXL– White, Athletic, 17x36/37–A White, Classic, 16x36/37–C XL NSN: 8405–00–NIB–0350—Man’s, L/S, Army NSN: 8405–00–NIB–0388—Man’s, L/S, Army NSN: 8415–00–FAB–5743—ACU Coat, XL–R White, Athletic, 17x38–A White, Classic, 16x38–C NSN: 8415–00–FAB–0521—ACU Coat, XS–L NSN: 8405–00–NIB–0351—Man’s, L/S, Army NSN: 8405–00–NIB–0389—Man’s, L/S, Army NSN: 8415–00–FAB–0523—ACU Coat, XS– White, Athletic, 17.5x32/33–A White, Classic, 16.5x30/31–C XL NSN: 8405–00–NIB–0352—Man’s, L/S, Army NSN: 8405–00–NIB–0390—Man’s, L/S, Army NSN: 8415–00–FAB–1733—ACU Coat, XL–S White, Athletic, 17.5x34/35–A White, Classic, 16.5x32/33–C NSN: 8415–00–FAB–0531—ACU Coat, XXL– NSN: 8405–00–NIB–0353—Man’s, L/S, Army NSN: 8405–00–NIB–0391—Man’s, L/S, Army R White, Athletic, 17.5x36/37–A White, Classic, 16.5x34/35–C NSN: 8415–00–FAB–1734—ACU Coat, XXL– NSN: 8405–00–NIB–0354—Man’s, L/S, Army NSN: 8405–00–NIB–0392—Man’s, L/S, Army L White, Athletic, 18x32/33–A White, Classic, 16.5x36/37–C NSN: 8415–00–FAB–1730—ACU Coat, XS– NSN: 8405–00–NIB–0355—Man’s, L/S, Army NSN: 8405–00–NIB–0393—Man’s, L/S, Army XXS White, Athletic, 18x34/35–A White, Classic, 16.5x38–C NSN: 8415–00–FAB–1731—ACU Coat, M– NSN: 8405–00–NIB–0356—Man’s, L/S, Army NSN: 8405–00–NIB–0394—Man’s, L/S, Army XXL White, Athletic, 18x36/37–A White, Classic, 17x32/33–C NSN: 8415–00–FAB–0525—ACU Coat, L– NSN: 8405–00–NIB–0357—Man’s, L/S, Army NSN: 8405–00–NIB–0395—Man’s, L/S, Army XXS White, Athletic, 18x38–A White, Classic, 17x34/35–C NSN: 8415–00–FAB–0529—ACU Coat, XL– NSN: 8405–00–NIB–0358—Man’s, L/S, Army NSN: 8405–00–NIB–0396—Man’s, L/S, Army XXS White, Athletic, 18.5x32/33–A White, Classic, 17x36/37–C NSN: 8415–00–FAB–1732—ACU Coat, XL– NSN: 8405–00–NIB–0359—Man’s, L/S, Army NSN: 8405–00–NIB–0397—Man’s, L/S, Army XS White, Athletic, 18.5x34/35–A White, Classic, 17.5x32/33–C NSN: 8415–00–FAB–0542—ACU Coat, XL– NSN: 8405–00–NIB–0360—Man’s, L/S, Army NSN: 8405–00–NIB–0398—Man’s, L/S, Army XXL White, Athletic, 18.5x36/37–A White, Classic, 17.5x34/35–C NSN: 8415–00–FAB–0541—ACU Coat, XXL– NSN: 8405–00–NIB–0361—Man’s, L/S, Army NSN: 8405–00–NIB–0399—Man’s, L/S, Army XXL White, Athletic, 18.5x38–A White, Classic, 17.5x36/37–C NSN: 8415–00–FAB–5747—ACU Trouser, NSN: 8405–00–NIB–0362—Man’s, L/S, Army NSN: 8405–00–NIB–0400—Man’s, L/S, Army XS–XS White, Athletic, 19x34/35–A White, Classic, 18x32/33–C NSN: 8415–00–FAB–6701—ACU Trouser, NSN: 8405–00–NIB–0363—Man’s, L/S, Army NSN: 8405–00–NIB–0401—Man’s, L/S, Army XS–XXL White, Athletic, 19x36/37–A White, Classic, 18x34/35–C NSN: 8415–00–FAB–5748—ACU Trouser, NSN: 8405–00–NIB–0364—Man’s, L/S, Army NSN: 8405–00–NIB–0402—Man’s, L/S, Army XS–S White, Athletic, 19x38–A White, Classic, 18x36/37–C NSN: 8415–00–FAB–6700—ACU Trouser, NSN: 8405–00–NIB–0365—Man’s, L/S, Army NSN: 8405–00–NIB–0403—Man’s, L/S, Army XS–XL White, Athletic, 19.5x34/35–A White, Classic, 18x38–C NSN: 8415–00–FAB–5749—ACU Trouser, NSN: 8405–00–NIB–0366—Man’s, L/S, Army NSN: 8405–00–NIB–0404—Man’s, L/S, Army XS–R White, Athletic, 19.5x36/37–A White, Classic, 18.5x34/35–C NSN: 8415–00–FAB–5752—ACU Trouser, S– NSN: 8405–00–NIB–0367—Man’s, L/S, Army NSN: 8405–00–NIB–0405—Man’s, L/S, Army S White, Athletic, 20x34/35–A White, Classic, 18.5x36/37–C NSN: 8415–00–FAB–5751—ACU Trouser, S– NSN: 8405–00–NIB–0368—Man’s, L/S, Army NSN: 8405–00–NIB–0406—Man’s, L/S, Army XS White, Athletic, 20x36/37–A White, Classic, 18.5x38–C NSN: 8415–00–FAB–5754—ACU Trouser, S– NSN: 8405–00–NIB–0369—Man’s, L/S, Army NSN: 8405–00–NIB–0407—Man’s, L/S, Army L White, Classic, 13.5x32/33–C White, Classic, 19x34/35–C NSN: 8415–00–FAB–5755—ACU Trouser, S– NSN: 8405–00–NIB–0370—Man’s, L/S, Army NSN: 8405–00–NIB–0408—Man’s, L/S, Army XL White, Classic, 14x29–C White, Classic, 19x36/37–C NSN: 8415–00–FAB–5756—ACU Trouser, NSN: 8405–00–NIB–0371—Man’s, L/S, Army NSN: 8405–00–NIB–0409—Man’s, L/S, Army M–XS White, Classic, 14x30/31–C White, Classic, 19x38–C NSN: 8415–00–FAB–5753—ACU Trouser, S– NSN: 8405–00–NIB–0372—Man’s, L/S, Army NPA: Winston-Salem Industries for the R White, Classic, 14x32/33–C Blind, Winston-Salem, NC NSN: 8415–00–FAB–5757—ACU Trouser, NSN: 8405–00–NIB–0373—Man’s, L/S, Army NSN: 8415–00–FAB–5722—ACU Coat, XS– M–S White, Classic, 14.5x30/31–C XS NSN: 8415–00–FAB–5750—ACU Trouser, NSN: 8405–00–NIB–0374—Man’s, L/S, Army NSN: 8415–00–FAB–5723—ACU Coat, XS–S XS–L White, Classic, 14.5x32/33–C NSN: 8415–00–FAB–5724—ACU Coat, XS–R NSN: 8415–00–FAB–5758—ACU Trouser, NSN: 8405–00–NIB–0375—Man’s, L/S, Army NSN: 8415–00–FAB–5725—ACU Coat, S– M–R White, Classic, 15x29–C XXS NSN: 8415–00–FAB–5759—ACU Trouser, NSN: 8405–00–NIB–0376—Man’s, L/S, Army NSN: 8415–00–FAB–5726—ACU Coat, S–XS M–L White, Classic, 15x30/31–C NSN: 8415–00–FAB–5728—ACU Coat, S–R NSN: 8415–00–FAB–5760—ACU Trouser, NSN: 8405–00–NIB–0377—Man’s, L/S, Army NSN: 8415–00–FAB–5727—ACU Coat, S–S M–XL White, Classic, 15x32/33–C NSN: 8415–00–FAB–5729—ACU Coat, S–L NSN: 8415–00–FAB–5761—ACU Trouser, L– NSN: 8405–00–NIB–0378—Man’s, L/S, Army NSN: 8415–00–FAB–5731—ACU Coat, M– S White, Classic, 15x34/35–C XXS NSN: 8415–00–FAB–5763—ACU Trouser, L– NSN: 8405–00–NIB–0379—Man’s, L/S, Army NSN: 8415–00–FAB–5730—ACU Coat, S–XL L White, Classic, 15.5x30/31–C NSN: 8415–00–FAB–5732—ACU Coat, M–XS NSN: 8415–00–FAB–5762—ACU Trouser, L– NSN: 8405–00–NIB–0380—Man’s, L/S, Army NSN: 8415–00–FAB–5733—ACU Coat, M–S R White, Classic, 15.5x32/33–C NSN: 8415–00–FAB–5734—ACU Coat, M–R NSN: 8415–00–FAB–5764—ACU Trouser, L– NSN: 8405–00–NIB–0381—Man’s, L/S, Army NSN: 8415–00–FAB–5735—ACU Coat, M–L XL White, Classic, 15.5x34/35–C NSN: 8415–00–FAB–5736—ACU Coat, M–XL NSN: 8415–00–FAB–5765—ACU Trouser, NSN: 8405–00–NIB–0382—Man’s, L/S, Army NSN: 8415–00–FAB–5737—ACU Coat, L–XS XL–S White, Classic, 15.5x36/37–C NSN: 8415–00–FAB–5738—ACU Coat, L–S NSN: 8415–00–FAB–5766—ACU Trouser, NSN: 8405–00–NIB–0383—Man’s, L/S, Army NSN: 8415–00–FAB–5739—ACU Coat, L–R XL–R White, Classic, 16x29–C NSN: 8415–00–FAB–5740—ACU Coat, L–L NSN: 8415–00–FAB–5767—ACU Trouser,

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XL–L 38X34 Woodland, Type I, M/L NSN: 8415–00–FAB–5768—ACU Trouser, NSN: 8405–00–FAB–4245—HDU Trouser, NSN: 8415–00–FAB–9798—BDU Coat, XXL–R 38X36 Woodland, Type I, L/S NSN: 8415–00–FAB–4667—ACU Trouser, S– NSN: 8405–00–FAB–4246—HDU Trouser, NSN: 8415–00–FAB–9799—BDU Coat, XXL 40X28 Woodland, Type I, L/L NSN: 8415–00–FAB–4674—ACU Trouser, NSN: 8405–00–FAB–4247—HDU Trouser, NSN: 8415–00–FAB–9800—BDU Coat, M–XXL 40X30 Woodland, Type I, XL/R NSN: 8415–00–FAB–8074—ACU Trouser, L– NSN: 8405–00–FAB–4248—HDU Trouser, NSN: 8415–00–FAB–9801—BDU Coat, XS 40X32 Woodland, Type I, XL/L NSN: 8415–00–FAB–4673—ACU Trouser, L– NSN: 8405–00–FAB–4249—HDU Trouser, NSN: 8415–00–FAB–9802—BDU Coat, XXL 40X34 Woodland, Type I, S/XXS NSN: 8415–00–FAB–4672—ACU Trouser, NSN: 8405–00–FAB–4250—HDU Trouser, NSN: 8415–00–FAB–9803—BDU Coat, XL–XS 40X36 Woodland, Type I, M/XXS NSN: 8415–00–FAB–4671—ACU Trouser, NSN: 8405–00–FAB–4251—HDU Trouser, NSN: 8415–00–FAB–9804—BDU Coat, XL–XL 42X28 Woodland, Type I, L/XS NSN: 8415–00–FAB–4669—ACU Trouser, NSN: 8405–00–FAB–4252—HDU Trouser, NSN: 8415–00–FAB–9805—BDU Coat, XL–XXL 42X30 Woodland, Type I, L/R NSN: 8415–00–FAB–4668—ACU Trouser, NSN: 8405–00–FAB–4253—HDU Trouser, NSN: 8415–00–FAB–9806—BDU Coat, XXL–XS 42X32 Woodland, Type I, XS/R NSN: 8415–00–FAB–8075—ACU Trouser, NSN: 8405–00–FAB–4254—HDU Trouser, NSN: 8415–00–FAB–9807—BDU Coat, XXL–S 42X34 Woodland, Type I, S/XL NSN: 8415–00–FAB–8080—ACU Trouser, NSN: 8405–00–FAB–4255—HDU Trouser, NSN: 8415–00–FAB–9808—BDU Coat, XXL–L 42X36 Woodland, Type I, M/XL NSN: 8415–00–FAB–4650—ACU Trouser, NSN: 8405–00–FAB–4256—HDU Trouser, NSN: 8415–00–FAB–9809—BDU Coat, XXL–XL 44X28 Woodland, Type I, L/XL NSN: 8415–00–FAB–4649—ACU Trouser, NSN: 8405–00–FAB–4257—HDU Trouser, NSN: 8415–00–FAB–5070—BDU Coat, XXL–XXL 44X30 Woodland, Type I, XS/XXS NSN: 8405–00–FAB–4220—HDU Trouser, NSN: 8405–00–FAB–4258—HDU Trouser, NSN: 8415–00–FAB–5071—BDU Coat, 28X32 44X32 Woodland, Type I, XS/L NSN: 8405–00–FAB–4221—HDU Trouser, NSN: 8405–00–FAB–4259—HDU Trouser, NSN: 8415–00–FAB–5072—BDU Coat, 30X28 44X34 Woodland, Type I, S/XXXS NSN: 8405–00–FAB–4222—HDU Trouser, NSN: 8405–00–FAB–4260—HDU Trouser, NSN: 8415–00–FAB–5073—BDU Coat, 30X30 44X36 Woodland, Type I, L/XXL NSN: 8405–00–FAB–4223—HDU Trouser, NSN: 8405–00–FAB–4261—HDU Trouser, NSN: 8415–00–FAB–5075—BDU Coat, 30X32 46X28 Woodland, Type I, XXL/XL NSN: 8405–00–FAB–4224—HDU Trouser, NSN: 8405–00–FAB–4262—HDU Trouser, NSN: 8415–00–FAB–5074—BDU Coat, 30X34 46X30 Woodland, Type I, XL/XL NSN: 8405–00–FAB–4225—HDU Trouser, NSN: 8405–00–FAB–4263—HDU Trouser, NSN: 8415–00–FAB–9835—BDU Coat, 30X36 46X32 Woodland, Type VI, XS/XS NSN: 8405–00–FAB–4226—HDU Trouser, NSN: 8405–00–FAB–4264—HDU Trouser, NSN: 8415–00–FAB–9836—BDU Coat, 32X28 46X34 Woodland, Type VI, XS/R NSN: 8405–00–FAB–4227—HDU Trouser, NSN: 8405–00–FAB–4265—HDU Trouser, NSN: 8415–00–FAB–9837—BDU Coat, 32X30 46X36 Woodland, Type VI, S/S NSN: 8405–00–FAB–4228—HDU Trouser, NSN: 8415–00–NIB–0827—Mock Turtleneck, NSN: 8415–00–FAB–9838—BDU Coat, 32X32 XS Woodland, Type VI, S/XL NSN: 8405–00–FAB–4229—HDU Trouser, NSN: 8415–00–NIB–0828—Mock Turtleneck, NSN: 8415–00–FAB–9839—BDU Coat, 32X34 S Woodland, Type VI, M/XS NSN: 8405–00–FAB–4230—HDU Trouser, NSN: 8415–00–NIB–0829—Mock Turtleneck, NSN: 8415–00–FAB–9840—BDU Coat, 32X36 M Woodland, Type VI, M/XXS NSN: 8405–00–FAB–4231—HDU Trouser, NSN: 8415–00–NIB–0830—Mock Turtleneck, NSN: 8415–00–FAB–9841—BDU Coat, 34X28 L Woodland, Type VI, S/L NSN: 8405–00–FAB–4232—HDU Trouser, NSN: 8415–00–NIB–0831—Mock Turtleneck, NSN: 8415–00–FAB–9842—BDU Coat, 34X30 XL Woodland, Type VI, M/R NSN: 8405–00–FAB–4233—HDU Trouser, NSN: 8415–00–NIB–0832—Mock Turtleneck, NSN: 8415–00–FAB–9843—BDU Coat, 34X32 2X Woodland, Type VI, S/R NSN: 8405–00–FAB–4234—HDU Trouser, NSN: 8415–00–NIB–0833—Mock Turtleneck, NSN: 8415–00–FAB–9844—BDU Coat, 34X34 3X Woodland, Type VI, XS/S NSN: 8405–00–FAB–4235—HDU Trouser, NSN: 8415–00–FAB–9788—BDU Coat, NSN: 8415–00–FAB–9845—BDU Coat, 34X36 Woodland, Type I, XS/XS Woodland, Type VI, M/XL NSN: 8405–00–FAB–4236—HDU Trouser, NSN: 8415–00–FAB–9789—BDU Coat, NSN: 8415–00–FAB–9846—BDU Coat, 36X28 Woodland, Type I, XS/S Woodland, Type VI, M/S NSN: 8405–00–FAB–4237—HDU Trouser, NSN: 8415–00–FAB–9790—BDU Coat, NSN: 8415–00–FAB–9847—BDU Coat, 36X30 Woodland, Type I, S/XS Woodland, Type VI, M/L NSN: 8405–00–FAB–4238—HDU Trouser, NSN: 8415–00–FAB–9791—BDU Coat, NSN: 8415–00–FAB–9848—BDU Coat, 36X32 Woodland, Type I, S/S Woodland, Type VI, L/R NSN: 8405–00–FAB–4239—HDU Trouser, NSN: 8415–00–FAB–9792—BDU Coat, NSN: 8415–00–FAB–9849—BDU Coat, 36X34 Woodland, Type I, S/R Woodland, Type VI, L/XL NSN: 8405–00–FAB–4240—HDU Trouser, NSN: 8415–00–FAB–9793—BDU Coat, NSN: 8415–00–FAB–9850—BDU Coat, 36X36 Woodland, Type I, S/L Woodland, Type VI, XL/L NSN: 8405–00–FAB–4241—HDU Trouser, NSN: 8415–00–FAB–9794—BDU Coat, NSN: 8415–00–FAB–9851—BDU Coat, 38X28 Woodland, Type I, M/XS Woodland, Type VI, L/L NSN: 8405–00–FAB–4242—HDU Trouser, NSN: 8415–00–FAB–9795—BDU Coat, NSN: 8415–00–FAB–9852—BDU Coat, 38X30 Woodland, Type I, M/S Woodland, Type VI, XL/R NSN: 8405–00–FAB–4243—HDU Trouser, NSN: 8415–00–FAB–9796—BDU Coat, NSN: 8415–00–FAB–9853—BDU Coat, 38X32 Woodland, Type I, M/R Woodland, Type VI, L/XS NSN: 8405–00–FAB–4244—HDU Trouser, NSN: 8415–00–FAB–9797—BDU Coat, NSN: 8415–00–FAB–9854—BDU Coat,

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Woodland, Type VI, S/XXS Woodland, Type I, XS/XS Woodland, Type VI, XL/L NSN: 8415–00–FAB–9855—BDU Coat, NSN: 8415–00–FAB–8299—BDU Trouser, NSN: 8415–00–FAB–8265—BDU Trouser, Woodland, Type VI, S/XS Woodland, Type I, XS/R Woodland, Type VI, XL/R NSN: 8415–00–FAB–9856—BDU Coat, NSN: 8415–00–FAB–8300—BDU Trouser, NSN: 8415–00–FAB–8266—BDU Trouser, Woodland, Type VI, L/S Woodland, Type I, S/XS Woodland, Type VI, XS/R NSN: 8415–00–FAB–5079—BDU Coat, NSN: 8415–00–FAB–8205—BDU Trouser, NSN: 8415–00–FAB–8267—BDU Trouser, Woodland, Type VI, XS/XXS Woodland, Type I, S/S Woodland, Type VI, S/S NSN: 8415–00–FAB–5078—BDU Coat, NSN: 8415–00–FAB–8301—BDU Trouser, NSN: 8415–00–FAB–8251—BDU Trouser, Woodland, Type VI, XS/L Woodland, Type I, S/R Woodland, Type VI, L/L NSN: 8415–00–FAB–5080—BDU Coat, NSN: 8415–00–FAB–8206—BDU Trouser, NSN: 8415–00–FAB–8268—BDU Trouser, Woodland, Type VI, S/XXXS Woodland, Type I, S/L Woodland, Type VI, XXL/XXL NSN: 8415–00–FAB–5077—BDU Coat, NSN: 8415–00–FAB–8302—BDU Trouser, NSN: 8415–00–FAB–8269—BDU Trouser, Woodland, Type VI, L/XXL Woodland, Type I, M/XS Woodland, Type VI, L/XXL NSN: 8415–00–FAB–5076—BDU Coat, NSN: 8415–00–FAB–8207—BDU Trouser, NSN: 8415–00–FAB–8270—BDU Trouser, Woodland, Type VI, XL/XL Woodland, Type I, M/S Woodland, Type VI, M/XXL NSN: 8415–00–FAB–5081—BDU Coat, NSN: 8415–00–FAB–8208—BDU Trouser, NSN: 8415–00–FAB–8227—BDU Trouser, Woodland, Type VI, XXL/XL Woodland, Type I, M/R Desert, Type VII, XS/XS NSN: 8415–00–FAB–9813—BDU Coat, NSN: 8415–00–FAB–8209—BDU Trouser, NSN: 8415–00–FAB–8228—BDU Trouser, Desert, Type VII, XS/XS Woodland, Type I, L/L Desert, Type VII, XS/S NSN: 8415–00–FAB–9814—BDU Coat, NSN: 8415–00–FAB–8303—BDU Trouser, NSN: 8415–00–FAB–8229—BDU Trouser, Desert, Type VII, XS/S Woodland, Type I, XL/R Desert, Type VII, XS/R NSN: 8415–00–FAB–9815—BDU Coat, NSN: 8415–00–FAB–8304—BDU Trouser, NSN: 8415–00–FAB–8230—BDU Trouser, Desert, Type VII, XS/R Woodland, Type I, XS/S Desert, Type VII, XS/L NSN: 8415–00–FAB–9816—BDU Coat, NSN: 8415–00–FAB–8210—BDU Trouser, NSN: 8415–00–FAB–8231—BDU Trouser, Desert, Type VII, S/XXS Woodland, Type I, M/L Desert, Type VII, S/XS NSN: 8415–00–FAB–9817—BDU Coat, NSN: 8415–00–FAB–8305—BDU Trouser, NSN: 8415–00–FAB–8232—BDU Trouser, Desert, Type VII, S/XS Woodland, Type I, XL/S Desert, Type VII, S/S NSN: 8415–00–FAB–9818—BDU Coat, NSN: 8415–00–FAB–8306—BDU Trouser, NSN: 8415–00–FAB–8233—BDU Trouser, Desert, Type VII, S/S Woodland, Type I, XS/L Desert, Type VII, S/R NSN: 8415–00–FAB–9819—BDU Coat, NSN: 8415–00–FAB–8307—BDU Trouser, NSN: 8415–00–FAB–8234—BDU Trouser, Desert, Type VII, S/R Woodland, Type I, S/XL Desert, Type VII, S/L NSN: 8415–00–FAB–9820—BDU Coat, NSN: 8415–00–FAB–8308—BDU Trouser, NSN: 8415–00–FAB–8235—BDU Trouser, Desert, Type VII, S/L Woodland, Type I, M/XL Desert, Type VII, S/XL NSN: 8415–00–FAB–9821—BDU Coat, NSN: 8415–00–FAB–8211—BDU Trouser, NSN: 8415–00–FAB–8236—BDU Trouser, Desert, Type VII, S/XL Woodland, Type I, L/XL Desert, Type VII, M/XS NSN: 8415–00–FAB–9822—BDU Coat, NSN: 8415–00–FAB–8212—BDU Trouser, NSN: 8415–00–FAB–8237—BDU Trouser, Desert, Type VII, M/XXS Woodland, Type I, XL/L Desert, Type VII, M/S NSN: 8415–00–FAB–9823—BDU Coat, NSN: 8415–00–FAB–8271—BDU Trouser, NSN: 8415–00–FAB–8238—BDU Trouser, Desert, Type VII, M/XS Woodland, Type I, M/XXL Desert, Type VII, M/R NSN: 8415–00–FAB–9824—BDU Coat, NSN: 8415–00–FAB–8272—BDU Trouser, NSN: 8415–00–FAB–8239—BDU Trouser, Desert, Type VII, M/S Woodland, Type I, L/XXL Desert, Type VII, M/L NSN: 8415–00–FAB–9825—BDU Coat, NSN: 8415–00–FAB–8273—BDU Trouser, NSN: 8415–00–FAB–8240—BDU Trouser, Desert, Type VII, M/R Woodland, Type I, XXL/XXL Desert, Type VII, M/XL NSN: 8415–00–FAB–9826—BDU Coat, NSN: 8415–00–FAB–8578—BDU Trouser, NSN: 8415–00–FAB–8241—BDU Trouser, Desert, Type VII, M/L Woodland, Type VI, XS/XS Desert, Type VII, L/S NSN: 8415–00–FAB–9827—BDU Coat, NSN: 8415–00–FAB–8577—BDU Trouser, NSN: 8415–00–FAB–8242—BDU Trouser, Desert, Type VII, M/XL Woodland, Type VI, XS/S Desert, Type VII, L/R NSN: 8415–00–FAB–9828—BDU Coat, NSN: 8415–00–FAB–8254—BDU Trouser, NSN: 8415–00–FAB–8243—BDU Trouser, Desert, Type VII, L/XS Woodland, Type VI, XS/L Desert, Type VII, L/L NSN: 8415–00–FAB–9829—BDU Coat, NSN: 8415–00–FAB–8255—BDU Trouser, NSN: 8415–00–FAB–8244—BDU Trouser, Desert, Type VII, L/S Woodland, Type VI, S/XS Desert, Type VII, L/XL NSN: 8415–00–FAB–9830—BDU Coat, NSN: 8415–00–FAB–8247—BDU Trouser, NSN: 8415–00–FAB–8313—BDU Trouser, Desert, Type VII, L/R Woodland, Type VI, S/L Desert, Type VII, XL/S NSN: 8415–00–FAB–9831—BDU Coat, NSN: 8415–00–FAB–8256—BDU Trouser, NSN: 8415–00–FAB–8245—BDU Trouser, Desert, Type VII, L/L Woodland, Type VI, S/XL Desert, Type VII, XL/R NSN: 8415–00–FAB–9832—BDU Coat, NSN: 8415–00–FAB–8257—BDU Trouser, NSN: 8415–00–FAB–8246—BDU Trouser, Desert, Type VII, L/XL Woodland, Type VI, S/R Desert, Type VII, XL/L NSN: 8415–00–FAB–9833—BDU Coat, NSN: 8415–00–FAB–8258—BDU Trouser, NSN: 8415–00–FAB–0101—BDU Trouser, Desert, Type VII, XL/R Woodland, Type VI, M/S Desert, Type VII, M/2XL NSN: 8415–00–FAB–9834—BDU Coat, NSN: 8415–00–FAB–8259—BDU Trouser, NSN: 8415–00–FAB–0113—BDU Trouser, Desert, Type VII, XL/L Woodland, Type VI, M/XS Desert, Type VII, L/2XL NSN: 8415–00–FAB–9736—BDU Coat, NSN: 8415–00–FAB–8260—BDU Trouser, NSN: 8415–00–FAB–0105—BDU Trouser, Desert, Type VII, XS/XXS Woodland, Type VI, M/L Desert, Type VII, 2XL/2XL NSN: 8415–00–FAB–9737—BDU Coat, NSN: 8415–00–FAB–8248—BDU Trouser, NSN: 8470–00–FAB–7241—IOTV Front, X– Desert, Type VII, L/XXL Woodland, Type VI, M/XL SM NSN: 8415–00–FAB–9738—BDU Coat, NSN: 8415–00–FAB–8249—BDU Trouser, NSN: 8470–00–FAB–7242—IOTV Front, SM Desert, Type VII, XL/XL Woodland, Type VI, M/R NSN: 8470–00–FAB–7243—IOTV Front, NSN: 8415–00–FAB–9739—BDU Coat, NSN: 8415–00–FAB–8261—BDU Trouser, MD–REG Desert, Type VII, XXL/XL Woodland, Type VI, L/R NSN: 8470–00–FAB–7244—IOTV Front, NSN: 8415–00–FAB–5329—BDU Coat, NSN: 8415–00–FAB–8250—BDU Trouser, MD–LNG Desert, Type VII, S/XXS Woodland, Type VI, L/S NSN: 8470–00–FAB–7262—IOTV Front, LG– NSN: 8415–00–FAB–9769—BDU Trouser, NSN: 8415–00–FAB–8262—BDU Trouser, REG Woodland, Type I, L/S Woodland, Type VI, L/XL NSN: 8470–00–FAB–7245—IOTV Front, LG– NSN: 8415–00–FAB–8253—BDU Trouser, NSN: 8415–00–FAB–8263—BDU Trouser, LNG Woodland, Type I, L/R Woodland, Type VI, XL/S NSN: 8470–00–FAB–7246—IOTV Front, XL– NSN: 8415–00–FAB–8204—BDU Trouser, NSN: 8415–00–FAB–8264—BDU Trouser, REG

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NSN: 8470–00–FAB–7247—IOTV Front, XL– Pantone, 3X–Large (w/Digital Reflective), L–R LNG NSN: 8470–00–FAB–3567—OTV Vest, NSN: 8415–00–NIB–0869—Army IPFU Jacket NSN: 8470–00–FAB–7248—IOTV Front, 2XL Pantone, 4X–Large (w/Digital Reflective), L–L NSN: 8470–00–FAB–7249—IOTV Front, 3XL NSN: 8470–00–FAB–3624—OTV Throat, NSN: 8415–00–NIB–0870—Army IPFU Jacket NSN: 8470–00–FAB–7250—IOTV Front, 4XL Pantone (w/Digital Reflective), XL–S NSN: 8470–00–FAB–7251—IOTV Back, X– NSN: 8470–00–FAB–3625—OTV Groin, NSN: 8415–00–NIB–0871—Army IPFU Jacket SM Pantone, XSmall–Medium (w/Digital Reflective), XL–R NSN: 8470–00–FAB–7252—IOTV Back, SM NSN: 8470–00–FAB–3626—OTV Groin, NSN: 8415–00–NIB–0872—Army IPFU Jacket NSN: 8470–00–FAB–7253—IOTV Back, MD– Pantone, Large–4XLarge (w/Digital Reflective), XL–L REG NSN: 8470–00–FAB–2390—OTV Vest, NSN: 8415–00–NIB–0873—Army IPFU Jacket NSN: 8470–00–FAB–7254—IOTV Back, MD– Desert, XSmall (w/Digital Reflective), 2XL–S LNG NSN: 8470–00–NIB–0031—OTV Vest, Desert, NSN: 8415–00–NIB–0874—Army IPFU Jacket NSN: 8470–00–FAB–7255—IOTV Back, LG– 4X (w/Digital Reflective), 2XL–R REG NSN: 8415–00–FAB–4705—Army IPFU NSN: 8415–00–NIB–0875—Army IPFU Jacket NSN: 8470–00–FAB–7256—IOTV Back, LG– Jacket, XS–S (w/Digital Reflective), 2XL–L LNG NSN: 8415–00–FAB–4714—Army IPFU NSN: 8415–00–NIB–0876—Army IPFU Jacket NSN: 8470–00–FAB–7257—IOTV Back, XL– Jacket, XS–R (w/Digital Reflective), 3XL–S REG NSN: 8415–00–FAB–4712—Army IPFU NSN: 8415–00–NIB–0877—Army IPFU Jacket NSN: 8470–00–FAB–7258—IOTV Back, XL– Jacket, XS–L (w/Digital Reflective), 3XL–R LNG NSN: 8415–00–FAB–4706—Army IPFU NSN: 8415–00–NIB–0878—Army IPFU Jacket NSN: 8470–00–FAB–7259—IOTV Back, 2XL Jacket, S–S (w/Digital Reflective), 3XL–L NSN: 8470–00–FAB–7260—IOTV Back, 3XL NSN: 8415–00–FAB–4715—Army IPFU NSN: 8415–00–FAB–5407—Army IPFU NSN: 8470–00–FAB–7261—IOTV Back, 4XL Jacket, S–R Pants, L–R NSN: 8470–00–FAB–2391—OTV Vest, NSN: 8415–00–FAB–4713—Army IPFU NSN: 8415–00–FAB–5416—Army IPFU Desert, Small Jacket, S–L Pants, XL–R NSN: 8470–00–FAB–2392—OTV Vest, NSN: 8415–00–FAB–4707—Army IPFU NSN: 8415–00–FAB–5401—Army IPFU Desert, Medium Jacket, M–S Pants, 2XL–R NSN: 8470–00–FAB–2393—OTV Vest, NSN: 8415–00–FAB–4716—Army IPFU NSN: 8415–00–FAB–5404—Army IPFU Desert, Large Jacket, M–R Pants, 3XL–R NSN: 8470–00–FAB–2394—OTV Vest, NSN: 8415–00–FAB–4721—Army IPFU NSN: 8415–00–FAB–5412—Army IPFU Desert, X–Large Jacket, M–L Pants, S–L NSN: 8470–00–FAB–0756—OTV Vest, NSN: 8415–00–FAB–4708—Army IPFU NSN: 8415–00–FAB–5409—Army IPFU Desert, 2X–Large Jacket, L–S Pants, M–L NSN: 8470–00–FAB–0881—OTV Vest, NSN: 8415–00–FAB–4717—Army IPFU NSN: 8415–00–FAB–5406—Army IPFU Desert, 3X–Large Jacket, L–R Pants, L–L NSN: 8470–00–FAB–2283—OTV Throat, NSN: 8415–00–FAB–4722—Army IPFU NSN: 8415–00–FAB–5415—Army IPFU Desert Jacket, L–L Pants, XL–L NSN: 8470–00–FAB–2279—OTV Groin, NSN: 8415–00–FAB–4709—Army IPFU NSN: 8415–00–FAB–5400—Army IPFU Desert, Small–Medium Jacket, XL–S Pants, 2XL–L NSN: 8470–00–FAB–2237—OTV Groin, NSN: 8415–00–FAB–4718—Army IPFU NSN: 8415–00–FAB–5403—Army IPFU Desert, Large–3XLarge Jacket, XL–R Pants, 3XL–L NSN: 8470–00–FAB–5670—OTV Vest, NSN: 8415–00–FAB–4723—Army IPFU NSN: 8415–00–FAB–5420—Army IPFU Woodland, X–Small Jacket, XL–L Pants, XS–S NSN: 8470–00–FAB–5671—OTV Vest, NSN: 8415–00–FAB–4710—Army IPFU NSN: 8415–00–FAB–5414—Army IPFU Woodland, Small Jacket, 2XL–S Pants, S–S NSN: 8470–00–FAB–5669—OTV Vest, NSN: 8415–00–FAB–4719—Army IPFU NSN: 8415–00–FAB–5411—Army IPFU Woodland, Medium Jacket, 2XL–R Pants, M–S NSN: 8470–00–FAB–5668—OTV Vest, NSN: 8415–00–FAB–4724—Army IPFU NSN: 8415–00–FAB–5408—Army IPFU Woodland, Large Jacket, 2XL–L Pants, L–S NSN: 8470–00–FAB–5667—OTV Vest, NSN: 8415–00–FAB–4711—Army IPFU NSN: 8415–00–FAB–5417—Army IPFU Woodland, X–Large Jacket, 3XL–S Pants, XL–S NSN: 8470–00–FAB–4440—OTV Vest, NSN: 8415–00–FAB–4720—Army IPFU NSN: 8415–00–FAB–5402—Army IPFU Woodland, 2X–Large Jacket, 3XL–R Pants, 2XL–S NSN: 8470–00–FAB–4441—OTV Vest, NSN: 8415–00–FAB–4725—Army IPFU NSN: 8415–00–FAB–5405—Army IPFU Woodland, 3X–Large Jacket, 3XL–L Pants, 3XL–S NSN: 8470–00–FAB–4442—OTV Vest, NSN: 8415–00–NIB–0858—Army IPFU Jacket NSN: 8415–00–FAB–5419—Army IPFU Woodland, 4X–Large (w/Digital Reflective), XS–S Pants, XS–R NSN: 8470–00–FAB–0882—OTV Throat, NSN: 8415–00–NIB–0859—Army IPFU Jacket NSN: 8415–00–FAB–5413—Army IPFU Woodland (w/Digital Reflective), XS–R Pants, SS–R NSN: 8470–00–FAB–0883—OTV Groin, NSN: 8415–00–NIB–0860—Army IPFU Jacket NSN: 8415–00–FAB–5410—Army IPFU Woodland, XSmall–Medium (w/Digital Reflective), XS–L Pants, M–R NSN: 8470–00–FAB–0884—OTV Groin, NSN: 8415–00–NIB–0861—Army IPFU Jacket NPA: Blind Industries & Services of Woodland, Large–4XLarge (w/Digital Reflective), S–S Maryland, Baltimore, MD NSN: 8470–00–FAB–3566—OTV Vest, NSN: 8415–00–NIB–0862—Army IPFU Jacket Contracting Activity: Department of Justice, Pantone, X–Small (w/Digital Reflective), S–R Federal Prison System, Unicor, NSN: 8470–00–FAB–3572—OTV Vest, NSN: 8415–00–NIB–0863—Army IPFU Jacket Washington, DC Pantone, Small (w/Digital Reflective), S–L Coverage: C-List for 100% of the NSN: 8470–00–FAB–3573—OTV Vest, NSN: 8415–00–NIB–0864—Army IPFU Jacket requirements of UNICOR as aggregated Pantone, Medium (w/Digital Reflective), M–S by Federal Prison Industries. NSN: 8470–00–FAB–3571—OTV Vest, NSN: 8415–00–NIB–0865—Army IPFU Jacket NSN: 7510–00–NIB–1792—Laser Toner Pantone, Large (w/Digital Reflective), M–R Cartridge, HP 53A & 53X compatible NSN: 8470–00–FAB–3570—OTV Vest, NSN: 8415–00–NIB–0866—Army IPFU Jacket NSN: 7510–00–NIB–1794—Laser Toner Pantone, X–Large (w/Digital Reflective), M–L Cartridge, HP 12A compatible NSN: 8470–00–FAB–3569—OTV Vest, NSN: 8415–00–NIB–0867—Army IPFU Jacket NSN: 7510–00–NIB–1795—Laser Toner Pantone, 2X–Large (w/Digital Reflective), L–S Cartridge, HP 13A & 13X compatible NSN: 8470–00–FAB–3568—OTV Vest, NSN: 8415–00–NIB–0868—Army IPFU Jacket NSN: 7510–00–NIB–1800—Laser Toner

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Cartridge, HP 42A and 42X compatible General Services Administration. concerning each proposed collection of NSN: 7510–00–NIB–1801—Laser Toner NSN: 7110–00–NIB–0064—Double Monitor information, and to allow 60 days for Cartridge, HP 49A compatible Arm, Column Mount, Ergonomic comment in response to the notice. This NSN: 7510–00–NIB–1802—Laser Toner Coverage: B-List for the Broad Government Cartridge, HP 49X compatible Requirement as aggregated by the notice solicits comments on Coverage: A-List for the Total Government General Services Administration. requirements relating to information Requirement as aggregated by the NPA: The Chicago Lighthouse for People collected to assist the Commission in General Services Administration. Who Are Blind or Visually Impaired, the prevention of market manipulation. NSN: 7510–00–NIB–1793—Laser Toner Chicago, IL Cartridge, HP 10A compatible Contracting Activity: GSA/Federal DATES: Comments must be submitted on NSN: 7510–00–NIB–1796—Laser Toner Acquisition Service, Arlington, VA. or before October 26, 2010. Cartridge, HP 39A compatible NSN: 7510–00–NIB–1797—Laser Toner Services FOR FURTHER INFORMATION OR A COPY, Cartridge, HP 96A compatible Service Type/Location: Custodial Service, CONTACT: Riva Spear Adriance, Division NSN: 7510–00–NIB–1798—Laser Toner National Weather Service, 587 Aero of Market Oversight, U.S. Commodity Cartridge, HP 51A & 51X compatible Drive, Buffalo, NY. Futures Trading Commission, 1155 21st NSN: 7510–00–NIB–1799—Laser Toner NPA: Suburban Adult Services, Inc., Elma, Street, NW., Washington, DC 20581, Cartridge, 43X compatible NY. Coverage: B-List for the Broad Government Contracting Activity: Dept of Comm/Nat (202) 418–5494; FAX: (202) 418–5527; Requirement as aggregated by the Ocean and Atmos Admin, Norfolk, VA. e-mail: [email protected] and refer to General Services Administration. Service Type/Location: Custodial Service, OMB Control No. 3038–0054. NPA: Alabama Industries for the Blind, Marine Corps Air Station, Cherry Point, Talladega, AL NC. SUPPLEMENTARY INFORMATION: Under the Contracting Activity: GSA/Federal NPA: Coastal Enterprises of Jacksonville, PRA, Federal agencies must obtain Acquisition Service, New York, NY. Inc., Jacksonville, NC approval from the Office of Management NSN: 7530–00–NIB–0921—Thermal Paper, Contracting Activity: Dept of the Navy, Naval and Budget (OMB) for each collection of Calculator and Printing Machine FAC Engineering CMD MID LANT, information they conduct or sponsor. Coverage: A-List for the Total Government Norfolk, VA. ‘‘ ’’ Service Type/Location: Custodial Service, Collection of Information is defined in Requirement as aggregated by the 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) General Services Administration. Hickam AFB, HI. NSN: 7530–00–NIB–0922—Thermal Paper NPA: Opportunities for the Retarded, Inc., and includes agency requests or Rolls, Cash Register/Point of Sale Wahiawa, HI. requirements that members of the public NSN: 7530–00–NIB–0923—Thermal Paper Contracting Activity: Dept of the Air Force, submit reports, keep records, or provide Roll FA5215 15 CONS LGC, Hickam AFB, HI. information to a third party. Section Coverage: B-List for the Broad Government Service Type/Location: Mail Service, DFAS, Indianapolis, IN, (Offsite: AWRC, 2762 350(c)(2)(A) of the PRA, 44 Section Requirement as aggregated by the 3506(c)(2)(A), requires Federal agencies General Services Administration. Rand Road, Indianapolis, IN) NPA: Cincinnati Association for the Blind, NPA: Anthony Wayne Rehabilitation Center to provide a 60-day notice in the Cincinnati, OH for Handicapped and Blind, Inc., Fort Federal Register concerning each Contracting Activity: GSA/Federal Wayne, IN proposed collection of information, Acquisition Service, New York, NY. Contracting Activity: Defense Finance and including each proposed extension of an NSN: 4510–01–426–4187—SKILCRAFT–Zep Accounting Service (DFAS), Indianapolis, IN. existing collection of information, Meter Mist 3000 Plus Dispenser before submitting the collection to OMB NPA: Envision, Inc., Wichita, KS Barry S. Lineback, NSN: 6840–01–368–4785—SKILCRAFT–Zep to approve. To comply with this Meter Mist Refill Director, Business Operations. requirement, the CFTC is publishing NSN: 6840–01–368–4787—SKILCRAFT–Zep [FR Doc. 2010–21380 Filed 8–26–10; 8:45 am] notice of the proposed collection of the Meter Mist Refill BILLING CODE 6353–01–P information below. NSN: 6840–01–368–4789—SKILCRAFT–Zep With respect to the following Meter Mist Refill collection of information, the CFTC NSN: 6840–01–425–8232—SKILCRAFT–Zep COMMODITY FUTURES TRADING Meter Mist Refill invites comments on: COMMISSION NSN: 6840–01–429–5864—SKILCRAFT–Zep Whether the proposed collection of Meter Mist Refill information is necessary for the proper NPA: Lighthouse for the Blind, St. Louis, MO Agency Information Collection Contracting Activity: GSA/Federal Activities Under OMB Review: Notice performance of the functions of the Acquisition Service, Fort Worth, TX. of Intent To Renew Collection 3038– Commission, including whether the Coverage: A-List for the Total Government 0054, Establishing Procedures To information will have a practical use; Requirement as aggregated by the Implement the Notification The accuracy of the Commission’s General Services Administration. Requirements for Entities Operating as estimate of the burden of the proposed NSN: 9905–00–NIB–0046—Wet Floor Sign. Exempt Markets NPA: New York City Industries for the Blind, collection of information, including the Inc., Brooklyn, NY. AGENCY: Commodity Futures Trading validity of the methodology and Contracting Activity: GSA/Federal Commission. assumptions used; Acquisition Service, Fort Worth, TX. ACTION: Notice. Ways to minimize the burden of Coverage: A-List for the Total Government collection of information on those who Requirement as aggregated by the SUMMARY: The Commodity Futures General Services Administration. Trading Commission (CFTC) is are to respond, including through the NSN: 7195–00–NIB–0018—Foot Rest, announcing an opportunity for public use of appropriate electronic, Ergonomic Adjustable comment on the proposed collection of mechanical, or other technological NSN: 7195–00–NIB–0019—Foot Rest, certain information by the agency. collection techniques or other forms of Ergonomic Adjustable information technology; e.g., permitting NSN: 7110–00–NIB–0063—Monitor Arm, Under the Paperwork Reduction Act of Column Mount, Ergonomic 1995 (PRA), 44 U.S.C. 3501 et seq., electronic submission of responses. Coverage: A-List for the Total Government Federal agencies are required to publish Requirement as aggregated by the notice in the Federal Register

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Establishing Procedures To Implement information collection, including The Commission staff will brief the the Notification Requirements for suggestions for reducing the burden, to Commission on the status of compliance Entities Operating as Exempt—Markets the addresses listed below. Please refer matters. OMB Control No. 3038–0054— to OMB Control No. 3038–0054 in any For a recorded message containing the Extension correspondence. latest agenda information, call (301) Sections 2(h)(3) through (5) of the Riva Spear Adriance, Division of 504–7948. Commodity Exchange Act (Act) add Market Oversight, U.S. Commodity CONTACT PERSON FOR MORE INFORMATION: exempt commercial markets as markets Futures Trading Commission, 1155 21st Todd A. Stevenson, Office of the excluded from the Act’s other Street, NW., Washington, DC 20581, and Secretary, U.S. Consumer Product requirements. The rules implement the Office of Information and Regulatory Safety Commission, 4330 East West qualifying conditions of the exemption. Affairs, Office of Management and Highway, Bethesda, MD 20814, (301) Rule 36.3(a) implements the notification Budget, Attention: Desk Officer for 504–7923. CFTC, 725 17th Street, Washington, DC requirements, and rule 36.3(b)(1) Dated: August 24, 2010. 20503. establishes information requirements for Todd A. Stevenson, exempt commercial markets consistent Dated: August 19, 2010. Secretary. David Stawick, with sections 2(h)(5)(B) of the Act. An [FR Doc. 2010–21511 Filed 8–25–10; 4:15 pm] exempt commercial markets consistent Secretary of the Commission. BILLING CODE 6355–01–P with Section 2(h)(5)(B) of the Act. An [FR Doc. 2010–21144 Filed 8–26–10; 8:45 am] exempt commercial market may provide BILLING CODE P the Commission with access to DEPARTMENT OF DEFENSE transactions conducted on the facility or it can satisfy its reporting requirements CONSUMER PRODUCT SAFETY Office of the Secretary by complying with the Commission’s COMMISSION reporting requirements. The Act Renewal of Department of Defense affirmatively vests the Commission’s Sunshine Act Meetings Federal Advisory Committee; Missile reporting requirements. The Act Defense Advisory Committee affirmatively vests the Commission with TIME AND DATE: Wednesday, September comprehensive antimanipulation 1, 2010, 10 a.m.–11 a.m. AGENCY: Department of Defense (DoD). enforcement authority over these PLACE: Hearing Room 420, Bethesda ACTION: Renewal of Federal Advisory trading facilities. The Commission is Towers, 4330 East West Highway, Committee. charged with monitoring these markets Bethesda, Maryland. SUMMARY: Under the provisions of the for manipulation and enforcing the STATUS: Commission Meeting—Open to Federal Advisory Committee Act of antimanipulation provisions of the Act. the Public. 1972, (5 U.S.C. Appendix), the The informational requirements MATTERS TO BE CONSIDERED: Government in the Sunshine Act of imposed by proposed rules are designed 1. Final Interpretative Rule: 1976 (5 U.S.C. 552b), and 41 CFR 102– to ensure that the Commission can Interpretation of Children’s Product. 3.50, the Department of Defense gives effectively perform these functions. A live Webcast of the Meeting can be Section 5d of the Act establishes a notice that it is renewing the charter for viewed at http://www.cpsc.gov/webcast. the Missile Defense Advisory category of market exempt from For a recorded message containing the proposed rules are designed to ensure Committee (hereafter referred to as the latest agenda information, call (301) Committee). that the Commission can effectively 504–7948. FOR FURTHER INFORMATION CONTACT: Jim perform these functions. CONTACT PERSON FOR MORE INFORMATION: Freeman, Deputy Committee Section 5d of the Act establishes a Todd A. Stevenson, Office of the category of market exempt from Management Officer for the Department Secretary, U.S. Consumer Product of Defense, 703–601–6128. Commission oversight referred to as an Safety Commission, 4330 East West SUPPLEMENTARY INFORMATION: ‘‘exempt board of trade.’’ Rule 36.2 Highway, Bethesda, MD 20814, (301) The implements regulations that define 504–7923. Committee is a discretionary Federal those commodities that are eligible to advisory committee established to trade on an exempt board of trade. Rule Dated: August 24, 2010. provide the Secretary of Defense, 36.2(b) implements the notification Todd A. Stevenson, through the Under Secretary of Defense requirements of Section 5d of the Act. Secretary. for Acquisition, Technology & Logistics Rule 36.2(b)(1) requires exempt boards [FR Doc. 2010–21510 Filed 8–25–10; 4:15 pm] and the Director, Missile Defense of trade relying on this exemption to BILLING CODE 6355–01–P Agency, independent advice and disclose to traders that the facility and recommendations on all matters relating trading on the facility are not regulated to missile defense, including system by the Commission. This requirement is CONSUMER PRODUCT SAFETY development, technology, program necessary to make manifest the nature of COMMISSION maturity and readiness of configurations the market and to avoid misleading the for the Ballistic Missile Defense System. public. The Commission estimates the Sunshine Act Meetings The Under Secretary of Defense for burden of this collection of information Acquisition, Technology and Logistics TIME AND DATE: Wednesday, September or designee may act upon the as follows: 1, 2010; 11 a.m.–12 Noon. Committee’s advice and Estimated Annual Reporting Burden PLACE: Hearing Room 420, Bethesda recommendations. Number of Respondents: 25. Towers, 4330 East West Highway, The Committee shall be composed of Total Annual Responses: 25. Bethesda, Maryland. not more than fifteen Committee Total Annual Hours: 250. STATUS: Closed to the Public. members, who are eminent authorities Send comments regarding the burden MATTERS TO BE CONSIDERED: Compliance in the field of national defense policy, estimated or any other aspect of the Status Report. acquisition and technical areas relating

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to Ballistic Missile Defense System Subcommittee members, who are not ACTION: Notice of availability. Programs. Committee members, shall be appointed Committee members appointed by the in the same manner as the Committee SUMMARY: The Department of the Army Secretary of Defense, who are not full- members. announces the availability of a ROD that time or permanent part-time Federal The Committee shall meet at the call documents and summarizes the officers or employees, shall serve as of the Committee’s Designated Federal implementation of the preferred special government employees under Officer, in consultation with the alternative described in the Fort Bliss the authority of 5 U.S.C. 3109. With the Chairperson. The estimated number of Army Growth and Force Structure exception of travel and per diem for Committee meetings is four per year. Realignment Final Environmental official travel, Committee members shall The Designated Federal Officer, Impact Statement (hereinafter referred normally serve without compensation, pursuant to DoD policy, shall be a full- to as the FEIS). The preferred alternative unless the Secretary of Defense time or permanent part-time DoD consists of actions in three different authorizes compensation for a particular employee, and shall be appointed in categories (stationing/training, land use member(s). accordance with established DoD changes, and training infrastructure Committee members shall be policies and procedures. In addition, the improvements) of interrelated appointed by the Secretary of Defense to Designated Federal Officer is required to alternatives. serve an initial two-year term not to be in attendance at all Committee and The following actions will be exceed four years on the Committee. subcommittee meetings, however, in the implemented as elements of the Committee members shall be renewed absence of the Designated Federal preferred alternative: The stationing of on an annual basis by the Secretary of Officer, the Alternate Designated two Infantry Brigade Combat Teams Defense. The Under Secretary of Federal Officer shall attend the meeting. (IBCTs), up to two Stryker Brigade Defense for Acquisition, Technology & Pursuant to 41 CFR 102–3.105(j) and Combat Teams (SBCTs), and various Logistics or designee, in keeping with 102–3.140, the public or interested support units to Fort Bliss (Stationing Department of Defense procedures for organizations may submit written Action Alternative 4); land use changes appointments, may extend a members statements to the Missile Defense that allow fixed site bivouac areas, term on the Committee. Member Advisory Committee membership about mission support facilities, live-fire appointments will be staggered among the Committee’s mission and functions. ranges and off-road vehicle grounds in the Committee membership to ensure an Written statements may be submitted at new locations in the vicinity of the orderly turnover in the Committee’s any time or in response to the stated Sacramento Mountains and areas of overall composition on a periodic basis. agenda of planned meeting of the McGregor Range (Land Use Alternative The Secretary of Defense, based upon Missile Defense Advisory Committee. 5); and training infrastructure the recommendation of the Under All written statements shall be improvements, including construction Secretary of Defense for Acquisition, submitted to the Designated Federal of new ranges to support the stationing Technology & Logistics, shall appoint Officer for the Missile Defense Advisory of IBCTs and SBCTs, expansion of the Committee’s Chairperson. The Committee, and this individual will existing range camps, construction of 16 Under Secretary of Defense for ensure that the written statements are Contingency Operating Locations Acquisition, Technology & Logistics provided to the membership for their (COLs), and construction of a rail line shall appoint the Vice Chairperson, consideration. Contact information for connecting the Fort Bliss Cantonment to based on the recommendation of the the Missile Defense Advisory the Fort Bliss Training Complex Director, Missile Defense Agency. The Committee Designated Federal Officer (Training Infrastructure Alternative 4). Committee Chairperson and Vice can be obtained from the GSA’s FACA ADDRESSES: Copies of the ROD are Chairperson shall serve two-year terms Database—https://www.fido.gov/ available from Mr. John F. Barrera, and, with the concurrence of the facadatabase/public.asp. IMWE–BLS–PWE, Building 624, Taylor The Designated Federal Officer, appointing authority, may be Road, Fort Bliss, TX 79916–6812; e- pursuant to 41 CFR 102–3.150, will reappointed in these positions for mail: [email protected]. announce planned meetings of the additional terms. FOR FURTHER INFORMATION CONTACT: Ms. Missile Defense Advisory Committee. With DOD approval, the Committee is Jean Offutt, Public Affairs Officer, The Designated Federal Officer, at that authorized to establish subcommittees, IMWE–BLS–PA; Fort Bliss, TX 79916– time, may provide additional guidance as necessary and consistent with its 6812; telephone: (915) 568–4505; fax: on the submission of written statements mission. These subcommittees or (915) 568–2995; e-mail: jean.offutt@us that are in response to the stated agenda working groups shall operate under the .army.mil. for the planned meeting in question. provisions of the Federal Advisory SUPPLEMENTARY INFORMATION: The ROD Committee Act of 1972, the Government Dated: August 24, 2010. supports Army expansion, future in the Sunshine Act of 1976 (5 U.S.C. Mitchell S. Bryman, stationing actions, and land use changes 552b), and other appropriate Federal Alternate OSD Federal Register Liaison and training infrastructure statutes and regulations. Officer, Department of Defense. improvements. These changes take Such subcommittees or workgroups [FR Doc. 2010–21377 Filed 8–26–10; 8:45 am] advantage of Fort Bliss’s varied terrain shall not work independently of the BILLING CODE 5001–06–P and full suite of training ranges which chartered Committee, and shall report will allow collocation of heavy, light, all their recommendations and advice to and aviation combat units and support the Committee for full deliberation and DEPARTMENT OF DEFENSE units. discussion. Subcommittees or Land use analysis focused primarily workgroups have no authority to make Department of the Army on the McGregor Range’s northeast decisions on behalf of the chartered Record of Decision (ROD) for Fort terrain, with minor changes in the Committee nor, can they report directly Bliss Army Growth and Force southeast and Tularosa Basin portions to the Department of Defense or any Structure Realignment to support light infantry training. None Federal officers or employees who are of the land use changes involve the Culp not Committee members. AGENCY: Department of the Army, DoD. Canyon Wilderness Study Area or the

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Black Grama Grassland Area of Critical SUMMARY: In compliance with the Use EPA’s electronic docket and Environmental Concern. Paperwork Reduction Act (PRA) (44 comment system at http:// Construction of additional firing U.S.C. 3501 et seq.), this document www.regulations.gov to submit or view ranges and the expansion or announces an Information Collection public comments, access the index construction of administrative and Request (ICR) has been forwarded to the listing of the contents of the docket, and training support facilities were also Office of Management and Budget to access those documents in the docket analyzed. (OMB) for review and approval. This is that are available electronically. Once in The effects of implementing the ROD a request to renew an existing approved the system, select ‘‘search,’’ then key in alternatives included substantial erosion collection. This ICR describes the nature the docket ID number identified in this to interior range roads, requiring of the information collection and its document. Please note that EPA’s policy increased maintenance. Frequent estimated burden and cost. is that public comments, whether overseas deployments will require an DATES: Comments must be submitted on submitted electronically or in paper, increase in training, which may reduce or before September 27, 2010. will be made available for public public and Native American access to ADDRESSES: Submit your comments, viewing at www.regulations.gov as EPA some areas of the installation. Use of referencing Docket ID No. EPA–HQ– receives them and without change, restricted airspace for military training OW–2008–0719 to (1) EPA online using unless the comment contains will increase, making military http://www.regulations.gov (our copyrighted material, confidential scheduling of the airspace more preferred method), by e-mail to ow- business information (CBI), or other complex. Training-related noise remains [email protected], or by mail to: EPA information whose public disclosure is significant in areas adjacent to Dona Docket Center, Environmental restricted by statute. For further Ana Range and portions of McGregor Protection Agency, Water Docket, Mail information about the electronic docket, Range. The Army has identified Code 28221T, 1200 Pennsylvania Ave., go to www.regulations.gov. measures in the FEIS to mitigate most of NW., Washington, DC 20460, and (2) Title: Cooling Water Intake Structure the significant environmental effects. OMB at: Office of Information and Phase II Existing Facilities (Renewal). The preferred alternatives may result in Regulatory Affairs, Office of ICR Numbers: EPA ICR No. 2060.04, a small increase in the economic benefit Management and Budget (OMB), OMB Control No. 2040–0257. ICR Status: This ICR is currently provided by growth of the installation, Attention: Desk Officer for EPA, 725 scheduled to expire on August 31, 2010. and a small decrease in certain quality 17th Street, NW., Washington, DC of life indicators (e.g., traffic, air An Agency may not conduct or sponsor, 20503. quality). and a person is not required to respond The ROD, FEIS and other FOR FURTHER INFORMATION CONTACT: to, a collection of information, unless it environmental documents are available Amelia Letnes, State and Regional displays a currently valid OMB control on the Fort Bliss Web site (http:// Branch, Water Permits Division, OWM number. The OMB control numbers for www.bliss.army.mil) or at the following Mail Code: 4203M, Environmental EPA’s regulations in title 40 of the CFR, locations: El Paso, TX: Richard Burges Protection Agency, 1200 Pennsylvania after appearing in the Federal Register Regional Library, 9600 Dyer; Irving Ave., NW., Washington, DC 20460; when approved, are listed in 40 CFR Schwartz Branch Library, 1865 Dean telephone number: (202) 564–5627; e- Part 9, and displayed either by Martin; the Clardy Fox Branch Library, mail address: [email protected]. publication in the Federal Register or 5515 Robert Alva; Doris van Doren SUPPLEMENTARY INFORMATION: by other appropriate means, such as on Regional Branch Library, 551 Redd the related collection instrument or Road; Las Cruces, NM: New Mexico How Can I Access the Docket and/or form, if applicable. The display of OMB State University Zuhl Library, 2999 Submit Comments? control numbers in certain EPA McFie Circle; Alamogordo, NM: EPA has submitted the following ICR regulations is consolidated in 40 CFR Alamogordo Public Library, 920 Oregon to OMB for review and approval Part 9. Avenue. according to the procedures prescribed Abstract: The section 316(b) Phase II Dated: August 12, 2010. in 5 CFR 1320.12. On June 21, 2010 (75 Existing Facility rule requires the FR 35022), EPA sought comments on collection of information from existing Addison D. Davis, IV, this ICR pursuant to 5 CFR 1320.8(d). point source facilities that generate and Deputy Assistant Secretary of the Army transmit electric power (as a primary (Environment, Safety, and Occupational EPA received 1 comment during the Health). comment period, which is addressed in activity) or generate electric power but the ICR. Any additional comments on sell it to another entity for transmission, [FR Doc. 2010–21376 Filed 8–26–10; 8:45 am] this ICR should be submitted to EPA use a cooling water intake structure BILLING CODE 3710–08–P and OMB within 30 days of this notice. (CWIS) that uses at least 25 percent of EPA has established a public docket the water it withdraws from waters of for this ICR under Docket ID No. EPA– the U.S. for cooling purposes, and have ENVIRONMENTAL PROTECTION HQ–OW–2008–0719, which is available a design intake flow of 50 million AGENCY for online viewing at http:// gallons per day (MGD) or more. Section [EPA–HQ–OW–2008–0719, FRL–9194–1] www.regulations.gov, or in person 316(b) of the Clean Water Act (CWA) viewing at the Water Docket in the EPA requires that any standard established Agency Information Collection Docket Center (EPA/DC), EPA West, under section 301 or 306 of the CWA Activities; Submission to OMB for Room 3334, 1301 Constitution Ave., and applicable to a point source must Review and Approval; Cooling Water NW., Washington, DC. The EPA/DC require that the location, design, Intake Structure Phase II Existing Public Reading Room is open from 8:30 construction and capacity of CWISs at Facilities (Renewal), EPA ICR No. a.m. to 4:30 p.m., Monday through that facility reflect the best technology 2060.04, OMB Control No. 2040–0257 Friday, excluding legal holidays. The available (BTA) for minimizing adverse AGENCY: Environmental Protection telephone number for the Reading Room environmental impact. Such impact Agency (EPA). is 202–566–1744, and the telephone occurs as a result of impingement number for the Water Docket is 202– (where fish and other aquatic life are ACTION: Notice. 566–2426. trapped on technologies at the entrance

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to CWIS) and entrainment (where information; search data sources; State water quality standards and for aquatic organisms, eggs, and larvae are complete and review the collection of which total maximum daily loads taken into the cooling system, passed information; and transmit or otherwise (TMDLs) must be prepared. through the heat exchanger, and then disclose information. On July 9, 2010, EPA partially pumped back out with the discharge Respondents/Affected Entities: approved and partially disapproved from the facility). The 316(b) Phase II Electric power generating facilities, South Dakota’s Section 303(d) list rule establishes requirements applicable State governments. submittal for the 2010 listing cycle. to the location, design, construction, Estimated Number of Respondents: Specifically, EPA approved South and capacity of CWISs at Phase II 514 (472 facilities and 42 states). Dakota’s listing of 151 waters, existing facilities. These requirements Frequency of Response: Bi-annually, associated pollutants, and associated establish the BTA for minimizing every five years. priority rankings. EPA disapproved adverse environmental impact Estimated Total Annual Hour Burden: South Dakota’s decision to not include associated with the use of CWISs. 1,023,521 hours. 12 lakes that had been on the 2008 list. The 316(b) Phase II rule was signed Estimated Total Annual Cost: EPA evaluated all the existing and on February 16, 2004. Industry and $74,199,667. This includes an estimated readily available data and information environmental groups, and a number of burden cost of $64,224,198 and an on the lakes and concluded that the states filed legal challenges to the rule. estimated cost of $9,975,469 for capital beneficial uses for these lakes are not Several issues were heard by the Second investment or operation & maintenance. being fully met. Based on this Circuit’s Court of Appeals, which issued Changes in the Estimates: The change evaluation EPA has determined that the a decision on January 25, 2007 in burden results mainly from the shift following 12 lakes are not fully attaining remanding portions of the rule (see from the approval period to the renewal the water quality standards established Riverkeeper, Inc. v. U.S. EPA, No. 04– period of the 316(b) Phase II Existing by the State of South Dakota and should 6692–ag(L) [2d Cir. Jan. 25, 2007]). Facilities rule. The currently approved be included on the State’s list of Industry groups also petitioned the ICR (EPA ICR No. 2060.03) covers the impaired waters: Waggoner Lake Supreme Court on several issues, which last 2 years of the permit approval (Haakon County), Bierman Dam (Spink issued a decision on April 1, 2009. period (i.e., years 4 and 5 after County), Lake Carthage (Miner County), (Entergy Corp. v. Riverkeeper, Inc., No. implementation) and the first year of the Lake Isabel (Dewey County), Twin Lakes 07–588). EPA subsequently suspended renewal period (i.e., year 6 after (Sanborn County), Wilmarth Lake the 316(b) Phase II rule on July 9, 2007 implementation). This proposed ICR (Aurora County), Rahn Lake (Tripp and is currently in the process of covers renewal of permits only (years 7 County), Cottonwood Lake (Sully developing a revised rule for existing to 9 after implementation). Activities for County), East Vermillion Lake (McCook facilities. However, permitting renewing an NPDES permit already County), Bullhead Lake (Deuel County), authorities are still required under issued under the 316(b) Phase II Lake Campbell (Campbell County), and section 301 of the CWA to establish Existing Facilities rule are less Lake Pocasse (Campbell County). BTA permit limits using best burdensome than those for issuing a EPA is providing the public the professional judgment. The existing permit for the first time. opportunity to review its decision to Phase II rule provides a framework for add these lakes to South Dakota’s 2010 the type of information a permit Dated: August 23, 2010. Section 303(d) list, as required by EPA’s authority needs to establish appropriate Richard T. Westlund, Public Participation regulations. EPA BTA limits for CWISs. This ICR does not Acting Director, Collection Strategies will consider public comments in address the results of court decisions or Division. reaching its final decision to add these any proposed regulation. [FR Doc. 2010–21426 Filed 8–26–10; 8:45 am] lakes to the State’s list. Burden Statement: The annual BILLING CODE 6560–50–P DATES: Comments must be submitted to average reporting and recordkeeping EPA on or before September 27, 2010. burden for the collection of information ADDRESSES: Comments on the proposed by facilities responding to the Section ENVIRONMENTAL PROTECTION decision should be sent to Tom Johnson, 316(b) Phase II Existing Facility rule is AGENCY Water Quality Unit (8EPR–EP), U.S. estimated to be 2,071 hours per [FRL–9189–7] Environmental Protection Agency respondent. The state Director reporting Region 8, 1595 Wynkoop Street, Denver, and recordkeeping burden for the Clean Water Act Section 303(d): CO 80202–1129, telephone (303) 312– review, oversight, and administration of Availability of List Decisions 6226, facsimile (303) 312–7206, e-mail the rule is estimated to average 1,101 [email protected]. Oral comments hours per respondent. Burden means AGENCY: Environmental Protection will not be considered. Copies of EPA’s the total time, effort, or financial Agency (EPA). resources expended by persons to letter concerning South Dakota’s list ACTION: Notice and request for that explains the rationale for EPA’s generate, maintain, or disclose or comments. provide information to or for a Federal decision can be obtained at EPA Region agency. This includes the time needed SUMMARY: This notice announces the 8’s Web site at http://www.epa.gov/ to review instructions; develop, acquire, availability of EPA’s decision region08/water/tmdl, or by writing or install, and use technology and systems identifying 12 water quality limited calling Mr. Johnson at the above for the purposes of collecting, waterbodies and associated pollutants address. Underlying documents from validating, and verifying information, in South Dakota to be listed pursuant to the administrative record for these processing and maintaining the Clean Water Act Section 303(d)(2), decisions are available for public information, and disclosing and and requests public comment. Section inspection at the above address. Please providing information; adjust the 303(d)(2) requires that States submit and contact Mr. Johnson to schedule an existing ways to comply with any EPA approve or disapprove lists of inspection. previously applicable instructions and waters for which existing technology- FOR FURTHER INFORMATION CONTACT: Tom requirements; train personnel to be able based pollution controls are not Johnson at (303) 312–6226 or johnson. to respond to a collection of stringent enough to attain or maintain [email protected].

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SUPPLEMENTARY INFORMATION: Section Historically, EPA has met this mandate and U.S. Army COE Section 404 303(d) of the Clean Water Act (CWA) by publishing weekly notices of Permit, Philadelphia, PA, Wait Period requires that each State identify those availability of EPA comments, which Ends: 09/27/2010, Contact: Susan waters for which existing technology- includes a brief summary of EPA’s McDonald 717–730–2841. based pollution controls are not comment letters, in the Federal EIS No. 20100335, Draft Supplement, stringent enough to attain or maintain Register. Since February 2008, EPA has NOAA, 00, Amendment 11 to the State water quality standards. For those been including its comment letters on Atlantic Mackerel, Squid, and waters, States are required to establish EISs on its Web site at: http:// Butterfish (MSB), Update Information TMDLs according to a priority ranking. www.epa.gov/compliance/nepa/ MSB Essential Fish Habitat; Establish EPA’s Water Quality Planning and eisdata.html. Including the entire EIS a Mackerel Recreational Allocation; Management regulations include comment letters on the website satisfies Establish a Cap to Limit the At-Sea requirements related to the the Section 309(a) requirement to make Processing of Mackerel, Fishery implementation of Section 303(d) of the EPA’s comments on EISs available to Management Plan (FMP), Establish an CWA (40 CFR 130.7). The regulations the public. Accordingly, on March 31, Atlantic Mackerel Limited Access require States to identify water-quality- 2010, EPA discontinued the publication Program, Implementation, Comment limited waters still requiring TMDLs of the notice of availability of EPA Period Ends: 10/12/2010, Contact: every two years. The lists of waters still comments in the Federal Register. Patricia A. KurKul 978–281–9250. EIS No. 20100336, Draft EIS, FTA, NC, needing TMDLs must also include EIS No. 20100317, Final EIS, NOAA, 00, LYNX—Blue Line Extension priority rankings, identify the pollutants PROGRAMMATIC—Coral Restoration Northeast Corridor Light Rail Project, causing the impairment, and must in the Florida Keys and Flower Proposed Light Rail Extension from identify the waters targeted for TMDL Garden Banks National Marine development during the next two years Center City Charlotte to I–485 near the Sanctuaries, Implementation, FL, TX, Mecklenburg-Cabarrus County Line, (40 CFR 130.7). and LA, Wait Period Ends: 09/27/ Consistent with EPA’s regulations, Charlotte-Mecklenburg County, NC, 2010, Contact: Alice Stratton 203– Comment Period Ends: 10/12/2010, South Dakota submitted to EPA its 882–6515. listing decisions under Section 303(d)(2) Contact: Keith Melton 404–856–5600 EIS No. 20100330, Final EIS, USFS, OR, This document is available on the in correspondence dated March 29, Off-Highway Vehicle (OHV) 2010. On July 9, 2010, EPA approved Internet at: http://charmeck.org/city/ Management Plan, Including Forest charlotte/cats/planning/BLE/Pages/ South Dakota’s listing of 151 waters and Plan Amendment #17, Designation of associated priority rankings. EPA deisstudy.aspx. Roads, Trails and Areas for OHV Use EIS No. 20100337, Final EIS, NRC, WY, disapproved South Dakota’s decision on Mt. Hood National Forest, not to include 12 lakes in its list. EPA Moore Ranch In-Situ Uranium Implementation, Clackamas, Hood Recovery (ISR) Project, Proposal to solicits public comment on the addition River, Multnomah, and Wasco of these 12 lakes to the State’s list, as Construct, Operate, Conduct Aquifer Counties, OR, Wait Period Ends: 09/ Restoration, and Decommission an In- required by EPA’s Public Participation 27/2010, Contact: Michelle Lombardo regulations (40 CFR Part 25). Situ Recovery (ISR) Facility, NUREG– 503–668–1796. 1910, Campbell County, WY, Wait Authority: Clean Water Act, 33 U.S.C. 1251 EIS No. 20100331, Draft EIS, NOAA, 00, Period Ends: 09/27/2010, Contact: et seq. Harvest Specifications and Behram Shroff 301–415–0666. Dated: August 4, 2010. Management Measures for the 2011– EIS No. 20100338, Draft EIS, BLM, CA, Martin Hestmark, 2012 Pacific Coast Groundfish Fishery First Solar Desert Sunlight Solar Farm Acting Assistant Regional Administrator, and Amendment 16–5 to the Pacific (DSSF) Project, Proposing To Develop Office of Ecosystems Protection and Coast Groundfish Fishery a 550-Megawatt Photovoltaic Solar Remediation. Management Plan, and Adopt a Project, Also Proposes to Facilitate the [FR Doc. 2010–21390 Filed 8–26–10; 8:45 am] Rebuilding Plan for Petrale Sole, RIN– Construction and Operation of the BILLING CODE 6560–50–P 0648–BA01, WA, OR and CA, Red Bluff Substation, California Comment Period Ends: 10/12/2010, Desert Conservation Area (CDCA Contact: William W. Steele, Jr. 206– Plan, Riverside County, CA, Comment ENVIRONMENTAL PROTECTION 526–6150. Period Ends: 11/26/2010, Contact: AGENCY EIS No. 20100332, Final EIS, NPS, MD, Allison Shaffer 760–833–7100. Monocacy National Battlefield, EIS No. 20100339, Final EIS, BLM, CA, [ER–FRL–8992–4] General Management Plan, Genesis Solar Energy Project, Environmental Impacts Statements; Implementation, Frederick County, Application for a Right-of-Way Grant Notice of Availability MD, Wait Period Ends: 09/27/2010, to Construct, Operate and Contact: Susan Trail 301–694–3147. Decommission a Solar Thermal Responsible Agency: Office of Federal EIS No. 20100333, Final EIS, NPS, 00, Facility on Public Lands, California Activities, General Information (202) Harpers Ferry National Historical Desert Conservation Area Plan, 564–1399 or http://www.epa.gov/ Park, General Management Plan, Riverside County, CA, Wait Period compliance/nepa/3. Implementation, Harpers Ferry, Ends: 09/27/2010, Contact: Allison Weekly receipt of Environmental Impact Jefferson County, WV; Loudoun Shaffer 760–833–7104. Statements. County, VA; and Washington County, EIS No. 20100340, Final EIS, USA, WA, Filed 08/16/2010 Through 08/20/2010. MD, Wait Period Ends: 09/27/2010, Fort Lewis Army Growth and Force Pursuant to 40 CFR 1506.9. Contact: Rebecca L. Harriett 304–535– Structures Realignment, 6224. Implementation, Fort Lewis and Notice EIS No. 20100334, Final EIS, FAA, PA, Yakima Training Center, Kittitas, In accordance with Section 309(a) of Philadelphia International Airport Pierce, Thurston and Yakima the Clean Air Act, EPA is required to (PHL) Capacity Enhancement Program Counties, WA, Wait Period Ends: 09/ make its comments on EISs issued by (CEP) To Accommodate Current and 27/2010, Contact: Lisa Booher 410– other Federal agencies public. Future Aviation Demand, Funding 436–2405.

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Amended Notices DATES: Tuesday, October 5, 2010 from 9 ENVIRONMENTAL PROTECTION EIS No. 20100305, Draft EIS, NPS, AK, a.m. to 4 p.m. Registration begins at 8:30 AGENCY Nabesna Off-Road Vehicle a.m. [EPA–HQ–OPP–2010–0213; FRL–8839–2] Management Plan, Implementation, ADDRESSES: The meeting is tentatively Wrangell-St. Elias National Park and scheduled to be held at EPA’s National Pesticide Product Registrations; Preserve, AK, Comment Period Ends: Vehicle Fuels and Emissions Laboratory Unconditional and Conditional 11/10/2010, Contact: Bruce Rogers (NVFEL), 2000 Traverwood, Ann Arbor, Approvals 907–822–7276, Revision to FR Notice Michigan 48105. However, this date and AGENCY: Environmental Protection Published 08/13/2010: Correction to location are subject to change and Agency (EPA). Title and Extending the Comment interested parties should monitor the Period from 09/27/2010 to 11/10/ ACTION: Subcommittee Web site for the latest Notice. 2010. logistical information. EIS No. 20100328, Final EIS, DOE, KS, SUMMARY: This notice announces the Abengoa Biorefinery Project, To FOR FURTHER INFORMATION CONTACT: For Agency’s issuance, pursuant to the Support the Design, Construction, and technical information: John Guy, provisions of section 3(c)(5) and 3(c)(7) Startup of a Commercial-Scale Designated Federal Officer, of the Federal Insecticide, Fungicide, Integrated Biorefinery, Federal Transportation and Regional Programs and Rodenticide Act (FIFRA), of Funding, Located near the City Division, Mailcode 6403J, U.S. EPA, registrations for pesticide products Hugoton, Stevens County, KS, 1200 Pennsylvania Ave., NW., containing active ingredients that were not in any registered pesticide products Comment Period Ends: 09/20/2010, Washington, DC 20460; Ph: 202–343– at the time of their respective Contact: Kristin Kerwin 720–356– 9276; e-mail: [email protected]. For submissions. 1564. logistical and administrative Revision to FR Notice Published 8/20/ information: Ms. Cheryl Jackson, U.S. FOR FURTHER INFORMATION CONTACT: A 2010: Correction to Wait Period from EPA, Transportation and Regional contact person is listed at the end of 09/09/2010 to 09/20/2010. Programs Division, Mailcode 6405J, U.S. each registration approval summary and Dated: August 24, 2010. EPA, 1200 Pennsylvania Ave. NW., may be contacted by telephone or e- Robert W. Hargrove, Washington, DC 20460; 202–343–9653; mail. The mailing address for each contact person listed is: Biopesticides Director, NEPA Compliance Division, Office e-mail: [email protected]. of Federal Activities. and Pollution Prevention Division Background on the work of the (7511P), Office of Pesticide Programs, [FR Doc. 2010–21439 Filed 8–26–10; 8:45 am] Subcommittee is available at: http:// Environmental Protection Agency, 1200 BILLING CODE 6560–50–P www.epa.gov/air/caaac/mobile_ Pennsylvania Ave., NW., Washington, sources.html. Individuals or DC 20460–0001. organizations wishing to provide ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: comments to the Subcommittee should AGENCY submit them to Mr. Guy at the address I. General Information [FRL–9193–9] above by September 27, 2010. The A. Does this Action Apply to Me? Subcommittee expects that public You may be potentially affected by Meeting of the Mobile Sources statements presented at its meetings will this action if you are an agricultural Technical Review Subcommittee not be repetitive of previously producer, food manufacturer, or submitted oral or written statements. AGENCY: Environmental Protection pesticide manufacturer. Potentially Agency (EPA). SUPPLEMENTARY INFORMATION: During the affected entities may include, but are ACTION: Notice of meeting. meeting, the Subcommittee may also not limited to: hear progress reports from some of its • Crop production (NAICS code 111). SUMMARY: Pursuant to the Federal workgroups as well as updates and • Animal production (NAICS code Advisory Committee Act, Public Law announcements on activities of general 112). • 92–463, notice is hereby given that the interest to attendees. Food manufacturing (NAICS code Mobile Sources Technical Review 311). Subcommittee (MSTRS) will meet in For Individuals With Disabilities: For • Pesticide manufacturing (NAICS October 2010. The MSTRS is a information on access or services for code 32532). subcommittee under the Clean Air Act individuals with disabilities, please This listing is not intended to be Advisory Committee. This is an open contact Mr. Guy or Ms. Jackson (see exhaustive, but rather provides a guide meeting. The meeting will include above). To request accommodation of a for readers regarding entities likely to be discussion of current topics and disability, please contact Mr. Guy or Ms. affected by this action. Other types of presentations about activities being Jackson, preferably at least 10 days prior entities not listed in this unit could also conducted by EPA’s Office of to the meeting, to give EPA as much be affected. The North American Transportation and Air Quality. The time as possible to process your request. Industrial Classification System preliminary agenda for the meeting and Dated: August 23, 2010. (NAICS) codes have been provided to any notices about change in venue will assist you and others in determining Margo Tsirigotis Oge, be posted on the Subcommittee’s Web whether this action might apply to Site: http://www.epa.gov/air/caaac/ Director, Office of Transportation and Air certain entities. If you have any mobile_sources.html. MSTRS listserver Quality. questions regarding the applicability of subscribers will receive notification [FR Doc. 2010–21391 Filed 8–26–10; 8:45 am] this action to a particular entity, consult when the agenda is available on the BILLING CODE 6560–50–P the person listed at the end of the Subcommittee web site. To subscribe to relevant registration approval summary the MSTRS listserver, send a blank e- using the instructions provided under mail to [email protected]. FOR FURTHER INFORMATION CONTACT.

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B. How Can I Get Copies of this proposed use of 2-methyl-1-butanol, and ingredient, calcium acetate. At the time Document and Other Related information on social, economic, and of submission of the application for Information? environmental benefits to be derived registration, this active ingredient was 1. Docket. EPA has established a from use. Specifically, the Agency has not contained in any pesticide products docket for each action under the docket considered the nature of the registered with the Agency. Regulatory conclusions: The identification (ID) number specified for biochemical pesticide and its pattern of application was approved on February the pesticide of interest as shown in the use, application methods and rates, and level and extent of potential exposure. 3, 2010, for Disposable Bull Run registration approval summaries. Based on these reviews, the Agency was Yellowjacket Trap E (EPA Registration Publicly available docket materials are able to make basic health and safety Number 84565–7) for use as an available either in the electronic docket determinations that show use of 2- attractant in traps intended to capture at http://www.regulations.gov, or, if only methyl-1-butanol, when used in hornets and wasps. The Agency available in hard copy, at the Office of accordance with widespread and approved the application considering Pesticide Programs (OPP) Regulatory commonly recognized practice, will not data on risks associated with the Public Docket in Rm. S–4400, One generally cause unreasonable adverse proposed use of calcium acetate, and Potomac Yard (South Bldg.), 2777 S. effects on the environment. information on social, economic, and Crystal Dr., Arlington, VA. The hours of Missing data & conditions for environmental benefits to be derived operation of this Docket Facility are submission: All data requirements have from use. Specifically, the Agency has from 8:30 a.m. to 4 p.m., Monday been satisfied, and this pesticide considered the nature of the through Friday, excluding legal product has been granted an biochemical pesticide and its pattern of holidays. The Docket Facility telephone unconditional registration. use, application methods and rates, and number is (703) 305–5805. Response to comments: EPA level and extent of potential exposure. Pursuant to section 3(c)(2) of FIFRA, published a notice of receipt in the Based on these reviews, the Agency was a copy of the approved label, the list of Federal Register of March 16, 2009 (74 able to make basic health and safety data references, the data and other FR 11098), which announced that Bull determinations that show use of calcium scientific information used to support Run Scientific VBT had submitted an acetate, when used in accordance with each registration, except for material application to register a pesticide widespread and commonly recognized specifically protected by section 10 of product containing the new active practice, will not generally cause FIFRA, are also available for public ingredient, 2-methyl-1-butanol, for use unreasonable adverse effects on the inspection. Requests for data must be as an attractant in traps intended to environment. made pursuant to the provisions of the capture hornets and wasps. Moreover, Missing data & conditions for Freedom of Information Act and must in order to increase the transparency of submission: All data requirements have be addressed to the Freedom of the Agency’s pesticide registration been satisfied, and this pesticide Information Office (A–101), 1200 decisions, the Agency began to product has been granted an Pennsylvania Ave., NW., Washington, implement a public participation unconditional registration. DC 20460–0001. Such requests should: process for certain registration actions Response to comments: EPA Identify the product name and (i.e., new active ingredients, first food published a notice of receipt in the registration number and specify the data uses, first outdoor uses, first residential Federal Register of March 16, 2009 (74 or information desired. uses, and other actions of significant FR 11098), which announced that Bull Paper copies of the fact sheets, which interest to the public) on October 1, Run Scientific, VBT had submitted an provide more detail on these 2009. As this application was for a application to register a pesticide registrations, may be obtained from the pesticide product containing a new product containing the new active National Technical Information Service active ingredient, the proposed ingredient, calcium acetate, for use as an (NTIS), 5285 Port Royal Rd., decision, risk assessment, and draft attractant in traps intended to capture Springfield, VA 22161. label associated with this pesticide hornets and wasps. Moreover, in order to increase the transparency of the II. New Active Ingredients product were added to the docket prior to registration to allow a meaningful Agency’s pesticide registration 1. 2-Methyl-1-butanol. Docket opportunity for the public to provide decisions, the Agency began to number: EPA–HQ–OPP–2009–0125. substantive comments. The start of the implement a public participation Description of new active ingredient: 30–day public participation comment process for certain registration actions EPA received an application from Bull period was announced on the Agency’s (i.e., new active ingredients, first food Run Scientific, VBT, Beaufont Springs web site http://www.epa.gov/pesticides/ uses, first outdoor uses, first residential Dr., Suite 300, Richmond, VA 23225, to regulating/registration-public- uses, and other actions of significant register a pesticide product (EPA File involvement.html on December 15, interest to the public) on October 1, Symbol 84565–T) containing the active 2009. There were no comments received 2009. As this application was for a ingredient, 2-methyl-1-butanol. At the in response to the notice of receipt or pesticide product containing a new time of submission of the application for during the 30–day public participation active ingredient, the proposed registration, this active ingredient was process occurring immediately prior to decision, risk assessment, and draft not contained in any pesticide products the final registration decision. Contact: label associated with this pesticide registered with the Agency. Chris Pfeifer, (703) 308–0031, product were added to the docket prior Regulatory conclusions: The [email protected]. to registration to allow a meaningful application was approved on February 2. Calcium acetate. Docket number: opportunity for the public to provide 3, 2010, for Disposable Bull Run EPA–HQ–OPP–2009–0125. Description substantive comments. The start of the Yellowjacket Trap E (EPA Registration of new active ingredient: EPA received 30–day public participation comment Number 84565–7) for use as an an application from Bull Run Scientific, period was announced on the Agency’s attractant in traps intended to capture VBT, Beaufont Springs Dr., Suite 300, web site http://www.epa.gov/pesticides/ hornets and wasps. The Agency Richmond, VA 23225, to register a regulating/registration-public- approved the application considering pesticide product (EPA File Symbol involvement.html on December 15, data on risks associated with the 84565–T) containing the active 2009. There were no comments received

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in response to the notice of receipt or interest to the public) on October 1, had submitted an application to register during the 30–day public participation 2009. As this application was for a a pesticide product containing the new process occurring immediately prior to pesticide product containing a new active ingredient, S-abscisic acid, for the final registration decision. Contact: active ingredient, the proposed use on crops as a plant growth regulator. Chris Pfeifer, (703) 308–0031, decision, risk assessment, and draft Moreover, in order to increase the [email protected]. label associated with this pesticide transparency of the Agency’s pesticide 3. Laminarin. Docket number: EPA– product were added to the docket prior registration decisions, the Agency began HQ–OPP–2009–0126. Description of to registration to allow a meaningful to implement a public participation new active ingredient: EPA received an opportunity for the public to provide process for certain registration actions application from Laboratoires Goemar substantive comments. The start of the (i.e., new active ingredients, first food SA, Z.AC La Madeline, Avenue General 30–day public participation comment uses, first outdoor uses, first residential Patton, 35400 Saint-Malo, France c/o period was announced on the Agency’s uses, and other actions of significant SciReg, Inc. 12733 Director’s Loop, web site http://www.epa.gov/pesticides/ interest to the public) on October 1, Woodbridge, VA 22192, to register a regulating/registration-public- 2009. As this application was for a pesticide product (EPA File Symbol involvement.html on January 5, 2010. pesticide product containing a new 83941–E) containing the active There were no comments received in active ingredient, the proposed ingredient, laminarin. At the time of response to the notice of receipt or decision, risk assessment, and draft submission of the application for during the 30–day public participation label associated with this pesticide registration, this active ingredient was process occurring immediately prior to product were added to the docket prior not contained in any pesticide products the final registration decision. Contact: to registration to allow a meaningful registered with the Agency. Chris Pfeifer, (703) 308–0031, opportunity for the public to provide Regulatory conclusions: The [email protected]. substantive comments. The start of the application was approved on February 4. S-Abscisic acid (ABA). Docket 30–day public participation comment 15, 2010, for vacciplant (EPA number: EPA–HQ–OPP–2009–0127. period was announced on the Agency’s Registration Number 83941–2) for use as Description of new active ingredient: web site http://www.epa.gov/pesticides/ a Systemic Acquired Resistance (SAR) EPA received an application from regulating/registration-public- Inducer. The Agency approved the Valent Biosciences Corporation, 870 involvement.html on January 26, 2010. application considering data on risks Technology Way, Libertyville, IL 60048, There were no comments received in associated with the proposed use of to register a pesticide product (EPA File response to the notice of receipt or laminarin, and information on social, Symbol 73049–UAE) containing the during the 30–day public participation economic, and environmental benefits active ingredient, S-abscisic acid. At the process occurring immediately prior to to be derived from use. Specifically, the time of submission of the application for the final registration decision. Contact: Agency has considered the nature of the registration, this active ingredient was Chris Pfeifer, (703) 308–0031, biochemical pesticide and its pattern of not contained in any pesticide products [email protected]. use, application methods and rates, and registered with the Agency. 5. Terpene constituents of the extract level and extent of potential exposure. Regulatory conclusions: The of Chenopodium ambrosioides near Based on these reviews, the Agency was application was approved on February ambrosioides (ECANA) as synthetically able to make basic health and safety 28, 2010, for ConTego Pro SL (EPA manufactured. Docket number: EPA– determinations that show use of Registration Number 73049–462) for use HQ–OPP–2009–0237. Description of laminarin, when used in accordance as a plant growth regulator. The Agency new active ingredient: EPA received an with widespread and commonly approved the application considering application from AgraQuest, Inc., 1540 recognized practice, will not generally data on risks associated with the Drew Ave., Davis, CA 95618–6320, to cause unreasonable adverse effects on proposed use of S-abscisic acid, and register a pesticide product (EPA File the environment. information on social, economic, and Symbol 69592–EL) containing the active Missing data & conditions for environmental benefits to be derived ingredient, Extract of Chenopodium submission: All data requirements have from use. Specifically, the Agency has ambrosioides near ambrosioides been satisfied, and this pesticide considered the nature of the (ECANA) Mimic. (During the product has been granted an biochemical pesticide and its pattern of application process, the active unconditional registration. use, application methods and rates, and ingredient name was subsequently Response to comments: EPA level and extent of potential exposure. changed to Terpene Constituents of the published a notice of receipt in the Based on these reviews, the Agency was Extract of Chenopodium ambrosioides Federal Register of March 16, 2009 (74 able to make basic health and safety near ambrosioides (ECANA) as FR 11098), which announced that determinations that show use of S- Synthetically Manufactured to more Laboratoires Goemar SA, Z.AC La abscisic acid, when used in accordance accurately describe its synthetic origin.) Madeline, Ave. General Patton, 35400 with widespread and commonly At the time of submission of the Saint-Malo, France c/o SciReg, Inc. recognized practice, will not generally application for registration, this active 12733 Director’s Loop, Woodbridge, VA cause unreasonable adverse effects on ingredient was not contained in any 22192 had submitted an application to the environment. pesticide products registered with the register a pesticide product containing Missing data & conditions for Agency. the new active ingredient, laminarin, for submission: All data requirements have Regulatory conclusions: The use on crops as a SAR Inducer. been satisfied, and this pesticide application was approved on June 30, Moreover, in order to increase the product has been granted an 2010 for QRD 452 (EPA Registration transparency of the Agency’s pesticide unconditional registration. Number 69592–25) for use as an registration decisions, the Agency began Response to comments: EPA insecticide/acaracide. The Agency to implement a public participation published a notice of receipt in the approved the application considering process for certain registration actions Federal Register of March 16, 2009 (74 data on risks associated with the (i.e., new active ingredients, first food FR 11098), which announced that proposed use of Terpene Constituents of uses, first outdoor uses, first residential Valent Biosciences Corporation, 870 ECANA as Synthetically Manufactured, uses, and other actions of significant Technology Way, Libertyville, IL 60048 and information on social, economic,

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and environmental benefits to be for QRD 452 (EPA Registration Number 7,11,13-hexadecatrienal, and derived from use. Specifically, the 69592–25). information on social, economic, and Agency has considered the nature of the Response to Comments: EPA environmental benefits to be derived biochemical pesticide and its pattern of published a notice of receipt in the from use. Specifically, the Agency has use, application methods and rates, and Federal Register of July 22, 2009 (74 FR considered the nature of the level and extent of potential exposure. 36215) (FRL–8425–9), which announced biochemical pesticide and its pattern of Based on these reviews, the Agency was that AgraQuest, Inc., 1540 Drew Ave., use, application methods and rates, and able to make basic health and safety Davis, CA 95618–6320 had submitted an level and extent of potential exposure. determinations that show use of application to register a pesticide Based on these reviews, the Agency was Terpene Constituents of ECANA as product containing the new active able to make basic health and safety Synthetically Manufactured, when used ingredient, Terpene Constituents of determinations that show use of (Z,Z,E)- in accordance with widespread and ECANA as Synthetically Manufactured, 7,11,13-hexadecatrienal, when used in commonly recognized practice, will not for use on crops as an insecticide and accordance with widespread and generally cause unreasonable adverse an acaricide. Moreover, in order to commonly recognized practice, will not effects on the environment. increase the transparency of the generally cause unreasonable adverse Missing data & conditions for Agency’s pesticide registration effects on the environment. submission: QRD 452, EPA Registration decisions, the Agency began to Missing data & conditions for Number 69592–22, was conditionally implement a public participation submission: All data requirements have registered. A conditional registration process for certain registration actions been satisfied, and these pesticide may be granted under section 3(c)(7)(C) (i.e., new active ingredients, first food products have been granted of FIFRA for a new active ingredient uses, first outdoor uses, first residential unconditional registrations. where certain data are lacking, on uses, and other actions of significant Response to comments: EPA condition that such data are received by interest to the public) on October 1, published a notice of receipt in the the end of the conditional registration 2009. As this application was for a Federal Register of January 27, 2010 (75 FR 4383) (FRL–8806–5), which period and do not meet or exceed the pesticide product containing a new announced that ISCA Technologies, Inc. risk criteria set forth in 40 CFR 154.7; active ingredient, the proposed had submitted applications to register that use of the pesticide during the decision, risk assessment, and draft pesticide products containing the new conditional registration period will not label associated with this pesticide active ingredient, (Z,Z,E)-7,11,13- cause unreasonable adverse effects; and product were added to the docket prior hexadecatrienal, for use on ornamental that use of the pesticide is in the public to registration to allow a meaningful and agricultural crops. Moreover, in interest. The Agency has considered the opportunity for the public to provide substantive comments. The start of the order to increase the transparency of the available data on the risks associated 30–day public participation comment Agency’s pesticide registration with the proposed use of Terpene period was announced on the Agency’s decisions, the Agency began to Constituents of ECANA as Synthetically web site http://www.epa.gov/pesticides/ implement a public participation Manufactured, and information on regulating/registration-public- process for certain registration actions social, economic, and environmental involvement.html on April 30, 2010. (i.e., new active ingredients, first food benefits to be derived from such use. There were no comments received in uses, first outdoor uses, first residential Specifically, the Agency has considered response to the notice of receipt or uses, and other actions of significant the nature and its pattern of use, during the 30–day public participation interest to the public) on October 1, application methods and rates, and level process occurring immediately prior to 2009. As these applications were for and extent of potential exposure. Based the final registration decision. Contact: pesticide products containing a new on these reviews, the Agency was able Chris Pfeifer, (703) 308–0031, active ingredient, the proposed to make basic health and safety [email protected]. decision, risk assessments, and draft determinations which show that use of 6. (Z,Z,E)-7,11,13-Hexadecatrienal. labels associated with these pesticide Terpene Constituents of ECANA as Docket number: EPA–HQ–OPP–2009– products were added to the docket prior Synthetically Manufactured during the 0930. Description of new active to registration to allow a meaningful period of conditional registration will ingredient: EPA received applications opportunity for the public to provide not cause any unreasonable adverse from ISCA Technologies, Inc., 1230 substantive comments. The start of the effect on the environment, and that use Riverside, CA, 92507, to register 30–day public participation comment of the pesticide is, in the public interest. pesticide products (EPA File Symbols period was announced on the Agency’s Consistent with section 3(c)(7)(C) of 80286–RU and 80286–RL) containing web site http://www.epa.gov/pesticides/ FIFRA, the Agency has determined that the active ingredient (Z,Z,E)-7,11,13- regulating/registration-public- these conditional registrations are in the hexadecatrienal. At the time of involvement.html on March 15, 2010. public interest. Use of the pesticides are submission of the applications for EPA has received 10 comments of significance to the user community, registration, this active ingredient was regarding the applications, all in and appropriate labeling, use directions, not contained in any pesticide products support of the registration of (Z,Z,E)- and other measures have been taken to registered with the Agency. 7,11,13-hexadecatrienal. Contact: Gina ensure that use of the pesticides will not Regulatory conclusions: The Casciano, (703) 605–0513, result in unreasonable adverse effects to applications were approved on April 19, [email protected]. man and the environment. 2010, for SPLAT CLM MP (EPA 7. Homobrassinolide. Docket number: All data requirements, except one Registration Number 80286–RU) for EPA–HQ–OPP–2007–1187. Description product chemistry requirement, have manufacturing or formulating use only of new active ingredient: EPA received been fully satisfied; and this pesticide and SPLAT CLM (EPA Registration an application from Repar Corporation product has been granted a conditional Number 80286–RL) for use on of P.O. Box 4321, Silver Spring, MD registration. The Agency has required ornamental and agricultural crops. The 20914, to register a pesticide product submission of an additional Preliminary Agency approved the applications (EPA File Symbol 69361–17) containing Analysis per 40 CFR 158.2030 (OPPTS considering data on risks associated the active ingredient, homobrassinolide. Guideline 830.1700) by June 21, 2011 with the proposed use of (Z,Z,E)- At the time of submission of the

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application for registration, this active pesticide products registered with the the public and the environment to issue ingredient was not contained in any Agency. the registration for Ulocladium pesticide products registered with the Regulatory conclusions: The oudemansii (U3 strain) without delay. Agency. applications were approved on October Therefore, consistent with the Agency’s Regulatory conclusions: The 19, 2009, for Ulocladium oudemansii approach for making these registration application was approved on June 14, Technical (EPA Registration Number actions more transparent, EPA issued 2010, for Homobrassinolide Technical 75747–1) for manufacturing or these two registrations for an initial (EPA Registration Number 69361–17) formulating use only and BOTRY-Zen® period of 1 year and, concurrent with for manufacturing or formulating use (EPA Registration Number 75747–2) for such issuance, provided a 30–day only. use on fruit and vegetable crops and public comment period. The start of the Missing data & conditions for ornamental plants. The Agency 30–day public participation comment submission: All data requirements have approved the applications considering period was announced on the Agency’s been satisfied, and this pesticide data on risks associated with the web site http://www.epa.gov/pesticides/ product has been granted an proposed use of Ulocladium oudemansii regulating/registration-public- unconditional registration. (U3 Strain), and information on social, involvement.html on October 20, 2009. Response to comments: EPA economic, and environmental benefits As there were no comments received in published a notice of receipt in the to be derived from use. Specifically, the response to the notice of receipt or Federal Register of January 16, 2008 (73 Agency has considered the nature of the during the 30–day public participation FR 2915) (FRL–8346–7), which microbial pesticide and its pattern of process occurring concurrently with the announced that Repar Corporation had use, application methods and rates, and final registration decision, the 1 year submitted an application to register a level and extent of potential exposure. time-limitation was removed for EPA pesticide product containing the new Based on these reviews, the Agency was Registration Number 75747–1 and EPA active ingredient, homobrassinolide, for able to make basic health and safety Registration Number 75747–2 on determinations that show use of use on all food commodities. Moreover, January 7, 2010. Contact: Denise Ulocladium oudemansii (U3 Strain), in order to increase the transparency of Greenway, (703) 308–8263, when used in accordance with the Agency’s pesticide registration [email protected]. widespread and commonly recognized 9. Coat protein gene of plum pox virus decisions, the Agency began to practice, will not generally cause also known as the CPG-PPV, or plum implement a public participation unreasonable adverse effects on the pox resistance gene (plum pox viral coat process for certain registration actions environment. protein gene). Docket number: EPA– (i.e., new active ingredients, first food Missing data & conditions for HQ–OPP–2010–0554. Description of uses, first outdoor uses, first residential submission: All data requirements have new active ingredient: EPA received an uses, and other actions of significant been satisfied, and these pesticide application from Interregional Research interest to the public) on October 1, products have been granted Project Number 4 (IR-4) of Rutgers 2009. As this application was for a unconditional registrations. University, 500 College Rd. East, Suite pesticide product containing a new Response to comments: EPA 201 W., Princeton, NJ 08540 on behalf active ingredient, the proposed published a notice of receipt in the of the United States Department of decision, risk assessment, and draft Federal Register of October 29, 2008 (73 Agriculture-Agricultural Research label associated with this pesticide FR 64325) (FRL–8386–5), which Service-Appalachian Fruit Research product were added to the docket prior announced that Botry-Zen, Ltd. had Station (USDA-ARS-AFRS), 2217 to registration to allow a meaningful submitted applications to register Wiltshire Rd., Kearneysville, WV 25430, opportunity for the public to provide pesticide products containing the new to register a pesticide product (EPA File substantive comments. The start of the active ingredient, Ulocladium Symbol 11312-I) containing the active 30–day public participation comment oudemansii (U3 Strain), for use on fruit ingredient, coat protein gene of plum period was announced on the Agency’s and vegetable crops and ornamental pox virus. At the time of submission of web site http://www.epa.gov/pesticides/ plants. Moreover, in order to increase the application for registration, this regulating/registration-public- the transparency of the Agency’s active ingredient was not contained in involvement.html on April 30, 2010. pesticide registration decisions, the any pesticide products registered with There were no substantive comments Agency began to implement a public the Agency. received in response to the notice of participation process for certain Regulatory conclusions: The receipt or during the 30–day public registration actions (i.e., new active application was approved on May 7, participation process occurring ingredients, first food uses, first outdoor 2010 for C5 HoneySweet Plum (EPA immediately prior to the final uses, first residential uses, and other Registration Number 11312–8) for registration decision. Contact: John actions of significant interest to the resistance to plum pox virus infection. Fournier, (703) 308–0169, public) on October 1, 2009. As these The Agency approved the application [email protected]. applications were for pesticide products considering data on risks associated 8. Ulocladium oudemansii (U3 containing a new active ingredient, the with the proposed use of the coat Strain). Docket number: EPA–HQ–OPP– proposed decision, risk assessments, protein gene of plum pox virus, and 2010–0553. Description of new active and draft labels associated with these information on social, economic, and ingredient: EPA received applications pesticide products were to have been environmental benefits to be derived from Botry-Zen, Ltd., 21 Willis St., P.O. added to the docket prior to registration from use. Specifically, the Agency has Box 5664, Dunedin, New Zealand, to to allow a meaningful opportunity for considered the nature of the plant- register pesticide products (EPA File the public to provide substantive incorporated protectant and its pattern Symbols 75747–R, and 75747–E) comments. However, given the Agency of use, application methods and rates, containing the active ingredient, finding that Ulocladium oudemansii and level and extent of potential Ulocladium oudemansii (U3 Strain). At (U3 strain) has very low toxicity and exposure. Based on these reviews, the the time of submission of the presents little if any risk to non-target Agency was able to make basic health applications for registration, this active organisms, EPA concluded in October of and safety determinations showing that ingredient was not contained in any 2009 that it was in the best interests of the coat protein gene of plum pox virus,

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when used in accordance with product containing the new active potential exposure. Based on these widespread and commonly recognized ingredient, the coat protein gene of reviews, the Agency was able to make practice, will not generally cause plum pox virus, which induces basic health and safety determinations unreasonable adverse effects on the resistance to plum pox virus infection in that show use of Bacillus firmus I-1582, environment. C5 HoneySweet Plums. Moreover, in when used in accordance with Missing data & conditions for order to increase the transparency of the widespread and commonly recognized submission: C5 HoneySweet Plum, EPA Agency’s pesticide registration practice, will not generally cause Registration Number 11312–8, was decisions, the Agency began to unreasonable adverse effects on the conditionally registered. A conditional implement a public participation environment. registration may be granted under process for certain registration actions Missing data & conditions for section 3(c)(7)(C) of FIFRA for a new (i.e., new active ingredients, first food submission: All data requirements have active ingredient where certain data are uses, first outdoor uses, first residential been satisfied, and this pesticide lacking, on condition that such data are uses, and other actions of significant product has been granted an received by the end of the conditional interest to the public) on October 1, unconditional registration. registration period and do not meet or 2009. As this application was for a Response to comments: EPA exceed the risk criteria set forth in 40 pesticide product containing a new published a notice of receipt in the CFR 154.7; that use of the pesticide active ingredient, the proposed Federal Register of March 7, 2007 (72 during the conditional registration decision, risk assessment, and draft FR 10210) (FRL–8117-7), which period will not cause unreasonable label associated with this pesticide announced that RegWest Company, adverse effects; and that use of the product were added to the docket prior LLC, 30856 Rocky Rd., Greeley, CO pesticide is in the public interest. The to registration to allow a meaningful 80631–9375 had submitted an Agency has considered the available opportunity for the public to provide application on behalf of AgroGreen, data on the risks associated with the substantive comments. The start of the Biological Division of Minrav proposed use of the coat protein gene of 30–day public participation comment Infrastructures (1993) Ltd. (AgroGreen), plum pox virus, and information on period was announced on the Agency’s 3 Habossem Str, P.O. Box 153, Ashdod social, economic, and environmental web site http://www.epa.gov/pesticides/ 77101, Israel to register a pesticide benefits to be derived from such use. regulating/registration-public- product containing the new active Specifically, the Agency has considered involvement.html on April 1, 2010. EPA ingredient, Bacillus firmus I-1582, for the nature and its pattern of use, received 66 comments regarding the use on all food and non-food application methods and rates, and level application and has prepared a commodities (agricultural, commercial and extent of potential exposure. Based response, which can be found in the and residential sites) as a soil and seed on these reviews, the Agency was able docket EPA–HQ–OPP–2010–0554, as treatment as a nematode suppressant. to make basic health and safety discussed in this notice for this Subsequently, the company determinations which show that use of particular active ingredient. Contact: representing the registrant was changed the coat protein gene of plum pox virus Denise Greenway, (703) 308–8263, to SciReg, Inc., 12733 Director’s Loop, during the period of conditional [email protected]. Woodbridge, VA 22192. There were no registration will not cause any 10. Bacillus firmus I-1582. Docket comments received in response to the unreasonable adverse effect on the number: EPA–HQ–OPP–2007–0161. notice of receipt. Contact: Shanaz environment, and that use of the Description of new active ingredient: Bacchus, (703) 308–8097, pesticide is, in the public interest. EPA received an application from [email protected]. Consistent with section 3(c)(7)(C) of AgroGreen, Biological Division of 11. Cold pressed neem oil docket FIFRA, the Agency has determined that Minrav Infrastructures (1993) Ltd. number: EPA–HQ–OPP–2007–0996. these conditional registrations are in the (AgroGreen), 3 Habossem Str, P.O. Box Description of new active ingredient: public interest. Use of the pesticides are 153, Ashdod 77101, Israel, to register a EPA received an application from of significance to the user community, pesticide product (EPA File Symbol Plasma Power Limited of India, c/o and appropriate labeling, use directions, 82608–R) containing the active OMC Ag Consulting, 828 Tanglewood and other measures have been taken to ingredient, Bacillus firmus I-1582. At Lane, East Lancing, MI 48823, to register ensure that use of the pesticides will not the time of submission of the pesticide products: (EPA File Symbols result in unreasonable adverse effects to application for registration, this active 84185–G, 84185–U and 84185–G) man and the environment. ingredient was not contained in any containing the active ingredient, Cold All data requirements, except one pesticide products registered with the Pressed Neem Oil. At the time of product analysis requirement, have been Agency. submission of the application for fully satisfied; and this pesticide Regulatory conclusions: The registration, this active ingredient was product has been granted a 1 year application was approved on April 28, not contained in any pesticide products conditional registration, to expire at 2008 for Chancellor (EPA Registration registered with the Agency. midnight of May 7, 2011. The Agency Number 82608–1) for use on all food Regulatory conclusions: The has required submission of an Analysis and non-food commodities (agricultural, application was approved on October of Samples validation per 40 CFR commercial and residential sites) as a 15, 2009, for the registration of two 158.2120 (OPPTS Guideline 885.1400) soil and seed treatment as a nematode products: Plasma Neem Oil by November 7, 2008 for C5 suppressant. The Agency approved the Manufacturing Use Product EPA HoneySweet Plum (EPA Registration application considering data on risks Registration Number 84185–3 for Number 11312–8). associated with the proposed use of manufacturing or formulating use only Response to comments: EPA Bacillus firmus I-1582, and information and one end–use product was published a notice of receipt in the on social, economic, and environmental registered: Plasma Neem Oil Biological Federal Register of October 29, 2008 (73 benefits to be derived from use. insecticide, EPA Registration Number FR 64325) (FRL–8386–5), which Specifically, the Agency has considered 84185–4 for use on several food and announced that IR-4 (on behalf of the nature of the microbial pesticide and non–food crop. The Agency approved USDA-ARS-AFRS) had submitted an its pattern of use, application methods the application considering data on application to register a pesticide and rates, and level and extent of risks associated with the proposed use

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of Cold Pressed Neem Oil, and As there were no comments received in (i.e., new active ingredients, first food information on social, economic, and response to the notice of receipt or uses, first outdoor uses, first residential environmental benefits to be derived during the 30–day public participation uses, and other actions of significant from use. Specifically, the Agency has process occuring concurrently with the interest to the public) on October 1, considered the nature of the final registration decision, the 1–year 2009. As this application was for a biochemical pesticide and its pattern of time-limitation was removed from EPA pesticide product containing a new use, application methods and rates, and Registration No. 84185–3 and EPA active ingredient, the proposed level and extent of potential exposure. Registration No. 84185–4 on February decision, risk assessment, and draft Based on these reviews, the Agency was 02, 2010. Contact: Driss Benmhend, label associated with this pesticide able to make basic health and safety (703) 308–9525, product were added to the docket prior determinations that show use of Cold [email protected]. to registration to allow a meaningful Pressed Neem Oil, when used in 12. (E,Z)–7,9–Dodecadien–1–yl opportunity for the public to provide accordance with widespread and acetate. Docket number: EPA–HQ–OPP– substantive comments. The start of the commonly recognized practice, will not 2010–0020. Description of new active 30–day public participation comment generally cause unreasonable adverse ingredient: EPA received an application period was announced on the Agency’s effects on the environment. from Pacific Biocontrol Corporation, 575 web site http://www.epa.gov/pesticides/ Missing data & conditions for Viewridge Dr., Angwin, CA 94508, to regulating/registration-public- submission: None of the pesticide register a pesticide product (EPA File involvement.html on February 1, 2010. product(s) have missing data: All data Symbol 53575-GA (containing the active EPA received a total of 13 comments on requirements have been satisfied, and ingredient, (E,Z)-7,9-dodecadien-1-yl the notice of receipt. Twelve comments these pesticide products have been acetate. At the time of submission of the supported immediate registration of granted unconditional registrations. application for registration, this active Isomate®EGVM. One comment opposed Response to comments: EPA ingredient was not contained in any the registration of Isomate®EGVM, but published a notice of receipt in the pesticide products registered with the did not provide any substantive basis Federal Register of October 24, 2007 (72 Agency. supporting that position regarding the FR 60365) (FRL–8152–7), which Regulatory conclusions: The application. EPA has prepared a announced that Plasma Power Limited application was approved on March 05, response, which can be found in the of India had submitted an application to 2010, for only one end-use product was docket as discussed above for this register pesticide products containing registered: Isomate®-EGVM (EPA particular active ingredient. Contact: the new active ingredient, Cold Pressed Registration Number 53575–36) for use Driss Benmhend, (703) 308–9525, Neem Oil, for use on food and non–food on grapes. The Agency approved the [email protected]. crops. Moreover, in order to increase the application considering data on risks 13. Lavandulyl senecioate. Docket transparency of the Agency’s pesticide associated with the proposed use of number: EPA–HQ–OPP–2009–0044. registration decisions, the Agency began (E,Z)-7,9-dodecadien-1-yl acetate, and Description of new active ingredient: to implement a public participation information on social, economic, and EPA received an application from process for certain registration actions environmental benefits to be derived Suterra, LLC, 213 SW Columbia Street, (i.e., new active ingredients, first food from use. Specifically, the Agency has Bend, OR, 97702–1013, to register uses, first outdoor uses, first residential considered the nature of the pesticide products: (EPA File Symbols uses, and other actions of significant biochemical and its pattern of use, 56336–LA, 56336–LL) containing the interest to the public) on October 1, application methods and rates, and level active ingredient, lavandulyl senecioate. 2009. As this application was for and extent of potential exposure. Based At the time of submission of the pesticide products containing a new on these reviews, the Agency was able application for registration, this active active ingredient, the proposed to make basic health and safety ingredient was not contained in any decision, risk assessment, and draft determinations that show use of (E,Z)- pesticide products registered with the labels associated with these pesticide 7,9-dodecadien-1-yl acetate, when used Agency. products were added to the docket prior in accordance with widespread and Regulatory conclusions: The to registration to allow a meaningful commonly recognized practice, will not application was approved on March 1, opportunity for the public to provide generally cause unreasonable adverse 2010, for the registration of two substantive comments. However, given effects on the environment. products: CheckMate®VMB Technical the Agency finding that Cold Pressed Missing data & conditions for Pheromone (EPA Registration Number Neem Oil has very low toxicity and submission: All data requirements have 56336–55) for manufacturing or presents little if any risk to non-target been satisfied, and this pesticide formulating use only and one end–use organisms, EPA concluded in October of product has been granted an product was registered: 2009 that it was in the best interests of unconditional registration. CheckMate®VMB Dispenser, (EPA the public and the environment to issue Response to comments: EPA Registration Number 56336–57) for use the registration for Cold Pressed Neem published a notice of receipt in the on raisins, table and wine grapes. The Oil without delay. Therefore, consistent Federal Register of February 1, 2010 (75 Agency approved the application with the Agency’s approach for making FR 5077) (FRL–8808–3), which considering data on risks associated these registration actions more announced that Pacific Biocontrol with the proposed use of lavandulyl transparent, EPA issued these two Corporation had submitted an senecioate, and information on social, registrations for an initial period of 1– application to register a pesticide economic, and environmental benefits year and, concurrent with such product containing the new active to be derived from use. Specifically, the issuance, provided a 30–day public ingredient, (E,Z)-7,9-Dodecadien-1-yl Agency has considered the nature of the comment period. The start of the 30–day acetate, for use on grapes. Moreover, in biochemical pesticide and its pattern of public participation comment period order to increase the transparency of the use, application methods and rates, and was announced on the Agency’s web Agency’s pesticide registration level and extent of potential exposure. site http://www.epa.gov/pesticides/ decisions, the Agency began to Based on these reviews, the Agency was regulating/registration-public- implement a public participation able to make basic health and safety involvement.html on October 15, 2009. process for certain registration actions determinations that show use of

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lavandulyl senecioate, when used in Regulatory conclusions: The web site http://www.epa.gov/pesticides/ accordance with widespread and application was approved on July 14, regulating/registration-public- commonly recognized practice, will not 2010 for Trichoderma hamatum isolate involvement.html on June 1, 2010. generally cause unreasonable adverse 382 (EPA Registration Number 74205–3) There were no comments received in effects on the environment. for use on soilless potting media and response to the notice of receipt or Missing data & conditions for compost in nurseries and greenhouses, during the 30–day public participation submission: None of the pesticide for potting seeds and seedlings of process occurring immediately prior to product(s) have missing data: All data ornamentals and vegetables. The the final registration decision. There requirements have been satisfied, and Agency approved the application were no comments received in response these pesticide products have been considering data on risks associated to the notice of receipt. Contact: Ann granted unconditional registrations. with the proposed use of Trichoderma Sibold, (703) 305–6502, Response to comments: EPA hamatum isolate 382, and information [email protected]. published a notice of receipt in the on social, economic, and environmental 15. Trichoderma gamsii (strain ICC Federal Register of February 18, 2009 benefits to be derived from use. 080). Docket number: EPA–HQ–OPP– (74 FR 7600) (FRL–8400–3), which Specifically, the Agency has considered 2009–1003. Description of new active announced that Suterra, LLC had the nature of the microbial pesticide and ingredient: EPA received applications submitted an application to register its pattern of use, application methods from Isagro S.p.A., Centro Uffici San- pesticide products containing the new and rates, and level and extent of Edifico D-ala 3, Via Caldera, 21-20153 active ingredient, lavandulyl senecioate, potential exposure. Based on these Milan, Italy, to register pesticide for use on raisins, table and wine reviews, the Agency was able to make products: (EPA File Symbols 80289–O grapes. basic health and safety determinations and 80289–RN) containing the active Moreover, in order to increase the that show use of Trichoderma hamatum ingredient, Trichoderma gamsii (strain transparency of the Agency’s pesticide isolate 382, when used in accordance ICC 080). At the time of submission of registration decisions, the Agency began with widespread and commonly the applications for registration, this to implement a public participation recognized practice, will not generally active ingredient was not contained in process for certain registration actions cause unreasonable adverse effects on any pesticide products registered with (i.e., new active ingredients, first food the environment. the Agency. uses, first outdoor uses, first residential Missing data & conditions for Regulatory conclusions: The uses, and other actions of significant submission: All data requirements have applications were approved on February interest to the public) on October 1, been satisfied, and this pesticide 5, 2010, for: Trichoderma gamsii strain 2009. As this application was for product has been granted an ICC 080 Technical (EPA Registration pesticide products containing a new unconditional registration. Number 80289–10) for manufacturing or active ingredient, the proposed Response to comments: EPA formulating use only and BiotenTM WP decision, risk assessment, and draft published a notice of receipt in the (EPA Registration Number 80289–9) for labels associated with these pesticide Federal Register of July 22, 2009 (74 FR use on several food and non-food crops, products were added to the docket prior 36215) (FRL–8425–9), which announced including ornamentals, fruiting to registration to allow a meaningful that IR-4 of Rutgers University, 500 vegetables, leafy vegetables, cole crops, opportunity for the public to provide College Rd., East, Suite 201W, legumes, aromatic herbs, cucurbits, substantive comments. The start of the Princeton, NJ 08540, acting as the berries and small fruits, and turf. The 30–day public participation comment authorized agent for Sellew and Agency approved the applications period was announced on the Agency’s Associates, LLC, 84 Shadybrook Ln., considering data on risks associated web site http://www.epa.gov/pesticides/ Carlisle, MA 01741 had submitted an with the proposed use of Trichoderma regulating/registration–public– application to register a pesticide gamsii (strain ICC 080), and information involvement.html on January 29, 2010. product containing the new active on social, economic, and environmental There were no comments received in ingredient, Trichoderma hamatum benefits to be derived from use. response to the notice of receipt or isolate 382, for use on soilless potting Specifically, the Agency has considered during the 30–day public participation media and compost in nurseries and the nature of the microbial pesticide and process occurring immediately prior to greenhouses, for potting seeds and its pattern of use, application methods the final registration decision. Contact: seedlings of ornamentals and food and rates, and level and extent of Driss Benmhend, (703) 308–9525, crops. Moreover, in order to increase the potential exposure. Based on these [email protected]. transparency of the Agency’s pesticide reviews, the Agency was able to make 14. Trichoderma hamatum isolate registration decisions, the Agency began basic health and safety determinations 382. Docket number: EPA–HQ–OPP– to implement a public participation that show use of Trichoderma gamsii 2010–0489. Description of new active process for certain registration actions (strain ICC 080), when used in ingredient: EPA received an application (i.e., new active ingredients, first food accordance with widespread and from IR-4 of Rutgers University, 500 uses, first outdoor uses, first residential commonly recognized practice, will not College Rd., East, Suite 201W, uses, and other actions of significant generally cause unreasonable adverse Princeton, NJ 08540 acting as the interest to the public) on October 1, effects on the environment. authorized agent for Sellew and 2009. As this application was for a Missing data & conditions for Associates, LLC, 84 Shadybrook Ln., pesticide product containing a new submission: All data requirements have Carlisle, MA 01741, to register a active ingredient, the proposed been satisfied, and these pesticide pesticide product (EPA File Symbol decision, risk assessment, and draft products have been granted 74205–G) containing the active label associated with this pesticide unconditional registrations. ingredient, trichoderma hamatum product were added to the docket prior Response to comments: EPA isolate 382. At the time of submission of to registration to allow a meaningful published a notice of receipt in the the application for registration, this opportunity for the public to provide Federal Register of October 29, 2008 (73 active ingredient was not contained in substantive comments. The start of the FR 64325) (FRL–8386–5), which any pesticide products registered with 30–day public participation comment announced that Isagro S.p.A had the Agency. period was announced on the Agency’s submitted applications to register

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pesticide products containing the new environmental benefits to be derived August 18, 2010. active ingredient, Trichoderma gamsii from use. Specifically, the Agency has W. Michael McDavit, (strain ICC. 080), for use on: Fruit and considered the nature of the microbial Acting Director, Biopesticides and Pollution vegetable crops, ornamentals, and turf. pesticide and its pattern of use, Prevention Division, Office of Pesticide Moreover, in order to increase the application methods and rates, and level Programs. transparency of the Agency’s pesticide and extent of potential exposure. Based [FR Doc. 2010–21290 Filed 8–26–10; 8:45 am] registration decisions, the Agency began on these reviews, the Agency was able BILLING CODE 6560–50–S to implement a public participation to make basic health and safety process for certain registration actions determinations that show use of (i.e., new active ingredients, first food Trichoderma asperellum (strain ICC ENVIRONMENTAL PROTECTION uses, first outdoor uses, first residential 012), when used in accordance with AGENCY uses, and other actions of significant widespread and commonly recognized [FRL–9194–4] interest to the public) on October 1, practice, will not generally cause 2009. As these applications were for unreasonable adverse effects on the Proposed Administrative Settlement pesticide products containing a new environment. Agreement Under Section 122 of the active ingredient, the proposed Comprehensive Environmental Missing data & conditions for decision, risk assessment, and draft Response, Compensation, and Liability submission: All data requirements have labels associated with these pesticide Act for the Crown Vantage Landfill been satisfied, and these pesticide products were added to the docket prior Superfund Site Located in Alexandria products have been granted to registration to allow a meaningful Township, Hunterdon County, NJ opportunity for the public to provide unconditional registrations. substantive comments. The start of the Response to comments: EPA AGENCY: Environmental Protection 30–day public participation comment published a notice of receipt in the Agency. period was announced on the Agency’s Federal Register of October 29, 2008 (73 ACTION: Notice of proposed web site http://www.epa.gov/pesticides/ FR 64325) (FRL–8386–5), which administrative settlement and regulating/registration-public- announced that Isagro S.p.A had opportunity for public comment. involvement.html on December 30, submitted applications to register SUMMARY: The United States 2009. There were no comments for pesticide products containing the new Environmental Protection Agency Trichoderma gamsii (strain ICC. 080) active ingredient, Trichoderma (‘‘EPA’’) is proposing to enter into an received in response to the notice of asperellum (strain ICC 012), for use on: administrative settlement agreement receipt or during the 30–day public Fruit and vegetable crops, herbs, (‘‘Settlement Agreement’’) with Georgia- participation process occurring ornamentals, and turf. Moreover, in Pacific Consumer Products, LP and immediately prior to the final order to increase the transparency of the International Paper Company registration decision. Contact: Susanne Agency’s pesticide registration (collectively ‘‘Settling Parties’’) pursuant Cerrelli, (703) 308–8077, decisions, the Agency began to to Section 122 of the Comprehensive [email protected]. implement a public participation Environmental Response, 16. Trichoderma asperellum (strain process for certain registration actions ICC 012). Docket number: EPA–HQ– Compensation, and Liability Act (i.e., new active ingredients, first food ‘‘ ’’ OPP–2009–1004. Description of new ( CERCLA ), 42 U.S.C. 9622. The uses, first outdoor uses, first residential Settlement Agreement provides for active ingredient: EPA received uses, and other actions of significant applications from Isagro S.p.A., Centro Settling Parties’ payment of certain interest to the public) on October 1, response costs incurred by EPA at the Uffici San-Edifico D-ala 3, Via Caldera, 2009. As these applications were for 21-20153 Milan, Italy, to register Crown Vantage Landfill Superfund Site pesticide products containing a new located in Alexandria Township, pesticide products: (EPA File Symbols active ingredient, the proposed 80289–O and 80289–RR) containing the Hunterdon County, New Jersey. decision, risk assessment, and draft In accordance with Section 122(i) of active ingredient, Trichoderma labels associated with these pesticide CERCLA, 42 U.S.C. 9622(i), this notice asperellum (strain ICC 012). At the time products were added to the docket prior is being published to inform the public of submission of the applications for to registration to allow a meaningful of the proposed Settlement Agreement registration, this active ingredient was opportunity for the public to provide and of the opportunity to comment. For not contained in any pesticide products substantive comments. The start of the thirty (30) days following the date of registered with the Agency. 30–day public participation comment Regulatory conclusions: The publication of this notice, EPA will applications were approved on February period was announced on the Agency’s receive written comments relating to the 5, 2010, for: Trichoderma asperellum web site http://www.epa.gov/pesticides/ proposed Settlement Agreement. EPA strain ICC 012 Technical (EPA regulating/registration-public- will consider all comments received and Registration Number 80289–11) for involvement.html on December 30, may modify or withdraw its consent to manufacturing or formulating use only 2009: There were no comments for the settlement if comments received and BiotenTM WP (EPA Registration Trichoderma asperellum (strain ICC disclose facts or considerations that Number 80289–9) for use on several 012) received in response to the notice indicate that the proposed settlement is food and non-food crops, including of receipt or during the 30–day public inappropriate, improper or inadequate. ornamentals, fruiting vegetables, leafy participation process occurring EPA’s response to any comments vegetables, cole crops, legumes, immediately prior to the final received will be available for public aromatic herbs, cucurbits, berries and registration decision. Contact: Susanne inspection at EPA Region 2, 290 small fruits, and turf. The Agency Cerrelli, (703) 308–8077, Broadway, 17th floor, New York, New approved the applications considering [email protected]. York 10007–1866. data on risks associated with the List of Subjects DATES: Comments must be provided by proposed use of Trichoderma September 27, 2010. asperellum (strain ICC 012), and Environmental protection, Chemicals, ADDRESSES: Comments should reference information on social, economic, and Pests and pesticides. the Crown Vantage Landfill Superfund

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Site, EPA Index No. 02–2010–2021 and information collection burden for small Section 73.623 (c) requires applicants should be sent to the U.S. business concerns with fewer than 25 to submit a technical showing to Environmental Protection Agency, employees. establish that their proposed facilities Office of Regional Counsel, New Jersey The FCC may not conduct or sponsor will not result in additional interference Superfund Branch, 290 Broadway—17th a collection of information unless it to TV broadcast and Digital TV (DTV) Floor, New York, NY 10007. displays a currently valid control operations. The Commission permits SUPPLEMENTARY INFORMATION: A copy of number. No person shall be subject to broadcasters to agree to proposed DTV the proposed administrative settlement, any penalty for failing to comply with facilities that do not conform to the as well as background information a collection of information subject to the initial allotment parameters, even relating to the settlement, may be Paperwork Reduction Act (PRA) that though they might be affected by obtained from Elizabeth La Blanc, does not display a currently valid OMB potential new interference. The Assistant Regional Counsel, New Jersey control number. Commission will consider granting Superfund Branch, Office of Regional DATES: Written Paperwork Reduction applications on the basis of interference Counsel, U.S. Environmental Protection Act (PRA) comments should be agreements if it finds that such grants Agency, 17th Floor, 290 Broadway, New submitted on or before October 26, will serve the public interest. These York, New York 10007–1866. 2010. If you anticipate that you will be agreements must be signed by all parties Telephone: 212–637–3106. submitting PRA comments, but find it to the agreement. In addition, the FOR FURTHER INFORMATION CONTACT: difficult to do so within the period of Commission needs the following Elizabeth La Blanc, Assistant Regional time allowed by this notice, you should information to enable such public Counsel, New Jersey Superfund Branch, advise the FCC contact listed below as interest determinations: a list of parties Office of Regional Counsel, U.S. soon as possible. predicted to receive additional Environmental Protection Agency, 17th ADDRESSES: Direct all PRA comments to interference from the proposed facility; Floor, 290 Broadway, New York, New Nicholas A. Fraser, Office of a showing as to why a grant based on York 10007–1866. Telephone: 212–637– Management and Budget, via fax at 202– the agreements would serve the public 3106. 395–5167 or via the Internet at Nicholas interest; and technical studies depicting [email protected] and to the the additional interference. The Dated: August 2, 2010. Federal Communications Commission technical showings and interference Walter Mugdan, via email to [email protected]. agreements will be used by FCC staff to Director, Emergency and Remedial Response determine if the public interest would Division. FOR FURTHER INFORMATION CONTACT: Benish Shah, Office of Managing be served by the grant of the application [FR Doc. 2010–21381 Filed 8–26–10; 8:45 am] Director, (202) 418–7866. For additional and to ensure that the proposed BILLING CODE 6560–50–P information, contact Benish Shah, OMD, facilities will not result in additional 418–7866 or email [email protected] interference. SUPPLEMENTARY INFORMATION: The technical showings and FEDERAL COMMUNICATIONS OMB Control Number: 3060–0788. interference agreements will be used by COMMISSION Title: DTV Showings/Interference FCC staff to determine if the public interest will be served by the grant of Notice of Public Information Agreements. Form No.: N/A the application and to ensure that the Collection(s) Being Reviewed by the Type of Review: Extension of a proposed DTV broadcast facilities will Federal Communications Commission currently approved collection. not result in additional interference to for Extension Under Delegated Respondents: Business or other for– existing TV and DTV broadcast Authority, Comments Requested profit; Not–for–profit institutions. facilities’ operations and earlier filed August 19, 2010. Number of Respondents and applications for new or modified DTV SUMMARY: The Federal Communications Responses: 300 Respondents; 300 facilities. Commission, as part of its continuing Responses. Estimated Time Per Response: 5 Federal Communications Commission. effort to reduce paperwork burden Bulah P. Wheeler, invites the general public and other hours. Frequency of Response: On occasion Deputy Manager, Federal agencies to take this reporting requirement, Third party Office of the Secretary, opportunity to comment on the disclosure requirement. Office of Managing Director. following information collection(s), as Obligation to Respond: Required to required by the Paperwork Reduction [FR Doc. 2010–21304 Filed 8–26–10; 8:45 am] obtain or retain benefits. Statutory BILLING CODE 6712–01–S Act (PRA) of 1995, 44 U.S.C. 3501 – authority for this information collection 3520. Comments are requested is contained in 47 U.S.C. sections 154(i), concerning: (a) whether the proposed 303 and 308. FEDERAL COMMUNICATIONS collection of information is necessary Total Annual Burden: 1,500 hours. COMMISSION for the proper performance of the Total Annual Cost: $2,400,000. functions of the Commission, including Privacy Act Impact Assessment: N/A. Notice of Public Information whether the information shall have Nature and Extent of Confidentiality: Collection(s) Being Submitted for practical utility; (b) the accuracy of the There is no need for confidentiality. Review and Approval to the Office of Commission’s burden estimate; (c) ways Needs and Uses: The Commission Management and Budget (OMB), to enhance the quality, utility, and will submit this expiring information Comments Requested clarity of the information collected; (d) collection after this comment period to ways to minimize the burden of the the Office of Management and Budget August 20, 2010. collection of information on the (OMB) to obtain the three year clearance SUMMARY: The Federal Communications respondents, including the use of from them. There is no change to the Commission, as part of its continuing automated collection techniques or Commission’s reporting requirement. effort to reduce paperwork burden other forms of information technology, There is no change to the Commission’s invites the general public and other and (e) ways to further reduce the burden estimates. Federal agencies to take this

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opportunity to comment on the Number to view detailed information FEDERAL HOUSING FINANCE following information collection(s), as about this ICR. AGENCY required by the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: For [No. 2010–N–12] Act (PRA) of 1995, 44 U.S.C. 3501 – additional information or copies of the 3520. Comments are requested information collection(s), contact Cathy Proposed Collection; Comment concerning: (a) whether the proposed Williams on (202) 418–2918. Request collection of information is necessary SUPPLEMENTARY INFORMATION: for the proper performance of the OMB Control Number: 3060–0844. AGENCY: Federal Housing Finance functions of the Commission, including Title: Carriage of the Transmission of Agency. whether the information shall have Digital Television Broadcast Stations, ACTION: 30-Day notice of submission of practical utility; (b) the accuracy of the R&O, and FNPRM. information collection for approval from Commission’s burden estimate; (c) ways Form Number: N/A. the Office of Management and Budget. to enhance the quality, utility, and Type of Review: Extension of a SUMMARY: In accordance with the clarity of the information collected; (d) currently approved collection. requirements of the Paperwork ways to minimize the burden of the Respondents: Businesses or other for– Reduction Act of 1995, the Federal collection of information on the profit entities. Housing Finance Agency (FHFA) is respondents, including the use of Number of Respondents and seeking public comments concerning a automated collection techniques or Responses: 20,322 respondents and currently approved information other forms of information technology; 78,422 responses. collection ‘‘Monthly Survey of Rates and and (e) ways to further reduce the Estimated Time per Response: 30 Terms on Conventional 1-Family Non- information collection burden for small minutes to 40 hrs. Farm Mortgage Loans,’’ known as the business concerns with fewer than 25 Frequency of Response: On occasion Monthly Interest Rate Survey or MIRS. employees. reporting requirement; Third party disclosure requirement. The Office of Management and Budget The FCC may not conduct or sponsor Obligation to Respond: Required to (OMB) assigned MIRS control number a collection of information unless it obtain or retain benefits. The statutory 2590–0004, which is due to expire on displays a currently valid control authority for this information collection September 30, 2010. FHFA will submit number. No person shall be subject to is contained in Sections 1, 4(i) and (j), the information collection to OMB for any penalty for failing to comply with 325, 336, 614 and 615 of the review and approval for a three-year a collection of information subject to the Communications Act of 1934, as extension of the control number. Paperwork Reduction Act (PRA) that amended. DATES: Interested persons may submit does not display a currently valid OMB Total Annual Burden: 75,202 hours. comments on or before September 27, control number. Total Annual Cost: $2,759,872. 2010. Nature and Extent of Confidentiality: DATES: Written Paperwork Reduction COMMENTS: Submit comments to the No need for confidentiality required Act (PRA) comments should be Office of Information and Regulatory with this collection of information. submitted on or before [September 27, Affairs of the Office of Management and Privacy Impact Assessment: No 2010]. If you anticipate that you will be Budget, Attention: Desk Officer for the impact(s). submitting PRA comments, but find it Federal Housing Finance Agency, Needs and Uses: The FCC adopted a Washington, DC 20503, Fax: 202–395– difficult to do so within the period of Report and Order (R&O) on January 23, time allowed by this notice, you should 6974, E-mail: OIRA_Submission@omb. 2001 and Further Notice of Proposed eop.gov. Please also submit the advise the FCC contact listed below as Rulemaking (FNPRM). The R&O soon as possible. comments to FHFA using any one of the modified 47 CFR 76.64(f) to provide that following methods: ADDRESSES: Direct all PRA comments to stations that return their analog • E-mail: [email protected]. Nicholas A. Fraser, Office of spectrum and broadcast only in digital Please include ‘‘Proposed Collection; Management and Budget, via fax at 202– format, as well as new digital–only Comment Request: Monthly Interest _ _ 395–5167 or via email to Nicholas A. stations, are entitled to elect must–carry Rate Survey (No. 2010–N–12)’’ in the [email protected] and to the Federal or retransmission consent status subject line of the message. Communications Commission via email following the procedures previously • Federal eRulemaking Portal: http:// to [email protected] and Cathy.Williams@ applicable to new television stations. www.regulations.gov. Follow the fcc.gov. To view a copy of this Furthermore, the R&O established a instructions for submitting comments. If information collection request (ICR) framework for voluntary retransmission you submit your comment to the submitted to OMB: (1) Go to the web consent agreements between DTV Federal eRulemaking Portal, please also page http://reginfo.gov/public/do/ station licensees and multi–channel send it by e-mail to FHFA at PRAMain, (2) look for the section of the video programming distributors and [email protected] to ensure web page called ‘‘Currently Under modified several sections of the rules timely receipt by the agency. Please Review’’, (3) click on the downward– accordingly. The FNPRM sought include ‘‘Proposed Collection; Comment pointing arrow in the ‘‘Select Agency’’ additional comments on carriage Request: Monthly Interest Rate Survey box below the ‘‘Currently Under requirements relating to digital (No. 2010–N–12)’’ in the subject line of Review’’ heading, (4) select ‘‘Federal television stations generally, as the message. Communications Commission’’ from the proposed in the initial NPRM. • Mail/Hand Delivery: Federal ‘‘ list of agencies presented in the Select Federal Communications Commission. Housing Finance Agency, Fourth Floor, Agency’’ box, (5) click the ‘‘Submit’’ Bulah P. Wheeler, 1700 G Street, NW., Washington, DC button to the right of the ‘‘Select 20552, ATTENTION: Public Comments Deputy Manager, Agency’’ box, and (6) when the list of Proposed Collection; Comment Request: FCC ICRs currently under review Office of the Secretary, ‘‘Monthly Interest Rate Survey,’’ (No. appears, look for the title of this ICR (or Office of Managing Director. 2010–N–12). its OMB Control Number, if there is one) [FR Doc. 2010–21306 Filed 8–26–10; 8:45 am] FHFA will post all public comments and then click on the ICR Reference BILLING CODE 6712–01–S it receives without change, including

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any personal information you provide, they close during the last five business • Statutes in several states and U.S. such as your name and address, on days of the month. The MIRS excludes territories, including California, FHFA’s Web site at http://www.fhfa.gov. FHA-insured and VA-guaranteed loans, Michigan, Minnesota, New Jersey, In addition, copies of all comments multifamily loans, mobile home loans, Wisconsin, and the Virgin Islands, refer received will be available for and loans created by refinancing to, or rely upon, the MIRS. See, e.g., Cal. examination by the public on business another mortgage. Civ. Code §§ 1916.7 and 1916.8 days between the hours of 10 a.m. and Information concerning the MIRS is (mortgage rates); Mich. Comp. Laws 3 p.m., at the Federal Housing Finance published regularly on FHFA’s Web § 445.1621(d) (mortgage index rates); Agency, Fourth Floor, 1700 G Street, site, http://www.fhfa.gov, in FHFA press Minn. Stat. § 92.06 (payments for state NW., Washington, DC 20552. To make releases, in the popular and trade press, land sales); N.J. Rev. Stat. 31:1–1 an appointment to inspect comments, including a monthly 1-page ARM index (interest rates); Wis. Stat. § 138.056 please call the Office of General Counsel release, a monthly 8- or 12-page release (variable loan rates); V.I. Code Ann. tit. at 202–414–6924. with mortgage rate and term data, an 11, § 951 (legal rate of interest). FOR FURTHER INFORMATION CONTACT: annual summary all available via The respondents include a sample of David L. Roderer, Senior Financial FHFA’s Web site, and in publications of major mortgage lenders, such as savings Analyst, 202–408–2540 (not a toll-free other Federal agencies, including The institutions, commercial banks, and number), [email protected]. The Economic Report of the President and mortgage loan companies. Most of the telephone number for the Statistical Abstract of the United States. respondents submit the requested Telecommunications Device for the Deaf FHFA publishes on its Web site the information electronically using the is 800–877–8339. phone number for an automated MIRS software in a format similar to SUPPLEMENTARY INFORMATION: telephone answering system that FHFA Form #075 (supersedes FHFB provides callers a recorded message Form 10–91). Some respondents elect to A. Need For and Use of the Information about the ARM index and other MIRS Collection complete FHFA Form #075 and submit information. it by facsimile. Respondents are Economic policy makers use the MIRS The Housing and Economic Recovery requested to submit the information on data to determine trends in the mortgage Act of 2008 (HERA), Public Law 110– a monthly basis. 289, 122 Stat. 2654, amended the markets, including interest rates, down payments, terms to maturity, terms on The OMB number for the information Federal Housing Enterprises Financial collection is 2590–0004. The OMB Safety and Soundness Act of 1992 ARMs, and initial fees and charges on mortgage loans. Other federal banking clearance for the information collection (Safety and Soundness Act) (12 U.S.C. expires on September 30, 2010. 4501 et seq.) and the Federal Home agencies, such as the Board of Loan Bank Act (12 U.S.C. 1421 et seq.) Governors of the Federal Reserve B. Burden Estimate System and the Council of Economic to establish FHFA as an independent FHFA estimates the total annual agency of the Federal government.1 One Advisors, use the MIRS results for research purposes. number of respondents at 76 with 8 of FHFA’s predecessor agencies, the responses per respondent. The estimate former Federal Housing Finance Board FHFA considers MIRS, among other indexes or measures FHFA determines for the average hours per response is 20 (Finance Board), provided data minutes. The estimate for the total concerning a survey of mortgage interest are appropriate, in establishing and maintaining a method to assess the annual hour burden is 200 hours (76 rates until HERA transferred those respondents × 8 responses × 0.33 hours). responsibilities to FHFA. This survey, national average one-family house price known as the Monthly Interest Rate for use for adjusting the conforming C. Comment Request Survey or MIRS, is described in 12 CFR loan limitations of Freddie Mac and Fannie Mae. 12 U.S.C. 4542. Other In accordance with the requirements 906.5. of 5 CFR 1320.8(d), FHFA published a The information collection is used by statutory references of the MIRS include request for public comments regarding FHFA to produce the MIRS and for the following: • In 1989, Congress required the this information collection in the general statistical purposes and program Chairperson of the Finance Board to Federal Register on January 10, 2001. evaluation. The MIRS provides monthly take necessary actions to ensure that See 75 FR 26756 (May 12, 2010). The information on interest rates, loan indices used to calculate the interest 60-day comment period closed on July terms, and house prices by property rate on adjustable-rate mortgages 12, 2010. FHFA received comments type (all, new, previously occupied), by (ARMs) remain available. See FIRREA, from three organizations, which are loan type (fixed- or adjustable-rate), and tit. IV, section 402, paragraphs (e)(3)– posted on its Web site at http:// by lender type (savings associations, (4), 103 Stat. 183, codified at 12 U.S.C. www.fhfa.gov/Default.aspx? mortgage companies, commercial banks, 1437 note. At least one ARM index, Page=89&ListNumber=5&List and savings banks), as well as known as the National Average Contract ID=14707&ListYear=2010&Sort information on 15-year and 30-year Mortgage Rate for the Purchase of By=#14707. All three commenters fixed-rate loans. In addition, the MIRS Previously Occupied Homes by support continuation of the MIRS. One provides quarterly information on Combined Lenders, is derived from the of the three commenters suggested conventional loans by major MIRS data. The statute permits FHFA to enhancing the utility of the MIRS by metropolitan area and by FHLBank substitute a different ARM index after including mortgages that are backed by district. notice and comment only if the new FHA or the Department of Veterans To conduct the MIRS, FHFA asks a ARM index is based upon data Affairs. Another commenter suggested a sample of mortgage lenders to report substantially similar to that of the new sampling frame using HMDA data voluntarily the terms and conditions on original ARM index and substitution of to enhance the utility of the MIRS data. all single-family, fully amortized, the new ARM index will result in an FHFA has determined not to make any purchase-money, non-farm loans that interest rate substantially similar to the changes to the MIRS at this time but will consider the recommendations 1 See Division A, titled the ‘‘Federal Housing rate in effect at the time the new ARM Finance Regulatory Reform Act of 2008,’’ tit. I, index replaces the existing ARM index. when the MIRS is reviewed for section 1101 of HERA. See 12 U.S.C. 1437 note. enhancement as part of a

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comprehensive review of data if that particular system contains any FTC-II-12 (Training Reservation collection. records about them. System–FTC). This SORN covers records FHFA requests written comments on On June 12, 2008, the FTC used in the employee training program the following: (1) Whether the collection republished and updated all of the administered by the FTC’s Human of information is necessary for the FTC’s SORNs, describing all of the Resources Management Office. The FTC proper performance of FHFA functions, agency’s systems of records covered by is changing the name of this system and including whether the information has the Privacy Act in a single document for revising the categories of records, practical utility; (2) the accuracy of ease of use and reference. 73 FR 33592. purpose, and retrievability sections. We FHFA estimates of the burdens of the To ensure the SORNs remain accurate, are also clarifying that this system is collection of information; (3) ways to FTC staff engages in a comprehensive legally part of the OPM’s Government- enhance the quality, utility, and clarity review of each SORN on a periodic wide system of records notice for this of the information collected; and (4) basis. As a result of this systematic system, OPM/GOVT-1, which covers all ways to minimize the burden of the review, the FTC made revisions to official personnel training data; hence, it collection of information, including several of its SORNs on April 17, 2009. is subject to the same purposes and through the use of automated collection 74 FR 17863. Based on subsequent routine uses set forth for that system by techniques or other forms of information review, the FTC is making the following OPM. See OPM/GOVT-1, or any technology. revisions to several of its SORNs.1 successor OPM system notice that may be published for this system (visit Dated: August 19, 2010. I. FTC Law Enforcement Systems of Edward J. DeMarco, (www.opm.gov) for more information). Records There are also some minor editorial Acting Director, Federal Housing Finance Agency. FTC-I-1 (Nonpublic Investigational changes. [FR Doc. 2010–21422 Filed 8–26–10; 8:45 am] and Other Nonpublic Legal Program III. FTC Financial Systems of Records Records—FTC). This SORN includes BILLING CODE 8070–01–P nonpublic investigational and other FTC-III-2 (Travel Management nonpublic program records. We have System-FTC). This SORN covers travel added language clarifying that certain documentation for FTC employees and FEDERAL TRADE COMMISSION debt collection-related records other authorized individuals on official contained within this system are also travel for the FTC. To the extent these Privacy Act of 1974; System of legally part of the Government-wide travel data are collected and maintained Records Notices system of records notice published for by the FTC’s travel management this system by the Department of contractor, they are already covered by AGENCY: Federal Trade Commission Treasury, Financial Management a Government-wide General Services (FTC). System. See TREASURY/FMS.014, or Administration (GSA) SORN, GSA/ ACTION: Notice of revised Privacy Act any successor TREASURY/FMS system GOVT-4 (Contracted Travel Services system notices. notice at (http://www.ustreas.gov) for Program). See 71 FR 48764 (2006). more information. Therefore, these Nonetheless, the FTC maintains this SUMMARY: The FTC is revising several of SORN to include those data as well as the notices that it is required to publish types of records also have the same any other miscellaneous data that under the Privacy Act of 1974 to purposes and routine uses as set forth in various FTC offices may collect and describe its systems of records about the Government-wide SORN. maintain in a system of records about individuals. This action is intended to II. FTC Personnel Systems of Records individuals on official travel for the make these notices clearer, more FTC. The FTC is revising the Category accurate, and up-to-date. FTC-II-6 (Discrimination Complaint System—FTC). This SORN covers of Records section to implement DATES: This notice shall become final complaints, affidavits, supporting Department of Homeland Security and effective on August 27, 2010. documents, memoranda, (DHS) Secure Flight requirements to FOR FURTHER INFORMATION CONTACT: Alex correspondence, and notes relevant to include an individual traveler’s date of Tang, G. Richard Gold, or Lorielle L. and compiled during pre-complaint birth and sex; that the name of the Pankey, Attorneys, Office of the General matters, complaint investigations and traveler within this system matches the Counsel, FTC, 600 Pennsylvania other personnel matters at the FTC. We name shown on a government issued- Avenue, NW., Washington, DC 20580, are revising the purpose section of this identification (for example, driver’s (202) 326-2424. SORN in order to more fully describe license or passport) while traveling; and SUPPLEMENTARY INFORMATION: To inform the various issues that give rise to an optional field for redress numbers the public, the FTC publishes in the discrimination complaints. (i.e., complaint or inquiry numbers). FEDERAL REGISTER and posts on its FTC-II-7 (Ethics Program Records– Under Secure Flight (http:// Web site a ‘‘system of records notice’’ FTC). This SORN covers annual www.tsa.gov/what_we_do/layers/ (SORN) for each system of records about financial statements and other filings or secureflight/), a program developed by individuals that the FTC currently requests made by FTC officials and DHS in response to a key 9/11 maintains within the meaning of the employees under the FTC’s ethics Commission recommendation, DHS’ Privacy Act of 1974, as amended, 5 program. The FTC is including an Transportation Security Administration U.S.C. 552a. See (http://www.ftc.gov/ additional means of disposing of these conducts uniform pre-screening of foia/listofpaysystems.shtm). Each SORN records. passenger information against federal describes the records maintained in that government watch lists for domestic and particular system, including the 1 The FTC is clarifying but not adding or changing international flights. categories of individuals that the any routine uses of its system records or making FTC Systems of Records Notices records in the system are about (e.g., other significant system changes that would require prior public comment or notice to the Office of FTC employees or consumers). Each Management & Budget (OMB) and Congress. See Accordingly, the FTC revises and system notice also contains information U.S.C. 552a(e)(11) and 552a(r); OMB Circular A- updates the Privacy Act systems of explaining how individuals can find out 130, Appendix I. records below as follows:

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I. FTC Law Enforcement Systems of subject to such disclosure under the program records, these records are Records FTC’s Rules of Practice. generally retained for a period of six * * * * * years after filing, or for such other period of time as is provided for in that FTC–I–1 ROUTINE USES OF RECORDS schedule for certain specified types of MAINTAINED IN THE SYSTEM, ethics records. In cases where records SYSTEM NAME: INCLUDING CATEGORIES OF USERS are filed by, or with respect to, a AND THE PURPOSES OF SUCH USES: Nonpublic Investigational and Other nominee for an appointment requiring Nonpublic Legal Program Records— * * * * * confirmation by the Senate when the FTC. (5) Miscellaneous Uses nominee is not appointed and Presidential and Vice-Presidential * * * * * * * * * * (e) To be disclosed for any other candidates who are not elected, the CATEGORIES OF RECORDS IN THE routine use set forth in the Government- records are generally destroyed one year SYSTEM: wide system of records notice published after the date the individual ceased for this system by the Department of being under Senate consideration for Records maintained in this system Treasury, Financial Management appointment or is no longer a candidate include information about individuals System, see TREASURY/FMS.014, or for office. However, if any records are such as name, address, employment any successor TREASURY/FMS system needed in an ongoing investigation, they status, age, date of birth, financial notice that may be published for this will be retained until no longer needed information, credit information, social system (visit (http://www.ustreas.gov) in the investigation. Destruction is by security number and personal history. for more information). shredding, use of burn bags, or Records in this system are collected and * * * * * electronic deletion. generated during law enforcement * * * * * investigations and litigation and may II. FTC Law Personnel Systems of include: copies of subpoenas and other Records FTC-II-12 compulsory process issued during the * * * * * SYSTEM NAME: investigation; documents and records (including copies) obtained during the FTC-II-6 e-Train Learning Management System–FTC. investigation in response to subpoenas SYSTEM NAME: and other compulsory process, or * * * * * Discrimination Complaint System– otherwise provided to the Commission; CATEGORIES OF RECORDS IN THE FTC. affidavits and other statements from SYSTEM: witnesses; transcripts of testimony taken * * * * * Employee social security number, in the investigation and accompanying PURPOSE(S): position title, pay plan, series, grade, exhibits; internal staff memoranda; organizational code, work address, work interview notes, investigative notes, To assist in the consideration given to phone number, supervisor, date of birth, staff working papers, draft materials, reviews of potential or alleged sex, race, work email address, course and other documents and records violations of equal employment number, course title, course date and relating to the investigation; opportunity (EEO) statutes and time, attendance indicator, separation correspondence; and internal status regulations and to maintain records on date, etc. reports including matter initiation pre-complaint and complaint matters reports, progress reports, and closing relating to those issues; for the purpose PURPOSE(S): of counseling, investigating, and reports. Records in this system may also To provide information to agency include other investigatory information adjudicating such complaints; to resolve issues related to alleged discrimination managers necessary to indicate the or data relating to any of the following: training that has been requested and docketed and consent matters; redress because of race, color, religion, sex, national origin, age, physical or mental provided to individual employees; to distribution proceedings; rulemakings, determine course offerings and workshops, and other public disability, sexual orientation, or status as a parent in connection with EEO frequency; and to manage the training proceedings, including comments or program administered by the Human other materials submitted in such matters; to make reports to Office of Management and Budget, Merit Systems Resources Management Office. Since proceedings; assurances of voluntary this system is legally part of the OPM’s compliance; and advisory opinions. Protection Board, and Equal Employment Opportunity Commission. Government-wide system of records Other types of records covered by this notice for this system, OPM/GOVT-1, it system are set out in the Department of (This system corresponds to EEOC/ GOVT-1, Equal Employment is subject to the same purposes set forth Treasury, Financial Management for that system by OPM, see OPM/ Service’s Privacy Act system of records Opportunity in the Federal Government Complaint and Appeal Records.) GOVT-1, or any successor OPM system notice TREASURY/FMS.014, or any notice that may be published for this successor system notice for this system * * * * * system (visit (www.opm.gov) for more (visit (http://www.ustreas.gov) for more FTC-II-7 information). information). * * * * * This system is limited to files and SYSTEM NAME: records that are about an individual, Ethics Program Records–FTC. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, and only when the file or record is * * * * * pulled (‘‘retrieved’’) by the name of that INCLUDING CATEGORIES OF USERS individual or other personal identifier RETENTION AND DISPOSAL: AND THE PURPOSES OF SUCH USES: (e.g., number, symbol, fingerprint, etc.). In accordance with the National Since this system is legally part of the As described below, records in this Archives and Records Administration OPM’s Government-wide system of system may become public if they are General Records Schedules for ethics records notice for this system, OPM/

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GOVT-1, it is subject to the same routine DEPARTMENT OF HEALTH AND initiatives; and partnership uses set forth for that system by OPM, HUMAN SERVICES opportunities between public- and see OPM/GOVT-1, or any successor private-sector health promotion entities; OPM system notice that may be Office of the Secretary (3) functioning as a liaison to relevant State, local, and private entities in order published for this system (visit Notice of Meeting (www.opm.gov) for more information). to advise the Secretary regarding opportunities to extend and improve See also Appendix I for other ways AGENCY: Department of Health and physical activity, fitness, sports, and that the Privacy Act permits the FTC to Human Services, Office of the Secretary, Office of Public Health and Science, nutrition programs and services at the use or disclose system records outside Office of the President’s Council on local, State, and national levels; and (4) the agency. Fitness, Sports and Nutrition. monitoring the need to enhance RETRIEVABILITY: ACTION: Notice of meeting. programs and educational and promotional materials sponsored, Indexed by employee social security SUMMARY: As stipulated by the Federal overseen, or disseminated by the number and name. Advisory Committee Act, the U.S. Council, and shall advise the Secretary, * * * * * Department of Health and Human as necessary, concerning such need. In Services (DHHS) is hereby giving notice performing its functions, the Council III. FTC Financial Systems of Records that the President’s Council on Fitness, shall take into account the Federal Sports and Nutrition (PCFSN) will hold * * * * * Dietary Guidelines for Americans and a meeting. The meeting will be open to the Physical Activity Guidelines for FTC-III-2 the public. Americans. DATES: The meeting will be held on The PCFSN will hold, at a minimum, SYSTEM NAME: September 14, 2010, from 1:30 p.m. to one meeting in a calendar year. The Travel Management System–FTC. 5 p.m. meeting will be held to (1) assess ADDRESSES: ongoing Council activities and (2) * * * * * The George Washington University, 1957 E Street, NW., 7th discuss and plan future projects and CATEGORIES OF RECORDS IN THE Floor, Washington, DC. programs. The agenda for the planned SYSTEM: FOR FURTHER INFORMATION CONTACT: Ms. meeting is being developed and will be Shellie Pfohl, Executive Director, posted at http://www.fitness.gov when it Names (as they appear on President’s Council on Fitness, Sports has been finalized. government-issued driver’s licenses or and Nutrition, Tower Building, 1101 The meeting that is scheduled to be passports), dates of birth, sex, social Wootton Parkway, Suite 560, Rockville, held on September 14, 2010 is open to security numbers, home and/or business MD 20852, (240) 276–9866. Information the public. Every effort will be made to phone numbers, home and/or business about PCFSN, including details about provide reasonable accommodations for addresses, vendor ID or other unique 9- the upcoming meeting, can be obtained persons with disabilities and/or special digit numbers, e-mail addresses, at http://www.fitness.gov and/or by needs who wish to attend the meeting. emergency contact information (names, calling (240) 276–9567. Persons with disabilities and/or special needs should call (240) 276–9567 no addresses, and phone numbers), credit SUPPLEMENTARY INFORMATION: On June later than close of business on card information (personal and/or 23, 2010, the President established September 10, 2010, to request government-issued), and redress Executive Order 13545 to amend accommodations. Members of the public numbers. For traveling FTC employees Executive Order 13265, dated June 6, who wish to attend the meeting are or other individuals (e.g., witnesses) 2002. Under Executive Order 13545, asked to pre-register by calling (240) only, additional data may be direction is given for the scope of the 276–9567. Registration for public President’s Council on Physical Fitness maintained, such as passport numbers attendance must be completed before and Sports to be expanded to recognize (for international travelers), frequent close of business on September 10, that good nutrition goes hand in hand flyer or other rewards membership 2010. numbers, and trip-specific information with fitness and sports participation. (travel dates, flight numbers, Executive Order 13545 gives authority Dated: August 23, 2010. destinations, accommodations, vehicle for the title of the Council to be revised Shellie Y. Pfohl, rental, miscellaneous expenses to include nutrition. The new title is Executive Director, President’s Council on Fitness, Sports and Nutrition. claimed). President’s Council on Fitness, Sports and Nutrition (PCFSN). [FR Doc. 2010–21348 Filed 8–26–10; 8:45 am] Other types of records covered by this The primary functions of the PCFSN BILLING CODE 4150–35–P system are set out in the General include (1) advising the President, Services Administration (GSA) Privacy through the Secretary, concerning Act system of records notice applicable progress made in carrying out the DEPARTMENT OF HEALTH AND to this system, GSA/GOVT-4, or any provisions of Executive Order 13545 HUMAN SERVICES successor system notice for this system. and shall recommend to the President, Office of Global Health Affairs; Trans- * * * * * through the Secretary, actions to accelerate progress; (2) advising the Atlantic Task Force on Antimicrobial Willard K. Tom, Secretary on ways to promote regular Resistance (TATFAR) General Counsel. physical activity, fitness, sports AGENCY: Office of Global Health Affairs, [FR Doc. 2010–21318 Filed 8–26–10; 8:45 am] participation, and good nutrition. HHS. BILLING CODE 6750–01–S Recommendations may address, but are ACTION: Notice of public meeting and not necessarily limited to, public request for comments. awareness campaigns; Federal, State, and local physical activity; fitness, SUMMARY: The Office of Global Health sports participation, and nutrition Affairs is seeking comments and

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suggestions from the public on the be notified of the approximate time and any documentation may be activities of the Trans-Atlantic scheduled for their presentation prior to submitted as Adobe PDF, MSWord or Taskforce on Antimicrobial Resistance the meeting. Depending on the number Text (.txt) files. Written comments (TATFAR). of presentations, HHS may need to limit submitted by regular mail should clearly DATES: A public meeting will be held in the time allotted for presentations. identify ‘‘TATFAR Comments’’ as the Bethesda, MD, on Friday, October 1, SUPPLEMENTARY INFORMATION: subject. 2010 from 1:30 to approximately 4:30 1. Background 3. Building and Security Guidelines p.m. Persons wishing to participate, including those who wish to make an On November 3, 2009, the United The meeting is being held in a Federal oral presentation, must register in States and the European Union (EU) government building; therefore, Federal advance and provide a copy of their agreed to establish a task force to focus security measures are applicable. In presentation by noon Friday, September ‘‘on urgent antimicrobial resistance planning your arrival time, please take 24, 2010. issues focused on appropriate account of the need to clear security. All Deadline for Registration for all therapeutic use of antimicrobial drugs visitors must enter through the NIH Attendees: All Other Attendees must in the medical and veterinary Gateway Center and must present register by noon, Friday, September 24, communities, prevention of both government-issued photo identification. 2010. healthcare- and community-associated All persons entering the building must Deadline for Requests for Special drug-resistant infections, and strategies pass through a metal detector. All items Accommodation: Requests for special for improving the pipeline of new brought to HHS are subject to accommodation should be submitted by antimicrobial drugs, which could be inspection. For more information on noon, Friday, September 17, 2010. better addressed by intensified NIH security requirements for visitors, ADDRESSES: Meeting Location: The cooperation.’’ (2009 EU–U.S. Summit please go to: http://www.nih.gov/about/ public meeting will be held on the Declaration). visitorsecurity.htm. Campus of the National Institutes of The TATFAR is made up of Signed: August 23, 2010. government representatives from the Health, 9000 Rockville Pike, Building Nils Daulaire, 31, Wing C, Room 6, Bethesda, MD U.S. Department of Health and Human Services for the United States and from Director, Office of Global Health Affairs. 20892. [FR Doc. 2010–21351 Filed 8–26–10; 8:45 am] Submission of Written Comments: the European Commission, European BILLING CODE 4150–38–P Written comments can be e-mailed to Union agencies, and representatives of [email protected] or sent via regular three EU member states for the EU. mail to Elana Clarke, Office of Global Information about the TATFAR is available at: http://ecdc.europa.eu/en/ DEPARTMENT OF HEALTH AND Health Affairs, Switzer Building Room HUMAN SERVICES 2319, 330 C Street, SW., Washington, activities/diseaseprogrammes/TATFAR/ DC 20201. Pages/index.aspx. Request for Comments on Synthetic Registration and Special 2. Public Comment and Meeting Biology Accommodations: Individuals wishing to participate or who need special The public meeting process provides AGENCY: Department of Health and accommodations or both must register an opportunity for the public to become Human Services, Office of Public Health by contacting Elana Clarke at aware of the activities of the TATFAR and Science, The Presidential [email protected]. See Registration to date. In addition, OGHA invites Commission for the Study of Bioethical To Attend and/or Participate in the written comments and/or oral Issues. Public Hearing for instructions on how presentations of interested persons on ACTION: Notice. to submit electronic notices of the three focus areas of the TATFAR as participation. defined in the 2009 EU/US Summit SUMMARY: The Presidential Commission Declaration: for the Study of Bioethical Issues is FOR FURTHER INFORMATION CONTACT: • Appropriate therapeutic use of requesting public comment on the Elana Clarke at [email protected] or antimicrobial drugs in the medical and emerging science of synthetic biology, 202 260–0443. veterinary communities, including its potential applications and • Registration To Attend and/or Prevention of both healthcare- and risks, as well as appropriate ethical Participate in the Public Meeting: To community-associated drug-resistant boundaries to assure that America reaps ensure there is sufficient room we ask infections, and the benefits of this new technology. that you pre-register. If you wish to • Strategies for improving the DATES: To assure consideration, make an oral presentation during the pipeline of new antimicrobial drugs. open public comment period of the Comments should identify specific comments must be received by October hearing, state your intention to present antimicrobial resistance-related 1, 2010. on your registration submission. To activities in these three areas where ADDRESSES: Individuals, groups, and register, please send an electronic mail intensified cooperation between the organizations interested in commenting message to [email protected] by the United States and the European Union on this topic may submit comments by deadline listed under DATES. Your e- could have the most impact, keeping in e-mail to [email protected] or by mail mail should include your name and e- mind that the work of the TATFAR will to the following address: Public mail address. be carried out using currently available Commentary, The Presidential Please submit a written statement at resources. In particular, input is sought Commission for the Study of Bioethical the time of registration, identifying each on activities that can be undertaken in Issues, 1425 New York Ave., NW., Suite focus area you wish to address and the the near-term, with a reasonable C–100, Washington, DC 20005. approximate time requested to make possibility of completion over the next FOR FURTHER INFORMATION CONTACT: Ms. your presentation. Organizations should 12–15 months. Diane M. Gianelli, Director of provide this information as well as the Written comments submitted by e- Communications, The Presidential names and e-mail addresses of all mail should use the following subject Commission for the Study of Bioethical participants. Registered individuals will line ‘‘TATFAR Comments.’’ Comments Issues, 1425 New York Avenue, NW.,

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Suite C–100, Washington, DC 20005. the Commission in its thinking. Leading DEPARTMENT OF HEALTH AND Telephone: 202/233–3960. E-mail: info@ scientists in the field created context for HUMAN SERVICES bioethics.gov. Additional information the discussion by explaining the state of may be obtained by viewing the Web the science and discussing possible Administration for Children and site: http://www.bioethics.gov. applications. Among the anticipated Families SUPPLEMENTARY INFORMATION: On benefits discussed were employing Agency Recordkeeping/Reporting November 24, 2009, the President bacterial cells as microscopic factories Requirements Under Emergency established the Presidential Commission in the production of pharmaceuticals Review by the Office of Management for the Study of Bioethical Issues to and biofuels. and Budget (OMB) advise him on bioethical issues Additionally, with regard to potential generated by novel and emerging risks, the Commission heard discussion Title: TANF Emergency Fund research in biomedicine and related about possible biosafety, biosecurity and Subsidized Employment Report, Form areas of science and technology. The OFA–200. environmental concerns, including risks Commission is charged to identify and OMB No.: New Collection. promote policies and practices that that may arise as synthetic biology relies Description: On February 17, 2009, assure ethically responsible conduct of on organisms that can evolve and self- the President signed the American scientific research, healthcare delivery, replicate, and existing practices to Recovery and Reinvestment Act of 2009 and technological innovation. In protect against these risks. The (Recovery Act) which establishes the undertaking these duties, the Commission also heard discussion Emergency Contingency Fund for State Commission will identify and examine about ethical boundaries and the views TANF Programs (Emergency Fund) as specific bioethical, legal, and social of faith communities. section 403(c) of the Social Security Act issues related to potential scientific and As the approaches to, and (the Act). This legislation provides up to technological advances; examine applications of, synthetic biology $5 billion to help States, territories, and diverse perspectives and possibilities proliferate, the Commission wishes to tribes in fiscal year (FY) 2009 and FY for dynamic international collaboration develop a multifaceted understanding of 2010 that have an increase in assistance on these issues, and recommend legal, its scientific and technological caseloads or in certain types of regulatory, or policy actions as implications, and learn more about the expenditures. The Recovery Act also appropriate. views of the public on the existing or made other changes to TANF— As its first order of business, the potential ethical and social extending supplemental grants through Commission has begun an inquiry into ramifications. To this end, the FY 2010, expanding flexibility in the the emerging science of synthetic use of TANF funds carried over from Commission is inviting interested biology. The President asked the one fiscal year to the next, and adding parties to provide input and advice Commission to address this topic on a hold-harmless provision to the May 20, 2010, following the through written comments. Among caseload reduction credit for States and announcement that the J. Craig Venter other issues, the Commission is territories serving more TANF families. Institute had successfully engineered a interested in receiving comments on the The Emergency Fund is intended to synthetic cell—the insertion into a potential benefits that the emerging field build upon and renew the principles of bacterium of a complete, functional of synthetic biology is likely to yield, work and responsibility that underlie genome synthesized entirely from a now or in the future, the risks that may successful welfare reform initiatives. digitized sequence that replaced the arise, the ethical boundaries that should The Emergency Fund provides native genome of the host over a series be considered, and policies and resources to States, territories, and tribes of replications. Daniel G. Gibson et al., strategies to assure that the public will (referred to collectively here as Creation of a Bacterial Cell Controlled benefit from these new tools and ‘‘jurisdictions’’) to support work and by a Chemically Synthesized Genome, products. families during this difficult economic Science Express (May 20, 2010). The Please address comments by e-mail to period. President charged the Commission to [email protected], or by mail to the Many jurisdictions are implementing consider any potential medical, following address: Public Commentary, subsidized employment programs as a environmental, security, and other result of the availability of this new The Presidential Commission for the benefits, as well as any related risks. funding, and there is substantial interest Study of Bioethical Issues, 1425 New Additionally, the President asked the in understanding how this funding has York Ave., NW., Suite C–100, Commission to develop been used. There is also significant ‘‘recommendations about any actions the Washington, DC 20005. Comments will public interest in the number of Federal government should take to be publicly available, including any individuals that are being placed in ensure that America reaps the benefits personally identifiable or confidential subsidized employment as a result of of this developing field of science while business information that they contain. the Recovery Act. As a result, we are identifying appropriate ethical Trade secrets should not be submitted. proposing a voluntary data collection boundaries and minimizing identified Dated: August 17, 2010. for jurisdictions regarding information risks.’’ The Commission will report back Valerie H. Bonham, on the number of individuals in its finding and recommendations later subsidized employment funded in Executive Director, The Presidential this year. Commission for the Study of Bioethical Issues. whole or in part by the TANF To begin its work, the Commission Emergency Fund or that were included convened a public meeting in [FR Doc. 2010–21359 Filed 8–26–10; 8:45 am] in the calculation of a TANF Emergency Washington, DC on July 8–9, 2010. At BILLING CODE 4154–06–P Fund award. We initially requested that meeting, representatives with emergency clearance to collect this data expertise in science, ethics, and public and posted a Federal Register notice on policy, as well as advocates with diverse June 8 stating our intent to collect this perspectives on this new field provided information and invited comments. As a information and insight to help guide result of our June 8 notice we received

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comments that yielded improvements to using the money they are awarded Recovery Act funds. This information our data collection instrument, and we through the Emergency Fund. will also allow the Administration to are therefore submitting a revised data A voluntary information collection publicly communicate the impact and collection form for emergency clearance. relating to the number of individuals in achievements of the program, and make subsidized employment will serve The definition of subsidized future policy decisions on the basis of several purposes. such knowledge. employment used for this collection is This information will demonstrate the the same as the definition for the TANF impact of the program, help ACF to Respondents: State, territory, and program in general, given in 45 CFR evaluate the effectiveness of this tribal agencies administering the 261.2(c) and (d). This information will initiative, and provide information to Temporary Assistance for Needy help the agency as well as the public aide in the transparency and Families (TANF) Program that have better understand how jurisdictions are accountability of jurisdictions receiving received TANF Emergency Funds.

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

Subsidized Employment Report OFA–200 ...... 74 1 24 1,776

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND research capacity development in the Hours: We estimate the annualized cost HUMAN SERVICES future. Frequency of Response: Once. of the hour burden to be $159,840. This Affected Public: Individuals. Type of figure is based on an estimated average National Institutes of Health Respondents: Current and former NIH grantees; Current and former NIH hourly cost of $90 (including fringe Submission for OMB Review; benefits, overhead, and general and trainees in countries of interest; Leaders Comment Request; Assessing the and administrators at institutions of administrative costs) for the jurisdiction Long-Term Impacts of the John E. staff performing the work multiplied by interest; Policy-makers and scientific Fogarty International Center’s leaders in countries of interest. The the estimated 1,776 burden hours, Research and Training Programs calculated based on 74 jurisdictions annual reporting burden is as follows: applying for and receiving TANF SUMMARY: Under the provisions of Estimated Number of Respondents: 210 per year. Estimated Number of Emergency Funds (all States and Section 3507(a)(1)(D) of the Paperwork Responses per Respondent: 1. Average Territories, plus an estimated 20 tribes) Reduction Act of 1995, the John E. Burden Hours per Response: 1. If the TANF Emergency Fund is Fogarty International Center, the National Institutes of Health has Estimated Total Annual Burden Hours extended and jurisdictions report in FY submitted to the Office of Management Requested: 290. The annualized cost to 2011, the jurisdiction would submit four and Budget (OMB) a request to review respondents is estimated at: $4,841. additional responses and the total and approve the information collection There are no Capital Costs to report. burden hours for FY 2011 would be listed below. This proposed information There are no Operating or Maintenance 7,104. collection was previously published in Costs to report. Additional Information: ACF is the Federal Register on May 27, 2010 Request for Comments: Written requesting that OMB grant a 180-day (volume 75, number 102, page 29763) comments and/or suggestions from the approval for this information collection and allowed 60 days for public public and affected agencies are invited under procedures for emergency comment. One comment was received on one or more of the following points: processing by September 13, 2010. A from a member of the public. The (1) Whether the proposed collection of copy of this information collection, with purpose of this notice is to allow an information is necessary for the proper applicable supporting documentation, additional 30 days for public comment. performance of the function of the may be obtained by calling the Proposed Collection: Title: Assessing agency, including whether the the Long-Term Impacts of the John E. information will have practical utility; Administration for Children and Fogarty International Center’s Research (2) the accuracy of the agency’s estimate Families, Reports Clearance Officer, and Training Programs. Type of of the burden of the proposed collection Robert Saris at (202) 690–7275. Information Collection Request: New of information, including the validity of Comments about the information collection. Need and Use of Information the methodology and assumptions used; collection described above should be Collection: This study will inform (3) ways to enhance the quality, utility, directed to the Office of Information and investment decisions and strategies and clarity of the information to be Regulatory Affairs, Attn: OMB Desk employed by the Fogarty International collected; and (4) ways to minimize the Officer for ACF, Office of Management Center for the purpose of strengthening burden of the collection of information and Budget, Paperwork Reduction biomedical research capacity in low and on those who are to respond, including Project, 725 17th Street, NW., middle income countries. The primary the use of appropriate automated, Washington, DC 20503; FAX: (202) 395– objective of the study is to develop electronic, mechanical, or other 7285; e-mail: [email protected]. detailed case studies of the long-term technological collection techniques or gov. impacts of Fogarty’s research and other forms of information technology. training programs on educational Direct Comments to OMB: Written Dated: August 18, 2010. institutions located in low and middle comments and/or suggestions regarding Robert Sargis, income countries. The findings will the item(s) contained in this notice, Reports Clearance Officer. provide valuable information especially regarding the estimated [FR Doc. 2010–21203 Filed 8–26–10; 8:45 am] concerning return on the Center’s public burden and associated response BILLING CODE 4184–01–P investments over the past twenty years time, should be directed to the: Office and effective strategies for promoting of Management and Budget, Office of

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Regulatory Affairs, OIRA_submission@ on the draft guidance by November 26, clinical trials that can be used to omb.eop.gov or by fax to 202–395–6974, 2010. provide evidence of efficacy for the Attention: Desk Officer for NIH. To ADDRESSES: Submit written requests for treatment of ABSSSI. The guidance request more information on the single copies of the draft guidance to the describes a new responder efficacy proposed project or to obtain a copy of Division of Drug Information, Center for endpoint for noninferiority trials that is the data collection plans and Drug Evaluation and Research, Food based on the historical studies used to instruments, contact Dr. Linda Kupfer, and Drug Administration, 10903 New justify the noninferiority margin. Fogarty International Center, National Hampshire Ave., Bldg. 51, rm. 2201, Currently, there are ongoing efforts in Institutes of Health, 16 Center Drive, Silver Spring, MD 20993–0002. Send the scientific community to develop and Bethesda, MD 20892, or call non-toll- one self-addressed adhesive label to evaluate new efficacy endpoints for free number 301–496–3288, or e-mail assist that office in processing your ABSSSI. The guidance also defines the your request, including your address to: requests. See the SUPPLEMENTARY clinical disease entities of skin [email protected]. INFORMATION section for electronic infections for which a superiority trial is Comments Due Date: Comments access to the draft guidance document. recommended. regarding this information collection are Submit electronic comments on the best assured of having their full effect if draft guidance to http:// This draft guidance is being issued received within 30 days of the date of www.regulations.gov. Submit written consistent with FDA’s good guidance this publication. comments to the Division of Dockets practices regulation (21 CFR 10.115). Dated: August 23, 2010. Management (HFA–305), Food and Drug The draft guidance, when finalized, will Timothy J. Tosten, Administration, 5630 Fishers Lane, rm. represent the agency’s current thinking on developing drugs for the treatment of Executive Officer, John E. Fogarty 1061, Rockville, MD 20852. International Center, National Institutes of FOR FURTHER INFORMATION CONTACT: ABSSSI. It does not create or confer any Health. Joseph G. Toerner, Center for Drug rights for or on any person and does not [FR Doc. 2010–21350 Filed 8–26–10; 8:45 am] Evaluation and Research, Food and operate to bind FDA or the public. An BILLING CODE 4140–01–P Drug Administration, 10903 New alternative approach may be used if Hampshire Ave., Bldg. 22, rm. 6244, such approach satisfies the Silver Spring, MD 20993–0002, 301– requirements of the applicable statutes DEPARTMENT OF HEALTH AND 796–1300. and regulations. HUMAN SERVICES SUPPLEMENTARY INFORMATION: II. The Paperwork Reduction Act of Food and Drug Administration I. Background 1995 [Docket No. FDA–2010–D–0433] FDA is announcing the availability of This guidance refers to previously a draft guidance for industry entitled approved collections of information that ‘‘Acute Bacterial Skin and Skin Draft Guidance for Industry on Acute are subject to review by the Office of Structure Infections: Developing Drugs Bacterial Skin and Skin Structure Management and Budget under the for Treatment.’’ The purpose of this draft Infections: Developing Drugs for Paperwork Reduction Act of 1995 (44 Treatment; Availability guidance is to assist clinical trial sponsors and investigators in the U.S.C. 3501–3520). The collections of AGENCY: Food and Drug Administration, development of antimicrobial drugs for information in 21 CFR part 312 have HHS. the treatment of ABSSSI, impetigo, and been approved under OMB control ACTION: Notice. minor cutaneous abscesses. This number 0910–0014 and the collections guidance revises the draft guidance of information in 21 CFR part 314 have SUMMARY: The Food and Drug regarding uncomplicated and been approved under OMB control Administration (FDA) is announcing the complicated skin and skin structure number 0910–0001. availability of a draft guidance for infections published in 1998. The III. Comments industry entitled ‘‘Acute Bacterial Skin guidance also addresses the clinical and Skin Structure Infections: development of new drugs to treat drug- Interested persons may submit to the ’’ Developing Drugs for Treatment. The resistant bacterial pathogens implicated Division of Dockets Management (see purpose of this draft guidance is to in ABSSSI, such as methicillin-resistant ADDRESSES) either electronic or written assist clinical trial sponsors and Staphylococcus aureus. comments regarding this document. It is investigators in the development of The definitions of ABSSSI and the only necessary to send one set of antimicrobial drugs for the treatment of designs of ABSSSI clinical trials were comments. It is no longer necessary to acute bacterial skin and skin structure discussed at a meeting of the Anti- send two copies of mailed comments. infections (ABSSSI), impetigo, and Infective Drugs Advisory Committee on minor cutaneous abscesses. FDA’s Identify comments with the docket November 18, 2008. In addition, other number found in brackets in the thinking in this area has evolved in advisory committee meetings have heading of this document. Received recent years, and this draft guidance, focused on the development of specific comments may be seen in the Division when finalized, will inform sponsors of drugs for this indication. As a result of of Dockets Management between 9 a.m. the changes in the definitions of ABSSSI these public discussions, as well as and 4 p.m., Monday through Friday. and the recommendations for clinical review of applications at FDA, the drug development. agency’s thinking in this area has IV. Electronic Access DATES: Although you can comment on evolved in recent years and this draft any guidance at any time (see 21 CFR guidance informs sponsors of the Persons with access to the Internet 10.115(g)(5)), to ensure that the agency changes in our recommendations. may obtain the document at either considers your comment on this draft Specifically, the guidance defines the http://www.fda.gov/Drugs/Guidance guidance before it begins work on the clinical disease entities and provides a ComplianceRegulatoryInformation/ final version of the guidance, submit justification for a noninferiority margin Guidances/default.htm or http:// either electronic or written comments for the design of active-controlled www.regulations.gov.

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Dated: August 23, 2010. address the needs of communities ADDRESSES: Licensing information and Leslie Kux, rapidly. This Center currently provides copies of the U.S. patent applications Acting Assistant Commissioner for Policy. technical assistance and training to listed below may be obtained by writing [FR Doc. 2010–21328 Filed 8–26–10; 8:45 am] strengthen the capacity of active Safe to the indicated licensing contact at the BILLING CODE 4160–01–S Schools/Healthy Students grantees to Office of Technology Transfer, National sustain the use of evidence-based Institutes of Health, 6011 Executive strategies for mental health promotion Boulevard, Suite 325, Rockville, DEPARTMENT OF HEALTH AND and school violence prevention. There Maryland 20852–3804; telephone: 301/ HUMAN SERVICES is no other potential organization with 496–7057; fax: 301/402–0220. A signed the required access and expertise. Confidential Disclosure Agreement will Substance Abuse and Mental Health Eligibility for this program be required to receive copies of the Services Administration supplement is restricted to the current patent applications. grantee, National Center for Mental System and Method for Producing Fiscal Year (FY) 2010 Funding Health Promotion and Youth Violence Opportunity Nondiffracting Light Sheets that Prevention at Educational Development Improves the Performance of Selective AGENCY: Substance Abuse and Mental Corporation (EDC). Eligibility is limited Plane Illumination Microscopy (SPIM) Health Services Administration, HHS. because the magnitude of the Deepwater Horizon oil spill and its impact on the Description of Invention: The ACTION: Notice of Intent to award a residents of the Gulf Coast region have technology offered for licensing relates Single Source Supplement Grant to the led to an urgent need for disaster to a system and method of producing National Center for Mental Health behavioral health communications nondiffracting beams of light that Promotion and Youth Violence services targeting school aged children, spatially overlap, but do not interfere Prevention at Educational Development youth and their families. This with each other when intersecting the Corporation (EDC) of Newton, supplement will serve to maximize detection plane of an optical Massachusetts. efficiencies created under the current arrangement. The system includes an illumination source (i.e. ultrafast laser) SUMMARY: This notice is to inform the services infrastructure. It would be public that the Substance Abuse and inefficient and duplicative to fund for transmitting a beam of light through the optical arrangement that includes a Mental Health Services Administration additional technical assistance services diffraction grating for diffracting the (SAMHSA) intends to award for a Back to School Media Support for light beam to produce beams of light approximately $250,000 for up to fifteen Gulf Coast States Impacted by the having different wavelengths, which are months to expand grant activities Deepwater Oil Spill grant through a then passed through an annular aperture funded under the Technical Assistance second organization. that transforms the beams of light into Center for Mental Health Promotion and Contact: Shelly Hara, Substance nondiffracting beams having different Youth Violence Prevention to Abuse and Mental Health Services wavelengths. The method can be readily implement a Back to School media Administration, 1 Choke Cherry Road, utilized in Selective Plane Illumination campaign targeted at the Gulf Coast Room 8–1095, Rockville, MD 20857; Microscopy (SPIM), a system that schools impacted by the Deepwater oil telephone: (240) 276–2321; E-mail: [email protected]. provides optical sectioning of a sample spill. This is not a formal request for that is labeled with fluorescent dyes. applications. This award is contingent Dated: August 23, 2010. SPIM can provide quantitative three- upon the availability of funding. Toian Vaughn, dimensional maps of the distribution of Assistance will be provided only to the SAMHSA Committee Management Officer. a flurophore within the sample with current grantee of the Technical [FR Doc. 2010–21339 Filed 8–26–10; 8:45 am] high spatiotemporal resolution and an Assistance Center for Mental Health BILLING CODE 4162–20–P excellent signal-to-noise ratio. The Promotion and Youth Violence standard SPIM technique however Prevention based on the receipt of a produces nonuniform axial resolution, satisfactory application that is approved DEPARTMENT OF HEALTH AND which is caused by the diffraction of the by an independent review group. HUMAN SERVICES laser beam through the sample, causing Funding Opportunity Title: SM–10– degradation in the optical sectioning, 020. National Institutes of Health and forcing a compromise between field Catalog of Federal Domestic of view and axial resolution. Assistance (CFDA) Number: 93.243. Government-Owned Inventions; Techniques for decoupling field of view Availability for Licensing Authority: Sections 501(d)(5), 501(d)(18), and axial resolution have previously 520A, 231, of the Public Health Service (PHS) AGENCY: National Institutes of Health, utilized nondiffracting beams (e.g. Act [42 U.S.C. 290aa; 42 U.S.C. 290bb–32, 42 Public Health Service, HHS. Bessel beams) for sample illumination. U.S.C. 238, respectively]. ACTION: Notice. The resulting interference from multiple Justification: Only an application nondiffracting beams degrades the from the current grantee, National SUMMARY: The inventions listed below quality of optical sectioning and the Center for Mental Health Promotion and are owned by an agency of the U.S. quality of the image. The present Youth Violence Prevention at Government and are available for technology utilizing nondiffracting Educational Development Corporation licensing in the U.S. in accordance with noninterfering beams is intended to (EDC), will be considered for funding 35 U.S.C. 207 to achieve expeditious alleviate the problems associated with under this announcement. Fifteen- commercialization of results of the currently used SPIM techniques. months funding may become available Federally-funded research and Applications: In Selective Plane to implement a Back to School Media development. Foreign patent Illumination Microscopy (SPIM) used Support for Gulf Coast States Impacted applications are filed on selected for optical sectioning and imaging of by the Deepwater Oil Spill grant. The inventions to extend market coverage biological samples. current grantee will provide technical for companies and may also be available Development Status: Proof of concept assistance and is in a unique position to for licensing. has been demonstrated.

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Inventors: Andrew York, Yicong Wu, papillomaviruses (HPVs) and other Publication: Chapman S et al. Human Hari Shroff (NIBIB) viruses and this technology enables the keratinocytes are efficiently study of those viruses that do not immortalized by a Rho kinase inhibitor. Relevant Publications immortalize cells. In addition, this J Clin Invest. 2010 Jul 1;120(7):2619–26. 1. Durnin J, Micheli J Jr, Eberly JH. technology may enhance the quantity of [PubMed: 20516646]. Diffraction-free beams. Phys Rev Lett. material available for skin grafts, as Patent Status: PCT Patent Application 1987 Apr 13;58(15):1499–1501. current grafting techniques are limited No. PCT/US2009/066844 filed 12 Apr 2. Greger K, Swoger J, Stelzer EH. by the amount of donor material 2009, which published as WO/2010/ Basic building units and properties of a immediately available. Thus, this 065907 on 10 Jun 2010 (HHS Reference fluorescence single plane illumination technology may provide an ideal model No. E–055–2009/0–PCT–02). microscope. Rev Sci Instrum. 2007 environment for producing large Licensing Status: Available for Feb;78(2):023705. [PubMed: 17578115] quantities of both normal and diseased licensing. 3. Fahrbach F, Rohrbach A. primary human keratinocytes from Licensing Contact: Jeffrey Clark Klein, Microscopy with Non-diffracting Beams. small numbers of primary cells from Ph.D.; 301–594–4697; [email protected]. Abstract at 2009 Focus on Microscopy individual hosts or anatomical sites for gov. Conference, http:// research purposes, testing of Collaborative Research Opportunity: www.focusonmicroscopy.org/2009/PDF/ therapeutics, skin graft generation and _ The National Institute of Allergy and 28l Fahrbach.pdf. HPV investigation. Infectious Diseases, Laboratory of Viral 4. Rohrbach A. Artifacts resulting Applications Diseases is seeking statements of from imaging in scattering media: a capability or interest from parties • Promotion of sustained primary theoretical prediction. Opt Lett. 2009 interested in collaborative research to human keratinocyte proliferation in Oct 1;34(19):3041–3043. [PubMed: further develop, evaluate, or vitro. 19794809] commercialize methods of producing Patent Status: U.S. Provisional • Human skin graft cultures and immortalized primary human Application No. 61/360,352 filed 30 Jun techniques. keratinocytes. Please contact Johanna 2010, entitled ‘‘System and Method of • Immortalization of both normal and Schneider, Ph.D. at 301–451–9824 or Producing Nondiffracting Light Sheets diseased cells from individual hosts. • [email protected] for more by a Multiplicity of Spatially Immortalization of ‘‘difficult to information. Overlapping, Minimally Interfering establish’’ keratinocytes from different anatomical sites. Nondiffracting Optical Beams’’ (HHS • Novel Drugs for the Treatment of Reference No. E–118–2010/0–US–01). In vitro assay for investigating the Schizophrenia Licensing Status: Available for full life cycle of HPV. • In vitro screen for HPV inhibitors. Description of Invention: Because licensing. psychosis and cognitive decline are Advantages Licensing Contacts among the most common debilitating • Allows culture and immortalization • Uri Reichman, Ph.D., MBA; 301– afflictions of humans, the search for of many types of keratinocytes that are 435–4616; [email protected]. new treatments is very important and difficult to establish and pass in culture. • Michael Shmilovich, Esq.; 301– timely. • Allows isolation of diseased and Researchers at the NIH have found 435–5019; [email protected]. normal keratinocytes from individual Collaborative Research Opportunity: that genetic variations on the PIK3CD hosts for research and therapeutic The NIBIB Section on High Resolution gene are associated with schizophrenia purposes. Optical Imaging is seeking statements of • in Caucasian and African American Current HPV investigations are families and can affect normal human capability or interest from parties limited by keratinocyte senescence. interested in collaborative research to • cognition functions such as memory, IQ Skin graft generation is currently and executive cognition. The inventors further develop, evaluate, or dependent on slow culture of limited commercialize the nondiffracting Light have shown that an inhibitor of the quantities of donor material. phosphatidylinositol 3-kinase p110 Sheets for SPIM. Please contact Hari Development Status: Early stage: cell- delta (PIK3CD) enzyme, which is Shroff at 301–435–1995 or hari.shroff based assays using primary human cells. @nih.gov for more information. Market: Over 6 million individuals encoded by the PIK3CD gene, become infected by genital HPV every significantly improves a migratory Method of Producing Immortalized response that is critically impaired in Primary Human Keratinocytes for HPV year and over 500,000 new cases of anal and genital warts are diagnosed schizophrenic patients. This drug, as Investigation, Testing of Therapeutics, well as other PIK3CD inhibitors, could and Skin Graft Generation annually in the United States (http:// www.cancer.org). At least 40,000 provide effective treatments of Description of Invention: One of the American burn victims are hospitalized psychosis and cognitive decline. major limitations of using cultured annually, including 25,000 admissions Applications: Novel target for keratinocytes for research studies is that to hospitals with specialized burn development of therapeutics of CNS primary keratinocytes senesce after a centers (http://www.ameriburn.org) and disorders including schizophrenia, few passages. Keratinocytes from skin grafts for diabetic ulcers are psychosis, and cognitive deficiency. specific anatomical sites are also increasing. Skin disease is very Development Status: Early stage: in difficult to culture. Scientists at the NIH prevalent and is estimated to affect vivo rodent and in vitro human cells. have demonstrated that primary greater than 50% of individuals in Market: According to BioPortfolio, the keratinocytes, from several anatomical Western countries (Rea et al., British world schizophrenia market was $12 sites, when treated with a small- Journal of Preventive and Social billion in 2004. Schizophrenia affects molecule inhibitor of the ROCK protein Medicine 30: 107–14, 1976. approximately 0.5% of both the U.S. maintain a proliferative state and Inventors: Alison McBride (NIAID), and world populations. become immortal without genetic Sandra E. Chapman (NIAID), Jonathan Inventors: Amanda J. Law and Daniel modification to the cells. Keratinocytes C. Vogel (NCI), Atsushi Terunuma R. Weinberger (NIMH). are also the host cells for human (NCI). Publication: In preparation.

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Patent Status: PCT Application No. Resonance Imaging for in vivo imaging. commercialize the above rapid scan- PCT/US2009/66867 filed 04 Dec 2009 The presently described improvements rotating gradients strategy for (HHS Reference No. E–054–2009/0– to CW–EPR will allow changes of blood performing routine in vivo PCT–02). perfusion and oxygenation in tumors to radiofrequency CW EPR imaging in Licensing Status: Available for be observed in nearly real-time, while small animals. Please contact John D. licensing. improved resolution will permit Hewes, PhD, at 301–435–3121 or hewesj Licensing Contact: Charlene Sydnor, angiogenesis in and around tumors to be @mail.nih.gov for more information. Ph.D.; 301–435–4689; sydnorc@mail. monitored in a non-invasive manner. Dated: August 20, 2010. nih.gov. Additionally, rapid scan imaging Richard U. Rodriguez, Collaborative Research Opportunity: provides excellent temporal resolution Director, Division of Technology Development The National Institute of Mental Health and will help quantify pharmaco- Clinical Brain Disorders Branch is and Transfer, Office of Technology Transfer, kinetics and metabolic degradation National Institutes of Health. seeking statements of capability or kinetics of bioactive and redox sensitive [FR Doc. 2010–21347 Filed 8–26–10; 8:45 am] interest from parties interested in free radicals such as nitroxides. collaborative research to further BILLING CODE 4140–01–P develop, evaluate, or commercialize the Applications development of PIK3CD inhibitors for • Enhanced spatial, temporal, and the treatment of CNS disorders DEPARTMENT OF HEALTH AND spectral resolution of Continuous Wave- HUMAN SERVICES including schizophrenia, psychosis, and Electron Paramagnetic Resonance cognitive deficiency. Please contact Imaging. National Institutes of Health Amanda Law at [email protected] for • Real-time assessment of changes in more information. blood perfusion and oxygenation. Government-Owned Inventions; Fast Electron Paramagnetic Resonance Development Status: Preliminary Availability for Licensing Imaging (EPRI) Using CW–EPR experiments have been conducted and the technology has been tested for AGENCY: National Institutes of Health, Spectrometer With Sinusoidal Rapid- Public Health Service, HHS. Scan and Digital Signal Processing feasibility. Inventors: Sankaran Subramanian et ACTION: Notice. Description of Invention: Electron al. (NCI). SUMMARY: The inventions listed below Paramagnetic Resonance (EPR) Imaging Relevant Publication: Subramanian S, are owned by an agency of the U.S. is an indispensable tool that may be Koscielniak JW, Devasahayam N, Government and are available for applied to a variety of disciplines for Pursley RH, Pohida TJ, Krishna MC. A licensing in the U.S. in accordance with evaluation of chemical species having new strategy for fast radiofrequency CW 35 U.S.C. 207 to achieve expeditious unpaired electrons such as free radicals EPR imaging: Direct detection with commercialization of results of and transition metal ions. In Continuous rapid scan and rotating gradients. J federally-funded research and Wave (CW)–EPR the sample is Magn Reson. 2007 Jun; 186(2):212–219. development. Foreign patent continuously irradiated with weak RF [PubMed: 17350865]. radiation while sweeping the magnetic applications are filed on selected field relatively slowly. Existing CW– Patent Status inventions to extend market coverage EPR techniques utilize a signal • U.S. Provisional Application No. for companies and may also be available detection method known as phase- 60/818,052 filed 30 Jun 2006 (HHS for licensing. sensitive detection which results in data Reference No. E–221–2005/0–US–01). ADDRESSES: Licensing information and acquisition times that are too long for in • PCT Application No. PCT/US07/ copies of the U.S. patent applications vivo applications. The present 00072371 filed 02 Jul 2007, which listed below may be obtained by writing technology represents significant published as WO 2008/091365 on 31 Jul to the indicated licensing contact at the improvements on conventional CW– 2008 (HHS Reference No. E–221–2005/ Office of Technology Transfer, National EPR. 1–PCT–01). Institutes of Health, 6011 Executive The subject technology includes three • U.S. Patent Application No. 12/ Boulevard, Suite 325, Rockville, approaches to collecting image data 306,514 filed 23 Dec 2008 (HHS Maryland 20852–3804; telephone: 301/ with increased spatial, temporal and Reference No. E–221–2005/1–US–02). 496–7057; fax: 301/402–0220. A signed spectral resolution and improved • U.S. Patent Application No. 12/ Confidential Disclosure Agreement will sensitivity. Spectral data acquisition is 564,006 filed 21 Sep 2009 (HHS be required to receive copies of the performed by a direct detection strategy Reference No. E–221–2005/2–US–01). patent applications. involving mixing a signal to base-band Licensing Status: Available for An XMRV Tool Box: Expression and acquiring data with a fast-digitizer. licensing. Plasmids, Genes, and Proteins for All Projection data is acquired using a Licensing Contacts Components of the Xenotropic Murine sinusoidal magnetic field sweep under Leukemia Virus-Related Virus (XMRV) gradient magnetic fields. Data collection • Uri Reichman, PhD, MBA; 301– times are decreased with the utility of 435–4616; [email protected]. Description of Invention: The rotating gradients. • John Stansberry, PhD; 301–435– xenotropic murine leukemia virus- Further improvement to the present 5236; [email protected]. related virus (XMRV) has been technology includes optimized DSP Collaborative Research Opportunity: implicated as a possible causative agent (digital signal processing) transmit and The National Cancer Institute, Radiation of prostate cancer and chronic fatigue receive systems that decrease the analog Biology Branch, is seeking statements of syndrome (CFS). Scientists at the background noise and allow optimizing capability or interest from parties National Institutes of Health (NIH) and the extent of signal averaging for interested in collaborative research to Science Applications International improved image quality. further develop improved hardware in Corporation in Frederick, MD (SAIC– Increased speed and sensitivity make terms of higher gradient & sweep Frederick) have developed sixty four CW–EPR a potentially useful and frequencies and compatible AC (64) protein expression plasmids for complementary tool to proton Magnetic amplifiers and evaluate, or components of XMRV. One or more

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XMRV proteins made available through cancer, chronic fatigue syndrome, and Inventors: Dominic Esposito (SAIC), these expression plasmids could have any other disease where XMRV is later Alan Rein (NCI), Stuart Le Grice (NCI), clinical relevance to diagnosing or identified as the causative agent. James Hartley (SAIC), William Gillette treating human disease. The work to • A logical starting point for (SAIC), Ralph Hopkins III (SAIC), Troy develop this technology was performed generating clinical-grade XMRV Taylor (SAIC). in the Protein Expression Laboratory at constructs for use in clinical vaccine, Selected Publications: SAIC–Frederick in collaboration with immunotherapy, and gene therapy 1. VC Lombardi, et al. Detection of an expert retrovirologists from the National studies. infectious retrovirus, XMRV, in blood Cancer Institute’s Frederick, MD Advantages: cells of patients with chronic fatigue campus, a site well-positioned to • First complete set of plasmids syndrome. Science 2009 Oct develop these expression plasmids from available for the expression of each 23;326(5952):585–589. [PubMed: initial cloning to final validations. The XMRV protein individually: Researchers 19815723] development of these XMRV tools is looking to study XMRV can save months 2. A Urisman, et al. Identification of expected to save researchers months in of time and thousands of dollars by a novel Gammaretrovirus in prostate laboratory production time and using this set of XMRV tools. The tumors of patients homozygous for thousands of dollars in labor costs. plasmids have been fully-mapped and R462Q RNASEL variant. PLoS Pathog. The XMRV strain utilized to generate validated for protein expression. This 2006 Mar;2(3):e25. [PubMed: 16609730] these expression plasmids is a reference plasmid portfolio offers a variety of Patent Status: HHS Reference No. E– strain isolated from a human patient. vectors for expressing these XMRV 155–2010/0—Research Tool. Patent Each expression plasmid encodes one of proteins including Gateway® entry protection is not being pursued for this the ten proteins that comprise the clones, bacterial vectors, baculoviral technology. XMRV retrovirus (matrix, p12, capsid, vectors, and mammalian expression Licensing Status: Available for nucleocapsid, protease, reverse systems. licensing under a Biological Materials transcriptase, integrase, surface, • Clones were developed from an License Agreement. transmembrane, and envelope). Nine of XMRV isolate taken from a patient with Licensing Contact: Samuel E. Bish, the ten XMRV proteins expressed by a confirmed XMRV infection: The Ph.D.; 301–435–5282; bishse@ these clones have been successfully proteins produced by these expression mail.nih.gov. purified in large quantities using scale- plasmids are anticipated to have direct up processes. The expression vectors clinical applicability to human XMRV Tempol: A Commercially Available were generated utilizing the Gateway® diseases. Nitroxide as Cancer Therapeutics cloning system and consist of Gateway® • Launching pad for any commercial Description of Invention: The entry clones, bacterial (Escherichia coli) entity desiring to develop diagnostics or invention is the discovery that a expression clones, baculovirus therapeutics for XMRV: This technology commercially available stable nitroxide, expression clones, and mammalian namely TEMPOL can effectively reduce expression clones. Expression of the is likely to give companies in the the level of hypoxia-inducible appropriate XMRV protein from its prostate cancer arena or the emerging transcription factor (HIF)–2a. Elevated corresponding expression clone has chronic fatigue syndrome market a HIF–2a is associated with clear cell been confirmed. The entry clones have competitive advantage for developing ® kidney cancer characterized by been validated for Gateway subcloning anti-XMRV products faster than and the baculovirus clones have been competitors. The molecular targets mutation of the VHL tumor suppressor validated for baculovirus production needed as a starting point for gene and with many other cancers. and can be transposed into baculoviral therapeutic development are provided Therefore, TEMPOL can potentially be genomes. The plasmids have been fully by this technology. developed into a cancer drug to treat mapped and sequenced and contain one Market: Apart from cancers of the patients with elevated HIF–2a, whether or more elements to facilitate laboratory skin, prostate cancer is the most due to compromised VHL function or use, such as antibiotic resistance genes, common form of cancer found in men, not. specialized promoter sequences, especially in men over the age of 65. In Applications: Known compound maltose-binding protein and His tags, the United States, an estimated 200,000 (TEMPOL) found to be effective in TEV protease sites, Kozak-ATG men are diagnosed with prostate cancer treating several cancers. sequences, signal peptides, and other each year and around 100 men die of Advantages: Animal data confirms elements. the disease daily. About $5 billion effectiveness of TEMPOL against cancer Applications: dollars is spent annually on treatments support. • Research tool whose large-scale for prostate cancer. Development Status: Pre-clinical, In production capability can be utilized to The Center for Disease Control (CDC) vivo animal data available. develop serological assays for detecting estimates that over 1 million Americans Target Market: The potential drug will XMRV and other retroviruses to are living with chronic fatigue target a population that suffers from possibly establish these viruses as syndrome and approximately 80% of genetic diseases such as inherited von causative agents for CFS, prostate these individuals are undiagnosed. This Hippel-Lindau (VHL) disease, which is cancer, and other diseases with debilitating disease likely affects over 17 associated with elevated expression of unknown origins. million people worldwide and the cause HIF–2a and patients with kidney and • Collection of research tools that of CFS is currently unknown. Those other cancers characterized by elevation could be utilized to develop a complete individuals diagnosed with CFS are a of HIF–2a. Inherited VHL disease is a set of diagnostic assays for detecting vocal patient group desiring expanded cancer syndrome caused by germ line each of these XMRV proteins in patient research into the cause of CFS and mutations of the VHL tumor suppressor samples. possible treatments and/or cures. In the gene. VHL is characterized by angiomas • Research tool to serve as a platform United States alone, an estimated $9 and hemangioblastomas of the brain, for developing therapeutic moieties, billion dollars is lost annually due to spinal cord, and retina. These can lead such as neutralizing antibodies and CFS-induced decreases in worker to cysts and/or tumors of the kidney, other biologics, for treating prostate productivity. pancreas, and adrenal glands (e.g.,

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pheochromocytoma and endolymphatic • B–CLL and MCL antibody Dated: August 23, 2010. sac tumors). therapeutics. Richard U. Rodriguez, Renal clear cell carcinoma (RCC) • Method to diagnose B–CLL and Director, Division of Technology Development develops in approximately 75% of VHL MCL. and Transfer, Office of Technology Transfer, patients by age 60 and is a leading cause National Institutes of Health. of death in this population. Inactivation Advantages: Selective targeting to [FR Doc. 2010–21349 Filed 8–26–10; 8:45 am] malignant B–CLL and MCL cells. (mutation or methylation) of the VHL BILLING CODE 4140–01–P gene is associated with greater than 90% Development Status: The technology of all clear cell RCC (including sporadic is currently in the pre-clinical stage of cases) (Nickerson et al. Clin Cancer Res development. DEPARTMENT OF HEALTH AND 2008;14:4726–34). Thus, subjects with Market: HUMAN SERVICES compromised VHL function represent a • significant population that has or is at The monoclonal antibody market is Centers for Medicare & Medicaid risk for developing cancer, including one of the fastest growing sectors of the Services pharmaceutical industry with a 48.1% RCC. There is data that HIF–2a may be [CMS–0031–N] important in all or most cancers growth between 2003 and 2004 and the (Franovic et al. Proc Natl Acad Sci U S potential to reach $30.3 billion in 2010. Medicare Program; Listening Session A 2009;106:21306–11). This growth rate is driven by the Regarding the Implementation of Inventors: W. Marston Linehan (NCI), evolution of chimeric and humanized to Section 10332 of the Patient Protection Tracey A. Rouault (NICHD), James B. fully humanized antibody therapeutics. and Affordable Care Act, Availability of Mitchell (NCI), Murali K. Cherukuri • Approximately 18,500 patients with Medicare Data for Performance (NCI). ROR1-expressing B-cell malignancies Measurement Patent Status: U.S. Provisional are newly diagnosed annually in the Application No. 61/265,194 filed 30 United States. DATE: September 20, 2010. Nov 2009 (HHS Reference No. E–133– Inventors: Christoph Rader and AGENCY: Centers for Medicare & 2009/0–US–01). Sivasubramanian Baskar (NCI). Medicaid Services (CMS), HHS. Licensing Status: Available for ACTION: Notice of meeting. Related Publications: licensing. Licensing Contact: Sabarni Chatterjee, 1. S Baskar et al. Unique cell surface SUMMARY: This notice announces a Ph.D.; 301–435–5587; chatterjeesa@ expression of receptor tyrosine kinase listening session to receive comments mail.nih.gov. ROR1 in human B-cell chronic regarding implementation of section Collaborative Research Opportunity: lymphocytic leukemia. Clin Cancer Res. 10332 of the Patient Protection and The Center for Cancer Research, 2008 Jan 15;14(2):396–404. [PubMed: Affordable Care Act (the Affordable Care Urologic Oncology Branch, is seeking 18223214] Act), which amended section 1874 of the Social Security Act: Availability of statements of capability or interest from 2. M Hudecek et al. The B-cell tumor Medicare Data for Performance parties interested in collaborative associated antigen ROR1 can be targeted Measurement. The purpose of the research to further develop, evaluate, or with T-cells modified to express a listening session is to solicit input from commercialize the use of Tempol to ROR1-specific chimeric antigen potential stakeholders on key target HIF–2a in cancer. Please contact receptor. Blood. 2010 Aug 11; Epub components of the design of the John Hewes, Ph.D. at 301–435–3121 or ahead of print. [PubMed: 20702778] program. We are soliciting input on the [email protected] for more Patent Status: information. types of organizations that may be • U.S. Provisional Application No. interested in receiving data as qualified Chimeric Anti-human ROR1 61/172,099 filed 23 Apr 2009 (HHS entities under this provision; the criteria Monoclonal Antibodies Reference No. E–097–2009/0–US–01). such organizations will have to meet for Description of Invention: Available for • PCT Application No. PCT/US10/ participation; procedures for CMS to licensing are mouse anti-human 32208 filed 23 Apr 2010 (HHS Reference approve interested organizations for receptor tyrosine kinase-like orphan No. E–097–2009/0–PCT–02). participation; provider communities receptor 1 (ROR1) monoclonal and geographic areas that might be Licensing Status: Available for served by these entities; data elements antibodies (mAbs). ROR1 is a signature licensing. cell surface antigen for B-cell chronic required, and the sources and types of lymphocytic leukemia (B–CLL) and Licensing Contact: Jennifer Wong; other data that these organizations mantle cell lymphoma (MCL) cells, two 301–435–4633; [email protected]. might match to Medicare claims; incurable B-cell malignancies that are Collaborative Research Opportunity: challenges in calculating performance newly diagnosed in approximately The Center for Cancer Research, measures from the data, and issues 15,000 and 3,500 patients per year, Experimental Transplantation and related to the identification, selection, respectively, in the United States. Immunology Branch is seeking and reporting of the performance Currently, there are no therapeutic statements of capability or interest from measures. mAbs that specifically target B–CLL or parties interested in collaborative DATES: Meeting Date: The listening MCL cells. Anti-ROR1 mAbs may be research to further develop, evaluate, or session will be held on Monday, linked to chemical drugs or biological commercialize anti-ROR1 mAbs, September 20, 2010 from 9 a.m. until 1 toxins thus providing cytotoxic delivery antibody-drug conjugates, p.m. Eastern Daylight Time (e.d.t.). to malignant B-cells and not normal radioimmunoconjugates, bispecific Deadline for Meeting Registration and cells. Additionally, these antibodies can antibodies, and other therapeutic or Request for Special Accommodations: be fused to radioisotopes and can be diagnostic modalities. Please contact Registration opens on August 27, 2010. used to diagnose B–CLL and MCL John D. Hewes, Ph.D. at 301–435–3121 Registration must be completed by 5 malignancies. or [email protected] for more p.m. e.d.t. on September 16, 2010. Applications: information. Requests for special accommodations

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must be received by 5 p.m. e.d.t. on efficiency, effectiveness, and resource comment and receiving comments on September 16, 2010. use. These data will be standardized design and policy options in four topic Deadline for Submission of Written extracts of Medicare Parts A, B, and D areas—(1) Eligibility criteria and the Comments or Statements: Written claims data for one or more specified application process for qualified comments or statements may be sent via geographic areas and time periods entities; (2) definition and selection of mail, fax, or electronically to the requested by a qualified entity. This quality and performance measures; (3) address specified in the ADDRESSES provision specifies that the Secretary data extraction and distribution process; section of this notice and must be shall take such actions as deemed and (4) data privacy and security received by 5 p.m. e.d.t. on September necessary to protect the identity of requirements, including oversight. The 27, 2010. individual beneficiaries. The data shall agenda will provide opportunities for ADDRESSES: Meeting Location: The be made available to qualified entities at brief two-minute comments from on-site listening session will be held in the a fee equal to the cost of making such session attendees regarding the main auditorium of the Central Building data available. questions for comment and design and of the Centers for Medicare & Medicaid Section 1874 of the Act states that a policy options. As time allows, Services, 7500 Security Boulevard, qualified entity requesting data under telephone participants will also have Baltimore, MD 21244–1850. this subsection must: the opportunity to provide brief two- Registration and Special • Submit a description of the minute comments. The meeting will Accommodations: Persons interested in methodologies it will use to evaluate the conclude by 1 p.m. with brief comments attending the meeting or participating performance of providers and suppliers; on our next steps. The opinions and • by teleconference must register by Use standard/endorsed measures, or alternatives provided during this completing the on-line registration via alternative measures if the Secretary so meeting will assist us as we develop determines; requirements for this program. We the CMS Web site at http:// • www.cms.gov. Individuals who require Include data made available under anticipate posting background materials special accommodations should send an this subsection with claims data from and the questions for comment on the e-mail request to other sources in the evaluation of CMS Web site at http://www.cms.gov/ [email protected] or by performance of providers of services approximately two weeks before the regular mail to Colleen Bruce at the and suppliers; session. • Only use data made available, and address specified in the FOR FURTHER information derived from an evaluation III. Registration Instructions INFORMATION CONTACT section of this of the performance of providers and notice. For security reasons, any persons suppliers, for the reports required by wishing to attend this meeting must FOR FURTHER INFORMATION CONTACT: For this provision; register by the date listed in the DATES further information regarding the • Include in the reports an section of this notice. Persons interested September 20, 2010 listening session understandable description of the in attending the meeting or participating contact Colleen Bruce at (410) 786– measures, risk adjustment methods, by teleconference must register by 5529. You may also send inquiries about physician attribution methods, other completing the on-line registration via this listening session by e-mail to applicable methods, and data the designated Web site at http:// [email protected] or by regular specifications and limitations; www.cms.gov. The on-line registration mail at Centers for Medicare & Medicaid • Receive prior review by the system will generate a confirmation Services, Mail Stop C5–19–16, 7500 Secretary of the format of proposed page to indicate the completion of your Security Boulevard, Baltimore, MD reports; registration. Participants should print • 21244–1850. Make the information available this page as his or her registration All persons planning to make a confidentially, to any provider or receipt. statement in person at the listening supplier prior to the public release of Individuals may also participate in session are encouraged to submit such report; and the listening session by teleconference. • statements in writing at the listening Only include information on a Registration is required as the number of session and should subsequently submit provider of services or supplier in call-in lines will be limited. The call-in the information electronically by the aggregate form. number will be provided upon timeframe specified in the DATES section This section must be implemented by confirmation of registration. of this notice. January 1, 2012. An audio download and transcript of I. Background II. Listening Session Format the listening session will be available within two weeks after completion of Section 10332 of the Patient The listening session will be held on the listening session through the CMS Protection and Affordable Care Act (the September 20, 2010. Employers, health Web site at http://www.cms.gov. Affordable Care Act) adds a new plans and their representatives, measure subsection to section 1874 of the Social developers, health care providers and IV. Security, Building, and Parking Security Act (the Act), which requires professionals, professional associations, Guidelines that the Secretary of the Department of consumer organizations, community This meeting will be held in a Federal Health and Human Services (the representatives, and other interested government building; therefore, Federal Secretary) to make data available to stakeholders are invited to participate, security measures are applicable. In qualified entities for the evaluation of in person or by teleconference. The planning your arrival time, we the performance of providers of services session will begin at 9:00 a.m. e.d.t. recommend allowing additional time to and suppliers by January 1, 2012. A with an overview of the objectives for clear security. The on-site check-in for qualified entity is a public or private the session and a brief summary of the visitors will begin at 8:15 a.m. e.d.t. We entity that meets qualifications requirements of section 10332 of the recommend that participants allow established by the Secretary and that Affordable Care Act. Beginning at sufficient time to complete security proposes to use claims data to evaluate approximately 9:30 a.m. e.d.t., the checkpoints. the performance of providers of services remainder of the meeting will be Security measures include the and suppliers on measures of quality, devoted to presenting the questions for following:

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• Presentation of government-issued individuals associated with the grant rm. 2417, Silver Spring, MD 20993– photographic identification to the applications, the disclosure of which 0002, 301–796–9001, FAX: 301–847– Federal Protective Service or Guard would constitute a clearly unwarranted 8540, email: [email protected], or Service personnel. invasion of personal privacy. FDA Advisory Committee Information • Interior and exterior inspection of Name of Committee: National Eye Institute Line, 1–800–741–8138 (301–443–0572 vehicles (this includes engine and trunk Special Emphasis Panel, NEI Institutional in the Washington, DC area), code inspection) at the entrance to the Training Grant Applications II. 3014512533. Please call the Information grounds. Parking permits and Date: September 1, 2010. Line for up-to-date information on this instructions will be issued after the Time: 12:30 p.m. to 1:30 p.m. meeting. A notice in the Federal vehicle inspection. Agenda: To review and evaluate grant Register about last minute modifications • Passing through a metal detector applications. that impact a previously announced and inspection of items brought into the Place: National Institutes of Health, NEI, advisory committee meeting cannot building. We note that all items brought 5635 Fishers Lane, Rockville, MD 20892. always be published quickly enough to (Telephone Conference Call) provide timely notice. Therefore, you to CMS, whether personal or for the Contact Person: Anne E. Schaffner, PhD, purpose of demonstration or to support Scientific Review Officer, Division of should always check the agency’s Web a demonstration, are subject to Extramural Research, National Eye Institute, site and call the appropriate advisory inspection. National Institutes of Health, 5635 Fishers committee hot line/phone line to learn We cannot assume responsibility for Lane, Suite 1300, MSC 9300, 301–451–2020, about possible modifications before coordinating the receipt, transfer, [email protected]. coming to the meeting. transport, storage, set-up, safety, or This notice is being published less than 15 Agenda: The committee will discuss timely arrival of any personal days prior to the meeting due to the timing new drug application (NDA) 22–512, belongings or items used for limitations imposed by the review and dabigatran etexilate mesylate capsules, demonstration or to support a funding cycle. sponsored by Boehringer Ingelheim demonstration. (Catalogue of Federal Domestic Assistance Pharmaceuticals, Inc., for the proposed We note that individuals who are not Program Nos. 93.867, Vision Research, indication of prevention of stroke in registered in advance will not be National Institutes of Health, HHS) patients with atrial fibrillation permitted to enter the building and will Dated: August 23, 2010. (abnormally rapid contractions of the be unable to attend the meeting. The Jennifer Spaeth, atria, the upper chambers of the heart). public may not enter the building earlier Director, Office of Federal Advisory FDA intends to make background than 45 minutes prior to the convening Committee Policy. material available to the public no later of the meeting. All visitors must be [FR Doc. 2010–21346 Filed 8–26–10; 8:45 am] than 2 business days before the meeting. escorted in areas other than the lower BILLING CODE 4140–01–P If FDA is unable to post the background and first floor levels in the Central material on its Web site prior to the Building. Seating capacity is limited to meeting, the background material will the first 250 registrants. DEPARTMENT OF HEALTH AND be made publicly available at the HUMAN SERVICES location of the advisory committee (Catalog of Federal Domestic Assistance meeting, and the background material Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Food and Drug Administration will be posted on FDA’s Web site after the meeting. Background material is Medicare—Supplementary Medical [Docket No. FDA–2010–N–0001] Insurance Program) available at http://www.fda.gov/ AdvisoryCommittees/Calendar/ Dated: August 18, 2010. Cardiovascular and Renal Drugs Advisory Committee; Notice of Meeting default.htm. Scroll down to the Donald M. Berwick, appropriate advisory committee link. Administrator, Centers for Medicare & AGENCY: Food and Drug Administration, Procedure: Interested persons may Medicaid Services. HHS. present data, information, or views, [FR Doc. 2010–21369 Filed 8–26–10; 8:45 am] ACTION: Notice. orally or in writing, on issues pending BILLING CODE P before the committee. Written This notice announces a forthcoming submissions may be made to the contact meeting of a public advisory committee person on or before September 8, 2010. DEPARTMENT OF HEALTH AND of the Food and Drug Administration Oral presentations from the public will HUMAN SERVICES (FDA). The meeting will be open to the be scheduled between approximately 1 public. p.m. and 2 p.m. Those desiring to make National Institutes of Health Name of Committee: Cardiovascular formal oral presentations should notify National Eye Institute; Notice of Closed and Renal Drugs Advisory Committee. the contact person and submit a brief Meeting General Function of the Committee: statement of the general nature of the To provide advice and evidence or arguments they wish to Pursuant to section 10(d) of the recommendations to the agency on present, the names and addresses of Federal Advisory Committee Act, as FDA’s regulatory issues. proposed participants, and an amended (5 U.S.C. App.), notice is Date and Time: The meeting will be indication of the approximate time hereby given of the following meeting. held on September 20, 2010, from 8 a.m. requested to make their presentation on The meeting will be closed to the to 5 p.m. or before August 30, 2010. Time allotted public in accordance with the Location: Hilton Washington DC/ for each presentation may be limited. If provisions set forth in sections Silver Spring, The Ballrooms, 8727 the number of registrants requesting to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Colesville Rd., Silver Spring, MD. The speak is greater than can be reasonably as amended. The grant applications and hotel phone number is 301–589–5200. accommodated during the scheduled the discussions could disclose Contact Person: Anuja Patel, Center open public hearing session, FDA may confidential trade secrets or commercial for Drug Evaluation and Research, Food conduct a lottery to determine the property such as patentable material, and Drug Administration, 10903 New speakers for the scheduled open public and personal information concerning Hampshire Ave., White Oak Bldg. 32, hearing session. The contact person will

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notify interested persons regarding their Name of Committee: National Advisory Dated: August 23, 2010. request to speak by August 31, 2010. Child Health and Human Development Jennifer S. Spaeth, Persons attending FDA’s advisory Council. Director, Office of Federal Advisory committee meetings are advised that the Date: September 20, 2010. Committee Policy. Open: 8 a.m. to 12:20 p.m. agency is not responsible for providing [FR Doc. 2010–21360 Filed 8–26–10; 8:45 am] Agenda: (1) A report by the Director, access to electrical outlets. BILLING CODE 4140–01–P FDA welcomes the attendance of the NICHD; (2) Developmental Biology, Genetics public at its advisory committee and Teratology Presentation; (3) a discussion meetings and will make every effort to on the planning of the NICHD Science Vision; and other business of the Council. DEPARTMENT OF HEALTH AND accommodate persons with physical Place: National Institutes of Health, HUMAN SERVICES disabilities or special needs. If you Building 31, 31 Center Drive, C–Wing, require special accommodations due to Conference Room 6, Bethesda, MD 20892. National Institutes of Health a disability, please contact Anuja Patel Closed: 12:20 p.m. to 5 p.m. National Institute of Diabetes and at least 7 days in advance of the Agenda: To review and evaluate grant meeting. applications and/or proposals. Digestive and Kidney Diseases; Notice FDA is committed to the orderly Place: National Institutes of Health, of Closed Meeting conduct of its advisory committee Building 31, 31 Center Drive, C–Wing, Pursuant to section 10(d) of the meetings. Please visit our Web site at Conference Room 6, Bethesda, MD 20892. Federal Advisory Committee Act, as http://www.fda.gov/Advisory Contact Person: Yvonne T. Maddox, PhD, amended (5 U.S.C. App.), notice is Committees/AboutAdvisoryCommittees/ Deputy Director, National Institute of Child hereby given of a meeting of the Board ucm111462.htm for procedures on Health and Human Development, NIH, 9000 Rockville Pike, MSC 7510, Building 31, of Scientific Counselors, NIDDK. public conduct during advisory The meeting will be closed to the committee meetings. Room 2A03, Bethesda, MD 20892, (301) 496– 1848. public as indicated below in accordance Dated: August 24, 2010. with the provisions set forth in section Any interested person may file written 552b(c)(6), Title 5 U.S.C., as amended Jill Hartzler Warner, comments with the committee by forwarding Acting Associate Commissioner for Special the statement to the Contact Person listed on for the review, discussion, and Medical Programs. this notice. The statement should include the evaluation of individual intramural [FR Doc. 2010–21383 Filed 8–26–10; 8:45 am] name, address, telephone number and when programs and projects conducted by the BILLING CODE 4160–01–S applicable, the business or professional National Institute of Diabetes and affiliation of the interested person. Digestive and Kidney Diseases, In the interest of security, NIH has including consideration of personnel DEPARTMENT OF HEALTH AND instituted stringent procedures for entrance qualifications and performance, and the HUMAN SERVICES onto the NIH campus. All visitor vehicles, competence of individual investigators, including taxis, hotel, and airport shuttles the disclosure of which would National Institutes of Health will be inspected before being allowed on constitute a clearly unwarranted campus. Visitors will be asked to show one invasion of personal privacy. Eunice Kennedy Shriver National form of identification (for example, a Institute of Child Health & Human government-issued photo ID, driver’s license, Name of Committee: Board of Scientific Counselors, NIDDK. Development; Notice of Meeting or passport) and to state the purpose of their Date: October 14–15, 2010. visit. Time: October 14, 2010, 8:15 a.m. to 3 p.m. Pursuant to section 10(d) of the Information is also available on the Agenda: To review and evaluate personal Federal Advisory Committee Act, as Institute’s/Center’s home page: http:// amended (5 U.S.C. App.), notice is qualifications and performance, and www.nichd.nih.gov/about/nachhd.htm, competence of individual investigators. hereby given of a meeting of the where an agenda and any additional Place: National Institutes of Health, National Advisory Child Health and information for the meeting will be posted Building 10, 10 Center Drive, Conference Human Development Council. when available. Room 9S235, Bethesda, MD 20892. The meeting will be open to the In order to facilitate public attendance at Time: October 15, 2010, 8:15 a.m. to 4 p.m. public, with attendance limited to space the open session of Council, reserve seating Agenda: To review and evaluate personal available. Individuals who plan to will be made available to the first five qualifications and performance, and attend and need special assistance, such individuals reserving seats in the main competence of individual investigators. as sign language interpretation or other meeting room, Conference Room 6. Please Place: National Institutes of Health, reasonable accommodations, should contact Ms. Lisa Kaeser, Program and Public Building 10, 10 Center Drive, Conference Liaison Office, NICHD, at 301–496–0536 to notify the Contact Person listed below Room 9S235, Bethesda, MD 20892. make your reservation. Additional seating Contact Person: IRA W. LEVIN, PhD, in advance of the meeting. will be available in the meeting overflow Director, Division of Intramural Research, The meeting will be closed to the rooms, Conference Rooms 7 and 8. National Institute of Diabetes and Digestive public in accordance with the Individuals will also be able to view the and Kidney Diseases, NIH, Bethesda, MD provisions set forth in sections meeting via NIH Videocast. Please go to the 20892, 301–496–6844, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., following link for Videocast access Any interested person may file written as amended. The grant applications instructions at: http://www.nichd.nih.gov/ comments with the committee by forwarding and/or contract proposals and the about/overview/advisory/nachhd/virtual- the statement to the Contact Person listed on discussions could disclose confidential meeting-201010.cfm. The meeting is partially this notice. The statement should include the trade secrets or commercial property closed to the public. name, address, telephone number and when such as patentable material, and applicable, the business or professional (Catalogue of Federal Domestic Assistance personal information concerning affiliation of the interested person. Program Nos. 93.864, Population Research; In the interest of security, NIH has individuals associated with the grant 93.865, Research for Mothers and Children; instituted stringent procedures for entrance applications and/or contract proposals, 93.929, Center for Medical Rehabilitation onto the NIH campus. All visitor vehicles, the disclosure of which would Research; 93.209, Contraception and including taxicabs, hotel, and airport shuttles constitute a clearly unwarranted Infertility Loan Repayment program, National will be inspected before being allowed on invasion of personal privacy. Institutes of Health, HHS) campus. Visitors will be asked to show one

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form of identification (for example, a Scientific Review, National Institutes of Place: Embassy Suites at the Chevy Chase government-issued photo ID, driver’s license, Health, 6701 Rockledge Drive, Room 5186, Pavilion, 4300 Military Road, NW., or passport) and to state the purpose of their MSC 7846, Bethesda, MD 20892. (301) 435– Washington, DC 20015. visit. 1252. [email protected]. Contact Person: Edwin C Clayton, PhD, (Catalogue of Federal Domestic Assistance Name of Committee: Oncology 2— Scientific Review Officer, Center for Program Nos. 93.847, Diabetes, Translational Clinical Integrated Review Scientific Review, National Institutes of Endocrinology and Metabolic Research; Group, Drug Discovery and Molecular Health, 6701 Rockledge Drive, Room 5180, 93.848, Digestive Diseases and Nutrition Pharmacology Study Section. MSC 7844, Bethesda, MD 20892. 301–408– Research; 93.849, Kidney Diseases, Urology Date: September 27–28, 2010. 9041. [email protected]. and Hematology Research, National Institutes Time: 8 a.m. to 5 p.m. Name of Committee: Integrative, of Health, HHS) Agenda: To review and evaluate grant Functional and Cognitive Neuroscience Dated: August 23, 2010. applications. Integrated Review Group, Central Visual Place: Embassy Suites at the Chevy Chase Processing Study Section. Jennifer S. Spaeth, Pavilion, 4300 Military Road, NW., Date: October 6, 2010. Director, Office of Federal Advisory Washington, DC 20015. Time: 8 a.m. to 5 p.m. Committee Policy. Contact Person: Hungyi Shau, PhD, Agenda: To review and evaluate grant [FR Doc. 2010–21362 Filed 8–26–10; 8:45 am] Scientific Review Officer, Center for applications. BILLING CODE 4140–01–P Scientific Review, National Institutes of Place: Doubletree Hotel Bethesda, 8120 Health, 6701 Rockledge Drive, Room 6214, Wisconsin Avenue, Bethesda, MD 20814. MSC 7804, Bethesda, MD 20892. 301–435– Contact Person: John Bishop, PhD, DEPARTMENT OF HEALTH AND 1720. [email protected]. Scientific Review Officer, Center for HUMAN SERVICES Name of Committee: Surgical Sciences, Scientific Review, National Institutes of Biomedical Imaging and Bioengineering Health, 6701 Rockledge Drive, Room 5182, National Institutes of Health Integrated Review Group, Biomedical MSC 7844, Bethesda, MD 20892. (301) 408– Imaging Technology Study Section. 9664. [email protected]. Center for Scientific Review; Notice of Date: October 4–5, 2010. Name of Committee: Integrative, Closed Meetings Time: 8 a.m. to 5 p.m. Functional and Cognitive Neuroscience Agenda: To review and evaluate grant Integrated Review Group, Auditory System Pursuant to section 10(d) of the applications. Study Section. Federal Advisory Committee Act, as Place: Hilton Washington/Rockville, 1750 Date: October 6–7, 2010. amended (5 U.S.C. App.), notice is Rockville Pike, Rockville, MD 20852. Time: 8 a.m. to 3 p.m. hereby given of the following meetings. Contact Person: Lee Rosen, PhD, Scientific Agenda: To review and evaluate grant The meetings will be closed to the Review Officer, Center for Scientific Review, applications. National Institutes of Health, 6701 Rockledge Place: Doubletree Hotel Bethesda, 8120 public in accordance with the Drive, Room 5116, MSC 7854, Bethesda, MD Wisconsin Avenue, Bethesda, MD 20814. provisions set forth in sections 20892. (301) 435–1171. [email protected]. Contact Person: Lynn E Luethke, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: Endocrinology, Scientific Review Officer, Center for as amended. The grant applications and Metabolism, Nutrition and Reproductive Scientific Review, National Institutes of the discussions could disclose Sciences Integrated Review Group, Molecular Health, 6701 Rockledge Drive, Room 5166, confidential trade secrets or commercial and Cellular Endocrinology Study Section. MSC 7844, Bethesda, MD 20892. (301) 806– property such as patentable material, Date: October 6, 2010. 3323. [email protected]. and personal information concerning Time: 7 a.m. to 6 p.m. Name of Committee: Infectious Diseases individuals associated with the grant Agenda: To review and evaluate grant and Microbiology Integrated Review Group, applications, the disclosure of which applications. Vector Biology Study Section. would constitute a clearly unwarranted Place: Sheraton Bellevue Hotel, 100 112th Date: October 6, 2010. Avenue, NE., Bellevue, WA 98004. invasion of personal privacy. Time: 8 a.m. to 6:30 p.m. Contact Person: Robert Garofalo, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel, Member Scientific Review, National Institute of Place: One Washington Circle Hotel, One Conflict: Topics in Aging. Health, 6701 Rockledge Drive, Room 6156, Washington Circle, NW., Washington, DC Date: September 23, 2010. MSC 7892, Bethesda, MD 20892. 301–435– 20037. Time: 1 p.m. to 3 p.m. 1043. [email protected]. Contact Person: Liangbiao Zheng, PhD, Agenda: To review and evaluate grant Name of Committee: Population Sciences Scientific Review Officer, Center for applications. and Epidemiology Integrated Review Group, Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Epidemiology of Cancer Study Section. Health, 6701 Rockledge Drive, Room 3214, Rockledge Drive, Bethesda, MD 20892. Date: October 6–7, 2010. MSC 7808, Bethesda, MD 20892. 301–402– (Telephone Conference Call.) Time: 7:30 a.m. to 3 p.m. 5671. [email protected]. Contact Person: John Burch, PhD, Agenda: To review and evaluate grant Name of Committee: Cardiovascular and Scientific Review Officer, Center for applications. Scientific Review, National Institute of Respiratory Sciences Integrated Review Place: Avenue Hotel Chicago, 160 E. Huron Group, Lung Cellular, Molecular, and Health, 6701 Rockledge Drive, Room 3213, Street, Chicago, IL 60611. MSC 7808, Bethesda, MD 20892. 301–408– Immunobiology Study Section. 9519. [email protected]. Contact Person: Denise Wiesch, PhD, Date: October 6–7, 2010. Scientific Review Officer, Center for Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 3150, applications. Neurological, Neuroimmune Disorders and MSC 7770, Bethesda, MD 20892. (301) 435– Place: The Westin St. Francis, 335 Powell Plasticity. Date: September 27–28, 2010. 0684. [email protected]. Street, San Francisco, CA 94102. Time: 8 a.m. to 5 p.m. Name of Committee: Integrative, Contact Person: George M. Barnas, PhD, Agenda: To review and evaluate grant Functional and Cognitive Neuroscience Scientific Review Officer, Center for applications. Integrated Review Group, Neurobiology of Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Motivated Behavior Study Section. Health, 6701 Rockledge Drive, Room 2180, Rockledge Drive, Bethesda, MD 20892. Date: October 6, 2010. MSC 7818, Bethesda, MD 20892. 301–435– (Virtual Meeting.) Time: 8 a.m. to 5 p.m. 0696. [email protected]. Contact Person: Julius Cinque, MS, Agenda: To review and evaluate grant Name of Committee: Digestive, Kidney and Scientific Review Officer, Center for applications. Urological Systems Integrated Review Group,

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Xenobiotic and Nutrient Disposition and Scientific Review, National Institutes of types of information, developed by Action Study Section. Health, 6701 Rockledge Drive, Room 5170, different sources that may be Date: October 6, 2010. MSC 7840, Bethesda, MD 20892. 301–435– duplicative, incomplete, or difficult to Time: 8 a.m. to 6 p.m. 2406. [email protected]. read and understand. FDA has Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. determined that the current system is Program Nos. 93.306, Comparative Medicine; not adequate to ensure that patients Place: Hyatt Regency Bethesda, One 93.333, Clinical Research, 93.306, 93.333, Bethesda Metro Center, 7400 Wisconsin 93.337, 93.393–93.396, 93.837–93.844, receive the essential medication Avenue, Bethesda, MD 20814. 93.846–93.878, 93.892, 93.893, National information that is needed to use the Contact Person: Patricia Greenwel, PhD, Institutes of Health, HHS) drug safely. Based on recommendations Scientific Review Officer, Center for from FDA’s Risk Communication Dated: August 23, 2010. Scientific Review, National Institutes of Advisory Committee (RCAC) and other Health, 6701 Rockledge Drive, Room 2172, Jennifer S. Spaeth, stakeholder input, FDA sees merit in MSC 7818, Bethesda, MD 20892. 301–435– Director, Office of Federal Advisory adopting use of a single document that 1169. [email protected]. Committee Policy. is standardized with respect to content Name of Committee: Cardiovascular and [FR Doc. 2010–21357 Filed 8–26–10; 8:45 am] and format. The purpose of this hearing Respiratory Sciences Integrated Review BILLING CODE 4140–01–P is to solicit public input on processes Group, Myocardial Ischemia and Metabolism Study Section. and procedures for standardizing PMI Date: October 6–7, 2010. using a quality system approach for DEPARTMENT OF HEALTH AND monitoring development and Time: 8 a.m. to 5 p.m. HUMAN SERVICES Agenda: To review and evaluate grant distribution of PMI. applications. National Institutes of Health DATES: The public hearing will be held Place: The Westin St. Francis, 335 Powell on September 27 and 28, 2010, from Street, San Francisco, CA 94102. Center for Scientific Review; Amended 8:30 a.m. to 4:30 p.m. Registration Contact Person: Joseph Thomas Peterson, requests and requests to present at the PhD, Scientific Review Officer, Center for Notice of Meeting Scientific Review, National Institutes of public hearing should be received by Notice is hereby given of a change in September 13, 2010 (see section III of Health, 6701 Rockledge Drive, Room 4118, the meeting of the Molecular Genetics B MSC 7814, Bethesda, MD 20892. 301–443– this document for details). Electronic or 8130. [email protected]. Study Section, October 3, 2010, 7 p.m. written comments will be accepted after to October 4, 2010, 8 a.m., The Fairmont Name of Committee: Bioengineering the public hearing until October 29, Sciences & Technologies Integrated Review Hotel, 950 Mason Street, San Francisco, 2010 (see section V of this document for Group, Gene and Drug Delivery Systems CA 94108 which was published in the details). Study Section. Federal Register on August 19, 2010, 75 ADDRESSES: The public hearing will be Date: October 6–7, 2010. FR 51277–51278. held at FDA’s White Oak Campus, The meeting will be held October 4, Time: 8 a.m. to 5 p.m. 10903 New Hampshire Ave., Bldg. 31, Agenda: To review and evaluate grant 2010, 7 p.m. to October 5, 2010, 6 p.m. rm. 1503, Silver Spring, MD 20993. To applications. The meeting location remains the same. register for the public hearing, email Place: Hotel Nikko San Francisco, 222 The meeting is closed to the public. Mason Street, San Francisco, CA 94102. your registration information to Contact Person: Amy L Rubinstein, PhD, Dated: August 19, 2010. [email protected]. See Scientific Review Officer, Center for Jennifer S. Spaeth, section III of this document for Scientific Review, National Institutes of Director, Office of Federal Advisory registration details. Submit electronic Health, 6701 Rockledge Drive, Room 5152, Committee Policy. comments to http:// MSC 7844, Bethesda, MD 20892. 301–408– [FR Doc. 2010–21352 Filed 8–26–10; 8:45 am] www.regulations.gov. Submit written 9754. [email protected]. BILLING CODE 4140–01–P comments to the Division of Dockets Name of Committee: Cell Biology Management (HFA–305), Food and Drug Integrated Review Group, Molecular and Administration, 5630 Fishers Lane, rm. Integrative Signal Transduction Study DEPARTMENT OF HEALTH AND 1061, Rockville, MD 20852. Identify Section. HUMAN SERVICES Date: October 6–7, 2010. comments with the docket number found in brackets in the heading of this Time: 8 a.m. to 5:30 p.m. Food and Drug Administration Agenda: To review and evaluate grant document. applications. [Docket No. FDA–2010–N–0437] FOR FURTHER INFORMATION CONTACT: Place: Sir Francis Drake Hotel, 450 Powell Denise Hinton, Center for Drug Street at Sutter, San Francisco, CA 94102. Development and Distribution of Evaluation and Research, Food and Contact Person: Raya Mandler, PhD, Patient Medication Information for Drug Administration, 10903 New Scientific Review Officer, Center for Prescription Drugs; Public Hearing Scientific Review, National Institutes of Hampshire Ave., Bldg. 51, rm. 6348, Health, 6701 Rockledge Drive, Room 5134, AGENCY: Food and Drug Administration, Silver Spring, MD 20993, 301–796– MSC 7840, Bethesda, MD 20892. (301) 402– HHS. 1090, FAX: 301–847–3529, email: [email protected]. 8228. [email protected]. ACTION: Notice of public hearing; Name of Committee: Center for Scientific request for comment. SUPPLEMENTARY INFORMATION: Review Special Emphasis Panel, Small Business: Neuroscience Education. SUMMARY: The Food and Drug I. Background Date: October 6–7, 2010. Administration (FDA) is announcing a Ensuring that patients who are Time: 8:30 a.m. to 5 p.m. 2-day public hearing to obtain input on prescribed medical products have Agenda: To review and evaluate grant a new framework for development and access to quality information about applications. Place: National Institutes of Health, 6701 distribution of patient medication those products is an important Rockledge Drive, Bethesda, MD 20892. information (PMI) to be provided to component of medical product safety. (Virtual Meeting.) patients who are prescribed drug Currently, patients receive multiple Contact Person: Jonathan Arias, PhD, products. Under the current system, types of written prescription drug Scientific Review Officer, Center for patients may receive several different information in varying formats, which

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complicates information accessibility ensure that the PMI reaches its target information to identify and assess the and comprehension. The types of audience. This public hearing is development of format and content written prescription drug information intended to focus primarily on issues 2 standards for PMI as a standard, single include: and 3, and related issues, while the first document. With input from the • Consumer Medication Information issue is being addressed separately, as following sources FDA has developed (CMI) is written information about discussed in the following paragraphs. three draft PMI prototypes to be used in prescription drugs developed by There are two key limitations that consumer testing: organizations or individuals other than underpin FDA’s expectations for how (1) FDA’s RCAC meeting (Ref. 3); a drug manufacturer that is intended for improvements in providing patient (2) a public workshop held on distribution to consumers at the time of information might be structured. First, September 24 and 25, 2009 (available at drug dispensing. The information is not although one approach could include http://www.fda.gov/Drugs/NewsEvents/ FDA reviewed or approved and is FDA review and approval of all PMI ucm168106.htm); and voluntarily distributed by pharmacies to prior to distribution, FDA recognizes (3) an expert panel meeting convened consumers (Ref. 1). that this may not be feasible given by the Brookings Institute on July 21, • A Patient Package Insert (PPI) is FDA’s resource constraints and the 2010 (available at http:// patient labeling that is part of the FDA- potential volume of products that will www.brookings.edu/events/2010/ approved prescription drug labeling. require PMI (perhaps as many 22,000 if 0721_CMI.aspx),1 PPIs are developed by the manufacturer, counting all innovator and generic Based on public comment (75 FR 23775, approved by FDA, and are required to products). Second, based on FDA’s May 4, 2010) and expert panel input, be dispensed with specific products or compliance and enforcement experience FDA is also finalizing the design of the classes of products (i.e., oral in a variety of program areas, including consumer testing study for the contraceptives and estrogen-containing professional labeling, manufacturing, prototypes (available on the Internet at products). Other PPIs are submitted to and clinical trials, FDA recognizes that http://edocket.access.gpo.gov/2010/pdf/ FDA voluntarily by the manufacturer relying primarily or exclusively on 2010-10359.pdf). Consumer testing will and approved by FDA, but their retrospective Agency evaluations and begin when the final study design is distribution is not mandated. inspections may not be an optimal approved by the Office of Management • A Medication Guide is also patient approach to providing assurance that and Budget. The results of this study labeling that is part of the FDA- PMI meets format and content standards will inform FDA of the usefulness and approved prescription drug labeling. prior to distribution to patients. For parameters of various format options for Medication Guides are required for these reasons, FDA is interested in patient information documents. FDA is certain drugs ‘‘that pose a serious and exploring an approach centered on interested in any formal research significant public health concern’’ (see effective processes for PMI development conducted on this topic and encourages 21 CFR part 208). Medication Guides are and distribution and process controls submission to this docket. See section developed by the manufacturer, for a PMI implementation program. III of this document for details on how approved by FDA, and are required to With a system in place that assures high be given to patients each time the to register and or participate in the quality PMI, FDA believes that meeting. See section V of this document medication is dispensed. development of PMI by the By objective measures, current for details on how to post comments to manufacturer would be more efficient the docket. systems for providing high quality, and fulfill the information needs of easily accessible prescription patients. II. Scope of the Hearing medication information to patients have Such an approach for PMI would FDA is particularly interested in failed. For example, an evaluation of provide manufacturers with a quality seeking input on the following issues: CMI in 2008 showed that while 94 framework for developing, distributing, (1) How can we best ensure PMI percent of consumers receive CMI with and amending PMI and would facilitate quality and compliance with content new prescriptions, only 75 percent of continual improvement of PMI. FDA and format criteria? CMI received met even minimum envisions that this approach would • What are the elements that should be criteria for usefulness (Ref 2.). FDA provide assurance that manufacturers addressed with a quality system presented these concerns to the RCAC at have implemented the following: (1) approach, or other type of system, to a February 26 and 27, 2009 meeting. Effective procedures for developing PMI ensure PMI quality? That committee recommended that FDA that reflect quality standards for PMI • What functions and procedures adopt a standard, single document for content and format, for ensuring should be the responsibility of communicating essential information appropriate distribution, and for manufacturers (e.g., PMI development, about prescription drugs to replace CMI, ensuring PMI revision if necessary; (2) consumer testing, marketplace PPIs, and Medication Guides. FDA is mechanisms to monitor whether these surveillance)? engaged in a collaborative effort to procedures are being followed; and (3) • What functions and procedures explore this recommendation. mechanisms to implement process should be FDA’s responsibility (e.g., The major challenges in providing changes as needed. patients with quality prescription drug surveillance, audit, enforcement)? Because it will take a substantial • information are as follows: (1) amount of time to transition from the Are there a subset of products that Development of uniform, evidence- existing system to the use of a standard, should receive more regulatory scrutiny based content and format standards for single document for PMI, FDA is also than would be provided by an approach PMI, including that the PMI contains seeking public input on a potential that relies heavily on manufacturers the essential information about the drug, structure and challenges and solutions implementing and monitoring the and is accurate, balanced, for a step-wise transition to a new PMI adequacy of procedures for generating comprehensible, and accessible; (2) paradigm. PMI content (i.e., types of products for identification and assessment of As described in the explanation of 1 FDA has verified the Web site address, but FDA mechanisms to ensure that PMI meets major challenges earlier in this is not responsible for any subsequent changes to the these standards; and (3) identification document, FDA is also continuing its Web site after this document publishes in the and assessment of mechanisms to efforts and seeking additional Federal Register.

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which PMI should be prospectively the public hearing, email your (21 CFR part 15). The hearing will be reviewed and approved by FDA before registration to conducted by a presiding officer, who use)? If so, what categories of drugs [email protected]. will be accompanied by senior might be included in this subset? What Registration information should include management from the Office of the other approaches to ensuring quality registrant name, company or Commissioner, the Center for Drug should be considered for drugs in this organization, address, phone number, Evaluation and Research, and the Center subset? and email address. Because seating is for Biologics and Research. • At what time-point should limited, FDA may limit the numbers of Under § 15.30(f), the hearing is evaluation of the PMI be initiated and participants from each organization. informal and the rules of evidence do how often should it be repeated? Registrants will receive confirmation not apply. No participant may interrupt (2) What are the components of an once they have been accepted for the presentation of another participant. effective framework for ensuring patient participation in the workshop. Onsite Only the presiding officer and panel access to PMI? registration on the day of the hearing members may question any person • Who should be responsible for will be based on space availability on during or at the conclusion of each processes to ensure distribution of PMI? the day of the event starting at 7:30 a.m. • presentation. Public hearings under part What types of processes are needed If registration reaches maximum 15 are subject to FDA’s policy and to ensure distribution of PMI? For capacity, FDA will post a notice closing procedures for electronic media example, should there be a process or meeting registration for the hearing at coverage of FDA’s public administrative system to monitor patient receipt of http://www.fda.gov/Drugs/NewsEvents/ proceedings (part 10, subpart C (21 CFR PMI? ucm219716.htm. • part 10, subpart C)). Under § 10.205, How can we ensure adequate Individuals who wish to present at representatives of the electronic media distribution of PMI while minimizing the public hearing must register on or may be permitted, subject to certain disruption to health care delivery before September 13, 2010, through the limitations, to videotape, film, or processes (e.g., medical practice, email [email protected], otherwise record FDA’s public and state this intention on their notice pharmacy practice)? administrative proceedings, including • Are there situations where the of participation. An abstract of the presentations by participants. The distribution of PMI would not be presentation along with slides are due hearing will be transcribed as stipulated appropriate (e.g., for medications on September 17, 2010. You must in § 15.30(b) (see section VI of this administered by a health care provide complete contact information, document). To the extent that the professional in an inpatient or including name, title, affiliation, conditions for the hearing, as described outpatient setting, dialysis unit, address, email, and phone number. In in this notice, conflict with any oncology setting, or operating room)? section II of this document, FDA has provisions set out in part 15, this notice • Should there be a centralized included questions for comment. You acts as a waiver of those provisions as repository for all PMI? If so, how might should identify by number each a repository be implemented and question you wish to address in your specified in § 15.30(h). maintained to ensure the integrity and presentation, so that FDA can consider V. Comments sustainability of the repository? Are that in organizing the presentations. there relevant, existing systems that FDA will do its best to accommodate Regardless of attendance at the public could serve as a business model for a requests to speak, and will determine hearing, interested persons may submit central PMI repository? the amount of time allotted to each to the Division of Dockets Management (3) What approaches should be presenter and the approximate time that (see ADDRESSES) either electronic or considered to ensure that FDA can each oral presentation is scheduled to written comments. It is only necessary rapidly move from the current system to begin. An agenda will be available to send one set of comments. It is no a new PMI paradigm? approximately 1 week before the longer necessary to send two copies of • How might the existing framework hearing at http://www.fda.gov/Drugs/ mailed comments. Identify comments be phased if a new framework is phased NewsEvents/ucm219716.htm. with the docket number found in in? If you need special accommodations brackets in the heading of this • How should a new PMI system be because of disability, please contact document. To ensure consideration, applied to generic drugs? Denise Hinton (see FOR FURTHER submit comments by October 29, 2010. (4) What accommodations might be INFORMATION CONTACT) at least 7 days Received comments may be seen in the needed to ensure that PMI is accessible before the hearing. Division of Dockets Management to special populations (e.g., elderly, A live webcast of this hearing will be between 9 a.m. and 4 p.m., Monday children, those with low literacy, the viewable at https:// through Friday. visually impaired)? collaboration.fda.gov/p15d109272010/ VI. Transcripts on September 27 and https:// III. How to Register and/or Participate Please be advised that as soon as a in the Public Hearing collaboration.fda.gov/p15d209272010/ on September 28. If you have never transcript is available, it will be FDA is seeking input from a broad attended an Adobe® Acrobat® accessible at http:// group of stakeholders, including ConnectTM Pro meeting before, test your www.regulations.gov. It may be viewed interested prescribers, pharmacists, connection at https:// at the Division of Dockets Management other health care professionals, collaboration.fda.gov/common/help/en/ (HFA–305), Food and Drug consumers, pharmacies, CMI support/meeting_test.htm. For a quick Administration, 5630 Fishers Lane, rm. developers, publishers, industry, and overview, go to http://www.adobe.com/ 1061, Rockville, MD. A transcript will any other interested parties. FDA’s go/connectpro_overview. also be available in either hardcopy or Conference Center at the White Oak on CD–ROM, after submission of a Campus is a Federal facility with IV. Notice of Hearing Under Part 15 Freedom of Information request. Written security procedures and limited seating. The Commissioner of Food and Drugs requests are to be sent to Division of Attendance is free and will be on a first- is announcing that the public hearing Freedom of Information (HFI–35), Office come, first-served basis. To register for will be held in accordance with part 15 of Management Programs, Food and

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Drug Administration, 5600 Fishers approval of two new animal drug Programs Directorate, Office of Lane, rm. 6–30, Rockville, MD 20857. applications (NADAs) for use of Infrastructure Protection, Sector- dichlorophene and toluene deworming Specific Agency Executive Management VII. References capsules for cats and dogs. In a final Office (NPPD/SSA EMO), submits the 1. ‘‘Useful Written Consumer rule published elsewhere in this issue of following Information Collection Medication Information (CMI)’’ the Federal Register, FDA is amending Request (ICR) to the Office of published in July 2006, available on the the regulations to remove portions Management and Budget (OMB) for Internet at http://www.fda.gov/ reflecting approval of these NADAs. review and clearance in accordance downloads/Drugs/GuidanceCompliance DATES: Withdrawal of approval is with the Paperwork Reduction Act of RegulatoryInformation/Guidances/ effective September 7, 2010. 1995 (Pub. L. 104–13, 44 U.S.C. Chapter ucm080602.pdf. 35). 2. Kimberlin CL, Winterstein AG. FOR FURTHER INFORMATION CONTACT: John ‘‘Expert and Consumer Evaluation of Bartkowiak, Center for Veterinary DATES: Comments are encouraged and Consumer Medication Information— Medicine (HFV–212), Food and Drug will be accepted until October 26, 2010. 2008.’’ Final Report to FDA. November Administration, 7519 Standish Pl., This process is conducted in accordance 2008 available on the Internet at http:// Rockville, MD 20855, 240–276–9079; with 5 CFR 1320.1. email: [email protected]. www.fda.gov/downloads/AboutFDA/ ADDRESSES: Written comments and CentersOffices/CDER/ReportsBudgets/ SUPPLEMENTARY INFORMATION: Pegasus questions about this Information UCM163783.pdf. Laboratories, Inc., 8809 Ely Rd., Collection Request should be forwarded 3. FDA’s Risk Communication Pensacola, FL 32514 has requested that to the Department of Homeland Advisory Committee meeting, held on FDA withdraw approval of NADA 101– Security, NPPD/SSA EMO, Chemical February 26 and 27, 2009 (73 FR 74505, 497 for TINY TIGER (dichlorophene/ Sector-Specific Agency, 245 Murray December 8, 2008), available on the toluene) Worming Capsules, NADA Lane, SW., Mail Stop 0608, Washington, Internet at http://www.fda.gov/ 101–498 for LK (dichlorophene/toluene) DC 20528–0608. E-mailed requests downloads/AdvisoryCommittees/ Worming Capsules because they are no should go to Amy Graydon at CommitteesMeetingMaterials/ longer manufactured or marketed. [email protected]. Written RiskCommunication Therefore, under authority delegated comments should reach the contact AdvisoryCommittee/UCM152593.pdf. to the Commissioner of Food and Drugs person listed no later than October 26, 4. ‘‘Providing Effective Information to and redelegated to the Center for 2010. Comments must be identified by Consumers about Prescription Drug Veterinary Medicine, and in accordance DHS–2010–0071 and may be submitted Risks and Benefits—The Issues Paper’’ with § 514.116 Notice of withdrawal of by one of the following methods: from the 2009 public workshop approval of application (21 CFR • Federal eRulemaking Portal: http:// available on the Internet at http:// 514.116), notice is given that approval www.regulations.gov. www.fda.gov/downloads/Drugs/ of NADAs 101–497 and 101–498, and • E-mail: [email protected]. NewsEvents/UCM182799.pdf. all supplements and amendments 5. ‘‘Agency Information Collection Include the docket number in the thereto, is hereby withdrawn, effective subject line of the message. Activities; Proposed Collection; September 7, 2010. Comment Request; Experimental Study Instructions: All submissions received In a final rule published elsewhere in must include the words ‘‘Department of of Patient Information Prototypes,’’ this issue of the Federal Register, FDA available on the Internet at2 http:// Homeland Security’’ and the docket is amending the animal drug regulations number for this action. Comments edocket.access.gpo.gov/2010/pdf/2010- to reflect the withdrawal of approval of 10359.pdf received will be posted without these NADAs. alteration at http://www.regulations.gov, Dated: August 23, 2010. Dated: August 23, 2010. including any personal information Leslie Kux, Bernadette Dunham, provided. Acting Assistant Commissioner for Policy. Director, Center for Veterinary Medicine. SUPPLEMENTARY INFORMATION: The [FR Doc. 2010–21326 Filed 8–26–10; 8:45 am] [FR Doc. 2010–21295 Filed 8–26–10; 8:45 am] Chemical Sector-Specific Agency, BILLING CODE 4160–01–S BILLING CODE 4160–01–S within the DHS NPPD/SSA EMO, provides an on-line voluntary training DEPARTMENT OF HEALTH AND program to improve security in the HUMAN SERVICES DEPARTMENT OF HOMELAND chemical industry sector. Information is SECURITY automatically collected in a computer database as a result of individuals Food and Drug Administration [Docket No. DHS–2010–0071] engaging in the training. Explicit [Docket No. FDA–2010–N–0002] National Protection and Programs reporting or recordkeeping is not Withdrawal of Approval of New Animal Directorate; Agency Information required. The training is designed for Drug Applications; Dichlorophene and Collection Activities: Office of the general chemical facility employee. Toluene Capsules Infrastructure Protection; Chemical U.S. chemical industry direct Security Awareness Training Program employment is about 850,000 (2009 per AGENCY: Food and Drug Administration, the American Chemistry Council); HHS. AGENCY: National Protection and approximately 400,000 employees are ACTION: Notice. Programs Directorate, DHS. estimated as potential participants. ACTION: 60-Day notice and request for Estimated duration in the first year to SUMMARY: The Food and Drug comments. complete the registration, training, and Administration (FDA) is withdrawing survey is 60 minutes, and less if Extension of a Currently Approved individuals take refresher training in 2 FDA has verified the Web site address, but FDA Information Collection: 1670–0009. is not responsible for any subsequent changes to the succeeding years. Minimal participation Web site after this document publishes in the SUMMARY: The Department of Homeland data is collected as trainees complete Federal Register. Security, National Protection and the online exercises. Upon completion,

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a Certificate of Completion is generated Affected Public: Private Sector. and who are not able to attend or speak at the trainee’s computer work station, Number of Respondents: 400,000. at the meeting may submit comments at printed, and optionally e-mailed to a Estimated Time Per Respondent: .66 any time. All submissions must include facility supervisor. DHS will monitor hours. the Docket Number (DHS–2010–0060) program participation, success in Total Burden Hours: 264,000. and may be submitted by any one of the training, and basic distribution variables Total Burden Cost (capital/startup): following methods: submitted upon registration. Training $0. • Federal eRulemaking Portal: http:// information and survey responses Total Burden Cost (operating/ www.regulations.gov. Follow the gathered will be used for program maintaining): $10,560,000. instructions for submitting comments. review purposes only. Personally • E-mail: [email protected]. CSATP Survey identifiable information, such as the Include the Docket Number (DHS– trainee’s name when optionally entered Frequency: Annually. 2010–0060) in the subject line of the on the printable certificate, will not be Affected Public: Private Sector. message. stored in the system. In addition, e-mail Number of Respondents: 400,000. • Fax: (703) 483–2999. addresses and other contact information Estimated Time Per Respondent: .17 • Mail: Martha K. Landesberg, are not requested to complete the hours. Executive Director, Data Privacy and training. To protect privacy, users will Total Burden Hours: 68,000. Integrity Advisory Committee, be asked to create a generic user ID, Total Burden Cost (capital/startup): Department of Homeland Security, password, and password retrieval $0. Washington, DC 20528. question and answer. Total Burden Cost (operating/ Instructions: All submissions must The Office of Management and Budget maintaining): $2,720,000. include the words ‘‘Department of is particularly interested in comments Signed: August 18, 2010. Homeland Security Data Privacy and Integrity Advisory Committee’’ and the which: David Epperson, 1. Evaluate whether the proposed Docket Number (DHS–2010–0060). collection of information is necessary Acting Chief Information Officer, National Comments will be posted without Protection and Programs Directorate, for the proper performance of the Department of Homeland Security. alteration at http://www.regulations.gov, functions of the agency, including including any personal information [FR Doc. 2010–21373 Filed 8–26–10; 8:45 am] whether the information will have provided. practical utility; BILLING CODE 9110–9P–P Docket: For access to the docket to 2. Evaluate the accuracy of the read background documents or comments received by the DHS Data agency’s estimate of the burden of the DEPARTMENT OF HOMELAND Privacy and Integrity Advisory proposed collection of information, SECURITY including the validity of the Committee, go to http:// methodology and assumptions used; Office of the Secretary www.regulations.gov. 3. Enhance the quality, utility, and [Docket No. DHS–2010–0060] FOR FURTHER INFORMATION CONTACT: clarity of the information to be Martha K. Landesberg, Executive collected; and Director, DHS Data Privacy and Integrity 4. Minimize the burden of the DHS Data Privacy and Integrity Advisory Committee, Department of collection of information on those who Advisory Committee Homeland Security, Washington, DC are to respond, including through the AGENCY: Privacy Office, DHS. 20528, by telephone (703) 235–0780, by use of appropriate automated, ACTION: Notice of Federal Advisory fax (703) 235–0442, or by e-mail to electronic, mechanical, or other Committee meeting. [email protected]. technological collection techniques or other forms of information technology, SUMMARY: The DHS Data Privacy and SUPPLEMENTARY INFORMATION: Notice of e.g., permitting electronic submissions Integrity Advisory Committee will meet this meeting is given under the Federal of responses. on September 28, 2010, in Washington, Advisory Committee Act (FACA), 5 U.S.C. App. 2. During the meeting, the Analysis DC. The meeting will be open to the public. Chief Privacy Officer will provide the Agency: Department of Homeland DHS Data Privacy and Integrity Security, National Protection and DATES: The DHS Data Privacy and Advisory Committee an update on the Programs Directorate. Integrity Advisory Committee will meet activities of the DHS Privacy Office. In Title: Chemical Security Awareness on Tuesday, September 28, 2010, from support of the Committee’s ongoing Training Program (CSATP). 8:30 a.m. to 1 p.m. Please note that the advice to the Department on OMB Number: 1670–0009. meeting may end early if the Committee implementing privacy protections in has completed its business. CSATP Registration DHS operations, the Committee will ADDRESSES: The meeting will be held in also hear and discuss presentations on Frequency: Annually. the Carl Hayden Room, U.S. building accountability in the DHS Affected Public: Private Sector. Government Printing Office, 732 North privacy compliance assessment process, Number of Respondents: 400,000. Estimated Time Per Respondent: .17 Capitol Street, NW., 8th floor, on privacy training in DHS, and on DHS hours. Washington, DC 20401. Written Customs and Border Protection (CBP) Total Burden Hours: 68,000 annual materials, requests to make oral implementation of DHS privacy policy. burden hours. presentations, and requests to have a The agenda will be posted in advance of Total Burden Cost (capital/startup): copy of your materials distributed to the meeting on the Committee’s Web $0. each member of the Committee prior to site at http://www.dhs.gov/privacy. Total Burden Cost (operating/ the meeting should be sent to Martha K. Please note that the meeting may end maintaining): $2,720,000. Landesberg, Executive Director, DHS early if all business is completed. Data Privacy and Integrity Advisory If you wish to attend the meeting, CSATP Module Committee, by September 21, 2010. please plan to arrive by 8:15 a.m. to Frequency: Annually. Persons who wish to submit comments allow extra time to be processed through

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security, and bring a photo ID. The DHS provide for any purpose other than the comment on a proposed extension, Privacy Office encourages you to Principal Purposes, and will not share without change, of a currently approved register for the meeting in advance by this information within or outside the information collection. In accordance contacting Martha K. Landesberg, agency. In certain circumstances, DHS with the Paperwork Reduction Act of Executive Director, DHS Data Privacy may share this information on a case-by- 1995, this Notice seeks comments and Integrity Advisory Committee, at case basis as required by law or as concerning the collection of information [email protected]. Advance necessary for a specific purpose, as necessary to allow FEMA to support the registration is voluntary. The Privacy described in the DHS/ALL–002 Mailing needs of states during disaster situations Act Statement below explains how DHS and Other Lists System of Records through the use of other federal agency uses the registration information you Notice (November 25, 2008, 73 FR resources. may provide and how you may access 71659). DATES: Comments must be submitted on or correct information retained by DHS, Effects of Not Providing Information: or before October 26, 2010. if any. At the discretion of the Chair, You may choose not to provide the ADDRESSES: To avoid duplicate members of the public may make brief requested information or to provide submissions to the docket, please use (i.e., no more than three minutes) oral only some of the information DHS only one of the following means to presentations from 11:30 a.m. to 12 p.m. requests. If you choose not to provide submit comments: If you would like to make an oral some or all of the requested information, (1) Online. Submit comments at presentation at the meeting, we request DHS may not be able to contact you for http://www.regulations.gov under that you register in advance or sign up purposes related to the meeting. Docket ID FEMA–2010–0047. Follow on the day of the meeting. The names Accessing and Correcting the instructions for submitting and affiliations, if any, of individuals Information: If you are unable to access comments. who address the Committee are or correct this information by using the (2) Mail. Submit written comments to included in the public record of the method that you originally used to Docket Manager, Office of Chief meeting. If you wish to provide written submit it, you may direct your request Counsel, DHS/FEMA, 500 C Street, SW., materials to be distributed to each in writing to the DHS Deputy Chief Room 835, Washington, DC 20472– member of the Committee in advance of FOIA Officer at [email protected]. 3100. the meeting, please submit them, Additional instructions are available at (3) Facsimile. Submit comments to preferably in electronic form to facilitate http://www.dhs.gov/foia and in the (703) 483–2999. distribution, to Martha K. Landesberg, DHS/ALL–002 Mailing and Other Lists (4) E-mail. Submit comments to Executive Director, DHS Data Privacy System of Records referenced above. [email protected]. Include Docket and Integrity Advisory Committee, by Dated: August 23, 2010. ID FEMA–2010–0047 in the subject line. September 21, 2010. Mary Ellen Callahan, All submissions received must include the agency name and Docket ID. Information on Services for Individuals Chief Privacy Officer, Department of Regardless of the method used for With Disabilities Homeland Security. [FR Doc. 2010–21372 Filed 8–26–10; 8:45 am] submitting comments or material, all For information on services for BILLING CODE 9110–9L–P submissions will be posted, without individuals with disabilities or to change, to the Federal eRulemaking request special assistance, contact Portal at http://www.regulations.gov, Martha K. Landesberg, Executive DEPARTMENT OF HOMELAND and will include any personal Director, DHS Data Privacy and Integrity SECURITY information you provide. Therefore, Advisory Committee, as soon as submitting this information makes it possible. Federal Emergency Management public. You may wish to read the Privacy Act Statement: DHS’s Use of Agency Privacy Act notice that is available via Your Information [Docket ID: FEMA–2010–0047] the link in the footer of http:// www.regulations.gov. Authority: DHS requests that you Agency Information Collection voluntarily submit this information FOR FURTHER INFORMATION CONTACT: Activities: Proposed Collection; under its following authorities: the Contact Muriel Glover, Emergency Comment Request, 1660–0047; Federal Records Act, 44 U.S.C. 3101; the Management Specialist, Response Request for Federal Assistance FACA, 5 U.S.C. App. 2; and the Privacy Directorate, Business Management Form—How To Process Mission Act of 1974, 5 U.S.C. 552a. Division, Federal Emergency Principal Purposes: When you register Assignments in Federal Disaster Management Agency, (202) 646–4180 to attend a DHS Data Privacy and Operations for additional information. You may Integrity Advisory Committee meeting, AGENCY: Federal Emergency contact the Records Management DHS collects your name, contact Management Agency, DHS. Division for copies of the proposed collection of information at facsimile information, and the organization you ACTION: Notice; 60-day notice and number (202) 646–3347 or e-mail represent, if any. We use this request for comments; extension, address: FEMA-Information-Collections- information to contact you for purposes without change, of a currently approved [email protected]. related to the meeting, such as to information collection; OMB No. 1660– confirm your registration, to advise you 0047; FEMA Form 010–0–7, Action SUPPLEMENTARY INFORMATION: Under of any changes in the meeting, or to Request Form; FEMA Form 010–0–8, Section 653 of the Robert T. Stafford assure that we have sufficient materials Mission Assignment. Disaster Relief and Emergency to distribute to all attendees. We may Assistance Act (42 U.S.C. 5121 et seq), also use the information you provide for SUMMARY: The Federal Emergency FEMA is authorized to provide public record purposes such as posting Management Agency, as part of its assistance to States based on needs publicly available transcripts and continuing effort to reduce paperwork before, during and after a disaster has meeting minutes. and respondent burden, invites the impacted the state. Information Routine Uses and Sharing: In general, general public and other Federal collected explains which State(s) DHS will not use the information you agencies to take this opportunity to require assistance, what needs to be

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accomplished, details any resource Type of Information Collection: This request documents how the shortfalls, and explains what assistance Extension, without change, of a response requirements exceed the is required to meet these needs. Title 44 currently approved information capacity for the State to respond to the CFR 206.5 provides the mechanism by collection. situation on its own and what type of which FEMA collects the information OMB Number: 1660–0047. assistance is required. FEMA reviews necessary to determine what resources Form Titles and Numbers: FEMA this information and can task other are needed and if a mission assignment Form 010–0–7, Action Request Form; Federal Agencies with a mission is appropriate. FEMA Form 010–0–8, Mission assignment to assist the State in its Assignment. response to the situation. Collection of Information Abstract: If, during the course of a Title: Request for Federal Assistance State’s response to a disaster, the State Affected Public: State, local or Tribal Form—How to Process Mission determines that its capacity to respond Government. Assignments in Federal Disaster exceeds its available resources, a request Estimated Total Annual Burden Operations. to FEMA for assistance can be made. Hours: 9,620 hours. ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Number of Avg. burden Total an- Total an- Type of Number of responses Total num- per re- nual bur- Avg. hourly nual re- respondent Form name/form number respond- per ber of re- sponse (in den (in wage rate spondent ents respondent sponses hours) hours) cost

State, local or Tribal Government Action Request Form/FF 010–0– 10 640 6,400 .33 2,133.33 $56.69 $120,938 7. State, local or Tribal Government Mission Assignment/FF 010–0–8 10 320 3,200 .05 160 56.69 9,070 State, local or Tribal Government Training/No Form ...... 10 2 20 8 160 56.69 9,070

Total ...... 10 ...... 9,620 ...... 2,453.33 ...... 139,078

Estimated Cost: There are no DEPARTMENT OF HOUSING AND link to Grants.gov is also available on operation and maintenance, or capital URBAN DEVELOPMENT the HUD Web site at http:// and start-up costs associated with this [Docket No. FR–5415–N–08] www.hud.gov/offices/adm/grants/ the collection of information. fundsavail.cfm. The Catalogue of Federal Domestic Assistance (CFDA) Comments Notice of Availability: Notice of Funding Availability (NOFA) for Fiscal number for the ICDBG is 14.862. Comments may be submitted as Year (FY) 2010 Indian Community Applications must be submitted indicated in the ADDRESSES caption Development Block Grant (ICDBG) electronically through Grants.gov. Program for Indian Tribes and Alaska above. Comments are solicited to (a) FOR FURTHER INFORMATION CONTACT: Native Villages For evaluate whether the proposed data information concerning the ICDBG collection is necessary for the proper AGENCY: Office of the Chief of the Program for Indian Tribes and Alaska performance of the agency, including Human Capital Officer, HUD. Native Villages, contact Deborah M. whether the information shall have ACTION: Notice. Lalancette, Director, Office of Grants practical utility; (b) evaluate the Management, Office of Native American SUMMARY: HUD announces the accuracy of the agency’s estimate of the Programs, Office of Public and Indian availability on its Web site of the burden of the proposed collection of Housing, Office of Grants Management, information, including the validity of application information, submission deadlines, funding criteria, and other Department of Housing and Urban the methodology and assumptions used; Development, 1670 Broadway, 23rd (c) enhance the quality, utility, and requirements for the FY2010 ICDBG NOFA. Approximately $65 million is Floor, Denver, CO 80202; telephone clarity of the information to be made available through this NOFA, by number (303) 675–1600 (this is not a collected; and (d) minimize the burden the Consolidated Appropriations Act, toll-free number). Persons with speech of the collection of information on those 2010 (Pub. L. 111–117, approved or hearing impairments may access this who are to respond, including through December 16, 2009). Of this amount, up telephone number via TTY by calling the use of appropriate automated, to $3.96 million is retained to fund the toll-free Federal Information Relay electronic, mechanical, or other Imminent Threat Grants. The purpose of Service during working hours at 800– technological collection techniques or the ICDBG program is the development 877–8339. other forms of information technology, of viable Indian and Alaska Native Dated: August 24, 2010. e.g., permitting electronic submission of communities, including the creation of responses. decent housing, suitable living Barbara S. Dorf, Director, Office of Departmental Grants Dated: Augsut 24, 2010. environments, and economic opportunities primarily for persons with Management and Oversight, Office of the Tammi Hines, low and moderate incomes. Chief of the Human Capital Officer. Acting Director, Records Management The notice providing information [FR Doc. 2010–21401 Filed 8–26–10; 8:45 am] Division, Mission Support Bureau, Federal regarding the application process, BILLING CODE 4210–67–P Emergency Management Agency, Department funding criteria and eligibility of Homeland Security. requirements can be found using the [FR Doc. 2010–21434 Filed 8–26–10; 8:45 am] Department of Housing and Urban BILLING CODE 9111–24–P Development agency link on the Grants.gov/Find Web site at http:// www.grants.gov/search/agency.do. A

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DEPARTMENT OF HOUSING AND considered Community Development addressing neighborhoods destabilized URBAN DEVELOPMENT Block Grant (CDBG) funds. The grant by foreclosed and abandoned homes program under Title III is commonly and may take into account prior [Docket No. FR–5435–N–01] referred to as NSP, and the first round allocations of NSP1 and NSP2 already Notice of Neighborhood Stabilization of NSP funding is referred to as NSP1. serving those communities. This Notice Program Reallocation Process When referring to a provision of the further addresses how grantees who Changes appropriations statute itself, this notice have funds recaptured will meet the will refer to HERA; when referring to requirement that 25 percent of NSP1 AGENCY: Office of the Secretary, HUD. the grants, grantees, assisted activities, funds support units affordable to ACTION: Notice. and implementation rules affected by households whose incomes are 50 this notice, this notice will use the term percent of area median income or less. SUMMARY: This Notice describes the NSP1. The substantive revisions made by applicable corrective actions, recapture HERA authorizes the Secretary to this notice follow. The Federal Register process, the reallocation formula, and specify alternative requirements to any page number identifies where the the waivers of regulations granted to provision under Title I of the Housing language to be revised can be found in grantees under Title III of Division B of and Community Development Act of the October 6, 2008, notice. the Housing and Economic Recovery 1974, as amended, (the HCD Act) except Act of 2008, for the purpose of assisting for requirements related to fair housing, A. Reallocation Process in the redevelopment of abandoned and nondiscrimination, labor standards, and Background foreclosed homes under the Emergency the environment (including lead-based In the NSP1 Notice, HUD noted in Assistance for Redevelopment of paint), in accordance with the terms of paragraph I.B. Formula Reallocation, Abandoned and Foreclosed Homes section 2301 of HERA and for the sole that if a jurisdiction failed to meet the heading. This notice affects grantees purpose of expediting the use of grant requirement to use its NSP1 funds in 18 receiving grants under the first round of funds. The CDBG requirements will months, HUD would recapture the funding under the Neighborhood apply to NSP except where this notice funds and reallocate them in accordance Stabilization Program, which is referred supersedes or amends such with the CDBG reallocation provisions to throughout this notice as NSP1. As requirements. This Notice does not of the HCD Act at 42 U.S.C. 5306(c)(4). described in the Supplementary specify any new alternative This provision of the HCD Act Information section of this notice, HUD requirements to statutory requirements. specifically applies to funds recaptured is authorized by statute to specify Except as described in this notice and under the authority of 42 U.S.C. 5304(e) alternative requirements and make previous notices governing the NSP, and 5311 of the HCD Act. However, regulatory waivers for this purpose. This statutory and regulatory provisions upon further reflection, HUD has notice advises the public that HUD is governing the CDBG program, including determined that 42 U.S.C. 5306(c)(4) revising the recapture policy of the those at 24 CFR part 570 subpart I for does not apply to recaptures under October 6, 2008, NSP1 Notice, as states or, for CDBG entitlement NSP1 and therefore NSP funds are not amended, in a manner that affects the communities, including those at 24 CFR required to be reallocated to major consequences of failing to meet the 18- part 570 subparts A, C, D, J, K, and O, disaster areas. As the 18-month deadline month deadline for using NSP1 funds. as appropriate, apply to the use of these funds. (The State of Hawaii was approaches, HUD is updating this DATES: Effective Date: August 23, 2010. allocated funds and will be subject to provision to limit the negative effects on FOR FURTHER INFORMATION CONTACT: part 570, subpart I, as modified by this communities that, although they may Stanley Gimont, Director, Office of notice.) not have had the capacity to meet the Block Grant Assistance, Department of deadline, still have great need for Housing and Urban Development, 451 Substantive Revisions neighborhood stabilization funding. Seventh Street, SW., Room 7286, NSP1 grantees are statutorily required Therefore, HUD is revising the NSP1 Washington, DC 20410, telephone to use NSP1 funds within 18 months Notice’s provisions to provide a process number 202–708–3587. Persons with from the date HUD signed their grant for addressing a grantee’s failure to meet hearing or speech impairments may agreement. HUD has defined ‘‘use’’ to the 18-month use requirement and to access this number via TTY by calling mean obligation of funds for approved state that any recaptured funds will be the Federal Information Relay Service at activities. The primary purpose of this reallocated to provide additional NSP 800–877–8339. FAX inquiries may be notice is to amend the reallocation grants on a formula basis. This Notice sent to Mr. Gimont at 202–401–2044. provision of the October 6, 2008, Notice, explains how HUD will proceed to (Except for the ‘‘800’’ number, these 73 FR 58330 (NSP1 Notice), which restrict further obligation of NSP funds telephone numbers are not toll-free.) noted that the ordinary CDBG the day after the 18-month use deadline SUPPLEMENTARY INFORMATION: reallocation statutory requirement and provide grantees the opportunity to would apply in the event of any submit additional information regarding Authority To Provide Alternative recapture of NSP1 funds for the NSP funds subject to a finding and Requirements and Grant Regulatory noncompliance with program potential corrective action or sanction. Waivers requirements. This Notice provides Following the review and before Title III of Division B of the Housing instead for a range of corrective actions, selecting a corrective or remedial action, and Economic Recovery Act, 2008 (Pub. in accordance with 24 CFR HUD will, in accordance with 24 CFR L. 110–289, approved July 30, 2008), as 570.900(b)(5) and (6), for failure to meet 570.905 and 570.493, consider the amended, (HERA) appropriated $3.92 the 18-month use requirements; and for grantee’s continuing capacity to carry billion for emergency assistance for any recaptured funds to remain in the out the grant. redevelopment of abandoned and NSP1 program and to be reallocated in HUD has a range of possible foreclosed homes and residential accordance with the formula in corrective actions available in the properties, and provides under a rule of Attachment A. The formula will regulations at 24 CFR 570.910 and construction that, unless HERA states reallocate funds to communities with 570.495. Additional guidance is otherwise, the grants are to be the most current need for support in provided in the Community Planning

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and Development Monitoring Handbook each project.) HUD field staff may request, it will restore the grantee’s 6509.2, Rev-6. HUD may also provide request removal of the obligation blocks ability to obligate grant funds in DRGR. targeted technical assistance when it in the reporting system after assessment If HUD does not grant the request, the determines that the grantee is in need of of a grantee’s performance, if the field grantee must either complete the such assistance to complete its program staff determines the grantee is not high activity as originally obligated or the successfully. risk consistent with this notice. amount previously obligated for that In many instances, HUD anticipates Finally, the Notice addresses activity will be recaptured. HUD may that NSP grantees failing to meet the use enforcement of the grantee’s statutory also remove the obligations block deadline will face a choice of (a) obligation to spend at least 25 percent following risk assessment of the grantee entering into a memorandum of of NSP1 funds on housing for persons or a review of some or all of a grantee’s agreement with the Department or (b) at or below 50 percent area median obligation documentation. recapturing of unobligated amounts. income. d. Before HUD determines the Based largely on the grantee’s NSP1 appropriate corrective action or Revised Requirement performance and the amount of recaptures grant funds, HUD will review unobligated funds, HUD may enter into Section I.B.2. of the NSP1 Notice at the submitted information, consider the a memorandum of agreement designed page 58331 is amended to read as grantee’s capacity as described in 24 to improve the grantee’s performance follows: CFR 570.905 and 24 CFR 570.493, and and enable use of the funds for the 2. a. HUD will block each grantee’s the grantee’s continuing need for the purposes intended in the NSP1 Notice. ability to obligate NSP1 grant funds in funds. A few very low capacity grantees may the Disaster Recovery Grant Reporting e. Following the review, HUD will be required to demonstrate that they System (DRGR) on the first business day proceed to notify the grantee of the have acquired stronger program after the statutory 18-month deadline for selected corrective action it is required partners, such as proven nonprofit or use of funds. HUD will notify the to undertake. for-profit developers, before HUD will grantee of this action by electronic mail. f. HUD will recapture and reallocate allow further use of NSP1 funds. To Grantees will not be able to obligate up to $19.6 million from any state ensure uniform national application of grant funds after the deadline without grantee with unused NSP grant funds. corrective actions, HUD will issue requesting and receiving permission Additional corrective actions may be guidance to field offices regarding from HUD, until HUD determines that taken related to any amount of unused corrective actions for NSP1 grantees that the grantee is not high risk consistent funds greater than $19.6 million. fail to meet the deadline for use of with this notice. The grantee will still be g. HUD will reallocate recaptured funds, and corrective actions may be able to expend grant funds obligated funds in accordance with the reviewed by headquarters staff. Failure before the deadline. Receipt and use of reallocation formula described in on the grantee’s part to achieve use of any program income will also be Attachment A. A grantee receiving a funds or to meet the terms of the unaffected. reallocation must apply for the grant in memorandum of agreement may lead to b. Any grantee that fails to obligate an accordance with the NSP1 Notice. A recapture of funds. amount equal to or greater than its nonentitlement grant recipient that is States with unused funds will be initial grant amount may submit not required to submit a consolidated subject to a recapture of unused information to HUD, for up to 30 days plan to HUD under the CDBG program amounts up to $19.6 million. This is following its 18-month deadline, will prepare an abbreviated plan. The because the NSP1 allocation formula documenting any additional obligation substance of an abbreviated plan must provided $19.6 million to each state of funds not already recorded in the include all the required elements that regardless of the state’s relative need for DRGR system and demonstrating to entitlement communities provide as funds. Local governments received HUD that the obligation occurred on or part of an NSP Action Plan substantial funds strictly based on their formula before the 18-month deadline. Before amendment as described under Section need. States received the $19.6 million the 18-month deadline, each grantee II.B.2. base payment plus any need-based should also review its recorded h. Each grantee must meet the formula increment. Therefore, if a state obligations and notify HUD within 30 statutory requirement to expend 25 has unused NSP1 funds up to $19.6 days following the deadline of any percent of its grant amount for activities million, HUD will recapture and necessary adjustments to the amount that will provide housing for reallocate those funds to a higher need and the reason for such an adjustment. households whose income is at or under location based on a strictly need-driven For example, the grantee has become 50 percent of area median income. This formula. After HUD determines the aware that an obligation amount that cannot occur unless the funds are first recapture amount, any remaining was previously recorded for an obligated to activities for this purpose, unused state grant funds in excess of acquisition will not proceed, therefore a or program income is received and used $19.6 million will be addressed under downward adjustment is necessary. for eligible activities. Therefore, if a the additional corrective actions, as c. After the deadline, if any grantee grantee fails to obligate or record described above. needs to decrease or increase the program income use of at least 25 To address concerns that some amount of grant funds obligated to an percent of its original grant amount for grantees may inflate obligation amounts activity, it must first ask HUD to remove activities that will provide housing for for projects before the deadline, then the DRGR block on changing the amount households whose income is at or under withdraw from or reduce these obligated. If the amount of decrease is 50 percent of area median income, HUD obligations after the deadline as a more than 15 percent of the obligation may issue a concern or a finding of strategy for meeting the fund use for any activity, the grantee must submit noncompliance. HUD will require as a requirement by the deadline, HUD staff to HUD a written request that clearly corrective action that the grantee either will be reviewing a sample of obligation demonstrates with compelling adjust its remaining NSP1 planned documents. (Note that HUD recognizes information that factors beyond the activities to ensure that 25% of the that grantees will not be able to budget grantee’s reasonable control caused the original NSP1 formula grant amount and perfectly and has provided guidance need to withdraw or decrease after the program income supports activities allowing a reasonable contingency for deadline. If HUD agrees to grant the providing housing to households with

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incomes at or under 50 percent of area understanding their capacity to and an urban county governing FY2010 median income, or make a firm undertake and manage NSP1 activities. CDBG funding (for purposes of either an commitment to provide such housing This is the same self-assessment tool urban county or a joint program) to with nonfederal funds in an amount that is used for NSP Technical automatically cover NSP funding as sufficient to offset any deficiency to Assistance (NSP–TA) purposes and it well. These cooperation agreements will comply with the requirement before the will allow HUD to more rapidly identify continue to apply to the use of NSP expenditure deadline for the NSP1 capacity gaps and technical assistance funds for the duration of the NSP grant, grant. needs and to provide appropriate just as cooperation agreements covering i. The NSP1 Notice allows each technical assistance. Although HUD regular CDBG Entitlement program grantee to use up to ten percent of its suggests that every grantee complete funds continue to apply to any use of NSP1 grant for general administration and submit the self-assessment with its the funds appropriated during the 3- and planning activities. If HUD substantial amendment, HUD will year period covered by the agreements. recaptures funds from a grant, this require some grantees to complete and For example, a local government percentage limitation will still apply to submit such a self-assessment as a presently has a cooperation agreement the remaining grant funds, reducing the special condition of receiving funding. covering a joint program or participation amount available for administration HUD also provided regulatory waivers in an urban county for Federal FYs activities. and alternative requirements to allow 2009, 2010 and 2011. The local joint requests among contiguous government may choose to discontinue B. Changes to Pre-Grant Process entitlement communities and to allow its participation with the county at the Background joint requests between an entitlement end of the applicable qualification community and a state. Any two or period for future CDBG entitlement With this notice, HUD is establishing more contiguous units of general local funding. However, the existing the pre-grant process for the NSP government may make a joint request to cooperation agreement covers the NSP reallocation grants. The formula is HUD to implement a joint NSP1 funding until expended and the county published in Attachment A. HUD will program with reallocated funds. A will still be responsible for any NSP announce the reallocation amounts after jurisdiction need not have a joint projects funded in that community, and completing the recapture process for all agreement with an urban county under for any NSP funding the local states that have failed to meet the 18- the regular CDBG entitlement program government receives from the county, month use requirement. Additional or have joint request with a local until those funds are expended and the reallocation announcements will be government or state for the original funded activities are completed. made only if HUD recaptures funds NSP1 allocation to request a joint A third method of cooperating is also from grantees who fail to comply with program for NSP1 reallocation funding. available, and may be required by HUD any memorandum of agreement or grant Potential requestors should contact in some jurisdictions that HUD conditions. At the time of each HUD as soon as possible (as far as determines have high need for NSP announcement, CDBG grantees possible in advance of publishing a funds and low capacity to implement receiving NSP1 reallocations may proposed substantial amendment or some or all planned NSP activities in immediately begin to prepare and abbreviated plan) for technical the required timeframes. HUD may submit action plan substantial guidance. The requestors will specify condition some NSP reallocations on amendments or abbreviated plans for which jurisdiction will receive the such cooperation being demonstrated to NSP1 funds, in accordance with this funds and administer the combined HUD’s satisfaction before execution of a notice and the original NSP1 Notice. grant on behalf of the requestors; in the grant agreement. A jurisdiction may (Insular areas should follow the case of a joint request between a local apply for its entire grant and requirements for entitlement government jurisdiction and a state, the immediately enter into a subrecipient communities.) state will administer the combined agreement with another jurisdiction, an To receive NSP1 reallocation funding, grant. (Grantees choosing this option NSP2 grantee, or a nonprofit entity with grantees must submit an action plan should consider the Consolidated Plan capacity to administer the grant. substantial amendment to HUD in and citizen participation implications of Finally, some communities with a accordance with this notice by no later this approach. The lead entity’s great need for neighborhood than the deadline in the allocation substantial amendment will cover all stabilization support do not have the announcement. Any unit of general participating members. The citizen capacity to design and deliver a local government in a nonentitlement participation process must include successful NSP program. HUD can area receiving an allocation must submit citizens of all jurisdictions participating identify these communities before an abbreviated plan under 24 CFR in the joint program.) execution of a grant agreement based on 91.235 to HUD by the same deadline. Given the rule of construction in NSP, CDBG, or HOME program An abbreviated plan will have HERA that NSP funds generally are performance or information from essentially the same content as a NSP1 construed as CDBG program funds, technical assistance providers. In these substantial amendment, although the subject to CDBG program requirements, cases, HUD may reallocate funds to such certifications will be different. HUD generally will treat reallocated communities but will take actions In the October 6, 2008 NSP1 Notice, NSP funds as a special allocation of designed to ensure appropriate and HUD encouraged each local jurisdiction Fiscal Year (FY) 2010 CDBG funding for timely use of grant funds. HUD will receiving an allocation to carefully grantees receiving an allocation for the condition their grants on the grantee’s consider its administrative capacity to first time. This has important acceptance of technical assistance, as use the funds within the statutory consequences for local governments evidenced by an executed technical deadline. HUD is encouraging each local presently participating in an existing assistance work plan or by a jurisdiction receiving reallocated fund urban county program, and for memorandum of agreement with HUD. to consider its administrative capacity. metropolitan cities that have joint In either such document, the To support this consideration, HUD is agreements with urban counties. HUD responsibilities and roles of the grantee, providing a self-assessment tool that will consider any existing cooperation HUD, and HUD’s technical assistance grantees may find useful in better agreements between a local government providers will be described—including

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a specific scope of work and schedule— grantee may draw-down funds from the C. Change to Timeliness of Use and duly executed before HUD signs the line of credit. Requirement grant agreement for the reallocation As with the initial allocation process, The requirements of paragraph M. award. the action plan substantial amendment, Timeliness of use and expenditure of At the time HUD publishes the abbreviated plan and citizen NSP funds of the NSP1 Notice will reallocation amounts, it will also participation alternative requirements apply to reallocation grants. Grantees publish a specific date for a recipient to will permit an expedited grant-making are reminded that section of HERA complete and submit a substantial process, but one that still provides for 2301(c)(1) provides that any grantee amendment to its annual action plan or receiving a grant: an abbreviated plan. A grantee that public notice, appraisal, examination, wishes to initially submit its action plan and comment on the activities proposed ‘‘* * *shall, not later than 18 months after amendment to HUD electronically in the for the use of NSP grant funds. the receipt of such amounts, use such amounts to purchase and redevelop DRGR system rather than via paper may Revised Requirements abandoned and foreclosed homes and do so by contacting its local field office residential properties.’’ for the DRGR submission directions. Section II.B.4.a of the NSP1 Notice on Paper submissions to HUD also will be page 58334 is amended to add the HUD has defined the term ‘‘use’’ to allowed, although each grantee must set following at the end: To receive an NSP include obligation of funds. up its action plan in DRGR before the reallocation, a grantee must submit to Revised Requirement deadline for the first required HUD for approval an NSP application Section II.M. of the NSP1 Notice on performance report after receiving a by the deadline indicated in the page 58340 is amended to add grant. allocation announcement. This paragraph 3 after paragraph 2: HUD will review each grantee submission will include a signed 3. Grantees receiving a reallocation of submission for completeness and standard Federal form SF–424, signed funds must comply with the 18-month consistency with the requirements of certifications, and a substantial action use requirement. this notice and will disapprove plan amendment or abbreviated plan incomplete and inconsistent action plan meeting the requirements of paragraph b D. Certifications amendments and abbreviated plans. below. (24 CFR 91.505 is waived to the Background HUD will allow revision and extent necessary to require submission HUD is substituting alternative resubmission of a disapproved of the substantial amendment to HUD amendment or abbreviated action plan certifications. The alternative for approval in accordance with this in accordance with 24 CFR 91.500 so certifications are tailored to NSP1 grants Notice.) long as any such resubmission is and remove certifications and references received by HUD 45 days or less Section II.B.5–6 of the NSP1 Notice that are appropriate only to the annual following the date of first disapproval. on beginning on page 58334 is amended CDBG formula program. In combination, these requirements to add: 5. Requirements provide the following expedited steps c. Local jurisdictions receiving Section II.T. of the NSP1 Notice for NSP grants: reallocation funds may enter into joint • Proposed action plan amendment or starting on page 58342 is amended to agreements in accordance with 5.a. or read as follows: Certifications for states abbreviated plan published via the b., regardless of whether the local usual methods and on the Internet for and for entitlement communities, jurisdiction had a joint agreement for no less than 15 calendar days of public alternative requirement. Although the the original NSP allocation. comment; NSP is being implemented as a • Final action plan amendment or 6. b. Any cooperation agreement substantial amendment to the current abbreviated plan posted on the Internet between a unit of general local annual action plan, HUD is requiring and submitted to HUD by the deadline government and a county, concerning submission of this alternative set of indicated in the allocation either a joint program or participation in certifications as a conforming change, announcement (grant application an urban county under 24 CFR 570.307 reflecting alternative requirements and includes Standard Form 424 (SF–424) or 570.308, and governing CDBG funds waivers under this notice. Each and certifications); appropriated for federal FY 2010, will jurisdiction will submit the following • HUD expedites review; be considered to incorporate and apply certifications: • HUD accepts the plan and prepares to NSP reallocated funding. Any such 1. Affirmatively furthering fair a cover letter, grant agreement, and cooperation agreements will continue to housing. The jurisdiction certifies that it will affirmatively further fair housing, grant conditions; apply to the use of NSP funds until the • which means that it will conduct an Grantee meets any conditions NSP funds are expended and the NSP analysis to identify impediments to fair required before HUD’s execution of the grant is closed out. Grantees should note grant agreement. housing choice within the jurisdiction, that certain provisions in existing • Grant agreement signed by HUD take appropriate actions to overcome the and immediately transmitted to the cooperation agreements that govern effects of any impediments identified grantee; FY2010 CDBG funding may be through that analysis, and maintain • Grantee signs and returns the grant inconsistent with parts of HERA and records reflecting the analysis and agreements; this notice. For instance, set minimum actions in this regard. • HUD establishes the line of credit and/or maximum allocation amounts 2. Anti-displacement and relocation and the grantee requests and receives may conflict with priority distributions plan. The applicant certifies that it has DRGR access; to areas of greatest need identified in the in effect and is following a residential • After completing the environmental grantee’s action plan substantial anti-displacement and relocation review(s) pursuant to 24 CFR part 58 amendment. Conforming amendments assistance plan. and, as applicable, receiving from HUD should be made to existing cooperation 3. Anti-lobbying. The jurisdiction or the state an approved Request for agreements, as necessary, to comply must submit a certification with regard Release of Funds and certification, the with HERA and this notice. to compliance with restrictions on

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lobbying required by 24 CFR part 87, public improvements. However, if NSP 3520). OMB approval is under OMB together with disclosure forms, if funds are used to pay the proportion of control number 2506–0165. In required by that part. a fee or assessment attributable to the accordance with the Paperwork 4. Authority of jurisdiction. The capital costs of public improvements Reduction Act, HUD may not conduct or jurisdiction certifies that the (assisted in part with NSP funds) sponsor and a person is not required to consolidated plan is authorized under financed from other revenue sources, an respond to, a collection of information, state and local law (as applicable) and assessment or charge may be made unless the collection displays a valid that the jurisdiction possesses the legal against the property with respect to the control number. authority to carry out the programs for public improvements financed by a Duration of Funding which it is seeking funding, in source other than CDBG funds. In accordance with applicable HUD addition, with respect to properties The appropriation accounting regulations and other program owned and occupied by moderate- provisions in 31 U.S.C. 1551–1557, requirements. income (but not low-income) families, added by section 1405 of the National 5. Consistency with plan. The an assessment or charge may be made Defense Authorization Act for Fiscal jurisdiction certifies that the housing against the property with respect to the Year 1991 (Pub. L. 101–510), limit the activities to be undertaken with NSP public improvements financed by a availability of certain appropriations for funds are consistent with its source other than NSP funds if the expenditure. Such a limitation may not consolidated plan. jurisdiction certifies that it lacks NSP or be waived. The appropriations acts for 6. Acquisition and relocation. The CDBG funds to cover the assessment. NSP grants direct that these funds be jurisdiction certifies that it will comply 12. Excessive force. The jurisdiction available until expended. However, the with the acquisition and relocation certifies that it has adopted and is Department is imposing a shorter requirements of the Uniform Relocation enforcing: deadline on the expenditure of NSP Assistance and Real Property a. A policy prohibiting the use of funds in this notice. Acquisition Policies Act of 1970, as excessive force by law enforcement Catalog of Federal Domestic Assistance amended (42 U.S.C. 4601), and agencies within its jurisdiction against implementing regulations at 49 CFR part any individuals engaged in nonviolent The Catalog of Federal Domestic 24, except as those provisions are civil rights demonstrations; and Assistance numbers for grants made modified by the notice for the NSP b. A policy of enforcing applicable under NSP1 are as follows: 14.218; program published by HUD. state and local laws against physically 14.225; and 14.228. 7. Section 3. The jurisdiction certifies barring entrance to, or exit from, a Finding of No Significant Impact that it will comply with section 3 of the facility or location that is the subject of A Finding of No Significant Impact Housing and Urban Development Act of such nonviolent civil rights with respect to the environment has 1968 (12 U.S.C. 1701u), and demonstrations within its jurisdiction. been made in accordance with HUD implementing regulations at 24 CFR part 13. Compliance with anti- regulations at 24 CFR part 50, which 135. discrimination laws. The jurisdiction implement section 102(2)(C) of the 8. Citizen participation. The certifies that the NSP grant will be National Environmental Policy Act of jurisdiction certifies that it is in full conducted and administered in 1969 (42 U.S.C. 4332(C)(2)). The compliance and following a detailed conformity with Title VI of the Civil Finding of No Significant Impact is citizen participation plan that satisfies Rights Act of 1964 (42 U.S.C. 2000d), available for public inspection between the requirements of Sections 24 CFR the Fair Housing Act (42 U.S.C. 3601– 8 a.m. and 5 p.m. weekdays in the 91.105 or 91.115, as modified by NSP 3619), and implementing regulations. requirements. 14. Compliance with lead-based paint Office of the Rules Docket Clerk, Office 9. Following a plan. The jurisdiction procedures. The jurisdiction certifies of General Counsel, Department of certifies it is following a current that its activities concerning lead-based Housing and Urban Development, 451 consolidated plan (or Comprehensive paint will comply with the requirements Seventh Street, SW., Room 10276, Housing Affordability Strategy) that has of part 35, subparts A, B, J, K, and R of Washington, DC 20410–0500. been approved by HUD. this title. Dated: August 23, 2010. 10. Use of funds. The jurisdiction 15. Compliance with laws. The Mercedes M. Ma´rquez, certifies that it will comply with Title III jurisdiction certifies that it will comply Assistant Secretary for Community Planning of Division B of the Housing and with applicable laws. and Development. Economic Recovery Act of 2008, as Note on Statutory Limitation on [FR Doc. 2010–21402 Filed 8–26–10; 8:45 am] amended, by using all of its grant funds BILLING CODE 4210–67–P within 18 months of receipt of the grant. Distribution of Funds 11. The jurisdiction certifies: Section 2304 of HERA states that none a. That all of the NSP funds made of the funds made available under this DEPARTMENT OF THE INTERIOR available to it will be used with respect Title or title IV shall be distributed to an to individuals and families whose organization that has been indicted for Bureau of Land Management incomes do not exceed 120 percent of a violation under Federal law relating to area median income; and an election for Federal office; or an [CACA 048649, LLCAD06000, L51010000. FX0000, LVRWB09B2490] b. The jurisdiction will not attempt to organization that employs applicable recover any capital costs of public individuals. Section 2304 defines Notice of Availability of the Draft improvements assisted with CDBG applicable individuals. Environmental Impact Statement for funds, including Section 108 loan Information Collection Approval the Desert Sunlight Holdings, LLC guaranteed funds, by assessing any Desert Sunlight Solar Farm Project and HUD has approval from the Office of amount against properties owned and Possible California Desert Management and Budget (OMB) for occupied by persons of low- and Conservation Area Plan Amendment moderate-income, including any fee information collection requirements in charged or assessment made as a accordance with the Paperwork AGENCY: Bureau of Land Management, condition of obtaining access to such Reduction Act of 1995 (44 U.S.C. 3501– Interior.

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ACTION: Notice of availability. combining switchgear, overhead lines, FLPMA, NEPA, BLM ROW and land use and access corridors; an operations and planning regulations, and other SUMMARY: In accordance with the maintenance facility; a solar energy applicable laws and regulations. The National Environmental Policy Act of visitor center; an on-site substation BLM will decide whether to approve, 1969, as amended (NEPA), and the where the voltage of the generated approve with modification, or deny a Federal Land Policy and Management electricity would be stepped up to 220 ROW grant to Desert Sunlight Holdings Act of 1976, as amended (FLPMA), the kV to match that of the transmission for the proposed DSSF project. The BLM Bureau of Land Management (BLM) has line; and site security and fencing. will also consider amending the CDCA prepared a Draft Environmental Impact The transmission line from the project Plan to make the project area (or Statement (EIS) and Draft California would transmit the electricity to the portions) either available or unavailable Desert Conservation Area (CDCA) Plan regional transmission system through to future solar development. The CDCA Amendment for the Desert Sunlight the Red Bluff Substation where the Plan (1980, as amended), while Holdings, LLC Desert Sunlight Solar power would feed into SCE’s existing recognizing the potential compatibility Farm (DSSF) Project, Riverside County, Devers-Palo Verde 1 (DPV1) 500-kV of solar generation facilities with other California, and by this notice, is transmission line. The length of the uses on public lands, requires that all announcing the opening of a 90-day transmission line would be 12.2 miles sites proposed for power generation or public comment period. long involving 236 acres. transmission not already identified in DATES: To ensure that comments will be The Red Bluff Substation would the plan be considered through the plan considered, the BLM must receive consist of a 500/220 kV substation on amendment process. If the BLM decides written comments on the Draft EIS approximately 90 acres, with an to grant a ROW, the BLM would amend within 90 days following the date the additional 20 to 30 acres for related the CDCA Plan as required based on Environmental Protection Agency features including access roads and guidance in the BLM Land Use Planning publishes its Notice of Availability in drainage control. Substation features Handbook (H 1601–1). The inventory for the Federal Register. The BLM will include: Connection of the project wilderness characteristics was updated announce future meetings or hearings tranmission line into the substation; and the project area was found to lack and any other public involvement transmission lines to connect the wilderness characteristics. activities at least 15 days in advance substation to the DPV1 line; A Notice of Intent to prepare an EIS through public notices, media releases, modification of DPV1 towers near the and possible CDCA plan amendment for and/or mailings. substation; construction of an electric the DSSF was published in the Federal ADDRESSES: You may submit comments distribution line for substation light and Register on January 13, 2010 (75 FR related to the Desert Sunlight Holdings power; and installation of 1801). This was followed by a 30-day DSSF project by any of the following telecommunications facilities. public scoping period which ended methods: The DSSF project would be located February 13, 2010. Scoping meetings • Web site: http://www.blm.gov/ca/st/ approximately six miles north of were held on January 28, 2010, in Palm en/fo/palmsprings.html. Interstate Highway 10 and the rural Desert, California. Numerous public • E-mail: CAPSSolarFirstSolar community of Desert Center in scoping comments were received. [email protected]. Riverside County. The project area is The main concerns identified during • Fax: (760) 833–7199. within two miles of Joshua Tree scoping included potential impacts to • Mail or other delivery service: National Park. The Draft EIS analyzes biological, visual, water, and air Allison Shaffer, Project Manager, BLM the direct, indirect, and cumulative resources, wilderness characteristics Palm Springs-South Coast Field Office, impacts to the environment. Three and cumulative impacts resulting from 1201 Bird Center Drive, Palm Springs, action alternatives and three no project the potential development of the California 92262. alternatives are analyzed in the Draft Interstate Highway 10 corridor. The Copies of the DSSF Draft EIS are EIS. Alternatives include: issues and concerns identified in the available from the Palm Springs-South • The proposed action; scoping comments were addressed in Coast Field Office at the above address. • A modified proposed action with an the Draft EIS. FOR FURTHER INFORMATION CONTACT: alternative transmission line route and Please note that public comments and Allison Shaffer, BLM Project Manager, substation location; information submitted including names, telephone (760) 833–7100. See also • A modified proposed action with a street addresses, and e-mail addresses of ADDRESSES section. reduced project footprint (3,045 acres) persons who submit comments will be SUPPLEMENTARY INFORMATION: Desert and reduced output (413 MW); available for public review and • Sunlight Holdings, LLC has requested a No action with no plan amendment disclosure at the above address during 19,516-acre right-of-way (ROW) to to the CDCA plan; regular business hours (8 a.m. to 4 p.m.), • construct and operate the DSSF 550- No project approval with a plan Monday through Friday, except megawatt (MW) solar photovoltaic (PV) amendment to the CDCA plan to make holidays, and at the following Web site: facility and associated 220-kilovolt (kV) the project area unsuitable for solar http://www.blm.gov/ca. generation interconnection line (gen-tie energy projects; and Before including your address, phone • line), and to facilitate the construction No project approval with a plan number, e-mail address, or other and operation by Southern California amendment to the CDCA plan to make personal identifying information in your Edison (SCE) of a new 500- to 220-kV the project area suitable for other solar comment, you should be aware that Red Bluff Substation where the project energy projects. your entire comment—including your would interconnect with the SCE The BLM’s purpose and need for the personal identifying information—may regional transmission system. DSSF project is to respond to Desert be made publicly available at any time. The DSSF power generation site Sunlight Holdings’ application under While you can ask us in your comment would encompass 4,245 acres. The Title V of FLPMA (43 U.S.C. 1761) for to withhold your personal identifying power generation site would consist of a ROW grant to construct, operate, and information from public review, we several components: A main generation decommission a solar PV facility on cannot guarantee that we will be able to area which includes PV arrays, public lands in compliance with do so.

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Authority: 40 CFR 1506.6 and 1506.10 and may call the Federal Relay Service at record and may be released to the 43 CFR 1610.2 800–877–8337 for TTY assistance. public. Comments we receive will be Thomas Pogacnik, SUPPLEMENTARY INFORMATION: available for public inspection, by appointments, during normal business Deputy State Director, California. Public Comments Solicited hours (Monday through Friday; 8 a.m. to [FR Doc. 2010–21276 Filed 8–26–10; 8:45 am] On July 22, 2010, we published in the 4 p.m.) at the West Virginia Field Office BILLING CODE 4310–40–P Federal Register (75 FR 42767) a notice (see ADDRESSES). Before including your of intent to prepare an EIS and a notice address, phone number, e-mail address, of a meeting. On August 9, 2010, we or other personal identifying DEPARTMENT OF THE INTERIOR held a public meeting in Rupert, West information in your comment, you Fish and Wildlife Service Virginia, to provide information on the should be aware that your entire proposed action and to solicit comments comment—including your personal and suggestions from the public on the [FWS–R5–ES–2010–N182; 50120–1113– identifying information—may be made 0000–F2] scope of issues and alternatives to be publicly available at any time. While addressed in the draft EIS. The scoping you may ask us in your comment to Preparation of an Environmental comment period closed on August 23, withhold personally identifying Impact Statement for Issuance of an 2010; however, due to substantial public information from public review, we can Incidental Take Permit Associated With interest in the proposed action and not guarantee that we will be able to do a Habitat Conservation Plan for the receipt of requests to extend the so. comment period, we are hereby Beech Ridge Wind Energy Project, Background Greenbrier and Nicholas Counties, reopening and extending the comment West Virginia; Re-opening and period until September 23, 2010. For background information, please Extension of Comment Period As stated in the July 22, 2010, Federal refer to the previous Federal Register Register notice, we seek comments, in Notice (75 FR 42767) published on July AGENCY: Fish and Wildlife Service, particular, concerning: (1) Biological 22, 2010. Interior. information concerning the Indiana bat Author ACTION: Notice; re-opening of comment and Virginia big-eared bat, as well as period; extension of comment period. unlisted bats and birds; (2) relevant data The primary author of this notice is concerning wind power and bat and Laura Hill, U.S. Fish and Wildlife SUMMARY: In response to substantial bird interactions; (3) additional Service, West Virginia Field Office. public interest and requests to extend information concerning the range, Authority the comment period, we, the U.S. Fish distribution, population size, and and Wildlife Service, extend the scoping population trends of the Indiana bat and The authority for this section is the period on a notice of intent to gather Virginia big-eared bat, as well as Endangered Species Act of 1973, as information necessary to prepare an unlisted bats and birds; (4) current or amended (16 U.S.C. 1531 et seq.) and Environmental Impact Statement (EIS) planned activities in the subject area National Environmental Policy Act, as on the proposed issuance of an and their possible impacts on the amended, (42 U.S.C. 4321 et seq.) Endangered Species Act (ESA) permit environment and resources; (5) the Dated: August 23, 2010. (incidental take permit and associated presence of facilities within the project Anthony D. Le´ger, Habitat Conservation Plan) for the Beech area which are eligible to be listed on Acting Regional Director, Region 5, U.S. Fish Ridge Wind Energy Project (HCP). the National Register of Historic Places and Wildlife Service. Pursuant to the National Environmental or whether other historical, [FR Doc. 2010–21337 Filed 8–26–10; 8:45 am] Policy Act (NEPA), we seek suggestions archeological, or traditional cultural BILLING CODE 4310–55–P and information from the public on the properties may be present; (6) the direct, scope of issues and alternatives to be indirect, and cumulative effects that included in the EIS. Comments implementation of any reasonable DEPARTMENT OF JUSTICE previously submitted need not be alternatives could have on endangered resubmitted as they have been and threatened species and their Notice of Lodging of Settlement incorporated into the public record and habitats, as well as unlisted bats and Agreement Under the Comprehensive will be fully considered in the final birds; (7) adequacy and advisability of Environmental Response, decision on the permit application. proposed minimization and mitigation Compensation, and Liability Act measures for ESA listed species and DATES: The public comment period that Notice is hereby given that on August closed on August 23, 2010, (75 FR other wildlife; (8) post-construction monitoring techniques; and (9) 24, 2010, a proposed Settlement 42767) is reopened and extended until Agreement in the bankruptcy matter, In September 23, 2010. identification of any other environmental issues that we should re Chemtura Corp., et al., Jointly ADDRESSES: Information, written consider with regard to the proposed Administered Case No. 09–11233 (REG), comments, or questions related to the development and permit action. was lodged with the United States preparation of the EIS and NEPA We welcome written comments from Bankruptcy Court for the Southern process should be submitted to Ms. interested parties to ensure that the full District of New York. The Settlement Laura Hill, Assistant Field Supervisor, range of issues related to the permit Agreement resolves proofs of claim filed U.S. Fish and Wildlife Service, West request is identified. Comments will by the United States on behalf of the Virginia Field Office, 694 Beverly Pike, only be accepted in written form. You Environmental Protection Agency Elkins, West Virginia 26241; FAX 304– may submit written comments by (‘‘EPA’’) against debtor Chemtura _ 636–7824; or fw5es [email protected]. regular mail, electronic mail, or Corporation and certain of its affiliates FOR FURTHER INFORMATION CONTACT: Ms. facsimile transmission (see ADDRESSES). (collectively, ‘‘Chemtura’’) for response Laura Hill (See ADDRESSES) at 304–636– All comments and materials we costs under the Comprehensive 6586, extension18. Individuals who are receive, including names and addresses, Environmental Response, hearing-impaired or speech-impaired will become part of the administrative Compensation, and Liability Act

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(‘‘CERCLA’’), 42 U.S.C. 9601–9675, with The Department of Justice will ACTION: Notice of information collection. respect to the following 18 sites: (1) The receive, for a period of fifteen days from Beacon Heights Landfill Superfund Site the date of this publication, comments SUMMARY: The National Aeronautics and in Connecticut; (2) the Carolawn relating to the Settlement Agreement. To Space Administration, as part of its Superfund Site in South Carolina; (3) be considered, comments must be continuing effort to reduce paperwork the Central Chemical Superfund Site in received by the Department of Justice by and respondent burden, invites the Maryland; (4) the Cleve Reber the date that is fifteen days from the general public and other Federal Superfund Site in Louisiana; (5) the date of this publication. Comments agencies to take this opportunity to Cooper Drum Company Superfund Site should be addressed to the Assistant comment on proposed and/or in California; (6) the Delaware Sand and Attorney General, Environment and continuing information collections, as Gravel Superfund Site in Delaware; (7) Natural Resources Division, and either required by the Paperwork Reduction the Diamond Alkali Superfund Site in e-mailed to pubcomment- Act of 1995 (Pub. L. 104–13, 44 U.S.C. New Jersey; (8) the El Dorado Site in [email protected] or mailed to P.O. 3506(c)(2)(A)). Arkansas; (9) the Halby Chemical Box 7611, U.S. Department of Justice, DATES: All comments should be Superfund Site in Delaware; (10) the Washington, DC 20044–7611, and submitted within 60 calendar days from Interstate Lead Company Superfund Site should refer to In re Chemtura Corp., et the date of this publication. in Alabama; (11) the Jadco Hughes al., D.J. Ref. 90–11–3–09736. ADDRESSES: All comments should be Superfund Site in North Carolina; (12) Commenters may request an addressed to Lori Parker, National the Landia Chemical Company opportunity for a public meeting in the Aeronautics and Space Administration, Superfund Site in Florida; (13) the LWD affected area, in accordance with Washington, DC 20546–0001. Site in Kentucky; (14) the Malone Section 7003(d) of the Resource Service Company Superfund Site in Conservation and Recovery Act, 42 FOR FURTHER INFORMATION CONTACT: Texas; (15) the Red Panther Chemical U.S.C. 6973(d). Requests for additional information or Company Site in Mississippi; (16) the The Settlement Agreement may be copies of the information collection Stauffer-LeMoyne Superfund Site in examined at the Office of the United instrument(s) and instructions should Alabama; (17) the Stoney Creek States Attorney, 86 Chambers Street, 3rd be directed to Lori Parker, NASA Technologies Site in Pennsylvania; and Floor, New York, New York 10007, and Clearance Officer, NASA Headquarters, (18) the Swope Oil Superfund Site in at the U.S. Environmental Protection 300 E Street, SW., JF0000, Washington, New Jersey. Agency, Ariel Rios Building, 1200 DC 20546, (202) 358–1351, The Settlement Agreement further Pennsylvania Avenue, NW, Washington, [email protected]. resolves: (1) a claim of the National DC 20460. During the public comment SUPPLEMENTARY INFORMATION: Oceanic and Atmospheric period, the Settlement Agreement may Administration against Chemtura for also be examined on the following I. Abstract past assessment costs relating to natural Department of Justice Web site, http:// NASA’s portfolio of higher education resource damages with respect to the www.usdoj.gov/enrd/ projects aims to educate students, Diamond Alkali Superfund Site; and (2) Consent_Decrees.html. Copies of the support the research and professional a claim of EPA against Chemtura for Settlement Agreement may also be development of faculty and civil penalties with respect to the Bio- obtained by mail from the Consent administrators, and enhance research Lab Facility in Georgia pursuant to the Decree Library, P.O. Box 7611, U.S. and education capacity at institutions of Clean Air Act, 42 U.S.C. 7401–7671q; Department of Justice, Washington, DC higher education with the ultimate goal the Clean Water Act, 33 U.S.C. 1251– 20044–7611 or by faxing or e-mailing a of strengthening the Nation’s aerospace 1387; CERCLA; and the Emergency request to Tonia Fleetwood and aerospace-related science, Planning and Community Right-to- ([email protected]), fax no. technology, engineering, and Know Act, 42 U.S.C. 11001–11050. (202) 514–0097, phone confirmation mathematics (STEM) workforce. NASA Under the Settlement Agreement, EPA number (202) 514–1547. In requesting a intends to conduct a multi-staged and NOAA collectively will receive copy from the Consent Decree Library, evaluation of their cumulative allowed general unsecured claims in the please enclose a check in the amount of investments in these higher education bankruptcy totaling $16,928,038. $10.50 (25 cents per page reproduction projects. Phase one of this evaluation The United States will also receive cost) payable to the U.S. Treasury or, if will collect data on the degree cash payments totaling $9,119,423, in by e-mail or fax, please forward a check completion and career placement of connection with the following eight in that amount to the Consent Decree individuals who previously participated sites: (1) The Beacon Heights Superfund Library at the stated address. in a NASA project as an undergraduate Site in Connecticut; (2) the Cleve Reber Maureen Katz, or graduate student. Data from this Superfund Site in Louisiana; (3) the Assistant Section Chief, Environmental collection will be used by NASA to Cooper Drum Superfund Site in Enforcement Section, Environment and respond to OMB and congressional California; (4) the Delaware Sand and Natural Resources Division. inquiries, document the education and Gravel Superfund Site in Delaware; (5) [FR Doc. 2010–21457 Filed 8–26–10; 8:45 am] employment outcomes of NASA’s the Halby Chemical Superfund Site in BILLING CODE 4410–15–P higher education investments, and Delaware; (6) the Interstate Lead inform decisions about future project Company Superfund Site in Alabama; modifications and funding priorities. (7) the Stauffer-LeMoyne Superfund Site in Alabama; and (8) the Stoney Creek NATIONAL AERONAUTICS AND II. Method of Collection Superfund Site in Pennsylvania. SPACE ADMINISTRATION Data will be collected by means of a The Settlement Agreement further Notice of Information Collection Web-based survey of former students requires Chemtura to continue to who participated in or applied to perform its existing work obligations at AGENCY: National Aeronautics and NASA’s higher education projects and one Superfund site, the Laurel Park, Inc. Space Administration (NASA). telephone interviews of a sample of Superfund Site in Connecticut. Notice: (10–095). these students.

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III. Data County in New York as part of the New One’s request to construct, operate, Title: NASA Contractor Financial York/New Jersey HIDTA, (4) conduct aquifer restoration, and Management Reports. Mecklenburg, Gaston, Union Buncombe, decommission an ISR facility at the OMB Number: 2700–XXXX. Henderson, and McDowell Counties in Moore Ranch Project. Possible Type of Review: New Collection. North Carolina as part of the Atlanta alternatives that were considered, but Affected Public: Business Individuals HIDTA. were eliminated from detailed analysis or households. FURTHER INFORMATION: Question include: conventional mining (whether Estimated Number of Respondents: regarding this notice should be directed by open pit or underground techniques) 15,571 (15,251 survey; 320 survey/ to Mr. Arnold Moorin, National HIDTA and conventional milling or heap leach interview). Program Director, Office of National processing. However, given the Estimated Number of Responses per Drug Control Policy, Executive Office of substantial environmental impacts of these alternatives, they were not further Respondent: 1 or 2 (survey only; survey the President, Washington, DC 20503. considered. The NRC staff also and interview). (202) 368–8423. evaluated alternative lixiviants, Estimated Time per Response: 20 Signed at Washington, DC, this 18th day of alternative wastewater disposal options, minutes for survey; 50 minutes for August 2010. and an alternative site location within survey and interview. Daniel R. Petersen, the proposed license area. For reasons Estimated Total Annual Burden Deputy General Counsel. discussed in the SEIS, these alternatives Hours: 5298.43 hours. [FR Doc. 2010–21320 Filed 8–26–10; 8:45 am] were also eliminated from further Estimated Total Annual Cost: $0.00. BILLING CODE 3180–02–P consideration. IV. Request for Comments As discussed in Section 2.3 of the final SEIS, unless safety issues mandate Comments are invited on: (1) Whether otherwise, the NRC staff’s the proposed collection of information NUCLEAR REGULATORY recommendation to the Commission is necessary for the proper performance COMMISSION related to the environmental aspects of of the functions of NASA, including [NRC–2009–0364] the proposed action is that the source whether the information collected has material license be issued as requested. practical utility; (2) the accuracy of Notice of Availability of Final This recommendation is based upon (1) NASA’s estimate of the burden Supplemental Environmental Impact Statement for the Moore Ranch In-situ the license application, including the (including hours and cost) of the environmental report submitted by proposed collection of information; (3) Recovery Project in Campbell County, Wyoming, Supplement to the Generic Uranium One and the applicant’s ways to enhance the quality, utility, and supplemental letters and responses to clarity of the information to be Environmental Impact Statement for In- situ Leach Uranium Milling Facilities the NRC staff’s requests for additional collected; and (4) ways to minimize the information; (2) consultation with burden of the collection of information AGENCY: Nuclear Regulatory Federal, State, Tribal, and local on respondents, including automated Commission. agencies; (3) the NRC staff’s collection techniques or the use of other ACTION: Notice of availability. independent review; (4) the NRC staff’s forms of information technology. consideration of comments received on Comments submitted in response to SUMMARY: Notice is hereby given that the draft SEIS; and (5) the assessments this notice will be summarized and the U.S. Nuclear Regulatory summarized in this SEIS. included in the request for OMB Commission (NRC) has published a final The final SEIS for the Moore Ranch approval of this information collection. Supplemental Environmental Impact ISR Project may be accessed on the They will also become a matter of Statement (SEIS) to the Generic internet at http://www.nrc.gov/reading- public record. Environmental Impact Statement for In- rm/doc-collections/nuregs/staff/sr1910/ Lori Parker, situ Leach Uranium Milling Facilities s1/. Additionally, the NRC maintains an (GEIS), (NUREG–1910, Supplement 1) NASA Clearance Officer. Agencywide Documents and regarding the Moore Ranch In-Situ Management System (ADAMS), which [FR Doc. 2010–21321 Filed 8–26–10; 8:45 am] Recovery Project in Campbell County, provides text and image files of the BILLING CODE P Wyoming. By letter dated October 2, NRC’s public documents. The SEIS may 2007, Energy Metals Corporation, a also be accessed through the NRC’s wholly-owned subsidiary of Uranium Public Electronic Reading Room on the EXECUTIVE OFFICE OF THE One Americas (Uranium One), internet at: http://www.nrc.gov/reading- PRESIDENT submitted an application to the NRC for rm/adams.html. The ‘‘Environmental a new source material license for the Impact Statement for the Moore Ranch Office of National Drug Control Policy proposed Moore Ranch Project, located ISR Project in Campbell County, Designation of Nine Counties as High in southwest Campbell County, Wyoming—Supplement to the Generic Intensity Drug Trafficking Areas Wyoming. Uranium One is proposing to Environmental Impact Statement for In- recover uranium from the Moore Ranch situ Leach Uranium Milling Facilities’’ ACTION: Notice. site using the in-situ leach (also known is available electronically under as the in-situ recovery [ISR]) process. In ADAMS Accession Number SUMMARY: The Director of the Office of this final SEIS, the NRC staff assessed ML102290470. If you do not have access National Drug Control Policy designated the environmental impacts from the to ADAMS or if there is a problem nine additional counties as High Drug construction, operation, aquifer accessing documents located in Trafficking Areas pursuant to 21 U.S.C. restoration, and decommissioning of the ADAMS, contact the NRC Public 1706. The new counties are (1) Shelby proposed Moore Ranch ISR Project. Document Room (PDR) reference staff at County in Tennessee as part of the Gulf In addition to the proposed action, the 1 (800) 397–4209, 1 (301) 415–4737, or Coast HIDTA, (2) Navajo County in NRC staff assessed the no-action by e-mail to [email protected]. Hard Arizona as part of the Southwest Border alternative in the final SEIS. Under this copies of the final SEIS are available HIDTA—Arizona Region, (3) Jefferson alternative, NRC would deny Uranium upon request. Both information and

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documents associated with the final NUCLEAR REGULATORY (RADB), Office of Administration, Mail SEIS are also available for inspection at COMMISSION Stop: TWB–05–B01M, U.S. Nuclear the Commission’s PDR, NRC’s Regulatory Commission, Washington, [Docket Nos. 50–338 and 50–339, Docket DC 20555–0001, or by fax to RADB at Headquarters Building, 11555 Rockville Nos. 50–280 and 50–281; NRC–2010–0283] Pike (first floor), Rockville, Maryland. 301–492–3446. For those without access to the Internet, Virginia Electric and Power Company, You can access publicly available paper copies of any electronic North Anna Power Station, Unit Nos. 1 documents related to this notice using documents may be obtained for a fee by and 2, Surry Power Station, Unit Nos. the following methods: contacting the NRC’s PDR at 1 (800) 1 and 2; Notice of Consideration of NRC’s Public Document Room (PDR): 397–4209. The final SEIS and related Issuance of Amendment to Facility The public may examine, and have documents may also be found at the Operating License, Proposed No copied for a fee, publicly available documents at the NRC’s PDR, Room O1 following public library: Campbell Significant Hazards Consideration F21, One White Flint North, 11555 County Public Library, 2101 South 4J Determination, and Opportunity for a Hearing and Order Imposing Rockville Pike, Rockville, Maryland Road, Gillette, Wyoming 82718, 307– 20852. These documents may also be 687–0009. Procedures for Document Access to Sensitive Unclassified Non-Safeguards viewed electronically on the public FOR FURTHER INFORMATION CONTACT: Mr. Information computers located at the NRC’s PDR at Behram Shroff, Project Manager, 11555 Rockville Pike, Rockville, Environmental Review Branch–B, AGENCY: Nuclear Regulatory Maryland 20852. Division of Waste Management and Commission. NRC’s Agencywide Documents Access Environmental Protection (DWMEP), ACTION: Notice of license amendment and Management System (ADAMS): Office of Federal and State Materials request, opportunity to comment, Publicly available documents created or and Environmental Management opportunity to request a hearing, and received at the NRC are available Programs, Mail Stop T–8F5, U.S. Commission order. electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ Nuclear Regulatory Commission, DATES: reading-rm/adams.html. From this page, Washington, DC 20555–0001. Submit comments by: September 27, 2010. A request for a hearing must the public can gain entry into ADAMS, Telephone: 1 (800) 368–5642, extension be filed by October 26, 2010. Any which provides text and image files of 0666; E-mail: [email protected]. potential party as defined in 10 CFR 2.4 NRC’s public documents. If you do not For general or technical information who believes access to Sensitive have access to ADAMS or if there are associated with the safety and licensing Unclassified Non-Safeguards problems in accessing the documents of uranium milling facilities, please Information is necessary to respond to located in ADAMS, contact the NRC’s contact Stephen Cohen, Team Lead, this notice must request document PDR reference staff at 1–800–397–4209, Uranium Recovery Licensing Branch, access by September 7, 2010. 301–415–4737, or by e-mail to DWMEP, Mail Stop T–8F5, U.S. Nuclear ADDRESSES: Please include Docket ID [email protected]. The applications Regulatory Commission, Washington, NRC–2010–0283 in the subject line of for amendments, dated May 6 and DC 20555–0001. Telephone: 1 (800) your comments. Comments submitted in February 10, 2010, are available 368–5642, extension 7182; E-mail: writing or in electronic form will be electronically under ADAMS Accession [email protected]. posted on the NRC Web site and on the No. ML101260517 and ML100470738. Dated at Rockville, Maryland, this 18th day Federal rulemaking Web site http:// Federal Rulemaking Web site: Public of August 2010. www.regulations.gov. Because your comments and supporting materials For the Nuclear Regulatory Commission. comments will not be edited to remove related to this notice can be found at http://www.regulations.gov by searching David Skeen, any identifying or contact information, on Docket ID: NRC–2010–0283. Acting Deputy Director, Environmental the NRC cautions you against including FOR FURTHER INFORMATION CONTACT: Protection and Performance Assessment any information in your submission that Directorate, Division of Waste Management you do not want to be publicly Karen Cotton, Project Manager, Plant and Environmental Protection Office of disclosed. Licensing Branch 2–1, Division of Federal and State Materials and The NRC requests that any party Operating Reactor Licensing, Office of Environmental Management Programs. soliciting or aggregating comments Nuclear Reactor Regulation, U.S. [FR Doc. 2010–21126 Filed 8–26–10; 8:45 am] received from other persons for Nuclear Regulatory Commission, Washington, DC 20555. Telephone: BILLING CODE 7590–01–P submission to the NRC inform those persons that the NRC will not edit their 301–415–1438; fax number: 301–415– comments to remove any identifying or 1222; e-mail: [email protected]. contact information, and therefore, they SUPPLEMENTARY INFORMATION: should not include any information in their comments that they do not want I. Introduction publicly disclosed. The U.S. Nuclear Regulatory You may submit comments by any Commission (the Commission) is one of the following methods. considering issuance of an amendment Federal Rulemaking Web site: Go to to Facility Operating License Nos. NPF– http://www.regulations.gov and search 4, NPF–7, DPR–32, and DPR–37 issued for documents filed under Docket ID to Virginia Electric and Power Company NRC–2010–0283. Address questions (the licensee) for operation of the North about NRC dockets to Carol Gallagher Anna Power Station, Unit Nos. 1 and 2 301–492–3668; e-mail (NAPS), located in Louisa County, [email protected]. Virginia, and Surry Power Station, Unit Mail comments to: Chief, Rules, Nos. 1 and 2 (Surry), located in Surry Announcements and Directives Branch County, Virginia, respectively. The

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bracketed information is specific to properties to be used in various models and and there are no alterations to plant NAPS. methodologies when analyzing Optimized equipment or procedures that would The proposed amendments would ZIRLO. As the nuclear industry pursues introduce any new or unique operational add Optimized ZIRLO as an acceptable longer operating cycles with increased fuel modes or accident precursors. discharge burnup and fuel duty, the Addition of Optimized ZIRLO as another fuel rod cladding material and in corrosion performance requirements for the approved cladding material of similar addition, propose adding the nuclear fuel cladding become more composition and properties as the current Westinghouse topical report for demanding. Optimized ZIRLO was approved cladding materials to the [NAPS Optimized ZIRLO to the analytical developed to meet these industry needs by and] Surry Units 1 and 2 Technical methods used to determine the core providing a reduced corrosion rate while Specifications therefore does not create the operating limits listed in the Technical maintaining the composition and physical possibility of a new or different kind of Specifications (TSs). properties, such as mechanical strength, accident or malfunction from those Before issuance of the proposed similar to standard ZIRLO. In addition, previously evaluated within the UFSAR. license amendment, the Commission margin to the fuel rod design criterion on fuel 3. Does the proposed change involve a rod internal pressure has been impacted by significant reduction in a margin of safety? will have made findings required by the increased fuel duty, use of integral fuel Response: No. Atomic Energy Act of 1954, as amended burnable absorbers, and corrosion/ The cladding materials used for fuel rods (the Act), and the Commission’s temperature feedback effects. Reducing the are designed and tested to prevent excessive regulations. associated corrosion buildup reduces fuel temperatures, excessive fuel rod internal The Commission has made a temperature feedback effects, providing gas pressures due to fission gas releases, and proposed determination that the additional margin to the fuel rod internal excessive cladding stresses and strains. amendment request involves no pressure design criterion. The fuel will Optimized ZIRLO was developed to meet significant hazards consideration. Under continue to satisfy the pertinent design basis these needs while providing a reduced the Commission’s regulations in Title 10 operating limits, so cladding integrity is cladding corrosion rate and maintaining the benefits of mechanical strength and of the Code of Federal Regulations (10 maintained. There are no changes that will adversely affect the ability of existing resistance to accelerated corrosion from CFR), Section 50.92, this means that components and systems to mitigate the potential abnormal chemistry conditions. operation of the facility in accordance consequences of any accident. Addition of Reducing the associated corrosion buildup with the proposed amendment would Optimized ZIRLO to the allowable cladding reduces temperature feedback effects, not (1) involve a significant increase in materials for [NAPS and] Surry Units 1 and providing additional margin to the fuel rod the probability or consequences of an 2 therefore does not result in an increase to internal pressure design criterion. accident previously evaluated; or (2) the probability or consequences of an Westinghouse topical report WCAP–12610– create the possibility of a new or accident previously evaluated. P–A and CENPD–404–P–A, Addendum 1–A, The NRC has allowed use of Optimized ‘‘Optimized ZIRLO,’’ provides the details and different kind of accident from any results of material testing of Optimized accident previously evaluated; or (3) ZIRLO fuel cladding material in Westinghouse fueled reactors provided that ZIRLO compared to standard ZIRLO, as well involve a significant reduction in a licensees ensure compliance with the as the material properties to be used in margin of safety. As required by 10 CFR Conditions and Limitations set forth in the various models and methodologies when 50.91(a), the licensee has provided its NRC Safety Evaluation for the topical report. analyzing Optimized ZIRLO. The NRC has analysis of the issue of no significant Confirmation that these Conditions are allowed use of the Optimized ZIRLO fuel hazards consideration, which is satisfied is performed under 10 CFR 50.59 as cladding material as detailed in their Safety presented below: part of the normal core reload process. Evaluation of this topical report. The original 2. Does the proposed change create the fuel design basis requirements have been 1. Does the proposed change involve a possibility of a new or different kind of maintained, and evaluations will be significant increase in the probability or accident from any accident previously performed under 10 CFR 50.59 for each consequences of an accident previously evaluated? reload cycle that incorporates Optimized evaluated? Response: No. ZIRLO cladding to confirm that design and Response: No. The proposed Technical Specifications safety limits are satisfied. Therefore inclusion The proposed Technical Specifications change adds Optimized ZIRLO to the of Optimized ZIRLO as an additional fuel rod changes are to add Optimized ZIRLO to the approved fuel rod cladding materials that cladding material for [NAPS and] Surry Units allowable or approved cladding materials to may be used at [NAPS and] Surry Units 1 and 1 and 2 does not result in a reduction in be used at [NAPS and] Surry Units 1 and 2 margin required to preclude or reduce the {Surry}. The proposed change of adding a 2. Optimized ZIRLO was developed to provide a reduced cladding corrosion rate effects of an accident or malfunction cladding material does not result in an previously evaluated in the UFSAR. increase to the probability or consequences of while maintaining the benefits of mechanical an accident previously evaluated. Technical strength and resistance to accelerated The NRC staff has reviewed the Specification [4.2.1 for NAPS and] 5.2.1 {for corrosion from potential abnormal chemistry licensee’s analysis and, based on this Surry} addresses the fuel assembly design, conditions. The fuel rod design bases are review, it appears that the three and currently specifies that ‘‘Each assembly established to satisfy the general and specific standards of 10 CFR 50.92(c) are shall consist of a matrix of Zircaloy or ZIRLO safety criteria addressed in the [NAPS satisfied. Therefore, the NRC staff UFSAR, Chapter 15 (Accident Analysis) and] fuel rods * * *’’. The proposed change will proposes to determine that the add Optimized ZIRLO to the approved fuel Surry Units 1 and 2 UFSAR, Chapter 14 rod cladding materials listed in this (Safety Analysis). The fuel rods are designed amendment request involves no Technical Specification. In addition, a to prevent excessive fuel temperatures, significant hazards consideration. reference to the topical report for Optimized excessive fuel rod internal gas pressures due The Commission is seeking public ZIRLO, WCAP–12610–P–A and CENPD–404– to fission gas releases, and excessive cladding comments on this proposed P–A, Addendum 1–A, will be included in the stresses and strains. Westinghouse topical determination. Any comments received listing of approved methods used to report WCAP–12610–P–A and CENPD–404– by September 27, 2010 will be determine the core operating limits for P–A, Addendum 1–A, ‘‘Optimized ZIRLO,’’ considered in making any final [NAPS given in TS 5.6.5 and] Surry Units 1 provides the details and results of material determination. You may submit testing of Optimized ZIRLO compared to and 2 given in Technical Specification 6.2.C. comments using any of the methods Westinghouse topical report WCAP– standard ZIRLO, as well as the material 12610–P–A and CENPD–404–P–A, properties to be used in various models and discussed under the ADDRESSES caption. Addendum 1–A, ‘‘Optimized ZIRLO,’’ methodologies when analyzing Optimized Normally, the Commission will not provides the details and results of material ZIRLO. The original fuel design basis issue the amendment until the testing of Optimized ZIRLO compared to requirements have been maintained. No new expiration of 60 days after the date of standard ZIRLO, as well as the material single failure mechanisms will be created, publication of this notice. The

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Commission may issue the license on the requestor’s/petitioner’s interest. Licensing Board or a Presiding Officer amendment before expiration of the 60- The petition must also identify the that the petition should be granted and/ day period provided that its final specific contentions which the or the contentions should be admitted determination is that the amendment requestor/petitioner seeks to have based upon a balancing of the factors involves no significant hazards litigated at the proceeding. specified in 10 CFR 2.309(c)(1)(i)–(viii). consideration. In addition, the A petition for leave to intervene must A State, county, municipality, Commission may issue the amendment also include a specification of the Federally recognized Indian Tribe, or prior to the expiration of the 30-day contentions that the petitioner seeks to agencies thereof, may submit a petition comment period should circumstances have litigated in the hearing. For each to the Commission to participate as a change during the 30-day comment contention, the requestor/petitioner party under 10 CFR 2.309(d)(2). The period such that failure to act in a must provide a specific statement of the petition should state the nature and timely way would result, for example, issue of law or fact to be raised or extent of the petitioner’s interest in the in derating or shutdown of the facility. controverted, as well as a brief proceeding. The petition should be Should the Commission take action explanation of the basis for the submitted to the Commission by prior to the expiration of either the contention. Additionally, the requestor/ October 26, 2010. The petition must be comment period or the notice period, it petitioner must demonstrate that the filed in accordance with the filing will publish in the Federal Register a issue raised by each contention is instructions in section IV of this notice of issuance. Should the within the scope of the proceeding and document, and should meet the Commission make a final No Significant is material to the findings the NRC must requirements for petitions for leave to Hazards Consideration Determination, make to support the granting of a license intervene set forth in this section, any hearing will take place after amendment in response to the except that State and Federally issuance. The Commission expects that application. The petition must include a recognized Indian tribes do not need to the need to take this action will occur concise statement of the alleged facts or address the standing requirements in 10 very infrequently. expert opinions which support the CFR 2.309(d)(1) if the facility is located position of the requestor/petitioner and within its boundaries. The entities listed II. Opportunity To Request a Hearing on which the requestor/petitioner above could also seek to participate in Requirements for hearing requests and intends to rely at hearing, together with a hearing as a nonparty pursuant to 10 petitions for leave to intervene are references to the specific sources and CFR 2.315(c). found in 10 CFR 2.309, ‘‘Hearing documents on which the requestor/ Any person who does not wish, or is requests, petitions to intervene, petitioner intends to rely. Finally, the not qualified, to become a party to this requirements for standing, and petition must provide sufficient proceeding may request permission to contentions.’’ Interested persons should information to show that a genuine make a limited appearance pursuant to consult 10 CFR Part 2, Section 2.309, dispute exists with the applicant on a the provisions of 10 CFR 2.315(a). A which is available at the NRC’s Public material issue of law or fact, including person making a limited appearance Document Room (PDR), located at O1 references to specific portions of the may make an oral or written statement F21, One White Flint North, 11555 application for amendment that the of position on the issues, but may not Rockville Pike, Rockville, MD 20852 (or requestor/petitioner disputes and the otherwise participate in the proceeding. call the PDR at 800–397–4209 or 301– supporting reasons for each dispute, or, A limited appearance may be made at 415–4737). NRC regulations are also if the requestor/petitioner believes that any session of the hearing or at any accessible electronically from the NRC’s the application for amendment fails to prehearing conference, subject to such Electronic Reading Room on the NRC contain information on a relevant matter limits and conditions as may be Web site at http://www.nrc.gov. as required by law, the identification of imposed by the Licensing Board. III. Petitions for Leave To Intervene each failure and the supporting reasons Persons desiring to make a limited for the requestor’s/petitioner’s belief. appearance are requested to inform the Any person whose interest may be Each contention must be one which, if Secretary of the Commission by October affected by this proceeding and who proven, would entitle the requestor/ 26, 2010. wishes to participate as a party in the petitioner to relief. If a hearing is requested, the proceeding must file a written petition Those permitted to intervene become Commission will make a final for leave to intervene. As required by 10 parties to the proceeding, subject to any determination on the issue of no CFR 2.309, a petition for leave to limitations in the order granting leave to significant hazards consideration. The intervene shall set forth with intervene, and have the opportunity to final determination will serve to decide particularity the interest of the participate fully in the conduct of the when the hearing is held. If the final requestor/petitioner in the proceeding hearing with respect to resolution of determination is that the amendment and how that interest may be affected by that person’s admitted contentions, request involves no significant hazards the results of the proceeding. The including the opportunity to present consideration, the Commission may petition must provide the name, evidence and to submit a cross- issue the amendment and make it address, and telephone number of the examination plan for cross-examination immediately effective, notwithstanding requestor or petitioner and specifically of witnesses, consistent with NRC the request for a hearing. Any hearing explain the reasons why the regulations, policies, and procedures. held would take place after issuance of intervention should be permitted with The Licensing Board will set the time the amendment. If the final particular reference to the following and place for any prehearing determination is that the amendment factors: (1) The nature of the requestor’s/ conferences and evidentiary hearings, request involves a significant hazards petitioner’s right under the Act to be and the appropriate notices will be consideration, any hearing held would made a party to the proceeding; (2) the provided. take place before the issuance of any nature and extent of the requestor’s/ Non-timely petitions for leave to amendment. petitioner’s property, financial, or other intervene and contentions, amended interest in the proceeding; and (3) the petitions, and supplemental petitions IV. Electronic Submissions (E-Filing) possible effect of any decision or order will not be entertained absent a All documents filed in NRC which may be entered in the proceeding determination by the Commission, the adjudicatory proceedings, including a

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request for hearing, a petition for leave in from the NRC Web site. Further 0001, Attention: Rulemaking and to intervene, any motion or other information on the Web-based Adjudications Staff; or (2) courier, document filed in the proceeding prior submission form, including the express mail, or expedited delivery to the submission of a request for installation of the Web browser plug-in, service to the Office of the Secretary, hearing or petition to intervene, and is available on the NRC’s public Web Sixteenth Floor, One White Flint North, documents filed by interested site at http://www.nrc.gov/site-help/e- 11555 Rockville Pike, Rockville, governmental entities participating submittals.html. Maryland 20852, Attention: Rulemaking under 10 CFR 2.315(c), must be filed in Once a participant has obtained a and Adjudications Staff. Participants accordance with the NRC E-Filing rule digital ID certificate and a docket has filing a document in this manner are (72 FR 49139, August 28, 2007). The E- been created, the participant can then responsible for serving the document on Filing process requires participants to submit a request for hearing or petition all other participants. Filing is submit and serve all adjudicatory for leave to intervene. Submissions considered complete by first-class mail documents over the Internet, or in some should be in Portable Document Format as of the time of deposit in the mail, or cases to mail copies on electronic (PDF) in accordance with NRC guidance by courier, express mail, or expedited storage media. Participants may not available on the NRC public Web site at delivery service upon depositing the submit paper copies of their filings http://www.nrc.gov/site-help/e- document with the provider of the unless they seek an exemption in submittals.html. A filing is considered service. A presiding officer, having accordance with the procedures complete at the time the documents are granted an exemption request from described below. submitted through the NRC’s E-Filing using E-Filing, may require a participant To comply with the procedural system. To be timely, an electronic or party to use E-Filing if the presiding requirements of E-Filing, at least ten filing must be submitted to the E-Filing officer subsequently determines that the (10) days prior to the filing deadline, the system no later than 11:59 p.m. Eastern reason for granting the exemption from participant should contact the Office of Time on the due date. Upon receipt of use of E-Filing no longer exists. the Secretary by e-mail at a transmission, the E-Filing system Documents submitted in adjudicatory [email protected], or by telephone time-stamps the document and sends proceedings will appear in NRC’s at 301–415–1677, to request (1) a digital the submitter an e-mail notice electronic hearing docket which is ID certificate, which allows the confirming receipt of the document. The available to the public at http:// participant (or its counsel or E-Filing system also distributes an e- ehd.nrc.gov/EHD_Proceeding/home.asp, representative) to digitally sign mail notice that provides access to the unless excluded pursuant to an order of documents and access the E-Submittal document to the NRC Office of the the Commission, or the presiding server for any proceeding in which it is General Counsel and any others who officer. Participants are requested not to participating; and (2) advise the have advised the Office of the Secretary include personal privacy information, Secretary that the participant will be that they wish to participate in the such as social security numbers, home submitting a request or petition for proceeding, so that the filer need not addresses, or home phone numbers in hearing (even in instances in which the serve the documents on those their filings, unless an NRC regulation participant, or its counsel or participants separately. Therefore, or other law requires submission of such representative, already holds an NRC- applicants and other participants (or information. With respect to issued digital ID certificate). Based upon their counsel or representative) must copyrighted works, except for limited this information, the Secretary will apply for and receive a digital ID excerpts that serve the purpose of the establish an electronic docket for the certificate before a hearing request/ adjudicatory filings and would hearing in this proceeding if the petition to intervene is filed so that they constitute a Fair Use application, Secretary has not already established an can obtain access to the document via participants are requested not to include electronic docket. the E-Filing system. copyrighted materials in their Information about applying for a A person filing electronically using submission. digital ID certificate is available on the agency’s adjudicatory E-Filing Petitions for leave to intervene must NRC’s public Web site at http:// system may seek assistance by be filed no later than 60 days from www.nrc.gov/site-help/e-submittals/ contacting the NRC Meta System Help August 27, 2010. Non-timely filings will apply-certificates.html. System Desk through the ‘‘Contact Us’’ link not be entertained absent a requirements for accessing the E- located on the NRC Web site at http:// determination by the presiding officer Submittal server are detailed in NRC’s www.nrc.gov/site-help/e- that the petition or request should be ‘‘Guidance for Electronic Submission,’’ submittals.html, by e-mail at granted or the contentions should be which is available on the agency’s [email protected], or by a toll- admitted, based on a balancing of the public Web site at http://www.nrc.gov/ free call at 866–672–7640. The NRC factors specified in 10 CFR site-help/e-submittals.html. Participants Meta System Help Desk is available 2.309(c)(1)(i)–(viii). may attempt to use other software not between 8 a.m. and 8 p.m., Eastern Attorney for licensee: Lillian M. listed on the Web site, but should note Time, Monday through Friday, Cuoco, Esq., Senior Counsel, Dominion that the NRC’s E-Filing system does not excluding government holidays. Resources Services, Inc., 120 Tredegar support unlisted software, and the NRC Participants who believe that they St., RS–2, Richmond, VA 23219. Meta System Help Desk will not be able have a good cause for not submitting to offer assistance in using unlisted documents electronically must file an Order Imposing Procedures for Access software. exemption request, in accordance with to Sensitive Unclassified Non- If a participant is electronically 10 CFR 2.302(g), with their initial paper Safeguards Information for Contention submitting a document to the NRC in filing requesting authorization to Preparation accordance with the E-Filing rule, the continue to submit documents in paper A. This Order contains instructions participant must file the document format. Such filings must be submitted regarding how potential parties to this using the NRC’s online, Web-based by: (1) First-class mail addressed to the proceeding may request access to submission form. In order to serve Office of the Secretary of the documents containing Sensitive documents through EIE, users will be Commission, U.S. Nuclear Regulatory Unclassified Non-Safeguards required to install a Web browser plug- Commission, Washington, DC 20555– Information (SUNSI).

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B. Within 10 days after publication of D. Based on an evaluation of the proceeding; (b) if no presiding officer this notice of hearing and opportunity to information submitted under paragraph has been appointed, the Chief petition for leave to intervene, any C.(3) the NRC staff will determine Administrative Judge, or if he or she is potential party who believes access to within 10 days of receipt of the request unavailable, another administrative SUNSI is necessary to respond to this whether: judge, or an administrative law judge notice may request such access. A (1) There is a reasonable basis to with jurisdiction pursuant to 10 CFR ‘‘potential party’’ is any person who believe the petitioner is likely to 2.318(a); or (c) if another officer has intends to participate as a party by establish standing to participate in this been designated to rule on information demonstrating standing and filing an NRC proceeding; and access issues, with that officer. admissible contention under 10 CFR (2) The requester has established a H. Review of Grants of Access. A 2.309. Requests for access to SUNSI legitimate need for access to SUNSI. party other than the requestor may E. If the NRC staff determines that the submitted later than 10 days after challenge an NRC staff determination requestor satisfies both D.(1) and D.(2) publication will not be considered granting access to SUNSI whose release above, the NRC staff will notify the absent a showing of good cause for the would harm that party’s interest requestor in writing that access to late filing, addressing why the request independent of the proceeding. Such a SUNSI has been granted. The written could not have been filed earlier. challenge must be filed with the Chief notification will contain instructions on C. The requester shall submit a letter Administrative Judge within 5 days of how the requestor may obtain copies of requesting permission to access SUNSI the notification by the NRC staff of its the requested documents, and any other to the Office of the Secretary, U.S. grant of access. conditions that may apply to access to Nuclear Regulatory Commission, those documents. These conditions may If challenges to the NRC staff Washington, DC 20555–0001, Attention: include, but are not limited to, the determinations are filed, these Rulemakings and Adjudications Staff, signing of a Non-Disclosure Agreement procedures give way to the normal and provide a copy to the Associate or Affidavit, or Protective Order 2 setting process for litigating disputes General Counsel for Hearings, forth terms and conditions to prevent concerning access to information. The Enforcement and Administration, Office the unauthorized or inadvertent availability of interlocutory review by of the General Counsel, Washington, DC disclosure of SUNSI by each individual the Commission of orders ruling on 20555–0001. The expedited delivery or who will be granted access to SUNSI. such NRC staff determinations (whether courier mail address for both offices is: F. Filing of Contentions. Any granting or denying access) is governed U.S. Nuclear Regulatory Commission, 3 contentions in these proceedings that by 10 CFR 2.311. 11555 Rockville Pike, Rockville, are based upon the information received I. The Commission expects that the Maryland 20852. The e-mail address for as a result of the request made for NRC staff and presiding officers (and the Office of the Secretary and the SUNSI must be filed by the requestor no any other reviewing officers) will Office of the General Counsel are later than 25 days after the requestor is consider and resolve requests for access [email protected] and granted access to that information. to SUNSI, and motions for protective [email protected], respectively.1 However, if more than 25 days remain orders, in a timely fashion in order to The request must include the following between the date the petitioner is minimize any unnecessary delays in information: granted access to the information and identifying those petitioners who have (1) A description of the licensing the deadline for filing all other standing and who have propounded action with a citation to this Federal contentions (as established in the notice contentions meeting the specificity and Register notice; of hearing or opportunity for hearing), basis requirements in 10 CFR Part 2. (2) The name and address of the the petitioner may file its SUNSI Attachment 1 to this Order summarizes potential party and a description of the contentions by that later deadline. the general target schedule for potential party’s particularized interest G. Review of Denials of Access. processing and resolving requests under that could be harmed by the action (1) If the request for access to SUNSI these procedures. identified in C.(1); and is denied by the NRC staff either after It Is So Ordered. (3) The identity of the individual or a determination on standing and need Dated at Rockville, Maryland, this 23rd day entity requesting access to SUNSI and for access, or after a determination on of August 2010. the requestor’s basis for the need for the trustworthiness and reliability, the NRC For the Commission. information in order to meaningfully staff shall immediately notify the Annette L. Vietti-Cook, participate in this adjudicatory requestor in writing, briefly stating the Secretary of the Commission. proceeding. In particular, the request reason or reasons for the denial. must explain why publicly-available (2) The requester may challenge the Attachment 1—General Target versions of the information requested NRC staff’s adverse determination by Schedule for Processing and Resolving would not be sufficient to provide the filing a challenge within 5 days of Requests for Access to Sensitive basis and specificity for a proffered receipt of that determination with: (a) Unclassified Non-Safeguards contention. The presiding officer designated in this Information in This Proceeding

Day Event/activity

0 ...... Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instruc- tions for access requests.

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

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Day Event/activity

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

[FR Doc. 2010–21345 Filed 8–26–10; 8:45 am] component, or preplanned preventive site, http://www.nrc.gov/reading-rm/ BILLING CODE 7590–01–P maintenance or testing. The licensee adams.html. Persons who do not have also proposed to revise the Completion access to ADAMS or who encounter Times for Required Actions B.3.1 and problems in accessing the documents NUCLEAR REGULATORY B.3.2 to specify a Completion Time located in ADAMS should contact the COMMISSION based on the discovery of an issue or NRC PDR Reference staff by telephone failure of the DG. at 1–800–397–4209, or 301–415–4737 or [Docket No. 50–482; NRC–2010–0286] The Commission had previously by e-mail to [email protected]. Wolf Creek Nuclear Operating issued a Notice of Consideration of Dated at Rockville, Maryland this 20th day Corporation; Notice of Withdrawal of Issuance of Amendment published in of August 2010. Application for Amendment to the Federal Register on January 26, For the Nuclear Regulatory Commission. Renewed Facility Operating License 2010 (75 FR 4121). However, by letter Balwant K. Singal, dated August 10, 2010, the licensee Senior Project Manager, Plant Licensing The U.S. Nuclear Regulatory withdrew the proposed change. Branch IV, Division of perating Reactor Commission (NRC, the Commission) has For further details with respect to this Licensing, Office of Nuclear Reactor granted the request of Wolf Creek action, see the application for Regulation. Nuclear Operating Corporation (the amendment dated November 20, 2009 [FR Doc. 2010–21344 Filed 8–26–10; 8:45 am] licensee) to withdraw its application (Agencywide Documents Access and BILLING CODE 7590–01–P dated November 20, 2009, as Management System (ADAMS) supplemented by letter dated April 6, Accession No. ML093310430), as 2010, for a proposed amendment to supplemented by letter dated April 6, Renewed Facility Operating License No. 2010 (ADAMS Accession No. POSTAL REGULATORY COMMISSION NPF–42 for the Wolf Creek Generating ML101031093), and the licensee’s letter Station, located in Coffey County, dated August 10, 2010 (ADAMS [Docket Nos. MC2010–35, R2010–5, R2010– Kansas. Accession No. ML102300387), which 6; Order No. 518] The proposed amendment would withdrew the application for license New Postal Product have revised the facility technical amendment. Documents may be specifications (TSs) pertaining to TS examined, and/or copied for a fee, at the AGENCY: Postal Regulatory Commission. 3.8.1, ‘‘AC [Alternating Current] NRC’s Public Document Room (PDR), ACTION: Notice. Sources—Operating,’’ by adding a note located at One White Flint North, Public to the Required Actions B.3.1 and B.3.2 File Area O1 F21, 11555 Rockville Pike SUMMARY: The Commission is noticing a to indicate that the TS 3.8.1 Required (first floor), Rockville, Maryland. recently-filed Postal Service request to Actions B.3.1 and B.3.2 are satisfied if Publicly available records will be add Inbound Market Dominant Multi- the diesel generator (DG) became accessible electronically from the Service Agreements with Foreign Postal inoperable due to an inoperable support ADAMS Public Electronic Reading Operators 1 to the market dominant system, an independently testable Room on the Internet at the NRC Web product list. This notice addresses

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procedural steps associated with the listed along with any subsequent Functional equivalency. The Request filing. functionally equivalent agreements as advances reasons why the agreements DATES: Comments are due: August 31, part of a single product grouping on the are functionally equivalent to one 2010. market dominant product list. Id. at 2. another and contain the same attributes The TNT Agreement and CPG and methodology. Id. at 12–13. The ADDRESSES: Submit comments Agreement have been assigned Docket Postal Service asserts that both electronically via the Commission’s Nos. R2010–5 and R2010–6, agreements fit within the proposed MCS Filing Online system at http:// respectively. language, are with foreign postal www.prc.gov. Commenters who cannot In support of its Request, the Postal operators, conform to a common submit their views electronically should Service filed four attachments as description, and include similar terms contact the person identified in the FOR follows: and conditions. FURTHER INFORMATION section by 1. Attachment 1—proposed Mail The Postal Service identifies specific telephone for advice on alternatives to Classification Schedule (MCS) language terms that distinguish the agreements electronic filing. for Inbound Market Dominant Multi- from one another, all of which are FOR FURTHER INFORMATION CONTACT: Service Agreements with Foreign Postal highlighted in the Request. Id. at 12–14. Stephen L. Sharfman, General Counsel, Operators; These include electronic settlement, [email protected] or 202–789– 2. Attachment 2—Statement of termination, dispute resolution, and 6820. Supporting Justification required by 39 other differences. The Postal Service SUPPLEMENTARY INFORMATION: CFR 3020.32; contends that the agreements 3. Attachments 3A and 3B—redacted nonetheless are functionally equivalent Table of Contents copies of each agreement; and to each other and ‘‘[t]he Postal Service I. Introduction 4. Attachment 4—an application for does not consider that the specified II. Notice of Filing non–public treatment of materials to differences affect either the fundamental III. Ordering Paragraphs maintain redacted portions of the service the Postal Service is offering or agreements and supporting documents the fundamental structure of the I. Introduction under seal. contracts.’’ Id. XI.In its Request, the On August 13, 2010, the Postal Related agreements. Parties to the Postal Service maintains that certain Service filed a request pursuant to 39 TNT Agreement are the Postal Service portions of the agreements and related U.S.C. 3622(c)(10) and 3642, and 39 and subsidiaries of the postal operator financial information should remain CFR 3010.40 et seq. and 3020.30 et seq. for the Netherlands. The instant under seal. Id., Attachment 4. to add Inbound Market Dominant agreement covers inbound Letter Post in In the Statement of Supporting Multi–Service Agreements with Foreign the form of letters, flats, small packets, Justification, Lea Emerson, Executive Postal Operators 1 (Multi–Service bags, containers, and International Director, International Postal Affairs, Agreements 1) to the market dominant Registered Mail service for Letter Post. reviews the factors of section 3622(c) product list.1 This Request has been Id. at 4. It also includes a placeholder and concludes, inter alia, that the assigned Docket No. MC2010–35. for additional ancillary services at rates revenues generated will cover the The Postal Service yet to be determined. Id. attributable costs of the services offered contemporaneously gave notice, The CPG Agreement with the postal under the agreements and that the rates pursuant to 39 CFR 3010.40 et seq. and operator of the People’s Republic of are preferable to default rates set by the 39 CFR 3015.5, that the Governors have China includes the same inbound Letter UPU. Id., Attachment 4, at 2–3. The authorized Type 2 rate adjustments for Post items, plus delivery confirmation Request also addresses the requirements negotiated service agreements in scanning with Letter Post small packets. of 39 U.S.C. 3622 and 39 CFR 3020.30 accordance with 39 CFR 3010.40 et seq. Id. The scheduled effective date for both et seq. Id. at 10–11; Attachment 4 at 5– that will result generally in more agreements is October 1, 2010. Id. at 3. 9. remunerative rates than the default rates The Postal Service states its filings The Postal Service asserts its filings set by the Universal Postal Union (UPU) comply with 39 CFR 3010.40 et seq. for demonstrate compliance with the Acts for inbound Letter Post items. Id. the implementation of the negotiated statute. It requests that Inbound Market Additionally, the Postal Service filed service agreements. The Request Dominant Multi–Service Agreements two functionally equivalent Multi– identifies various performance attributes With Foreign Postal Operators 1 be Service Agreements 1 described as associated with the agreements, e.g., added to the market dominant product follows: electronic settlement and payment list. Id. at 11–15. processes. Id. at 5–6. 1.The Strategic Bilateral Agreement II. Notice of Filing Between United States Postal Service Under 39 CFR 3010.43, the Postal and Koninklijke TNT Post BV and TNT Service is required to submit a data The Commission establishes Docket Post Pakketservice Benelux BV, collection plan. In response, the Postal Nos. MC2010–35, R2010–5 and R2010– collectively ‘‘TNT Post’’ (TNT Service indicated that it intends to 6 for consideration of the Request Agreement); and report information on these agreements pertaining to the proposed Inbound 2.China Post Group—United States through its Annual Compliance Report. Market Dominant Multi-Service Postal Service Letter Post Bilateral While indicating its willingness to Agreements with Foreign Postal Agreement (CPG Agreement). provide information on mail flows Operators 1, and the related rates and The Postal Service requests that the within the annual compliance review classifications, respectively. In keeping two Multi–Service Agreements 1 be process, the Postal Service proposes that with practice, these dockets are no special data collection plan be addressed on a consolidated basis for 1 Request of United States Postal Service to Add established for these agreements. With purposes of this Order; however, future Inbound Market Dominant Multi–Service respect to performance measurement, it filings should be made in the specific Agreements with Foreign Postal Operators to the requests that the Commission exempt docket in which issues being addressed Market Dominant Product List, Notice of Type 2 Rate Adjustments, and Notice of Filing Two these agreements from separate pertain. Functionally Equivalent Agreements (Under Seal), reporting requirements under 39 CFR Interested persons may submit August 13, 2010 (Request). 3055.3. Id. at 8–9. comments on whether the Postal

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Service’s filings in the captioned U.S. Small Business Administration, Economic Injury (EIDL) Loan dockets are consistent with the policies 409 3rd Street, SW., Suite 6050, Application Deadline Date: 05/03/2011. of 39 U.S.C. 3622, 3642, or Washington, DC 20416. ADDRESSES: Submit completed loan 39 CFR part 3010.40, and 39 CFR SUPPLEMENTARY INFORMATION: Notice is applications to: U.S. Small Business 3020 subpart B. Comments are due no hereby given that as a result of the Administration, Processing and later than August 31, 2010. The public President’s major disaster declaration on Disbursement Center, 14925 Kingsport portions of these filings can be accessed 08/17/2010, Private Non-Profit Road, Fort Worth, TX 76155. via the Commission’s website (http:// organizations that provide essential FOR FURTHER INFORMATION CONTACT: A. www.prc.gov). services of governmental nature may file Escobar, Office of Disaster Assistance, The Commission appoints Paul L. disaster loan applications at the address U.S. Small Business Administration, Harrington to serve as Public listed above or other locally announced 409 3rd Street, SW., Suite 6050, Representative in these dockets. locations. Washington, DC 20416. III. Ordering Paragraphs The following areas have been SUPPLEMENTARY INFORMATION: The notice determined to be adversely affected by of the President’s major disaster It is ordered: the disaster: 1. The Commission establishes Docket declaration for Private Non-Profit Primary Counties: Adair, Andrew, organizations in the State of TEXAS, Nos. MC2010–35, R2010–5 and R2010– Atchison, Buchanan, Caldwell, 6 for consideration of the issues raised dated 08/03/2010, is hereby amended to Carroll, Cass, Chariton, Clark, establish the incident period for this in this docket. Clinton, Daviess, Dekalb, Gentry, 2. Comments by interested persons in disaster as beginning 06/30/2010 and Grundy, Harrison, Holt, Howard, continuing through 08/14/2010. these proceedings are due no later than Jackson, Lafayette, Lewis, August 31, 2010. All other information in the original Livingston, Mercer, Nodaway, declaration remains unchanged. 3. Pursuant to 39 U.S.C. 505, Paul L. Putnam, Ray, Schuyler, Scotland, Harrington is appointed to serve as Sullivan, Worth. (Catalog of Federal Domestic Assistance officer of the Commission (Public The Interest Rates are: Numbers 59002 and 59008) Representative) to represent the interest Lisa Lopez-Suarez, of the general public in these Percent proceedings. Acting Associate Administrator for Disaster Assistance. 4. The Secretary shall arrange for For Physical Damage: publication of this order in the Federal Non-Profit Organizations with [FR Doc. 2010–21417 Filed 8–26–10; 8:45 am] Register. Credit Available Elsewhere ...... 3.625 BILLING CODE 8025–01–P Non-Profit Organizations without By the Commission. Credit Available Elsewhere ...... 3.000 Shoshana M. Grove, For Economic Injury: SMALL BUSINESS ADMINISTRATION Secretary. Non-Profit Organizations without [Disaster Declaration #12290 and #12291] [FR Doc. 2010–21329 Filed 8–26–10; 8:45 am] Credit Available Elsewhere ...... 3.000 BILLING CODE 7710–FW–S Illinois Disaster #IL–00025 The number assigned to this disaster for physical damage is 12283B and for AGENCY: U.S. Small Business economic injury is 12284B. SMALL BUSINESS ADMINISTRATION Administration. (Catalog of Federal Domestic Assistance ACTION: Notice. [Disaster Declaration #12283 and #12284] Numbers 59002 and 59008) SUMMARY: This is a Notice of the Missouri Disaster #MO–00041 Lisa Lopez-Suarez, Presidential declaration of a major Acting Associate Administrator for Disaster AGENCY: disaster for the State of Illinois (FEMA– U.S. Small Business Assistance. Administration. 1935–DR), dated 08/19/2010. [FR Doc. 2010–21413 Filed 8–26–10; 8:45 am] Incident: Severe Storms and Flooding. ACTION: Notice. BILLING CODE 8025–01–P Incident Period: 07/22/2010 through SUMMARY: This is a Notice of the 08/07/2010. Presidential declaration of a major DATES: Effective Date: 08/19/2010. SMALL BUSINESS ADMINISTRATION disaster for Public Assistance Only for Physical Loan Application Deadline the State of MISSOURI (FEMA–1934– [Disaster Declaration #12268 and #12269] Date: 10/18/2010. DR), dated 08/17/2010. Economic Injury (EIDL) Loan Incident: Severe Storms, Flooding, Texas Disaster Number TX–00362 Application Deadline Date: 05/19/2011. and Tornadoes. ADDRESSES: Submit completed loan AGENCY: U.S. Small Business Incident Period: 06/12/2010 through Administration. applications to: U.S. Small Business 07/31/2010. Administration, Processing and ACTION: Amendment 2. DATES: Effective Date: 08/17/2010. Disbursement Center, 14925 Kingsport Physical Loan Application Deadline SUMMARY: This is an amendment of the Road, Fort Worth, TX 76155. Date: 10/18/2010. Presidential declaration of a major FOR FURTHER INFORMATION CONTACT: A. Economic Injury (EIDL) Loan disaster for Public Assistance Only for Escobar, Office of Disaster Assistance, Application Deadline Date: 05/17/2011. the State of Texas (FEMA–1931–DR), U.S. Small Business Administration, ADDRESSES: Submit completed loan dated 08/03/2010. 409 3rd Street, SW., Suite 6050, applications to: U.S. Small Business Incident: Hurricane Alex. Washington, DC 20416. Administration, Processing and Incident Period: 06/30/2010 through SUPPLEMENTARY INFORMATION: Notice is Disbursement Center, 14925 Kingsport 08/14/2010. hereby given that as a result of the Road, Fort Worth, TX 76155. DATES: Effective Date: 08/14/2010. President’s major disaster declaration on FOR FURTHER INFORMATION CONTACT: A. Physical Loan Application Deadline 08/19/2010, applications for disaster Escobar, Office of Disaster Assistance, Date: 10/04/2010. loans may be filed at the address listed

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above or other locally announced Incident Period: 06/30/2010 and SUPPLEMENTARY INFORMATION: The notice locations. continuing through 08/14/2010. of the President’s major disaster The following areas have been DATES: Effective Date: 08/14/2010. declaration for Private Non-Profit determined to be adversely affected by Physical Loan Application Deadline organizations in the State of Texas, the disaster: Date: 10/04/2010. dated 08/03/2010, is hereby amended to Primary Counties (Physical Damage and EIDL Loan Application Deadline Date: include the following areas as adversely Economic Injury Loans): 05/03/2011. affected by the disaster. Carroll, Cook, Dupage, Jo Daviess, ADDRESSES: Submit completed loan Primary Counties: Dawson. Ogle, Stephenson, Winnebago. applications to: U.S. Small Business All other information in the original Contiguous Counties (Economic Injury Administration, Processing and declaration remains unchanged. Loans Only): Disbursement Center, 14925 Kingsport (Catalog of Federal Domestic Assistance Illinois: Boone, Dekalb, Kane, Road, Fort Worth, TX 76155. Numbers 59002 and 59008) Kendall, Lake, Lee, Mchenry, FOR FURTHER INFORMATION CONTACT: A. Whiteside, Will. Escobar, Office of Disaster Assistance, Lisa Lopez-Suarez, Iowa: Clinton, Dubuque, Jackson. U.S. Small Business Administration, Acting Associate Administrator for Disaster Indiana: Lake. 409 3rd Street, SW., Suite 6050, Assistance. Wisconsin: Grant, Green, Lafayette, Washington, DC 20416. [FR Doc. 2010–21435 Filed 8–26–10; 8:45 am] Rock. BILLING CODE 8025–01–P SUPPLEMENTARY INFORMATION: The notice The Interest Rates are: of the President’s major disaster declaration for the State of TEXAS, SMALL BUSINESS ADMINISTRATION Percent dated 08/03/2010 is hereby amended to establish the incident period for this For Physical Damage: Small Business Size Standards: Homeowners With Credit Avail- disaster as beginning 06/30/2010 and Waiver of the Nonmanufacturer Rule able Elsewhere ...... 5.000 continuing through 08/14/2010. AGENCY: U.S. Small Business Homeowners Without Credit All other information in the original Available Elsewhere ...... 2.500 declaration remains unchanged. Administration. ACTION: Notice of intent to waive the Businesses With Credit Avail- (Catalog of Federal Domestic Assistance able Elsewhere ...... 6.000 Numbers 59002 and 59008) Nonmanufacturer Rule for Woven and Businesses Without Credit Knit impregnated with Flat Dipped Available Elsewhere ...... 4.000 Lisa Lopez-Suarez, Rubber/Plastic Gloves. Non-Profit Organizations With Credit Available Elsewhere ... 3.625 Acting Associate Administrator for Disaster SUMMARY: The U.S. Small Business Non-Profit Organizations With- Assistance. Administration (SBA) is considering out Credit Available Else- [FR Doc. 2010–21431 Filed 8–26–10; 8:45 am] granting a class waiver of the where ...... 3.000 BILLING CODE 8025–01–P Nonmanufacturer Rule for Glove and For Economic Injury: Mitten Manufacturing. On August 13, Businesses & Small Agricultural 2010, SBA received a request that a Cooperatives Without Credit SMALL BUSINESS ADMINISTRATION Available Elsewhere ...... 4.000 class waiver be granted for woven and Non-Profit Organizations With- [Disaster Declaration #12268 and #12269] knit impregnated with flat dipped out Credit Available Else- rubber/plastic gloves, under the North where ...... 3.000 Texas Disaster Number TX–00362 American Industry Classification System (NAICS) code 315992 (Glove AGENCY: U.S. Small Business and Mitten Manufacturing). According The number assigned to this disaster Administration. for physical damage is 122906 and for to the request, no small business ACTION: economic injury is 122910. Amendment 3. manufacturers supply this class of (Catalog of Federal Domestic Assistance SUMMARY: This is an amendment of the products to the Federal government. Numbers 59002 and 59008) Presidential declaration of a major Thus, SBA is seeking information on disaster for Public Assistance Only for whether there are small business Woven James E. Rivera, the State of TEXAS (FEMA–1931–DR), and Knit impregnated with Flat Dipped Associate Administrator for Disaster dated 08/03/2010. Rubber/Plastic Gloves manufacturers. If Assistance. Incident: Hurricane Alex. granted, the waiver would allow [FR Doc. 2010–21420 Filed 8–26–10; 8:45 am] Incident Period: 06/30/2010 through otherwise qualified small businesses to BILLING CODE 8025–01–P 08/14/2010. supply the products of any DATES: Effective Date: 08/18/2010. manufacturer on a Federal contract set Physical Loan Application Deadline aside for small businesses, Service- SMALL BUSINESS ADMINISTRATION Date: 10/04/2010. Disabled Veteran-Owned (SDVO) small [Disaster Declaration #12266 and #12267] Economic Injury (EIDL) Loan businesses or Participants in the SBA’s Application Deadline Date: 05/03/2011. 8(a) Business Development (BD) Texas Disaster Number TX–00361 ADDRESSES: Submit completed loan program. AGENCY: U.S. Small Business applications to: U.S. Small Business DATES: Comments and source Administration. Administration, Processing and information must be submitted Disbursement Center, 14925 Kingsport September 13, 2010. ACTION: Amendment 1. Road, Fort Worth, TX 76155. ADDRESSES: You may submit comments SUMMARY: This is an amendment of the FOR FURTHER INFORMATION CONTACT: A. and source information to Amy Garcia, Presidential declaration of a major Escobar, Office of Disaster Assistance, Procurement Analyst, Small Business disaster for the State of Texas (FEMA– U.S. Small Business Administration, Administration, Office of Government 1931–DR), dated 08/03/2010. 409 3rd Street, SW., Suite 6050, Contracting, 409 3rd Street, SW., Suite Incident: Hurricane Alex. Washington, DC 20416. 8800, Washington, DC 20416.

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FOR FURTHER INFORMATION CONTACT: Ms. granting a class waiver of the manufacturer must have submitted a Amy Garcia, Procurement Analyst, by Nonmanufacturer Rule for Optical proposal for a contract solicitation or telephone at (202) 205–6842; by FAX at Instrument and Lens Manufacturing. On received a contract from the Federal (202) 481–1630; or by e-mail at August 13, 2010, SBA received a request government within the last 24 months. [email protected]. that a class waiver be granted for GEN 13 CFR 121.1202(c). The SBA defines SUPPLEMENTARY INFORMATION: Section II and GEN III Image Intensifier Tubes, ‘‘class of products’’ based on the Office 8(a)(17) of the Small Business Act (Act), Product Service Code (PSC) 5855, Night of Management and Budget’s NAICS. 15 U.S.C. 637(a)(17), and SBA’s Vision Equipment, Emitted and In addition, SBA uses PSCs to further implementing regulations require that Reflected Radiation, under the North identify particular products within the recipients of Federal supply contracts American Industry Classification NAICS code to which a waiver would set aside for small businesses, SDVO System (NAICS) code 333314 (Optical apply. The SBA may then identify a small businesses, or Participants in the Instrument and Lens Manufacturing). specific item within a PSC and NAICS SBA’s 8(a) BD Program provide the According to the request, no small to which a class waiver would apply. product of a small business business manufacturers supply these classes of products to the Federal The SBA is currently processing a manufacturer or processor, if the request to waive the Nonmanufacturer recipient is other than the actual government. Thus, SBA is seeking information on whether there are small Rule for GEN II and GEN III Image manufacturer or processor of the Intensifier Tubes, PSC 5855, Night product. This requirement is commonly business GEN II and GEN III image intensifier tube manufacturers. If Vision Equipment, Emitted and referred to as the Nonmanufacturer Reflected Radiation, under NAICS code Rule. 13 CFR 121.406(b), 125.15(c). granted, the waiver would allow otherwise qualified small businesses to 333314 (Optical Instrument and Lens Section 8(a)(17)(b)(iv) of the Act Manufacturing). The public is invited to authorizes SBA to waive the supply the products of any comment or provide source information Nonmanufacturer Rule for any ‘‘class of manufacturer on a Federal contract set to SBA on the proposed waiver of the products’’ for which there are no small aside for small businesses, Service- Nonmanufacturer Rule for the product business manufacturers or processors Disabled Veteran-Owned (SDVO) small within 15 days after date of publication available to participate in the Federal businesses or Participants in the SBA’s in the Federal Register and on market. 8(a) Business Development (BD) FedBizOpps.gov. In order to be considered available to program. participate in the Federal market for a DATES: Comments and source Karen Hontz, class of products, a small business information must be submitted Director, Office of Government Contracting. manufacturer must have submitted a September 13, 2010. [FR Doc. 2010–21427 Filed 8–26–10; 8:45 am] proposal for a contract solicitation or ADDRESSES: You may submit comments BILLING CODE 8025–01–P received a contract from the Federal and source information to Amy Garcia, government within the last 24 months. Procurement Analyst, Small Business 13 CFR 121.1202(c). The SBA defines Administration, Office of Government ‘‘class of products’’ based on the Office Contracting, 409 3rd Street, SW., Suite SECURITIES AND EXCHANGE of Management and Budget’s NAICS. 8800, Washington, DC 20416. The SBA is currently processing a COMMISSION FOR FURTHER INFORMATION CONTACT: Ms. request to waive the Nonmanufacturer Amy Garcia, Procurement Analyst, by Rule for Woven and Knit impregnated [Release No. 34–62754; File No. SR– telephone at (202) 205–6842; by FAX at with Flat Dipped Rubber/Plastic Gloves, NASDAQ–2010–105] (202) 481–1630; or by e-mail at under NAICS code 315992 (Glove and [email protected]. Mitten Manufacturing). The public is Self-Regulatory Organizations; invited to comment or provide source SUPPLEMENTARY INFORMATION: Section NASDAQ Stock Market LLC; Notice of information to SBA on the proposed 8(a)(17) of the Small Business Act (Act), Filing and Immediate Effectiveness of waiver of the Nonmanufacturer Rule for 15 U.S.C. 637(a)(17), and SBA’s Proposed Rule Change Relating to the product within 15 days after date of implementing regulations require that NASDAQ Options Market Fees and publication in the Federal Register and recipients of Federal supply contracts Rebates on FedBizOpps.gov. set aside for small businesses, SDVO small businesses, or Participants in the August 20, 2010. Karen Hontz, SBA’s 8(a) BD Program provide the Pursuant to Section 19(b)(1) of the Director, Office of Government Contracting. product of a small business Securities Exchange Act of 1934 [FR Doc. 2010–21424 Filed 8–26–10; 8:45 am] manufacturer or processor, if the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 BILLING CODE 8025–01–P recipient is other than the actual notice is hereby given that on August manufacturer or processor of the 18, 2010, NASDAQ Stock Market LLC product. This requirement is commonly (‘‘NASDAQ’’ or the ‘‘Exchange’’) filed SMALL BUSINESS ADMINISTRATION referred to as the Nonmanufacturer with the Securities and Exchange Rule. 13 CFR 121.406(b), 125.15(c). Commission (‘‘SEC’’ or ‘‘Commission’’) Small Business Size Standards: Section 8(a)(17)(b)(iv) of the Act the proposed rule change as described Waiver of the Nonmanufacturer Rule authorizes SBA to waive the in Items I, II, and III below, which Items AGENCY: U.S. Small Business Nonmanufacturer Rule for any ‘‘class of have been prepared by the Exchange. Administration. products’’ for which there are no small The Commission is publishing this ACTION: Notice of intent to waive the business manufacturers or processors notice to solicit comments on the Nonmanufacturer Rule for GEN II and available to participate in the Federal proposed rule change from interested GEN III Image Intensifier Tubes. market. persons. In order to be considered available to SUMMARY: The U.S. Small Business participate in the Federal market for a 1 15 U.S.C. 78s(b)(1). Administration (SBA) is considering class of products, a small business 2 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s Options and All Other Options with 7050. NASDAQ Options Market Statement of the Terms of Substance of respect to the fees for removing the Proposed Rule Change liquidity.4 The following charges shall apply to While changes pursuant to this the use of the order execution and The Exchange proposes to modify proposal are effective upon filing, the routing services of the NASDAQ Exchange Rule 7050 governing pricing Exchange has designated these changes Options Market for all securities. for NASDAQ members using the to be operative for transactions on (1) Fees for Execution of Contracts on NASDAQ Options Market (‘‘NOM’’), September 1, 2010. the NASDAQ Options Market NASDAQ’s facility for executing and The text of the proposed rule change routing standardized equity and index is set forth below. Proposed new text is options. Specifically, NOM proposes to: in italics and deleted text is in brackets. modify pricing for both Penny Pilot 3 * * * * *

FEES AND REBATES [Per executed contract]

Non-NOM NOM market Customer Firm market maker maker

Penny Pilot Options: Rebate to Add Liquidity ...... $0.32 $0.10 $0.25 $0.30 Fee for Removing Liquidity ...... 0.4[0]3 0.45 0.45 0.45 NDX and MNX: Rebate to Add Liquidity ...... 0.10 0.10 0.10 0.20 Fee for Removing Liquidity ...... 0.50 0.50 0.50 0.40 All Other Options: Fee for Adding Liquidity ...... 0.00 0.45 0.45 0.30 Fee for Removing Liquidity ...... 0.4[0]3 0.45 0.45 0.45 Rebate to Add Liquidity ...... 0.20 0.00 0.00 0.00

* * * * * A. Self-Regulatory Organization’s proposes to amend these fees for The text of the proposed rule change Statement of the Purpose of, and removing liquidity and assess a is available on the Exchange’s Web site Statutory Basis for, the Proposed Rule Customer $.43 per contract instead of at http:// Change $0.40 per contract.5 www.nasdaqomx.cchwallstreet.com, at 1. Purpose Non-Penny Options—Removing the principal office of the Exchange, and NASDAQ is proposing to modify Rule Liquidity at the Commission’s Public Reference 7050 governing the fees assessed for Room. options orders entered into NOM. The Exchange assesses fees to members removing liquidity through II. Self-Regulatory Organization’s Specifically, NASDAQ is proposing to modify pricing for both Penny Pilot NOM in non-Penny Options (All Other Statement of the Purpose of, and Options) and charges a fee of $0.40 per Statutory Basis for, the Proposed Rule Options and All Other Options with respect to the fees for removing executed contract to members removing Change liquidity. Currently, NASDAQ liquidity in the capacity of Customer In its filing with the Commission, the distinguishes between options that are and a fee of $0.45 per executed contract Exchange included statements included in the Penny Pilot and those to members removing liquidity in the concerning the purpose of, and basis for, that are not. capacity of Firm, NOM Market Maker and Non-NOM Market Maker. The the proposed rule change and discussed Penny Options—Removing Liquidity any comments it received on the Exchange proposes to amend these fees The Exchange assesses a fee to for removing liquidity and assess a proposed rule change. The text of these members removing liquidity through statements may be examined at the Customer $.43 per contract instead of NOM in options included in the Penny $0.40.6 places specified in Item IV below. The Pilot and charges a fee of $0.40 per Exchange has prepared summaries, set executed contract to Customers for While changes pursuant to this forth in Sections A, B, and C below, of removing such liquidity and a fee of proposal are effective upon filing, the the most significant aspects of such $0.45 per executed contract to members Exchange has designated these changes statements. in the capacity of firm, NOM Market to be operative for transactions on Maker and Non-NOM Market Maker for September 1, 2010. removing liquidity. The Exchange

3 The Penny Pilot was established in March 2008 (November 17, 2009) (SR–NASDAQ–2009–097) 4 An order that removes liquidity is one that is and in October 2009 was expanded and extended (notice of filing and immediate effectiveness adding entered into NOM and that executes against an through December 31, 2010. See Securities seventy-five classes to Penny Pilot); 61455 order resting on the NOM book. Exchange Act Release Nos. 57579 (March 28, 2008), (February 1, 2010), 75 FR 6239 (February 8, 2010) 5 A Firm, NOM Market Maker and Non-NOM 73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008– (SR–NASDAQ–2010–013) (notice of filing and 026) (notice of filing and immediate effectiveness immediate effectiveness adding seventy-five classes Market Maker would continue to be assessed $0.45 establishing Penny Pilot); 60874 (October 23, 2009), to Penny Pilot); and 62029 (May 4, 2010), 75 FR per contract for removing liquidity. 74 FR 56682 (November 2, 2009) (SR–NASDAQ– 25895 (May 10, 2010) (SR–NASDAQ–2010–053) 6 A Firm NOM Market Makers and Non-NOM 2009–091) (notice of filing and immediate (notice of filing and immediate effectiveness adding Market Makers would continue to be assessed $.045 effectiveness expanding and extending Penny seventy-five classes to Penny Pilot). See also per contract for removing liquidity. Pilot); 60965 (November 9, 2009), 74 FR 59292 Exchange Rule Chapter VI, Section 5.

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2. Statutory Basis temporarily suspend such rule change if information that you wish to make NASDAQ believes that the proposed it appears to the Commission that such available publicly. All submissions rule changes are consistent with the action is necessary or appropriate in the should refer to File No. SR–NASDAQ– provisions of Section 6 of the Act,7 in public interest, for the protection of 2010–105 and should be submitted on general, and with Section 6(b)(4) of the investors, or otherwise in furtherance of or before September 17, 2010. the purposes of the Act. If the Act,8 in particular, in that it provides for For the Commission, by the Division of Commission takes such action, the the equitable allocation of reasonable Trading and Markets, pursuant to delegated Commission shall institute proceedings dues, fees and other charges among authority.12 members and issuers and other persons to determine whether the proposed rule should be approved or disapproved. Florence E. Harmon, using any facility or system which Deputy Secretary. NASDAQ operates or controls. The IV. Solicitation of Comments Exchange believes the proposed [FR Doc. 2010–21307 Filed 8–26–10; 8:45 am] Interested persons are invited to BILLING CODE 8010–01–P amendments to the fees for removing submit written data, views and liquidity are equitable and reasonable arguments concerning the foregoing, because they are within the range of fees including whether the proposed rule assessed by other exchanges employing SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION similar pricing schemes. Specifically, Comments may be submitted by any of NYSE Arca, Inc. (‘‘NYSE Arca’’) assesses the following methods: a customer electronic fee for taking [Release No. 34–62758; File No. SR–CBOE– liquidity of $0.45 for electronic Electronic Comments 2010–075] executions in penny pilot issues and • Use the Commission’s Internet foreign currency options.9 comment form (http://www.sec.gov/ Self-Regulatory Organizations; NASDAQ is one of eight options rules/sro.shtml); or Chicago Board Options Exchange, market [sic] in the national market • Send an e-mail to rule- Incorporated; Notice of Filing and system for standardized options. It is a [email protected]. Please include File Immediate Effectiveness of Proposed mature, robust market that is highly Number SR–NASDAQ–2010–105 on the Rule Change To Amend the CBOE competitive with highly sophisticated subject line. Stock Exchange Fee Schedule To and knowledge [sic] participants. Change the Transaction Fees for 24 Joining NASDAQ and electing to trade Paper Comments Securities options is entirely voluntary. Under • Send paper comments in triplicate these circumstances, NASDAQ’s fees to Elizabeth M. Murphy, Secretary, August 23, 2010. must be competitive, fair and just in Securities and Exchange Commission, Pursaunt to Section 19(b)(1) of the order for NASDAQ to attract order flow, 100 F Street, NE., Washington, DC Securities Exchange Act of 1934 (the execute orders, and grow as a market. 20549–1090. ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 NASDAQ thus believes that its fees are All submissions should refer to File notice is hereby given that on August equitable, fair and reasonable and Number SR–NASDAQ–2010–105. This 12, 2010, the Chicago Board Options consistent with the Exchange Act. file number should be included on the Exchange, Incorporated (‘‘CBOE’’ or subject line if e-mail is used. To help the ‘‘Exchange’’) filed with the Securities B. Self-Regulatory Organization’s Commission process and review your and Exchange Commission Statement on Burden on Competition comments more efficiently, please use (‘‘Commission’’) the proposed rule The Exchange does not believe that only one method. The Commission will change as described in Items I and II the proposed rule change will impose post all comments on the Commission’s below, which Items have been prepared any burden on competition not Internet Web site (http://www.sec.gov/ by CBOE. The Exchange has designated necessary or appropriate in furtherance rules/sro/shtml). Copies of the this proposal as one establishing or of the purposes of the Act. submission, all subsequent changing a due, fee, or other charge C. Self-Regulatory Organization’s amendments, all written statements imposed by CBOE under Section 3 Statement on Comments on the with respect to the proposed rule 19(b)(3)(A)(ii) of the Act and Rule 19b– 4 Proposed Rule Change Received From change that are filed with the 4(f)(2) thereunder. The Commission is Members, Participants or Others Commission, and all written publishing this notice to solicit communications relating to the comments on the proposed rule change No written comments were either proposed rule change between the from interested persons. solicited or received. Commission and any person, other than I. Self-Regulatory Organization’s III. Date of Effectiveness of the those that may be withheld from the Statement of the Terms of Substance of Proposed Rule Change and Timing for public in accordance with the the Proposed Rule Change Commission Action provisions of 5 U.S.C. 552, will be available for Web site viewing and The foregoing rule change has become The Exchange proposes to modify the printing in the Commission’s Public effective pursuant to Section Fee Schedule for its CBOE Stock Reference Room, 100 F Street, NE., 19(b)(3)(A)(ii) of the Act 10 and Exchange (‘‘CBSX’’). The text of the Washington, DC 20549, on official paragraph (f)(2) of Rule 19b–4 11 proposed rule change is available on the business days between the hours of 10 thereunder. At any time within 60 days Exchange’s Web site http:// a.m. and 3 p.m. Copies of such filing of the filing of the proposed rule change, www.cboe.org/legal), at the Exchange’s also will be available for inspection and the Commission summarily may principal office, and at the Commission. copying at the principal office of the 7 15 U.S.C. 78f. Exchange. All comments received will 12 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f(b)(4). be posted without change; the 1 15 U.S.C. 78s(b)(1). 9 See NYSE Arca’s Fee Schedule. Commission does not edit personal 2 17 CFR 240.19b–4. 10 15 U.S.C. 78s(b)(3)(A)(ii). identifying information from 3 15 U.S.C. 78s(b)(3)(A)(ii). 11 17 CFR 240.19b–4(f)(2). submissions. You should submit only 4 17 CFR 240.19b–4(f)(2).

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II. Self-Regulatory Organization’s C. Self-Regulatory Organization’s Commission and any person, other than Statement of the Purpose of, and Statement on Comments on the those that may be withheld from the Statutory Basis for, the Proposed Rule Proposed Rule Change Received From public in accordance with the Change Members, Participants or Others provisions of 5 U.S.C. 552, will be No written comments were solicited available for Web site viewing and In its filing with the Commission, or received with respect to the proposed printing in the Commission’s Public CBOE included statements concerning rule change. Reference Room, 100 F Street, NE., the purpose of and basis for the Washington, DC 20549, on official proposed rule change and discussed any III. Date of Effectiveness of the business days between the hours of 10 comments it received on the proposed Proposed Rule Change and Timing for a.m. and 3 p.m. Copies of such filing rule change. The text of these statements Commission Action also will be available for inspection and may be examined at the places specified The foregoing rule change has become copying at the principal office of the in Item IV below. CBOE has prepared effective pursuant to Section 19(b)(3)(A) Exchange. All comments received will summaries, set forth in sections (A), (B), of the Act 7 and subparagraph (f)(2) of be posted without change; the and (C) below, of the most significant Rule 19b–4 8 thereunder. At any time Commission does not edit personal aspects of such statements. within 60 days of the filing of the identifying information from proposed rule change, the Commission submissions. You should submit only A. Self-Regulatory Organization’s summarily may temporarily suspend information that you wish to make Statement of the Purpose of, and such rule change if it appears to the available publicly. All submissions Statutory Basis for, Proposed Rule Commission that such action is should refer to File Number SR–CBOE– Change necessary or appropriate in the public 2010–075 and should be submitted on interest, for the protection of investors, or before September 17, 2010. 1. Purpose or otherwise in furtherance of the For the Commission, by the Division of CBSX proposes to modify its purposes of the Act. Trading and Markets, pursuant to delegated authority.9 transaction fees for 24 securities IV. Solicitation of Comments Florence E. Harmon, currently traded on CBSX (the following Interested persons are invited to symbols: BAC, C, DXD, EMC, EWJ, F, Deputy Secretary. submit written data, views, and [FR Doc. 2010–21342 Filed 8–26–10; 8:45 am] FAX, FAZ, GE, INTC, MOT, MSFT, MU, arguments concerning the foregoing, BILLING CODE 8010–01–P NOK, Q, QID, S, SIRI, SKF, T, TWM, including whether the proposed rule UNG, UWM, XLF). For these securities, change is consistent with the Act. assuming their prices do not drop below Comments may be submitted by any of SECURITIES AND EXCHANGE $1, the takers of liquidity will receive a the following methods: COMMISSION $0.0014 per share rebate, and makers of Electronic Comments liquidity will incur a $0.0018 charge. [Release No. 34–62755, File No. SR–MSRB– The new pricing strategy is designed to • Use the Commission’s Internet 2010–02] comment form (http://www.sec.gov/ incent order routing behavior that Self-Regulatory Organizations; selects CBSX as the first destination. By rules/sro.shtml); or • Send an e-mail to rule- Municipal Securities Rulemaking offering customers a significant rebate to Board; Order Granting Approval of ‘‘remove’’ liquidity, the Exchange will [email protected]. Please include File Number SR–CBOE–2010–075 on the Proposed Rule Change, as Modified by offer overall economic benefits far above subject line. Amendment No. 1 Thereto, to MSRB those received at other markets. The Rule G–34, CUSIP Numbers and New changes will take effect on August 16, Paper Comments Issue Requirements, To Enhance the 2010. • Send paper comments in triplicate Interest Rate and Descriptive Information Currently Collected and 2. Statutory Basis to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, Made Transparent by the MSRB on The proposed rule change is 100 F Street, NE., Washington, DC Municipal Auction Rate Securities and consistent with Section 6(b) of the Act,5 20549–1090. Variable Rate Demand Obligations in general, and furthers the objectives of All submissions should refer to File August 20, 2010. Section 6(b)(4) 6 of the Act in particular, Number SR–CBOE–2010–075. This file in that it is designed to provide for the number should be included on the I. Introduction equitable allocation of reasonable dues, subject line if e-mail is used. To help the On March 10, 2010, the Municipal fees, and other charges among CBOE Commission process and review your Securities Rulemaking Board (‘‘MSRB’’), members and other persons using its comments more efficiently, please use filed with the Securities and Exchange facilities. only one method. The Commission will Commission (‘‘Commission’’), pursuant post all comments on the Commission’s to Section 19(b)(1) of the Securities B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Exchange Act of 1934 (‘‘Exchange Act’’),1 Statement on Burden on Competition rules/sro.shtml). Copies of the and Rule 19b–4 thereunder,2 a proposed submission, all subsequent rule change to enhance the interest rate CBOE does not believe that the amendments, all written statements and descriptive information currently proposed rule change will impose any with respect to the proposed rule collected and made transparent by the burden on competition that is not change that are filed with the MSRB on municipal Auction Rate necessary or appropriate in furtherance Commission, and all written Securities (‘‘ARS’’) and Variable Rate of purposes of the Act. communications relating to the Demand Obligations (‘‘VRDOs’’). The proposed rule change between the 9 17 CFR 200.30–3(a)(12). 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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proposed rule change was published for Rate Transparency Service to make the noted that the Remarketing Agent is not comment in the Federal Register on documents collected in the SHORT in privity of contract with the tender April 2, 2010.3 The Commission System Facility amendment proposal agent or the liquidity facility provider, received six comment letters about the available on the MSRB’s Electronic that the identities of these parties may proposed rule change.4 On July 9, 2010, Municipal Market Access (EMMA) Web change and that the Remarketing Agent the MSRB filed with the Commission, site (the ‘‘EMMA Short-term Obligation may not receive timely notification of pursuant to Section 19(b)(1) of the Rate Transparency Service such changes. SIFMA suggested that Exchange Act 5 and Rule 19b–4 amendment’’). A full description of the Remarketing Agents only be required to thereunder,6 Amendment No. 1 to the proposal is contained in the Notice of report such information on a ‘‘best proposed rule change.7 The Commission Amendment No. 1. efforts’’ basis. received no comment letters in response The MSRB has requested that the The MSRB stated that it does not to Amendment No. 1. This order proposed rule change, which may be believe that it is appropriate for VRDO approves the proposed rule change as implemented in phases, be made Remarketing Agents to be required only modified by Amendment No. 1. effective on such date or dates as would to exercise best efforts to report this be announced by the MSRB in notices information. Under the terms of the II. Description of the Proposed Rule published on the MSRB Web site, which original proposed rule change, the Change, as Modified by Amendment dates would be no later than nine VRDO Remarketing Agent would be No. 1 to the Proposed Rule Change months after Commission approval of required to modify any past submissions The proposed rule change would the proposed rule change and would be to the SHORT System in the event enhance the interest rate and descriptive announced no later than sixty (60) days updated information about the tender information currently collected and prior to the effective dates. agents and liquidity providers becomes made transparent by the MSRB on known. In response to this comment, III. Summary of Comments Received municipal Auction Rate Securities the MSRB provided in Amendment No. and the MSRB’s Response (‘‘ARS’’) and Variable Rate Demand 1 that the requirement to report these Obligations (‘‘VRDOs’’). The proposed General Comments identities is based upon information rule change would: (i) Amend MSRB The Commission received six known to the VRDO Remarketing Agent Rules G–8, books and records, and comment letters 8 relating to the as of the time of the interest rate reset. G–34(c), variable rate security market Original Notice.9 The MSRB addressed The Commission believes that information, to require brokers, dealers the issues raised by the comment letters Amendment No. 1 adequately addresses and municipal securities dealers on the original proposed rule change in this concern. (collectively ‘‘dealers’’) to (a) submit to SIFMA also expressed concern that the Notice of Amendment No. 1. The the MSRB documents that define the VRDO Remarketing Agent does not Commission received no comment auction procedures and interest rate necessarily know the par amount of letters in response to the Notice of setting mechanisms for ARS and VRDOs, if any, held by a liquidity Amendment No. 1. liquidity facilities for VRDOs; (b) report ‘‘ ’’ While the commenters indicated provider ( Bank Bonds ) at any point in to the MSRB ARS bidding information; general support for the MSRB’s effort to time so that the VRDO Remarketing (c) report to the MSRB additional VRDO Agent would be able to obtain and increase transparency of ARS and information; and (d) communicate to an report accurate information. SIFMA VRDO, four commenters on the original ARS Program Dealer the fact that an noted that VRDO Remarketing Agents proposed rule change expressed order submitted for inclusion in an may not know the precise amount of concerns about various aspects of the auction is on behalf of an ARS issuer or securities held as Bank Bonds as a result proposal or suggested alternatives.10 conduit borrower (collectively ‘‘rule of revised amortization schedules for Two other commenters who have change proposal’’); (ii) amend the MSRB securities held as Bank Bonds as well as invested in ARS described problems Short-term Obligation Rate instances when holders tender they had experienced in that market.11 Transparency (‘‘SHORT’’) System securities directly to a tender agent. The Mr. Drozdoff fully supported the Facility to collect and disseminate the MSRB noted in Amendment No. 1 that documents identified in the rule change proposal, noting that he held positions the proposal already adequately proposal (‘‘SHORT System Facility in two ARS and has been unable to addresses SIFMA’s concern as it only amendment proposal’’); and (iii) amend obtain certain information about them. requires VRDO Remarketing Agents to the MSRB EMMA Short-term Obligation Mr. Drozdoff further stated that the lack report the par amount of Bank Bonds of transparency creates the opportunity based upon information available to the for manipulation and unfair dealing. 3 See Securities Exchange Act Release No. 61793 VRDO Remarketing Agent as of the time (March 26, 2010), 75 FR 16878 (‘‘Original Notice’’) Additional VRDO Information of the interest rate reset. The (the ‘‘original proposed rule change’’). 4 See letters from: Vladimir Drozdoff, Centerport, The original proposed rule change Commission agrees that the requirement New York, dated April 4, 2010 (‘‘Drozdoff Letter’’); would increase the information that a is reasonable because the reporting Joseph S. Fichera, Saber Partners, LLC, New York, VRDO Remarketing Agent would be requirement is limited to information New York (‘‘Saber Partners’’), dated April 12, 2010 available to the VRDO Remarketing (‘‘Saber Letter’’); Heather Traeger, Associate required to report to the SHORT System. Counsel, Investment Company Institute (‘‘ICI’’), SIFMA expressed concern with the Agent. dated April 23, 2010 (‘‘ICI Letter’’); Leslie M. requirement in the proposed rule Norwood, Managing Director and Associate General ARS Bidding Information Counsel, Securities Industry and Financial Markets change for VRDO Remarketing Agents to Saber Partners and SIFMA both stated Association (‘‘SIFMA’’), dated April 23, 2010 report the identity of each tender agent (‘‘SIFMA Letter’’); Robert J. Stracks, Counsel, BMO that ARS bidding information required and liquidity provider and maintain the to be reported by ARS Program Dealers Capital Markets GKST Inc. (‘‘BMO Capital’’), dated accuracy of that information. SIFMA April 23, 2010 (‘‘BMO Letter’’) and Nik Mainthia, should be reported as individual data dated July 12, 2010 (‘‘Mainthia Letter’’). elements instead of as a word- 5 8 See supra note 4. 15 U.S.C. 78s(b)(1). searchable document. Saber Partners 6 9 See supra note 3. 17 CFR 240.19b–4. stated that greater transparency about 7 See Securities Exchange Act Release No. 62550 10 See Saber Letter, ICI Letter, SIFMA Letter and (July 22, 2010), 75 FR 44296 (‘‘Notice of BMO Letter. the auctions would address some of the Amendment No. 1’’). 11 See Drozdoff Letter and Mainthia Letter. investor confidence issues created by

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the 2008 crisis and would encourage to simplify the rule language. The MSRB burdensome for a broker dealer to secondary market trading. Saber stated that Amendment No. 1 removes submit documents to which it is not a Partners also noted a large volume of the requirement to report ‘‘sell at rate’’ party, noted the lack of a uniform ARS still outstanding that could benefit orders as the remaining ‘‘hold at rate’’ manner in which dealers receive such from additional market transparency. and ‘‘sell at any interest rate’’ categories documents from issuers and liquidity The MSRB agreed that having ARS of orders should provide for the facility providers, indicated that it could bidding information collected as data reporting of all sell orders. take a couple of days internally at a elements would be a preferred method broker dealer for these documents to get ARS and VRDO Documents of data collection. The MSRB noted that routed to the proper place and stated collection of data elements would The original proposed rule change that there are approximately 16,500 facilitate data analysis and the would require ARS Program Dealers and outstanding VRDO transactions that are computation of statistics, such as a bid- VRDO Remarketing Agents to submit to serviced by approximately 80 different to-cover ratio, that would provide the MSRB current and any new or Remarketing Agents. The MSRB meaningful information about the amended versions of ARS documents concluded that a five-business-day demand for a specific ARS. defining auction procedures and interest deadline would be consistent with the Accordingly, in response to these rate setting mechanisms and VRDO timeframe for submitting advance comments, Amendment No. 1 requires documents consisting of liquidity refunding documents to the MSRB and ARS bidding information to be reported facilities, including Letter of Credit would be an appropriate timeframe, at to the SHORT System as individual data Agreements and Stand-by Bond least initially, for such new or amended elements. The Commission believes Purchase Agreements. versions of ARS and VRDO documents Amendment No. 1 adequately addresses For existing documents, the original to be submitted to the MSRB. their concerns. proposed rule change would require Accordingly, in response to this SIFMA also expressed concerns with VRDO Remarketing Agents to make and comment, Amendment No. 1 provides a the requirement to report orders document best efforts to obtain existing five-business-day deadline for submitted by an issuer or conduit VRDO documents and specified a submitting new or amended versions of borrower. SIFMA noted that some timeframe of ninety business days from ARS and VRDO documents to the issuers or conduit borrowers utilize a the date of effectiveness of a rule change MSRB. The Commission finds that the third party, such as an investment for dealers to submit such documents to 90-business-day and the five-business- adviser or registered representative, for the MSRB. For ARS documents, ARS day submission deadlines are submitting orders to an ARS Program Program Dealers would be required to reasonable, at least initially. Dealer. In these cases, the ARS Program submit existing documents to the MSRB SIFMA also requested clarification of Dealer may not know that such orders no later than ninety business days from the recordkeeping requirement for are on behalf of issuers or conduit the date of effectiveness of a rule VRDO Remarketing Agents to document borrowers. To ensure ARS Program change. On an ongoing basis, the best efforts to obtain existing VRDO Dealers are provided with this original proposed rule change included documents and asked whether such information, Amendment No. 1 includes a requirement to submit new or documents would be required to contain a new requirement for any dealer that amended versions of ARS and VRDO signatures. The MSRB, in response to receives an order for inclusion in an documents no later than one business this comment, amended the original auction for ARS from an issuer or day after receipt by the dealer. proposed rule change in Amendment conduit borrower of such ARS to ICI stated that timing is vital to the No. 1 to clarify that such records are disclose this fact when submitting the value of collecting and disseminating only required to be kept for those order to an ARS Program Dealer. In this information to investors. documents that are unable to be Amendment No. 1, the MSRB also Accordingly, ICI supported the MSRB’s obtained. The MSRB also noted that all amended the original proposed rule original proposed submission deadline documents would be required to be change by removing the requirement to of 30 days from the date of the proposed final, operative versions of such identify whether orders placed by an rule change instead of the proposal’s 90- documents. The MSRB indicated that issuer or conduit borrower were day submission deadline. The MSRB while this requirement does not executed. The MSRB noted that ARS agreed that it is important to have a necessarily require that the document be Program Dealers would not be able to centralized source of ARS and VRDO signed, the MSRB noted that signatures reliably ascertain whether orders on documents as soon as practical. would provide a clear indication that behalf of an issuer or conduit borrower Nonetheless, the MSRB believes that the document reflects a final version. submitted by a third-party dealer were ninety days is an appropriate timeframe The Commission believes that executed, particularly if the third-party for having such documents submitted to Amendment No. 1 adequately clarifies dealer submits more orders than just the MSRB given the large number of this issue. those on behalf of the issuer or conduit documents that would need to be Other Comments borrower and only some of those orders submitted to the MSRB and the fact that, are filled. for outstanding issues, dealers may need ICI recommended that the MSRB SIFMA also suggested that the time to request documents from third consider expanding the proposed requirement to disclose the interest parties. disclosures to ensure a more complete rate(s) and aggregate par amount(s) of ICI also stated that they strongly picture of the risks associated with ARS, orders to sell at a specific rate should be support the one-business-day VRDOs and other variable rate amended to read ‘‘hold at a rate’’ to submission requirement for new or securities, such as ‘‘credit enhancement’’ conform to current practice and amended versions of the ARS and data and documentation. In addition, documentation. SIFMA noted that when VRDO documents. By contrast, SIFMA ICI recommended that the MSRB create the rate drops below that customer’s suggested that the deadline for a ‘‘miscellaneous’’ or ‘‘catch-all’’ category ‘‘hold at’’ rate, the order is automatically submitting such new or amended of variable rate securities to provide converted into a sell order. The MSRB documents be five business days after investors with material information acknowledged in Amendment No. 1 that receipt. SIFMA stated that a one- about new products. The MSRB noted a this requirement could be consolidated business-day time frame is unduly separate MSRB initiative to display on

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EMMA information offered by credit all participants in the municipal • Form Number: None. ratings agencies would provide securities market on an equal basis • Respondents: Business and additional access to credit enhancement thereby removing potential barriers to Nonprofit Organizations. features associated with municipal obtaining such information. These • Estimated Number of Respondents: securities on a market-wide basis.12 The factors serve to promote the statutory 750. MSRB agrees that new products may mandate of the MSRB to protect • Estimated Number of Responses: benefit from the transparency offered for investors and the public interest. 1,000. ARS and VRDO by the SHORT System, • Average Hours per Response: 10 and plans to review in the future V. Conclusion hours. whether changes to the SHORT System For the foregoing reasons, the • Total Estimated Burden: 10,000 and associated rules could Commission finds that the proposed hours. accommodate future products without rule change, as amended, is consistent • Frequency: On Occasion. subsequent system and rule with the Exchange Act and the rules and • Obligation to Respond: Voluntary. modifications. regulations thereunder applicable to the DATES: The Department will accept With regard to all other issues raised MSRB 16 and, in particular, the comments from the public up to 60 days by the commenters, the Commission requirements of Section 15B(b)(2)(C) of from August 27, 2010. 17 believes that the MSRB has adequately the Exchange Act and the rules and ADDRESSES: Comments and questions addressed the commenters’ concerns. regulations thereunder. The proposal should be directed to Nicholas Memos, IV. Discussion and Commission will become effective as requested by Office of Defense Trade Controls Policy, Findings the MSRB. Department of State, who may be It is therefore ordered, pursuant to reached via the following methods: The Commission has carefully Section 19(b)(2) of the Exchange Act,18 • considered the proposed rule change, E-mail: [email protected]. that the proposed rule change (SR– • Mail: Nicholas Memos, SA–1, 12th the comment letters received, and the MSRB–2010–02), as amended, be, and it Floor, Directorate of Defense Trade MSRB’s responses to the comment hereby is, approved. letters and finds that the proposed rule Controls, Bureau of Political-Military change is consistent with the For the Commission, by the Division of Affairs, U.S. Department of State, requirements of the Exchange Act and Trading and Markets, pursuant to delegated Washington, DC 20522–0112. authority.19 • the rules and regulations thereunder Fax: 202–261–8199. You must include the information applicable to the MSRB 13 and, in Florence E. Harmon, collection title in the subject lines of particular, the requirements of Section Deputy Secretary. 15B(b)(2)(C) of the Exchange Act 14 and [FR Doc. 2010–21308 Filed 8–26–10; 8:45 am] your message/letter. the rules and regulations thereunder. BILLING CODE 8010–01–P FOR FURTHER INFORMATION CONTACT: Section 15B(b)(2)(C) of the Exchange Direct requests for additional Act requires, among other things, that information regarding the collection the MSRB’s rules be designed to prevent DEPARTMENT OF STATE listed in this notice, including requests fraudulent and manipulative acts and for copies of the information collection [Public Notice: 7119] practices, to promote just and equitable and supporting documents, to Nicholas Memos, PM/DDTC, SA–1, 12th Floor, principles of trade, to foster cooperation 60-Day Notice of Proposed Information Directorate of Defense Trade Controls, and coordination with persons engaged Collection: Voluntary Disclosures in regulating, clearing, settling, Bureau of Political-Military Affairs, U.S. processing information with respect to, ACTION: Notice of request for public Department of State, Washington, DC, and facilitating transactions in comments. 20522–0112, who may be reached via municipal securities, to remove phone at (202) 663–2804, or via e-mail impediments to and perfect the SUMMARY: The Department of State is at [email protected]. mechanism of a free and open market in seeking Office of Management and SUPPLEMENTARY INFORMATION: We are municipal securities, and, in general, to Budget (OMB) approval for the soliciting public comments to permit protect investors and the public information collection described below. the Department to: interest.15 In particular, the Commission The purpose of this notice is to allow 60 • Evaluate whether the proposed believes that the proposed rule change days for public comment in the Federal collection of information is necessary would serve as an additional Register preceding submission to OMB. for the proper performance of our mechanism by which the MSRB works We are conducting this process in functions. toward removing impediments to and accordance with the Paperwork • Evaluate the accuracy of our helping to perfect the mechanisms of a Reduction Act of 1995. estimate of the burden of the proposed free and open market in municipal • Title of Information Collection: collection, including the validity of the securities by providing a centralized Voluntary Disclosures. methodology and assumptions used. venue for free public access to • OMB Control Number: 1405–0179. • Enhance the quality, utility, and information about and documents • Type of Request: Extension of clarity of the information to be relating to ARS and VRDO. The Currently Approved Collection. collected. proposed rule change would provide • Originating Office: Bureau of • Minimize the reporting burden on greater access to information about and Political-Military Affairs, Directorate of those who are to respond, including the documents relating to ARS and VRDO to Defense Trade Controls, PM/DDTC. use of automated collection techniques or other forms of technology. 12 See MSRB Notice 2010–13 (May 20, 2010). 16 In approving this proposed rule change, the Abstract of proposed collection: The 13 In approving this proposed rule change, the Commission notes that it has considered the export, temporary import, temporary Commission notes that it has considered the proposed rule’s impact on efficiency, competition proposed rule’s impact on efficiency, competition and capital formation. 15 U.S.C. 78c(f). export and brokering of defense articles, and capital formation. 15 U.S.C. 78c(f). 17 15 U.S.C. 78o–4(b)(2)(C). defense services and related technical 14 15 U.S.C. 78o–4(b)(2)(C). 18 15 U.S.C. 78s(b)(2). data are licensed by the Directorate of 15 Id. 19 17 CFR 200.30–3(a)(12). Defense Trade Controls (DDTC) in

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accordance with the International Management and Budget on July 27, CATEGORIES OF RECORDS IN THE SYSTEM: Traffic in Arms Regulations (‘‘ITAR,’’ 22 2010. Name; Social Security number; date of CFR parts 120–130) and Section 38 of It is proposed that the current system birth; citizenship; contact information the Arms Export Control Act (AECA). will retain the name ‘‘Office of the such as mailing address, e-mail and/or Those who manufacture or export Coordinator for Reconstruction and phone number; passport number, dates defense articles, defense services, and Stabilization Records.’’ It is also of expiration, places of issuance; related technical data, or the brokering proposed that the amended system driver’s license number, dates of thereof, must register with the description will include revisions/ expiration and state where issued; Department of State. Persons desiring to additions to: Categories of records; individuals’ height and weight; engage in export, temporary import, and Purpose; Routine uses; and Storage, language skills; military service, if any; brokering activities must submit an Safeguards and Retrievability as well as prior related experience; security application or written request to other administrative updates. Further, clearance status; medical clearance; conduct the transaction to the the following section has been added to personal gear/clothing size; emergency Department to obtain a decision the system of records, Office of the contact information and dependent whether it is in the interests of U.S. Coordinator for Reconstruction and information. foreign policy and national security to Stabilization Records, State–68 to approve the transaction. Also, registered ensure Privacy Act of 1974 compliance: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: brokers must submit annual reports Contesting Record Procedures. Public Law 108–447, Div B, Title IV, regarding all brokering activity that was Any persons interested in Sec. 408, 118 Stat. 2904 (Consolidated transacted, and registered manufacturers commenting on the amended system of Appropriations Act, 2005). and exporter must maintain records of records may do so by submitting PURPOSE: defense trade activities for five years. comments in writing to Margaret P. Section 127.12 of the ITAR encourages Grafeld, Director, Office of Information The information in this system will be the disclosure of information to DDTC Programs and Services, A/GIS/IPS, used to assist the Office of the by persons who believe they may have Department of State, SA–2, 515 22nd Coordinator for Reconstruction and violated any provision of the AECA, Street, Washington, DC 20522–8001. Stabilization to carry out its mandate to ITAR, or any order, license, or other This amended system of records will lead, coordinate, and institutionalize authorization issued under the AECA. be effective 40 days from the date of international reconstruction and The violation is analyzed by DDTC to publication, unless we receive stabilization activities of the U.S. determine whether to take comments that will result in a contrary Government. administrative action under part 128 of determination. The database shall be compiled and the ITAR and whether to refer the The amended system description, used to categorize and identify matter to the Department of Justice to ‘‘Office of the Coordinator for individuals who volunteer to participate consider criminal prosecution. Reconstruction and Stabilization in Civilian Response Corps missions and other international reconstruction Methodology: These forms/ Records, State–68,’’ will read as set forth and stabilization activities. information collections may be sent to below. the Directorate of Defense Trade Dated: July 27, 2010. ROUTINE USES OF RECORDS MAINTAINED IN THE Controls via the following methods: Steven J. Rodriguez, SYSTEM, INCLUDING CATEGORIES OF USERS AND Electronically, mail, personal delivery, PURPOSES OF SUCH USES: Deputy Assistant Secretary of Operations, and/or fax. Bureau of Administration, U.S. Department The records in this system may be Dated: August 19, 2010. of State. disclosed to: Beth M. McCormick, (1) Any and all U.S. Government STATE–68 Deputy Assistant Secretary for Defense Trade, agencies involved in reconstruction and Bureau of Political-Military Affairs, U.S. SECURITY CLASSIFICATION: stabilization operations in order to coordinate U.S. efforts in international Department of State. Unclassified. [FR Doc. 2010–21445 Filed 8–26–10; 8:45 am] reconstruction and stabilization; to determine which members are available BILLING CODE 4710–27–P SYSTEM NAME: and best qualified for particular Office of the Coordinator for missions; and to manage and select Reconstruction and Stabilization individuals who have been hired or DEPARTMENT OF STATE Records. agreed to deploy oversees in support of SYSTEM LOCATION: reconstruction and stabilization efforts [Public Notice 7133] Department of State, SA–3, 2121 of the U.S. Government. State–68, Office of the Coordinator for Virginia Avenue, NW., Washington, DC (2) The United Nations, North Reconstruction and Stabilization 20520. Atlantic Treaty Organization (NATO) or Records similar international organizations for CATEGORIES OF INDIVIDUALS COVERED BY THE the purpose of coordinating personnel Summary: Notice is hereby given that SYSTEM: engaged in specific reconstruction and the Department of State proposes to Individuals who have been or will be stabilization activities. amend an existing system of records, involved in international reconstruction (3) U.S. and NATO military Office of the Coordinator for and stabilization activities and installations for the purpose of sharing Reconstruction and Stabilization individuals who offer to participate in information necessary for security Records, State–68, pursuant to the potential future overseas reconstruction checks and to obtain access to military provisions of the Privacy Act of 1974, as and stabilization activities in a foreign facilities, including manifesting on amended (5 U.S.C. 552a) and Office of deployment or in a management military aircraft. Management and Budget Circular No. function based in Washington, DC, and/ (4) State governments, foreign A–130, Appendix I. The Department’s or in domestic training and civilian- governments and international report was filed with the Office of military exercises. organizations where employees are

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being considered for detail, assignment Access to the Department and its themselves should write to the Director, or secondment. annexes is controlled by security guards Office of Information Programs and (5) Officials of foreign governments and admission is limited to those Services (address above). and other U.S. Government agencies for individuals possessing a valid clearance before a Federal employee is identification card or individuals under CONTESTING RECORD PROCEDURES: assigned to that country as well as for proper escort. Servers are stored in See above. the procurement of necessary services Department of State secured facilities in for American personnel assigned cipher locked server rooms. Access to RECORD SOURCE CATEGORIES: overseas, such as permits of free entry electronic files is password-protected and identity cards; and under the direct supervision of the These records contain information (6) Attorneys, union representatives system manager. The system manager that is obtained from the individual who or other persons designated in writing has the capability of printing audit trails is the subject of the records. by employees who are the subject of the of access from the computer media, information to represent them in thereby permitting regular and ad hoc SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS complaints, grievances, or other monitoring of computer usage. When it OF THE ACT: litigation. is determined that a user no longer None. The Department of State periodically needs access, the user account is publishes in the Federal Register its disabled. [FR Doc. 2010–21432 Filed 8–26–10; 8:45 am] standard routine uses that apply to all BILLING CODE 4710–24–P of its Privacy Act systems of records. RETENTION AND DISPOSAL: These notices appear in the form of a These records will be maintained Prefatory Statement. These standard with published record disposition DEPARTMENT OF STATE routine uses apply to the Office of the schedules of the Department of State as Coordinator for Reconstruction and approved by the National Archives and [Public Notice 7132] Stabilization Records, State–68. Records Administration (NARA). More POLICIES AND PRACTICES FOR STORING, specific information may be obtained by State–07, Cryptographic Clearance RETRIEVING, ACCESSING, RETAINING AND writing to the Director, Office of Records DISPOSING OF RECORDS IN THE SYSTEM: Information Programs and Services, STORAGE: A/GIS/IPS, SA–2, Department of State, Summary: Notice is hereby given that 515 22nd Street, NW., Washington, DC Electronic media. the Department of State proposes to 20522–8100. amend an existing system of records, RETRIEVABILITY: Cryptographic Clearance Records, State- SYSTEM MANAGER AND ADDRESS: Individual’s name or system 07, pursuant to the provisions of the generated identification number. Office of the Coordinator for Privacy Act of 1974, as amended (5 Reconstruction and Stabilization, U.S.C. 552a) and Office of Management SAFEGUARDS: Department of State, SA–3, 2121 and Budget Circular No. A–130, The Department of State will maintain Virginia Avenue, NW., Washington, DC responsibility for keeping the records 20520. Appendix I. The Department’s report accurate and updated; however, a was filed with the Office of Management limited number of U.S. Agency for NOTIFICATION PROCEDURE: and Budget on July 27, 2010. International Development (USAID) Individuals who have reason to It is proposed that the current system personnel will be allowed to access the believe that the Office of the will retain the name ‘‘Cryptographic CRC database in order to run the Coordinator for Reconstruction and Clearance Records.’’ It is also proposed Civilian Deployment Center. These Stabilization might have records that the amended system description USAID personnel will use a State pertaining to them should write to the will include revisions/additions to the: Department-approved remote access Director, Office of Information Programs Categories of individuals, Categories of program in order to enter the State and Services, A/GIS/IPS, SA–2, records, Authority for maintenance of system. All Department of State and Department of State, 515 22nd Street, the system, Purpose, Safeguards and USAID employees and contractors with NW., Washington, DC 20522–8100. The Retrievability as well as other authorized access have undergone a individual must specify that he or she administrative updates. thorough background security wishes the records of the Office of the investigation. All users must take Coordinator for Reconstruction and Any persons interested in mandatory annual cyber security Stabilization to be checked. At a commenting on the amended system of awareness training including the minimum, the individual should records may do so by submitting procedures for handling Sensitive But include: Name; date and place of birth; comments in writing to Margaret P. Unclassified and personally identifiable current mailing address and zip code; Grafeld, Director, Office of Information information. Before being granted access signature; a brief description of the Programs and Services, A/GIS/IPS, to the Office of the Coordinator for circumstances that caused the creation Department of State, SA–2, 515 22nd Reconstruction and Stabilization of the record (including the city and/or Street, NW., Washington, DC 20522– Records, a user must first be granted country and the approximate dates) 8001. This system of records will be access to Department of State computer which gives the individual cause to effective 40 days from the date of systems. believe that the Office of the publication, unless we receive Remote access to the Department of Coordinator for Reconstruction and comments that will result in a contrary State network from non-Department Stabilization has records pertaining to determination. owned systems is only authorized them. through a Department-approved remote The amended system description, access program. Remote access to the RECORD ACCESS AND AMENDMENT PROCEDURES: ‘‘Cryptographic Clearance Records, network is configured with two factor Individuals who wish to gain access State–07,’’ will read as set forth below. authentication and time-out functions. to, or amend records pertaining to,

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Dated: July 27, 2010. SAFEGUARDS: must include: Name; date and place of Steven J. Rodriguez, All users are given information birth; current mailing address and zip Deputy Assistant Secretary of Operations, system security awareness training, code; signature; the approximate dates Bureau of Administration, U.S. Department including the procedures for handling of employment with the Department of of State. Sensitive but Unclassified information State; and the nature of such employment. STATE–07 and personally identifiable information. Annual refresher training is mandatory. RECORD ACCESS PROCEDURES: SYSTEM NAME: Before being granted access to Individuals who wish to gain access Cryptographic Clearance Records. Cryptographic Clearance Records, a user must first be granted access to the to or amend records pertaining to SYSTEM CLASSIFICATION: Department of State computer system. themselves should write to the Director, Office of Information Programs and Unclassified. All Department of State employees and contractors with authorized access Services (address above). SYSTEM LOCATION: have undergone a thorough background CONTESTING RECORD PROCEDURES: security investigation. Access to the Department of State, 301 4th St., SW., (See above). Room 750 Washington, DC 20547. Department of State, its annexes and posts abroad is controlled by security RECORD SOURCE CATEGORIES: CATEGORIES OF INDIVIDUALS COVERED BY THE guards and admission is limited to those The individual; Cryptographic SYSTEM: individuals possessing a valid Services Branch. All current Civil Service and Foreign identification card or individuals under Service direct hire employees of the proper escort. All paper records SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Department of State and Agency for containing personal information are OF THE ACT: International Development who have maintained in secured file cabinets in None. applied for cryptographic clearances as restricted areas, access to which is [FR Doc. 2010–21429 Filed 8–26–10; 8:45 am] well as those who have already received limited to authorized personnel only. BILLING CODE 4710–24–P cryptographic clearance. Access to computerized files is password-protected and under the CATEGORIES OF RECORDS IN THE SYSTEM: direct supervision of the system SUSQUEHANNA RIVER BASIN This system contains employee name; manager. The system manager has the COMMISSION the position held by an employee; capability of printing audit trails of correspondence from the Bureau of access from the computer media, Notice of Public Hearing and Diplomatic Security concerning an thereby permitting regular and ad hoc Commission Meeting individual’s clearance; and the date the monitoring of computer usage. clearance was granted or denied. When it is determined that a user no AGENCY: Susquehanna River Basin longer needs access, the user account is Commission. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: disabled. ACTION: Notice of public hearing and Executive Order 13526. Commission meeting. RETENTION AND DISPOSAL: PURPOSE: Records are retired in accordance SUMMARY: The Susquehanna River Basin The information contained in these with published Department of State Commission will hold a public hearing records is used to protect the Bureau of Records Disposition Schedules as as part of its regular business meeting Information Resource Management’s approved by the National Archives and on September 16, 2010, in Corning, NY. cryptographic duties and to protect Records Administration (NARA). More At the public hearing, the Commission sensitive information from unauthorized specific information may be obtained by will consider: (1) Action on certain disclosure. Information relating to an writing the Director, Office of water resources projects; (2) compliance employee’s eligibility for cryptographic Information Programs and Services, matters involving three projects; (3) clearance is used solely by the Bureau Department of State, SA–2, 515 22nd action on a project involving a of Information Resource Management. Street, NW., Washington, DC 20522– diversion; and (4) the rescission of two 8001. docket approvals. Details concerning the ROUTINE USES OF RECORDS MAINTAINED IN THE matters to be addressed at the public SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: hearing and business meeting are THE PURPOSES OF SUCH USES: Chief, Cryptographic Services Branch, contained in the SUPPLEMENTARY The Department of State periodically Systems Integrity Division, Bureau of INFORMATION section of this notice. publishes in the Federal Register its Information Resource Management, DATES: September 16, 2010, at 8:30 a.m. standard routine uses that apply to all Room 750, SA–44, 301 4th Street, SW., ADDRESSES: Radisson Hotel Corning, of its Privacy Act systems of records. Washington, DC 20547. These notices appear in the form of a 125 Denison Parkway East, Corning, NY Prefatory Statement. These standard NOTIFICATION PROCEDURE: 14830. routine uses apply to the Cryptographic Individuals who have cause to believe FOR FURTHER INFORMATION CONTACT: Clearance Records, State-07. that the Cryptographic Services Branch Richard A. Cairo, General Counsel, might have records pertaining to them telephone: (717) 238–0423, ext. 306; fax: POLICIES AND PRACTICES FOR STORING, should write to the Director, Office of (717) 238–2436; e-mail: [email protected] RETRIEVING, ACCESSING, RETAINING, AND Information Programs and Services, or Stephanie L. Richardson, Secretary to DISPOSING OF RECORDS IN THE SYSTEM: Department of State, SA–2, 515 22nd the Commission, telephone: (717) 238– STORAGE: Street, NW., Washington, DC 20522– 0423, ext. 304; fax: (717) 238–2436; e- Hard copy; magnetic computer media. 8001. The individual must specify that mail: [email protected]. he/she wishes the records of the SUPPLEMENTARY INFORMATION: In RETRIEVABILITY: Systems Integrity Division to be addition to the public hearing and its By individual name. checked. At a minimum, the individual related action items identified below,

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the business meeting also includes Modification to project features of the 19. Project Sponsor and Facility: actions or presentations on the withdrawal approval (Docket No. Walker Township Water Association, following items: (1) Update on the SRBC 20080923). Walker Township, Centre County, Pa. Remote Water Quality Monitoring 7. Project Sponsor and Facility: Chief Modification to increase the total Network; (2) hydrologic conditions in Oil & Gas LLC (Martins Creek), Hop groundwater system withdrawal limit the basin; (3) final rulemaking covering Bottom Borough, Susquehanna County, (30-day average) from 0.523 mgd to 18 CFR Parts 806 and 808; (4) Pa. Application for surface water 0.962 mgd (Docket No. 20070905). ratification/approval of grants/contracts; withdrawal of up to 0.360 mgd. 20. Project Sponsor and Facility: and (5) revision of the FY 2012 budget 8. Project Sponsor and Facility: Citrus Williams Production Appalachia, LLC resolution. The Commission will also Energy (Susquehanna River), (Snake Creek), Liberty Township, hear Legal Counsel’s report. Washington Township, Wyoming Susquehanna County, Pa. Modification County, Pa. Application for surface to project features of the withdrawal Public Hearing—Compliance Matters water withdrawal of up to 1.495 mgd. approval (Docket No. 20090302). 1. Project Sponsor: Talisman Energy 9. Project Sponsor and Facility: Geary USA Inc. Pad ID: Castle 01 047 (ABR– Public Hearing—Project Scheduled for Enterprises (Buttermilk Creek), Falls Action Involving a Diversion 20100128), Armenia Township; Harvest Township, Wyoming County, Pa. Holdings 01 036 (ABR–20100225), Application for surface water 1. Project Sponsor: Gettysburg Canton Township; and Putnam 01 076 withdrawal of up to 0.099 mgd. Municipal Authority. Project Facility: (ABR–20100233), Armenia Township; 10. Project Sponsor and Facility: Hunterstown Wastewater Treatment Bradford County, Pa. Mansfield Borough Municipal Plant, Abbottstown Borough, Adams 2. Project Sponsor: Cabot Oil & Gas Authority, Richmond Township, Tioga County, Pa. Application for an existing Corporation. Withdrawal ID: County, Pa. Application for into-basin diversion of up to 0.123 mgd Susquehanna River-3 (Docket No. groundwater withdrawal of up to 0.079 from the Potomac River Basin. 20080905), Great Bend Borough, mgd from Well 3. Public Hearing—Projects Scheduled for Susquehanna County, Pa. 11. Project Sponsor: New Morgan Rescission Action 3. Project Sponsor: Seneca Resources Landfill Company, Inc. Project Facility: 1. Project Sponsor: McNeil PPC. Corporation. Pad ID: M. Pino H (ABR– Conestoga Landfill, Bethel Township, Project Facility: Johnson & Johnson 20090933), DCNR 100 1V (ABR– Berks County, Pa. Application for (Docket No. 20050906), Lititz Borough, 20090436), Wilcox F (ABR–20090505), groundwater withdrawal of up to 0.003 T. Wivell (ABR–20090814), Wivell I Lancaster County, Pa. mgd from the Shop Well. 2. Project Sponsor: Northampton Fuel (ABR–20100607), DCNR 595 E (ABR– 12. Project Sponsor: New Morgan 20100307), DCNR 595 D (ABR– Supply Company, Inc. Project Facility: Landfill Company, Inc. Project Facility: Loomis Bank Operation (Docket No. 20090827); Withdrawal ID: Arnot 5— Conestoga Landfill (Quarry Pond), Signor (Docket No. 20090908). 20040904), Hanover Township, Luzerne Bethel Township, Berks County, Pa. County, Pa. Public Hearing—Projects Scheduled for Application for surface water Action withdrawal of up to 0.250 mgd. Opportunity To Appear and Comment 1. Project Sponsor and Facility: 13. Project Sponsor and Facility: Interested parties may appear at the Anadarko E&P Company LP (Beech Novus Operating, LLC (Cowanesque above hearing to offer written or oral Creek), Snow Shoe Township, Centre River), Westfield Township, Tioga comments to the Commission on any County, Pa. Application for surface County, Pa. Application for surface matter on the hearing agenda, or at the water withdrawal of up to 0.249 mgd. water withdrawal of up to 0.750 mgd. business meeting to offer written or oral 2. Project Sponsor and Facility: 14. Project Sponsor and Facility: comments on other matters scheduled Anadarko E&P Company LP (Pine Novus Operating, LLC (Tioga River), for consideration at the business Creek—2), McHenry Township, Covington Township, Tioga County, Pa. meeting. The chair of the Commission Lycoming County, Pa. Application for Application for surface water reserves the right to limit oral surface water withdrawal of up to 0.499 withdrawal of up to 1.750 mgd. statements in the interest of time and to mgd. 15. Project Sponsor and Facility: otherwise control the course of the 3. Project Sponsor and Facility: Smith Transport Warehouse (Bald Eagle hearing and business meeting. Written Anadarko E&P Company LP (Wolf Run), Creek), Snyder Township, Blair County, comments may also be mailed to the Snow Shoe Township, Centre County, Pa. Application for surface water Susquehanna River Basin Commission, Pa. Application for surface water withdrawal of up to 0.160 mgd. 1721 North Front Street, Harrisburg, withdrawal of up to 0.499 mgd. 16. Project Sponsor and Facility: Pennsylvania 17102–2391, or submitted 4. Project Sponsor: Aqua Sugar Hollow Trout Park and Hatchery, electronically to Richard A. Cairo, Pennsylvania, Inc. Project Facility: Eaton Township, Wyoming County, Pa. General Counsel, e-mail: [email protected] Monroe Manor Water System, Monroe Application for groundwater or Stephanie L. Richardson, Secretary to Township, Snyder County, Pa. withdrawal of up to 0.864 mgd the Commission, e-mail: srichardson@ Application for groundwater combined total from Wells 1, 2, and 3 srbc.net. Comments mailed or withdrawal of up to 0.180 mgd from (Hatchery Well Field). electronically submitted must be Well 4. 17. Project Sponsor and Facility: received prior to September 10, 2010, to 5. Project Sponsor and Facility: Buck Talisman Energy USA Inc. (Seeley be considered. Ridge Stone, LLC (Salt Lick Creek), New Creek), Wells Township, Bradford Authority: Public Law 91–575, 84 Stat. Milford Township, Susquehanna County, Pa. Application for surface 1509 et seq., 18 CFR Parts 806, 807, and 808. County, Pa. Application for surface water withdrawal of up to 0.750 mgd. water withdrawal of up to 0.083 mgd. 18. Project Sponsor and Facility: Dated: August 17, 2010. 6. Project Sponsor and Facility: Talisman Energy USA Inc. (Wyalusing Thomas W. Beauduy, Chesapeake Appalachia, LLC Creek), Stevens Township, Bradford Deputy Director. (Susquehanna River), Mehoopany County, Pa. Application for surface [FR Doc. 2010–21334 Filed 8–26–10; 8:45 am] Township, Wyoming County, Pa. water withdrawal of up to 2.000 mgd. BILLING CODE 7040–01–P

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OFFICE OF THE UNITED STATES DATES: Written comments should be Issued in Washington, DC, on August 23, TRADE REPRESENTATIVE submitted by September 27, 2010. 2010. Carla Scott, FOR FURTHER INFORMATION CONTACT: Membership of the Performance FAA Information Collection Clearance Review Board (PRB) Carla Scott on (202) 267–9895, or by e- Officer, IT Enterprises Business Services mail at: [email protected]. Division, AES–200. AGENCY: Office of the United States [FR Doc. 2010–21452 Filed 8–26–10; 8:45 am] Trade Representative. SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P ACTION: Notice. OMB Control Number: 2120–0690. Title: Certification of Airmen for the SUMMARY: The following staff members Operation of Light-Sport Aircraft. DEPARTMENT OF TRANSPORTATION have been appointed to serve on the Form Numbers: FAA Forms 8710–11, Performance Review Board: Federal Aviation Administration 8610–2, 337, 8110–14, 8110–28. Performance Review Board (PRB) Type of Review: Renewal of an Agency Information Collection Chair: Florizelle Liser information collection. Activities: Request for Comments; Alternate Chair: Barbara Weisel ‘‘ Clearance of a New Information Member: Christopher Wilson Background: The Certification of Aircraft and Airmen for the Operation of Collection: FAA Safety Briefing Member: Lewis Karesh Readership Survey Executive Secretary: Susan Buck Light-Sport Aircraft’’ Final Rule was published in the Federal Register on DATES: Effective Date: August 12, 2010. AGENCY: Federal Aviation July 27, 2004, vol. 69, no. 143, pages Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: 44771–44820. The rule generated a need Questions regarding this submission ACTION: Notice and request for for new designated pilot examiners and comments. should be directed to Lorraine Green, designated airworthiness Deputy Assistant U.S. Trade representatives to support the SUMMARY: In accordance with the Representative for Administration and certification of new aircraft, pilots, flight Paperwork Reduction Act of 1995, FAA Director of Human Resources (202) 395– instructors, and ground instructors. invites public comments about our 7360. Respondents: Approximately 57,214 intention to request the Office of Lorraine Green, pilots and maintenance personnel. Management and Budget (OMB) approval for a new information Deputy Assistant U.S. Trade Representative Frequency: Information is collected for Administration and Director of Human collection. The audience of the FAA Resources. on occasion. Safety Briefing consists of nearly one- [FR Doc. 2010–21371 Filed 8–26–10; 8:45 am] Estimated Average Burden per half million U.S. general aviation pilots, BILLING CODE 3190–W0–P Response: 3 hours. flight instructors, mechanics, and Estimated Total Annual Burden: repairmen. The survey will help the 72,582 hours. editors learn more about the target DEPARTMENT OF TRANSPORTATION audience and how they elect to improve ADDRESSES: Interested persons are their safety skills/practices, and what Federal Aviation Administration invited to submit written comments on they need to know to improve their the proposed information collection to safety skills/practices. With this Agency Information Collection the Office of Information and Regulatory information, the editors can craft FAA Activities: Requests for Comments; Affairs, Office of Management and Safety Briefing content targeted to its Clearance of Renewed Approval of Budget. Comments should be addressed audience to help accomplish the FAA Information Collection: Certification of to the attention of the Desk Officer, and Department of Transportation’s Airmen for the Operation of Light- Department of Transportation/FAA, and mission of improving safety. Sport Aircraft sent via electronic mail to DATES: Written comments should be [email protected], or faxed AGENCY: submitted by October 26, 2010. Federal Aviation to (202)395–6974, or mailed to the FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. Office of Information and Regulatory ACTION: Notice and request for Carla Scott on (202) 267–9895, or by e- Affairs, Office of Management and mail at: [email protected]. comments. Budget, Docket Library, Room 10102, SUPPLEMENTARY INFORMATION: 725 17th Street, NW., Washington, DC SUMMARY: In accordance with the OMB Control Number: 2120–XXXX. 20503. Paperwork Reduction Act of 1995, FAA Title: FAA Safety Briefing Readership invites public comments about our Public Comments Invited: You are Survey. intention to request the Office of asked to comment on any aspect of this Form Numbers: There are no FAA Management and Budget (OMB) information collection, including (a) forms associated with this collection. approval to renew an information Whether the proposed collection of Type of Review: New collection. collection. The Federal Register Notice information is necessary for FAA’s Background: The bimonthly print and with a 60-day comment period soliciting performance; (b) the accuracy of the online publication FAA Safety Briefing comments on the following collection of estimated burden; (c) ways for FAA to is designed to improve general aviation information was published on June 10, enhance the quality, utility and clarity safety by: (a) Making the community 2010, vol. 75, no. 111, pages 32982– of the information collection; and (d) aware of FAA resources, (b) helping 32983. This rule generated a need for ways that the burden could be readers understand safety and new designated pilot examiners and minimized without reducing the quality regulatory issues, and (c) encouraging designated airworthiness of the collected information. The agency continued training. It is targeted to representatives to support the will summarize and/or include your members of the non-commercial general certification of new aircraft, pilots, flight comments in the request for OMB’s aviation community, primarily pilots instructors, and ground instructors. clearance of this information collection. and mechanics. This survey is intended

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to help the editors of FAA Safety authorizations. The information DEPARTMENT OF TRANSPORTATION Briefing better understand the target collected shows applicant eligibility for audience. certification. Federal Aviation Administration Respondents: Approximately 7,000 DATES: Written comments should be Agency Information Collection pilots, flight instructors, mechanics, and submitted by October 26, 2010. Activities: Requests for Comments; repairmen. FOR FURTHER INFORMATION CONTACT: Frequency: One time per respondent. Clearance of Renewed Approval of Carla Scott on (202) 267–9895, or by e- Information Collection: High Density Estimated Average Burden per mail at: [email protected]. Response: Approximately 10 minutes Traffic Airports; Slot Allocation and SUPPLEMENTARY INFORMATION: Transfer Methods per survey. OMB Control Number: 2120–0022. Estimated Total Annual Burden: An Title: Certification: Mechanics, AGENCY: Federal Aviation estimated 1016.6 hours. Repairmen, and Parachute Riggers, FAR Administration (FAA), DOT. ADDRESSES: Send comments to the FAA 65. ACTION: Notice and request for at the following address: Ms. Carla Form Numbers: FAA Forms 8610–1, comments. Scott, Room 712, Federal Aviation 8610–2. Administration, IT Enterprises Business Type of Review: Renewal of an SUMMARY: In accordance with the Services Division, AES–200, 800 information collection. Paperwork Reduction Act of 1995, FAA Independence Ave., SW., Washington, Background: FAR Part 65 prescribes, invites public comments about our DC 20591. among other things, rules governing the intention to request the Office of Public Comments Invited: You are issuance of certificates and associated Management and Budget (OMB) asked to comment on any aspect of this rating for mechanic, repairman, approval to renew an information information collection, including (a) parachute riggers, and issuance of collection. This information collection whether the proposed collection of inspection authorizations. The is used to allocate slots and maintain information is necessary for FAA’s information collected on the forms accurate records of slot transfers at High performance; (b) the accuracy of the submitted for renewal is used for Density Traffic Airports. The estimated burden; (c) ways for FAA to evaluation by the FAA, which is information is provided by air carriers enhance the quality, utility and clarity necessary for issuing a certificate and/or and commuter operators, or other of the information collection; and (d) rating. Certification is necessary to persons holding a slot at High Density ways that the burden could be ensure qualifications of the applicant. Airports. minimized without reducing the quality Respondents: An estimated 41,750 DATES: Written comments should be of the collected information. The agency mechanics, repairmen, and parachute submitted by October 26, 2010. will summarize and/or include your riggers. FOR FURTHER INFORMATION CONTACT: Frequency: Information is collected comments in the request for OMB’s Carla Scott on (202) 267–9895, or by e- on occasion. clearance of this information collection. mail at: [email protected]. Estimated Average Burden per Issued in Washington, DC on August 20, SUPPLEMENTARY INFORMATION: 2010. Response: 20 minutes. Estimated Total Annual Burden: OMB Control Number: 2120–0524. Carla Scott, 31,838 hours. Title: High Density Traffic Airports; FAA Information Collection Clearance Slot Allocation and Transfer Methods. ADDRESSES: Send comments to the FAA Officer, IT Enterprises Business Services Form Numbers: There are no FAA at the following address: Ms. Carla Division, AES–200. forms associated with this information Scott, Room 712, Federal Aviation [FR Doc. 2010–21214 Filed 8–26–10; 8:45 am] collection. Administration, IT Enterprises Business BILLING CODE 4910–13–P Type of Review: Renewal of an Services Division, AES–200, 800 information collection. Independence Ave., SW., Washington, Background: The information is DEPARTMENT OF TRANSPORTATION DC 20591. reported to the FAA by air carriers and Public Comments Invited: You are commuter operators or other persons asked to comment on any aspect of this Federal Aviation Administration holding a slot at high density airports. information collection, including (a) Generally, the information collection Agency Information Collection Whether the proposed collection of requirements involve the air carriers or Activities: Requests for Comments; information is necessary for FAA’s commuter operators notifying the FAA Clearance of Renewed Approval of performance; (b) the accuracy of the of their current and planned activities Information Collection: Certification: estimated burden; (c) ways for FAA to regarding use of the arrival and Mechanics, Repairmen, and Parachute enhance the quality, utility and clarity departure slots at high density airports. Riggers, FAR 65 of the information collection; and (d) The air carriers or commuter operators ways that the burden could be AGENCY: must notify the FAA of: (1) Requests for Federal Aviation minimized without reducing the quality confirmation of transferred slots; (2) Administration (FAA), DOT. of the collected information. The agency slots required to be returned or slots ACTION: Notice and request for will summarize and/or include your voluntarily returned; (3) requests to be comments. comments in the request for OMB’s included in a lottery for available slots; clearance of this information collection. SUMMARY: In accordance with the (4) usage of slots on a bi-monthly basis; Paperwork Reduction Act of 1995, FAA Issued in Washington, DC, on August 23, and (5) requests for short-term use of invites public comments about our 2010. off-peak hour slots. The information is intention to request the Office of Carla Scott, used to allocate and withdraw takeoff Management and Budget (OMB) FAA Information Collection Clearance and landing slots at high density approval to renew an information Officer, IT Enterprises Business Services airports, and confirms transfers of slots collection. FAR part 65 prescribes Division, AES–200. made among the operators. requirements for mechanics, repairmen, [FR Doc. 2010–21440 Filed 8–26–10; 8:45 am] Respondents: Approximately 14 air parachute riggers, and inspection BILLING CODE 4910–13–P carriers and commuter operators.

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Frequency: Information is collected DATES: Written comments should be DEPARTMENT OF TRANSPORTATION on occasion. submitted by October 26, 2010. Estimated Average Burden per Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Response: 34 minutes. Estimated Total Annual Burden: 771 Carla Scott on (202) 267–9895, or by e- Agency Information Collection hours. mail at: [email protected]. Activities: Requests for Comments; ADDRESSES: Send comments to the FAA SUPPLEMENTARY INFORMATION: Clearance of Renewed Approval of Information Collection: Physiological at the following address: Ms. Carla OMB Control Number: 2120–0020. Scott, Room 712, Federal Aviation Training Title: Maintenance, Preventative Administration, IT Enterprises Business AGENCY: Federal Aviation Services Division, AES–200, 800 Maintenance, Rebuilding and Alteration. Administration (FAA), DOT. Independence Ave., SW., Washington, ACTION: Notice and request for DC 20591. Form Numbers: FAA Form 337. comments. Public Comments Invited: You are Type of Review: Renewal of an asked to comment on any aspect of this information collection. SUMMARY: In accordance with the information collection, including (a) Paperwork Reduction Act of 1995, FAA Whether the proposed collection of Background: The information invites public comments about our information is necessary for FAA’s collection associated with FAR 43 is intention to request the Office of performance; (b) the accuracy of the necessary to ensure that maintenance, Management and Budget (OMB) estimated burden; (c) ways for FAA to rebuilding, or alteration of aircraft, approval to renew an information enhance the quality, utility and clarity aircraft components, etc., is performed collection. This report is necessary to of the information collection; and (d) by qualified individuals and at proper establish qualifications of eligibility to ways that the burden could be intervals. Further, proper maintenance receive voluntary physiological training minimized without reducing the quality records are essential to ensure that an with the U.S. Air Force and will be used of the collected information. The agency aircraft is properly maintained and is as proper evidence of training. The will summarize and/or include your mechanically safe for flight. information is collected from pilots and comments in the request for OMB’s Respondents: An estimated 87,769 crewmembers for application to receive clearance of this information collection. certified mechanics, repair stations, and voluntary training. Issued in Washington, DC, on August 23, air carriers authorized to perform DATES: Written comments should be 2010. maintenance. submitted by October 26, 2010. Carla Scott, Frequency: Information is collected FOR FURTHER INFORMATION CONTACT: FAA Information Collection Clearance annually. Carla Scott on (202) 267–9895, or by Officer, IT Enterprises Business Services Estimated Average Burden per e-mail at: [email protected]. Division, AES–200. Response: 30 minutes per response. SUPPLEMENTARY INFORMATION: [FR Doc. 2010–21443 Filed 8–26–10; 8:45 am] Estimated Total Annual Burden: OMB Control Number: 2120–0101. BILLING CODE 4910–13–P Title: Physiological Training. 138,083 hours. Form Numbers: AC Form 3150–7. ADDRESSES: Send comments to the FAA Type of Review: Renewal of an DEPARTMENT OF TRANSPORTATION at the following address: Ms. Carla information collection. Scott, Room 712, Federal Aviation Background: The submission of this Federal Aviation Administration Administration, IT Enterprises Business application information is authorized by the Federal Aviation Reauthorization Agency Information Collection Services Division, AES–200, 800 Act 1996. The collection of information Activities: Requests for Comments; Independence Ave., SW., Washington, is necessary to determine if the Clearance of Renewed Approval of DC 20591. applicants meet the qualifications for Information Collection: Maintenance, Public Comments Invited: You are training under the FAA/USAF training Preventative Maintenance, Rebuilding asked to comment on any aspect of this agreement. The information is used by and Alteration information collection, including (a) the Aeromedical Education Division Whether the proposed collection of (AAM–400) to determine if the AGENCY: Federal Aviation information is necessary for FAA’s applicant is qualified to receive Administration (FAA), DOT. performance; (b) the accuracy of the physiological training. ACTION: Notice and request for estimated burden; (c) ways for FAA to Respondents: An estimated 5,500 comments. enhance the quality, utility and clarity pilots and crewmembers. of the information collection; and (d) SUMMARY: In accordance with the Frequency: Information is collected Paperwork Reduction Act of 1995, FAA ways that the burden could be on occasion. invites public comments about our minimized without reducing the quality Estimated Average Burden per intention to request the Office of of the collected information. The agency Response: 8 minutes. Management and Budget (OMB) will summarize and/or include your Estimated Total Annual Burden: 733 approval to renew an information comments in the request for OMB’s hours. clearance of this information collection. collection. FAR Part 43 prescribes the ADDRESSES: Send comments to the FAA rules governing maintenance, Issued in Washington, DC, on August 23, at the following address: Ms. Carla rebuilding, and alteration of aircraft 2010. Scott, Room 712, Federal Aviation components, and is necessary to ensure Carla Scott, Administration, IT Enterprises Business this work is performed by qualified FAA Information Collection Clearance Services Division, AES–200, 800 persons, and at proper intervals. This Officer, IT Enterprises Business Services Independence Ave., SW., Washington, work is done by certified mechanics, Division, AES–200. DC 20591. repair stations, and air carriers [FR Doc. 2010–21453 Filed 8–26–10; 8:45 am] Public Comments Invited: You are authorized to perform maintenance. BILLING CODE 4910–13–P asked to comment on any aspect of this

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information collection, including (a) the North County Corridor the following tribal groups: Tule River Whether the proposed collection of Transportation Expressway Authority, Indian Tribe, Southern Sierra Miwuk information is necessary for FAA’s will prepare an EIS on a proposal for the Nation, and North Valley Yokuts Tribe. performance; (b) the accuracy of the North County Corridor highway project The environmental scoping process estimated burden; (c) ways for FAA to in Stanislaus County, California. The begins with the publication of this enhance the quality, utility and clarity North County Corridor project begins Notice of Intent. Public scoping of the information collection; and (d) from State Route 99 in the vicinity of meetings will be held in the Oakdale ways that the burden could be Kiernan Avenue/the Salida community, Community Center, 110 South Second minimized without reducing the quality and extends east approximately 25 Avenue, Oakdale, California 95361 on of the collected information. The agency miles to State Route 108/120, east of the Wednesday, September 8, 2010 from will summarize and/or include your city of Oakdale. The North County 6:30 p.m. to 8 p.m., and in the Salida comments in the request for OMB’s Corridor project is proposed to relocate Regional Library, 4835 Sisk Road, clearance of this information collection. State Route 108 with a freeway/ Salida, California 95368 on Monday, Issued in Washington, DC, on August 23, expressway and is considered necessary September 13, 2010 from 6:30 p.m. to 2010. to accommodate anticipated traffic 8 p.m. Carla Scott, growth in northern Stanislaus County, To ensure that the full range of issues FAA Information Collection Clearance alleviate traffic on parallel roadways, related to this proposed action are Officer, IT Enterprises Business Services accommodate multi-modal travel, addressed and all significant issues Division, AES–200. provide interregional connectivity, and identified, comments and suggestions [FR Doc. 2010–21454 Filed 8–26–10; 8:45 am] to provide for economic growth. Total are invited from all interested parties. BILLING CODE 4910–13–P funding for the future 25 mile relocation Comments or questions concerning this of State Route 108 has not been proposed action and the EIS should be identified. As a result, Caltrans is directed to Caltrans at the address DEPARTMENT OF TRANSPORTATION planning a phased approach as provided above. All written scoping additional funds become available for comments must be received by Federal Highway Administration the construction of the future 25 mile September 30, 2010. freeway/expressway facility with Environmental Impact Statement: interchanges, grade-separated railroad (Catalog of Federal Domestic Assistance Stanislaus County, CA Program Number 20.205, Highway Planning crossings, at-grade intersections, and Construction. The regulations AGENCY: Federal Highway frontage roads, and street alignments. implementing Executive Order 12372 Administration (FHWA), DOT. Current alternatives under regarding intergovernmental consultation on consideration at this time include, but ACTION: Notice of Intent. Federal programs and activities apply to this not necessarily limited to, (1) taking no program.) SUMMARY: The FHWA, on behalf of the action and (2) consideration of at least Issued on: August 23, 2010. three different alignments for the California Department of Transportation Cindy Vigue, (Caltrans), is issuing this notice to potential relocation of State Route 108. It is anticipated that the proposed Director, State Programs Federal Highway advise the public that an Environmental Administration Sacramento, California. Impact Statement (EIS) will be prepared project may require the following [FR Doc. 2010–21336 Filed 8–26–10; 8:45 am] for a proposed highway project in federal permits and approvals: A Stanislaus County, California. Biological Opinion from the United BILLING CODE 4910–22–P DATES: Public scoping meetings to be States Fish & Wildlife Service, approval of a PM –PM Hot Spot Analysis by held Wednesday, September 8, 2010 10 2.5 DEPARTMENT OF TRANSPORTATION and Monday, September 13, 2010. All the Inter-Agency Consultation written scoping comments must be Committee, an Air Quality Conformity Federal Highway Administration received by September 30, 2010. determination from the FHWA, Section 401, 402 and 404 permits under the ADDRESSES: The Wednesday, September Notice of Funding Availability Clean Water Act and a Farmland 8, 2010 meeting will occur at the Application Procedure and Deadlines Conversion Impact Rating For Corridor Oakdale Community Center, 110 South for the Truck Parking Facilities Type Projects from the United States Second Avenue, Oakdale, California Program Soil Conservation Service. The EIS for 95361. The Monday, September 13, this initial phase of the proposed project AGENCY: Federal Highway 2010 meeting will occur at the Salida would authorize preservation of the Administration (FHWA), DOT. Regional Library, 4835 Sisk Road, corridor from McHenry to State Route ACTION: Notice; solicitation of Salida, California 95368. 99 and construction and operation of applications. FOR FURTHER INFORMATION CONTACT: Gail the first constructible phase from Miller, Senior Environmental Planner, McHenry to State Route 108/120. SUMMARY: This notice solicits Central Sierra Environmental Analysis Subsequent funded project phases will applications for the truck parking Branch, California Department of require either re-evaluation and/or facilities initiative for which funding is Transportation, 2015 East Shields subsequent environmental available under section 1305 of Public Avenue, Suite 100, Fresno, California documentation for project-specific Law 109–59, 119 Stat. 1214–15, the 93726, (559) 243–8274 or (209) 948– impacts. Safe, Accountable, Flexible, Efficient 3646, [email protected]. Letters describing the proposed action Transportation Equity Act: A Legacy for SUPPLEMENTARY INFORMATION: Effective and soliciting comments will be sent to Users (SAFETEA–LU). The SAFETEA– July 1, 2007, FHWA assigned, and appropriate Federal, State, Participating LU directed the Secretary to establish a Caltrans assumed, environmental and Cooperating Agencies, and local pilot program to address the shortage of responsibilities for this project pursuant agencies, and to private organizations long-term parking for commercial motor to 23 U.S.C. 327. Caltrans as the and citizens who have previously vehicles (CMV) on the National delegated National Environmental expressed or are known to have interest Highway System. States, metropolitan Policy Act agency, in cooperation with in this proposal. Letters will be sent to planning organizations (MPOs) and

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local governments are eligible for the The shortage of long-term truck Guide to Park and Ride Facilities, funding available for fiscal years (FY) parking on the NHS is a problem that 2004 2006–2009. Section 411 of Title IV of needs to be addressed. Several States Guide for Development of Rest Areas Public Law 111–147, the Surface have completed truck parking needs on Major Arterials and Freeways, Transportation Extension Act of 2010, analyses recently and have found that Third Edition 124 Stat. 78, extended funding for the severe and pervasive shortages exist. Transportation Research Board (http:// Truck Parking Facilities program for FY Their recommendations include trb.org) 2010 and the first quarter of FY 2011 expansion or improvement of public Access Management Manual (through December 31, 2010). The rest areas; expansion or improvement of Institute of Transportation Engineers SAFETEA–LU section 1305 authorizes a commercial truck stops and travel (http://www.ite.org) wide range of eligible projects and plazas; use of public-private Transportation Impact Analysis for activities, ranging from construction of partnerships; and educating or Site Development: An ITE Proposed commercial motor vehicle spaces and informing drivers about available Recommended Practice, 2006 other capital improvements that spaces. This lack of available parking 5. Construct commercial motor facilitate CMV parking including the use not only adds to congestion in urban vehicle parking facilities adjacent to of intelligent transportation systems areas, but also may affect safety by commercial truck stops and travel (ITS) technology to increase information reducing the opportunities for drivers to plazas; and on the availability of both public and obtain rest needed to comply with the 6. Construct safety rest areas that private CMV parking spaces. For Federal Motor Carrier Safety include parking for commercial motor purposes of this program, long-term Regulations, Hours of Service of Drivers vehicles. parking is defined as parking available (49 CFR 395.3(a)(1)). Further, parking In FY 2008, FHWA awarded funding for 10 or more consecutive hours. areas are often designed or maintained to two projects designed to disseminate DATES: Applications must be received for short-term parking only. Section information on the availability and/or by the FHWA no later than October 26, 1305 of SAFETEA–LU directed the location of public or private long-term 2010. Secretary of Transportation to establish parking spaces to provide the greatest ADDRESSES: The FHWA Office of Freight a pilot program to address the long-term opportunity to maximize the Management and Operations mailing parking shortages along the NHS. effectiveness of this pilot program. address is FHWA–HOFM, 1200 New Eligible projects under section 1305 These projects, being developed on the Jersey Avenue, SE.; MS E84–402, include projects that: I–95 Corridor in the Northeast and the Washington, DC 20590. 1. Promote the real-time I–5 Corridor in California, employ a FOR FURTHER INFORMATION CONTACT: Mr. dissemination of publicly or privately program based on improving the truck Tom Kearney, Office of Freight provided commercial motor vehicle operator’s awareness of truck parking Management and Operations, (518) 431– parking availability on the NHS using opportunities. In June 2010, five 4125 ext. 218, [email protected]; for ITS and other technology based additional awards were made by the legal questions, Mr. Robert Black, Office solutions; DOT to projects in Utah, Mississippi, of the Chief Counsel, (202) 366–1359, 2. Open non-traditional facilities to Oregon, Tennessee, and Pennsylvania. [email protected]; Federal Highway commercial motor vehicle parking, Work to be completed by these projects Administration, Department of including inspection and weigh include expanding current truck parking Transportation, 1200 New Jersey stations, and park and ride facilities; facilities, converting a weigh station to Avenue, SE., Washington, DC 20590. 3. Make capital improvements to a truck parking facility, and Office hours are from 7:45 a.m. to 4:15 public commercial motor vehicle disseminating truck parking p.m., Monday through Friday, except parking facilities currently closed on a opportunities to drivers by using ITS Federal holidays. seasonal basis to allow the facilities to and 511 traveler information systems. remain open year round; SUPPLEMENTARY INFORMATION: The Secretary is authorized to provide 4. Construct turnouts or connectors Federal grant assistance for the Truck Electronic Access along the NHS (which must comply Parking Facilities pilot program on a An electronic copy of this notice may with appropriate design standards) to discretionary basis. The FHWA will be downloaded from the Office of the facilitate commercial motor vehicle make recommendations to the Secretary Federal Register’s home page at http:// access to parking facilities, and/or toward projects that should be www.archives.gov and the Government improve the geometric design of considered for funding. Accordingly, Printing Office’s Web site at http://www. interchanges to improve access to FHWA will give priority consideration access.gpo.gov. commercial motor vehicle parking to applications for Truck Parking facilities. This should include projects from those States, MPO’s, and I. Background improvements to the local street local governments that have measurable The Truck Parking Facilities Program network or access to the proposed safety, congestion reduction and air furthers the goals of the DOT in parking site. Applicable references, quality benefits. The FHWA seeks addressing congestion and safety including standards, recommended solutions at a corridor level and concerns on the Nation’s highways. By industry practices, and references that encourages multi-State cooperation in creating a program that provides funds provide technical guidance to assist proposals for this program. to address long-term truck parking on State and local agencies in addressing The candidate projects must meet the the National Highway System (NHS), truck parking issues, are listed below: eligibility criteria for the Truck Parking the DOT anticipates that commercial AASHTO (http:// Facilities Program and will be evaluated motor vehicles will be better able to www.transportation.org) on the selection criteria established for plan rest stops and better time their A Policy on Geometric Design of the program along with the safety and transit or loading/unloading within Highways and Streets, 2004 (Green congestion criteria described below. urban areas, thereby reducing the urban Book) Although funding for the Truck Parking area’s congestion and supporting safe A Policy on Design Standards Facilities Program is limited, large-scale highway operations. Interstate System, January 2005 corridor focused projects are encouraged

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to apply for Truck Parking Facilities promote safety and congestion relief, 2. The rationale for the project should Program funding. and/or addresses major freight include an analysis and demonstration Highway safety continues to remain a bottlenecks. of how the proposed project will focus and priority for FHWA. Targeting Appropriate quantitative data should positively affect truck parking, safety, discretionary funding, in a results- be provided to support the safety and economic competitiveness and oriented comprehensive approach to congestion relief discussion. sustainability, traffic congestion, or air safety, is a means of directing limited quality in the identified corridor. discretionary funding to those projects II. Funding Information 3. The scope of work should include that will yield tangible transportation The FHWA expects that a complete listing of activities to be and safety benefits. With respect to approximately $7.3 million will be funded by the request, including safety, applicants should describe the available to award under this technology development, information safety benefits associated with the solicitation for projects. Projects funded processing, information integration project or activity for which funding is under this section shall be treated as activities, developmental phase sought, including whether the project, projects on a Federal-aid System under activities (planning, feasibility analysis, activity, or improvement: Chapter 1 of Title 23, United States environmental review, engineering or • Will result in a measurable Code (U.S.C.). design work, and other activities), reduction in the loss of property, injury, Grants may be funded at an 80 to 100 construction, reconstruction, acquisition or life; of real property (including land related • percent funding level based on the Incorporates innovative safety criteria specified in sections 120(b) and to the project and improvements to design techniques that support safe 120(c) of Title 23, U.S.C. land), environmental mitigation, highway operations and advance the construction contingencies, acquisition ‘‘state-of-the practice’’ in delivering III. Application Submission of equipment, and operational highway safety projects focusing on This notice will also be posted on the improvements. 4. Stakeholder identification should commercial vehicle operations or other FHWA Office of Freight Management include evidence of prior consultation operational techniques; and Operations Web site, http://www. • Incorporates innovative and/or partnership with affected MPOs, ops.fhwa.dot.gov/freight. Electronic construction work zone strategies to local governments, community groups, versions of project applications in .pdf improve safety; private providers of commercial motor file format should be attached to an e- • Is located on a rural road that is in vehicle parking, and motorist and mail and submitted to need of priority attention based on trucking organizations. Also include a [email protected]. Alternatively, analysis of safety experience; and/or listing of all public and private partners, hard copies of project applications may • Is located in an urban area of high and the role each will play in the injury or fatality, and is an initiative to be submitted; in that case, an original execution of the project. Commitment/ improve the design, operation or other and 10 copies of each application can be consultation examples may include: aspect of the existing facility that will submitted. Please note electronic Memorandums of Agreement, result in a measurable safety submissions in .pdf file format are Memorandums of Understanding, improvement. encouraged in place of hard copy contracts, meeting minutes, letters of Increasing national mobility and submissions. Awarded projects will be support/commitment, and productivity while reducing congestion administered by the applicable State documentation in a metropolitan is also a priority for FHWA. In support Department of Transportation as a transportation improvement program of a high-velocity, global supply chain Federal-aid grant. (TIP) or statewide transportation that supports competitiveness in the In accordance with the Paperwork improvement program (STIP). global economy, safe and efficient Reduction Act, we have received 5. A detailed quantification of eligible commercial vehicle operations are clearance from the Office of project costs by activity, an essential. Reliability of travel times and Management and Budget (OMB) for this identification of all funding sources that the sustainability of benefits generated action (OMB Control number 2125– will supplement the grant and be through investments in the U.S. 0610, April 30, 2013). necessary to fully fund the project, and highway system are key objectives that IV. Proposal Content the anticipated dates on which the FHWA is striving to achieve to support additional funds are to be made national economic competitiveness. The All proposals should include the available. Public and private sources of application of discretionary funding to following: funds (non-Federal commitment) will be improve mobility and reduce congestion 1. A detailed project description, considered by the FHWA as an in-kind will yield tangible transportation and which would include a description of match contributing to the project. economic benefits that should far the severity and extent of the long-term Matching funds will be required for exceed the limited amount of truck parking shortage in the corridor to projects eligible under 23 U.S.C. 120(b). discretionary funding provided to the be addressed, along with contact 6. Applicants should provide a project. In furtherance of measuring the information for the project’s primary timeline that includes work to be congestion reduction and mobility point of contact, and whether funds are completed and anticipated funding benefits associated with a project that being requested under 23 U.S.C. 120(b) cycles. Gantt charts are preferred. qualifies for funding under the Truck or 120(c). Data helping to define the 7. Include a timeline for complying Parking Facilities Program, within the shortage may include truck volume with National Environmental Policy Act application, the applicant should (Average Daily Truck Traffic—ADTT) in requirements and the type of clearance describe how the project, activity or the corridor to be addressed, current received or anticipated. improvement: number of long-term commercial motor 8. Include a project map that consists • Relieves congestion in an urban vehicle parking spaces, use of current of a schematic illustration depicting the area or along a major transportation long-term parking spaces, driver project and connecting transportation corridor; surveys, observational field studies, infrastructure. Digital maps should • Employs operational and proximity to freight loading/unloading accompany all submissions, either hard technological improvements that facilities, and proximity to the NHS. copy or electronic submissions made in

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.pdf file format. Please reference in the Æ How many truck parking spaces must execute and return the grant proposal if the maps are available. will be used per day per dollar agreement, accompanied by any 9. Describe a measurement plan to expended. additional items required by the grant determine whether or not the project Æ Total cost of project, including all agreement. achieved its intended results. The non-Federal funds that will be Authority: Section 1305, Pub. L. 109–59, measurement plan should continue for contributed to the project. 119 Stat. 1214, Aug. 10, 2005; Section 411, 3 years beyond the completion date of 4. Scope of proposal. (20 percent) Pub. L. 111–147, 124 Stat. 78. the project. After the 3-year period, a Examples should include: Issued on: August 17, 2010. Æ Evidence of a wide range of input final report quantifying the results of the Victor M. Mendez, project should be submitted to the from affected parties, including State Administrator. FHWA. and local governments, community 10. Proposals should not exceed 20 groups, private providers of commercial [FR Doc. 2010–21323 Filed 8–26–10; 8:45 am] pages in length. motor vehicle parking, and motorist and BILLING CODE 4910–22–P Special Note: A description of the project trucking organizations. Æ For projects that are ITS-based, the management approach that will guide DEPARTMENT OF TRANSPORTATION advancement of the project must be included project management plan presented in for project applications proposing ITS or the application should demonstrate the Federal Aviation Administration other technology based truck parking project will successfully be delivered. solutions. The FHWA encourages in the Æ Whether the principles outlined in Aviation Rulemaking Advisory project management approach a minimum of the proposal can be applied to other Committee; Transport Airplane and a communications plan, a risk management locations/projects and possibly serve as Engine Issues—New Task plan and a work breakdown structure. a model for other locations. AGENCY: Federal Aviation V. Application Review Information B. Review Standards Administration (FAA), DOT. Grant applications that contain the 1. All applications for grants should ACTION: Notice of new task assignment elements detailed in this notice will be be submitted to the e-mail address or for the Aviation Rulemaking Advisory scored competitively according to the mailing address provided in this Notice Committee (ARAC). soundness of their methodology and by the date specified in this notice. SUMMARY: subject to the criteria listed below. Sub- 2. Applicants should ensure that the The FAA assigned the factors listed under each factor are of project proposal is compatible with or Aviation Rulemaking Advisory equal importance unless otherwise documented on their planning Committee a new task to review and noted. documents (TIP and STIP). They should submit recommendations in response to also validate, to the extent they can, any the Federal Aviation Administration’s A. Scoring Criteria analytic data. approach to update, reorganize and 1. Demonstration of severe shortage 3. Each application will be reviewed improve the level of safety of (number of spaces, access to existing for conformance with the provisions in requirements for flammability of spaces or information/knowledge of this notice. materials. This notice is to inform the space availability) of commercial motor 4. Applications lacking any of the public of this ARAC activity. vehicle parking capacity/utilization in mandatory elements or arriving after the FOR FURTHER INFORMATION CONTACT: Jeff the corridor. (Multi-State highway deadline for submission will not be Gardlin, Airframe/Cabin Safety Branch, corridors are the focus of these projects. considered. To assure full ANM–115, Transport Airplane Consider the business requirements of consideration, proposals should not Directorate, Federal Aviation getting the goods to market, while also exceed 20 pages in length. Administration, 1601 Lind Avenue, considering the government regulations 5. Applicants may be contacted for SW., Renton, Washington 98057, associated with hours of service.) (20 additional information or clarification. telephone (425) 227–2194, facsimile percent) 6. Applications complying with the (425) 227–1149; e-mail jeff.gardlin@faa. Examples used to demonstrate severe requirements outlined in this notice will gov. shortage may include: be evaluated competitively by a review SUPPLEMENTARY INFORMATION: Æ ADTT in proposal area. panel, and will be scored as described Background Æ Average daily shortfall of truck in the scoring criteria. parking in proposal area. 7. If the FHWA determines that the The FAA established the Aviation Æ Ratio of ADTT to average daily project is technically or financially Rulemaking Advisory Committee to shortfall of truck parking in proposal unfeasible, FHWA will notify the provide advice and recommendations to area. applicant, in writing. the FAA Administrator on the FAA’s Æ Proximity to NHS. 8. The FHWA reserves the right to rulemaking activities with respect to 2. The extent to which the proposed partially fund or request modification of aviation-related issues. This includes solution resolves the described shortage. projects. obtaining advice and recommendations (35 percent) 9. All information described in the on flammability requirements for Examples should include: submitter’s proposal elements should be interior materials on transport category Æ Number of truck parking spaces per quantifiable and sourced. airplanes. The committee will address day that will be used as a result of the the task under ARAC’s Transport VI. Award Administration Information proposed solution. Airplane and Engine Issues and has Æ The effect on highway safety, The Secretary recognizes that each established a new Materials economic competitiveness and funded project is unique, and therefore Flammability Working Group to support sustainability, traffic congestion, and/or may attach conditions to project award this task. air quality. documents. The FHWA will send an The flammability requirements for 3. Cost effectiveness of proposal. (25 award letter with a grant agreement that interior materials on transport category percent) contains all the terms and conditions for airplanes have evolved significantly Examples should include: the grant. These successful applicants over the years, and have become more

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threat-based. That is, a realistic test very interested in obtaining 2. Give a detailed conceptual method based on the type of fire hazard international harmonization. Therefore, presentation of the proposed most critical for the components in the FAA specifically invites the recommendations prior to proceeding question. Historically, these participation of other regulatory with the work stated in item 3 below. requirements were based on a mix of authorities in developing the responses 3. Draft the appropriate documents threat, usage (e.g., sidewall), and to the below task. and required analyses and/or any other material type (e.g., elastomeric related materials or documents. The Task materials). This has led to multiple 4. Provide a status report at each requirements applying to the same The ARAC is asked to consider the meeting of the ARAC held to consider component; conflicting requirements for merits of the FAA’s proposed approach Transport Airplane and Engine Issues. the same component depending on what for a threat-based structure for part 25, material it is made from; and ambiguous Appendix F, and make Participation in the Working Group requirements for components not recommendations for improvement, The Materials Flammability Working explicitly listed in § 25.853 or Appendix classification of the various parts of Group will be composed of technical F, part I. This last aspect results in the Appendix F, and advisory material experts having an interest in the requirements of § 25.853 or Appendix F, necessary for implementation. assigned task. A working group member part I, being obsolete whenever FAA will provide ARAC with the need not be a member, or a materials change or incomplete because proposed approach. The ARAC working representative of a member, of the full components that have been developed group is expected to produce a report committee. since the regulation and Appendix F within 18 months from publication of If you have expertise in the subject were issued are not specifically the tasking statement in the Federal matter and wish to become a member of identified. Register. The report should address the the working group, write to the person The FAA has drafted an approach that following questions for the proposed listed under the caption FOR FURTHER would simplify compliance approach, including the rationale for the INFORMATION CONTACT expressing that demonstrations, and upgrade the level responses. desire. Describe your interest in the task of safety for flammability throughout the 1. Is the proposed threat-based and state the expertise you would bring airplane. The objective of the proposed approach for § 25.853 and Appendix F, to the working group. We must receive approach is to completely revisit the parts II through VII organized correctly? all requests by September 16, 2010. The flammability requirements and take 2. Is Appendix F, part I, necessary for assistant chair and the assistant advantage of the wealth of data available items covered in parts II through VII? executive director will review the from FAA research and advances in 3. Are there regions of the airplane requests and advise you whether or not material fire safety to provide a simpler not currently covered by flammability your request is approved. regulation that provides a higher level of requirements that should be? If you are chosen for membership on safety for transport category airplanes. 4. Can the flammability requirements the working group, you must represent This initiative originated in response be further simplified while maintaining your aviation community segment and to a request by aviation industry or improving the existing level of safety? actively participate in the working organizations who participate in the 5. How should non-metallic structure group by attending all meetings, and International Aircraft Materials Fire Test (e.g., airframe and seats) be addressed? Working Group. The working group is 6. What advisory material is needed to providing written comments when sponsored by the FAA’s William J. implement the new structure? requested to do so. You must devote the Hughes Technical Center and is not Schedule: Required Completion date resources necessary to support the affiliated with the ARAC. is 18 months after the FAA publishes working group in meeting any assigned The proposed approach would clearly the task in the Federal Register. deadlines. You must keep your delineate threat-based requirements, management chain and those you primarily based on a component’s ARAC Acceptance of Task represent advised of working group function and location in the airplane. ARAC accepted the task and assigned activities and decisions to ensure that Appendix F to part 25 could be the task to the newly formed Materials the proposed technical solutions don’t organized based on these threats, and Flammability Working Group, Transport conflict with your sponsoring the current part I, in particular, could be Airplane and Engine Issues. The organization’s position when the subject greatly simplified. In addition, this working group serves as staff to ARAC being considered is presented to ARAC approach could include new and assists in the analysis of assigned for approval. Once the working group requirements pertaining to inaccessible tasks. ARAC must review and approve has begun deliberations, members will areas of the airplane, where in-flight fire the working group’s recommendations. not be added or substituted without the is the greatest risk, by expanding the If ARAC accepts the working group’s approval of the assistant chair, the requirements to include air ducts and recommendations, it will forward them assistant executive director and the electrical wiring systems, as well as to the FAA. working group chair. other high volume materials. This could The Secretary of Transportation include § 25.855 for materials in cargo Working Group Activity determined that the formation and use compartments. The approach would The Materials Flammability Working of the ARAC is necessary and in the also generalize the requirements for heat Group must comply with the procedures public interest in connection with the release and smoke emissions to include adopted by ARAC. As part of the performance of duties imposed on the all exposed large surface areas in the procedures, the working group must: FAA by law. passenger cabin. This would eliminate 1. Recommend a work plan for Meetings of the ARAC are open to the the need for special conditions that are completion of the task, including the public. Meetings of the Materials currently required for seats with non- rationale supporting such a plan for Flammability Working Group will not traditional, large, non-metallic panels. consideration at the next meeting of the be open to the public, except to the Because this task could result in a ARAC on Transport Airplane and extent individuals with an interest and significant change to the type Engine Issues held following expertise are selected to participate. The certification requirements, the FAA is publication of this notice. FAA will make no public

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announcement of working group Docket: For access to the docket to he has had no hypoglycemic reactions meetings. read background documents or resulting in loss of consciousness, Issued in Washington, DC, on August 23, comments, go to http:// requiring the assistance of another 2010. www.regulations.gov at any time or person, or resulting in impaired Pamela Hamilton-Powell, Room W12–140 on the ground level of cognitive function that occurred without warning in the past 5 years; understands Executive Director, Aviation Rulemaking the West Building, 1200 New Jersey Advisory Committee. Avenue, SE., Washington, DC, between diabetes management and monitoring; 9 a.m. and 5 p.m., Monday through has stable control of his diabetes using [FR Doc. 2010–21333 Filed 8–26–10; 8:45 am] Friday, except Federal holidays. The insulin; and is able to drive a CMV BILLING CODE 4910–13–P Federal Docket Management System is safely. Mr. Bergendale meets the available 24 hours each day, 365 days requirements of the vision standard at DEPARTMENT OF TRANSPORTATION each year. If you want acknowledgment 49 CFR 391.41(b)(10). His optometrist that we received your comments, please examined him in 2010 and certified that Federal Motor Carrier Safety include a self-addressed, stamped he does not have diabetic retinopathy. Administration envelope or postcard or print the He holds a Class D operator’s license acknowledgement page that appears from Massachusetts. [Docket No. FMCSA-2010–0202] after submitting comments on-line. Charles K. Bond Privacy Act: Anyone may search the Qualification of Drivers; Exemption Mr. Bond, 45, has had ITDM since Applications; Diabetes Mellitus electronic form of all comments received into any of our dockets by the 2009. His endocrinologist examined him AGENCY: Federal Motor Carrier Safety name of the individual submitting the in 2010 and certified that he has had no Administration (FMCSA). comment (or of the person signing the hypoglycemic reactions resulting in loss of consciousness, requiring the ACTION: Notice of applications for comment, if submitted on behalf of an assistance of another person, or exemption from the diabetes mellitus association, business, labor union, etc.). resulting in impaired cognitive function standard; request for comments. You may review DOT’s Privacy Act Statement for the FDMS published in that occurred without warning in the SUMMARY: FMCSA announces receipt of the Federal Register on January 17, past 5 years; understands diabetes applications from 39 individuals for 2008 (73 FR 3316), or you may visit management and monitoring; has stable exemption from the prohibition against http://edocket.access.gpo.gov/2008/pdf/ control of his diabetes using insulin; persons with insulin-treated diabetes E8–785.pdf. and is able to drive a CMV safely. Mr. Bond meets the requirements of the mellitus (ITDM) operating commercial FOR FURTHER INFORMATION CONTACT: Dr. motor vehicles (CMVs) in interstate Mary D. Gunnels, Director, Medical vision standard at 49 CFR 391.41(b)(10). commerce. If granted, the exemptions Programs, (202) 366–4001, His ophthalmologist examined him in would enable these individuals with [email protected], FMCSA, 2010 and certified that he has stable ITDM to operate CMVs in interstate Department of Transportation, 1200 nonproliferative diabetic retinopathy. commerce. New Jersey Avenue, SE., Room W64– He holds a Class A Commercial Driver’s License (CDL) from Pennsylvania. DATES: Comments must be received on 224, Washington, DC 20590–0001. or before September 27, 2010. Office hours are from 8:30 a.m. to 5 Dennis J. Callanan ADDRESSES: You may submit comments p.m., Monday through Friday, except Mr. Callanan, 56, has had ITDM since bearing the Federal Docket Management Federal holidays. 2008. His endocrinologist examined him System (FDMS) Docket No. FMCSA– Background in 2010 and certified that he has had no 2010–0202 using any of the following hypoglycemic reactions resulting in loss Under 49 U.S.C. 31136(e) and 31315, methods: of consciousness, requiring the FMCSA may grant an exemption from • Federal eRulemaking Portal: Go to assistance of another person, or the Federal Motor Carrier Safety http://www.regulations.gov. Follow the resulting in impaired cognitive function Regulations for a 2-year period if it finds on-line instructions for submitting that occurred without warning in the ‘‘such exemption would likely achieve a comments. past 5 years; understands diabetes level of safety that is equivalent to, or • Mail: Docket Management Facility; management and monitoring; has stable greater than, the level that would be U.S. Department of Transportation, 1200 control of his diabetes using insulin; achieved absent such exemption.’’ The New Jersey Avenue, SE., West Building and is able to drive a CMV safely. Mr. statute also allows the Agency to renew Ground Floor, Room W12–140, Callanan meets the requirements of the exemptions at the end of the 2-year Washington, DC 20590–0001. vision standard at 49 CFR 391.41(b)(10). period. The 39 individuals listed in this • Hand Delivery: West Building His ophthalmologist examined him in notice have recently requested such an Ground Floor, Room W12–140, 1200 2010 and certified that he does not have exemption from the diabetes prohibition New Jersey Avenue, SE., Washington, diabetic retinopathy. He holds a Class D in 49 CFR 391.41(b)(3), which applies to DC, between 9 a.m. and 5 p.m., Monday operator’s license from Massachusetts. through Friday, except Federal drivers of CMV in interstate commerce. Holidays. Accordingly, the Agency will evaluate Philip F. Carpenter • Fax: 1–202–493–2251. the qualifications of each applicant to Mr. Carpenter, 50, has had ITDM Instructions: Each submission must determine whether granting the since 2009. His endocrinologist include the Agency name and the exemption will achieve the required examined him in 2010 and certified that docket numbers for this Notice. Note level of safety mandated by the statutes. he has had no hypoglycemic reactions that all comments received will be Qualifications of Applicants resulting in loss of consciousness, posted without change to http://www. requiring the assistance of another regulations.gov, including any personal Angel Bergendale person, or resulting in impaired information provided. Please see the Mr. Bergendale, age 30, has had ITDM cognitive function that occurred without Privacy Act heading below for further since 2010. His endocrinologist warning in the past 5 years; understands information. examined him in 2010 and certified that diabetes management and monitoring;

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has stable control of his diabetes using John F. Galione that occurred without warning in the insulin; and is able to drive a CMV Mr. Galione, age 45, has had ITDM past 5 years; understands diabetes safely. Mr. Carpenter meets the since 2009. His endocrinologist management and monitoring; has stable requirements of the vision standard at examined him in 2010 and certified that control of his diabetes using insulin; 49 CFR 391.41(b)(10). His optometrist he has had no hypoglycemic reactions and is able to drive a CMV safely. Mr. examined him in 2010 and certified that resulting in a loss of consciousness, Hawkins meets the requirements of the he does not have diabetic retinopathy. requiring the assistance of another vision standard at 49 CFR 391.41(b)(10). He holds a Class D operator’s license person, or resulting in impaired His ophthalmologist examined him in from North Dakota. cognitive function that occurred without 2009 and certified that he does not have diabetic retinopathy. He holds a Class A Brandon M. Coleman warning in the past 5 years; understands diabetes management and monitoring; CDL from South Carolina. Mr. Coleman, 31, has had ITDM since has stable control of his diabetes using 1991. His endocrinologist examined him Timothy U. Herring insulin; and is able to drive a CMV in 2010 and certified that he has had no Mr. Herring, 46, has had ITDM since safely. Mr. Galione meets the hypoglycemic reactions resulting in loss 1990. His endocrinologist examined him requirements of the vision standard at of consciousness, requiring the in 2010 and certified that he has had no 49 CFR 391.41(b)(10). His optometrist assistance of another person, or hypoglycemic reactions resulting in loss examined him in 2010 and certified that resulting in impaired cognitive function of consciousness, requiring the he does not have diabetic retinopathy. that occurred without warning in the assistance of another person, or He holds a Class A Commercial Driver’s past 5 years; understands diabetes resulting in impaired cognitive function License (CDL) from New Jersey. management and monitoring; has stable that occurred without warning in the control of his diabetes using insulin; Jeffrey G. Giguere past 5 years; understands diabetes and is able to drive a CMV safely. Mr. Mr. Giguere, 45, has had ITDM since management and monitoring; has stable Coleman meets the requirements of the 1984. His endocrinologist examined him control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. His ophthalmologist examined him in hypoglycemic reactions resulting in loss Herring meets the requirements of the 2010 and certified that he does not have of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A assistance of another person, or His optometrist examined him in 2010 CDL from California. resulting in impaired cognitive function and certified that he does not have diabetic retinopathy. He holds a Class C George B. Ferris that occurred without warning in the past 5 years; understands diabetes operator’s license from North Carolina. Mr. Ferris, 42, has had ITDM since management and monitoring; has stable Richard L. Hines 2009. His endocrinologist examined him control of his diabetes using insulin; in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. Mr. Hines, 53, has had ITDM since hypoglycemic reactions resulting in loss Giguere meets the requirements of the 2009. His endocrinologist examined him of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no assistance of another person, or His optometrist examined him in 2010 hypoglycemic reactions resulting in loss resulting in impaired cognitive function and certified that he does not have of consciousness, requiring the that occurred without warning in the diabetic retinopathy. He holds a Class C assistance of another person, or past 5 years; understands diabetes operator’s license from Maine. resulting in impaired cognitive function management and monitoring; has stable that occurred without warning in the control of his diabetes using insulin; Allen C. Hartshaw past 5 years; understands diabetes and is able to drive a CMV safely. Mr. Mr. Hartshaw, 60, has had ITDM since management and monitoring; has stable Ferris meets the requirements of the 2010. His endocrinologist examined him control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. His ophthalmologist examined him in hypoglycemic reactions resulting in loss Hines meets the requirements of the 2010 and certified that he has stable of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). nonproliferative diabetic retinopathy. assistance of another person, or His ophthalmologist examined him in He holds a Class A CDL from New York. resulting in impaired cognitive function 2010 and certified that he does not have diabetic retinopathy. He holds a Class A John B. Flood that occurred without warning in the past 5 years; understands diabetes CDL from North Carolina. Mr. Flood, 59, has had ITDM since management and monitoring; has stable David M. Hughes 2009. His endocrinologist examined him control of his diabetes using insulin; in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. Mr. Hughes, 54, has had ITDM since hypoglycemic reactions resulting in loss Hartshaw meets the requirements of the 2005. His endocrinologist examined him of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no assistance of another person, or His optometrist examined him in 2010 hypoglycemic reactions resulting in loss resulting in impaired cognitive function and certified that he does not have of consciousness, requiring the that occurred without warning in the diabetic retinopathy. He holds a Class B assistance of another person, or past 5 years; understands diabetes CDL from Pennsylvania. resulting in impaired cognitive function management and monitoring; has stable that occurred without warning in the control of his diabetes using insulin; Michael Hawkins past 5 years; understands diabetes and is able to drive a CMV safely. Mr. Mr. Hawkins, 49, has had ITDM since management and monitoring; has stable Flood meets the requirements of the 2004. His endocrinologist examined him control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. His ophthalmologist examined him in hypoglycemic reactions resulting in loss Hughes meets the requirements of the 2010 and certified that he does not have of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A assistance of another person, or His ophthalmologist examined him in CDL from Missouri. resulting in impaired cognitive function 2010 and certified that he does not have

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diabetic retinopathy. He holds a Class A assistance of another person, or His ophthalmologist examined him in CDL from Utah. resulting in impaired cognitive function 2010 and certified that he has stable that occurred without warning in the Eugene G. Hunter nonproliferative diabetic retinopathy. past 5 years; understands diabetes He holds a Class R operator’s license Mr. Hunter, 64, has had ITDM since management and monitoring; has stable from Mississippi. 1993. His endocrinologist examined him control of his diabetes using insulin; in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. Mark W. Lavorini hypoglycemic reactions resulting in loss Kimmel meets the requirements of the Mr. Lavorini, 39, has had ITDM since of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). 1977. His endocrinologist examined him assistance of another person, or His ophthalmologist examined him in resulting in impaired cognitive function 2010 and certified that he does not have in 2010 and certified that he has had no that occurred without warning in the diabetic retinopathy. He holds a Class A hypoglycemic reactions resulting in loss past 5 years; understands diabetes CDL from Iowa. of consciousness, requiring the management and monitoring; has stable assistance of another person, or control of his diabetes using insulin; Gregory L. Kuharski resulting in impaired cognitive function and is able to drive a CMV safely. Mr. Mr. Kuharski, 42, has had ITDM since that occurred without warning in the Hunter meets the requirements of the 2010. His endocrinologist examined him past 5 years; understands diabetes vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no management and monitoring; has stable His optometrist examined him in 2010 hypoglycemic reactions resulting in loss control of his diabetes using insulin; and certified that he does not have of consciousness, requiring the and is able to drive a CMV safely. Mr. diabetic retinopathy. He holds a Class C assistance of another person, or Lavorini meets the requirements of the operator’s license from Washington. resulting in impaired cognitive function vision standard at 49 CFR 391.41(b)(10). that occurred without warning in the His ophthalmologist examined him in William F. Kanable past 5 years; understands diabetes 2010 and certified that he has stable Mr. Kanable, 54, has had ITDM since management and monitoring; has stable nonproliferative diabetic retinopathy. 1998. His endocrinologist examined him control of his diabetes using insulin; He holds a Class C operator’s license in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. from Pennsylvania. hypoglycemic reactions resulting in loss Kuharski meets the requirements of the of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). Justin T. Mattice assistance of another person, or His optometrist examined him in 2010 resulting in impaired cognitive function and certified that he does not have Mr. Mattice, 21, has had ITDM since that occurred without warning in the diabetic retinopathy. He holds a Class D 1994. His endocrinologist examined him past 5 years; understands diabetes operator’s license from Minnesota. in 2010 and certified that he has had no management and monitoring; has stable hypoglycemic reactions resulting in loss Joe D. Lammey control of his diabetes using insulin; of consciousness, requiring the and is able to drive a CMV safely. Mr. Mr. Lammey, 60, has had ITDM since assistance of another person, or Kanable meets the requirements of the 2006. His endocrinologist examined him resulting in impaired cognitive function vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no that occurred without warning in the His optometrist examined him in 2010 hypoglycemic reactions resulting in loss past 5 years; understands diabetes and certified that he does not have of consciousness, requiring the management and monitoring; has stable diabetic retinopathy. He holds a Class A assistance of another person, or control of his diabetes using insulin; CDL from Wisconsin. resulting in impaired cognitive function and is able to drive a CMV safely. Mr. that occurred without warning in the Mattice meets the requirements of the William C. Kenney past 5 years; understands diabetes vision standard at 49 CFR 391.41(b)(10). Mr. Kenney, 59, has had ITDM since management and monitoring; has stable His optometrist examined him in 2010 2005. His endocrinologist examined him control of his diabetes using insulin; and certified that he does not have in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. diabetic retinopathy. He holds a Class D hypoglycemic reactions resulting in loss Lammey meets the requirements of the operator’s license from Arizona. of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). assistance of another person, or His ophthalmologist examined him in Leldon W. McCutcheon resulting in impaired cognitive function 2010 and certified that he has stable Mr. McCutcheon, 59, has had ITDM that occurred without warning in the nonproliferative diabetic retinopathy. since 2010. His endocrinologist past 5 years; understands diabetes He holds a Class B CDL from Missouri. examined him in 2010 and certified that management and monitoring; has stable Robert B. Langston, III he has had no hypoglycemic reactions control of his diabetes using insulin; resulting in loss of consciousness, and is able to drive a CMV safely. Mr. Mr. Langston, 60, has had ITDM since requiring the assistance of another Kenney meets the requirements of the 2008. His endocrinologist examined him vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no person, or resulting in impaired His ophthalmologist examined him in hypoglycemic reactions resulting in loss cognitive function that occurred without 2010 and certified that he does not have of consciousness, requiring the warning in the past 5 years; understands diabetic retinopathy. He holds a Class C assistance of another person, or diabetes management and monitoring; CDL from California. resulting in impaired cognitive function has stable control of his diabetes using that occurred without warning in the insulin; and is able to drive a CMV Paul D. Kimmel past 5 years; understands diabetes safely. Mr. McCutcheon meets the Mr. Kimmel, 60, has had ITDM since management and monitoring; has stable requirements of the vision standard at 2010. His endocrinologist examined him control of his diabetes using insulin; 49 CFR 391.41(b)(10). His optometrist in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. examined him in 2010 and certified that hypoglycemic reactions resulting in loss Langston meets the requirements of the he does not have diabetic retinopathy. of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). He holds a Class A CDL from Alabama.

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Ray A. May past 5 years; understands diabetes He holds a Class O operator’s license Mr. May, 58, has had ITDM since management and monitoring; has stable from Nebraska, which allows him to 2009. His endocrinologist examined him control of his diabetes using insulin; drive any non-commercial vehicle in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. except motorcycles. Nemeth meets the requirements of the hypoglycemic reactions resulting in loss Michael E. Reck of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). Mr. Reck, 50, has had ITDM since assistance of another person, or His optometrist examined him in 2010 2009. His endocrinologist examined him resulting in impaired cognitive function and certified that he does not have in 2010 and certified that he has had no that occurred without warning in the diabetic retinopathy. He holds a Class A past 5 years; understands diabetes CDL from Ohio. hypoglycemic reactions resulting in loss of consciousness, requiring the management and monitoring; has stable Mark P. Norwood control of his diabetes using insulin; assistance of another person, or Mr. Norwood, 30, has had ITDM since and is able to drive a CMV safely. Mr. resulting in impaired cognitive function 1986. His endocrinologist examined him May meets the requirements of the that occurred without warning in the in 2010 and certified that he has had no vision standard at 49 CFR 391.41(b)(10). past 5 years; understands diabetes hypoglycemic reactions resulting in loss His optometrist examined him in 2010 management and monitoring; has stable of consciousness, requiring the and certified that he does not have control of his diabetes using insulin; assistance of another person, or diabetic retinopathy. He holds a Class B and is able to drive a CMV safely. Mr. resulting in impaired cognitive function CDL from California. Reck meets the requirements of the that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). Richard E. Moore past 5 years; understands diabetes His ophthalmologist examined him in Mr. Moore, 63, has had ITDM since management and monitoring; has stable 2009 and certified that he does not have 1988. His endocrinologist examined him control of his diabetes using insulin; diabetic retinopathy. He holds a Class A in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. CDL from Ohio. Norwood meets the requirements of the hypoglycemic reactions resulting in loss Warren A. Richter of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). assistance of another person, or His optometrist examined him in 2010 Mr. Richter, 51, has had ITDM since resulting in impaired cognitive function and certified that he does not have 2000. His endocrinologist examined him that occurred without warning in the diabetic retinopathy. He holds a Class B in 2010 and certified that he has had no past 5 years; understands diabetes operator’s license from Nevada. hypoglycemic reactions resulting in loss of consciousness, requiring the management and monitoring; has stable Todd H. Pack control of his diabetes using insulin; assistance of another person, or and is able to drive a CMV safely. Mr. Mr. Pack, 39, has had ITDM since resulting in impaired cognitive function Moore meets the requirements of the 1996. His endocrinologist examined him that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no past 5 years; understands diabetes His ophthalmologist examined him in hypoglycemic reactions resulting in loss management and monitoring; has stable 2010 and certified that he has stable of consciousness, requiring the control of his diabetes using insulin; nonproliferative diabetic retinopathy. assistance of another person, or and is able to drive a CMV safely. Mr. He holds a Class B CDL from New York. resulting in impaired cognitive function Richter meets the requirements of the that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). Robert F. Naples, Jr. past 5 years; understands diabetes His optometrist examined him in 2010 Mr. Naples, 55, has had ITDM since management and monitoring; has stable and certified that he does not have 2009. His endocrinologist examined him control of his diabetes using insulin; diabetic retinopathy. He holds a Class A in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. CDL from Minnesota. hypoglycemic reactions resulting in loss Pack meets the requirements of the James E. Seymour of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). assistance of another person, or His optometrist examined him in 2010 Mr. Seymour, 52, has had ITDM since resulting in impaired cognitive function and certified that he does not have 2009. His endocrinologist examined him that occurred without warning in the diabetic retinopathy. He holds a Class C in 2010 and certified that he has had no past 5 years; understands diabetes operator’s license from California. hypoglycemic reactions resulting in loss of consciousness, requiring the management and monitoring; has stable Christopher M. Provance control of his diabetes using insulin; assistance of another person, or and is able to drive a CMV safely. Mr. Mr. Provance, 26, has had ITDM since resulting in impaired cognitive function Naples meets the requirements of the 1999. His endocrinologist examined him that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). in 2010 and certified that he has had no past 5 years; understands diabetes His ophthalmologist examined him in hypoglycemic reactions resulting in loss management and monitoring; has stable 2010 and certified that he does not have of consciousness, requiring the control of his diabetes using insulin; diabetic retinopathy. He holds a Class A assistance of another person, or and is able to drive a CMV safely. Mr. CDL from New York. resulting in impaired cognitive function Seymour meets the requirements of the that occurred without warning in the vision standard at 49 CFR 391.41(b)(10). Robert C. Nemeth past 5 years; understands diabetes His ophthalmologist examined him in Mr. Nemeth, 45, has had ITDM since management and monitoring; has stable 2010 and certified that he has stable 2009. His endocrinologist examined him control of his diabetes using insulin; nonproliferative diabetic retinopathy. in 2010 and certified that he has had no and is able to drive a CMV safely. Mr. He holds a Class B CDL from hypoglycemic reactions resulting in loss Provance meets the requirements of the Pennsylvania. of consciousness, requiring the vision standard at 49 CFR 391.41(b)(10). assistance of another person, or His ophthalmologist examined him in Karl G. Skweres resulting in impaired cognitive function 2010 and certified that he has stable Mr. Skweres, 26, has had ITDM since that occurred without warning in the nonproliferative diabetic retinopathy. 1992. His endocrinologist examined him

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in 2010 and certified that he has had no control of his diabetes using insulin; requirements of section 4129 while hypoglycemic reactions resulting in loss and is able to drive a CMV safely. Mr. continuing to ensure that operation of of consciousness, requiring the Whitney meets the requirements of the CMVs by drivers with ITDM will assistance of another person, or vision standard at 49 CFR 391.41(b)(10). achieve the requisite level of safety resulting in impaired cognitive function His optometrist examined him in 2010 required of all exemptions granted that occurred without warning in the and certified that he does not have under 49 USC. 31136(e). past 5 years; understands diabetes diabetic retinopathy. He holds a Class A Section 4129(d) also directed FMCSA management and monitoring; has stable CDL from Minnesota. to ensure that drivers of CMVs with control of his diabetes using insulin; Allan M. Younglas ITDM are not held to a higher standard and is able to drive a CMV safely. Mr. than other drivers, with the exception of Skweres meets the requirements of the Mr. Younglas, 23, has had ITDM since limited operating, monitoring and vision standard at 49 CFR 391.41(b)(10). 1991. His endocrinologist examined him medical requirements that are deemed His ophthalmologist examined him in in 2010 and certified that he has had no medically necessary. 2010 and certified that he does not have hypoglycemic reactions resulting in loss The FMCSA concluded that all of the diabetic retinopathy. He holds a Class D of consciousness, requiring the operating, monitoring and medical operator’s license from Minnesota. assistance of another person, or requirements set out in the September 3, resulting in impaired cognitive function Kyle N. Stach 2003 notice, except as modified, were in that occurred without warning in the compliance with section 4129(d). Mr. Stach, 31, has had ITDM since past 5 years; understands diabetes Therefore, all of the requirements set 1994. His endocrinologist examined him management and monitoring; has stable out in the September 3, 2003 notice, in 2010 and certified that he has had no control of his diabetes using insulin; except as modified by the Notice in the hypoglycemic reactions resulting in loss and is able to drive a CMV safely. Mr. Federal Register on November 8, 2005 of consciousness, requiring the Younglas meets the requirements of the (70 FR 67777), remain in effect. assistance of another person, or vision standard at 49 CFR 391.41(b)(10). resulting in impaired cognitive function His optometrist examined him in 2010 Issued on: August 13, 2010. that occurred without warning in the and certified that he does not have Larry W. Minor, past 5 years; understands diabetes diabetic retinopathy. He holds a Class D Associate Administrator for Policy and management and monitoring; has stable operator’s license from Ohio. Program Development. [FR Doc. 2010–21425 Filed 8–26–10; 8:45 am] control of his diabetes using insulin; Request for Comments and is able to drive a CMV safely. Mr. BILLING CODE P Stach meets the requirements of the In accordance with 49 U.S.C. 31136(e) vision standard at 49 CFR 391.41(b)(10). and 31315, FMCSA requests public His ophthalmologist examined him in comment from all interested persons on DEPARTMENT OF TRANSPORTATION 2010 and certified that he has stable the exemption petitions described in nonproliferative diabetic retinopathy. this notice. We will consider all Federal Motor Carrier Safety He holds a Class D operator’s license comments received before the close of Administration from Wisconsin. business on the closing date indicated in the date section of the Notice. [Docket No. FMCSA–2010–0247] William R. Thome FMCSA notes that section 4129 of the Mr. Thome, 74, has had ITDM since Safe, Accountable, Flexible and Qualification of Drivers; Exemption 1997. His endocrinologist examined him Efficient Transportation Equity Act: A Applications; Diabetes Mellitus Legacy for Users requires the Secretary in 2010 and certified that he has had no AGENCY: Federal Motor Carrier Safety to revise its diabetes exemption program hypoglycemic reactions resulting in loss Administration (FMCSA). of consciousness, requiring the established on September 3, 2003 (68 FR ACTION: Notice of applications for assistance of another person, or 52441).1 The revision must provide for exemption from the diabetes mellitus resulting in impaired cognitive function individual assessment of drivers with standard; request for comments. that occurred without warning in the diabetes mellitus, and be consistent past 5 years; understands diabetes with the criteria described in section SUMMARY: FMCSA announces receipt of management and monitoring; has stable 4018 of the Transportation Equity Act applications from 35 individuals for control of his diabetes using insulin; for the 21st Century (49 U.S.C. 31305). exemption from the prohibition against Section 4129 requires: (1) Elimination and is able to drive a CMV safely. Mr. persons with insulin-treated diabetes of the requirement for 3 years of Thome meets the requirements of the mellitus (ITDM) operating commercial experience operating CMVs while being vision standard at 49 CFR 391.41(b)(10). motor vehicles (CMVs) in interstate treated with insulin; and (2) His ophthalmologist examined him in commerce. If granted, the exemptions establishment of a specified minimum 2010 and certified that he has stable would enable these individuals with period of insulin use to demonstrate nonproliferative diabetic retinopathy. ITDM to operate CMVs in interstate stable control of diabetes before being He holds a Class A CDL from Iowa. commerce. allowed to operate a CMV. Richard T. Whitney In response to section 4129, FMCSA DATES: Comments must be received on Mr. Whitney, 69, has had ITDM since made immediate revisions to the or before September 27, 2010. 2000. His endocrinologist examined him diabetes exemption program established ADDRESSES: You may submit comments in 2010 and certified that he has had no by the September 3, 2003 notice. bearing the Federal Docket Management hypoglycemic reactions resulting in loss FMCSA discontinued use of the 3-year System (FDMS) Docket No. FMCSA– of consciousness, requiring the driving experience and fulfilled the 2010–0247 using any of the following assistance of another person, or methods: resulting in impaired cognitive function 1 Section 4129(a) refers to the 2003 Notice as a • Federal eRulemaking Portal: Go to ‘‘final rule.’’ However, the 2003 Notice did not issue that occurred without warning in the a ‘‘final rule’’ but did establish the procedures and http://www.regulations.gov. Follow the past 5 years; understands diabetes standards for issuing exemptions for drivers with on-line instructions for submitting management and monitoring; has stable ITDM. comments.

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• Mail: Docket Management Facility; Regulations for a 2-year period if it finds in 2010 and certified that he has had no U.S. Department of Transportation, 1200 ‘‘such exemption would likely achieve a severe hypoglycemic reactions resulting New Jersey Avenue, SE., West Building level of safety that is equivalent to, or in loss of consciousness, requiring the Ground Floor, Room W12–140, greater than, the level that would be assistance of another person, or Washington, DC 20590–0001. achieved absent such exemption.’’ The resulting in impaired cognitive function • Hand Delivery: West Building statute also allows the Agency to renew that occurred without warning in the Ground Floor, Room W12–140, 1200 exemptions at the end of the 2-year past 12 months and no recurrent (2 or New Jersey Avenue, SE., Washington, period. The 35 individuals listed in this more) severe hypoglycemic episodes in DC, between 9 a.m. and 5 p.m., Monday notice have recently requested such an the last 5 years; understands diabetes through Friday, except Federal exemption from the diabetes prohibition management and monitoring; has stable Holidays. in 49 CFR 391.41(b) (3), which applies control of his diabetes using insulin; • Fax: 1–202–493–2251. to drivers of CMVs in interstate and is able to drive a CMV safely. Mr. Instructions: Each submission must commerce. Accordingly, the Agency Beach meets the requirements of the include the Agency name and the will evaluate the qualifications of each vision standard at 49 CFR 391.41(b)(10). docket number for this notice. Note that applicant to determine whether granting His optometrist examined him in 2010 all comments received will be posted the exemption will achieve the required and certified that he does not have without change to http:// level of safety mandated by the statutes. diabetic retinopathy. He holds a Class B www.regulations.gov, including any CDL from Georgia. Qualifications of Applicants personal information provided. Please James R. Beals see the Privacy Act heading below for Eric A. Anderson further information. Mr. Beals, 52, has had ITDM since Mr. Anderson, age 43, has had ITDM Docket: For access to the docket to 2006. His endocrinologist examined him since 2008. His endocrinologist read background documents or in 2010 and certified that he has had no examined him in 2010 and certified that comments, go to http:// severe hypoglycemic reactions resulting he has had no severe hypoglycemic www.regulations.gov at any time or in loss of consciousness, requiring the reactions resulting in loss of Room W12–140 on the ground level of assistance of another person, or consciousness, requiring the assistance the West Building, 1200 New Jersey resulting in impaired cognitive function of another person, or resulting in Avenue, SE., Washington, DC, between that occurred without warning in the impaired cognitive function that 9 a.m. and 5 p.m., Monday through past 12 months and no recurrent (2 or occurred without warning in the past 12 Friday, except Federal holidays. The more) severe hypoglycemic episodes in months and no recurrent (2 or more) Federal Docket Management System the last 5 years; understands diabetes severe hypoglycemic episodes in the (FDMS) is available 24 hours each day, management and monitoring; has stable last 5 years; understands diabetes 365 days each year. If you want control of his diabetes using insulin; management and monitoring; has stable acknowledgment that we received your and is able to drive a CMV safely. Mr. control of his diabetes using insulin; comments, please include a self- Beals meets the requirements of the and is able to drive a CMV safely. Mr. addressed, stamped envelope or vision standard at 49 CFR 391.41(b)(10). Anderson meets the requirements of the postcard or print the acknowledgement His optometrist examined him in 2010 vision standard at 49 CFR 391.41(b)(10). page that appears after submitting and certified that he does not have His optometrist examined him in 2010 comments on-line. diabetic retinopathy. He holds a Class B and certified that he does not have Privacy Act: Anyone may search the CDL from Pennsylvania. diabetic retinopathy. He holds a Class A electronic form of all comments Commercial Driver’s License (CDL) from Craig G. Benson received into any of our dockets by the North Dakota. Mr. Benson, 47, has had ITDM since name of the individual submitting the 1981. His endocrinologist examined him comment (or of the person signing the Leslie R. Auger in 2010 and certified that he has had no comment, if submitted on behalf of an Mr. Auger, 52, has had ITDM since severe hypoglycemic reactions resulting association, business, labor union, etc.). 2009. His endocrinologist examined him in loss of consciousness, requiring the You may review DOT’s Privacy Act in 2010 and certified that he has had no assistance of another person, or Statement for the FDMS published in severe hypoglycemic reactions resulting resulting in impaired cognitive function the Federal Register on January 17, in loss of consciousness, requiring the that occurred without warning in the 2008 (73 FR 3316), or you may visit assistance of another person, or past 12 months and no recurrent (2 or http://edocket.access.gpo.gov/2008/pdf/ resulting in impaired cognitive function more) severe hypoglycemic episodes in E8–785.pdf. that occurred without warning in the the last 5 years; understands diabetes FOR FURTHER INFORMATION CONTACT: Dr. past 12 months and no recurrent (2 or management and monitoring; has stable Mary D. Gunnels, Director, Medical more) severe hypoglycemic episodes in control of his diabetes using insulin; Programs, (202) 366–4001, the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. [email protected], FMCSA, management and monitoring; has stable Benson meets the requirements of the Department of Transportation, 1200 control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). New Jersey Avenue, SE., Room W64– and is able to drive a CMV safely. Mr. His optometrist examined him in 2010 224, Washington, DC 20590–0001. Auger meets the requirements of the and certified that he does not have Office hours are from 8:30 a.m. to 5 p.m., vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A Monday through Friday, except Federal His optometrist examined him in 2010 CDL from Minnesota. holidays. and certified that he does not have Gary B. Bland SUPPLEMENTARY INFORMATION: diabetic retinopathy. He holds a Class A CDL from Missouri. Mr. Bland, 41, has had ITDM since Background 1990. His endocrinologist examined him Under 49 U.S.C. 31136(e) and 31315, Charlie L. Beach in 2010 and certified that he has had no FMCSA may grant an exemption from Mr. Beach, 57, has had ITDM since severe hypoglycemic reactions resulting the Federal Motor Carrier Safety 2009. His endocrinologist examined him in loss of consciousness, requiring the

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assistance of another person, or past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in resulting in impaired cognitive function more) severe hypoglycemic episodes in the last 5 years; understands diabetes that occurred without warning in the the last 5 years; understands diabetes management and monitoring; has stable past 12 months and no recurrent (2 or management and monitoring; has stable control of his diabetes using insulin; more) severe hypoglycemic episodes in control of his diabetes using insulin; and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. Espinoza meets the requirements of the management and monitoring; has stable Burns meets the requirements of the vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2010 and is able to drive a CMV safely. Mr. His optometrist examined him in 2010 and certified that he does not have Bland meets the requirements of the and certified that he does not have diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class D CDL from Florida. His optometrist examined him in 2010 operator’s license from Ohio. Terry W. Ferguson and certified that he does not have Leo G. Dinero diabetic retinopathy. He holds a Class C Mr. Ferguson, 50, has had ITDM since operator’s license from Georgia. Mr. Dinero, 24, has had ITDM since 2004. His endocrinologist examined him 2005. His endocrinologist examined him in 2010 and certified that he has had no Juan E. Boyd in 2010 and certified that he has had no severe hypoglycemic reactions resulting Mr. Boyd, 39, has had ITDM since severe hypoglycemic reactions resulting in loss of consciousness, requiring the 2007. His endocrinologist examined him in loss of consciousness, requiring the assistance of another person, or in 2010 and certified that he has had no assistance of another person, or resulting in impaired cognitive function severe hypoglycemic reactions resulting resulting in impaired cognitive function that occurred without warning in the in loss of consciousness, requiring the that occurred without warning in the past 12 months and no recurrent (2 or assistance of another person, or past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in resulting in impaired cognitive function more) severe hypoglycemic episodes in the last 5 years; understands diabetes that occurred without warning in the the last 5 years; understands diabetes management and monitoring; has stable past 12 months and no recurrent (2 or management and monitoring; has stable control of his diabetes using insulin; more) severe hypoglycemic episodes in control of his diabetes using insulin; and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. Ferguson meets the requirements of the management and monitoring; has stable Dinero meets the requirements of the vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in and is able to drive a CMV safely. Mr. His ophthalmologist examined him in 2010 and certified that he does not have Boyd meets the requirements of the 2010 and certified that he does not have diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class C CDL from Georgia. His optometrist examined him in 2010 CDL from Georgia. Thomas G. Flanagan and certified that he does not have Matthew A. Donaldson diabetic retinopathy. He holds a Class A Mr. Flanagan, 77, has had ITDM since CDL from North Carolina. Mr. Donaldson, 28, has had ITDM 2000. His endocrinologist examined him since 1990. His endocrinologist in 2010 and certified that he has had no Stanley A. Brown examined him in 2010 and certified that severe hypoglycemic reactions resulting Mr. Brown, 24, has had ITDM since he has had no severe hypoglycemic in loss of consciousness, requiring the 2006. His endocrinologist examined him reactions resulting in loss of assistance of another person, or in 2010 and certified that he has had no consciousness, requiring the assistance resulting in impaired cognitive function severe hypoglycemic reactions resulting of another person, or resulting in that occurred without warning in the in loss of consciousness, requiring the impaired cognitive function that past 12 months and no recurrent (2 or assistance of another person, or occurred without warning in the past 12 more) severe hypoglycemic episodes in resulting in impaired cognitive function months and no recurrent (2 or more) the last 5 years; understands diabetes that occurred without warning in the severe hypoglycemic episodes in the management and monitoring; has stable past 12 months and no recurrent (2 or last 5 years; understands diabetes control of his diabetes using insulin; more) severe hypoglycemic episodes in management and monitoring; has stable and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes control of his diabetes using insulin; Flanagan meets the requirements of the management and monitoring; has stable and is able to drive a CMV safely. Mr. vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; Donaldson meets the requirements of His optometrist examined him in 2010 and is able to drive a CMV safely. Mr. the vision standard at 49 CFR and certified that he does not have Brown meets the requirements of the 391.41(b)(10). His ophthalmologist diabetic retinopathy. He holds a Class B vision standard at 49 CFR 391.41(b)(10). examined him in 2010 and certified that CDL from Indiana. His optometrist examined him in 2010 he has stable nonproliferative diabetic Stacey W. Fortner and certified that he does not have retinopathy. He holds a chauffeur’s diabetic retinopathy. He holds a Class C license from Michigan. Mr. Fortner, 31, has had ITDM since operator’s license from Maine. 2008. His endocrinologist examined him Francisco Espinoza in 2010 and certified that he has had no Bradley R. Burns Mr. Espinoza, 61, has had ITDM since severe hypoglycemic reactions resulting Mr. Burns, 27, has had ITDM since 1990. His endocrinologist examined him in loss of consciousness, requiring the 1991. His endocrinologist examined him in 2010 and certified that he has had no assistance of another person, or in 2010 and certified that he has had no severe hypoglycemic reactions resulting resulting in impaired cognitive function severe hypoglycemic reactions resulting in loss of consciousness, requiring the that occurred without warning in the in loss of consciousness, requiring the assistance of another person, or past 12 months and no recurrent (2 or assistance of another person, or resulting in impaired cognitive function more) severe hypoglycemic episodes in resulting in impaired cognitive function that occurred without warning in the the last 5 years; understands diabetes that occurred without warning in the past 12 months and no recurrent (2 or management and monitoring; has stable

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control of his diabetes using insulin; and is able to drive a CMV safely. Mr. His ophthalmologist examined him in and is able to drive a CMV safely. Mr. Geier meets the requirements of the 2010 and certified that he does not have Fortner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in CDL from New York. His optometrist examined him in 2010 2010 and certified that he does not have Bradley D. Heagel and certified that he does not have diabetic retinopathy. He holds a Class A diabetic retinopathy. He holds a Class A CDL from Montana. Mr. Heagel, 41 has had ITDM since CDL from Wyoming. Howard W. Girvin 2005. His endocrinologist examined him Donald K. Fraase in 2010 and certified that he has had no Mr. Girvin, 63, has had ITDM since severe hypoglycemic reactions resulting Mr. Fraase, 46, has had ITDM since 2004. His endocrinologist examined him in loss of consciousness, requiring the 2009. His endocrinologist examined him in 2010 and certified that he has had no assistance of another person, or in 2010 and certified that he has had no severe hypoglycemic reactions resulting resulting in impaired cognitive function severe hypoglycemic reactions resulting in loss of consciousness, requiring the that occurred without warning in the in loss of consciousness, requiring the assistance of another person, or past 12 months and no recurrent (2 or assistance of another person, or resulting in impaired cognitive function more) severe hypoglycemic episodes in resulting in impaired cognitive function that occurred without warning in the the last 5 years; understands diabetes that occurred without warning in the past 12 months and no recurrent (2 or management and monitoring; has stable past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in control of his diabetes using insulin; more) severe hypoglycemic episodes in the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes management and monitoring; has stable Heagel meets the requirements of the management and monitoring; has stable control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). and is able to drive a CMV safely. Mr. control of his diabetes using insulin; His ophthalmologist examined him in and is able to drive a CMV safely. Mr. Girvin meets the requirements of the 2010 and certified that he does not have Fraase meets the requirements of the vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in CDL from Iowa. His optometrist examined him in 2010 2010 and certified that he has stable and certified that he does not have nonproliferative diabetic retinopathy. Richard P. Holmen diabetic retinopathy. He holds a Class B He holds a Class A CDL from Oregon. Mr. Holmen, 55, has had ITDM since CDL from North Dakota. Scott R. Grange 2001. His endocrinologist examined him David W. Fraunberger Mr. Grange, 27, has had ITDM since in 2010 and certified that he has had no Mr. Fraunberger, 46, has had ITDM 1985. His endocrinologist examined him severe hypoglycemic reactions resulting since 2009. His endocrinologist in 2010 and certified that he has had no in loss of consciousness, requiring the examined him in 2010 and certified that severe hypoglycemic reactions resulting assistance of another person, or he has had no severe hypoglycemic in loss of consciousness, requiring the resulting in impaired cognitive function reactions resulting in loss of assistance of another person, or that occurred without warning in the consciousness, requiring the assistance resulting in impaired cognitive function past 12 months and no recurrent (2 or of another person, or resulting in that occurred without warning in the more) severe hypoglycemic episodes in impaired cognitive function that past 12 months and no recurrent (2 or the last 5 years; understands diabetes occurred without warning in the past 12 more) severe hypoglycemic episodes in management and monitoring; has stable months and no recurrent (2 or more) the last 5 years; understands diabetes control of his diabetes using insulin; severe hypoglycemic episodes in the management and monitoring; has stable and is able to drive a CMV safely. Mr. last 5 years; understands diabetes control of his diabetes using insulin; Holmen meets the requirements of the management and monitoring; has stable and is able to drive a CMV safely. Mr. vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; Grange meets the requirements of the His ophthalmologist examined him in and is able to drive a CMV safely. Mr. vision standard at 49 CFR 391.41(b)(10). 2010 and certified that he does not have Fraunberger meets the requirements of His optometrist examined him in 2010 diabetic retinopathy. He holds a Class A the vision standard at 49 CFR and certified that he does not have CDL from Minnesota. 391.41(b)(10). His ophthalmologist diabetic retinopathy. He holds a Class C Richard A. Homstad examined him in 2010 and certified that operator’s license from California. he has stable nonproliferative diabetic Mr. Homstad, 63, has had ITDM since John A. Hayes retinopathy. He holds a Class B CDL 2009. His endocrinologist examined him from Florida. Mr. Hayes, 49, has had ITDM since in 2010 and certified that he has had no 2006. His endocrinologist examined him severe hypoglycemic reactions resulting Jason W. Geier in 2010 and certified that he has had no in loss of consciousness, requiring the Mr. Geier, 36, has had ITDM since severe hypoglycemic reactions resulting assistance of another person, or 2009. His endocrinologist examined him in loss of consciousness, requiring the resulting in impaired cognitive function in 2010 and certified that he has had no assistance of another person, or that occurred without warning in the severe hypoglycemic reactions resulting resulting in impaired cognitive function past 12 months and no recurrent (2 or in loss of consciousness, requiring the that occurred without warning in the more) severe hypoglycemic episodes in assistance of another person, or past 12 months and no recurrent (2 or the last 5 years; understands diabetes resulting in impaired cognitive function more) severe hypoglycemic episodes in management and monitoring; has stable that occurred without warning in the the last 5 years; understands diabetes control of his diabetes using insulin; past 12 months and no recurrent (2 or management and monitoring; has stable and is able to drive a CMV safely. Mr. more) severe hypoglycemic episodes in control of his diabetes using insulin; Homstad meets the requirements of the the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. vision standard at 49 CFR 391.41(b)(10). management and monitoring; has stable Hayes meets the requirements of the His optometrist examined him in 2010 control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). and certified that he does not have

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diabetic retinopathy. He holds a Class A Ronald D. Olson Michael Pittman CDL from North Dakota. Mr. Olson, 47, has had ITDM since Mr. Pittman, 52, has had ITDM since John R. Johnson 1993. His endocrinologist examined him 2009. His endocrinologist examined him in 2010 and certified that he has had no in 2010 and certified that he has had no Mr. Johnson, 58, has had ITDM since severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting 2007. His endocrinologist examined him in loss of consciousness, requiring the in loss of consciousness, requiring the in 2010 and certified that he has had no assistance of another person, or assistance of another person, or severe hypoglycemic reactions resulting resulting in impaired cognitive function resulting in impaired cognitive function in loss of consciousness, requiring the that occurred without warning in the that occurred without warning in the assistance of another person, or past 12 months and no recurrent (2 or past 12 months and no recurrent (2 or resulting in impaired cognitive function more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in that occurred without warning in the the last 5 years; understands diabetes the last 5 years; understands diabetes past 12 months and no recurrent (2 or management and monitoring; has stable management and monitoring; has stable more) severe hypoglycemic episodes in control of his diabetes using insulin; control of his diabetes using insulin; the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. and is able to drive a CMV safely. Mr. management and monitoring; has stable Olson meets the requirements of the Pittman meets the requirements of the control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). vision standard at 49 CFR 391.41(b)(10). and is able to drive a CMV safely. Mr. His optometrist examined him in 2010 His optometrist examined him in 2010 Johnson meets the requirements of the and certified that he does not have and certified that he does not have vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A diabetic retinopathy. He holds a Class C His optometrist examined him in 2010 CDL from Wisconsin. CDL from Virginia. and certified that he does not have Israel Ramos diabetic retinopathy. He holds a Class A Maria C. Paraschivescu CDL from New Mexico. Ms. Paraschivescu, 31, has had ITDM Mr. Ramos, 44, has had ITDM since 2010. His endocrinologist examined him Johnny O. Laws, Sr. since 2007. Her endocrinologist examined her in 2010 and certified that in 2010 and certified that he has had no Mr. Laws, 56, has had ITDM since she has had no severe hypoglycemic severe hypoglycemic reactions resulting 2009. His endocrinologist examined him reactions resulting in loss of in loss of consciousness, requiring the in 2010 and certified that he has had no consciousness, requiring the assistance assistance of another person, or severe hypoglycemic reactions resulting of another person, or resulting in resulting in impaired cognitive function in loss of consciousness, requiring the impaired cognitive function that that occurred without warning in the past 12 months and no recurrent (2 or assistance of another person, or occurred without warning in the past 12 more) severe hypoglycemic episodes in resulting in impaired cognitive function months and no recurrent (2 or more) the last 5 years; understands diabetes that occurred without warning in the severe hypoglycemic episodes in the management and monitoring; has stable past 12 months and no recurrent (2 or last 5 years; understands diabetes control of his diabetes using insulin; more) severe hypoglycemic episodes in management and monitoring; has stable and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes control of her diabetes using insulin; Ramos meets the requirements of the management and monitoring; has stable and is able to drive a CMV safely. Ms. vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; Paraschivescu meets the requirements of His optometrist examined him in 2010 and is able to drive a CMV safely. Mr. the vision standard at 49 CFR and certified that he does not have Laws meets the requirements of the 391.41(b)(10). Her ophthalmologist vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class A examined her in 2010 and certified that CDL from New York. His optometrist examined him in 2010 she does not have diabetic retinopathy. and certified that he does not have She holds an operator’s license from Todd E. Rowley diabetic retinopathy. He holds a Class C Michigan. Mr. Rowley, 45, has had ITDM since operator’s license from Maryland. Paul S. Perry 2007. His endocrinologist examined him Harold A. Meeker, Jr. in 2010 and certified that he has had no Mr. Perry, 56, has had ITDM since severe hypoglycemic reactions resulting Mr. Meeker, 56, has had ITDM since 2006. His endocrinologist examined him in loss of consciousness, requiring the 2008. His endocrinologist examined him in 2010 and certified that he has had no assistance of another person, or in 2010 and certified that he has had no severe hypoglycemic reactions resulting resulting in impaired cognitive function severe hypoglycemic reactions resulting in loss of consciousness, requiring the that occurred without warning in the in loss of consciousness, requiring the assistance of another person, or past 12 months and no recurrent (2 or assistance of another person, or resulting in impaired cognitive function more) severe hypoglycemic episodes in resulting in impaired cognitive function that occurred without warning in the the last 5 years; understands diabetes that occurred without warning in the past 12 months and no recurrent (2 or management and monitoring; has stable past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in control of his diabetes using insulin; more) severe hypoglycemic episodes in the last 5 years; understands diabetes and is able to drive a CMV safely. Mr. the last 5 years; understands diabetes management and monitoring; has stable Rowley meets the requirements of the management and monitoring; has stable control of his diabetes using insulin; vision standard at 49 CFR 391.41(b)(10). control of his diabetes using insulin; and is able to drive a CMV safely. Mr. His ophthalmologist examined him in and is able to drive a CMV safely. Mr. Perry meets the requirements of the 2010 and certified that he does not have Meeker meets the requirements of the vision standard at 49 CFR 391.41(b)(10). diabetic retinopathy. He holds a Class C vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in operator’s license from North Carolina. His optometrist examined him in 2010 2010 and certified that he has stable and certified that he does not have nonproliferative diabetic retinopathy. Daniel E. Velasco diabetic retinopathy. He holds a Class B He holds a Class D operator’s license Mr. Velasco, 57, has had ITDM since CDL from Massachusetts. from Massachusetts. 2009. His endocrinologist examined him

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in 2010 and certified that he has had no Section 4129 requires: (1) Elimination Company/Central Kentucky Lines, LLC severe hypoglycemic reactions resulting of the requirement for 3 years of (RJCC) over a CSXT line of railroad in loss of consciousness, requiring the experience operating CMVs while being extending between (1) milepost 00T assistance of another person, or treated with insulin; and (2) 12.5 at HK Tower and milepost 00T 2.6 resulting in impaired cognitive function establishment of a specified minimum at Frankfort Avenue; and (2) milepost that occurred without warning in the period of insulin use to demonstrate 00T 2.6 at Frankfort Avenue and past 12 months and no recurrent (2 or stable control of diabetes before being milepost 000 6.4 at Osborne Yard in the more) severe hypoglycemic episodes in allowed to operate a CMV. vicinity of Big Ditch, all in the vicinity the last 5 years; understands diabetes In response to section 4129, FMCSA of Louisville, Ky., a distance of management and monitoring; has stable made immediate revisions to the approximately 17 miles.2 control of his diabetes using insulin; diabetes exemption program established The transaction may be consummated and is able to drive a CMV safely. Mr. by the September 3, 2003 notice. on or after September 10, 2010, the Velasco meets the requirements of the FMCSA discontinued use of the 3-year effective date of the exemption (30 days vision standard at 49 CFR 391.41(b)(10). driving experience and fulfilled the after the exemption is filed). The His optometrist examined him in 2010 requirements of section 4129 while purpose of the amended trackage rights and certified that he does not have continuing to ensure that operation of agreement is to allow RJCC to move ties, diabetic retinopathy. He holds a Class A CMVs by drivers with ITDM will ballast and other track material CDL license from Maryland. achieve the requisite level of safety efficiently in coordination with the required of all exemptions granted movement of its aluminum unit trains. Joshua R. Wiery under 49 U.S.C. 31136(e). As a condition to this exemption, any Mr. Wiery, 39, has had ITDM since Section 4129(d) also directed FMCSA employees affected by the trackage 1978. His endocrinologist examined him to ensure that drivers of CMVs with rights will be protected by the in 2010 and certified that he has had no ITDM are not held to a higher standard conditions imposed in Norfolk and severe hypoglycemic reactions resulting than other drivers, with the exception of Western Railway—Trackage Rights— in loss of consciousness, requiring the limited operating, monitoring and Burlington Northern, Inc., 354 I.C.C. 605 assistance of another person, or medical requirements that are deemed (1978), as modified in Mendocino Coast resulting in impaired cognitive function medically necessary. The FMCSA Railway—Lease and Operate— that occurred without warning in the concluded that all of the operating, California Western Railroad, 360 I.C.C. past 12 months and no recurrent (2 or monitoring and medical requirements 653 (1980). more) severe hypoglycemic episodes in set out in the September 3, 2003 notice, This notice is filed under 49 CFR the last 5 years; understands diabetes except as modified, were in compliance 1180.2(d)(7). If the notice contains false management and monitoring; has stable with section 4129(d). Therefore, all of or misleading information, the control of his diabetes using insulin; the requirements set out in the exemption is void ab initio. Petitions to and is able to drive a CMV safely. Mr. September 3, 2003 notice, except as revoke the exemption under 49 U.S.C. Wiery meets the requirements of the modified by the notice in the Federal 10502(d) may be filed at any time. The vision standard at 49 CFR 391.41(b)(10). Register on November 8, 2005 (70 FR filing of a petition to revoke will not His ophthalmologist examined him in 67777), remain in effect. automatically stay the effectiveness of 2010 and certified that he has stable Issued on: August 20, 2010. the exemption. Stay petitions must be proliferative diabetic retinopathy. He Larry W. Minor, filed by September 3, 2010 (at least 7 holds a Class D operator’s license from days before the exemption becomes Associate Administrator for Policy and Ohio. Program Development. effective). An original and 10 copies of all Request for Comments [FR Doc. 2010–21428 Filed 8–26–10; 8:45 am] pleadings, referring to Docket No. FD In accordance with 49 U.S.C. 31136(e) BILLING CODE 4915–01–P 35386, must be filed with the Surface and 31315, FMCSA requests public Transportation Board, 395 E Street, SW., comment from all interested persons on DEPARTMENT OF TRANSPORTATION Washington, DC 20423–0001. In the exemption petitions described in addition, a copy of each pleading must this notice. We will consider all Surface Transportation Board be served on Michael J. Barron, Jr., comments received before the close of Fletcher & Sippel LLC, 29 North Wacker business on the closing date indicated [Docket No. FD 35386] Drive, Suite 920, Chicago, IL 60606. Board decisions and notices are in the date section of the notice. R.J. Corman Railroad Company/ available on our Web site at http:// FMCSA notes that section 4129 of the Central Kentucky Lines, LLC— www.stb.dot.gov. Safe, Accountable, Flexible and Trackage Rights Exemption—CSX Efficient Transportation Equity Act: A Transportation, Inc. Decided: August 23, 2010. Legacy for Users requires the Secretary to revise its diabetes exemption program Pursuant to a written supplemental Central Kentucky Lines, LLC—Acquisition and established on September 3, 2003 (68 FR agreement dated July 28, 2010, CSX Operation Exemption—Line of R.J. Corman 52441).1 The revision must provide for Transportation, Inc. (CSXT) has agreed Railroad Property, LLC, FD 34624 (STB served Feb. 23, 2005). In 2008, the parties’ limited overhead individual assessment of drivers with to grant additional limited overhead trackage rights agreement was modified to allow 1 diabetes mellitus, and be consistent trackage rights to R.J. Corman Railroad RJCC to move carloads of cement and general with the criteria described in section merchandise between specified points in Kentucky. 4018 of the Transportation Equity Act 1 The original rights were obtained by R.J. Corman See R.J.Corman R.R./Cent. Ky. Lines, LLC— for the 21st Century (49 U.S.C. 31305). Railroad Property, LLC (RJCP) as incidental trackage Trackage Rights Exemption—CSX Transp., Inc., FD rights to a lease of another line exempted under 49 35124, (STB served Apr. 10, 2008). CFR § 1150.41 in R.J. Corman Railroad Property, 2 Applicant states that the earlier notices of 1 Section 4129(a) refers to the 2003 Notice as a LLC—Lease Exemption—Line of CSX exemption (FD 34624, FD 34625, and FD 35124) ‘‘final rule.’’ However, the 2003 Notice did not issue Transportation, Inc., FD 34625 (STB served Mar. 4, referred to the HK Tower being located at milepost a ‘‘final rule’’ but did establish the procedures and 2005). RJCP assigned the trackage rights to RJCC, its 12.49. In this notice, it is referred to as being standards for issuing exemptions for drivers with corporate affiliate. The assignment was exempted located at milepost 12.5, but applicant explains that ITDM. under 49 CFR § 1150.41 in R.J. Corman Railroad/ it is in the same location as before.

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By the Board, Rachel D. Campbell, same location or at Rickenbacker collection requirements to OMB for Director, Office of Proceedings. International Airport, Columbus, Ohio. review and clearance under the Kulunie L. Cannon, SUPPLEMENTARY INFORMATION: Following Paperwork Reduction Act of 1995, Clearance Clerk. is a legal description of the property Public Law 104–13 on or after the date [FR Doc. 2010–21330 Filed 8–26–10; 8:45 am] situated in the State of Ohio, County of of publication of this notice. A copy of BILLING CODE 4915–01–P Pickaway, Townships of Harrison and the submissions may be obtained by Madison, lying in Section 18, Township calling the Treasury Bureau Clearance 10, Range 21, Congress Lands, being Officer listed. Comments regarding DEPARTMENT OF TRANSPORTATION part of the remainder of the original these information collections should be 2995.065 acre tract conveyed as Tract 1 addressed to the OMB reviewer listed Federal Aviation Administration to Columbus Municipal Airport and to the Treasury PRA Clearance Officer, Department of the Treasury, Public Notice for Waiver of Authority by deed of record in Official Record 514, Page 2561, (all references 1750 Pennsylvania Avenue, NW., Suite Aeronautical Land-Use Assurance; 11010, Washington, DC 20220. Rickenbacker International Airport, are to the records of the Recorder’s Columbus, OH Office, Pickaway County, Ohio) and DATES: Written comments should be being more particularly described as received on or before September 27, AGENCY: Federal Aviation follows: 2010 to be assured of consideration. Administration, DOT. Legal Description of Property Internal Revenue Service (IRS) ACTION: Notice of release of waiver with respect to land. Beginning at an angle point in the OMB Number: 1545–0823. southerly line said 2995.065 acre (Tract Type of Review: Extension without SUMMARY: The Federal Aviation 1) at the northwesterly corner of a change to a currently approved Administration (FAA) is considering a 201.7757 acre tract conveyed to The collection. proposal to change a portion of the Landings at Rickenbacker, LLC; Title: FI–221–83 (NPRM) FI–100–83 airport from aeronautical use to non- Thence the following six (6) courses (Temporary Regulations) Indian Tribal aeronautical use and to authorize the and distances on, over and across the Governments Treated as States For release of 13.105 acres of airport said 2995.065 acre (Tract 1): Certain Purposes. property for the proposed development North 39°42′45″ West, a distance of Abstract: These regulations relate to of bulk warehouse/distribution facilities 666.60 feet, to a point; the treatment of Indian tribal as a component of the Rickenbacker North 53°46′55″ West, a distance of governments as States for certain Global Logistics Park. The land was 821.06 feet, to a point; Federal tax purposes. The regulations acquired by the Rickenbacker Port North 86°24′00″ West, a distance of provide that if the governing body of a Authority through two Quitclaim Deeds 151.16 feet, to a point; tribe, or its subdivision, is not dated March 30, 1984 from the North 03°24′05″ East, a distance of designated as an Indian tribal Administrator of General Services for 607.19 feet, to a point; government or subdivision thereof for the United States of America and May South 44°30′28″ East, a distance of purpose of sections 7701(a)(40) and 11, 1999 from the United States of 2298.53 feet, to a point on the northerly 7871, it may apply for a ruling from the America, acting by and through the line of said 201.7757 acre tract; IRS. Secretary of the Air Force. The property North 86°24′01″ West, a distance of Respondents: State, Local, and Tribal is no longer needed for aeronautical use. 408.93 feet, along said northerly line to Governments. Approval does not constitute a the Point of Beginning, containing Estimated Total Burden Hours: 25 commitment by the FAA to financially 13.105 acres, more or less, in Pickaway hours. assist in the disposal of the subject County. OMB Number: 1545–1013. airport property nor a determination of The bearings in the above description Type of Review: Extension without eligibility for grant-in-aid funding from are based on the bearing of North change to a currently approved the FAA. The disposition of proceeds 86°24′01″ West, for the southerly line of collection. from the disposal of the airport property the 2995.065 Acre (Tract 1) conveyed to Title: Return of Excise Tax on will be in accordance with FAA’s Policy Columbus Regional Airport Authority. Undistributed Income of Real Estate and Procedures Concerning the Use of This description was prepared from Investment Trusts. Airport Revenue, published in the record information from Recorder’s Form: 8612. Federal Register on February 16, 1999. Office, Franklin and Pickaway Countries Abstract: Form 8612 is used by real In accordance with section 47107(h) and is not for the use of the transfer of estate investment trusts to compute and of title 49, United States Code, this real property. pay the excise tax on undistributed notice is required to be published in the Stephanie R. Swann, income imposed under section 4981. Federal Register 30 days before IRS uses the information to verify that modifying the land-use assurance that Acting Manager, Detroit Airports District Office FAA, Great Lakes Region. the correct amount of tax has been requires the property to be used for an reported. [FR Doc. 2010–21210 Filed 8–26–10; 8:45 am] aeronautical purpose. Respondents: Private Sector: BILLING CODE 4910–13–P DATES: Comments must be received on Businesses or other for-profits. or before September 27, 2010. Estimated Total Burden Hours: 196 FOR FURTHER INFORMATION CONTACT: hours. DEPARTMENT OF THE TREASURY Diane Morse, Program Manager, Detroit OMB Number: 1545–1710. Airports District Office, 11677 South Submission for OMB Review; Type of Review: Revision of a Wayne Road, Suite 107, Romulus, Comment Request currently approved collection. Michigan 48174. Telephone Number: Title: Revenue Procedure 2005–60, (734)–229–2929/FAX Number: (734)– August 24, 2010. Form 940 e-file Program. 229–2950. Documents reflecting this The Department of the Treasury will Abstract: Revenue Procedure 2005–60 FAA action may be reviewed at this submit the following public information (supersedes 2001–9) provides guidance

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and the requirements for participating Abstract: Form 8879–EO authorizes Bureau Clearance Officer: R. Joseph in the form 940 e-file program. an officer of an exempt organization and Durbala, Internal Revenue Service, 1111 Respondents: Private Sector: electronic return originator (ERO) to use Constitution Avenue, NW., Room 6129, Businesses or other for-profits. a personal identification number (PIN) Washington, DC 20224; (202) 622–3634. Estimated Total Burden Hours: to electronically sign an organization’s OMB Reviewer: Shagufta Ahmed, 717,338 hours. electronic income tax return and, if Office of Management and Budget, New OMB Number: 1545–1878. applicable, Electronic Funds Executive Office Building, Room 10235, Type of Review: Revision of a Withdrawal Consent. Washington, DC 20503; (202) 395–7873. currently approved collection. Title: IRS e-file Signature Respondents: Private Sector: Not-for- Dawn D. Wolfgang, Authorization for an Exempt profit institutions. Treasury PRA Clearance Officer. Organization. Estimated Total Burden Hours: [FR Doc. 2010–21353 Filed 8–26–10; 8:45 am] Form: 8879–EO. 425,714 hours. BILLING CODE 4830–01–P

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Part II

Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Corps of Engineers, Real Estate, CEMP– URBAN DEVELOPMENT only’’ recipients of the property will be CR, 441 G Street, NW., Washington, DC required to relocate the building to their 20314; (202) 761–5542; ENERGY: Mr. [Docket No. FR–5375–N–33] own site at their own expense. Mark Price, Department of Energy, Federal Property Suitable as Facilities Homeless assistance providers Office of Engineering & Construction To Assist the Homeless interested in any such property should Management, MA–50, 1000 send a written expression of interest to Independence Ave, SW., Washington, AGENCY: Office of the Assistant HHS, addressed to Theresa Rita, DC 20585: (202) 586–5422; GSA: Mr. Secretary for Community Planning and Division of Property Management, Gordon Creed, General Services Development, HUD. Program Support Center, HHS, room Administration, Office of Property ACTION: Notice. 5B–17, 5600 Fishers Lane, Rockville, Disposal, 18th and F St., NW., MD 20857; (301) 443–2265. (This is not Washington, DC 20405; (202) 501–0084; SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the VA: Mr. George Szwarcman, Real unutilized, underutilized, excess, and interested provider an application Property Service, Department of surplus Federal property reviewed by packet, which will include instructions Veterans Affairs, 811 Vermont Ave., HUD for suitability for possible use to for completing the application. In order NW., Room 555, Washington, DC 20420; assist the homeless. to maximize the opportunity to utilize a (202) 461–8234; (These are not toll-free FOR FURTHER INFORMATION CONTACT: suitable property, providers should numbers). submit their written expressions of Kathy Ezzell, Department of Housing Dated: August 19, 2010. and Urban Development, 451 Seventh interest as soon as possible. For complete details concerning the Mark R. Johnston, Street SW., Room 7266, Washington, DC Deputy Assistant Secretary for Special Needs. 20410; telephone (202) 708–1234; TTY processing of applications, the reader is number for the hearing- and speech- encouraged to refer to the interim rule TITLE V, FEDERAL SURPLUS PROPERTY impaired (202) 708–2565 (these governing this program, 24 CFR part PROGRAM; FEDERAL REGISTER REPORT telephone numbers are not toll-free), or 581. FOR 08/27/2010 call the toll-free Title V information line For properties listed as suitable/to be Suitable/Available Properties at 800–927–7588. excess, that property may, if subsequently accepted as excess by Building SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the California accordance with 24 CFR part 581 and homeless in accordance with applicable 4 Bldgs. section 501 of the Stewart B. McKinney law, subject to screening for other OTH–B Radar Site Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Tulelake CA 91634 11411), as amended, HUD is publishing HUD will publish the property in a Landholding Agency: COE this Notice to identify Federal buildings Notice showing it as either suitable/ Property Number: 31200840001 and other real property that HUD has available or suitable/unavailable. Status: Unutilized reviewed for suitability for use to assist For properties listed as suitable/ Comments: most recent use— the homeless. The properties were communications/vehicle maint., off-site unavailable, the landholding agency has use only reviewed using information provided to decided that the property cannot be HUD by Federal landholding agencies declared excess or made available for Colorado regarding unutilized and underutilized use to assist the homeless, and the Bldg. 2 buildings and real property controlled property will not be available. VAMC by such agencies or by GSA regarding Properties listed as unsuitable will 2121 North Avenue Grand Junction Co: Mesa CO 81501 its inventory of excess or surplus not be made available for any other Federal property. This Notice is also Landholding Agency: VA purpose for 20 days from the date of this Property Number: 97200430001 published in order to comply with the Notice. Homeless assistance providers Status: Unutilized December 12, 1988 Court Order in interested in a review by HUD of the Comments: 3298 sq. ft., needs major rehab, National Coalition for the Homeless v. determination of unsuitability should presence of asbestos/lead paint Veterans Administration, No. 88–2503– call the toll free information line at 1– Bldg. 3 OG (D.D.C.). 800–927–7588 for detailed instructions VAMC Properties reviewed are listed in this or write a letter to Mark Johnston at the 2121 North Avenue Notice according to the following address listed at the beginning of this Grand Junction Co: Mesa CO 81501 categories: Suitable/available, suitable/ Notice. Included in the request for Landholding Agency: VA unavailable, suitable/to be excess, and review should be the property address Property Number: 97200430002 unsuitable. The properties listed in the Status: Unutilized (including zip code), the date of Comments: 7275 sq. ft., needs major rehab, three suitable categories have been publication in the Federal Register, the presence of asbestos/lead paint reviewed by the landholding agencies, landholding agency, and the property Georgia and each agency has transmitted to number. HUD: (1) Its intention to make the For more information regarding Ft. Benning Railroad Corridor property available for use to assist the particular properties identified in this Cusseta Road Columbus GA 31401 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: 54201030006 (3) a statement of the reasons that the providers should contact the Status: Excess property cannot be declared excess or appropriate landholding agencies at the GSA Number: 4–D–GA–0518AD made available for use as facilities to following addresses: COAST GUARD: Comments: 55 linear acres, multiple assist the homeless. Commandant, U.S. Coast Guard, Office easements, most recent use—railroad/ Properties listed as suitable/available of Civil Engineering, Ms. Jennifer utility corridor, portion is under lease until will be available exclusively for Stomber, 2100 Second St., SW., Stop 12/31/2010 homeless use for a period of 60 days 7901, Washington, DC 20593; (202) 475– Indiana from the date of this Notice. Where 5609; COE: Mr. Scott Whiteford, Army Bldg. 105, VAMC

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East 38th Street Bldg. 13 Property Number: 31200040010 Marion Co: Grant IN 46952 N. Indiana Health Care System Status: Unutilized Landholding Agency: VA Marion Co: Grant IN 46952 Comments: 22799 sq. ft., presence of Property Number: 97199230006 Landholding Agency: VA asbestos, most recent use—cold storage, Status: Excess Property Number: 97200310004 off-site use only Comments: 310 sq. ft., 1 story stone structure, Status: Unutilized Bldg. 2 no sanitary or heating facilities, Natl Comments: 8971 sq. ft., needs extensive Butte Natl Guard Register of Historic Places repairs, presence of asbestos, most recent Butte Co: Silverbow MT 59701 Bldg. 10 use—office Landholding Agency: COE VA Northern Indiana Health Care System Bldg. 42 Property Number: 31200040011 Marion Campus, 1700 East 38th Street N. Indiana Health Care System Status: Unutilized Marion Co: Grant IN 46953 Marion Co: Grant IN 46952 Comments: 3292 sq. ft., most recent use— Landholding Agency: VA Landholding Agency: VA cold storage, off-site use only Property Number: 97199810002 Property Number: 97200310007 Bldg. 3 Status: Underutilized Status: Unutilized Butte Natl Guard Comments: 16,361 sq. ft., presence of Comments: 5025 sq. ft., needs extensive Butte Co: Silverbow MT 59701 asbestos, most recent use—psychiatric repairs, presence of asbestos, most recent Landholding Agency: COE ward, National Register of Historic Places use—office Property Number: 31200040012 Bldg. 11 Bldg. 60 Status: Unutilized VA Northern Indiana Health Care System N. Indiana Health Care System Comments: 964 sq. ft., most recent use—cold Marion Campus, 1700 East 38th Street Marion Co: Grant IN 46952 storage, off-site use only Marion Co: Grant IN 46953 Landholding Agency: VA Bldg. 4 Landholding Agency: VA Property Number: 97200310008 Butte Natl Guard Property Number: 97199810003 Status: Unutilized Butte Co: Silverbow MT 59701 Status: Underutilized Comments: 18,126 sq. ft., needs extensive Landholding Agency: COE Comments: 16,361 sq. ft., presence of repairs, presence of asbestos, most recent Property Number: 31200040013 asbestos, most recent use—psychiatric use—office Status: Unutilized ward, National Register of Historic Places Bldg. 122 Comments: 72 sq. ft., most recent use—cold Bldg. 18 N. Indiana Health Care System storage, off-site use only VA Northern Indiana Health Care System Marion Co: Grant IN 46952 Bldg. 5 Marion Campus, 1700 East 38th Street Landholding Agency: VA Butte Natl Guard Marion Co: Grant IN 46953 Property Number: 97200310009 Butte Co: Silverbow MT 59701 Landholding Agency: VA Status: Unutilized Landholding Agency: COE Property Number: 97199810004 Comments: 37,135 sq. ft., needs extensive Property Number: 31200040014 Status: Underutilized repairs, presence of asbestos, most recent Status: Unutilized Comments: 13,802 sq. ft., presence of use—dining hall/kitchen Comments: 1286 sq. ft., most recent use— asbestos, most recent use—psychiatric Iowa cold storage, off-site use only ward, National Register of Historic Places Former SSA Bldg. New York Bldg. 25 3012 Division Street Bldg. 3 VA Northern Indiana Health Care System Burlington IA 52601 VA Medical Center Marion Campus, 1700 East 38th Street Landholding Agency: GSA Batavia Co: Genesee NY 14020 Marion Co: Grant IN 46953 Property Number: 54201020005 Landholding Agency: VA Landholding Agency: VA Status: Excess Property Number: 97200520001 Property Number: 97199810005 GSA Number: 7–G–IA–0508 Status: Unutilized Status: Unutilized Comments: 5060 sq. ft., most recent use— Comments: 5840 sq. ft., needs rehab, Comments: 32,892 sq. ft., presence of office presence of asbestos, most recent use— asbestos, most recent use—psychiatric offices, eligible for Natl Register of Historic ward, National Register of Historic Places Kentucky Places Bldg. 1 Green River Lock #3 N. Indiana Health Care System Rochester Co: Butler KY 42273 Ohio Marion Co: Grant IN 46952 Landholding Agency: COE Barker Historic House Landholding Agency: VA Property Number: 31199010022 Willow Island Locks and Dam Property Number: 97200310001 Status: Unutilized Newport Co: Washington OH 45768–9801 Status: Unutilized Directions: SR 70 west from Morgantown, Landholding Agency: COE Comments: 20,287 sq. ft., needs extensive KY., approximately 7 miles to site. Property Number: 31199120018 repairs, presence of asbestos, most recent Comments: 980 sq. ft.; 2 story wood frame; Status: Unutilized use—patient ward two story residence; potential utilities; Directions: Located at lock site, downstream Bldg. 3 needs major rehab. of lock and dam structure N. Indiana Health Care System Louisiana Comments: 1600 sq. ft. bldg. with 1⁄2 acre of land, 2 story brick frame, needs rehab, on Marion Co: Grant IN 46952 FAA Outermarker Landholding Agency: VA Natl Register of Historic Places, no utilities, St. Charles Parish off-site use only Property Number: 97200310002 New Orleans LA 70094 Status: Unutilized Landholding Agency: GSA Bldg. MURDOT–23142 Comments: 20,550 sq. ft., needs extensive Property Number: 54201030007 5153 State Rd repairs, presence of asbestos, most recent Status: Excess Dover OH 44622 use—patient ward GSA Number: 7–U–LA–574–1 Landholding Agency: COE Bldg. 4 Comments: 48 sq. ft., legal constraints, Property Number: 31201020001 N. Indiana Health Care System mining leases, located near landfill/airport, Status: Unutilized Marion Co: Grant IN 46952 most recent use—storage Comments: 664 sq. ft. office bldg., presence Landholding Agency: VA of asbestos/lead paint, off-site use only Property Number: 97200310003 Montana Belmont Cty Memorial USAR Ctr Status: Unutilized Bldg. 1 5305 Guernsey St. Comments: 20,550 sq .ft., needs extensive Butte Natl Guard Bellaire OH 43906 repairs, presence of asbestos, most recent Butte Co: Silverbow MT 59701 Landholding Agency: GSA use—patient ward Landholding Agency: COE Property Number: 54201020008

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Status: Excess Comments: approx. 5299 sq. ft., 1-story, most West Virginia GSA Number: 1–D–OH–837 recent use—residence, off-site use only Harley O. Staggers Bldg. Comments: 11,734 sq. ft.—office/drill hall; Dwelling #1 75 High St. 2,519 sq. ft.—maint. shop Loyalhanna Lake Morgantown WV 26505 Army Reserve Center Saltsburg Co: Westmoreland PA 15681–9302 Landholding Agency: GSA 5301 Hauserman Rd. Landholding Agency: COE Property Number: 54201020013 Parma Co: Cuyahoga OH 44130 Property Number: 31199740006 Status: Excess Landholding Agency: GSA Status: Excess GSA Number: 4–G–WV–0557 Property Number: 54201020009 Comments: 1996 sq. ft., most recent use— Comments: 57,600 sq. ft; future owners must Status: Excess residential, good condition, off-site use maintain exposure prevention methods GSA Number: I–D–OH–842 only (details in deed); most recent use: P.O. and Comments: 29, 212, and 6,097 sq. ft.; most Dwelling #2 Federal offices recent use: office, storage, classroom, and Loyalhanna Lake drill hall; water damage on 2nd floor; and Saltsburg Co: Westmoreland PA 15681–9302 Land wetland property Landholding Agency: COE Alabama 2LT George F. Pennington USARC Property Number: 31199740007 VA Medical Center Status: Excess 2164 Harding Hwy. E. VAMC Comments: 1996 sq. ft., most recent use— Marion OH 43302 Tuskegee Co: Macon AL 36083 residential, good condition, off-site use Landholding Agency: GSA Landholding Agency: VA only Property Number: 54201020010 Property Number: 97199010053 Status: Excess Dwelling #2 Status: Underutilized GSA Number: I–D–OH–838 Lock 6, 1260 River Road Comments: 40 acres, buffer to VA Medical Comments: 4,396 and 1,325 sq. ft; current Freeport Co: Armstrong PA 16229–2023 Center, potential utilities, undeveloped use: office and storage; asbestos identified Landholding Agency: COE Property Number: 31199740009 Iowa Pennsylvania Status: Excess 40.66 acres Mahoning Creek Reservoir Comments: 2652 sq. ft., most recent use— VA Medical Center New Bethlehem Co: Armstrong PA 16242 residential, good condition, off-site use 1515 West Pleasant St. Landholding Agency: COE only Knoxville Co: Marion IA 50138 Property Number: 31199210008 Residence A Landholding Agency: VA Status: Unutilized 2045 Pohopoco Drive Property Number: 97199740002 Comments: 1015 sq. ft., 2 story brick Lehighton Co: Carbon PA 18235 Status: Unutilized residence, off-site use only Landholding Agency: COE Comments: golf course, easement Dwelling Property Number: 31200410007 requirements Lock 6, Allegheny River, 1260 River Rd. Status: Unutilized Kentucky Freeport Co: Armstrong PA 16229–2023 Comments: 1200 sq. ft., presence of asbestos, Landholding Agency: COE off-site use only Tract 2625 Property Number: 31199620008 BEL–007 Barkley Lake, Kentucky, and Tennessee Status: Unutilized 2145 Pohopco Dr. Cadiz Co: Trigg KY 42211 Comments: 2652 sq. ft., 3-story brick house, Lehighton PA 18235 Landholding Agency: COE in close proximity to Lock and Dam, Landholding Agency: COE Property Number: 31199010025 available for interim use for nonresidential Property Number: 31201030001 Status: Excess purposes Status: Unutilized Directions: Adjoining the village of Dwelling Comments: 1188 sq. ft., off-site use only Rockcastle Comments: 2.57 acres; rolling and wooded Lock 4, Allegheny River South Dakota Natrona Co: Allegheny PA 15065–2609 Tract 2709–10 and 2710–2 Camp Crook Bldg. No. 2002 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Camp Crook Co: Harding SD 57724 Property Number: 31199710009 Cadiz Co: Trigg KY 42211 Landholding Agency: GSA Status: Unutilized Landholding Agency: COE Property Number: 54201020007 Comments: 1664 sq. ft., 2-story brick Property Number: 31199010026 Status: Surplus Status: Excess residence, needs repair, off-site use only GSA Number: 7–A–SD–0535–1 Directions: 21⁄2 miles in a southerly direction Dwelling #1 Comments: off-site removal only, 2395 sq. ft., from the village of Rockcastle Crooked Creek Lake needs repair, and presence of asbestos Ford City Co: Armstrong PA 16226–8815 Comments: 2.00 acres; steep and wooded Virginia Landholding Agency: COE Tract 2708–1 and 2709–1 Property Number: 31199740002 Sewell’s Point Substation Barkley Lake, Kentucky and Tennessee Status: Excess Hampton Blvd. Cadiz Co: Trigg KY 42211 Comments: 2030 sq. ft., most recent use— Norfolk VA 23505 Landholding Agency: COE residential, good condition, off-site use Landholding Agency: GSA Property Number: 31199010027 only Property Number: 54201030009 Status: Excess Status: Excess 1 Dwelling #2 Directions: 2 ⁄2 miles in a southerly direction Crooked Creek Lake GSA Number: 4–N–VA–0753 from the village of Rockcastle Comments: 400 sq. ft., permanent utility Ford City Co: Armstrong PA 16226–8815 Comments: 3.59 acres; rolling and wooded; easement, most recent use—electrical Landholding Agency: COE no utilities substation Property Number: 31199740003 Tract 2800 Status: Excess Washington Barkley Lake, Kentucky and Tennessee Comments: 3045 sq. ft., most recent use— Fox Island Naval Lab Cadiz Co: Trigg KY 42211 residential, good condition, off-site use 630 3rd Ave. Landholding Agency: COE only Fox Island Co: Pierce WA 98333 Property Number: 31199010028 Govt Dwelling Landholding Agency: GSA Status: Excess East Branch Lake Property Number: 54201020012 Directions: 41⁄2 miles in a southeasterly Wilcox Co: Elk PA 15870–9709 Status: Surplus direction from the village of Rockcastle Landholding Agency: COE GSA Number: 9–D–WA–1245 Comments: 5.44 acres; steep and wooded Property Number: 31199740005 Comments: 6405 sq. ft.; current use: office Tract 2915 Status: Underutilized and lab Barkley Lake, Kentucky and Tennessee

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Cadiz Co: Trigg KY 42211 Status: Excess Tract 214 Landholding Agency: COE Directions: Approximately 4 miles east of Barkley Lake, Kentucky and Tennessee Property Number: 31199010029 Eddyville, KY Grand Rivers Co: Lyon KY 42045 Status: Excess Comments: 25.86 acres; rolling steep and Landholding Agency: COE Directions: 61⁄2 miles west of Cadiz partially wooded; no utilities Property Number: 31199010052 Comments: 5.76 acres; steep and wooded; no Tract 1907 Status: Excess utilities Barkley Lake, Kentucky and Tennessee Directions: South of the Illinois Central Tract 2702 Eddyville Co: Lyon KY 42038 Railroad, 1 mile east of the Cumberland Barkley Lake, Kentucky and Tennessee Landholding Agency: COE River Cadiz Co: Trigg KY 42211 Property Number: 31199010045 Comments: 5.5 acres; wooded; no utilities Landholding Agency: COE Status: Excess Tract 215 Property Number: 31199010031 Directions: On the waters of Pilfen Creek, 4 Barkley Lake, Kentucky and Tennessee Status: Excess miles east of Eddyville, KY Grand Rivers Co: Lyon KY 42045 Directions: 1 mile in a southerly direction Comments: 8.71 acres; rolling steep and Landholding Agency: COE from the village of Rockcastle wooded; no utilities Property Number: 31199010053 Comments: 4.90 acres; wooded; no utilities Tract 2001 #1 Status: Excess Tract 4318 Barkley Lake, Kentucky and Tennessee Directions: 5 miles southwest of Kuttawa Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Comments: 1.40 acres; wooded; no utilities Canton Co: Trigg KY 42212 Landholding Agency: COE Tract 241 Landholding Agency: COE Property Number: 31199010046 Barkley Lake, Kentucky and Tennessee Property Number: 31199010032 Status: Excess Grand Rivers Co: Lyon KY 42045 Directions: Approximately 41 2 Status: Excess ⁄ miles east of Landholding Agency: COE Eddyville, KY Directions: Trigg Co. adjoining the city of Property Number: 31199010054 Comments: 47.42 acres; steep and wooded; Canton, KY. on the waters of Hopson Creek Status: Excess no utilities Comments: 8.24 acres; steep and wooded Directions: Old Henson Ferry Road, 6 miles Tract 4502 Tract 2001 #2 west of Kuttawa, KY Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Comments: 1.26 acres; steep and wooded; no Canton Co: Trigg KY 42212 Eddyville Co: Lyon KY 42030 utilities Landholding Agency: COE Landholding Agency: COE Tracts 306, 311, 315 and 325 Property Number: 31199010047 Property Number: 31199010033 Barkley Lake, Kentucky and Tennessee Status: Excess Status: Excess Grand Rivers Co: Lyon KY 42045 Directions: Approximately 41⁄2 miles east of Directions: 31⁄2 miles in a southerly direction Eddyville, KY Landholding Agency: COE from Canton, KY Property Number: 31199010055 Comments: 4.26 acres; steep and wooded Comments: 8.64 acres; steep and wooded; no utilities Status: Excess Tract 4611 Directions: 2.5 miles southwest of Kuttawa, Barkley Lake, Kentucky and Tennessee Tract 2005 KY on the waters of Cypress Creek Canton Co: Trigg KY 42212 Barkley Lake, Kentucky and Tennessee Comments: 38.77 acres; steep and wooded; Landholding Agency: COE Eddyville Co: Lyon KY 42030 no utilities Landholding Agency: COE Property Number: 31199010034 Tracts 2305, 2306, and 2400–1 Status: Excess Property Number: 31199010048 Status: Excess Barkley Lake, Kentucky and Tennessee Directions: 5 miles south of Canton, KY Eddyville Co: Lyon KY 42030 Directions: Approximately 51⁄2 miles east of Comments: 10.51 acres; steep and wooded; Eddyville, KY Landholding Agency: COE no utilities Comments: 4.62 acres; steep and wooded; no Property Number: 31199010056 Tract 4619 utilities Status: Excess Barkley Lake, Kentucky and Tennessee Directions: 61⁄2 miles southeasterly of Tract 2307 Canton Co: Trigg KY 42212 Eddyville, KY Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Comments: 97.66 acres; steep rolling and Eddyville Co: Lyon KY 42030 Property Number: 31199010035 wooded; no utilities Landholding Agency: COE Status: Excess Tracts 5203 and 5204 1 Property Number: 31199010049 Directions: 4 ⁄2 miles south from Canton, KY Status: Excess Barkley Lake, Kentucky and Tennessee Comments: 2.02 acres; steep and wooded; no Directions: Approximately 71⁄2 miles Linton Co: Trigg KY 42212 utilities southeasterly of Eddyville, KY Landholding Agency: COE Tract 4817 Comments: 11.43 acres; steep; rolling and Property Number: 31199010058 Barkley Lake, Kentucky and Tennessee wooded; no utilities Status: Excess Canton Co: Trigg KY 42212 Tract 2403 Directions: Village of Linton, KY State Landholding Agency: COE Barkley Lake, Kentucky and Tennessee highway 1254 Property Number: 31199010036 Eddyville Co: Lyon KY 42030 Comments: 0.93 acres; rolling, partially Status: Excess Landholding Agency: COE wooded; no utilities 1 Directions: 6 ⁄2 miles south of Canton, KY Property Number: 31199010050 Tract 5240 Comments: 1.75 acres; wooded Status: Excess Barkley Lake, Kentucky and Tennessee Tract 1217 Directions: 7 miles southeasterly of Linton Co: Trigg KY 42212 Barkley Lake, Kentucky and Tennessee Eddyville, KY Landholding Agency: COE Eddyville Co: Lyon KY 42030 Comments: 1.56 acres; steep and wooded; no Property Number: 31199010059 Landholding Agency: COE utilities Status: Excess Property Number: 31199010042 Tract 2504 Directions: 1 mile northwest of Linton, KY Status: Excess Barkley Lake, Kentucky and Tennessee Comments: 2.26 acres; steep and wooded; no Directions: On the north side of the Illinois Eddyville Co: Lyon KY 42030 utilities Central Railroad Landholding Agency: COE Tract 4628 Comments: 5.80 acres; steep and wooded Property Number: 31199010051 Barkley Lake, Kentucky and Tennessee Tract 1906 Status: Excess Canton Co: Trigg KY 42212 Barkley Lake, Kentucky and Tennessee Directions: 9 miles southeasterly of Landholding Agency: COE Eddyville Co: Lyon KY 42030 Eddyville, KY Property Number: 31199011621 Landholding Agency: COE Comments: 24.46 acres; steep and wooded; Status: Excess Property Number: 31199010044 no utilities Directions: 41⁄2 miles south from Canton, KY

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Comments: 3.71 acres; steep and wooded; Comments: 3 acres; no utilities; subject to Landholding Agency: COE subject to utility easements right of way for Oklahoma State Highway Property Number: 31199010929 Tract 4619–B 3 Status: Excess Directions: 1⁄2 mile downstream from Barkley Lake, Kentucky and Tennessee Pennsylvania Canton Co: Trigg KY 42212 Cheatham Dam Landholding Agency: COE Mahoning Creek Lake Comments: 26.25 acres; subject to existing Property Number: 31199011622 New Bethlehem Co: Armstrong PA 16242– easements Status: Excess 9603 Tract 2319 Landholding Agency: COE Directions: 41⁄2 miles south from Canton, KY J. Percy Priest Dam and Resorvoir Property Number: 31199010018 Comments: 1.73 acres; steep and wooded; Murfreesboro Co: Rutherford TN 37130 Status: Excess subject to utility easements Landholding Agency: COE Directions: Route 28 north to Belknap, Road Property Number: 31199010930 Tract 2403–B #4 Status: Excess Barkley Lake, Kentucky and Tennessee Comments: 2.58 acres; steep and densely Directions: West of Buckeye Bottom Road Eddyville Co: Lyon KY 42038 wooded Landholding Agency: COE Comments: 14.48 acres; subject to existing Property Number: 31199011623 Tracts 610, 611, 612 easements Shenango River Lake Status: Unutilized Tract 2227 Sharpsville Co: Mercer PA 16150 Directions: 7 miles southeasterly from J. Percy Priest Dam and Resorvoir Eddyville, KY Landholding Agency: COE Property Number: 31199011001 Murfreesboro Co: Rutherford TN 37130 Comments: 0.70 acres, wooded; subject to Landholding Agency: COE utility easements Status: Excess Directions: I–79 North, I–80 West, Exit Property Number: 31199010931 Tract 241–B Sharon. R18 North 4 miles, left on R518, Status: Excess Barkley Lake, Kentucky and Tennessee right on Mercer Avenue Directions: Old Jefferson Pike Grand Rivers Co: Lyon KY 42045 Comments: 24.09 acres; subject to flowage Comments: 2.27 acres; subject to existing Landholding Agency: COE easement easements Property Number: 31199011624 Tract 2107 Status: Excess Tracts L24, L26 Crooked Creek Lake J. Percy Priest Dam and Reservoir Directions: South of Old Henson Ferry Road, Murfreesboro Co: Rutherford TN 37130 6 miles west of Kuttawa, KY Null Co: Armstrong PA 03051 Landholding Agency: COE Landholding Agency: COE Comments: 11.16 acres; steep and wooded; Property Number: 31199010932 subject to utility easements Property Number: 31199011011 Status: Unutilized Status: Excess Tracts 212 and 237 Directions: Left bank—55 miles downstream Directions: Across Fall Creek near Fall Creek Barkley Lake, Kentucky and Tennessee of dam camping area Grand Rivers Co: Lyon KY 42045 Comments: 7.59 acres; potential for utilities Comments: 14.85 acres; subject to existing Landholding Agency: COE easements Property Number: 31199011625 Portion of Tract L–21A Crooked Creek Lake, LR 03051 Tracts 2601, 2602, 2603, 2604 Status: Excess Cordell Hull Lake and Dam Project Directions: Old Henson Ferry Road, 6 miles Ford City Co: Armstrong PA 16226 Landholding Agency: COE Doe Row Creek west of Kuttawa, KY Gainesboro Co: Jackson TN 38562 Comments: 2.44 acres; steep and wooded; Property Number: 31199430012 Landholding Agency: COE subject to utility easements Status: Unutilized Comments: Approximately 1.72 acres of Property Number: 31199010933 Tract 215–B undeveloped land, subject to gas rights Status: Unutilized Barkley Lake, Kentucky and Tennessee Directions: TN Highway 56 South Dakota Grand Rivers Co: Lyon KY 42045 Comments: 11 acres; subject to existing Landholding Agency: COE Portion/Tract A127 easements Property Number: 31199011626 Gavins Point Dam Tract 1911 Status: Excess Yankton SD J. Percy Priest Dam and Reservoir Directions: 5 miles southwest of Kuttawa Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130 Comments: 1.00 acres; wooded; subject to Property Number: 31200940001 Landholding Agency: COE utility easements Status: Unutilized Property Number: 31199010934 Comments: 0.3018 acre, road right of way Tract 233 Status: Excess Barkley Lake, Kentucky and Tennessee Tennessee Directions: East of Lamar Road Grand Rivers Co: Lyon KY 42045 Tract 6827 Comments: 6.92 acres; subject to existing Landholding Agency: COE easements Property Number: 31199011627 Barkley Lake Status: Excess Dover Co: Stewart TN 37058 Tract 7206 Directions: 5 miles southwest of Kuttawa Landholding Agency: COE Barkley Lake Comments: 1.00 acres; wooded; subject to Property Number: 31199010927 Dover Co: Stewart TN 37058 utility easements Status: Excess Landholding Agency: COE Directions: 21 2 Property Number: 31199010936 Tract N–819 ⁄ miles west of Dover, TN Status: Excess Dale Hollow Lake Project Comments: .57 acres; subject to existing Directions: 21⁄2 miles SE of Dover, TN Illwill Creek, Hwy 90 easements Comments: 10.15 acres; subject to existing Hobart Co: Clinton KY 42601 Tracts 6002–2 and 6010 easements Landholding Agency: COE Barkley Lake Property Number: 31199140009 Dover Co: Stewart TN 37058 Tracts 8813, 8814 Status: Underutilized Landholding Agency: COE Barkley Lake Comments: 91 acres, most recent use— Property Number: 31199010928 Cumberland Co: Stewart TN 37050 hunting, subject to existing easements Status: Excess Landholding Agency: COE Directions: 31⁄2 miles south of village of Property Number: 31199010937 Oklahoma Tabaccoport Status: Excess Pine Creek Lake Comments: 100.86 acres; subject to existing Directions: 11⁄2 miles East of Cumberland Section 27 (See County) Co: McCurtain OK easements City Landholding Agency: COE Tract 11516 Comments: 96 acres; subject to existing Property Number: 31199010923 Barkley Lake easements Status: Unutilized Ashland City Co: Dickson TN 37015 Tract 8911

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Barkley Lake Dale Hollow Lake Project Salmonberry Qtrs. Cumberland City Co: Montgomery TN 37050 Canoe Ridge, State Hwy 52 157 Salmonberry Landholding Agency: COE Celina Co: Clay TN 38551 Bethel AK 99559 Property Number: 31199010938 Landholding Agency: COE Landholding Agency: GSA Status: Excess Property Number: 31199140006 Property Number: 54200940001 Directions: 4 miles east of Cumberland City Status: Underutilized Status: Excess Comments: 7.7 acres; subject to existing Comments: 351 acres, most recent use— GSA Number: 9–U–AK–825 easements hunting, subject to existing easements Comments: 2600 sq. ft., most recent use— Tract 11503 Tract A–120 residential Barkley Lake Dale Hollow Lake Project Dalton-Cache Border Station Ashland City Co: Cheatham TN 37015 Swann Ridge, State Hwy No. 53 Mile 42 Haines Highway Landholding Agency: COE Celina Co: Clay TN 38551 Haines AK 99827 Property Number: 31199010939 Landholding Agency: COE Landholding Agency: GSA Status: Excess Property Number: 31199140007 Property Number: 54201010019 Directions: 2 miles downstream from Status: Underutilized Status: Excess Cheatham Dam Comments: 883 acres, most recent use— GSA Number: 9–G–AK–0833 Comments: 1.1 acres; subject to existing hunting, subject to existing easements Directions: Bldgs. 1 and 2 easements Tract D–185 Comments: 1,940 sq. ft., most recent use- Tracts 11523, 11524 Dale Hollow Lake Project residential, and off-site removal only Barkley Lake Ashburn Creek, Hwy No. 53 California Ashland City Co: Cheatham TN 37015 Livingston Co: Clay TN 38570 Landholding Agency: COE Landholding Agency: COE Defense Fuel Support Pt. Property Number: 31199010940 Property Number: 31199140010 Estero Bay Facility Status: Excess Status: Underutilized Morro Bay CA 93442 1 Directions: 2 ⁄2 miles downstream from Comments: 97 acres, most recent use— Landholding Agency: GSA Cheatham Dam hunting, subject to existing easements Property Number: 54200810001 Comments: 19.5 acres; subject to existing Status: Surplus easements Texas GSA Number: 9–N–CA–1606 Tract 6410 Land Comments: former 10 acre fuel tank farm w/ Barkley Lake Olin E. Teague Veterans Center associated bldgs/pipelines/equipment, Bumpus Mills Co: Stewart TN 37028 1901 South 1st Street possible asbestos/PCBs Landholding Agency: COE Temple Co: Bell TX 76504 Former SSA Bldg. Property Number: 31199010941 Landholding Agency: VA 1230 12th Street Status: Excess Property Number: 97199010079 Modesto CA 95354 Directions: 41⁄2 miles SW. of Bumpus Mills Status: Underutilized Landholding Agency: GSA Comments: 17 acres; subject to existing Comments: 13 acres, portion formerly Property Number: 54201020002 easements landfill, portion near flammable materials, Status: Surplus Tract 9707 railroad crosses property, potential utilities GSA Number: 9–G–CA–1610 Barkley Lake Comments: 11,957 sq. ft., needs rehab/ Utah Palmyer Co: Montgomery TN 37142 seismic retrofit work, potential Landholding Agency: COE Processing and Disposal Site groundwater contamination below site, Property Number: 31199010943 Monticello UT 84535 potential flooding Status: Excess Landholding Agency: GSA Illinois Directions: 3 miles NE of Palmyer, TN. Property Number: 54201030008 Highway 149 Status: Surplus Bldg. 7 Comments: 6.6 acres; subject to existing GSA Number: 7–B–UT–431–AO Ohio River Locks No. 53 easements Comments: 175.41 acres, permanent utility Grand Chain Co: Pulaski IL 62941–9801 Tract 6949 easement, small portion may have Landholding Agency: COE Barkley Lake contaminated groundwater, most recent Property Number: 31199010001 Dover Co: Stewart TN 37058 use—grazing/farming Status: Unutilized Landholding Agency: COE Wisconsin Directions: Ohio River Locks and Dam No. 53 Property Number: 31199010944 at Grand Chain VA Medical Center Comments: 900 sq. ft.; 1 floor wood frame; Status: Excess County Highway E 1 most recent use—residence Directions: 1 ⁄2 miles SE of Dover, TN Tomah Co: Monroe WI 54660 Bldg. 6 Comments: 29.67 acres; subject to existing Landholding Agency: VA Ohio River Locks No. 53 easements Property Number: 97199010054 Grand Chain Co: Pulaski IL 62941–9801 Tracts 6005 and 6017 Status: Underutilized Landholding Agency: COE Barkley Lake Comments: 12.4 acres, serves as buffer Property Number: 31199010002 Dover Co: Stewart TN 37058 between center and private property, no Status: Unutilized Landholding Agency: COE utilities Property Number: 31199011173 Directions: Ohio River Locks and Dam No. 53 Status: Excess Suitable/Unavailable Properties at Grand Chain Directions: 3 miles south of Village of Comments: 900 sq. ft.; one floor wood frame; Tobaccoport Building most recent use—residence Comments: 5 acres; subject to existing Alaska Bldg. 5 easements 18 Fuel Storage Tanks Ohio River Locks No. 53 Tracts K–1191, K–1135 Point Barrow Long Range Grand Chain Co: Pulaski IL 62941–9801 Old Hickory Lock and Dam Radar Site Landholding Agency: COE Hartsville Co: Trousdale TN 37074 Barrow AK 99723 Property Number: 31199010003 Landholding Agency: COE Landholding Agency: GSA Status: Unutilized Property Number: 31199130007 Property Number: 54200930009 Directions: Ohio River Locks and Dam No. 53 Status: Underutilized Status: Excess at Grand Chain Comments: 54 acres, (portion in floodway), GSA Number: 9–D–AK–824 Comments: 900 sq. ft.; one floor wood frame; most recent use—recreation Comments: 18,000–65,000 gallons, off-site most recent use—residence Tract A–102 use only Bldg. 4

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Ohio River Locks No. 53 Landholding Agency: GSA Army Reserve Center Grand Chain Co: Pulaski IL 62941–9801 Property Number: 54200720020 3120 Parkway Dr. Landholding Agency: COE Status: Excess Canton OH 44708 Property Number: 31199010004 GSA Number: 1–G–MI–822 Landholding Agency: GSA Status: Unutilized Comments: 10,283 sq. ft., most recent use— Property Number: 54200840008 Directions: Ohio River Locks and Dam No. 53 office Status: Excess at Grand Chain Missouri GSA Number: 1–D–OH–835 Comments: 900 sq. ft.; one floor wood frame; Comments: 27,603 sq.ft./admin bldg. & most recent use—residence Federal Bldg/Courthouse vehicle maint. bldg., presence of asbestos/ 339 Broadway St. Bldg. 3 lead paint/radon/PCBs Cape Girardeau MO 63701 Ohio River Locks No. 53 Oxford USAR Facility Landholding Agency: GSA Grand Chain Co: Pulaski IL 62941–9801 6557 Todd Road Landholding Agency: COE Property Number: 54200840013 Oxford OH 45056 Property Number: 31199010005 Status: Excess Landholding Agency: GSA Status: Unutilized GSA Number: 7–G–MO–0673 Property Number: 54201010007 Directions: Ohio River Locks and Dam No. 53 Comments: 47,867 sq. ft., possible asbestos/ Status: Excess at Grand Chain lead paint, needs maintenance & seismic GSA Number: 1–D–OH–833 Comments: 900 sq. ft.; one floor wood frame upgrades, 30% occupied—tenants to Comments: office bldg./mess hall/barracks/ relocate within 2 yrs Bldg. 2 simulator bldg./small support bldgs., Ohio River Locks No. 53 Montana structures range from good to needing Grand Chain Co: Pulaski IL 62941–9801 VA MT Healthcare major rehab Landholding Agency: COE 210 S. Winchester Bldg. 116 Property Number: 31199010006 Miles City Co: Custer MT 59301 VA Medical Center Status: Unutilized Landholding Agency: VA Dayton Co: Montgomery OH 45428 Directions: Ohio River Locks and Dam No. 53 Property Number: 97200030001 Landholding Agency: VA at Grand Chain Status: Underutilized Property Number: 97199920002 Comments: 900 sq. ft.; one floor wood frame; Comments: 18 buildings, total sq. ft. = Status: Unutilized most recent use—residence 123,851, presence of asbestos, most recent Comments: 3 floors, potential utilities, needs Bldg. 1 use—clinic/office/food production major rehab, presence of asbestos/lead paint, historic property Ohio River Locks No. 53 New Hampshire Grand Chain Co: Pulaski IL 62941–9801 Oregon Landholding Agency: COE Federal Building 719 Main St. 3 Bldgs/Land Property Number: 31199010007 OTHR–B Radar Status: Unutilized Parcel ID: 424–124–78 Laconia NH 03246 Cty Rd 514 Directions: Ohio River Locks and Dam No. 53 Christmas Valley OR 97641 at Grand Chain Landholding Agency: GSA Property Number: 54200920006 Landholding Agency: GSA Comments: 900 sq. ft.; one floor wood frame; Property Number: 54200840003 most recent use—residence Status: Excess GSA Number: 1–G–NH–0503 Status: Excess Iowa Comments: 31,271 sq. ft., most recent use— GSA Number: 9–D–OR–0768 U.S. Army Reserve office bldg., National Register nomination Comments: 14000 sq. ft. each/2626 acres, 620 West 5th St. pending most recent use—radar site, right-of-way Garner IA 50438 U.S. Customs House New Jersey Landholding Agency: GSA 220 NW 8th Ave. Property Number: 54200920017 Camp Pedricktown Sup. Facility Portland OR Status: Excess U.S. Route 130 Landholding Agency: GSA GSA Number: 7–D–IA–0510 Pedricktown NJ 08067 Property Number: 54200840004 Comments: 5743 sq. ft., presence of lead Landholding Agency: GSA Status: Excess paint, most recent use—offices/classrooms/ Property Number: 54200740005 GSA Number: 9–D–OR–0733 storage, subject to existing easements Status: Excess Comments: 100,698 sq. ft., historical GSA Number: 1–D–NJ–0662 Maine property/National Register, most recent Comments: 21 bldgs., need rehab, most use—office, needs to be brought up to meet Border Patrol Station recent use—barracks/mess hall/garages/ earthquake code and local bldg codes, Rt 1A quarters/admin., may be issues w/right of presence of asbestos/lead paint Van Buren ME 46278 entry, utilities privately controlled, Pennsylvania Landholding Agency: GSA contaminants Property Number: 54200930015 Tract 403A Ohio Status: Excess Grays Landing Lock Project GSA Number: 1–X–ME–0689 Bldg.—Berlin Lake Greensboro Co: Greene PA 15338 Comments: bldg.—approx. 1717 sq. ft., 7400 Bedell Road Landholding Agency: COE attached trailer—approx. 460 sq. ft. Berlin Center Co: Mahoning OH 44401–9797 Property Number: 31199430021 Maryland Landholding Agency: COE Status: Unutilized Property Number: 31199640001 Comments: 620 sq. ft., 2-story, needs repair, Federal Office Building Status: Unutilized most recent use—residential, if used for 7550 Wisconsin Ave. Comments: 1420 sq. ft., 2-story brick w/ habitation must be flood proofed or Bethesda MD 20814 garage and basement, most recent use— removed off-site Landholding Agency: GSA residential, secured w/alternate access Property Number: 54200920007 Tract 403B NIKE Site Cd–46 Grays Landing Lock Project Status: Surplus Felicity OH GSA Number: GMR–1101–1 Greensboro Co: Greene PA 15338 Landholding Agency: GSA Landholding Agency: COE Comments: 100,000 sq. ft., 10-story, requires Property Number: 31200740015 major renovation, limited parking Property Number: 31199430022 Status: Excess Status: Unutilized Michigan GSA Number: 1–D–OH–0832 Comments: 1600 sq. ft., 2-story, brick Social Security Bldg. Comments: 8 bldgs., most recent use—Ohio structure, needs repair, most recent use— 929 Stevens Road Air Natl Guard site residential, if used for habitation must be Flint MI 48503 PFC Joe R. Hastings flood proofed or removed off-site

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Tract 403C Comments: 133,730 sq. ft., needs rehab, Knoxville Co: Marion IA 50138 Grays Landing Lock Project presence of asbestos/lead paint, most Landholding Agency: VA Greensboro Co: Greene PA 15338 recent use—storage Property Number: 97199740001 Landholding Agency: COE Status: Unutilized Land Property Number: 31199430023 Comments: golf course Status: Unutilized Arizona Kansas Comments: 672 sq. ft., 2-story carriage house/ Parking Lot Sunflower Hill Club & Cottage Sites stable barn type structure, needs repair, 322 n 2nd Ave. Hwy17/Hwy400 most recent use—storage/garage, if used for Phoenix AZ 85003 Fall River KS 67047 habitation must be flood proofed or Landholding Agency: GSA Landholding Agency: GSA removed Property Number: 54200740007 Property Number: 54201010002 Tennessee Status: Surplus Status: Excess GSA Number: AZ–6293–1 NOAA Admin. Bldg. GSA Number: 7–D–KS–0513 Comments: approx. 21,000 sq. ft., parcel in Comments: approx. 126 acres, right-of-way 456 S. Illinois Ave. OU3 study area for clean-up Oak Ridge TN 38730 access for roads and power lines Landholding Agency: GSA Salt River Project Massachusetts Property Number: 54200920015 Pecos/Alma School Road #USBR–08–020 FAA Site Status: Excess Massasoit Bridge Rd. GSA Number: 4–B–TN–0664–AA Chander AZ 85225 Landholding Agency: GSA Nantucket MA 02554 Comments: 15,955 sq. ft., most recent use— Landholding Agency: GSA office/storage/lab Property Number: 54200920001 Status: Surplus Property Number: 54200830026 Texas GSA Number: 9–I–AZ–0850 Status: Surplus Bldgs. 5, 6, 7 Comments: approx. 34,183 sq. ft., ranges from GSA Number: MA–0895 Federal Center 10–20 ft. wide, very long and narrow Comments: approx 92 acres, entire parcel within MA Division of Fisheries & Wildlife 501 West Felix Street 0.23 acres Natural Heritage & Endangered Species Ft. Worth Co: Tarrant TX 76115 87th Ave. Program Landholding Agency: GSA Glendale AZ Property Number: 54200640002 Landholding Agency: GSA FAA Locator Antenna LOM Status: Excess Property Number: 54201010005 Coleman Road GSA Number: 7–G–TX–0767–3 Status: Excess Southhampton MA 01073 Comments: 3 warehouses with concrete GSA Number: 9–I–AZ–853 Landholding Agency: GSA foundation, off-site use only Comments: 0.23 acres used for irrigation Property Number: 54200920005 Washington canal Status: Excess GSA Number: MA–0913–AA Guadalupe Road Land Residence Comments: 1.41 acres Turnbull Natl Wildlife Refuge Ironwood Road 26010 South Smith Road Apache Junction AZ 95971 Michigan Cheney WA 99004 Landholding Agency: GSA Former Elf Comm. Facility Landholding Agency: GSA Property Number: 54201010012 3041 County Road Property Number: 54201010010 Status: Surplus Republic MI 49879 Status: Excess GSA Number: 9–AZ–851–1 Landholding Agency: GSA GSA Number: 9–I–WA–1249–AA Comments: 1.36 acres, most recent use— Property Number: 54200840012 Comments: 1600 sq. ft., off-site use only, all aqueduct reach Status: Excess costs associated with the move are buyer’s Houston Road Land GSA Number: 1–N–MI–0827 responsibility Ironwood Road Comments: 6.69 acres w/transmiter bldg, West Virginia Apache Junction AZ 85278 support bldg., gatehouse, endangered Landholding Agency: GSA species Naval Reserve Center Property Number: 54201010013 VA Medical Center 841 Jackson Ave. Status: Surplus 5500 Armstrong Road Huntington WV 25704 GSA Number: 9–AZ–854 Battle Creek Co: Calhoun MI 49016 Landholding Agency: GSA Comments: 5.89 acres, most recent use— Landholding Agency: VA Property Number: 54200930014 aqueduct reach Property Number: 97199010015 Status: Excess Land Status: Underutilized GSA Number: 4–N–WV–0555 95th Ave/Bethany Home Rd Comments: 20 acres, used as exercise trails Comments: 31,215 sq. ft., presence of Glendale AZ 85306 and storage areas, potential utilities asbestos/lead paint, most recent use— Landholding Agency: GSA office Missouri Property Number: 54201010014 Wisconsin Status: Surplus Tract LLWAS K3 Mexico City Ave. Bldg. 8 GSA Number: 9–AZ–852 Kansas City MO 64153 VA Medical Center Comments: 0.29 acre, most recent use— Landholding Agency: GSA County Highway E irrigation canal Property Number: 54200940004 Tomah Co: Monroe WI 54660 California Status: Surplus Landholding Agency: VA Quincy Scaling Station GSA Number: 7–U–MO–0687AA Property Number: 97199010056 1495 E. Main St. Comments: 0.034 w/easements Status: Underutilized Quincy CA 95971 Comments: 2200 sq. ft., 2 story wood frame, Ohio Landholding Agency: GSA possible asbestos, potential utilities, Property Number: 54200930004 Former Outer Marker Facility structural deficiencies, needs rehab Status: Surplus Cleves Warsaw/Muddy Creek Bldg. 2 GSA Number: 9–A–CA–1679–1 Cincinnati OH 45233 VA Medical Center Comments: 0.98 acre Landholding Agency: GSA 5000 West National Ave. Property Number: 54201010008 Milwaukee WI 53295 Iowa Status: Excess Landholding Agency: VA 38 acres GSA Number: 1–U–OH–0841 Property Number: 97199830002 VA Medical Center Comments: 0.319 acres, river valley terrain/ Status: Underutilized 1515 West Pleasant St. relatively steep hills

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Pennsylvania Landholding Agency: COE Status: Underutilized East Branch Clarion River Lake Property Number: 31199440010 Reasons: Secured Area Wilcox Co: Elk PA Status: Unutilized Bldg. 7 Landholding Agency: COE Directions: Located on Two Mile Creek adj. VA Medical Center Property Number: 31199011012 to State Route 369 Tuskegee Co: Macon AL 36083 Status: Underutilized Comments: 0.25 acres, endangered plant Landholding Agency: VA Directions: Free camping area on the right species Property Number: 97199730001 bank off entrance roadway Lake Sidney Lanier-3 parcels Status: Underutilized Comments: 1 acre; most recent use—free Gainesville Co: Hall GA 30503 Reasons: Secured Area campground Landholding Agency: COE Bldg. 8 Dashields Locks and Dam Property Number: 31199440011 VA Medical Center (Glenwillard, PA) Status: Unutilized Tuskegee Co: Macon AL 36083 Crescent Twp. Co: Allegheny PA 15046–0475 Directions: Between Gainesville H.S. and Landholding Agency: VA Landholding Agency: COE State Route 53 By-Pass Property Number: 97199730002 Property Number: 31199210009 Comments: 3 parcels totalling 5.17 acres, Status: Underutilized Status: Unutilized most recent use—buffer zone, endangered Reasons: Secured Area plant species Comments: 0.58 acres, most recent use— Alaska Massachusetts baseball field Transmitter Bldg. B4A approx. 16.88 Buffumville Dam Loran Station 271 Sterrettania Rd. Flood Control Project St. Paul AK 99660 Erie PA 16506 Gale Road Landholding Agency: Coast Guard Landholding Agency: GSA Carlton Co: Worcester MA 01540–0155 Property Number: 88200920001 Property Number: 54200820011 Landholding Agency: COE Status: Excess Status: Surplus Property Number: 31199010016 Reasons: Contamination GSA Number: 4–D–PA–0810 Status: Excess Arkansas Comments: vacant land Directions: Portion of tracts B–200, B–248, B– VA Medical Center 251, B–204, B–247, B–200 and B–256 Dwelling New Castle Road Comments: 1.45 acres Bull Shoals Lake/Dry Run Road Oakland Co: Marion AR 72661 Butler Co: Butler PA 16001 Tennessee Landholding Agency: COE Landholding Agency: VA Tract D–456 Property Number: 31199820001 Property Number: 97199010016 Cheatham Lock and Dam Status: Unutilized Status: Underutilized Ashland Co: Cheatham TN 37015 Reasons: Extensive deterioration Comments: Approx. 9.29 acres, used for Landholding Agency: COE Helena Casting Plant patient recreation, potential utilities Property Number: 31199010942 Helena Co: Phillips AR 72342 Land No. 645 Status: Excess Landholding Agency: COE VA Medical Center Directions: Right downstream bank of Property Number: 31200220001 Highland Drive Sycamore Creek Status: Unutilized Pittsburgh Co: Allegheny PA 15206 Comments: 8.93 acres; subject to existing Reasons: Extensive deterioration Landholding Agency: VA easements BSHOAL–43560 Property Number: 97199010080 Texas Status: Unutilized Mountain Home Project Directions: Between Campania and Wiltsie Corpus Christi Ship Channel Mountain Home AR 72653 Streets Corpus Christi Co: Neuces TX Landholding Agency: COE Comments: 90.3 acres, heavily wooded, Landholding Agency: COE Property Number: 31200630001 property includes dump area and Property Number: 31199240001 Status: Unutilized numerous site storm drain outfalls Status: Unutilized Reasons: Extensive deterioration Directions: East side of Carbon Plant Road, Land—34.16 acres BSHOAL–43561 approx. 14 miles NW of downtown Corpus Mountain Home Project VA Medical Center Christi 1400 Black Horse Hill Road Mountain Home AR 72653 Comments: 4.4 acres, most recent use—farm Landholding Agency: COE Coatesville Co: Chester PA 19320 land Landholding Agency: VA Property Number: 31200630002 Property Number: 97199340001 Unsuitable Properties Status: Unutilized Reasons: Extensive deterioration Status: Underutilized Building Comments: 34.16 acres, open field, most BSHOAL–43652 recent use—recreation/buffer Alabama Mountain Home Project Texas Comfort Station Mountain Home AR 72653 Clailborne Lake Landholding Agency: COE Cottonwood Bay Camden AL 36726 Property Number: 31200630003 14th St/Skyline Rd. Landholding Agency: COE Status: Unutilized Grand Prairie TX Property Number: 31200540001 Reasons: Extensive deterioration Landholding Agency: GSA Status: Unutilized NRFORK–48769 Property Number: 54201010004 Reasons: Extensive deterioration Mountain Home Project Status: Surplus Pumphouse Mountain Home AR 72653 GSA Number: 7–N–TX–846 Dannelly Reservoir Landholding Agency: COE Comments: 110 acres includes a 79 acre Camden AL 36726 Property Number: 31200630004 water body, primary storm water discharge Landholding Agency: COE Status: Unutilized basin. remediation responsibilities, subject Property Number: 31200540002 Reasons: Extensive deterioration to all institutional controls Status: Unutilized Bldgs. 43336, 44910, 44949 Suitable/To be Excessed Reasons: Extensive deterioration Nimrod-Blue Mountain Project Land 15 Bldgs. Plainview AR 72858 Dauphin Island Landholding Agency: COE Georgia Mobile AL Property Number: 31200630005 Lake Sidney Lanier Landholding Agency: Coast Guard Status: Unutilized null Co: Forsyth GA 30130 Property Number: 88200930002 Reasons: Extensive deterioration

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Bldgs. 44913, 44925 Livermore National Lab Status: Excess Nimrod-Blue Mountain Project Livermore CA Reasons: Within 2000 ft. of flammable or Plainview AR 72857 Landholding Agency: Energy explosive material, Secured Area Landholding Agency: COE Property Number: 41200630004 Bldgs. 2687, 3777 Property Number: 31200630006 Status: Excess Lawrence Livermore Natl Lab Status: Unutilized Reasons: Secured Area, Within 2000 ft. of Livermore CA Reasons: Extensive deterioration flammable or explosive material Landholding Agency: Energy Well House Bldg. 363 Property Number: 41200720011 Mountain Home Project National Laboratory Status: Excess Mountain Home AR 72653 Livermore CA Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Landholding Agency: Energy explosive material, Secured Area Property Number: 31200820001 Property Number: 41200710001 Bldgs. 263, 419 Status: Unutilized Status: Excess Lawrence Livermore Natl Lab Reasons: Secured Area Reasons: Secured Area Livermore CA Property 44333, 64120, 44653 Bldgs. 436, 446 Landholding Agency: Energy Little Rock District National Laboratory Property Number: 41200720012 DeQueen AR 71832 Livermore CA Status: Excess Landholding Agency: COE Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Property Number: 31201020009 Property Number: 41200710002 explosive material, Secured Area Status: Excess Status: Excess Bldgs. 1401, 1402, 1404 Reasons: Extensive deterioration Reasons: Secured Area Lawrence Livermore Natl Lab Radio Tower Property Bldg. 3520 Livermore CA DeQueen Lake National Laboratory Landholding Agency: Energy DeQueen AR 71832 Livermore CA Property Number: 41200720013 Landholding Agency: COE Landholding Agency: Energy Status: Excess Property Number: 31201030002 Property Number: 41200710003 Reasons: Secured Area, Within 2000 ft. of Status: Unutilized Status: Excess flammable or explosive material Reasons: Extensive deterioration Reasons: Within 2000 ft. of flammable or Bldgs. 1405, 1406, 1407 California explosive material, Secured Area Lawrence Livermore Natl Lab Livermore CA Soil Testing Lab Bldgs. 4182, 4184, 4187 National Laboratory Landholding Agency: Energy Sausalito CA 00000 Property Number: 41200720014 Livermore CA Landholding Agency: COE Status: Excess Landholding Agency: Energy Property Number: 31199920002 Reasons: Within 2000 ft. of flammable or Property Number: 41200710004 Status: Excess explosive material, Secured Area Reasons: Other—contamination Status: Excess Reasons: Within 2000 ft. of flammable or Bldgs. 1408, 1413, 1456 Bldg. S 00108 explosive material, Secured Area Lawrence Livermore Natl Lab Sharpe Livermore CA Lathrop CA 95231 Bldg. 5974 Landholding Agency: Energy Landholding Agency: COE National Laboratory Property Number: 41200720015 Property Number: 31200820002 Livermore CA Status: Excess Status: Underutilized Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Reasons: Secured Area Property Number: 41200710005 explosive material, Secured Area Bldgs. MO3, MO14, MO17 Status: Excess Reasons: Within 2000 ft. of flammable or Bldg. 2684 Sandia National Lab Lawrence Livermore Natl Lab explosive material, Secured Area Livermore Co: Alameda CA 94550 Livermore CA Landholding Agency: Energy Bldgs. 194A, 198 Landholding Agency: Energy Property Number: 41200220001 Lawrence Livermore Natl Lab Property Number: 41200720016 Status: Excess Livermore CA Status: Excess Reasons: Extensive deterioration Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Bldgs. C920, C921, C922 Property Number: 41200720007 explosive material Secured Area Status: Excess Sandia Natl Laboratories Bldg. CM46A Reasons: Within 2000 ft. of flammable or Livermore Co: Alameda CA 94551 Sandia Natl Lab explosive material, Secured Area Landholding Agency: Energy Livermore CA 94551 Property Number: 41200540001 Bldgs. 213, 280 Landholding Agency: Energy Status: Unutilized Lawrence Livermore Natl Lab Property Number: 41200730005 Reasons: Secured Area, Extensive Livermore CA Status: Excess deterioration Landholding Agency: Energy Reasons: Secured Area Bldg. 175 Property Number: 41200720008 Bldgs. 445, 534 Livermore National Lab Status: Excess Lawrence Livermore Natl Lab Livermore CA Reasons: Within 2000 ft. of flammable or Livermore CA Landholding Agency: Energy explosive material, Secured Area Landholding Agency: Energy Property Number: 41200630001 Bldgs. 312, 345 Property Number: 41200740001 Status: Excess Lawrence Livermore Natl Lab Status: Excess Reasons: Secured Area, Within 2000 ft. of Livermore CA Reasons: Secured Area, Within 2000 ft. of flammable or explosive material Landholding Agency: Energy flammable or explosive material Trailer 1403 Property Number: 41200720009 4 Bldgs. Livermore National Lab Status: Excess Lawrence Livermore Natl Lab Livermore CA Reasons: Within 2000 ft. of flammable or 802A, 811, 830, 854A Landholding Agency: Energy explosive material, Secured Area Livermore CA Property Number: 41200630003 Bldgs. 2177, 2178 Landholding Agency: Energy Status: Excess Lawrence Livermore Natl Lab Property Number: 41200740002 Reasons: Secured Area, Within 2000 ft. of Livermore CA Status: Excess flammable or explosive material Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Trailer 3703 Property Number: 41200720010 explosive material Secured Area

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Bldgs. 8806, 8710, 8711 Lawrence Livermore Reasons: Secured Area, Within 2000 ft. of Lawrence Livermore Natl Lab National Lab flammable or explosive material Livermore CA Livermore CA 6 Bldgs. Landholding Agency: Energy Landholding Agency: Energy Lawrence Livermore Natl Lab Property Number: 41200740003 Property Number: 41200740013 Livermore CA Status: Excess Status: Excess Landholding Agency: Energy Reasons: Secured Area, Within 2000 ft. of Reasons: Secured Area Property Number: 41200920005 flammable or explosive material 10 Bldgs. Status: Excess Bldgs. 1492, 1526, 1579 Lawrence Livermore Natl Lab Directions: 1541, 1878, 2727, 3180, 4107, Lawrence Livermore Livermore CA 5477 National Lab Landholding Agency: Energy Reasons: Secured Area Livermore CA Property Number: 41200830002 Bldg. 004J Landholding Agency: Energy Status: Excess Lawrence Livermore Natl Lab Property Number: 41200740005 Directions: 2127, 4302, 4377, 4378, 4383, Livermore CA Status: Excess 5225, 5976, 5979, 5980, 6203 Landholding Agency: Energy Reasons: Secured Area Reasons: Secured Area, Within 2000 ft. of Property Number: 41200930003 Bldgs. 1601, 1632 flammable or explosive material Status: Excess Lawrence Livermore 5 Bldgs. Reasons: Secured Area National Lab Lawrence Livermore Natl Lab Bldg. 050D Livermore CA 1481, 1527, 1884, 1885, 1927 Lawrence Berkeley Natl Lab Landholding Agency: Energy Livermore CA Berkeley CA 94720 Property Number: 41200740006 Landholding Agency: Energy Landholding Agency: Energy Status: Excess Property Number: 41200840001 Property Number: 41201020002 Reasons: Secured Area Status: Excess Status: Excess Bldgs. 2552, 2685, 2728 Reasons: Extensive deterioration Reasons: Secured Area, Extensive Lawrence Livermore Bldgs. 3577, 3982, 4128 deterioration National Lab Lawrence Livermore Natl Lab Bldg. 1578 Livermore CA Livermore CA Lawrence Livermore Lab Landholding Agency: Energy Landholding Agency: Energy Livermore CA Property Number: 41200740007 Property Number: 41200840002 Landholding Agency: Energy Status: Excess Status: Excess Property Number: 41201020003 Reasons: Secured Area Reasons: Secured Area Status: Excess Reasons: Secured Area Bldgs. 2801, 2802 Bldgs. 328, 367, 376 Lawrence Livermore Lawrence Livermore Natl Lab 11 Bldgs. National Lab Livermore CA Lawrence Berkeley Nat’l Lab Livermore CA Landholding Agency: Energy Berkeley Co: Alameda CA 94720 Landholding Agency: Energy Property Number: 41200840008 Landholding Agency: Energy Property Number: 41200740008 Status: Excess Property Number: 41201020008 Status: Excess Reasons: Within 2000 ft. of flammable or Status: Excess Reasons: Secured Area explosive material Secured Area Directions: Bldg. Nos. 25, 25A, 25B, 44, 44A, 44B, 46C, 46D, 52,52A, and 75A Bldgs. 3175, 3751, 3775 Bldg. 5125 Reasons: Secured Area Lawrence Livermore Lawrence Livermore Natl Lab National Lab Livermore CA Bldg. 210 Livermore CA Landholding Agency: Energy Coast Guard Training Center Landholding Agency: Energy Property Number: 41200840009 Petaluma CA 94952 Property Number: 41200740009 Status: Excess Landholding Agency: Coast Guard Status: Excess Reasons: Secured Area, Within 2000 ft. of Property Number: 88201020002 Reasons: Secured Area flammable or explosive material Status: Unutilized 4 Bldgs. Reasons: Secured Area, Extensive 6 Bldgs. deterioration Lawrence Livermore Lawrence Livermore Natl Lab National Lab Livermore CA Bldg. 220 Livermore CA Landholding Agency: Energy Coast Guard Training Center Petaluma CA 95452 Landholding Agency: Energy Property Number: 41200840010 Landholding Agency: Coast Guard Property Number: 41200740010 Status: Excess Property Number: 88201020003 Status: Excess Directions: 1407, 1408, 1413, 1492, 1526, Status: Unutilized Directions: 4161, 4316, 4384, 4388 1579 Reasons: Secured Area Reasons: Secured Area Reasons: Secured Area, Within 2000 ft. of Bldgs. 4406, 4475 flammable or explosive material Connecticut Lawrence Livermore 6 Bldgs. Hezekiah S. Ramsdell Farm National Lab Lawrence Livermore Natl Lab West Thompson Lake Livermore CA Livermore CA North Grosvenordale Co: Windham CT Landholding Agency: Energy Landholding Agency: Energy 06255–9801 Property Number: 41200740011 Property Number: 41200840011 Landholding Agency: COE Status: Excess Status: Excess Property Number: 31199740001 Reasons: Secured Area Directions: 3775, 4161, 4316, 4388, 4905, Status: Unutilized Bldgs. 4905, 4906, 4926 4906 Reasons: Extensive deterioration, Floodway Lawrence Livermore Reasons: Secured Area, Within 2000 ft. of Bldgs. 25 and 26 National Lab flammable or explosive material Prospect Hill Road Livermore CA Bldgs. 8710, 8711, 8806 Windsor Co: Hartford CT 06095 Landholding Agency: Energy Lawrence Livermore Natl Lab Landholding Agency: Energy Property Number: 41200740012 Livermore CA Property Number: 41199440003 Status: Excess Landholding Agency: Energy Status: Excess Reasons: Secured Area Property Number: 41200840012 Reasons: Secured Area Bldg. 5425 Status: Excess 9 Bldgs.

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Knolls Atomic Power Lab, Windsor Site Reasons: Secured Area 4 Stables Windsor Co: Hartford CT 06095 Bldg. W03 Di-Lane Plantation Landholding Agency: Energy West Point Lake Elberton GA 30635 Property Number: 41199540004 West Point GA 31833 Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200820006 Reasons: Secured Area Property Number: 31200430007 Status: Unutilized Bldg. 8, Windsor Site Status: Unutilized Reasons: Extensive deterioration Knolls Atomic Power Lab Reasons: Extensive deterioration, Secured 9 Comfort Stations Windsor Co: Hartford CT 06095 Area, Within 2000 ft. of flammable or Hartwell Lake & Dam Landholding Agency: Energy explosive material Hartwell GA 30643 Property Number: 41199830006 Gatehouse #W03 Landholding Agency: COE Status: Unutilized West Point Lake Property Number: 31200920001 Reasons: Extensive deterioration West Point GA 31833–9517 Status: Unutilized Boathouse Landholding Agency: COE Directions: HAR 16099, 16100, 16102, 16555, USCG Academy Property Number: 31200510001 16920, 16838, 18482, 18483 New London CT 06320 Status: Unutilized Reasons: Extensive deterioration Landholding Agency: Coast Guard Reasons: Extensive deterioration RBR–19069 Property Number: 88200930001 WRSH14, WRSH15, WRSH18 Richard B. Russell Lake Status: Unutilized West Point Lake Elberton GA 30635 Reasons: Extensive deterioration, Secured West Point GA 31833–9517 Landholding Agency: COE Area Landholding Agency: COE Property Number: 31200920002 Status: Unutilized Florida Property Number: 31200510002 Status: Unutilized Reasons: Extensive deterioration Bldg. SF–17 Reasons: Extensive deterioration 5 Comfort Stations Sub-Office Operations Hartwell Lake & Dam Clewiston Co: Hendry FL 33440 Pumphouse Carters Lake Hartwell GA 30643 Landholding Agency: COE Landholding Agency: COE Property Number: 31200430005 Oakman GA 30732 Landholding Agency: COE Property Number: 31200920027 Status: Unutilized Status: Unutilized Reasons: Extensive deterioration, Secured Property Number: 31200520002 Status: Unutilized Directions: HAR–16113, 18157, 18172, Area Reasons: Extensive deterioration 18357, 18524 Bldg. SF–33 Reasons: Extensive deterioration Vault Toilet Franklin Lock Lake Sidney Lanier Well House #3 Alva Co: Lee FL 33920 Buford GA 30518 JST–15732 Landholding Agency: COE Landholding Agency: COE McCormick GA Property Number: 31200620008 Property Number: 31200540003 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31200920028 Reasons: Extensive deterioration Reasons: Extensive deterioration Status: Unutilized Bldg. 25 Reasons: Extensive deterioration Bldg. WC–19 (f) Richmond Naval Air Station Walter F. George Lake Bldgs. LC–05, LC–06, LC–07 15810 SW 129th Ave. Fort Gaines GA 39851 West Point Lake Miami Co: Dade FL 33177 Landholding Agency: COE West Point GA 31833 Landholding Agency: COE Property Number: 31200630007 Landholding Agency: COE Property Number: 31200620031 Status: Unutilized Property Number: 31201010001 Status: Excess Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Radio Room Bldg. SF–14 Walter F. George Lake 12 Bldgs. S. Florida Operations Ofc. Reservation Ft. Gaines GA 39851 West Point Lake Clewiston Co: Hendry FL 33440 Landholding Agency: COE West Point GA 31833 Landholding Agency: COE Property Number: 31200640004 Landholding Agency: COE Property Number: 31200710001 Status: Unutilized Property Number: 31201020002 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Reasons: Secured Area Directions: WLC06, LC05, LC06, LC07, RP07, Bldg. JST–16711 WEC04, WEC05, WYJ03, WH17, WR01, Bldg. L–10 Hesters Ferry Campground Jim Woodruff Reservoir WGB04, RP09 Lincoln GA Reasons: Extensive deterioration Chattachoochee FL 32324 Landholding Agency: COE Landholding Agency: COE Property Number: 31200710002 HAR–16465, 16179 Property Number: 31200820003 Status: Unutilized Hartwell Lake & Dam Hartwell GA 30643 Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE 4 Bldgs. Property Number: 31201020010 Bldg. SF–78 West Point Lake Lock & Dam Status: Unutilized WH16, WH18, WR02, WA03 Reasons: Extensive deterioration Moore Haven FL West Point GA 31833 RBR–16227, RBR–18650 Landholding Agency: COE Landholding Agency: COE Richard B. Russell Lake & Dam Property Number: 31200920026 Property Number: 31200820004 Elberton GA 30635 Status: Unutilized Status: Unutilized Landholding Agency: COE Reasons: Extensive deterioration Reasons: Extensive deterioration Georgia Property Number: 31201020011 Pumphouse Status: Unutilized Bldg. #WRSH18 Carters Lake Reasons: Extensive deterioration West Point Lake Oakman GA 30732 West Point GA 31833 Landholding Agency: COE Idaho Landholding Agency: COE Property Number: 31200820005 Bldg. AFD0070 Property Number: 31200430006 Status: Unutilized Albeni Falls Dam Status: Unutilized Reasons: Extensive deterioration Oldtown Co: Bonner ID 83822

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Landholding Agency: COE Bldg. CPP1677 Scoville Co: Butte ID 83415 Property Number: 31199910001 Idaho Natl Eng Lab Landholding Agency: Energy Status: Unutilized Scoville Co: Butte ID 83415 Property Number: 41200430078 Reasons: Extensive deterioration Landholding Agency: Energy Status: Excess Bldg. CPP–691 Property Number: 41200410023 Directions: CPP1713, CPP1749, CPP1750, Idaho National Engineering Laboratory Status: Excess CPP1767, CPP1769 Scoville Co: Butte ID 83415 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy Bldg. 694 5 Bldgs. Property Number: 41199610003 Idaho Natl Eng Lab Idaho National Eng Lab Status: Unutilized Scoville Co: Butte ID 83415 Scoville Co: Butte ID 83415 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. TRA–669 Property Number: 41200410034 Property Number: 41200430079 Idaho National Engineering Laboratory Status: Excess Status: Excess Scoville Co: Butte ID 83415 Reasons: Secured Area Directions: CPP1770, CPP1771, CPP1772, Landholding Agency: Energy Bldgs. CPP1604–CPP1608 CPP1774, CPP1776 Property Number: 41199610013 Idaho National Eng Lab Reasons: Secured Area Status: Unutilized Scoville Co: Butte ID 83415 4 Bldgs. Reasons: Secured Area Landholding Agency: Energy Idaho National Eng Lab Bldg. TRA–673 Property Number: 41200430071 Scoville Co: Butte ID 83415 Idaho National Engineering Laboratory Status: Excess Landholding Agency: Energy Scoville Co: Butte ID 83415 Reasons: Secured Area Property Number: 41200430081 Landholding Agency: Energy Bldgs. CPP1617–CPP1619 Status: Excess Property Number: 41199610018 Idaho National Eng Lab Directions: CPP1789, CPP1790, CPP1792, Status: Unutilized Scoville Co: Butte ID 83415 CPP1794 Reasons: Secured Area Landholding Agency: Energy Reasons: Secured Area Bldg. PBF–620 Property Number: 41200430072 Bldgs. CPP2701, CPP2706 Idaho National Engineering Laboratory Status: Excess Idaho National Eng Lab Scoville Co: Butte ID 83415 Reasons: Secured Area Scoville Co: Butte ID 83415 Landholding Agency: Energy 6 Bldgs. Landholding Agency: Energy Property Number: 41199610019 Idaho National Eng Lab Property Number: 41200430082 Status: Unutilized Scoville Co: Butte ID 83415 Status: Excess Reasons: Secured Area Landholding Agency: Energy Reasons: Secured Area Bldg. PBF–619 Property Number: 41200430073 3 Bldgs. Idaho National Engineering Laboratory Status: Excess Idaho National Eng Lab Scoville Co: Butte ID 83415 Directions: CPP1631, CPP1634, CPP1635, Scoville Co: Butte ID 83415 Landholding Agency: Energy CPP1636, CPP1637, CPP1638 Landholding Agency: Energy Property Number: 41199610022 Reasons: Secured Area Property Number: 41200430089 Status: Unutilized 5 Bldgs. Status: Excess Reasons: Secured Area Idaho National Eng Lab Directions: TRA603, TRA604, TRA610 Bldg. TRA–641 Scoville Co: Butte ID 83415 Reasons: Secured Area Idaho National Engineering Laboratory Landholding Agency: Energy Bldg. TAN611 Scoville Co: Butte ID 83415 Property Number: 41200430074 Idaho National Eng Lab Landholding Agency: Energy Status: Excess Scoville Co: Butte ID 83415 Property Number: 41199610034 Directions: CPP1642, CPP1643, CPP1644, Landholding Agency: Energy Status: Unutilized CPP1646, CPP1649 Property Number: 41200430090 Reasons: Secured Area Reasons: Secured Area Status: Excess Bldg. CF–606 3 Bldgs. Reasons: Secured Area Idaho National Engineering Laboratory Idaho National Eng Lab 5 Bldgs. Scoville Co: Butte ID 83415 Scoville Co: Butte ID 83415 Idaho National Eng Lab Landholding Agency: Energy Landholding Agency: Energy Scoville Co: Butte ID 83415 Property Number: 41199610037 Property Number: 41200430075 Landholding Agency: Energy Status: Unutilized Status: Excess Property Number: 41200430091 Reasons: Secured Area Directions: CPP1650, CPP1651, CPP1656 Status: Excess Bldgs. CPP638, CPP642 Reasons: Secured Area Directions: TRA626, TRA635, TRA642, Idaho Natl Eng Lab 5 Bldgs. TRA648, TRA654 Scoville Co: Butte ID 83415 Idaho National Eng Lab Reasons: Secured Area Landholding Agency: Energy Scoville Co: Butte ID 83415 Bldg. TAN655 Property Number: 41200410014 Landholding Agency: Energy Idaho National Eng Lab Status: Excess Property Number: 41200430076 Scoville Co: Butte ID 83415 Reasons: Secured Area Status: Excess Landholding Agency: Energy Bldg. CPP 743 Directions: CPP1662, CPP1663, CPP1671, Property Number: 41200430092 Idaho Natl Eng lab CPP1673, CPP1674 Status: Excess Scoville Co: Butte ID 83–415 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy 5 Bldgs. 3 Bldgs. Property Number: 41200410020 Idaho National Eng Lab Idaho National Eng Lab Status: Excess Scoville Co: Butte ID 83415 Scoville Co: Butte ID 83415 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. CPP1647, 1653 Property Number: 41200430077 Property Number: 41200430093 Idaho Natl Eng Lab Status: Excess Status: Excess Scoville Co: Butte ID 83415 Directions: CPP1678, CPP1682, CPP1683, Directions: TRA657, TRA661, TRA668 Landholding Agency: Energy CPP1684, CPP1686 Reasons: Secured Area Property Number: 41200410022 Reasons: Secured Area Bldg. TAN711 Status: Excess 5 Bldgs. Idaho National Eng Lab Reasons: Secured Area Idaho National Eng Lab Scoville Co: Butte ID 83415

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Landholding Agency: Energy Reasons: Secured Area Reasons: Secured Area Property Number: 41200430094 3 Bldgs. Bldgs. CPP764, CPP765 Status: Excess Idaho National Eng Lab Idaho National Eng Lab Reasons: Secured Area Scoville Co: Butte ID 83415 Scoville Co: Butte ID 83415 6 Bldgs. Landholding Agency: Energy Landholding Agency: Energy Idaho National Eng Lab Property Number: 41200440006 Property Number: 41200440019 Scoville Co: Butte ID 83415 Status: Excess Status: Excess Landholding Agency: Energy Directions: CPP701, CPP701A, CPP708 Reasons: Secured Area Property Number: 41200430095 Reasons: Secured Area Bldgs. CPP767, CPP768 Status: Excess Bldgs. 711, 719A Idaho National Eng Lab Directions: CPP602–CPP606, CPP609 Idaho National Eng Lab Scoville Co: Butte ID 83415 Reasons: Secured Area Scoville Co: Butte ID 83415 Landholding Agency: Energy 5 Bldgs. Landholding Agency: Energy Property Number: 41200440020 Idaho National Eng Lab Property Number: 41200440007 Status: Excess Scoville Co: Butte ID 83415 Status: Excess Reasons: Secured Area Landholding Agency: Energy Reasons: Secured Area Bldgs. CPP791, CPP795 Property Number: 41200430096 4 Bldgs. Idaho National Eng Lab Status: Excess Idaho National Eng Lab Scoville Co: Butte ID 83415 Directions: CPP611–CPP614, CPP616 Scoville Co: Butte ID 83415 Landholding Agency: Energy Reasons: Secured Area Landholding Agency: Energy Property Number: 41200440021 4 Bldgs. Property Number: 41200440008 Status: Excess Idaho National Eng Lab Status: Excess Reasons: Secured Area Scoville Co: Butte ID 83415 Directions: CPP724–CPP726, CPP728 3 Bldgs. Landholding Agency: Energy Reasons: Secured Area Idaho National Eng Lab Property Number: 41200430097 Bldg. CPP729/741 CPP796, CPP797, CPP799 Status: Excess Idaho National Eng Lab Scoville Co: Butte ID 83415 Directions: CPP621, CPP626, CPP630, Scoville Co: Butte ID 83415 Landholding Agency: Energy CPP639 Landholding Agency: Energy Property Number: 41200440022 Reasons: Secured Area Property Number: 41200440012 Status: Excess 4 Bldgs. Status: Excess Reasons: Secured Area Idaho National Eng Lab Reasons: Secured Area Bldgs. CPP701B, CPP719 Scoville Co: Butte ID 83415 Idaho National Eng Lab Landholding Agency: Energy Bldgs. CPP733, CPP736 Scoville Co: Butte ID 83415 Property Number: 41200430098 Idaho National Eng Lab Status: Excess Scoville Co: Butte ID 83415 Landholding Agency: Energy Directions: CPP641, CPP644, CPP645, Landholding Agency: Energy Property Number: 41200440023 CPP649 Property Number: 41200440013 Status: Excess Reasons: Secured Area Status: Excess Reasons: Secured Area Reasons: Secured Area Bldgs. CPP651–CPP655 Bldgs. CPP720A, CPP720B Idaho National Eng Lab Bldgs. CPP740, CPP742 Idaho National Eng Lab Scoville Co: Butte ID 83415 Idaho National Eng Lab Scoville Co: Butte ID 83415 Landholding Agency: Energy Scoville Co: Butte ID 83415 Landholding Agency: Energy Property Number: 41200430099 Landholding Agency: Energy Property Number: 41200440024 Status: Excess Property Number: 41200440014 Status: Excess Reasons: Secured Area Status: Excess Reasons: Secured Area Reasons: Secured Area Bldgs. CPP659–CPP663 Bldg. CPP1781 Idaho National Eng Lab Bldgs. CPP746, CPP748 Idaho National Eng Lab Scoville Co: Butte ID 83415 Idaho National Eng Lab Scoville Co: Butte ID 83415 Landholding Agency: Energy Scoville Co: Butte ID 83415 Landholding Agency: Energy Property Number: 41200440001 Landholding Agency: Energy Property Number: 41200440025 Status: Excess Property Number: 41200440015 Status: Excess Reasons: Secured Area Status: Excess Reasons: Secured Area Reasons: Secured Area Bldgs. CPP666, CPP668 2 Bldgs. Idaho National Eng Lab 3 Bldgs. Idaho National Eng Lab Scoville Co: Butte ID 83415 Idaho National Eng Lab CPP0000VES–UTI–111, VES–UTI–112 Landholding Agency: Energy CPP750, CPP751, CPP752 Scoville Co: Butte ID 83415 Property Number: 41200440002 Scoville Co: Butte ID 83415 Landholding Agency: Energy Status: Excess Landholding Agency: Energy Property Number: 41200440026 Reasons: Secured Area Property Number: 41200440016 Status: Excess Reasons: Secured Area 1 Bldgs. Status: Excess Idaho National Eng Lab Reasons: Secured Area Bldgs. TAN704, TAN733 Scoville Co: Butte ID 83415 3 Bldgs. Idaho National Eng Lab Landholding Agency: Energy Idaho National Eng Lab Scoville Co: Butte ID 83415 Property Number: 41200440004 CPP753, CPP753A, CPP754 Landholding Agency: Energy Status: Excess Scoville Co: Butte ID 83415 Property Number: 41200440028 Directions: CPP684 Landholding Agency: Energy Status: Excess Reasons: Secured Area Property Number: 41200440017 Reasons: Secured Area 5 Bldgs. Status: Excess Bldgs. TAN1611, TAN1614 Idaho National Eng Lab Reasons: Secured Area Idaho National Eng Lab Scoville Co: Butte ID 83415 Bldgs. CPP760, CPP763 Scoville Co: Butte ID 83415 Landholding Agency: Energy Idaho National Eng Lab Landholding Agency: Energy Property Number: 41200440005 Scoville Co: Butte ID 83415 Property Number: 41200440029 Status: Excess Landholding Agency: Energy Status: Excess Directions: CPP692, CPP694, CPP697– Property Number: 41200440018 Reasons: Secured Area CPP699 Status: Excess Bldg. CF633

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Idaho Natl Laboratory Bldg. CB562–7165 Property Number: 31200920005 Scoville Co: Butte ID 83415 Bo Wood Status: Unutilized Landholding Agency: Energy Shelbyville IL 62565 Reasons: Extensive deterioration Property Number: 41200520005 Landholding Agency: COE 22 Comfort Stations Status: Excess Property Number: 31200620014 Carlyle Lake Project Reasons: Extensive deterioration Status: Excess Carlyle IL 62231 Bldgs. B23–602, B27–601 Reasons: Extensive deterioration Landholding Agency: COE Idaho Natl Laboratory Bldg. CB562–7196 Property Number: 31200920032 Idaho Falls ID 83415 Whitley Creek Status: Unutilized Landholding Agency: Energy Shelbyville IL 62565 Directions: CB561–7908, 7909, 7911, 7926, Property Number: 41200820003 Landholding Agency: COE 7927, 7997, 7998, 7999, 8016, 8035, 8037, Status: Unutilized Property Number: 31200620015 8038, 8039, 8040, 8041, 8042, 8078, 8079, Reasons: Secured Area Status: Excess 8081, 8097, 8106, 8126 Bldgs. CF–635, CF650 Reasons: Extensive deterioration Reasons: Extensive deterioration Idaho Natl Laboratory Bldg. CB562–7197 8 Bldgs. Idaho Falls ID 83415 Whitley Creek Lake Shelbyville Project Landholding Agency: Energy Shelbyville IL 62565 Shelbyville IL 62565 Property Number: 41200820005 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31200620016 Property Number: 31200920033 Reasons: Secured Area Status: Excess Status: Excess Within 2000 ft. of flammable or explosive Reasons: Extensive deterioration Directions: CB562–7062, 7087, 7088, 7089, material Bldg. CB562–7199 7106, 7140, 7166, 9038 Bldgs. CF–662, CF–692 Whitley Creek Reasons: Extensive deterioration Idaho Natl Laboratory Shelbyville IL 62565 23 Bldgs. Idaho Falls ID 83415 Landholding Agency: COE Rend Lake Project Landholding Agency: Energy Property Number: 31200620017 Benton IL 62812 Property Number: 41200820006 Status: Excess Landholding Agency: COE Status: Unutilized Reasons: Extensive deterioration Property Number: 31200920034 Reasons: Secured Area Bldg. CB562–7200 Status: Excess Extensive deterioration Whitley Creek Directions: CB639–7750, 8771, 7757, 7800, Bldg. CF–666 Shelbyville IL 62565 7801, 7811, 7824, 7833, 7834, 7835, 7836, Idaho National Laboratory Landholding Agency: COE 7838, 7842, 7840, 7839, 7841, 7850, 7870, Idaho Falls ID 83415 Property Number: 31200620018 7874, 7875, 7877, 7878, 7891 Landholding Agency: Energy Status: Excess Reasons: Extensive deterioration Property Number: 41201010005 Reasons: Extensive deterioration Trailer Status: Unutilized Bldg. CB562–9042 Rend Lake Project Reasons: Within 2000 ft. of flammable or Whitley Creek Benton IL 62812 explosive material Secured Area Shelbyville IL 62565 Landholding Agency: COE Illinois Landholding Agency: COE Property Number: 31200940003 Property Number: 31200620019 Status: Excess Bldg. CB562–7141 Status: Excess Reasons: Extensive deterioration Wilborn Creek Reasons: Extensive deterioration Shelbyville IL 62565 Bldgs. 004R43, 003R60 Landholding Agency: COE Bldg. CB639–7876 Carlyle Lake Property Number: 31200620009 Rend Lake Clinton IL 62231 Status: Excess Benton IL 62812 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31201020003 Property Number: 31200620020 Status: Excess Bldg. CB562–7153 Status: Excess Reasons: Extensive deterioration Wilborn Creek Reasons: Extensive deterioration Shelbyville IL 62565 Bldgs. 306A, B, C, TR–5 Landholding Agency: COE Fee Booth Argonne National Lab Property Number: 31200620010 Bo Wood Recreation Area Argonne IL 60439 Status: Excess Shelbyville IL 62565 Landholding Agency: Energy Reasons: Extensive deterioration Landholding Agency: COE Property Number: 41200720017 Property Number: 31200630008 Status: Excess Bldg. CB562–7162 Status: Unutilized Reasons: Secured Area Bo Wood Reasons: Extensive deterioration Shelbyville IL 62565 Bldgs. 310, 330 Landholding Agency: COE Comfort Station Argonne National Lab Property Number: 31200620011 Rend Lake DuPage IL 60439 Status: Excess Benton IL 62812 Landholding Agency: Energy Reasons: Extensive deterioration Landholding Agency: COE Property Number: 41200920007 Property Number: 31200710004 Status: Excess Bldg. CB562–7163 Status: Excess Reasons: Contamination; Secured Area Bo Wood Reasons: Extensive deterioration Shelbyville IL 62565 Bldg. 621 Landholding Agency: COE Comfort Station FERMILAB Property Number: 31200620012 Rend Lake Project Batavia IL Status: Excess Benton IL 62812 Landholding Agency: Energy Reasons: Extensive deterioration Landholding Agency: COE Property Number: 41201020007 Bldg. CB562–7164 Property Number: 31200740001 Status: Excess Bo Wood Status: Excess Reasons: Extensive deterioration, Secured Shelbyville IL 62565 Reasons: Extensive deterioration Area Landholding Agency: COE Repair Unit Land Bldgs. OB1, OB2, OM2 Property Number: 31200620013 400 Old Rock Rd. U.S. Coast Guard Station Status: Excess Granite City IL 62040 Calumet Harbor Reasons: Extensive deterioration Landholding Agency: COE Chicago IL 60617

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Landholding Agency: Coast Guard Fall River Co: Greenwood KS 67047 Status: Unutilized Property Number: 88200940005 Landholding Agency: COE Reasons: Floodway Status: Excess Property Number: 31200530004 Tract 1379 Reasons: Secured Area, Extensive Status: Excess Barkley Lake deterioration Reasons: Extensive deterioration Eddyville Co: Lyon KY 42038 Indiana 2 Bldgs. Landholding Agency: COE Damsite PUA Property Number: 31200420001 Bldg. 62, VA Medical Center Fall River Co: Greenwood KS 67047 Status: Unutilized East 38th Street Landholding Agency: COE Reasons: Other—landlocked Marion Co: Grant IN 46952 Property Number: 31200530005 Landholding Agency: VA Tract 4300 Status: Excess Barkley Lake Property Number: 97199230003 Reasons: Extensive deterioration Status: Excess Cadiz Co: Trigg KY 42211 Reasons: Extensive deterioration Bldgs. Landholding Agency: COE Canning Creek Property Number: 31200420002 Iowa Council Grove Co: Morris KS 66846 Status: Unutilized Tract 137 Landholding Agency: COE Reasons: Floodway Camp Dodge Property Number: 31200620022 Tracts 317, 318, 319 Johnston Co: Polk IA 50131–1902 Status: Excess Barkley Lake Landholding Agency: COE Reasons: Extensive deterioration Grand Rivers Co: Lyon KY 42045 Property Number: 31200410001 Bldgs. 28370, 28373, 28298 Landholding Agency: COE Status: Excess Melvern Lake Property Number: 31200420003 Reasons: Extensive deterioration Melvern Co: Osage KS 66510 Status: Unutilized Bldg. 29355 Landholding Agency: COE Reasons: Floodway Island View Park Property Number: 31200710006 Steel Structure Centerville IA 52544 Status: Excess Mcalpine Locks Landholding Agency: COE Reasons: Extensive deterioration Louisville KY 40212 Property Number: 31201010002 Bldgs. 51026, 40016 Landholding Agency: COE Status: Excess Outlet Park Property Number: 31200440006 Reasons: Extensive deterioration Junction City KS 66441 Status: Excess Kansas Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Property Number: 31201010003 No. 01017 explosive material Floodway Status: Excess Kanopolis Project Comfort Station Reasons: Extensive deterioration Marquette Co: Ellsworth KS 67456 Mcalpine Locks Landholding Agency: COE Kentucky Louisville KY 40212 Landholding Agency: COE Property Number: 31200210001 Spring House Status: Unutilized Property Number: 31200440007 Kentucky River Lock and Dam No. 1 Status: Excess Reasons: Extensive deterioration Highway 320 6 Bldgs. Reasons: Within 2000 ft. of flammable or Carrollton Co: Carroll KY 41008 explosive material Floodway Cottonwood Point/Hillsboro Cove Landholding Agency: COE Marion Co: Coffey KS 66861 Property Number: 21199040416 Shelter Landholding Agency: COE Status: Unutilized Mcalpine Locks Property Number: 31200340001 Reasons: Other—Spring House Louisville KY 40212 Landholding Agency: COE Status: Excess 6–Room Dwelling Reasons: Extensive deterioration Property Number: 31200440008 Green River Lock and Dam No. 3 Status: Excess 20 Bldgs. Rochester Co: Butler KY 42273 Riverside Reasons: Floodway, Within 2000 ft. of Landholding Agency: COE flammable or explosive material Burlington Co: Coffey KS 66839–8911 Property Number: 31199120010 Landholding Agency: COE Status: Unutilized Parking Lot Property Number: 31200340002 Directions: Off State Hwy 369, which runs off Mcalpine Locks Status: Excess of Western Ky. Parkway Louisville KY 40212 Reasons: Extensive deterioration Reasons: Floodway Landholding Agency: COE Property Number: 31200440009 2 Bldgs. 2-Car Garage Status: Excess Canning Creek/Richey Cove Green River Lock and Dam No. 3 Reasons: Within 2000 ft. of flammable or Council Grove Co: Morris KS 66846–9322 Rochester Co: Butler KY 42273 explosive material Floodway Landholding Agency: COE Landholding Agency: COE Property Number: 31200340003 Property Number: 31199120011 Loading Docks Status: Excess Status: Unutilized Nolin Lake Reasons: Extensive deterioration Directions: Off State Hwy 369, which runs off Bee Spring KY 42007 6 Bldgs. of Western Ky. Parkway Landholding Agency: COE Santa Fe Trail/Outlet Channel Reasons: Floodway Property Number: 31200540006 Council Grove Co: Morris KS 66846 Office and Warehouse Status: Unutilized Landholding Agency: COE Green River Lock and Dam No. 3 Reasons: Extensive deterioration Property Number: 31200340004 Rochester Co: Butler KY 42273 Sewage Treatment Plant Status: Excess Landholding Agency: COE Smith Ridge Rec Area Reasons: Extensive deterioration Property Number: 31199120012 Campbellsville KY 42718 16 Bldgs. Status: Unutilized Landholding Agency: COE Cottonwood Point Directions: Off State Hwy 369, which runs off Property Number: 31200740008 Marion KS of Western Ky. Parkway Status: Excess Landholding Agency: COE Reasons: Floodway Reasons: Extensive deterioration Property Number: 31200530003 2 Pit Toilets Sewage Treatment Plant Status: Excess Green River Lock and Dam No. 3 Carr Creek Lake Reasons: Extensive deterioration Rochester Co: Butler KY 42273 Sassafras KY 41759 3 Bldgs. Landholding Agency: COE Landholding Agency: COE Damsite PUA Property Number: 31199120013 Property Number: 31200920029

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Status: Unutilized Michigan Reasons: Extensive deterioration Reasons: Extensive deterioration, Floodway Admin. Bldg. Privy No. 1/Bolivar Park Sewage Plant, Pump Station Station Saginaw River Pomme de Terre Lake Nolin River Lake Essexville Co: Bay MI 48732 Hermitage MO 65668 Bee Spring KY Landholding Agency: Coast Guard Landholding Agency: COE Landholding Agency: COE Property Number: 88200510001 Property Number: 31200120002 Property Number: 31200930005 Status: Unutilized Status: Excess Status: Excess Reasons: Secured Area, Extensive Reasons: Extensive deterioration Reasons: Extensive deterioration deterioration Privy No. 2/Bolivar Park Launching Ramp Bldg. 001 Pomme de Terre Lake Wolf Creek Dam USCG Sector Hermitage MO 65668 Somerset KY 42501 Sault Ste Marie MI 49783 Landholding Agency: COE Landholding Agency: COE Landholding Agency: Coast Guard Property Number: 31200120003 Property Number: 31200940005 Property Number: 88200920003 Status: Excess Status: Unutilized Status: Unutilized Reasons: Extensive deterioration Reasons: Floodway Reasons: Secured Area #07004, 60006, 60007 Maryland Bldg. 022 Crabtree Cove/Stockton Area U.S. Coast Guard Station Stockton MO 65785 4 Bldg. Marquette MI 49855 Landholding Agency: COE Coast Guard Landholding Agency: Coast Guard Property Number: 31200220007 Annapolis MD 21403 Property Number: 88200920004 Status: Excess Landholding Agency: Coast Guard Status: Excess Reasons: Extensive deterioration Property Number: 88201010006 Reasons: Secured Area Bldg. Status: Excess Old Mill Park Area Directions: Qtrs. A–OJ1 and Qtrs. B–OJ2, Mississippi Stockton MO 65785 Qtrs. A–OV4 and Qtrs. B–OV5 Bldg. CB–70 Landholding Agency: COE Reasons: Secured Area Columbus Lake Property Number: 31200310007 Massachusetts Columbus MS 39701 Status: Excess Lee House Landholding Agency: COE Reasons: Extensive deterioration Property Number: 31200820009 Knightville Dam Project Stockton Lake Proj. Ofc. Status: Unutilized Huntington MA Stockton Co: Cedar MO 65785 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Property Number: 31200720003 Bldg. 3053 Property Number: 31200330004 Status: Unutilized ERDC Status: Unutilized Reasons: Extensive deterioration Vicksburg MS 39180 Reasons: Extensive deterioration Landholding Agency: COE Bldg. 5202 House Property Number: 31200930008 USCG Air Station Tract 1105 Status: Unutilized Bourne MA 02540 Thurnau Mitigation Site Reasons: Extensive deterioration Landholding Agency: Coast Guard Craig Co: Holt MO 64437 Property Number: 88200810002 Bldg. 6, Boiler Plant Landholding Agency: COE Status: Unutilized Biloxi VA Medical Center Property Number: 31200420005 Reasons: Secured Area, Extensive Gulfport Co: Harrison MS 39531 Status: Unutilized deterioration Landholding Agency: VA Reasons: Extensive deterioration Property Number: 97199410001 30x36 Barn 3 Sheds Status: Unutilized Tract 1105 USCG Sector Southeastern Reasons: Floodway Falmouth MA 02543 Thurnau Mitigation Site Landholding Agency: Coast Guard Bldg. 67 Craig Co: Holt MO 64437 Property Number: 88200910001 Biloxi VA Medical Center Landholding Agency: COE Status: Unutilized Gulfport Co: Harrison MS 39531 Property Number: 31200420006 Reasons: Extensive deterioration, Secured Landholding Agency: VA Status: Unutilized Area Property Number: 97199410008 Reasons: Extensive deterioration Status: Unutilized 5 Bldgs. Reasons: Extensive deterioration 30x26 Barn USCG Air Station Tract 1105 Bldg. 68 3434, 3435, 3436, 5424, 5451 Thurnau Mitigation Site Biloxi VA Medical Center Bourne MA 02542 Craig Co: Holt MO 64437 Gulfport Co: Harrison MS 39531 Landholding Agency: Coast Guard Landholding Agency: COE Landholding Agency: VA Property Number: 88200920002 Property Number: 31200420007 Property Number: 97199410009 Status: Excess Status: Unutilized Status: Unutilized Reasons: Extensive deterioration, Secured Reasons: Extensive deterioration Reasons: Extensive deterioration Area 30x10 Shed Boathouse/Wharf/Pier Missouri Tract 1105 USCG Menemsha Rec Office Thurnau Mitigation Site Chilmark MA 02535 Harry S. Truman Dam Craig Co: Holt MO 64437 Landholding Agency: Coast Guard Osceola Co: St. Clair MO 64776 Landholding Agency: COE Property Number: 88201030002 Landholding Agency: COE Property Number: 31200420008 Status: Unutilized Property Number: 31200110001 Status: Unutilized Reasons: Secured Area, Extensive Status: Unutilized Reasons: Extensive deterioration deterioration Reasons: Extensive deterioration 30x26 Shed Westview Street Wells Privy/Nemo Park Tract 1105 Lexington MA 02173 Pomme de Terre Lake Thurnau Mitigation Site Landholding Agency: VA Hermitage MO 65668 Craig Co: Holt MO 64437 Property Number: 97199920001 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31200120001 Property Number: 31200420009 Reasons: Extensive deterioration Status: Excess Status: Unutilized

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Reasons: Extensive deterioration Orleans Trail Park Status: Excess 9x9 Shed Stockton MO 65785 Reasons: Extensive deterioration Tract 1105 Landholding Agency: COE Bldg. 11002 Thurnau Mitigation Site Property Number: 31200510009 Greenfield Access Craig Co: Holt MO 64437 Status: Excess Stockton MO 65785 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200420010 Bldg. Property Number: 31200740010 Status: Unutilized Pomme de Terre Lake Status: Excess Reasons: Extensive deterioration Hermitage MO 65668 Reasons: Extensive deterioration Tract 1111 Landholding Agency: COE Bldgs. 14008, 14009, 14010 Thurnau Mitigation Site Property Number: 31200610008 Hawker Point Park Craig Co: Holt MO 64437 Status: Unutilized Stockton MO 65785 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200420011 Bldgs. 43841, 43919 Property Number: 31200740011 Status: Excess Clearwater Project Status: Excess Reasons: Extensive deterioration Piedmont MO 63957 Reasons: Extensive deterioration Shower Landholding Agency: COE Bldg. 34006 Pomme de Terre Lake Property Number: 31200630010 Orleans Trail Park Hermitage Co: Polk MO 65668 Status: Unutilized Stockton MO 65785 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200420012 Dwelling Property Number: 31200740012 Status: Unutilized Harry S. Truman Project Status: Excess Reasons: Extensive deterioration Roscoe MO Reasons: Extensive deterioration 11 Bldgs. Landholding Agency: COE Bldg. ES801–8319 Warsaw MO 65355 Property Number: 31200640013 Wappapello Lake Project Landholding Agency: COE Status: Unutilized Wayne MO 63966 Property Number: 31200430013 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess Bldg. 50005 Property Number: 31200740013 Directions: Fairfield, Tally Bend, Cooper Ruark Bluff East Status: Excess Creek, Shawnee Bend Stockton MO 65785 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldg. 14004 2 Storage Bldgs. Property Number: 31200710011 Hawker Point Park District Service Base Status: Excess Stockton MO 65785 St. Louis MO Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldg. 07002 Property Number: 31200820008 Property Number: 31200430014 Crabtree Cove Park Status: Excess Status: Excess Stockton MO 65785 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Picnic Shelter Privy Property Number: 31200710012 ES801–8357, 009R31 Pomme de Terre Lake Status: Excess Wappapello MO 63966 Wheatland Co: Hickory MO Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Comfort Station Property Number: 31200830001 Property Number: 31200440010 Riverlands Way Access Status: Excess Status: Underutilized West Alton MO 63386 Reasons: Extensive deterioration Reasons: Floodway Landholding Agency: COE Picnic Shelter Vault Toilet Property Number: 31200710013 ES801–8358, 009R32 Ruark Bluff Status: Excess Wappapello MO 63966 Stockton MO Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldg. #55001 Property Number: 31200830002 Property Number: 31200440011 Cooper Creek Status: Excess Status: Excess Warsaw MO 65355 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 23002, 23006 Comfort Station Property Number: 31200720005 Masters Park Overlook Area Status: Excess Stockton MO 65785 Stockton MO Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldgs. 40006, 40007 Property Number: 31200840009 Property Number: 31200440012 Pomme de Terre Lake Status: Excess Status: Excess Pittsburg MO 65724 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 50014, 50015 Maintenance Building Property Number: 31200730012 Ruark Bluff West Missouri River Area Status: Excess Stockton MO 65785 Napoleon Co: Lafayette MO 64074 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 3 Facilities Property Number: 31200840010 Property Number: 31200510007 Wappapello Lake Project Status: Excess Status: Excess Wayne MO 63966 Reasons: Extensive deterioration Reasons: Floodway Landholding Agency: COE 10 Vault Comfort Station Bldg. 34001 Property Number: 31200730013 Mark Twain Lake Orleans Trail Park Status: Excess Monroe City MO 63456 Stockton MO 65785 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldgs. 05004, 05008 Property Number: 31200920045 Property Number: 31200510008 Cedar Ridge Park Status: Excess Status: Excess Stockton MO 65785 Directions: CC302–7388, 7396, 7413, 7486, Reasons: Extensive deterioration Landholding Agency: COE 7535, 7536, 7542, 7543, 7552, 7553 Bldgs. 34016, 34017 Property Number: 31200740009 Reasons: Extensive deterioration

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Picnic Shelter ES801–8343 Status: Underutilized Landholding Agency: COE Wappapello Lake Project Reasons: Secured Area Property Number: 31200510010 Wappapello MO 63966 Bldg. 4 Status: Excess Landholding Agency: COE VA Medical Center Reasons: Extensive deterioration Property Number: 31200920046 Jefferson Barracks Division Bldgs. 40002, 40003, 40006 Status: Excess St. Louis MO Harlan County Lake Reasons: Extensive deterioration Landholding Agency: VA Republican City NE 68971 42 Privies Property Number: 97200340002 Landholding Agency: COE Stockton Project Office Status: Underutilized Property Number: 31200610009 Stockton MO 65785 Reasons: Secured Area Status: Excess Landholding Agency: COE Bldg. 27 Reasons: Extensive deterioration Property Number: 31200920047 VA Medical Center Bldg. 40020 Status: Excess Jefferson Barracks Division Harlan County Lake Directions: Cedar Ridge, Crabtree Cove, St. Louis MO 63125 Republican City NE 68971 Hawker Point, High Point, Masters, Mutton Landholding Agency: VA Landholding Agency: COE Creek, Orleans Trail, Ruark Bluff East, Property Number: 97200340003 Property Number: 31200610010 Ruark Bluff West, Stockton Area Status: Underutilized Status: Excess Reasons: Extensive deterioration Reasons: Secured Area Reasons: Extensive deterioration Bldgs. 47005, 47018 Bldg. 28 4 Bldgs. Pomme de Terre Lake VA Medical Center 43004, 43007, 43008, 43009 Hermitage MO 65724 Jefferson Barracks Division Republican City NE 68971 Landholding Agency: COE St. Louis MO 63125 Landholding Agency: COE Property Number: 31200920048 Landholding Agency: VA Property Number: 31200610011 Status: Unutilized Property Number: 97200340004 Status: Excess Reasons: Extensive deterioration Status: Underutilized Reasons: Extensive deterioration 30 Bldgs. Reasons: Secured Area 6 Bldgs. Harry S. Truman Reservoir Bldg. 29 Harlan County Lake Warsaw MO 65355 VA Medical Center Republican City NE 68971 Landholding Agency: COE Jefferson Barracks Division Landholding Agency: COE Property Number: 31200920049 St. Louis MO 63125 Property Number: 31200610012 Status: Unutilized Landholding Agency: VA Status: Excess Directions: 13012, 13014, 13015, 31005, Property Number: 97200340005 Directions: 31006, 31007, 40005, 40006, 40007, 51008, Status: Underutilized 50003, 50004, 50005, 50006, 50007, 50008 51009, 60005, 60006, 60007, 60008, 60009, Reasons: Secured Area Reasons: Extensive deterioration 60010, 70004, 70005, 70006, 13013, 51006, Bldg. 50 Nevada 51007, 51010, 63009, 63011, 70003, 07010, VA Medical Center 28 Facilities Jefferson Barracks Division 60016, 63030 Nevada Test Site St. Louis MO 63125 Reasons: Extensive deterioration Mercury Co: Nye NV 89023 Landholding Agency: VA Bldg. 34010 Landholding Agency: Energy Property Number: 97200340006 Orleans Trail Park Property Number: 41200310018 Status: Underutilized Stockton MO Status: Excess Reasons: Secured Area Landholding Agency: COE Reasons: Secured Area, Other— Property Number: 31200930006 Nebraska contamination Status: Excess Vault Toilets 31 Bldgs./Facilities Reasons: Extensive deterioration Harlan County Project Nellis AFB 8 Bldgs. Republican NE 68971 Tonopah Test Range Harry Truman Reservoir Landholding Agency: COE Tonopah Co: Nye NV 89049 Warsaw MO 65355 Property Number: 31200210006 Landholding Agency: Energy Landholding Agency: COE Status: Unutilized Property Number: 41200330003 Property Number: 31200930007 Reasons: Extensive deterioration Status: Unutilized Status: Unutilized Patterson Treatment Plant Reasons: Secured Area Directions: #07007, 07008, 07009, 05011, Harlan County Project 42 Bldgs. 49008, 49009, 63004, 63005 Republican NE 68971 Nellis Air Force Base Reasons: Extensive deterioration Landholding Agency: COE Tonopah Co: Nye NV 89049 5 Well Houses Property Number: 31200210007 Landholding Agency: Energy Wappapello Lake Project Status: Unutilized Property Number: 41200410029 Wayne MO 63966 Reasons: Extensive deterioration Status: Unutilized Landholding Agency: COE #30004 Directions: 49–01, NM104, NM105, 03–35A– Property Number: 31200940009 Harlan County Project H, 03–35J–N, 03–36A–C, 03–36E–H, 03– Status: Unutilized Republican Co: Harlan NE 68971 36J–N, 03–36R, 03–37, 15036, 03–44A–D, Reasons: Extensive deterioration Landholding Agency: COE 03–46, 03–47, 03–49, 03–88, 03–89, 03–90 CC3029057, CC3027354 Property Number: 31200220008 Reasons: Secured Area Mark Twain Lake Status: Unutilized 241 Bldgs. Monroe City MO 63456 Reasons: Extensive deterioration Tonopah Test Range Landholding Agency: COE #3005, 3006 Tonopah Co: Nye NV 89049 Property Number: 31201010004 Harlan County Project Landholding Agency: Energy Status: Excess Republican Co: Harlan NE 68971 Property Number: 41200440036 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess Bldg. 3 Property Number: 31200220009 Reasons: Secured Area, Within 2000 ft. of VA Medical Center Status: Unutilized flammable or explosive material Jefferson Barracks Division Reasons: Extensive deterioration 10 Bldgs. St. Louis MO 63125 Bldgs. 70001, 70002 Nevada Test Site Landholding Agency: VA South Outlet Park Mercury Co: Nye NV 89023 Property Number: 97200340001 Republican City NE Landholding Agency: Energy

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Property Number: 41200610003 Los Alamos National Laboratory Status: Unutilized Status: Excess Los Alamos NM 87545 Reasons: Secured Area, Extensive Reasons: Secured Area Landholding Agency: Energy deterioration Approx 200 Misc Blgs/Structure Property Number: 41199810016 Bldg. 186, TA–18 Tonopah Test Range Status: Unutilized Los Alamos National Lab Tonopah NV 89049 Reasons: Secured Area Los Alamos NM 87545 Landholding Agency: Energy Bldg. 516, TA–16 Landholding Agency: Energy Property Number: 41201020001 Los Alamos National Laboratory Property Number: 41199940012 Status: Excess Los Alamos NM 87545 Status: Unutilized Directions: Nellis AFB Landholding Agency: Energy Reasons: Extensive deterioration; Secured Reasons: Extensive deterioration Property Number: 41199810021 Area Status: Unutilized New Jersey Bldg. 188, TA–18 Reasons: Secured Area, Extensive Los Alamos National Lab Bldg. RPFN OM1 deterioration, Within 2000 ft. of flammable Los Alamos NM 87545 U.S. Coast Guard Station or explosive material Landholding Agency: Energy Fortescue NJ 08321 Bldg. 517, TA–16 Property Number: 41199940013 Landholding Agency: Coast Guard Los Alamos National Laboratory Status: Unutilized Property Number: 88200940004 Los Alamos NM 87545 Reasons: Extensive deterioration, Secured Status: Unutilized Landholding Agency: Energy Area Reasons: Extensive deterioration Property Number: 41199810022 Bldg. 44, TA–36 New Mexico Status: Unutilized Los Alamos National Lab Campground Fee Booth Reasons: Extensive deterioration, Secured Los Alamos NM 87545 Cochiti Lake Project Area, Within 2000 ft. of flammable or Landholding Agency: Energy Pena Blanca NM 87041 explosive material Property Number: 41199940015 Landholding Agency: COE Bldg. 31 Status: Unutilized Property Number: 31201030003 Los Alamos National Lab Reasons: Extensive deterioration, Secured Status: Unutilized Los Alamos NM 87545 Area Reasons: Extensive deterioration Landholding Agency: Energy Bldg. 45, TA–36 Property Number: 41199930003 Bldgs. 9252, 9268 Los Alamos National Lab Status: Unutilized Kirtland Air Force Base Los Alamos NM 87545 Reasons: Secured Area, Extensive Albuquerque Co: Bernalillo NM 87185 Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41199940016 Property Number: 41199430002 Bldg. 38, TA–14 Status: Unutilized Status: Unutilized Los Alamos National Lab Reasons: Secured Area, Extensive Reasons: Extensive deterioration Los Alamos NM 87545 deterioration Tech Area II Landholding Agency: Energy Bldg. 258, TA–46 Kirtland Air Force Base Property Number: 41199940004 Los Alamos National Lab Albuquerque Co: Bernalillo NM 87105 Status: Unutilized Los Alamos NM 87545 Landholding Agency: Energy Reasons: Secured Area, Extensive Landholding Agency: Energy Property Number: 41199630004 deterioration Property Number: 41199940019 Status: Unutilized Bldg. 9, TA–15 Status: Unutilized Reasons: Within 2000 ft. of flammable or Los Alamos National Lab Reasons: Secured Area, Extensive explosive material, Secured Area, Los Alamos NM 87545 deterioration Extensive deterioration Landholding Agency: Energy TA–3, Bldg. 208 Bldg. 26, TA–33 Property Number: 41199940006 Los Alamos National Lab Los Alamos National Laboratory Status: Unutilized Los Alamos NM 87545 Los Alamos NM 87545 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 141, TA–15 Property Number: 41200010010 Property Number: 41199810004 Los Alamos National Lab Status: Unutilized Status: Unutilized Los Alamos NM 87545 Reasons: Extensive deterioration, Secured Reasons: Secured Area, Extensive Landholding Agency: Energy Area deterioration Property Number: 41199940008 TA–14, Bldg. 5 Bldg. 2, TA–21 Status: Unutilized Los Alamos National Lab Los Alamos National Laboratory Reasons: Secured Area Los Alamos NM 87545 Los Alamos NM 87545 Bldg. 44, TA–15 Landholding Agency: Energy Landholding Agency: Energy Los Alamos National Lab Property Number: 41200010019 Property Number: 41199810008 Los Alamos NM 87545 Status: Unutilized Status: Underutilized Landholding Agency: Energy Reasons: Secured Area Reasons: Secured Area Property Number: 41199940009 TA–21, Bldg. 150 Bldg. 5, TA–21 Status: Unutilized Los Alamos National Lab Los Alamos National Laboratory Reasons: Secured Area Los Alamos NM 87545 Los Alamos NM 87545 Bldg. 2, TA–18 Landholding Agency: Energy Landholding Agency: Energy Los Alamos National Lab Property Number: 41200010020 Property Number: 41199810011 Los Alamos NM 87545 Status: Unutilized Status: Unutilized Landholding Agency: Energy Reasons: Secured Area Reasons: Secured Area Property Number: 41199940010 Bldg. 149, TA–21 Bldg. 116, TA–21 Status: Unutilized Los Alamos National Lab Los Alamos National Laboratory Reasons: Secured Area, Extensive Los Alamos NM 87545 Los Alamos NM 87545 deterioration Landholding Agency: Energy Landholding Agency: Energy Bldg. 5, TA–18 Property Number: 41200010024 Property Number: 41199810013 Los Alamos National Lab Status: Unutilized Status: Unutilized Los Alamos NM 87545 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy Bldg. 312, TA–21 Bldg. 286, TA–21 Property Number: 41199940011 Los Alamos National Lab

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Los Alamos NM 87545 Property Number: 41200020017 Bldg. 4, TA–41 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010025 Reasons: Secured Area Los Alamos NM 87545 Status: Unutilized Bldg. 125, TA–55 Landholding Agency: Energy Reasons: Secured Area Los Alamos National Lab Property Number: 41200240005 Bldg. 313, TA–21 Los Alamos NM 87545 Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reasons: Secured Area Los Alamos NM 87545 Property Number: 41200020018 Bldg. 116, TA–21 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010026 Reasons: Secured Area Los Alamos NM 87545 Status: Unutilized Bldg. 162, TA–55 Landholding Agency: Energy Reasons: Secured Area Los Alamos National Lab Property Number: 41200310003 Bldg. 314, TA–21 Los Alamos NM 87545 Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reasons: Secured Area Los Alamos NM 87545 Property Number: 41200020019 Bldgs. 1, 2, 3, 4, 5, TA–28 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010027 Reasons: Secured Area Los Alamos NM 87545 Status: Unutilized Bldg. 22, TA–33 Landholding Agency: Energy Reasons: Secured Area Los Alamos National Lab Property Number: 41200310004 Bldg. 315, TA–21 Los Alamos NM 87545 Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reasons: Secured Area Los Alamos NM 87545 Property Number: 41200020022 Bldgs. 447, 1483 Landholding Agency: Energy Status: Unutilized Los Alamos Natl Laboratory Property Number: 41200010028 Reasons: Secured Area, Extensive Los Alamos NM Status: Unutilized deterioration Landholding Agency: Energy Reasons: Secured Area Bldg. 23, TA–49 Property Number: 41200410002 Bldg. 1, TA–8 Los Alamos National Lab Status: Excess Los Alamos National Lab Los Alamos NM 87545 Reasons: Secured Area, Extensive Los Alamos NM 87545 Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41200020023 Bldg. 99650 Property Number: 41200010029 Status: Unutilized Sandia National Laboratory Status: Unutilized Reasons: Secured Area Albuquerque Co: Bernalillo NM 87185 Reasons: Secured Area Bldg. 37, TA–53 Landholding Agency: Energy Bldg. 2, TA–8 Los Alamos National Lab Property Number: 41200510004 Los Alamos National Lab Los Alamos NM 87545 Status: Unutilized Los Alamos NM 87545 Landholding Agency: Energy Reasons: Secured Area Landholding Agency: Energy Property Number: 41200020024 Bldgs. 807, 6017 CAMU2&CAMU3 Property Number: 41200010030 Status: Unutilized Sandia Natl Laboratories Status: Unutilized Reasons: Secured Area Albuquerque NM 87185 Reasons: Secured Area, Extensive Bldg. 121, TA–49 Landholding Agency: Energy deterioration Los Alamos National Lab Property Number: 41200730001 Bldg. 3, TA–8 Los Alamos NM 87545 Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reasons: Secured Area Los Alamos NM 87545 Property Number: 41200020025 Bldg. 6502 Landholding Agency: Energy Status: Unutilized Sandia National Lab Property Number: 41200020001 Reasons: Secured Area Albuquerque NM 87185 Status: Unutilized Bldg. B117 Landholding Agency: Energy Reasons: Extensive deterioration, Secured Kirtland Operations Property Number: 41200810002 Area Albuquerque Co: Bernalillo NM 87117 Status: Unutilized Bldg. 51, TA–9 Landholding Agency: Energy Reasons: Extensive deterioration, Secured Los Alamos National Lab Property Number: 41200220032 Area Los Alamos NM 87545 Status: Excess Bldg. 6596 Landholding Agency: Energy Reasons: Extensive deterioration Sandia National Labs Property Number: 41200020002 Bldg. B118 Albuquerque NM 87185 Status: Unutilized Kirtland Operations Landholding Agency: Energy Reasons: Secured Area Albuquerque Co: Bernalillo NM 87117 Property Number: 41200920001 Bldg. 30, TA–14 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200220033 Reasons: Extensive deterioration, Secured Los Alamos NM 87545 Status: Excess Area Landholding Agency: Energy Reasons: Extensive deterioration 9 Bldgs. Property Number: 41200020003 Bldg. B119 Los Alamos National Lab Status: Unutilized Kirtland Operations Los Alamos NM Reasons: Secured Area Albuquerque Co: Bernalillo NM 87117 Landholding Agency: Energy Bldg. 16, TA–3 Landholding Agency: Energy Property Number: 41200920006 Los Alamos National Lab Property Number: 41200220034 Status: Excess Los Alamos NM 87545 Status: Excess Directions: 08–0026, 08–0030, 08–0065, 16– Landholding Agency: Energy Reasons: Extensive deterioration 0193, 16–0242, 16–0244, 16–0897, 16– Property Number: 41200020009 Bldg. 2, TA–11 1489, 55–0107 Status: Unutilized Los Alamos National Lab Reasons: Secured Area Reasons: Secured Area Los Alamos NM 87545 2 Bldgs. Bldg. 48, TA–55 Landholding Agency: Energy Los Alamos National Lab Los Alamos National Lab Property Number: 41200240004 18–0257, 18–0258 Los Alamos NM 87545 Status: Unutilized Los Alamos NM 87545 Landholding Agency: Energy Reasons: Secured Area Landholding Agency: Energy

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Property Number: 41200920008 Reasons: Secured Area, Extensive Reasons: Secured Area Status: Excess deterioration 9 Bldgs. Reasons: Secured Area, Extensive 11 Bldgs. Los Alamos National Lab deterioration Los Alamos Natl Lab Los Alamos NM 87545 9 Bldgs. Los Alamos NM 87545 Landholding Agency: Energy Los Alamos National Lab Landholding Agency: Energy Property Number: 41201010002 Los Alamos NM 87545 Property Number: 41200930005 Status: Unutilized Landholding Agency: Energy Status: Excess Directions: 57–0018, 57–0041, 57–0074, 57– Property Number: 41200920009 Directions: 03–2239, 03–02240, 03–1535, 03– 0084, 57–0085, 57–0086, 57–0121, 57– Status: Excess 1651, 03–1790, 16–0251, 16–0898, 16– 0122, 57–0123 1407, 48–0046, 48–0047, 64–0027 Directions: 53–0401, 53–0403, 53–0409, 53– Reasons: Secured Area Reasons: Secured Area 0456, 53–0514, 53–0525, 53–0535, 53– 13 Bldgs. 0544, 53–0675 5 Bldgs. Los Alamos National Lab Reasons: Extensive deterioration, Secured Los Alamos National Lab Los Alamos NM 87545 Area Los Alamos NM 87545 Landholding Agency: Energy Landholding Agency: Energy Property Number: 41201010003 6 Bldgs. Property Number: 41200940001 Los Alamos National Lab Status: Unutilized Status: Excess Directions: 03–2237, 09–0273, 36–0082, 46– Los Alamos NM 87545 Directions: 54–0002, 54–0008, 54–0011, 54– Landholding Agency: Energy 0165, 46–0179, 46–0185, 46–0231, 46– 0020, 54–0048 0232, 46–0234, 46–0254, 46–0314, 46– Property Number: 41200920010 Reasons: Secured Area, Extensive 0546, 52–0043 Status: Excess deterioration Reasons: Extensive deterioration, Secured Directions: 54–0117, 54–0185, 54–210, 54– 10 Bldgs. Area 211, 54–221, 54–221, 60–0282 Los Alamos National Lab Reasons: Secured Area, Extensive 11 Bldgs. Los Alamos NM 87545 deterioration Los Alamos National Lab Landholding Agency: Energy Los Alamos NM 87545 6 Bldgs. Property Number: 41200940002 Landholding Agency: Energy Los Alamos National Lab Status: Excess Property Number: 41201010004 Los Alamos NM 87545 Directions: 54–0153, 54–0156, 54–0224, 54– Status: Unutilized Landholding Agency: Energy 0242, 54–0281, 54–0282, 54–0289, 54– Directions: 03–1516, 03–1533, 03–1559, 03– Property Number: 41200920011 0464, 54–1051, 54–1052 1566, 08–0020, 08–0032, 09–0051, 09– Status: Excess Reasons: Secured Area, Extensive 0214, 11–0024, 11–0036, 14–0006 Directions: 21–0155, 21–0209, 21–0213, 21– deterioration Reasons: Secured Area, Extensive 0227, 21–0229, 21–0257 10 Bldgs. deterioration Reasons: Secured Area, Extensive Los Alamos National Lab deterioration 28 Bldgs. Los Alamos NM 87545 Los Alamos National Lab 8 Bldgs. Landholding Agency: Energy Los Alamos NM 87545 Los Alamos National Lab Property Number: 41200940003 Landholding Agency: Energy Los Alamos NM 87545 Status: Excess Property Number: 41201020004 Landholding Agency: Energy Directions: 15–0263, 16–0306, 16–0430, 16– Status: Unutilized Property Number: 41200920012 0435, 16–0437, 18–0028, 18–0037, 18– Directions: 03–0406, 03–0480, 03–1524, 03– Status: Excess 0138, 18–0227, 18–0297 1525, 03–1526, 03–1530, 03–1540, 03– Directions: 54–0226, 63–0001, 63–0002, 63– Reasons: Secured Area, Within 2000 ft. of 1541, 03–1736, 03–1737, 03–1738, 03– 0003, 63–0004, 63–0077, 63–0078, 63–0093 flammable or explosive material 1903, 18–0184, 49–0135, 55–0043, 57– Reasons: Secured Area, Extensive 13 Bldgs. 0115, 59–0029, 59–0030, 59–0031, 59– deterioration Los Alamos National Lab 0032, 59–0033, 59–0034, 50–0035, 59– 7 Bldgs. Los Alamos NM 87545 0036, 59–0037, 59–0118, 59–0119, 59–0123 Los Alamos National Lab Landholding Agency: Energy Reasons: Secured Area Los Alamos NM Property Number: 41200940004 22 Bldgs. Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200930001 Directions: 54–0306, 54–0315, 54–0324, 54– Los Alamos NM 87545 Status: Unutilized 0325, 54–1058, 54–0296, 54–0304, 54– Landholding Agency: Energy Directions: 16–0421, 18–0005, 18–0026, 18– 0367, 54–0483, 54–1027, 54–1028, 54– Property Number: 41201020005 0129, 18–0141, 18–0147, 18–0189 1030, 54–1041 Status: Unutilized Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Directions: 16–0280, 16–0281, 16–0283, 16– deterioration deterioration 0285, 16–0286, 16–0460, 16–0462, 16– 7 Bldgs. 9 Bldgs. 0463, 16–1477, 16–1481, 16–1488, 18– Los Alamos National Lab Los Alamos National Lab 0030, 18–0032, 18–0116, 18–0119, 18– Los Alamos NM Los Alamos NM 87545 0122, 18–0127, 18–0138, 18–0187, 18– Landholding Agency: Energy Landholding Agency: Energy 0188, 18–0190, 18–0256 Property Number: 41200930002 Property Number: 41200940005 Reasons: Secured Area Status: Unutilized Status: Unutilized 4 Bldgs. Directions: 52–0035, 52–0036, 52–0105, 52– Directions: 35–0046, 35–0224, 35–0226, 35– Los Alamos National Lab 0123, 60–0045, 69–0002, 69–0005 0227, 35–0249, 35–0250, 35–0256, 35– Los Alamos NM 87545 Reasons: Extensive deterioration, Secured 0337, 35–0382 Landholding Agency: Energy Area Reasons: Secured Area, Extensive Property Number: 41201020010 11 Bldgs. deterioration Status: Unutilized Los Alamas Natl Lab 4 Bldgs. Directions: 03–1525, 03–1540, 15–0027, 21– Los Alamos NM Los Alamos National Lab 8002 Landholding Agency: Energy Los Alamos NM 87545 Reasons: Secured Area, Within 2000 ft. of Property Number: 41200930004 Landholding Agency: Energy flammable or explosive material Status: Excess Property Number: 41201010001 9 Bldgs. Directions: 21–0031, 21–0042, 21–0080, 21– Status: Unutilized Los Alamos National Lab 0212, 21–0328, 21–0355, 21–0357, 21– Directions: 46–0002, 46–0075, 46–0180, 46– Los Alamos NM 87545 0370, 54–0062, 54–0215, 54–0216 0194 Landholding Agency: Energy

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Property Number: 41201020011 Upton NY 11973 Landholding Agency: COE Status: Unutilized Landholding Agency: Energy Property Number: 31200930013 Directions: 33–0129, 35–0250, 36–0005, 36– Property Number: 41200830001 Status: Unutilized 0006, 37–0006, 37–0008, 37–0009, 37– Status: Unutilized Directions: BM–W01, BR–R02, RM–M06 0019, 37–0020 Reasons: Extensive deterioration, Secured Reasons: Extensive deterioration Reasons: Secured Area, Within 2000 ft. of Area, Within 2000 ft. of flammable or RPFN 0S1 flammable or explosive material explosive material Group Cape Hatteras 12 Bldgs. Bldgs. 680B, 680C Buxton Co: Dare NC 27902 Los Alamos National Lab Brookhaven Natl Lab Landholding Agency: Coast Guard Los Alamos NM 87545 Upton NY 11973 Property Number: 88200540001 Landholding Agency: Energy Landholding Agency: Energy Status: Unutilized Property Number: 41201020012 Property Number: 41200920002 Reasons: Secured Area, Extensive Status: Unutilized Status: Excess deterioration Directions: 41–0004, 43–0020, 43–0037, 43– Reasons: Secured Area, Within 2000 ft. of RPFN 053 0045, 46–0001, 46–0036, 46–0075, 46– flammable or explosive material Extensive Sector N.C. 0119, 46–0178, 46–0201, 46–0342, 48–0203 deterioration Atlantic Beach Co: Carteret NC 28512 Reasons: Within 2000 ft. of flammable or Bldg. 0051 Landholding Agency: Coast Guard explosive material Secured Area Brookhaven National Lab Property Number: 88200540002 4 Bldgs. Upton NY 11973 Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reasons: Extensive deterioration, Secured Los Alamos NM 87545 Property Number: 41201020006 Area Landholding Agency: Energy Status: Excess Equip. Bldg. Property Number: 41201020013 Reasons: Within 2000 ft. of flammable or Coast Guard Station Status: Unutilized explosive material Secured Area 11101 Station St. Directions: 55–0125, 57–0041, 57–0077, 57– Bldg. 480A Emerald Isle NC 0082 Brookland Nat’l Lab Landholding Agency: Coast Guard Reasons: Secured Area, Within 2000 ft. of Upton NY 11973 Property Number: 88200630001 flammable or explosive material Landholding Agency: Energy Status: Unutilized 3 Bldgs. Property Number: 41201020009 Reasons: Secured Area Los Alamos National Lab Status: Excess Sewage Treatment Facility Los Alamos NM 87545 Reasons: Within 2000 ft. of flammable or USCG Cape Hatteras Landholding Agency: Energy explosive material Extensive deterioration Buxton NC 27902 Property Number: 41201020014 Bldg. 13 Landholding Agency: Coast Guard Status: Unutilized USCG Staten Island Property Number: 88200920006 Directions: 63–0113, 63–0114, 64–0045 Suffolk NY 10305 Status: Unutilized Reasons: Within 2000 ft. of flammable or Landholding Agency: Coast Guard Reasons: Secured Area explosive material Secured Area Property Number: 88200910002 Bldgs. GH1, FA1 10 Bldgs. Status: Excess U.S. Coast Guard Station Los Alamos National Lab Reasons: Extensive deterioration, Secured Hatteras NC 27943 Los Alamos NM 87545 Area Landholding Agency: Coast Guard Landholding Agency: Energy Boat House Property Number: 88200940003 Property Number: 41201020015 USCG Station Eaton’s Neck Status: Unutilized Status: Unutilized Northport NY 11768 Reasons: Extensive deterioration Directions: 22–0007, 22–0009, 22–0010, 22– Landholding Agency: Coast Guard Bldgs. OK1, OK2 0011, 22–0012, 22–0014, 22–0015, 22– Property Number: 88200920005 USCG Station 0016, 22–0017, 22–0019 Status: Unutilized Hobucken NC 28537 Reasons: Secured Area Reasons: Extensive deterioration, Secured Landholding Agency: Coast Guard Area 7 Bldgs. Property Number: 88201010001 Los Alamos National Lab North Carolina Status: Excess Los Alamos NM 87545 Preston Clark USARC Reasons: Secured Area, Extensive Landholding Agency: Energy 1301 N. Memorial Dr. deterioration Property Number: 41201020016 Greenville Co: Pitt NC 27834 Status: Unutilized 10 Bldgs. Landholding Agency: COE Directions: 22–0021, 22–0022, 22–0023, 22– U.S. Coast Guard Property Number: 31200620032 0024, 22–0032, 22–0035, 22–0069 Cape Hatteras NC Status: Unutilized Reasons: Secured Area Landholding Agency: Coast Guard Reasons: Extensive deterioration Property Number: 88201010002 New York Bldg. MC–A01 Status: Excess Warehouse Morehead City NC Directions: OB2, OB4, OD1, OD2, OE1, OG1, Whitney Lake Project Landholding Agency: COE OI1, 001, 0S1, OU1 Whitney Point Co: Broome NY 13862–0706 Property Number: 31200740014 Reasons: Secured Area, Floodway Landholding Agency: COE Status: Excess 7 Bldgs. Property Number: 31199630007 Reasons: Extensive deterioration U.S. Coast Guard Status: Unutilized 5 Bldgs. Cape Hatteras NC Reasons: Extensive deterioration Natural Park Landholding Agency: Coast Guard Bldg. 0096 Wilkesboro NC 28697 Property Number: 88201010003 Brookhaven National Lab Landholding Agency: COE Status: Excess Upton NY 11973 Property Number: 31200930012 Directions: OR1, OR2, OR4, OR5, OR6, OR7, Landholding Agency: Energy Status: Unutilized OR8 Property Number: 41200730004 Directions: WC–A01, WC–AC01, WC–AW01, Reasons: Floodway, Secured Area Status: Unutilized WC–FR01, WC–FC01 10 Bldgs. Reasons: Extensive deterioration, Secured Reasons: Extensive deterioration U.S. Coast Guard Area 3 Bldgs. Cape Hatteras NC Bldg. 913T Natural Park Landholding Agency: Coast Guard Brookhaven Natl Laboratory Wilkesboro NC 28697 Property Number: 88201010004

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Status: Excess Water Treatment Plant Property Number: 31200340016 Directions: OV1, OV4, OV5, OV6, OV7, OV8, Wilson Point Status: Excess OV9, OV10, OV11, OV12 Sawyer Co: Choctaw OK 74756–0099 Reasons: Extensive deterioration Reasons: Secured Area, Floodway Landholding Agency: COE 13 Bldgs. 5 Bldgs. Property Number: 31200240011 Oologah Lake U.S. Coast Guard Status: Excess Oologah OK 74053–0700 Cape Hatteras NC Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: Coast Guard 2 Comfort Stations Property Number: 31200340017 Property Number: 88201010005 Landing PUA/Juniper Point PUA Status: Excess Status: Excess Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Directions: NB1, NR1, NR2, NS1, NS2 Landholding Agency: COE 14 Bldgs. Reasons: Floodway, Secured Area Property Number: 31200240012 Pine Creek Lake Bldg. 9 Status: Excess Valliant OK 74764–9801 VA Medical Center Reasons: Extensive deterioration Landholding Agency: COE 1100 Tunnel Road Filter Plant/Pumphouse Property Number: 31200340018 Asheville Co: Buncombe NC 28805 South PUA Status: Excess Landholding Agency: VA Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Property Number: 97199010008 Landholding Agency: COE 6 Bldgs. Status: Unutilized Property Number: 31200240013 Sardis Lake Reasons: Extensive deterioration Status: Excess Clayton OK 74536–9729 North Dakota Reasons: Extensive deterioration Landholding Agency: COE Filter Plant/Pumphouse Property Number: 31200340019 Bldg. ASH 10367 North PUA Status: Excess Baldhill Dam Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Barnes ND Landholding Agency: COE Landholding Agency: COE 22 Bldgs. Property Number: 31200240014 Property Number: 31201020004 Skiatook Lake Status: Excess Status: Unutilized Skiatook OK 74070–9803 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Filter Plant/Pumphouse Property Number: 31200340020 Ohio Juniper Point PUA Status: Excess Installation 39875 Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Hayes Reserve Center Landholding Agency: COE 40 Bldgs. Fremont OH 43420 Property Number: 31200240015 Eufaula Lake Landholding Agency: COE Status: Excess Stigler OK 74462–5135 Property Number: 31200740016 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess Comfort Station Property Number: 31200340021 Reasons: Extensive deterioration Juniper Point PUA Status: Excess Naval Reserve Center Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Cleveland OH 44114 Landholding Agency: COE 2 Bldgs. Landholding Agency: Coast Guard Property Number: 31200240016 Holiday Cove Property Number: 88200740002 Status: Excess Stigler OK 74462–5135 Status: Unutilized Reasons: Extensive deterioration Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Comfort Station Property Number: 31200340022 explosive material, Within airport runway Brooken Cove PUA Status: Excess clear zone, Secured Area Stigler Co: McIntosh OK 74462–9440 Reasons: Extensive deterioration Bldg. 105 Landholding Agency: COE 18 Bldgs. VA Medical Center Property Number: 31200240017 Fort Gibson Dayton Co: Montgomery OH 45428 Status: Excess Ft. Gibson Co: Wagoner OK 74434–0370 Landholding Agency: VA Reasons: Extensive deterioration Landholding Agency: COE Property Number: 97199920005 2 Bldgs. Property Number: 31200340023 Status: Unutilized Outlet Channel/Walker Creek Status: Excess Reasons: Extensive deterioration Waurika OK 73573–0029 Reasons: Extensive deterioration Oklahoma Landholding Agency: COE 2 Bldgs. Property Number: 31200340013 Comfort Station Fort Supply LeFlore Landing PUA Status: Excess Ft. Supply Co: Woodward OK 73841–0248 Sallisaw Co: LeFlore OK 74955–9445 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 2 Bldgs. Property Number: 31200340024 Property Number: 31200240008 Damsite South Status: Excess Status: Excess Stigler OK 74462–9440 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Game Bird House Comfort Station Property Number: 31200340014 Fort Supply Lake Braden Bend PUA Status: Excess Ft. Supply Co: Woodward OK 73841–0248 Sallisaw Co: LeFlore OK 74955–9445 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 19 Bldgs. Property Number: 31200340025 Property Number: 31200240009 Kaw Lake Status: Excess Status: Excess Ponca City OK 74601–9962 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE 11 Bldgs. Water Treatment Plant Property Number: 31200340015 Hugo Lake Salt Creek Cove Status: Excess Sawyer OK 74756–0099 Sawyer Co: Choctaw OK 74756–0099 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 30 Bldgs. Property Number: 31200340026 Property Number: 31200240010 Keystone Lake Status: Excess Status: Excess Sand Springs OK 74063–9338 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE 5 Bldgs.

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Birch Cove/Twin Cove Status: Excess Muskogee OK 74435 Skiatook OK 74070–9803 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldg. Property Number: 31200620026 Property Number: 31200340027 Lake Office Status: Excess Status: Excess Ft. Supply Co: Woodward OK 73841 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE 24 Bldgs. 2 Bldgs. Property Number: 31200530013 Hulah Lake Fairview Group Camp Status: Excess Copan OK Canton OK 73724–0069 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 4 Bldgs. Property Number: 31200630011 Property Number: 31200340028 Overlook PUA Status: Unutilized Status: Excess Ft. Supply Co: Texas OK 73841 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 44760, 44707 2 Bldgs. Property Number: 31200530014 Canton Lake Chouteau Bluff Status: Excess Canton OK 73724 Gore Co: Wagoner OK 74935–9404 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldg. Property Number: 31200630012 Property Number: 31200340029 Hugo Lake Status: Unutilized Status: Excess Sawyer Co: Chocktaw OK 74756 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldg. 2 Bldgs. Property Number: 31200530015 Skiatook Lake Newt Graham L Status: Excess Skiatook OK 74070 Gore OK 74935–9404 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 2 Bldgs. Property Number: 31200630013 Property Number: 31200340030 Sarge Creek PUA Status: Unutilized Status: Excess Ponca City Co: Kay OK 74601 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 43263, 42364 2 Bldgs. Property Number: 31200530016 Oologah Lake Damsite/Fisherman’s Landing Status: Excess Oologah OK 74053 Sallisaw OK 74955–9445 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 5 Bldgs. Property Number: 31200630015 Property Number: 31200340031 Hawthorne Bluff Status: Unutilized Status: Excess Oologah Co: Rogers OK 74053 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldg. 10 Bldgs. Property Number: 31200530017 Webbers Falls Lake Webbers Falls Lake Status: Excess Webbers Falls OK Gore OK 74435–5541 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 12 Bldgs. Property Number: 31200630016 Property Number: 31200340032 Trout Stream PUAs Status: Unutilized Status: Excess Gore Co: Sequoyah OK 74435 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 43523, 43820 Bldg. Property Number: 31200530018 Hugo Lake Lower Storage Yard Status: Excess Sawyer OK 74756 Skiatook Co: Osage OK 74070 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 14 Bldgs. Property Number: 31200630017 Property Number: 31200530007 Chicken Creek PUAs Status: Unutilized Status: Excess Gore Co: Cherokee OK 74435 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldg. 3 Bldgs. Property Number: 31200530019 Newt Graham Lock 18 Birch Cove PUA Status: Excess Inola OK Skiatook Co: Osage OK 74070 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 4 Bldgs. Property Number: 31200640014 Property Number: 31200530008 Snake Creek Area Status: Unutilized Status: Excess Gore Co: Sequoyah OK 74435 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE 4 Bldgs. Bldg. Property Number: 31200530020 Gore OK 74435 Canadian Public Use Area Status: Excess Landholding Agency: COE Canton Co: Blaine OK 73724 Reasons: Extensive deterioration Property Number: 31200640016 Landholding Agency: COE 3 Bldgs. Status: Unutilized Property Number: 31200530009 Brewer’s Bend Directions: Afton Landing or Bluff Landing Status: Excess Gore Co: Muskogee OK 74435 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Pinecr-58321 3 Bldgs. Property Number: 31200530021 Pine Creek Lake Porum Landing PUA Status: Excess Valiant OK Stigler Co: McIntosh OK 74462 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Facility Property Number: 31200710015 Property Number: 31200530010 Hulah Lake Status: Unutilized Status: Excess Copan Co: Osage OK 74022 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE KAW—58649 2 Bldgs. Property Number: 31200620025 Garrett’s Landing Bluff/Afton Landing Status: Excess Kaw City OK Ft. Gibson Co: Wagoner OK 74434 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Bldg. Property Number: 31200710016 Property Number: 31200530012 Webbers Falls Status: Unutilized

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Reasons: Extensive deterioration Bldg. 43446, Keystone Reasons: Extensive deterioration Bldg. Washington Irving Rec Area 40 Structures Sizemore Landing Sand Springs OK 74063 Tenkiller Lake Gore OK 74435 Landholding Agency: COE Gore OK 74435 Landholding Agency: COE Property Number: 31200920010 Landholding Agency: COE Property Number: 31200720007 Status: Unutilized Property Number: 31200920053 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration Bldgs. 43611, 43612, 43545 Reasons: Extensive deterioration Bldg. Kaw Lake Bldg. RSKERR–42811 Taylor Ferry Coon Creek Kerr Lock & Dam Fort Gibson OK 74434 Ponca City OK 74604 Sallisaw OK 74955 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200720008 Property Number: 31200920011 Property Number: 31200930009 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Reasons: Extensive deterioration Bldgs. 42670, 42634 9 Bldgs. Bldg. 43992 Tenkiller Lake Eufaula Lake Fort Gibson Lake Gore OK 74435 Stigler OK 74462 Fort Gibson OK 74434 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200730014 Property Number: 31200920012 Property Number: 31200940010 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Reasons: Extensive deterioration Bldg. 41946 Bldg. 44065 Bldgs. 43847, 43783 Webbers Falls Lake Fort Gibson Hugo Lake Webbers Lake OK Taylor Ferry South Sawyer OK 74756 Landholding Agency: COE Ft. Gibson OK 74434 Landholding Agency: COE Property Number: 31200730015 Landholding Agency: COE Property Number: 31200940011 Status: Unutilized Property Number: 31200920013 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration Bldgs. 44760, 44707 Reasons: Extensive deterioration 32 Bldgs. Canton Lake 10 Bldgs. Optima Lake Canton OK Flat Rock Creek Texas OK Landholding Agency: COE Fort Gibson OK 74434 Landholding Agency: COE Property Number: 31200730016 Landholding Agency: COE Property Number: 31200940012 Status: Unutilized Property Number: 31200920014 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration 6 Bldgs. Reasons: Extensive deterioration CANTON 44700, 44701, 44762 Hugo Lake Bldg. 44763 Big Bend Park Sawyer OK Canton Lake Canton OK 73724 Landholding Agency: COE Canton OK 73724 Landholding Agency: COE Property Number: 31200730017 Landholding Agency: COE Property Number: 31201010005 Status: Unutilized Property Number: 31200920015 Status: Unutilized Directions: 43803, 43802, 43827, 43760, Status: Unutilized Reasons: Extensive deterioration 43764, 43763 Reasons: Extensive deterioration Compound Reasons: Extensive deterioration Bldgs. 43302, 43303 Canton Lake Gatehouse Newt Graham Lock & Dam Canton OK Porum Landing Inola OK 74036 Landholding Agency: COE Stigler OK 75562 Landholding Agency: COE Property Number: 31201020005 Landholding Agency: COE Property Number: 31200920016 Status: Unutilized Property Number: 31200740017 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Reasons: Extensive deterioration 31 Bldgs. Reasons: Extensive deterioration 5 Bldgs. Eufaula Lake Bldgs. 42008, 55088 Eufaula Lake Stigler OK 74462 Webbers Falls Lake Stigler OK 74462 Landholding Agency: COE Webbers Falls OK Landholding Agency: COE Property Number: 31201020012 Landholding Agency: COE Property Number: 31200920050 Status: Unutilized Property Number: 31200740019 Status: Unutilized Reasons: Extensive deterioration Status: Unutilized Directions: EUFUAL–44237, 44147, 56608, Flat Rock Creek Public Reasons: Extensive deterioration 56609, 56570 Use Area 4 Bldgs. Reasons: Extensive deterioration Fort Gibson OK 74434 Optima Lake 61 Structures Landholding Agency: COE Texas OK Newt Graham Lock & Dam Property Number: 31201030004 Landholding Agency: COE Inola OK 74036 Status: Unutilized Property Number: 31200820010 Landholding Agency: COE Reasons: Extensive deterioration Status: Unutilized Property Number: 31200920051 Directions: 43119, 43192, 43193, 43262 Status: Unutilized Oregon Reasons: Extensive deterioration Reasons: Extensive deterioration 2 Floating Docks Bldg. FTGIBS–57431 19 Structures Rogue River Fort Gibson Tenkiller Lake Gold Beach Co: Curry OR 97444 Fort Gibson OK Webber Falls Landholding Agency: COE Landholding Agency: COE Gore OK 74435 Property Number: 31200430015 Property Number: 31200840011 Landholding Agency: COE Status: Excess Status: Unutilized Property Number: 31200920052 Reasons: Floodway Reasons: Extensive deterioration Status: Unutilized 2 Trailers

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John Day Project Savannah River Operations Status: Excess #1 West Marine Drive Aiken SC 29802 Reasons: Secured Area Boardman Co: Morrow OR 97818 Landholding Agency: Energy Bldgs. 221–21F, 22F Landholding Agency: COE Property Number: 41200420030 Savannah River Operations Property Number: 31200510012 Status: Unutilized Aiken SC 29802 Status: Unutilized Reasons: Secured Area Landholding Agency: Energy Reasons: Extensive deterioration Bldg. 710–015N Property Number: 41200430042 Restroom—V0035 Savannah River Operations Status: Excess McNary Lock & Dam Aiken SC 29802 Reasons: Secured Area Umatilla OR Landholding Agency: Energy Bldg. 221–033F Landholding Agency: COE Property Number: 41200430002 Savannah River Operations Property Number: 31200940013 Status: Excess Aiken SC 29802 Status: Unutilized Reasons: Secured Area Landholding Agency: Energy Reasons: Extensive deterioration Bldg. 713–000N Property Number: 41200430043 Lowell Admin. Compound Savannah River Operations Status: Excess 60 South Pioneer St. Aiken SC 29802 Reasons: Secured Area Lowell OR 97452 Landholding Agency: Energy Bldg. 254–007F Landholding Agency: GSA Property Number: 41200430003 Savannah River Operations Property Number: 54201020011 Status: Excess Aiken SC 29802 Status: Excess Reasons: Secured Area Landholding Agency: Energy GSA Number: 9–D–OR–077 Bldgs. 80–9G, 10G Property Number: 41200430044 Reasons: Floodway Savannah River Operations Status: Excess Pennsylvania Aiken SC 29802 Reasons: Secured Area Landholding Agency: Energy Bldg. 281–001F Bldgs. TIO 12328, 12333 Property Number: 41200430006 Savannah River Operations Tionesta PA 16353 Status: Excess Aiken SC 29802 Landholding Agency: COE Reasons: Secured Area Landholding Agency: Energy Property Number: 31200820011 Bldgs. 105–P, 105–R Property Number: 41200430045 Status: Unutilized Savannah River Operations Status: Excess Reasons: Extensive deterioration Aiken SC 29802 Reasons: Secured Area Z–Bldg. Landholding Agency: Energy Bldg. 281–004F Bettis Atomic Power Lab Property Number: 41200430007 Savannah River Operations West Mifflin Co: Allegheny PA 15122–0109 Status: Excess Aiken SC 29802 Landholding Agency: Energy Reasons: Secured Area Landholding Agency: Energy Property Number: 41199720002 Bldg. 183–003L Property Number: 41200430046 Status: Excess Savannah River Operations Status: Excess Reasons: Extensive deterioration Aiken SC 29802 Reasons: Secured Area South Carolina Landholding Agency: Energy Bldg. 281–006F 36 Bldgs. Property Number: 41200430009 Savannah River Operations J. Strom Thurmond Lake Status: Excess Aiken SC 29802 Clarks Hill SC 29821 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldg. 221–016F Property Number: 41200430047 Property Number: 31200920017 Savannah River Operations Status: Excess Status: Unutilized Aiken SC 29802 Reasons: Secured Area Reasons: Extensive deterioration Landholding Agency: Energy Bldg. 703–045A Bldg. JST 17244 Property Number: 41200430014 Savannah River Operations J. Strom Thurmond Lake Status: Excess Aiken SC 29802 Clarks Hill SC 29821 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldgs. 221–053F, 054F Property Number: 41200430050 Property Number: 31200920018 Savannah River Operations Status: Excess Status: Unutilized Aiken SC 29802 Reasons: Secured Area Reasons: Extensive deterioration Landholding Agency: Energy Bldg. 703–071A Bldg. 701–6G Property Number: 41200430016 Savannah River Operations Jackson Barricade Status: Excess Aiken SC 29802 Jackson SC Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. 252–003F, 005F Property Number: 41200430051 Property Number: 41200420010 Savannah River Operations Status: Excess Status: Unutilized Aiken SC 29802 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy Bldg. 754–008A Bldg. 211–000F Property Number: 41200430017 Savannah River Operations Nuclear Materials Processing Facility Status: Excess Aiken SC 29802 Aiken SC 29802 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 315–M Property Number: 41200430058 Property Number: 41200420011 Savannah River Operations Status: Excess Status: Excess Aiken SC 29802 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy Bldg. 186–R Bldg. 221–001F Property Number: 41200430030 Savannah River Site Nuclear Materials Processing Facility Status: Excess Aiken SC Aiken SC 29802 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 716–002A Property Number: 41200430063 Property Number: 41200420015 Savannah River Operations Status: Unutilized Status: Excess Aiken SC 29802 Reasons: Secured Area Reasons: Secured Area Landholding Agency: Energy 4 Bldgs. Bldg. 190–K Property Number: 41200430040 Savannah River Site

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#281–2F, 281–5F, 285–F, 285–5F Status: Unutilized Water Treatment Plant Aiken SC Reasons: Secured Area Dale Hollow Lake Project Landholding Agency: Energy Bldg. 614–63G Lillydale Recreation Area, State Hwy 53 Property Number: 41200430066 Savannah River Site Livingston Co: Clay TN 38351 Status: Unutilized Aiken SC 29802 Landholding Agency: COE Reasons: Secured Area Landholding Agency: Energy Property Number: 31199140012 Bldg. 701–000M Property Number: 41200710006 Status: Excess Savannah River Site Status: Unutilized Reasons: Other—water treatment plant Aiken SC 29802 Reasons: Secured Area Water Treatment Plant Landholding Agency: Energy Bldgs. 701–2G, –905–117G Dale Hollow Lake Project Property Number: 41200430084 Savannah River Site Willow Grove Recreational Area, Hwy No. 53 Status: Unutilized Aiken SC 29802 Livingston Co: Clay TN 38351 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldg. 690–000N Property Number: 41200710007 Property Number: 31199140013 Savannah River Site Status: Unutilized Status: Excess Aiken SC 29802 Reasons: Secured Area Reasons: Other—water treatment plant Landholding Agency: Energy Bldgs. 108–1R, 108–2R Comfort Station/Land Property Number: 41200440032 Savannah River Site Cook Campground Status: Underutilized Aiken SC 29802 Nashville Co: Davidson TN 37214 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: COE Facility 701–5G Property Number: 41200710010 Property Number: 31200420024 Savannah River Site Status: Unutilized Status: Unutilized New Ellenton SC Reasons: Secured Area Reasons: Floodway Landholding Agency: Energy Bldgs. 717–003S, 717–010S Tracts 915, 920, 931C–1 Property Number: 41200530003 Savannah River Site Cordell Hull Dam/Reservoir Status: Unutilized Aiken SC 29802 Cathage Co: Smith TN 37030 Reasons: Extensive deterioration Landholding Agency: Energy Landholding Agency: COE Bldg. 714–000A Property Number: 41200710011 Property Number: 31200430016 Savannah River Site Status: Unutilized Status: Unutilized Aiken SC Reasons: Secured Area Reasons: Other—landlocked, Floodway Landholding Agency: Energy Facility 151–1R Residence #5 Property Number: 41200620014 Savannah River Site 5050 Dale Hollow Dam Rd. Status: Underutilized Aiken SC 29802 Celina Co: Clay TN 38551 Reasons: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldg. 777–018A Property Number: 41200810001 Property Number: 31200540010 Savannah River Site Status: Underutilized Status: Unutilized Aiken SC 29802 Reasons: Secured Area Reasons: Other—landlocked Landholding Agency: Energy South Dakota Bldg. Property Number: 41200620022 Dale Hollow Lake Dam Status: Excess Mobile Home Celina Co: Clay TN 38551 Reasons: Secured Area Tract L–1295 Landholding Agency: COE Bldgs. 108–1P, 108–2P Oahe Dam Property Number: 31200610013 Savannah River Site Potter SD 00000 Status: Unutilized Aiken SC 29802 Landholding Agency: COE Reasons: Extensive deterioration Property Number: 31200030001 Landholding Agency: Energy Bldg. 9418–1 Property Number: 41200630007 Status: Excess Reasons: Extensive deterioration Y–12 Plant Status: Unutilized Oak Ridge Co: Anderson TN 37831 Reasons: Secured Area Tennessee Landholding Agency: Energy Bldg. 701–001P Bldg. 204 Property Number: 41199810026 Savannah River Site Cordell Hull Lake and Dam Project. Status: Unutilized Aiken SC 29802 Defeated Creek Recreation Area Reasons: Secured Area, Extensive Landholding Agency: Energy Carthage Co: Smith TN 37030 deterioration Property Number: 41200640002 Landholding Agency: COE Bldg. 2010 Status: Unutilized Property Number: 31199011499 Oak Ridge Natl Laboratory Reasons: Secured Area Status: Unutilized Oak Ridge TN 37831 Bldgs. 151–1P, 151–2P Directions: U.S. Highway 85 Landholding Agency: Energy Savannah River Site Reasons: Floodway Property Number: 41200710009 Aiken SC 29802 Tract 2618 (Portion) Status: Excess Landholding Agency: Energy Cordell Hull Lake and Dam Project Reasons: Extensive deterioration, Secured Property Number: 41200640004 Roaring River Recreation Area Area Status: Unutilized Gainesboro Co: Jackson TN 38562 3 Bldgs. Reasons: Secured Area Landholding Agency: COE Y–12 Natl Nuclear Security Complex Bldg. 191–P Property Number: 31199011503 Oak Ridge TN 37831 Savannah River Site Status: Underutilized Landholding Agency: Energy Aiken SC 29802 Directions: TN Highway 135 Property Number: 41200720001 Landholding Agency: Energy Reasons: Floodway Status: Unutilized Property Number: 41200640005 Water Treatment Plant Directions: 9104–01, 9104–02, 9104–03 Status: Unutilized Dale Hollow Lake Project Reasons: Secured Area Reasons: Secured Area Obey River Park, State Hwy 42 Bldgs. 1035, 1058, 1061 Bldg. 710–P Livingston Co: Clay TN 38351 E. Tennessee Technology Park Savannah River Site Landholding Agency: COE Oak Ridge TN Aiken SC 29802 Property Number: 31199140011 Landholding Agency: Energy Landholding Agency: Energy Status: Excess Property Number: 41200730002 Property Number: 41200640006 Reasons: Other—water treatment plant Status: Unutilized

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Reasons: Extensive deterioration, Secured Landholding Agency: Energy Reasons: Extensive deterioration Area, Contamination Property Number: 41200920003 Old USMC Training Center Bldgs. 1231, 1416 Status: Unutilized Fort Point E. Tennessee Technology Park Directions: 9404–02, 9404–04, 9409–04, Galveston TX 77550 Oak Ridge TN 37831 9409–30, 9416–18, 9416–21, 9709, 9709– Landholding Agency: COE Landholding Agency: Energy 19, 9720–19A, 9720–19B, 9724–01, 9766, Property Number: 31200940015 Property Number: 41200730003 9983–FE Status: Unutilized Status: Unutilized Reasons: Secured Area Reasons: Extensive deterioration Reasons: Extensive deterioration, Texas 5 Bldgs. Contamination, Secured Area Comfort Station Pat Mayse Lake Bldgs. 413, 1059 Overlook PUA Powderly TX 75473 E. TN Tech Park Powderly Co: Lamar TX 75473–9801 Landholding Agency: COE Oak Ridge TN 37831 Landholding Agency: COE Property Number: 31201010006 Landholding Agency: Energy Property Number: 31200240018 Status: Unutilized Property Number: 41200730006 Status: Excess Directions: 43018, 43017, 43010, 43011, Status: Excess Reasons: Extensive deterioration 43012 Reasons: Extensive deterioration Reasons: Contamination, Secured Area 148 Bldgs. Bldgs. 1000, 1008F, 1028 Texoma Lake Zone 12, Bldg. 12–20 E. TN Technology Park Denison TX Pantex Plant Oak Ridge TN 37831 Landholding Agency: COE Amarillo Co: Carson TX 79120 Landholding Agency: Energy Property Number: 31200740018 Landholding Agency: Energy Property Number: 41200810005 Status: Unutilized Property Number: 41200220053 Status: Excess Reasons: Extensive deterioration Status: Unutilized Reasons: Secured Area 18 Bldgs. Reasons: Secured Area, Within 2000 ft. of Bldgs. 1101, 1201, 1501 Texoma Lake flammable or explosive material E. TN Technology Park Denison TX Bldgs. 12–017E, 12–019E Oak Ridge TN 37831 Landholding Agency: COE Pantex Plant Landholding Agency: Energy Property Number: 31200820012 Amarillo Co: Carson TX 79120 Property Number: 41200810006 Status: Unutilized Landholding Agency: Energy Status: Excess Reasons: Extensive deterioration Property Number: 41200320010 Reasons: Within airport runway clear zone, Bldg. Status: Unutilized Secured Area Stilling Basin Reasons: Within 2000 ft. of flammable or 4 Bldgs. Pat Mayes Lake explosive material, Secured Area East TN Technology Park Powderly TX 75473 4 Bldgs. Oak Ridge TN 37831 Landholding Agency: COE NNSA Pantex Plant Landholding Agency: Energy Property Number: 31200820013 Amarillo Co: Carson TX 79120 Property Number: 41200810007 Status: Unutilized Landholding Agency: Energy Status: Excess Reasons: Extensive deterioration Property Number: 41200540002 Directions: 1513, 1515, 1515E, 1515H 4 Bldgs. Burns Run Area Status: Unutilized Reasons: Secured Area Texoma Lake Directions: 12–009, 12–009A, 12–R–009A, 3 Bldgs. 57667, 42562, 42486, 42568 12–R–009B Y–12 National Security Complex Denison TX Reasons: Secured Area, Within 2000 ft. of 9706–01, 9706–01A, 9711–05 Landholding Agency: COE flammable or explosive material Oak Ridge TN 37831 Property Number: 31200840012 Bldg. 12–011A Landholding Agency: Energy Status: Unutilized NNSA Pantex Plant Property Number: 41200810008 Reasons: Extensive deterioration Amarillo Co: Carson TX 79120 Status: Unutilized Bldgs. 42466, 42508 Landholding Agency: Energy Reasons: Secured Area Johnson Creek/Caney Creek Property Number: 41200540003 3 Bldgs. Denison TX Status: Unutilized Y–12 National Security Complex Landholding Agency: COE Reasons: Within 2000 ft. of flammable or 9733–01, 9733–02, 9733–03 Property Number: 31200920019 explosive material, Secured Area Oak Ridge TN 37831 Status: Unutilized Bldg. 12–097 Landholding Agency: Energy Reasons: Extensive deterioration NNSA Pantex Plant Property Number: 41200810009 4 Bldgs. Amarillo Co: Carson TX 79120 Status: Unutilized Lake Texoma Landholding Agency: Energy Reasons: Secured Area 42558, 42473, 42543, 42496 Property Number: 41200540004 Bldgs. 9734, 9739 Denison TX Status: Unutilized Y–12 National Security Complex Landholding Agency: COE Reasons: Secured Area, Within 2000 ft. of Oak Ridge TN 37831 Property Number: 31200920020 flammable or explosive material Landholding Agency: Energy Status: Unutilized Bldgs. 11–54, 11–54A Property Number: 41200810010 Reasons: Extensive deterioration Zone 11 Status: Unutilized Bldg. 42479 Plantex Plant Reasons: Secured Area Texoma Lake Amarillo Co: Carson TX 79120 4 Bldgs. Denison TX Landholding Agency: Energy Y–12 Natl Security Complex Landholding Agency: COE Property Number: 41200630008 Oak Ridge TN 37831 Property Number: 31200930010 Status: Unutilized Landholding Agency: Energy Status: Unutilized Reasons: Within 2000 ft. of flammable or Property Number: 41200910001 Reasons: Extensive deterioration explosive material, Secured Area Status: Unutilized Boat Dock Bldg. 12–002B Directions: 9201–05, 9622, 9769, 9983–HP Pat Mayse Lake Zone 12 Reasons: Secured Area Powderly TX 75473 Pantex Plant 13 Bldgs. Landholding Agency: COE Amarillo Co: Carson TX 79120 Y–12 Natl Security Complex Property Number: 31200940014 Landholding Agency: Energy Oak Ridge TN 37831 Status: Unutilized Property Number: 41200630009

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Status: Unutilized Landholding Agency: Energy Status: Unutilized Reasons: Within 2000 ft. of flammable or Property Number: 41200840003 Reasons: Extensive deterioration explosive material, Secured Area Status: Unutilized Bldg. JHK–16754 4 Bldgs. Reasons: Within 2000 ft. of flammable or Henderson Point 12–003, 12–R–003, 12–003L explosive material, Secured Area Mecklenburg VA 23917 Zone 12, Pantex Plant Bldgs. 09–013, 09–125 Landholding Agency: COE Amarillo Co: Carson TX 79120 Pantex Plant Property Number: 31200840013 Landholding Agency: Energy Amarillo TX Status: Unutilized Property Number: 41200630010 Landholding Agency: Energy Reasons: Extensive deterioration Status: Unutilized Property Number: 41200840004 4 Bldgs. Reasons: Within 2000 ft. of flammable or Status: Unutilized Philpott Lake explosive material, Secured Area Reasons: Secured Area, Within 2000 ft. of 16232, 16233, 16234, 16235 Bldg. 12–014 flammable or explosive material Bassett VA 24055 Zone 12 5 Bldgs. Landholding Agency: COE Pantex Plant Pantex Plant Property Number: 31200920021 Amarillo Co: Carson TX 79120 Amarillo TX Status: Unutilized Landholding Agency: Energy Landholding Agency: Energy Reasons: Extensive deterioration Property Number: 41200630011 Property Number: 41200840005 6 Bldgs. Status: Unutilized Status: Unutilized John H. Kerr Lake & Dam Reasons: Within 2000 ft. of flammable or Directions: 09–095, 09–126, 09–132, 09– Mecklenburg VA 23917 explosive material, Secured Area 132A, 09–134 Landholding Agency: COE Bldg. 12–24E Reasons: Within 2000 ft. of flammable or Property Number: 31200920022 Zone 12 explosive material, Secured Area Status: Unutilized Pantex Plant Bldg. 11–027 Directions: ID# JHK 15776, 16754, 16810, Amarillo Co: Carson TX 79120 Pantex Plant 17051, 17845, 18244 Landholding Agency: Energy Amarillo TX Reasons: Extensive deterioration Property Number: 41200630012 Landholding Agency: Energy 3 Comfort Stations Status: Unutilized Property Number: 41200840006 John H. Kerr Lake & Dam Reasons: Secured Area, Within 2000 ft. of Status: Unutilized Mecklenburg VA 23917 flammable or explosive material Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Bldg. 11–029, Zone 11 explosive material, Secured Area Property Number: 31200920054 Pantex Plant 4 Bldgs. Status: Unutilized Amarillo Co: Carson TX 79120 Pantex Plant Directions: JHK–17450, 17451, 17457 Landholding Agency: Energy Amarillo TX Reasons: Extensive deterioration Property Number: 41200640007 Landholding Agency: Energy 5 Bldgs. Status: Unutilized Property Number: 41200840007 John H. Kerr Lake & Dam Reasons: Secured Area, Within 2000 ft. of Status: Unutilized Mecklenburg VA 23917 flammable or explosive material Directions: 12–R–009B,12–0245, 12–041SS, Landholding Agency: COE Bldgs. 11–010, T09–031 12–075A Property Number: 31200930014 Reasons: Within 2000 ft. of flammable or Pantex Plant Status: Unutilized explosive material, Secured Area Amarillo TX 79120 Directions: JHK–15782, 17134, 17453, 17456, Landholding Agency: Energy 6 Bldgs. 18017 Property Number: 41200810011 Pantex Plant Reasons: Extensive deterioration Status: Unutilized Amarillo TX 79121 Bldgs. 22624, 41438, 41439 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy John Flannagan Dam explosive material, Secured Area Property Number: 41200920004 Haysi VA 24256 Status: Unutilized Bldgs. 4–24, 4–27, 4–29 Landholding Agency: COE Directions: 09–056, 11–R–016, 11–030, 12– Pantex Plant Property Number: 31200940016 023, 12–045, 12–047, 12–005G3 Amarillo TX 79120 Status: Unutilized Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Reasons: Extensive deterioration explosive material, Secured Area Property Number: 41200830003 9 Bldgs. Status: Unutilized Bldg. 09–145 Philpott Lake & Dam Reasons: Secured Area, Within 2000 ft. of Pantex Plant Bassett VA 24055 flammable or explosive material Amarillo TX 79120 Landholding Agency: COE Landholding Agency: Energy Bldg. 11–027 Property Number: 31200940017 Property Number: 41200940006 Pantex Plant Status: Unutilized Status: Unutilized Amarillo TX 79120 Directions: 15640, 16753, 16775, 16883, Reasons: Secured Area, Extensive Landholding Agency: Energy 18840, 18854, 18835, 16749, 15636 deterioration, Within 2000 ft. of flammable Property Number: 41200830004 Reasons: Extensive deterioration or explosive material Status: Unutilized Bldgs. 17454, 17455 Reasons: Within 2000 ft. of flammable or Wallisville Road Property John Kerr Lake & Dam explosive material, Secured Area Houston TX 77029 Boydton VA 23917 Landholding Agency: GSA 3 Bldgs. Landholding Agency: COE Property Number: 54201020006 Pantex Plant Property Number: 31200940018 Status: Surplus 12–0245, 12–041SS, 12–075A Status: Unutilized GSA Number: 7–G–TX–1107 Amarillo TX 79120 Reasons: Extensive deterioration Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Bldg. TR–CO1 explosive material Property Number: 41200830005 Tailrace Park Status: Unutilized Virginia Mecklenberg VA 23917 Reasons: Within 2000 ft. of flammable or Bldgs. JHK–17433, JHK–17446 Landholding Agency: COE explosive material, Secured Area John H. Kerr Project Property Number: 31201020006 Bldgs. 04–024, 04–027, 04–029 Boydton VA Status: Unutilized Pantex Plant Landholding Agency: COE Reasons: Extensive deterioration Amarillo TX Property Number: 31200740020 JHK–18213

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John H. Kerr Lake & Dam Richland Co: Benton WA 99351 Directions: 14 miles from U.S. Highway 68. Mecklenburg VA 23917 Landholding Agency: Energy Reasons: Floodway Landholding Agency: COE Property Number: 41200620011 Tract AA–2747 Property Number: 31201020013 Status: Excess Wolf Creek Dam and Lake Cumberland Status: Unutilized Directions: Mobile Offices U.S. HWY. 27 to Blue John Road Reasons: Extensive deterioration Reasons: Secured Area Burnside Co: Pulaski KY 42519 Comfort Station/JHK–17452 139 Structures Landholding Agency: COE John Kerr Lake & Dam Hanford Site 100, 300, 400 Property Number: 31199010038 Mecklenburg VA 23917 Richland Co: Benton WA 99352 Status: Underutilized Landholding Agency: COE Landholding Agency: Energy Reasons: Floodway Property Number: 31201030005 Property Number: 41200620012 Tract AA–2726 Status: Unutilized Status: Excess Wolf Creek Dam and Lake Cumberland Reasons: Extensive deterioration Directions: Offices Facilities KY HWY. 80 to Route 769 Training Bldg. Reasons: Secured Area Burnside Co: Pulaski KY 42519 USCG Integrated Support Ctr 122 Structures Landholding Agency: COE Portsmouth Co: Norfolk VA 43703 Hanford Site 100, 300, 400 Property Number: 31199010039 Landholding Agency: Coast Guard Richland Co: Benton WA 99352 Status: Underutilized Property Number: 88200530001 Landholding Agency: Energy Reasons: Floodway Status: Excess Property Number: 41200620013 Tract 1358 Reasons: Secured Area Status: Excess Barkley Lake, Kentucky and Tennessee Bldg. 011 Directions: Process Facilities Eddyville Recreation Area Integrated Support Center Reasons: Secured Area Eddyville Co: Lyon KY 42038 Portsmouth Co: Norfolk VA 43703 West Virginia Landholding Agency: COE Landholding Agency: Coast Guard Property Number: 31199010043 Bldg. BLN–01–A–01 Property Number: 88200620002 Status: Excess Bluestone Lake Status: Excess Directions: U.S. Highway 62 to State highway Hinton WV 25951 Reasons: Secured Area 93 Landholding Agency: COE Reasons: Floodway 9 Bldgs. Property Number: 31201020007 Barren River Lock No. 1 USCG Cape Charles Station Status: Unutilized Richardsville Co: Warren KY 42270 Winters Quarters Reasons: Extensive deterioration Northampton VA 23310 Landholding Agency: COE Landholding Agency: Coast Guard Wisconsin Property Number: 31199120008 Property Number: 88200740001 Bldg. OV1 Status: Unutilized Status: Unutilized USCG Station Reasons: Floodway Reasons: Extensive deterioration Bayfield WI 54814 Green River Lock No. 3 Navigation Center Trailer Landholding Agency: Coast Guard Rochester Co: Butler KY 42273 USCG TISCOM Property Number: 88200620001 Landholding Agency: COE Alexandria VA 22315 Status: Excess Property Number: 31199120009 Landholding Agency: Coast Guard Reasons: Secured Area Status: Unutilized Directions: Off State Hwy. 369, which runs Property Number: 88200820003 Land Status: Excess off of Western Ky. Parkway Reasons: Secured Area Arizona Reasons: Floodway 2 Fiberglass Huts 58 acres Green River Lock No. 4 USCG Training Center VA Medical Center Woodbury Co: Butler KY 42288 Yorktown VA 500 Highway 89 North Landholding Agency: COE Landholding Agency: Coast Guard Prescott Co: Yavapai AZ 86313 Property Number: 31199120014 Property Number: 88201020001 Landholding Agency: VA Status: Underutilized Status: Excess Property Number: 97190630001 Directions: Off State Hwy 403, which is off Reasons: Secured Area Status: Unutilized State Hwy 231 Reasons: Floodway Reasons: Floodway Washington 20 acres Green River Lock No. 5 Madame Dorion Vault Toilet VA Medical Center Readville Co: Butler KY 42275 McNary Lock & Dam 500 Highway 89 North Landholding Agency: COE Walla Walla WA Prescott Co: Yavapai AZ 86313 Property Number: 31199120015 Landholding Agency: COE Landholding Agency: VA Status: Unutilized Property Number: 31200920023 Property Number: 97190630002 Directions: Off State Highway 185 Status: Unutilized Status: Underutilized Reasons: Floodway Reasons: Extensive deterioration Reasons: Floodway Green River Lock No. 6 Chiawana Park Restroom Florida Brownsville Co: Edmonson KY 42210 McNary Lock & Dam Landholding Agency: COE Wildlife Sanctuary, VAMC Pasco WA 99301 Property Number: 31199120016 10,000 Bay Pines Blvd. Landholding Agency: COE Status: Underutilized Bay Pines Co: Pinellas FL 33504 Property Number: 31200920024 Directions: Off State Highway 259 Landholding Agency: VA Status: Unutilized Reasons: Floodway Reasons: Extensive deterioration Property Number: 97199230004 Status: Underutilized Vacant land west of locksite 79 Structures Reasons: Other—Inaccessible Greenup Locks and Dam Hanford Site 100, 300, 400 5121 New Dam Road Richland Co: Benton WA 99352 Kentucky Rural Co: Greenup KY 41144 Landholding Agency: Energy Tract 4626 Landholding Agency: COE Property Number: 41200620010 Barkley, Lake, Kentucky and Tennessee Property Number: 31199120017 Status: Excess Donaldson Creek Launching Area Status: Unutilized Directions: Infrastructure Facilities Cadiz Co: Trigg KY 42211 Reasons: Floodway Reasons: Secured Area Landholding Agency: COE 87 Structures Property Number: 31199010030 Maryland Hanford Site 100, 300, 400 Status: Underutilized Tract 131R

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Youghiogheny River Lake, Rt. 2, Box 100 Directions: Exit 38 off New York State Route Landholding Agency: COE Friendsville Co: Garrett MD 17. Property Number: 21199040413 Landholding Agency: COE Reasons: Secured Area Status: Underutilized Property Number: 31199240007 Tract 3 Directions: Tracts 800, 802–806, 835–837, Status: Underutilized VA Medical Center 900–902, 1000–1003, 1025 Reasons: Floodway Bath Co: Steuben NY 14810 Reasons: Floodway Minnesota Landholding Agency: VA Cheatham Lock and Dam Property Number: 97199010013 Highway 12 Portion/Tract Wa–63 Status: Underutilized Ashland City Co: Cheatham TN 37015 Wabasha MN Directions: Exit 38 off New York State Route Landholding Agency: COE Landholding Agency: COE 17. Property Number: 21199040415 Property Number: 31200940006 Reasons: Secured Area Status: Underutilized Status: Unutilized Tract 4 Directions: Tracts E–513, E–512–1 and E– Reasons: Other—inaccessible VA Medical Center 512–2 3.85 acres (Area #2) Bath Co: Steuben NY 14810 Reasons: Floodway VA Medical Center Landholding Agency: VA Tract 2321 4801 8th Street Property Number: 97199010014 J. Percy Priest Dam and Reservoir St. Cloud Co: Stearns MN 56303 Status: Unutilized Murfreesboro Co: Rutherford TN 37130 Landholding Agency: VA Directions: Exit 38 off New York State Route Landholding Agency: COE Property Number: 97199740004 17. Property Number: 31199010935 Status: Unutilized Reasons: Secured Area Status: Excess Reasons: Other—landlocked Ohio Directions: South of Old Jefferson Pike 7.48 acres (Area #1) Reasons: Other—landlocked Mosquito Creek Lake VA Medical Center Tract 6737 4801 8th Street Everett Hull Road Boat Launch Cortland Co: Trumbull OH 44410–9321 Blue Creek Recreation Area St. Cloud Co: Stearns MN 56303 Barkley Lake, Kentucky and Tennessee Landholding Agency: VA Landholding Agency: COE Property Number: 31199440007 Dover Co: Stewart TN 37058 Property Number: 97199740005 Landholding Agency: COE Status: Underutilized Status: Underutilized Reasons: Floodway Property Number: 31199011478 Reasons: Secured Area Status: Underutilized Mosquito Creek Lake Mississippi Directions: U.S. Highway 79/TN Highway Housel—Craft Rd., Boat Launch 761 Parcel 1 Cortland Co: Trumbull OH 44410–9321 Reasons: Floodway Grenada Lake Landholding Agency: COE Section 20 Property Number: 31199440008 Tracts 3102, 3105, and 3106 Grenada Co: Grenada MS 38901–0903 Status: Underutilized Brimstone Launching Area Landholding Agency: COE Reasons: Floodway Cordell Hull Lake and Dam Project Property Number: 31199011018 Gainesboro Co: Jackson TN 38562 36 Site Campground Landholding Agency: COE Status: Underutilized German Church Campground Reasons: Within airport runway clear zone Property Number: 31199011479 Berlin Center Co: Portage OH 44401–9707 Status: Excess Missouri Landholding Agency: COE Directions: Big Bottom Road Property Number: 31199810001 Ditch 19, Item 2, Tract No. 230 Reasons: Floodway Status: Unutilized St. Francis Basin Project Reasons: Floodway Tract 3507 21⁄2 miles west of Malden Proctor Site null Co: Dunklin MO Pennsylvania Cordell Hull Lake and Dam Project Landholding Agency: COE Lock and Dam #7 Celina Co: Clay TN 38551 Property Number: 31199130001 Monongahela River Landholding Agency: COE Status: Unutilized Greensboro Co: Greene PA Property Number: 31199011480 Reasons: Floodway Landholding Agency: COE Status: Unutilized Montana Property Number: 31199011564 Directions: TN Highway 52 Reasons: Floodway Sewage Lagoons/40 acres Status: Unutilized VA Center Directions: Left hand side of entrance Tract 3721 Ft. Harrison MT 59639 roadway to project Obey Landholding Agency: VA Reasons: Floodway Cordell Hull Lake and Dam Project Property Number: 97200340007 Mercer Recreation Area Celina Co: Clay TN 38551 Status: Excess Shenango Lake Landholding Agency: COE Reasons: Floodway Transfer Co: Mercer PA 16154 Property Number: 31199011481 Landholding Agency: COE Status: Unutilized New York Property Number: 31199810002 Directions: TN Highway 53 Tract 1 Status: Unutilized Reasons: Floodway VA Medical Center Reasons: Floodway Tracts 608, 609, 611 and 612 Bath Co: Steuben NY 14810 Tract No. B–212C Sullivan Bend Launching Area Landholding Agency: VA Upstream from Gen. Jadwin Dam Cordell Hull Lake and Dam Project Property Number: 97199010011 Honesdale Co: Wayne PA 18431 Carthage Co: Smith TN 37030 Status: Unutilized Landholding Agency: COE Landholding Agency: COE Directions: Exit 38 off New York State Route Property Number: 31200020005 Property Number: 31199011482 17. Status: Unutilized Status: Underutilized Reasons: Secured Area Reasons: Floodway Directions: Sullivan Bend Road Tract 2 Reasons: Floodway VA Medical Center Tennessee Tracts 1710, 1716 and 1703 Bath Co: Steuben NY 14810 Brooks Bend Flynns Lick Launching Ramp Landholding Agency: VA Cordell Hull Dam and Reservoir Cordell Hull Lake and Dam Project Property Number: 97199010012 Highway 85 to Brooks Bend Road Gainesboro Co: Jackson TN 38562 Status: Underutilized Gainesboro Co: Jackson TN 38562 Landholding Agency: COE

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Property Number: 31199011484 Directions: Sullivan Bend Road Reasons: Floodway Status: Underutilized Reasons: Floodway Tract 2100 Directions: Whites Bend Road Tract 517 Cordell Hull Lake and Dam Project Reasons: Floodway J. Percy Priest Dam and Reservoir Galbreaths Branch Tract 1810 Suggs Creek Embayment Gainesboro Co: Jackson TN 38562 Wartrace Creek Launching Ramp Nashville Co: Davidson TN 37214 Landholding Agency: COE Cordell Hull Lake and Dam Project Landholding Agency: COE Property Number: 31199011502 Gainesboro Co: Jackson TN 38551 Property Number: 31199011493 Status: Unutilized Landholding Agency: COE Status: Underutilized Directions: TN Highway 53 Property Number: 31199011485 Directions: Interstate 40 to S. Mount Juliet Reasons: Floodway Status: Underutilized Road. Tract 104 et al. Directions: TN Highway 85 Reasons: Floodway Cordell Hull Lake and Dam Project Reasons: Floodway Tract 1811 Horshoe Bend Launching Area Tract 2524 West Fork Launching Area Carthage Co: Smith TN 37030 Jennings Creek Smyrna Co: Rutherford TN 37167 Landholding Agency: COE Cordell Hull Lake and Dam Project Landholding Agency: COE Property Number: 31199011504 Gainesboro Co: Jackson TN 38562 Property Number: 31199011494 Status: Underutilized Landholding Agency: COE Status: Underutilized Directions: Highway 70 N Property Number: 31199011486 Directions: Florence road near Enon Springs Reasons: Floodway Status: Unutilized Road Tracts 510, 511, 513 and 514 Directions: TN Highway 85 Reasons: Floodway J. Percy Priest Dam and Reservoir Project Reasons: Floodway Tract 1504 Lebanon Co: Wilson TN 37087 Tracts 2905 and 2907 J. Perry Priest Dam and Reservoir Landholding Agency: COE Webster Lamon Hill Recreation Area Property Number: 31199120007 Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167 Status: Underutilized Gainesboro Co: Jackson TN 38551 Landholding Agency: COE Directions: Vivrett Creek Launching Area, Landholding Agency: COE Property Number: 31199011495 Alvin Sperry Road Property Number: 31199011487 Status: Underutilized Reasons: Floodway Status: Unutilized Directions: Lamon Road Tract A–142, Old Hickory Beach Directions: Big Bottom Road Reasons: Floodway Old Hickory Blvd. Reasons: Floodway Tract 1500 Old Hickory Co: Davidson TN 37138 Tracts 2200 and 2201 J. Perry Priest Dam and Reservoir Landholding Agency: COE Property Number: 31199130008 Gainesboro Airport Pools Knob Recreation Status: Underutilized Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167 Reasons: Floodway Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Landholding Agency: COE Property Number: 31199011496 Tract D, 7 acres Property Number: 31199011488 Status: Underutilized Cheatham Lock Status: Underutilized Directions: Jones Mill Road Nashville Co: Davidson TN 37207 Directions: Big Bottom Road Reasons: Floodway Landholding Agency: COE Property Number: 31200020006 Reasons: Within airport runway clear zone, Tracts 245, 257, and 256 Status: Underutilized Floodway J. Perry Priest Dam and Reservoir Reasons: Floodway Tracts 710C and 712C Cook Recreation Area Sullivan Island Nashville Co: Davidson TN 37214 Tract F–608 Cordell Hull Lake and Dam Project Landholding Agency: COE Cheatham Lock Carthage Co: Smith TN 37030 Property Number: 31199011497 Ashland Co: Cheatham TN 37015 Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 31199011489 Directions: 2.2 miles south of Interstate 40 Property Number: 31200420021 Status: Unutilized near Saunders Ferry Pike Status: Unutilized Directions: Sullivan Bend Road Reasons: Floodway Reasons: Floodway Reasons: Floodway Tracts 107, 109 and 110 Tracts G702–G706 Tract 2403, Hensley Creek Cordell Hull Lake and Dam Project Cheatham Lock Cordell Hull Lake and Dam Project Two Prong Ashland Co: Cheatham TN 37015 Landholding Agency: COE Gainesboro Co: Jackson TN 38562 Carthage Co: Smith TN 37030 Property Number: 31200420022 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31199011490 Property Number: 31199011498 Reasons: Floodway Status: Unutilized Status: Unutilized Directions: TN Highway 85 Directions: U.S. Highway 85 6 Tracts Reasons: Floodway Reasons: Floodway Shutes Branch Campground Lakewood Co: Wilson TN Tracts 2117C, 2118 and 2120 Tracts 2919 and 2929 Landholding Agency: COE Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Property Number: 31200420023 Trace Creek Sugar Creek Status: Unutilized Gainesboro Co: Jackson TN 38562 Gainesboro Co: Jackson TN 38562 Reasons: Floodway Landholding Agency: COE Landholding Agency: COE Property Number: 31199011491 Property Number: 31199011500 Texas Status: Unutilized Status: Unutilized Tracts 104, 105–1, 105–2 Directions: Brooks Ferry Road Directions: Sugar Creek Road Joe Pool Lake Reasons: Floodway Reasons: Floodway null Co: Dallas TX Tracts 424, 425 and 426 Tracts 1218 and 1204 Landholding Agency: COE Cordell Hull Lake and Dam Project Cordell Hull Lake and Dam Project Property Number: 31199010397 Stone Bridge Granville—Alvin Yourk Road Status: Underutilized Carthage Co: Smith TN 37030 Granville Co: Jackson TN 38564 Reasons: Floodway Landholding Agency: COE Landholding Agency: COE Part of Tract 201–3 Property Number: 31199011492 Property Number: 31199011501 Joe Pool Lake Status: Unutilized Status: Unutilized null Co: Dallas TX

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Landholding Agency: COE Reasons: Floodway Route 60 East Property Number: 31199010398 Tract 706 Rural Co: Kanawha WV 25126 Status: Underutilized Granger Lake Landholding Agency: COE Reasons: Floodway Route 1, Box 172 Property Number: 31199011690 Part of Tract 323 Granger Co: Williamson TX 76530–9801 Status: Unutilized Joe Pool Lake Landholding Agency: COE Directions: 20 miles east of Charleston, W. null Co: Dallas TX Property Number: 31199010402 Virginia. Landholding Agency: COE Status: Unutilized Reasons: Other—.03 acres; very narrow strip Property Number: 31199010399 Reasons: Floodway of land Status: Underutilized West Virginia Portion of Tract #101 Reasons: Floodway Morgantown Lock and Dam Buckeye Creek Tract 702–3 Box 3 RD #2 Sutton Co: Braxton WV 26601 Landholding Agency: COE Granger Lake Morgantown Co: Monongahelia WV 26505 Property Number: 31199810006 Route 1, Box 172 Landholding Agency: COE Status: Excess Granger Co: Williamson TX 76530–9801 Property Number: 31199011530 Reasons: Other—inaccessible Landholding Agency: COE Status: Unutilized Property Number: 31199010401 Reasons: Floodway [FR Doc. 2010–21062 Filed 8–26–10; 8:45 am] Status: Unutilized London Lock and Dam BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 75, No. 166 Friday, August 27, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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 3 CFR Proposed Rules: Executive orders and proclamations 741–6000 26...... 51958 Proclamations: The United States Government Manual 741–6000 37...... 47494 8544...... 46835 431...... 51423 Other Services 8545...... 48855 Electronic and on-line services (voice) 741–6020 8546...... 50843 11 CFR Privacy Act Compilation 741–6064 8547...... 52211 9405...... 49813 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders: 9407...... 49813 TTY for the deaf-and-hard-of-hearing 741–6086 13549...... 51609 9409...... 49813 13550...... 51615 9410...... 49813 ELECTRONIC RESEARCH Administrative Orders: 9420...... 49813 Memorandums: 9428...... 49813 World Wide Web Full text of the daily Federal Register, CFR and other publications Memo. of August 3, Proposed Rules: is located at: http://www.gpoaccess.gov/nara/index.html 2010 ...... 47433 9428...... 47729 Memo. of August 17, Federal Register information and research tools, including Public 2010 ...... 51617 12 CFR Inspection List, indexes, and links to GPO Access are located at: Notices: 34...... 51623 http://www.archives.gov/federallregister Notice of August 12, 205...... 50683 E-mail 2010 ...... 50681 208...... 51623 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 211...... 51623 an open e-mail service that provides subscribers with a digital 5 CFR 226...... 46837 form of the Federal Register Table of Contents. The digital form Ch. LXXX...... 52607 328...... 49363 of the Federal Register Table of Contents includes HTML and 532...... 49351 330...... 49363 PDF links to the full text of each document. 2416...... 48273 347...... 49363 To join or leave, go to http://listserv.access.gpo.gov and select 8301...... 51369 365...... 51623 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: 563...... 51623 (or change settings); then follow the instructions. 532...... 45557 610...... 51623 PENS (Public Law Electronic Notification Service) is an e-mail 701...... 47171 service that notifies subscribers of recently enacted laws. 6 CFR 707...... 47173 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 ...... 50845, 50846, 51619 741...... 51623 and select Join or leave the list (or change settings); then follow 761...... 51623 7 CFR the instructions. Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 46...... 51917 1...... 49423 respond to specific inquiries. 205...... 51919 3...... 52283 Reference questions. Send questions and comments about the 305...... 52213 16...... 49423 Federal Register system to: [email protected] 457...... 52218 28...... 49423 The Federal Register staff cannot interpret specific documents or 652...... 48273 208...... 52283 regulations. 922...... 51924 225...... 52283 Reminders. Effective January 1, 2009, the Reminders, including 984...... 51926 325...... 52283 Rules Going Into Effect and Comments Due Next Week, no longer 1000...... 51929 567...... 52283 appear in the Reader Aids section of the Federal Register. This 1423...... 50847 614...... 50936 information can be found online at http://www.regulations.gov. 1427...... 50847 741...... 47236 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 1980...... 52429 750...... 47236 longer appears in the Federal Register. This information can be 3022...... 49357 908...... 49314 found online at http://bookstore.gpo.gov/. Proposed Rules: 1209...... 49314 46...... 51693 1213...... 47495 FEDERAL REGISTER PAGES AND DATE, AUGUST 357...... 46859 1780...... 49314 993...... 51956 45047–45474...... 2 51609–51916...... 23 989...... 47490 13 CFR 45475–46836...... 3 51917–52210...... 24 121...... 48549 46837–47170...... 4 52211–52428...... 25 8 CFR 134...... 47435 47171–47432...... 5 214...... 47699 52429–52606...... 26 14 CFR 47433–47698...... 6 52607–52856...... 27 217...... 47701 47699–48272...... 9 274a...... 47699 21...... 50688 48273–48548...... 10 23...... 50850, 50853 48549–48856...... 11 9 CFR 25 ...... 46838, 46840, 47176, 48857–49350...... 12 Proposed Rules: 49815, 52614 49351–49812...... 13 307...... 47726 29...... 50688 49813–50682...... 16 381...... 47726 39 ...... 47180, 47182, 47184, 50683–50842...... 17 590...... 47726 47190, 47194, 47197, 47199, 50843–51170...... 18 47201, 47203, 47207, 47208, 51171–51368...... 19 10 CFR 49365, 49368, 49370, 49375, 51369–51608...... 20 72...... 49813 49377, 50854, 50856, 50859,

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50863, 50865, 50867, 50869, 19 CFR 27 CFR 36 CFR 50871, 50874, 50877, 50878, 4...... 52446 Proposed Rules: 242...... 48857, 52627 51651, 51654, 51656, 51657, 10...... 50695, 52446 478...... 47254 51659, 51931, 52233, 52235, 12...... 52446, 52453 37 CFR 52238, 52240, 52242, 52246, 28 CFR 18...... 52446 201...... 47464, 52267 52250, 52253, 52255, 52263, 24...... 50695 2...... 51179 52435 101...... 52446 79...... 48274 38 CFR 71 ...... 47709, 48550, 48551, 103...... 52446 29 CFR 17...... 52627 50694, 51171, 51172, 51173, 111...... 52456 51174, 51175, 51176, 51177, 118...... 52446 1926...... 47906 39 CFR 51661, 51662 122...... 52446 4022...... 49407 111 ...... 47717, 51668, 51947 91...... 48552, 48857 141...... 52446 Proposed Rules: 95...... 52437 146...... 52446 404...... 48416 40 CFR 97 ...... 45047, 45049, 51663, 159...... 52446 4062...... 48283 51666 Ch. I ...... 49556 162...... 50695, 52446 4063...... 48283 35...... 49414 Proposed Rules: 163...... 50695, 52453 25...... 49865 30 CFR 52 ...... 45057, 45480, 45483, 178...... 50695 46845, 47218, 48566, 48579, 33...... 49865 192...... 52446 938...... 48526 39 ...... 45075, 45558, 45560, 48582, 48860, 48864, 50708, Proposed Rules: 50711, 51949, 52467, 52470 46861, 46864, 46868, 46873, 20 CFR 56...... 49429 47242, 47245, 47247, 47249, 55...... 51950 404...... 52619 57...... 49429 63...... 51570 47734, 48281, 48615, 48617, 938...... 46877 48618, 48620, 48623, 50941, Proposed Rules: 70...... 48582 50942, 50945, 51187, 51693, 1...... 49596 31 CFR 81...... 45485, 47218 10...... 49596 180 ...... 46847, 47465, 47475, 51696, 51698, 51701, 51705, 215...... 51373 25...... 49596 50884, 50891, 50896, 50902, 52290, 52292, 52480, 52482, 317...... 52459 50914, 50922, 50926, 51382, 52652 404...... 51336 351...... 52459 51388, 52269 71 ...... 47252, 47736, 47737, 416...... 51336 353...... 52459 49866, 49868, 50947, 50948, 672...... 52671 359...... 52459 258...... 50930 52484, 52654 701...... 50718 560...... 48562 261...... 51671, 51678 234...... 45562 561...... 49836 271...... 47223, 50932 21 CFR 244...... 45562 272 ...... 45489, 47223, 51392 Proposed Rules: 300...... 47482, 48867 250...... 45562 510...... 52621 10...... 51713 1515...... 48585 259...... 45562 520...... 52621 50...... 45563 399...... 45562 522...... 52621 Proposed Rules: 1308...... 47451 32 CFR 2...... 52619 15 CFR Proposed Rules: 199 ...... 47452, 47458, 47460, 49...... 48880 734...... 45052 870...... 52294 47710, 47712, 50880, 50882, 51 ...... 45075, 45210, 51960 748...... 45052 884...... 52294 50883 52 ...... 45075, 45076, 45080, 892...... 52294 706...... 47210 45082, 45210, 45568, 46880, 16 CFR 1308...... 47503 Proposed Rules: 48627, 48628, 48894, 48895, 50730, 51188, 52692, 52701 305...... 49818 68...... 47504 22 CFR 161...... 47515 55...... 51968 310...... 48458, 51934 60...... 47520 1215...... 51177 40...... 45475 199...... 47519, 50950 42...... 45475 70...... 48628 1216...... 51178 33 CFR 62...... 48555 72...... 45075, 45210 1420...... 52616 78...... 45075, 45210 1500...... 49379 120...... 46843 1...... 49408 124...... 52622 3 ...... 47211, 48564, 50884 81 ...... 45571, 46881, 47746 Proposed Rules: 93...... 49435 698...... 52655 125...... 52622, 52625 100 ...... 47212, 47215, 50700, 126...... 52622 51936 97...... 45075, 45210 98...... 48744 17 CFR 129...... 52622 114...... 49408 115...... 49408 112...... 45572 200...... 47444, 49820 Proposed Rules: 131...... 45579 124...... 48625 116...... 49408 201...... 47444 257...... 51434 126...... 48625 117 ...... 45477, 47217, 47461, 202...... 47444 48276, 49408, 50700, 50707, 261...... 51434 275...... 49234 24 CFR 51938, 51940, 51942, 52461 264...... 51434 279...... 49234 118...... 49408 265...... 51434 200...... 51914 Proposed Rules: 138...... 49411 268...... 51434 1 ...... 47738, 50718, 50950, Proposed Rules: 147...... 50700, 51943 271...... 47256, 51434 51429 401...... 52689 150...... 51374 272...... 45583, 47256 20...... 50950 165 ...... 45055, 45478, 47211, 300...... 47521, 48895 26 CFR 30...... 47738 47713, 47715, 48564, 49412, 302...... 51434 140...... 47738 1 ...... 49380, 49394, 49821, 49843, 49847, 49848, 50700, 704...... 49656 151...... 50950 51934, 52266, 52267 50884, 51180, 51374, 51377, 710...... 49656 210...... 47064 31...... 49821 51379, 51945, 52462, 52463, 711...... 49656 239...... 47064 53...... 46844 52465 799...... 51734 240...... 47064, 51429 54...... 46844 Proposed Rules: 1039...... 47520 249...... 47064 301...... 49821, 52458 165...... 50952 1042...... 47520 270...... 47064 602...... 49380, 49394 173...... 49869 1065...... 47520 274...... 47064 Proposed Rules: 174...... 49869 1068...... 47520 1 ...... 49427, 49428, 51433, 181...... 49869 18 CFR 41 CFR 51707, 52485 187...... 49869 11...... 48553 31...... 51707, 52485 102-117...... 51392 376...... 48553 40...... 51707, 52485 34 CFR Proposed Rules: 300...... 48880 Proposed Rules: 42 CFR 35...... 47499 301 ...... 51707, 52485, 52486 222...... 49432 410...... 45700, 49030

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412...... 50042 2525...... 51395 101...... 52186 Proposed Rules: 413...... 49030, 50042 2526...... 51395 27...... 47753 414...... 49030 2527...... 51395 48 CFR 37...... 47753 415...... 50042 2528...... 51395 202...... 51416, 52650 38...... 47753 416...... 45700 2529...... 51395 205...... 45072 171...... 52070 419...... 45700 2530...... 51395 207...... 45072 172...... 52070 424...... 50042, 52629 2531...... 51395 208...... 45072 173...... 52070 431...... 48816 2532...... 51395 209...... 45072 175...... 52070 440...... 50042 2533...... 51395 211...... 45072 176...... 52070 441...... 50042 2534...... 51395 212...... 51416, 52650 178...... 52070 447...... 48816 2550...... 51395 215 ...... 45072, 48276, 48278 180...... 52070 457...... 48816 2551...... 51395 216...... 45072 192...... 45591 217...... 45072, 48276 482...... 50042 2552...... 51395 213...... 52490 219...... 45072 485...... 50042 Proposed Rules: 541...... 50733 225...... 45072, 48279 489...... 50042 170...... 45584 228...... 45072 571...... 50958 Proposed Rules: 231...... 48278 578...... 49879 73...... 50730 46 CFR 232...... 45072 405...... 52487 Proposed Rules: 234...... 51416, 52650 409...... 52487 50 CFR 401...... 51191 237...... 45072 410...... 46169, 52487 17 ...... 45497, 50814, 52272 243...... 48276 411...... 46169, 52487 47 CFR 83...... 51420 246...... 45072 412...... 46169, 52487 1...... 45494 247...... 51416 100...... 48857, 52627 413...... 46169, 49215 2...... 45058 250...... 45072 218...... 45527 414...... 52487 25...... 45058 252 ...... 45072, 48278, 48279, 600...... 50715 415...... 52487 27...... 45058 49849, 51416 622...... 50934 416...... 46169 73...... 47488, 52649 541...... 48872 635...... 50715, 51182 419...... 46169 95...... 52472 552...... 48872 648 ...... 48613, 48874, 49420, 424...... 52487 97...... 46854 Ch. 14 ...... 48873 51683, 52650 482...... 46169 660...... 51183, 51684 101...... 45496 Proposed Rules: 489...... 46169 Proposed Rules: 4...... 50731 679 ...... 49422, 51185, 52478 Ch. I ...... 49870 680...... 50716 44 CFR Ch. 34 ...... 51884 1 ...... 45590, 47142, 49871, Proposed Rules: 64...... 49417 52186 49 CFR 17 ...... 45592, 46844, 48294, 204...... 50713 2...... 49871 40...... 49850 48896, 48914, 50739, 51204, Proposed Rules: 25...... 49871 192...... 48593 51223, 51969 67...... 47751, 50955 27...... 47142 193...... 48593 20...... 47682, 52398 54...... 48236 195...... 48593 253...... 52300 45 CFR 61...... 48629 390...... 51419 622...... 49447, 49883 1611...... 47487 64...... 48629, 51735 541...... 47720 648...... 48920 2510...... 51395 73...... 46885 594...... 48608 665...... 45085, 51237 2518...... 51395 74...... 52186 595...... 47489 679...... 51741 2522...... 51395 95...... 47142 830...... 51953 680...... 48298

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www.gpoaccess.gov/plaws/ the Elbert P. Tuttle United (Aug. 16, 2010; 124 Stat. index.html. Some laws may States Court of Appeals 2497) LIST OF PUBLIC LAWS not yet be available. Building in Atlanta, Georgia, as the ‘‘John C. Godbold Last List August 16, 2010 This is a continuing list of H.R. 511/P.L. 111–231 Federal Building’’. (Aug. 16, public bills from the current To authorize the Secretary of 2010; 124 Stat. 2494) session of Congress which Agriculture to terminate certain H.R. 5278/P.L. 111–235 have become Federal laws. It easements held by the Public Laws Electronic may be used in conjunction Secretary on land owned by To designate the facility of the Notification Service with ‘‘P L U S’’ (Public Laws the Village of Caseyville, United States Postal Service Update Service) on 202–741– Illinois, and to terminate located at 405 West Second (PENS) 6043. This list is also associated contractual Street in Dixon, Illinois, as the available online at http:// arrangements with the Village. ‘‘President Ronald W. Reagan www.archives.gov/federal- (Aug. 16, 2010; 124 Stat. Post Office Building’’. (Aug. PENS is a free electronic mail register/laws.html. 2489) 16, 2010; 124 Stat. 2495) notification service of newly H.R. 2097/P.L. 111–232 The text of laws is not H.R. 5395/P.L. 111–236 enacted public laws. To Star-Spangled Banner subscribe, go to http:// published in the Federal To designate the facility of the Commemorative Coin Act listserv.gsa.gov/archives/ Register but may be ordered United States Postal Service (Aug. 16, 2010; 124 Stat. publaws-l.html in ‘‘slip law’’ (individual located at 151 North Maitland pamphlet) form from the 2490) H.R. 3509/P.L. 111–233 Avenue in Maitland, Florida, Superintendent of Documents, as the ‘‘Paula Hawkins Post Note: This service is strictly Agricultural Credit Act of 2010 U.S. Government Printing Office Building’’. (Aug. 16, for E-mail notification of new (Aug. 16, 2010; 124 Stat. Office, Washington, DC 20402 2010; 124 Stat. 2496) laws. The text of laws is not (phone, 202–512–1808). The 2493) available through this service. text will also be made H.R. 4275/P.L. 111–234 H.R. 5552/P.L. 111–237 PENS cannot respond to available on the Internet from To designate the annex Firearms Excise Tax specific inquiries sent to this GPO Access at http:// building under construction for Improvement Act of 2010 address.

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