5–21–10 Vol. 75 No. 98 Friday May 21, 2010 Pages 28463–28750

5–21–10 Friday Vol. 75 No. 98 May 21, 2010

Pages 28463–28750

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Contents Federal Register Vol. 75, No. 98

Friday, May 21, 2010

Agriculture Department NOTICES See Forest Service Funding Opportunity: See Rural Housing Service Brigade Basing Remediation—Support for Public Entities, 28590–28592 Army Department See Engineers Corps Education Department RULES Blind or Severely Disabled, Committee for Purchase From Teacher Incentive Fund, 28714–28739 People Who Are NOTICES See Committee for Purchase From People Who Are Blind or Applications for New Awards (FY 2010): Severely Disabled Ready-to-Learn Television Program; Correction, 28594 Teacher Incentive Fund: Broadcasting Board of Governors Applications for New Awards for Fiscal Year (FY) 2010, NOTICES 28740–28749 Meetings; Sunshine Act; Canceled, 28543 Election Assistance Commission Centers for Disease Control and Prevention NOTICES NOTICES Meetings; Sunshine Act, 28594–28595 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28620–28622 Employment and Training Administration Disease, Disability, and Injury Prevention and Control NOTICES Special Emphasis Panel: Amended Certification Regarding Eligibility to Apply for Conducting Public Health Research in Kenya; Funding Worker Adjustment Assistance and Alternative Trade Opportunity Announcement, 28622 Adjustment Assistance: Meetings: Chrysler LLC, St. Louis North Assembly Plant., et al., Disease, Disability and Injury Prevention and Control Fenton, MO, 28654–28655 Special Emphasis Panel, 28625–28626 Amended Certification Regarding Eligibility to Apply for Disease, Disability, and Injury Prevention and Control Worker Adjustment Assistance: Special Interest Projects, 28626–28627 Amphenol Printed Circuits Inc., et al., Nashua, NH, Subcommittee on Procedures Review, Advisory Board on 28656 Radiation and Worker Health, 28626 Dell Products IP, et al., Austin and Round Rock, TX, 28657 Commerce Department Delphi Packard Electrical/Electronic Architecture, et al., See Foreign-Trade Zones Board Warren, OH, 28655–28656 See Industry and Security Bureau Indalex, Inc., Girard, OH, 28656 See International Trade Administration New United Motor Manufacturing, Inc., et al., Fremont, See National Oceanic and Atmospheric Administration CA, 28656–28657 See Patent and Trademark Office Rexam Closure Systems, Inc., et al., Hamlet, NC, 28655 Committee for Purchase From People Who Are Blind or Investigations Regarding Certifications of Eligibility To Severely Disabled Apply for Worker Adjustment Assistance, 28657–28659 NOTICES Negative Determination Regarding Application for Procurement List; Additions and Deletions, 28589–28590 Reconsideration: Ceda-Pine Veneer Inc., Sandpoint, ID, 28661 Committee for the Implementation of Textile Agreements NOTICES Energy Department Procedures for Considering Requests from the Public for See Federal Energy Regulatory Commission Textile and Apparel Safeguard Actions on Imports from Oman, 28544–28547 Engineers Corps NOTICES Commodity Futures Trading Commission Meetings: NOTICES Board on Coastal Engineering Research, 28593–28594 Meetings: Missouri River Authorized Purposes Study, Missouri Joint CFTC–SEC Advisory Committee on Emerging River Basin, 28592–28593 Regulatory Issues, 28667–28668 Environmental Protection Agency Comptroller of the Currency RULES NOTICES Exemption from Requirement of Tolerance: Agency Information Collection Activities; Proposals, Silver Nitrate, 28488–28492 Submissions, and Approvals, 28612–28616 PROPOSED RULES Revisions to California State Implementation Plan: Defense Department San Joaquin Valley Unified Air Pollution Control District, See Engineers Corps 28509–28511

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NOTICES NOTICES Agency Information Collection Activities; Proposals, Amendment No. 1 to Emergency Declaration: Submissions, and Approvals: North Dakota, 28627 NESHAP for Commercial Ethylene Oxide Sterilization Amendment No. 1 to Major Disaster Declaration: and Fumigation Operations (Renewal), 28607–28608 Alabama, 28628 NESHAP for Off-Site Waste and Recovery Operations California, 28627 (Renewal), 28606–28607 Kentucky, 28627–28628 NESHAP for Pharmaceutical Production (Renewal), Amendment No. 2 to Major Disaster Declaration: 28605–28606 Maryland, 28628 Application for Emergency Exemption, Solicitation of New Jersey, 28628–28629 Public Comment: Amendment No. 5 to Major Disaster Declaration: Calcium Hydroxide, 28608–28610 Tennessee, 28629 Draft EPA’s Reanalysis of Key Issues Related to Dioxin Amendment No. 6 to Major Disaster Declaration: Toxicity and Response to NAS Comments, 28610– Tennessee, 28629 28612 Major Disaster and Related Determinations: Environmental Impact Statements; Availability, etc.: Alabama, 28629–28630 Weekly Receipt, 28612 California, 28630 Maryland, 28630–28631 Federal Aviation Administration RULES Federal Energy Regulatory Commission Airworthiness Directives: NOTICES Airbus Model A300 Series Airplanes; Model A300 B4– Applications: 600, B4–600R, F4–600R Series Airplanes, etc., Bryant Mountain LLC, 28596–28597 28480–28483 City of Idaho Falls, 28595 Airbus Model A330–200 and –300 Series Airplanes, and Georgia Power Co., 28597–28598 Model A340–300 Series Airplanes, 28475–28478 Public Utility District No. 1 of Snohomish County, 28597 BAE SYSTEMS (Operations) Limited Model BAe 146 Tidewalker Associates, 28596 Airplanes and Model Avro 146–RJ Airplanes, 28463– Williston Basin Interstate Pipeline Co., 28598–28599 28465 Wisconsin Power River Co., 28595–28596 Bombardier, Inc. Model CL–600–1A11 (CL–600), CL–600– Baseline Filings: 2A12 (CL–601), etc. Airplanes, 28471–28475 Acacia Natural Gas Corp, 28599 Dassault–Aviation Model FALCON 2000 and FALCON Combined Filings: 2000EX Airplanes, 28465–28469 Electric Corporate, 28599–28601 Dowty Propellers R175/4–30–4/13; R175/4–30–4/13e; Compliance Filings: R184/4–30–4/50; R193/4–30–4/50, et al., Model Corning Natural Gas Corp., 28602 Propellers, 28483–28485 Cranberry Pipeline Corporation, 28601–28602 Eurocopter France (ECF) Model AS332L1 and AS332L2 PELICO Pipeline, LLC, 28602 Helicopters, 28478–28480 Environmental Assessments; Availability, etc.: Eurocopter France Model AS332L2 Helicopters, 28469– Bully Camp Gas Storage Project, 28602–28603 28471 City of Spearfish, SD, 28603–28604 Gulfstream Aerospace LP (Type Certificate Previously Petitions for Declaratory Orders: Held by Israel Aircraft Industries, Ltd.), etc., 28485– Southern California Edison Co., et al., 28604 28488 PROPOSED RULES United Illuminating Co., 28604–28605 Airworthiness Directives: Federal Maritime Commission Hawker Beechcraft Corp. (Type Certificate No. A00010WI PROPOSED RULES Previously Held By Raytheon Aircraft Company) NVOCC Negotiated Rate Arrangements; notice of meeting Model 390 Airplanes, 28506–28509 schedule, 28516–28517 Various Aircraft Equipped with Rotax Aircraft Engines 912 A Series Engines, 28504–28506 Federal Motor Carrier Safety Administration Federal Communications Commission RULES PROPOSED RULES Medical Certification Requirements as Part of the 2004 and 2006 Biennial Regulatory Reviews: Commercial Drivers License (CDL); Technical, Streamlining and Other Revisions of Commission’s Rules Organizational, and Conforming Amendments, 28499– Governing Construction, Marking, and Lighting of 28502 Antenna Structures etc., 28517–28540 NOTICES Qualification of Drivers; Exemption Applications: Federal Deposit Insurance Corporation Diabetes Mellitus, 28684–28685 NOTICES Vision, 28682–28684 Agency Information Collection Activities; Proposals, Qualification of Drivers; Exemption Applications: Submissions, and Approvals, 28612–28616 Diabetes Mellitus, 28677–28682 Federal Emergency Management Agency Federal Reserve System RULES NOTICES Final Flood Elevation Determinations, 28497–28499 Agency Information Collection Activities; Proposals, Suspension of Community Eligibility, 28492–28497 Submissions, and Approvals, 28612–28616 PROPOSED RULES Change in Bank Control Notices; Acquisition of Shares of Proposed Flood Elevation Determinations, 28511–28516 Bank or Bank Holding Companies, 28616

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Proposals to Engage in Permissible Nonbanking Activities Homeland Security Department or to Acquire Companies Engaged, etc., 28616 See Federal Emergency Management Agency

Federal Trade Commission Housing and Urban Development Department NOTICES NOTICES Analysis of the Agreement Containing Consent Order to Agency Information Collection Activities; Proposals, Aid Public Comment: Submissions, and Approvals: Agilent Technologies, Inc., 28616–28619 Indian Housing Block Grant Program, 28631–28632 Federal Housing Administration: Federal Transit Administration Temporary Exemption from Compliance with FHA’s NOTICES Regulation on Property Flipping, 28632–28634 Agency Information Collection Activities; Proposals, Federal Property Suitable as Facilities to Assist the Submissions, and Approvals, 28673–28674 Homeless, 28634–28636 Industry and Security Bureau Fish and Wildlife Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Endangered and Threatened Wildlife and Plants: Submissions, and Approvals: Initiation of 5-Year Reviews of 34 Species in California Delivery Verification Procedure, 28550–28551 and Nevada, etc., 28636–28642 International Import Certificate, 28550 Environmental Assessments; Availability, etc.: Limiting Mountain Lion Predation on Desert Bighorn Interior Department Sheep on Kofa National Wildlife Refuge, Yuma and See Fish and Wildlife Service La Paz Counties, AZ, 28642–28643 See Land Management Bureau Environmental Assessments; Availability: See National Park Service Pine Island, Matlacha Pass, Island Bay, and Caloosahatchee National Wildlife Refuges, FL, International Trade Administration 28643–28647 NOTICES Receipt of Applications for Permit, 28650–28651 Aerospace Supplier Mission to Russia, 28547–28548 Amended Final Determination of Sales at Less Than Fair Food and Drug Administration Value and Antidumping Duty Order: NOTICES Certain Oil Country Tubular Goods from the People’s FDA Transparency Initiative: Republic of China, 28551–28554 Draft Proposals for Public Comment Regarding Disclosure Executive Green ICT and Energy Efficiency Trade Mission: Policies, etc., 28622–28623 Mexico City, Mexico, 28555–28557 Extension of Time Limit for Final Results of Antidumping Foreign-Trade Zones Board Duty Administrative Review: NOTICES Circular Welded Carbon Steel Pipes and Tubes from Applications for Subzones: Thailand, 28557 Foreign-Trade Zone 50 Long Beach, CA, Louisville Final Affirmative Countervailing Duty Determination: Bedding Company (Household Bedding Products), Pre-Stressed Concrete Steel Wire Strand from the Ontario, California, 28554 People’s Republic of China, 28557–28560 Reorganization of Foreign-Trade Zone 2 under Alternative Final Determination of Sales at Less Than Fair Value: Prestressed Concrete Steel Wire Strand from the People’s Site Framework: Republic of China, 28560–28564 New Orleans, Louisiana, Area, 28568 Partial Rescission of Antidumping Duty Administrative Review: Forest Service New Pneumatic Off-the-Road Tires from People’s NOTICES Republic of China, 28567–28568 Meetings: GMUG Resource Advisory Committee, 28543 International Trade Commission Ravalli County Resource Advisory Committee, 28543 NOTICES Superior Resource Advisory Committee, 28542 Investigations: Certain Electronic Paper Towel Dispensing Devices and Health and Human Services Department Components Thereof, 28651–28652 See Centers for Disease Control and Prevention Certain Environmental Goods; Probable Economic Effect See Food and Drug Administration of Duty-Free Treatment for U.S. Imports, etc., 28652– See National Institutes of Health 28654 See Substance Abuse and Mental Health Services Certain Restraining Systems for Transport, Components Administration Thereof, and Methods of Using Same, 28654 PROPOSED RULES Responsibility of Applicants for Promoting Objectivity in Labor Department Research for which Public Health Service Funding is See Employment and Training Administration Sought and Responsible Prospective Contractors, See Occupational Safety and Health Administration 28688–28712 NOTICES Land Management Bureau Meetings: NOTICES Advisory Committee on Blood Safety and Availability, Filing of Plats of Survey: 28619–28620 Oregon/Washington, 28647

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Meetings: Nuclear Regulatory Commission Coeur d’Alene District Resource Advisory Council, Idaho, NOTICES 28649 Environmental Impact Statements; Availability, etc.: State of Arizona Resource Advisory Council, 28649 License Amendment to Early Site Permit Issued to Proposed Reinstatement of Terminated Oil and Gas Lease: Southern Nuclear Operating Company et al., 28664– Wyoming, 28649–28650 28665 Realty Actions: Occupational Safety and Health Administration Proposed Direct Sale of Public Lands in Riverside NOTICES County, CA, 28650 Meetings: National Advisory Committee on Occupational Safety National Aeronautics and Space Administration and Health (NACOSH), 28659–28661 NOTICES Requests For Nominations: Government-Owned Inventions: National Advisory Committee on Occupational Safety Available for Licensing, 28663–28664 and Health (NACOSH), 28661–28663 Patent and Trademark Office National Highway Traffic Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Denial of Application for Renewal of Temporary Exemption Submissions, and Approvals, 28548–28550 from Federal Motor Vehicle Safety Standard (No. 108): Eliminations of Classification Requirements: Mercedes–Benz, U.S.A. LLC, 28674–28677 Green Technology Pilot Program, 28554–28555 Rural Housing Service National Institutes of Health NOTICES NOTICES Availability of Funds: Meetings: Section 533 Housing Preservation Grants for Fiscal Year Center for Scientific Review, 28623–28625 2010; correction, 28542 Securities and Exchange Commission National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Fisheries of the Exclusive Economic Zone Off Alaska: Submissions, and Approvals, 28665 Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Applications: Length Overall; etc., 28502–28503 Kinetics Mutual Funds, Inc., et al., 28665–28667 PROPOSED RULES Market Structure Roundtable, 28667 Fisheries in the Western Pacific: Meetings: Community Development Program Process, 28540–28541 Joint CFTC–SEC Advisory Committee on Emerging NOTICES Regulatory Issues, 28667–28668 Fisheries of the Northeast Region: Meetings; Sunshine Act, 28668–28669 Pacific Region, 28564 Self-Regulatory Organizations; Proposed Rule Changes: Fisheries of the South Atlantic and the Gulf of Mexico: BATS Exchange, Inc., 28670–28672 Southeast Data, Assessment, and Review; Spiny Lobster, NASDAQ OMX PHLX, Inc., 28669–28670 28565 State Department Incidental Taking of Marine Mammals: NOTICES Taking of Marine Mammals Incidental to the Explosive Determination Under Foreign Assistance Act and Removal of Offshore Structures in the Gulf of Department of State, Foreign Operations, and Related Mexico, 28566 Programs Appropriations Acts, 28672 Meetings: Lifting of Nonproliferation Measures Against Two Russian New England Fishery Management Council, 28566–28567 Entities, 28672 Pacific Fishery Management Council, 28567 Meetings: Takes of Marine Mammals Incidental to Specified Overseas Security Advisory Council, 28673 Activities: U.S. National Commission for UNESCO; Teleconference, Marine Geophysical Survey in the Northwest Pacific 28672–28673 Ocean (July through September, 2010), 28568–28587 Termination of Measures Against Russian Entity, 28673 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Missile Launch Substance Abuse and Mental Health Services Operations from San Nicolas Island, CA, 28587– Administration 28588 NOTICES Meetings: National Park Service Center for Substance Abuse Prevention, 28623 NOTICES Inventory Completion: Surface Transportation Board Peabody Museum of Archaeology and Ethnology, Harvard NOTICES University, Cambridge, MA, 28648–28649 Acquisition and Operation Exemptions: University of Colorado Museum, Boulder, CO, 28647– Carolina Coastal Railway, Inc., Morehead and South Fork 28648 Railroad Co.; Correction, 28673

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Textile Agreements Implementation Committee Veterans Affairs Department See Committee for the Implementation of Textile NOTICES Agreements Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, Thrift Supervision Office 28686 NOTICES Research Advisory Committee on Gulf War Veterans’ Agency Information Collection Activities; Proposals, Illnesses, 28686 Submissions, and Approvals, 28612–28616 Approval of Conversion Application: Colonial Bankshares, MHC, Vineland, New Jersey, 28685– Separate Parts In This Issue 28686 FedFirst Financial Corp., Monessen, Pennsylvania, 28686 Part II Oritania Financial Corp., MHC, Township of Washington, Health and Human Services Department, 28688–28712 New Jersey, 28685 Part III Education Department, 28714–28749 Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Reader Aids See Federal Transit Administration Consult the Reader Aids section at the end of this page for See National Highway Traffic Safety Administration phone numbers, online resources, finding aids, reminders, See Surface Transportation Board and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Treasury Department LISTSERV electronic mailing list, go to http:// See Comptroller of the Currency listserv.access.gpo.gov and select Online mailing list See Thrift Supervision Office archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

14 CFR 39 (9 documents) ...... 28643, 28465, 28469, 28471, 28475, 28478, 28480, 28483, 28485 Proposed Rules: 39 (2 documents) ...... 28504, 28506 34 CFR Ch. II ...... 28714 40 CFR 180...... 28488 Proposed Rules: 52...... 28509 42 CFR Proposed Rules: 50...... 28688 44 CFR 64...... 28492 67...... 28497 Proposed Rules: 67...... 28511 45 CFR Proposed Rules: 94...... 28688 46 CFR Proposed Rules: 520...... 28516 532...... 28516 47 CFR Proposed Rules: 1...... 28517 17...... 28517 49 CFR 383...... 28499 391...... 28499 50 CFR 679...... 28502 Proposed Rules: 665...... 28540

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Rules and Regulations Federal Register Vol. 75, No. 98

Friday, May 21, 2010

This section of the FEDERAL REGISTER cracking of certain structural elements is 98057–4056; telephone (425) 227–1175; contains regulatory documents having general detected and corrected, and to prevent fax (425) 227–1149. applicability and legal effect, most of which ignition sources in the fuel tanks; SUPPLEMENTARY INFORMATION: are keyed to and codified in the Code of fatigue cracking of certain structural Federal Regulations, which is published under elements could adversely affect the Discussion 50 titles pursuant to 44 U.S.C. 1510. structural integrity of these airplanes. The FAA issued a supplemental The Code of Federal Regulations is sold by DATES: This AD becomes effective June notice of proposed rulemaking (NPRM) the Superintendent of Documents. Prices of 25, 2010. to amend 14 CFR part 39 to include an new books are listed in the first FEDERAL The Director of the Federal Register AD that supersedes AD 2005–23–12, REGISTER issue of each week. approved the incorporation by reference Amendment 39–14370 (70 FR 70483, of a certain publication listed in the AD November 22, 2005). The existing AD as of June 25, 2010. applies to all BAE SYSTEMS DEPARTMENT OF TRANSPORTATION (Operations) Limited Model BAe 146 ADDRESSES: For BAE SYSTEMS airplanes and Model Avro 146–RJ Federal Aviation Administration (Operations) Limited service airplanes. That supplemental NPRM information identified in this AD, was published in the Federal Register 14 CFR Part 39 contact BAE Systems Regional Aircraft, on March 9, 2010 (75 FR 10701). That 13850 McLearen Road, Herndon, [Docket No. FAA–2008–0909; Directorate supplemental NPRM proposed to Virginia 20171; telephone 703–736– Identifier 2007–NM–363–AD; Amendment continue to require revising the 1080; e-mail 39–16301; AD 2010–10–22] Airworthiness Limitations Section [email protected]; Internet (ALS) of the Instructions for Continued RIN 2120–AA64 http://www.baesystems.com/Businesses/ Airworthiness to incorporate life limits RegionalAircraft/index.htm. for certain items and inspections to Airworthiness Directives; BAE For Messier-Dowty service detect fatigue cracking in certain SYSTEMS (Operations) Limited Model information identified in this AD, structures. That supplemental NPRM BAe 146 Airplanes and Model Avro contact Messier-Dowty Limited, proposed to require incorporating new 146–RJ Airplanes Cheltenham Road, Gloucester GL2 9QH, and more restrictive life limits for England; telephone +44(0)1452 712424; AGENCY: Federal Aviation certain items and for certain inspections fax +44(0)1452 713821; Internet Administration (FAA), Department of to detect fatigue cracking in certain https://techpubs.services.messier- Transportation (DOT). structures. That supplemental NPRM dowty.com. ACTION: Final rule. also proposed to require revising the Examining the AD Docket airworthiness limitations to include SUMMARY: The FAA is superseding an critical design configuration control You may examine the AD docket on existing airworthiness directive (AD), limitations for the fuel system. which applies to Model BAe 146 the Internet at http:// airplanes and Model Avro 146–RJ www.regulations.gov; or in person at the Comments airplanes. That AD currently requires Docket Management Facility between 9 We provided the public the revising the Airworthiness Limitations a.m. and 5 p.m., Monday through opportunity to participate in the Section (ALS) of the Instructions for Friday, except Federal holidays. The AD development of this AD. No comments Continued Airworthiness to incorporate docket contains this AD, the regulatory have been received on the supplemental life limits for certain items and evaluation, any comments received, and NPRM or on the determination of the inspections to detect fatigue cracking in other information. The address for the cost to the public. certain structures. This new AD requires Docket Office (telephone 800–647–5527) incorporating new and more restrictive is the Document Management Facility, Conclusion life limits for certain items and for U.S. Department of Transportation, We have carefully reviewed the certain inspections to detect fatigue Docket Operations, M–30, West available data and determined that air cracking in certain structures. This AD Building Ground Floor, Room W12–140, safety and the public interest require also requires revising the airworthiness 1200 New Jersey Avenue, SE., adopting the AD as proposed in the limitations to include critical design Washington, DC 20590. supplemental NPRM. configuration control limitations for the FOR FURTHER INFORMATION CONTACT: fuel system. This AD results from Todd Thompson, Aerospace Engineer, Costs of Compliance issuance of a later revision to the International Branch, ANM–116, FAA, The following table provides the airworthiness limitations. We are Transport Airplane Directorate, 1601 estimated costs for U.S. operators to issuing this AD to ensure that fatigue Lind Avenue, SW., Renton, Washington comply with this AD.

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ESTIMATED COSTS

Number of Average Cost per U.S.- Action Work hours labor rate Parts airplane registered Fleet cost per hour airplanes

ALS Revision (required by AD 1 $85 None...... $85 1 $85 2005–23–12). ALS Revision (new action) ...... 1 85 None ...... 85 1 85

Authority for This Rulemaking Adoption of the Amendment Unsafe Condition Title 49 of the United States Code ■ Accordingly, under the authority (e) This AD results from issuance of a later specifies the FAA’s authority to issue revision to the airworthiness limitations of delegated to me by the Administrator, the BAE SYSTEMS (Operations) Limited rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as BAe146 Series/Avro146–RJ Series Aircraft section 106, describes the authority of follows: Maintenance Manual (AMM), which the FAA Administrator. Subtitle VII, specifies new inspections and compliance Aviation Programs, describes in more PART 39—AIRWORTHINESS times for inspection and replacement actions. detail the scope of the Agency’s DIRECTIVES We are issuing this AD to ensure that fatigue authority. cracking of certain structural elements is ■ 1. The authority citation for part 39 We are issuing this rulemaking under detected and corrected, and to prevent continues to read as follows: the authority described in subtitle VII, ignition sources in the fuel tanks; fatigue Authority: 49 U.S.C. 106(g), 40113, 44701. cracking of certain structural elements could part A, subpart III, section 44701, adversely affect the structural integrity of ‘‘General requirements.’’ Under that § 39.13 [Amended] these airplanes. section, Congress charges the FAA with promoting safe flight of civil aircraft in ■ 2. The Federal Aviation Compliance air commerce by prescribing regulations Administration (FAA) amends § 39.13 (f) You are responsible for having the for practices, methods, and procedures by removing Amendment 39–14370 (70 actions required by this AD performed within the Administrator finds necessary for FR 70483, November 22, 2005) and by the compliance times specified, unless the actions have already been done. safety in air commerce. This regulation adding the following new airworthiness is within the scope of that authority directive (AD): RESTATEMENT OF CERTAIN because it addresses an unsafe condition 2010–10–22 BAE SYSTEMS (Operations) REQUIREMENTS OF AD 2005–23–12: that is likely to exist or develop on Limited: Amendment 39–16301. Docket Airworthiness Limitations Revision products identified in this rulemaking No. FAA–2008–0909; Directorate Identifier 2007–NM–363–AD. (g) Within 30 days after December 27, 2005 action. (the effective date of AD 2005–23–12), revise Regulatory Findings Effective Date the Airworthiness Limitations Section (ALS) (a) This AD becomes effective June 25, of the Instructions for Continued We have determined that this AD will 2010. Airworthiness to incorporate new and more not have federalism implications under restrictive life limits for certain items and Executive Order 13132. This AD will Affected ADs new and more restrictive inspections to not have a substantial direct effect on (b) This AD supersedes AD 2005–23–12, detect fatigue cracking in certain structures, the States, on the relationship between Amendment 39–14370. in accordance with a method approved by the Manager, International Branch, ANM– the national government and the States, Applicability 116, Transport Airplane Directorate, FAA; or or on the distribution of power and (c) This AD applies to all BAE SYSTEMS the Civil Aviation Authority (or its delegated responsibilities among the various (Operations) Limited Model BAe 146–100A, agent). levels of government. –200A, and –300A series airplanes; and NEW REQUIREMENTS OF THIS AD: For the reasons discussed above, I Model Avro 146–RJ70A, 146–RJ85A, and certify that this AD: 146–RJ100A airplanes; certificated in any New Airworthiness Limitations Revisions (1) Is not a ‘‘significant regulatory category. (h) Within 90 days after the effective date action’’ under Executive Order 12866; Note 1: This AD requires revisions to of this AD, revise Chapter 5 of the BAE (2) Is not a ‘‘significant rule’’ under certain operator maintenance documents to SYSTEMS (Operations) Limited BAe146 DOT Regulatory Policies and Procedures include new inspections. Compliance with Series/Avro146–RJ Series AMM to (44 FR 11034, February 26, 1979); and these inspections is required by 14 CFR incorporate new and more restrictive life 91.403(c). For airplanes that have been (3) Will not have a significant limits for certain items and new and more previously modified, altered, or repaired in restrictive inspections to detect fatigue economic impact, positive or negative, the areas addressed by these inspections, the cracking in certain structures, and to add fuel on a substantial number of small entities operator may not be able to accomplish the system critical design configuration control under the criteria of the Regulatory inspections described in the revisions. In this limitations (CDCCLs) to prevent ignition Flexibility Act. situation, to comply with 14 CFR 91.403(c), sources in the fuel tanks, in accordance with We prepared a regulatory evaluation the operator must request approval for an a method approved by the Manager, of the estimated costs to comply with alternative method of compliance (AMOC) International Branch, ANM–116, Transport this AD and placed it in the AD docket. according to paragraph (k) of this AD. The Airplane Directorate, FAA; or the European request should include a description of ADDRESSES Aviation Safety Agency (EASA) (or its See the section for a location changes to the required inspections that will to examine the regulatory evaluation. delegated agent). Incorporating the new and ensure the continued operational safety of more restrictive life limits and inspections List of Subjects in 14 CFR Part 39 the airplane. into the ALS terminates the requirements of paragraph (g) of this AD, and after Air transportation, Aircraft, Aviation Subject incorporation has been done, the limitations safety, Incorporation by reference, (d) Air Transport Association (ATA) of required by paragraph (g) of this AD may be Safety. America Code 05. removed from the ALS.

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Note 2: Guidance on revising Chapter 5 of Note 5: Within Sub-chapter 05–20–01 of this service information under 5 U.S.C. the BAE SYSTEMS (Operations) Limited the BAE SYSTEMS (Operations) Limited 552(a) and 1 CFR part 51. BAe146 Series/Avro146–RJ Series AMM, BAe146 Series/Avro146–RJ Series AMM, the (2) For Messier-Dowty service information Revision 97, dated July 15, 2009, can be relevant issue of BAE SYSTEMS (Operations) identified in this AD, contact Messier-Dowty found in the applicable sub-chapters listed in Limited BAe 146/Avro 146–RJ Maintenance Limited, Cheltenham Road, Gloucester GL2 Table 1 of this AD. Review Board Report Document MRB 146– 9QH, England; telephone +44(0)1452 712424; 01, Issue 2, is Revision 15, dated March 2009 fax +44(0)1452 713821; Internet https:// (mis-identified in EASA AD 2009–0215, techpubs.services.messier-dowty.com. TABLE 1—APPLICABLE AMM SUB- dated October 7, 2009, as being dated May (3) You may review copies of the service CHAPTERS 2009). information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Note 6: Notwithstanding any other Washington. For information on the AMM Sub- Subject chapter maintenance or operational requirements, availability of this material at the FAA, call components that have been identified as 425–227–1221. 05–10–01 ...... Airframe Airworthiness Limi- airworthy or installed on the affected (4) You may also review copies of the tations before Life Exten- airplanes before the revision of the ALS, as service information that is incorporated by sion Programme. required by paragraph (g) of this AD; or reference at the National Archives and 05–10–05 1 ..... Airframe Airworthiness Limi- before revision of Chapter 5 of the AMM, as Records Administration (NARA). For tations, Life Extension required by paragraph (h) of this AD; do not information on the availability of this Programme Landings Life need to be reworked in accordance with the material at NARA, call 202–741–6030, or go Extended. CDCCLs. However, once the ALS or AMM to: http://www.archives.gov/federal_register/ 05–10–10 2 ..... Airframe Airworthiness Limi- has been revised, future maintenance actions code_of_federal_regulations/ tations, Life Extension on these components must be done in ibr_locations.html. accordance with the CDCCLs. Programme Calendar Life Issued in Renton, Washington, on May 3, (i) Except as specified in paragraph (k) of Extended. 2010. 05–10–15 ...... Aircraft Equipment Airworthi- this AD: After the actions specified in Ali Bahrami, ness Limitations. paragraph (g) or (h) of this AD have been 05–10–17 ...... Power Plant Airworthiness accomplished, no alternative inspections or Manager, Transport Airplane Directorate, Limitations. inspection intervals may be approved for the Aircraft Certification Service. 05–15–00 ...... Critical Design Configuration structural elements specified in the [FR Doc. 2010–11356 Filed 5–20–10; 8:45 am] Control Limitations documents listed in paragraph (g) or (h) of BILLING CODE 4910–13–P (CDCCL)—Fuel System this AD. Description and Operation. (j) Modifying the main fittings of the main 05–20–00 3 ..... Scheduled Maintenance. landing gear in accordance with Messier- DEPARTMENT OF TRANSPORTATION 05–20–01 ...... Airframe Scheduled Mainte- Dowty Service Bulletin 146–32–171, dated nance—Before Life Exten- August 11, 2009, extends the safe limit of the Federal Aviation Administration sion Programme. main landing gear main fitting from 32,000 landings to 50,000 landings on the main 05–20–05 1 ..... Airframe Scheduled Mainte- fitting. 14 CFR Part 39 nance—Life Extension Programme Landings Life Alternative Methods of Compliance [Docket No. FAA–2009–0791; Directorate Extended. (AMOCs) Identifier 2008–NM–213–AD; Amendment 2 39–16303; AD 2010–10–24] 05–20–10 ..... Airframe Scheduled Mainte- (k) The Manager, International Branch, nance—Life Extension ANM–116, Transport Airplane Directorate, RIN 2120–AA64 Programme Calendar Life FAA, has the authority to approve AMOCs Extended. for this AD, if requested using the procedures Airworthiness Directives; Dassault- 05–20–15 ...... Aircraft Equipment Sched- found in 14 CFR 39.19. Send information to Aviation Model FALCON 2000 and uled Maintenance. ATTN: Todd Thompson, Aerospace FALCON 2000EX Airplanes 1 Applicable only to airplanes post-modifica- Engineer, International Branch, ANM–116, tion HCM20011A or HCM20012A or FAA, Transport Airplane Directorate, 1601 AGENCY: Federal Aviation HCM20013A. Lind Avenue, SW., Renton, Washington Administration (FAA), Department of 2 Applicable only to airplanes post-modifica- 98057–4056; telephone (425) 227–1175; fax Transportation (DOT). tion HCM20010A. (425) 227–1149. Before using any approved ACTION: Final rule. 3 Paragraphs 5 and 6 only, on the Corrosion AMOC on any airplane to which the AMOC Prevention and Control Program (CPCP) and applies, notify your principal maintenance SUMMARY: We are adopting a new the Supplemental Structural Inspection Docu- inspector (PMI) or principal avionics ment (SSID). airworthiness directive (AD) for the inspector (PAI), as appropriate, or lacking a products listed above. This AD results Note 3: Sub-chapter 05–15–00 of the BAE principal inspector, your local Flight Standards District Office. The AMOC from mandatory continuing SYSTEMS (Operations) Limited BAe146 airworthiness information (MCAI) Series/Avro146–RJ Series AMM, is the approval letter must specifically reference originated by an aviation authority of CDCCL. this AD. another country to identify and correct Note 4: Within Sub-chapter 05–20–00 of Related Information an unsafe condition on an aviation the BAE SYSTEMS (Operations) Limited (l) EASA Airworthiness Directive 2009– product. The MCAI describes the unsafe BAe146 Series/Avro146–RJ Series AMM, the 0215, dated October 7, 2009; and Messier- condition as: relevant issues of the support documents are Dowty Service Bulletin 146–32–171, dated as follows: BAE SYSTEMS (Operations) August 11, 2009; also address the subject of During the overhaul of a Main Landing Limited BAe 146 Series/Avro 146–RJ this AD. Gear (MLG) of a Falcon 2000, the sleeve on Corrosion Prevention and Control Program the hydraulic flow restrictor in the shock Document CPCP–146–01, Revision 3, dated Material Incorporated by Reference absorber was found displaced, because of the July 15, 2008, including BAE SYSTEMS (m) If you do the optional modification rupture of its three retaining screws. * * * (Operations) Limited Temporary Revision specified in this AD, you must use Messier- Failure of the retaining screws has been (TR) 2.1, dated December 2008; and BAE Dowty Service Bulletin 146–32–171, dated determined to be the final phase of a slow SYSTEMS (Operations) Limited BAe146 August 11, 2009, to do those actions, unless unscrewing process under normal Series Supplemental Structural Inspection the AD specifies otherwise. operational conditions. The unsafe condition Document SSID–146–01, Revision 1, dated (1) The Director of the Federal Register only exists once the three screws have failed. June 15, 2009. approved the incorporation by reference of * * * * *

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The unsafe condition is failure of three After qualification testing, modification repaired within 10 flight cycles after the retaining screws of the MLG shock M3120 has been approved by EASA as a damage is found. And, if three screws absorber, which could adversely affect definitive solution. are broken and the damping device is no the structural integrity of these As a consequence, the present AD retains the requirements of AD 2008–0178 which is longer attached, the repair must be done airplanes. We are issuing this AD to superseded and introduces M3120 as a before further flight. Extending the require actions to correct the unsafe terminating action to the repetitive compliance times for the repairs based condition on these products. inspections requirement, and further on the number of loose or broken screws DATES: This AD becomes effective June mandates its embodiment no later than the would not adversely affect airplane 25, 2010. next MLG shock absorber overhaul. safety. Therefore, we have changed the The Director of the Federal Register The unsafe condition is failure of three requirements specified in paragraphs approved the incorporation by reference retaining screws of the MLG shock (f)(1), (f)(2), and (f)(3) of this AD and of certain publications listed in this AD absorber, which could adversely affect added a new Table 1 to allow the repair as of June 25, 2010. the structural integrity of these to be done at the applicable compliance ADDRESSES: You may examine the AD airplanes. The repair can include times specified in the Accomplishment docket on the Internet at http:// additional inspections, modifying the Instructions of the applicable service www.regulations.gov or in person at the shock absorbers, and contacting the bulletin. We have reidentified U.S. Department of Transportation, manufacturer for repair instructions and subsequent tables accordingly. In Docket Operations, M–30, West doing the repair. You may obtain further addition, we have removed the Building Ground Floor, Room W12–140, information by examining the MCAI in compliance time difference specified in 1200 New Jersey Avenue, SE., the AD docket. paragraph (1) under Note 1 of the Washington, DC. Comments NPRM. FOR FURTHER INFORMATION CONTACT: Tom We gave the public the opportunity to Request To Change the Description of Rodriguez, Aerospace Engineer, the Unsafe Condition International Branch, ANM–116, participate in developing this AD. We considered the comments received. Transport Airplane Directorate, FAA, Dassault also asks that we revise the 1601 Lind Avenue, SW., Renton, Request To Extend Compliance Time NPRM to remove the language Washington 98057–3356; telephone Dassault-Aviation (Dassault) asks that describing the unsafe condition as (425) 227–1137; fax (425) 227–1149. we extend the compliance time for failure of three retaining screws of the SUPPLEMENTARY INFORMATION: repairing the shock absorber if any MLG shock absorber, which could result in collapse of the landing gear during Discussion damage is found from before further flight to the compliance times specified ground maneuvers or landing. Dassault We issued a notice of proposed in European Aviation Safety Agency states that, based on engineering rulemaking (NPRM) to amend 14 CFR (EASA) AD 2009–0050, dated March 5, studies, it believes that the failure or part 39 to include an AD that would 2009. Dassault states that requiring absence of these screws will not result apply to the specified products. That immediate repair of the shock absorber in collapse of the landing gear during NPRM was published in the Federal before further flight is unnecessary ground maneuvers or landing. Dassault Register on September 24, 2009 (74 FR because it has been established that a adds that, as specified in the EASA AD, 48668). That NPRM proposed to correct two-tier approach of prompt inspection the failure of these screws would only an unsafe condition for the specified followed by repair, if necessary, is a potentially affect the life of the airplane products. The MCAI states: more efficient means of addressing the structure under all landing conditions, During the overhaul of a Main Landing unsafe condition. Dassault adds that this particularly with respect to the Gear (MLG) of a Falcon 2000, the sleeve on requirement would cause scheduling combination of high landing weights the hydraulic flow restrictor in the shock issues at maintenance facilities with and high vertical speeds at touchdown. absorber was found displaced, because of the trained personnel available to perform Dassault notes that the current language rupture of its three retaining screws. In this situation, the energy dissipation function of the repair, and would result in in the NPRM has caused needless alarm the shock absorber is lost and high loads may unnecessary grounding of its airplanes. and concern among Model Falcon 2000 be transmitted to the aircraft structure during We agree with the commenter. The and Falcon 2000EX owners and landing. Structural integrity may thus not be compliance times referred to in EASA operators. guaranteed over the entire certified landing AD 2009–0050, and specified in We agree with the commenter for the conditions domain particularly in Dassault Mandatory Service Bulletins reasons provided. Based on those combination of high landing weight and high F2000–366, Revision 2; and F2000EX– reasons, we have changed the vertical speed. 167, Revision 1; both dated December 1, description of the unsafe condition Failure of the retaining screws has been 2008; are based on technical determined to be the final phase of a slow throughout this AD as follows: ‘‘The information and calculations unscrewing process under normal unsafe condition is failure of three coordinated between EASA and operational conditions. The unsafe condition retaining screws of the MLG shock Dassault. The compliance times for the only exists once the three screws have failed. absorber, which could adversely affect For the reasons described above, repairs are based on inspection results the structural integrity of these Airworthiness Directive (AD) 2008–0178 had showing the number of loose or broken been released to require a repetitive screws that attach the sleeve of the airplanes.’’ borescope inspection of the flow restriction damping device to the shock absorber. Explanation of Change Made to This system [for damage; such as condition of the If one, two, or three screws are loose AD sleeve of the dumping device, and broken or with a visible gap, the screws must be loose screws] and, if necessary, repair of the We have changed this AD to identify shock absorber per Dassault Aviation Service repaired within 12 months after the Bulletins (SB) F2000–367 and F2000EX–185 damage is found. If one screw is broken the legal name of the manufacturer as (corresponding to modification M3120) the screw must be repaired within 6 published in the most recent type developed with the landing gear months after the damage is found. If two certificate data sheet for the affected manufacturer’s instructions. * * * screws are broken, the screws must be airplane models.

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Conclusion section 106, describes the authority of Adoption of the Amendment the FAA Administrator. ‘‘Subtitle VII: We reviewed the available data, ■ Accordingly, under the authority Aviation Programs,’’ describes in more including the comments received, and delegated to me by the Administrator, detail the scope of the Agency’s determined that air safety and the the FAA amends 14 CFR part 39 as authority. public interest require adopting the AD follows: with the changes described previously. We are issuing this rulemaking under We determined that these changes will the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS not increase the economic burden on Part A, Subpart III, Section 44701: DIRECTIVES any operator or increase the scope of the General requirements.’’ Under that ■ AD. section, Congress charges the FAA with 1. The authority citation for part 39 continues to read as follows: Differences Between This AD and the promoting safe flight of civil aircraft in Authority: 49 U.S.C. 106(g), 40113, 44701. MCAI or Service Information air commerce by prescribing regulations for practices, methods, and procedures § 39.13 [Amended] We have reviewed the MCAI and the Administrator finds necessary for related service information and, in safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding general, agree with their substance. But is within the scope of that authority the following new AD: we might have found it necessary to use because it addresses an unsafe condition 2010–10–24 Dassault-Aviation: different words from those in the MCAI that is likely to exist or develop on Amendment 39–16303. Docket No. to ensure the AD is clear for U.S. products identified in this rulemaking FAA–2009–0791; Directorate Identifier operators and is enforceable. In making action. 2008–NM–213–AD. these changes, we do not intend to differ substantively from the information Regulatory Findings Effective Date provided in the MCAI and related (a) This airworthiness directive (AD) We determined that this AD will not service information. becomes effective June 25, 2010. We might also have required different have federalism implications under Executive Order 13132. This AD will Affected ADs actions in this AD from those in the (b) None. MCAI in order to follow our FAA not have a substantial direct effect on policies. Any such differences are the States, on the relationship between Applicability highlighted in a NOTE within the AD. the national government and the States, (c) This AD applies to all Dassault-Aviation or on the distribution of power and Model FALCON 2000 and FALCON 2000EX Explanation of Change to Costs of responsibilities among the various airplanes, certificated in any category. Compliance levels of government. Subject After the NPRM was issued, we For the reasons discussed above, I reviewed the figures we have used over (d) Air Transport Association (ATA) of certify this AD: America Code 32: Landing gear. the past several years to calculate AD 1. Is not a ‘‘significant regulatory Reason costs to operators. To account for action’’ under Executive Order 12866; various inflationary costs in the airline (e) The mandatory continuing industry, we find it necessary to 2. Is not a ‘‘significant rule’’ under the airworthiness information (MCAI) states: increase the labor rate used in these DOT Regulatory Policies and Procedures During the overhaul of a Main Landing calculations from $80 per work hour to (44 FR 11034, February 26, 1979); and Gear (MLG) of a Falcon 2000, the sleeve on $85 per work hour. The cost impact 3. Will not have a significant the hydraulic flow restrictor in the shock information, below, reflects this economic impact, positive or negative, absorber was found displaced, because of the rupture of its three retaining screws. In this increase in the specified hourly labor on a substantial number of small entities situation, the energy dissipation function of rate. under the criteria of the Regulatory the shock absorber is lost and high loads may Flexibility Act. Costs of Compliance be transmitted to the aircraft structure during We prepared a regulatory evaluation landing. Structural integrity may thus not be We estimate that this AD will affect of the estimated costs to comply with guaranteed over the entire certified landing 236 products of U.S. registry. We also this AD and placed it in the AD docket. conditions domain particularly in estimate that it will take about 25 work- combination of high landing weight and high hours per product to comply with the Examining the AD Docket vertical speed. basic requirements of this AD. The Failure of the retaining screws has been average labor rate is $85 per work-hour. You may examine the AD docket on determined to be the final phase of a slow Required parts will cost about $0 per the Internet at http:// unscrewing process under normal operational conditions. The unsafe condition product. Where the service information www.regulations.gov; or in person at the Docket Operations office between 9 a.m. only exists once the three screws have failed. lists required parts costs that are For the reasons described above, covered under warranty, we have and 5 p.m., Monday through Friday, except Federal holidays. The AD docket Airworthiness Directive (AD) 2008–0178 had assumed that there will be no charge for been released to require a repetitive these parts. As we do not control contains the NPRM, the regulatory borescope inspection of the flow restriction warranty coverage for affected parties, evaluation, any comments received, and system [for damage; such as condition of the some parties may incur costs higher other information. The street address for sleeve of the dumping device, and broken or than estimated here. Based on these the Docket Operations office (telephone loose screws] and, if necessary, repair of the figures, we estimate the cost of this AD (800) 647–5527) is in the ADDRESSES shock absorber per Dassault Aviation Service Bulletins (SB) F2000–367 and F2000EX–185 to the U.S. operators to be $501,500, or section. Comments will be available in the AD docket shortly after receipt. (corresponding to modification M3120) $2,125 per product. developed with the landing gear Authority for This Rulemaking List of Subjects in 14 CFR Part 39 manufacturer’s instructions. * * * After qualification testing, modification Title 49 of the United States Code Air transportation, Aircraft, Aviation M3120 has been approved by the European specifies the FAA’s authority to issue safety, Incorporation by reference, Aviation Safety Agency (EASA), as a rules on aviation safety. Subtitle I, Safety. definitive solution.

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As a consequence, the present AD retains damage is found, repair the shock absorber at 8 months after the effective date of this AD, the requirements of AD 2008–0178 which is the time specified in Table 1 of this AD, in do the actions required by paragraph (f)(2) of superseded and introduces M3120 as a accordance with the Accomplishment this AD. terminating action to the repetitive Instructions of Dassault Mandatory Service (ii) For airplanes on which less than or inspections requirement, and further Bulletin F2000–366, Revision 2; or F2000EX– equal to 5 steep-approach landings have been mandates its embodiment no later than the 167, Revision 1; both dated December 1, performed before the effective date of this next MLG shock absorber overhaul. 2008; as applicable. AD: Within 18 months after the effective date The unsafe condition is failure of three (2) For airplanes on which each new or of this AD or 5,000 total landings since new retaining screws of the MLG shock absorber, previously overhauled MLG shock absorber or overhauled, whichever occurs first, do the which could adversely affect the structural has accumulated 1,900 or more total landings actions required by paragraph (f)(2) of this integrity of these airplanes. The repair can and less than 4,200 total landings since new AD. include additional inspections, modifying or overhauled as of the effective date of this (3) For airplanes on which each new or the shock absorbers, and contacting the AD: At the applicable compliance time previously overhauled MLG shock absorber manufacturer for repair instructions and specified in paragraph (f)(2)(i) or (f)(2)(ii) of has accumulated less than 1,900 total doing the repair. this AD, inspect the shock absorber for landings since new or overhauled as of the damage, in accordance with the effective date of this AD: Before the Actions and Compliance Accomplishment Instructions of Dassault accumulation of 3,000 total landings since (f) Unless already done, do the following Mandatory Service Bulletin F2000–366, new or overhauled, inspect the shock actions. Revision 2; or F2000EX–167, Revision 1; both absorber for damage, in accordance with the (1) For airplanes on which each new or dated December 1, 2008; as applicable. If any Accomplishment Instructions of Dassault previously overhauled MLG shock absorber damage is found, repair the shock absorber at Mandatory Service Bulletin F2000–366, has accumulated 4,200 or more total landings the applicable time specified in Table 1 of Revision 2; or F2000EX–167, Revision 1; both since new or overhauled as of the effective this AD, in accordance with the dated December 1, 2008; as applicable. If any date of this AD: Within 8 months after the Accomplishment Instructions of Dassault damage is found, repair the shock absorber at effective date of this AD, inspect the shock Mandatory Service Bulletin F2000–366, the time specified in Table 1 of this AD, in absorber for damage, in accordance with the Revision 2; or F2000EX–167, Revision 1; both accordance with the Accomplishment Accomplishment Instructions of Dassault dated December 1, 2008; as applicable. Instructions of Dassault Mandatory Service Mandatory Service Bulletin F2000–366, (i) For airplanes on which 6 or more steep- Bulletin F2000–366, Revision 2; or F2000EX– Revision 2; or F2000EX–167, Revision 1; both approach landings have been performed 167, Revision 1; both dated December 1, dated December 1, 2008; as applicable. If any before the effective date of this AD: Within 2008; as applicable.

TABLE 1—COMPLIANCE TIMES FOR REPAIR

Damage found Compliance time

1, 2, or 3 loose screws ...... Within 12 months after the finding. 1 broken screw ...... Within 6 months after the finding. 2 or 3 broken screws ...... Within 10 flight cycles after the finding. 3 broken screws with detached damping device ...... Before further flight.

(4) Repeat the inspections required by of the actions specified in paragraph (f)(6) of accordance the applicable service paragraphs (f)(1), (f)(2), and (f)(3) of this AD, this AD. information specified in Table 2 of this AD as applicable, thereafter at intervals not to (5) Accomplishment of any inspection or is acceptable for compliance with the exceed 1,900 landings until accomplishment repair before the effective date of this AD in corresponding requirements of this AD.

TABLE 2—CREDIT SERVICE INFORMATION

Document Revision Date

Dassault Mandatory Service Bulletin F2000–366 ...... 1 ...... August 18, 2008. Dassault Mandatory Service Bulletin F2000EX–167 ...... Original ...... August 18, 2008. Dassault Service Bulletin F2000–366 ...... Original ...... April 18, 2008.

(6) For airplanes on which Dassault D23745000–2 or P/N D23746000–2 (for Accomplishment Instructions of the Modification M3120 has not been embodied Model Falcon 2000EX airplanes), in applicable service bulletin. as of the effective date of this AD: Before the accordance with the Accomplishment (7) Accomplishment of the modification accumulation of 6,000 total landings or 144 Instructions of Dassault Service Bulletin required by paragraph (f)(6) of this AD before months on each new or previously F2000EX–185, Revision 2; or F2000–367, the effective date of this AD in accordance overhauled MLG shock absorber, whichever Revision 4; both dated February 4, 2009; as occurs first: Modify the existing left- and applicable. Where these service bulletins with the applicable service information right-hand MLG shock absorbers by installing specify contacting the manufacturer for specified in Table 3 of this AD is acceptable MLG shock absorbers with part number (P/ repair instructions, contact the manufacturer for compliance with the corresponding N) D23365000–4 or P/N D23366000–4 (for and do the repair at the applicable requirements of this AD. Model Falcon 2000 airplanes), or P/N compliance times specified in the

TABLE 3—CREDIT SERVICE INFORMATION FOR MODIFICATION

Document Revision Date

Dassault Service Bulletin F2000EX–185 ...... Original ...... August 18, 2008. Dassault Service Bulletin F2000EX–185 ...... 1 ...... December 1, 2008. Dassault Service Bulletin F2000–367 ...... 1 ...... July 10, 2008.

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TABLE 3—CREDIT SERVICE INFORMATION FOR MODIFICATION—Continued

Document Revision Date

Dassault Service Bulletin F2000–367 ...... 2 ...... August 18, 2008. Dassault Service Bulletin F2000–367 ...... 3 ...... December 1, 2008.

(8) Accomplishment of the modification (1) Alternative Methods of Compliance actions are considered FAA-approved if they required by paragraph (f)(6) of this AD ends (AMOCs): The Manager, International are approved by the State of Design Authority the repetitive inspections required by Branch, ANM–116, Transport Airplane (or their delegated agent). You are required paragraph (f)(4) of this AD. Directorate, FAA, has the authority to to assure the product is airworthy before it (9) As of the effective date of this AD, no approve AMOCs for this AD, if requested is returned to service. person may install on any airplane as a using the procedures found in 14 CFR 39.19. replacement part, a MLG shock absorber, (3) Reporting Requirements: For any Send information to Attn: Tom Rodriguez, reporting requirement in this AD, under the unless it has been modified according to the Aerospace Engineer, International Branch, provisions of the Paperwork Reduction Act requirements specified in paragraph (f)(6) of ANM–116, Transport Airplane Directorate, (44 U.S.C. 3501 et seq.), the Office of this AD. FAA, 1601 Lind Avenue SW., Renton, Management and Budget (OMB) has FAA AD Differences Washington 98057–3356; telephone (425) approved the information collection Note 1: This AD differs from the MCAI 227–1137; fax (425) 227–1149. Before using any approved AMOC on any airplane to requirements and has assigned OMB Control and/or service information as follows: Number 2120–0056. Paragraph (1) of the MCAI requires updating which the AMOC applies, notify your the operator’s maintenance program; principal maintenance inspector (PMI) or Related Information however, that action is not required by this principal avionics inspector (PAI), as AD. The maintenance program does not appropriate, or lacking a principal inspector, (h) Refer to MCAI EASA Airworthiness require FAA approval. your local Flight Standards District Office. Directive 2009–0050, dated March 5, 2009, (2) Airworthy Product: For any requirement and the service information identified in Other FAA AD Provisions in this AD to obtain corrective actions from Table 4 of this AD, for related information. (g) The following provisions also apply to a manufacturer or other source, use these this AD: actions if they are FAA-approved. Corrective

TABLE 4—SERVICE INFORMATION

Document Revision Date

Dassault Mandatory Service Bulletin F2000–366 ...... 2 December 1, 2008. Dassault Mandatory Service Bulletin F2000EX–167 ...... 1 December 1, 2008. Dassault Service Bulletin F2000–367 ...... 4 February 4, 2009. Dassault Service Bulletin F2000EX–185 ...... 2 February 4, 2009.

Material Incorporated by Reference to do the actions required by this AD, unless (i) You must use the applicable service the AD specifies otherwise. information contained in Table 5 of this AD

TABLE 5—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

(1) The Director of the Federal Register Records Administration (NARA). For DEPARTMENT OF TRANSPORTATION approved the incorporation by reference of information on the availability of this this service information under 5 U.S.C. material at NARA, call 202–741–6030, or go Federal Aviation Administration 552(a) and 1 CFR part 51. to: http://www.archives.gov/federal_register/ (2) For service information identified in code_of_federal_regulations/ 14 CFR Part 39 this AD, contact Dassault Falcon Jet, P.O. Box ibr_locations.html. 2000, South Hackensack, New Jersey 07606; [Docket No. FAA–2010–0491; Directorate telephone 201–440–6700; Internet http:// Issued in Renton, Washington, on May 4, Identifier 2009–SW–64–AD; Amendment 39– www.dassaultfalcon.com. 2010. 16293; AD 2010–10–14] (3) You may review copies of the service Ali Bahrami, information at the FAA, Transport Airplane RIN 2120–AA64 Directorate, 1601 Lind Avenue SW., Renton, Manager, Transport Airplane Directorate, Washington. For information on the Aircraft Certification Service. Airworthiness Directives; Eurocopter availability of this material at the FAA, call [FR Doc. 2010–11358 Filed 5–20–10; 8:45 am] France Model AS332L2 Helicopters 425–227–1221. BILLING CODE 4910–13–P (4) You may also review copies of the AGENCY: Federal Aviation service information that is incorporated by Administration (FAA), Department of reference at the National Archives and Transportation (DOT).

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ACTION: Final rule; request for be available in the AD docket shortly • This AD does not apply to non- comments. after receipt. installed parts. FOR FURTHER INFORMATION CONTACT: Gary • This AD does not include an SUMMARY: We are adopting a new Roach, Aviation Safety Engineer, FAA, inspection for masts that were inspected airworthiness directive (AD) for Rotorcraft Directorate, Regulations and per a previous MCAI AD. Eurocopter France (Eurocopter) Model Guidance Group, Fort Worth, Texas Costs of Compliance AS332L2 helicopters. This AD results 76193–0111, telephone (817) 222–5130, from a mandatory continuing fax (817) 222–5961. There are no costs of compliance airworthiness information (MCAI) AD since there are no helicopters of this SUPPLEMENTARY INFORMATION: issued by the European Aviation Safety type design on the U.S. registry. Agency (EASA), which is the Technical Discussion FAA’s Determination of the Effective Agent for the Member States of the The EASA, which is the technical Date European Community. The MCAI AD agent for the Member States of the states that the AD was issued after the European Community, has issued EASA Since there are currently no domestic discovery of broken swashplate bearing AD No. 2006–0339, dated November 9, operators of these helicopters, notice attaching screw heads. Failure of these 2006, to correct an unsafe condition for and opportunity for public comment screw heads could lead to the loss of the the specified helicopters. The MCAI AD before issuing this AD are unnecessary, coupling between the non-rotating and was issued after the discovery of broken and this amendment can be made the rotating swashplate. This AD is swashplate bearing attaching screw effective in less than 30 days. intended to prevent loss of power to the heads. Failure of these screw heads Comments Invited rotating swashplate and subsequent loss could lead to the loss of the coupling of control of the helicopter. This AD is a final rule that involves between the non-rotating and the requirements affecting flight safety, and DATES: This AD becomes effective on rotating swashplate. This AD is we did not precede it by notice and June 7, 2010. intended to prevent loss of power to the opportunity for public comment. We The Director of the Federal Register rotating swashplate and subsequent loss invite you to send any written relevant approved the incorporation by reference of control of the helicopter. data, views, or arguments about this AD. of Eurocopter Alert Service Bulletin No. You may obtain further information Send your comments to an address 62.00.66, dated September 13, 2006, as by examining the MCAI AD in the AD listed under the ADDRESSES section. of June 7, 2010. docket. Include ‘‘Docket No. FAA–2010–0491; We must receive comments on this Related Service Information Directorate Identifier 2009–SW–64–AD’’ AD by July 20, 2010. Eurocopter has issued Alert Service at the beginning of your comments. We ADDRESSES: You may send comments by Bulletin No. 62.00.66, dated September specifically invite comments on the any of the following methods: overall regulatory, economic, • 13, 2006. The actions described in the Federal eRulemaking Portal: Go to environmental, and energy aspects of http://www.regulations.gov. Follow the MCAI AD are intended to correct the same unsafe condition as that identified this AD. We will consider all comments instructions for submitting comments. received by the closing date and may • in the service information. Fax: 202–493–2251. amend this AD because of those • Mail: U.S. Department of FAA’s Evaluation and Unsafe Condition comments. Transportation, Docket Operations, Determination We will post all comments we M–30, West Building Ground Floor, This helicopter has been approved by receive, without change, to http:// Room W12–140, 1200 New Jersey the aviation authority of France and is www.regulations.gov, including any Avenue, SE., Washington, DC 20590. personal information you provide. We • approved for operation in the United Hand Delivery: U.S. Department of States. Pursuant to our bilateral will also post a report summarizing each Transportation, Docket Operations, agreement with France, EASA, their substantive verbal contact we receive M–30, West Building Ground Floor, Technical Agent, has notified us of the about this AD. Room W12–140, 1200 New Jersey unsafe condition described in the MCAI Authority for This Rulemaking Avenue, SE., Washington, DC 20590, AD. We are issuing this AD because we between 9 a.m. and 5 p.m., Monday evaluated all information provided by Title 49 of the United States Code through Friday, except Federal holidays. EASA and determined the unsafe specifies the FAA’s authority to issue You may get the service information condition exists and is likely to exist or rules on aviation safety. Subtitle I, identified in this AD from American develop on other helicopters of the same section 106, describes the authority of Eurocopter Corporation, 2701 Forum type design. the FAA Administrator. ‘‘Subtitle VII: Drive, Grand Prairie, TX 75053–4005, There are no helicopters of this type Aviation Programs,’’ describes in more telephone (800) 232–0323, fax (972) currently registered in the United States. detail the scope of the Agency’s 641–3710, or at http:// However, this rule is necessary to authority. www.eurocopter.com. ensure that the described unsafe We are issuing this rulemaking under Examining the AD Docket: You may condition is addressed if any of these the authority described in ‘‘Subtitle VII, examine the AD docket on the Internet helicopters are placed on the U.S. Part A, Subpart III, Section 44701: at http://www.regulations.gov, or in register in the future. General requirements.’’ Under that person at the Docket Operations office section, Congress charges the FAA with between 9 a.m. and 5 p.m., Monday Differences Between This AD and the promoting safe flight of civil aircraft in through Friday, except Federal holidays. MCAI AD air commerce by prescribing regulations The AD docket contains this AD, the • This AD does not require you to for practices, methods, and procedures economic evaluation, any comments send the assembly to an ‘‘approved the Administrator finds necessary for received, and other information. The repair center for investigation and safety in air commerce. This regulation street address for the Docket Operations reconditioning.’’ is within the scope of that authority office (telephone (800) 647–5527) is in • This AD uses ‘‘hours time-in- because it addresses an unsafe condition the ADDRESSES section. Comments will service’’ instead of ‘‘flying hours.’’ that is likely to exist or develop on

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products identified in this rulemaking Reason No. 2006–0339, dated November 9, 2006, action. (d) The mandatory continued contains related information. airworthiness information (MCAI) AD was Regulatory Findings Joint Aircraft System/Component (JASC) issued after the discovery of broken Code We determined that this AD will not swashplate bearing attaching screw heads. Failure of these screw heads could lead to the (i) The JASC Code is 6230—Main Rotor have federalism implications under Mast/Swashplate. Executive Order 13132. This AD will loss of the coupling between the non-rotating and the rotating swashplate. This AD is Material Incorporated by Reference not have a substantial direct effect on intended to prevent loss of power to the (j) You must use the specified portions of the States, on the relationship between rotating swashplate and subsequent loss of Eurocopter Alert Service Bulletin No. the national government and the States, control of the helicopter. or on the distribution of power and 62.00.66, dated September 13, 2006, to do the Actions and Compliance actions required. responsibilities among the various (1) The Director of the Federal Register levels of government. (e) For each mast that has less than 750 hours TIS since it was installed on any approved the incorporation by reference of For the reasons discussed above, I helicopter or since its last overhaul, within the service information under 5 U.S.C. 552(a) certify this AD: 20 hours time-in-service (TIS), unless already and 1 CFR part 51. 1. Is not a ‘‘significant regulatory done, and thereafter at intervals not to exceed (2) For service information identified in action’’ under Executive Order 12866; 25 hours TIS, and for each mast that has 750 this AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand 2. Is not a ‘‘significant rule’’ under the or more hours TIS since it was installed on any helicopter or since its last overhaul, Prairie, Texas 75053–4005, telephone (972) DOT Regulatory Policies and Procedures 641–3460, fax (972) 641–3527. (44 FR 11034, February 26, 1979); and within 25 hours TIS, unless already done, and thereafter at intervals not to exceed 25 (3) You may review copies of the service 3. Will not have a significant hours TIS: information at the FAA, Office of the economic impact, positive or negative, (1) Inspect for the presence of each mast Regional Counsel, Southwest Region, 2601 on a substantial number of small entities swashplate bearing attachment screw head by Meacham Blvd., Room 663, Fort Worth, under the criteria of the Regulatory either using a mirror or by feeling for the Texas, or at the National Archives and Records Administration (NARA). For Flexibility Act. screw heads under the flange. Do the inspections by following the information on the availability of this List of Subjects in 14 CFR Part 39 Accomplishment Instructions, Operational material at NARA, call (202) 741–6030, or go to: http://www.archives.gov/federal-register/ Air transportation, Aircraft, Aviation Procedure, paragraphs 2.B.1. through 2.B.2. and Figure 1, of Eurocopter Alert Service cfr/ibr-locations.html. safety, Incorporation by reference, Bulletin (ASB) No. 62.00.66, dated Issued in Fort Worth, Texas, on May 4, Safety. September 13, 2006, except this AD does not 2010. Adoption of the Amendment require you to send the assembly to an Mark R. Schilling, ‘‘approved repair center for investigation and Acting Manager, Rotorcraft Directorate, reconditioning.’’ ■ Accordingly, under the authority Aircraft Certification Service. (2) If an attachment screw head is missing, delegated to me by the Administrator, [FR Doc. 2010–11418 Filed 5–20–10; 8:45 am] the FAA amends 14 CFR part 39 as before further flight, replace the unairworthy mast with an airworthy mast. BILLING CODE 4910–13–P follows: Note 2: If you have complied with ASB No. PART 39—AIRWORTHINESS 62.00.66, dated September 13, 2006, you DEPARTMENT OF TRANSPORTATION DIRECTIVES have met the intent of this AD. Differences Between the FAA AD and the ■ Federal Aviation Administration 1. The authority citation for part 39 MCAI AD continues to read as follows: (f) This AD differs from the MCAI AD as 14 CFR Part 39 Authority: 49 U.S.C. 106(g), 40113, 44701. follows: (1) This AD does not require you to send [Docket No. FAA–2010–0169; Directorate § 39.13 [Amended] the assembly to an ‘‘approved repair center Identifier 2009–NM–102–AD; Amendment 39–16305; AD 2010–10–26] ■ 2. The FAA amends § 39.13 by adding for investigation and reconditioning.’’ the following new AD: (2) This AD uses ‘‘hours TIS’’ instead of RIN 2120–AA64 ‘‘flying hours.’’ 2010–10–14 Eurocopter France: (3) This AD does not apply to non-installed Airworthiness Directives; Bombardier, Amendment 39–16293. Docket No. parts. Inc. Model CL–600–1A11 (CL–600), CL– FAA–2010–0491; Directorate Identifier (4) This AD does not include an inspection 600–2A12 (CL–601), and CL–600–2B16 2009–SW–64–AD. for masts that were inspected per a previous MCAI AD. (CL–601–3A, CL–601–3R, and CL–604 Effective Date Variants) Airplanes (a) This airworthiness directive (AD) Other Information becomes effective June 7, 2010. (g) Alternative Methods of Compliance AGENCY: Federal Aviation (AMOCs): The Manager, Safety Management Administration (FAA), Department of Other Affected ADs Group, Rotorcraft Directorate, FAA, has the Transportation (DOT). (b) None. authority to approve AMOCs for this AD, if ACTION: Final rule. Applicability requested, using the procedures found in 14 CFR 39.19. Send AMOC request to DOT/FAA SUMMARY: We are superseding an (c) This AD applies to Model AS332L2 Southwest Region, Gary Roach, ASW–111, existing airworthiness directive (AD) for helicopters, with a main rotor mast assembly Aviation Safety Engineer, Rotorcraft the products listed above. This AD (mast) that has not been modified per MOD Directorate, Regulations and Guidance results from mandatory continuing 0743714, installed, certificated in any Group, 2601 Meacham Blvd., Fort Worth, category. airworthiness information (MCAI) Texas 76137, telephone (817) 222–5130, fax originated by an aviation authority of Note 1: MOD 0743714 includes replacing (817) 222–5961. the plastic peel shim with a stainless steel another country to identify and correct peel shim, installing improved swashplate Related Information an unsafe condition on an aviation bearing attachment screws, and increasing (h) Mandatory Continuing Airworthiness product. The MCAI describes the unsafe the torque on those screws. Information (MCAI) Airworthiness Directive condition as:

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A specific batch of nose landing gear (NLG) Although there have been no such cases Differences Between This AD and the and NLG door selector valves, part number reported on the Challenger models covered MCAI or Service Information (P/N) 601R75146–1 (Kaiser Fluid by this directive, there have been six cases Technologies P/N 750006000), may have had reported on the CRJ (CL600–2B19) aircraft, We have reviewed the MCAI and their end caps incorrectly lock-wired and/or one of which resulted in the collapse of the related service information and, in incorrectly torqued during assembly. This NLG at the departure gate. general, agree with their substance. But condition can lead to the end cap backing off, This directive mandates a check of the we might have found it necessary to use with consequent damage to a seal and NLG and NLG door selector valves installed different words from those in the MCAI internal leakage within the valve. on all aircraft in the Applicability section to ensure the AD is clear for U.S. Subsequently, if electrical power is operators and is enforceable. In making transferred or removed from the aircraft * * *. Depending on the results; before the NLG safety pin is installed, any replacement, rework and/or additional these changes, we do not intend to differ pressure, including residual pressure, in the identification of the valves may be required. substantively from the information No. 3 hydraulic system can result in an This [MCAI] revision corrects a Service provided in the MCAI and related uncommanded NLG retraction. Bulletin number in the Corrective Actions service information. * * * * * table. We might also have required different We are issuing this AD to require Notes: 1. The check is required whether or actions in this AD from those in the actions to correct the unsafe condition not an aircraft has previously been checked MCAI in order to follow our FAA on these products. in accordance with AD CF–2006–16R1 (now policies. Any such differences are superseded and cancelled by this AD). This highlighted in a NOTE within the AD. DATES: This AD becomes effective June is necessary since, following the issuance of 25, 2010. AD CF–2006–16R1, it has been determined Costs of Compliance The Director of the Federal Register that the serial number (S/N) range of the We estimate that this AD will affect approved the incorporation by reference affected valves requires expansion from the about 82 products of U.S. registry. of certain publications listed in this AD previous upper limit of S/N 0767 to S/N 2126 The actions that are required by AD as of June 25, 2010. and the exact location of each of these 2007–14–02 and retained in this AD ADDRESSES: You may examine the AD additional valves is unknown. take about 1 work-hour per product, at ‘‘ ’’ docket on the Internet at http:// 2. Valves that have a S/N with suffix T an average labor rate of $85 per work have been manufactured by Tactair Fluid www.regulations.gov or in person at the hour. Based on these figures, the U.S. Department of Transportation, Controls Inc. and do not require any corrective action. estimated cost of the currently required Docket Operations, M–30, West actions is $85 per product. Building Ground Floor, Room W12–140, 3. Valves manufactured by Kaiser Fluid Technologies, P/N 750006000, with S/N 0001 We estimate that it will take about 1 1200 New Jersey Avenue, SE., through 2126, and ink stamp ‘‘SB750006000– work-hour per product to comply with Washington, DC. 1’’, have already been checked and reworked the new basic requirements of this AD. FOR FURTHER INFORMATION CONTACT: as necessary and do not require any The average labor rate is $85 per work- Cesar Gomez, Aerospace Engineer, additional corrective action. hour. Based on these figures, we Airframe and Mechanical Systems 4. The Illustrated Parts Catalog, for each of estimate the cost of the new basic Branch, ANE–171, FAA, New York the models covered in the Applicability requirements of this AD to U.S. Aircraft Certification Office, 1600 section * * *, gives instructions not to operators to be $6,970, or $85 per Stewart Avenue, Suite 410, Westbury, install a valve manufactured by Kaiser Fluid product. New York 11590; telephone (516) 228– Technologies, P/N 750006000, with S/N 0001 7318; fax (516) 794–5531. through 2126, if the marking ‘‘SB750006000– Authority for This Rulemaking 1’’ is not ink stamped on the valve. SUPPLEMENTARY INFORMATION: Title 49 of the United States Code 5. CL–600–2B16 (CL–605) aircraft, S/Ns specifies the FAA’s authority to issue Discussion 5701 and subsequent, are not affected by this rules on aviation safety. Subtitle I, directive. They were delivered with valves, section 106, describes the authority of We issued a notice of proposed P/N 750006000, that have either a S/N with rulemaking (NPRM) to amend 14 CFR suffix ‘‘T’’ or have the ink stamp marking the FAA Administrator. ‘‘Subtitle VII: part 39 to include an AD that would ‘‘SB750006000–1’’. Aviation Programs,’’ describes in more apply to the specified products. That detail the scope of the Agency’s NPRM was published in the Federal We have clarified the applicability of authority. Register on February 25, 2010 (75 FR this AD by removing serial numbers We are issuing this rulemaking under 8559), and proposed to supersede AD 5666 through 5699 that were included the authority described in ‘‘Subtitle VII, 2007–14–02, Amendment 39–15124 (72 in AD 2007–14–02. Those serial Part A, Subpart III, Section 44701: FR 38004, July 12, 2007). numbers do not exist for the affected General requirements.’’ Under that That NPRM proposed to correct an airplane models in this AD. You may section, Congress charges the FAA with unsafe condition for the specified obtain further information by examining promoting safe flight of civil aircraft in products. The MCAI states: the MCAI in the AD docket. air commerce by prescribing regulations A specific batch of nose landing gear (NLG) for practices, methods, and procedures and NLG door selector valves, part number Comments the Administrator finds necessary for safety in air commerce. This regulation (P/N) 601R75146–1 (Kaiser Fluid We gave the public the opportunity to Technologies P/N 750006000), may have had is within the scope of that authority their end caps incorrectly lock-wired and/or participate in developing this AD. We because it addresses an unsafe condition incorrectly torqued during assembly. This received no comments on the NPRM or that is likely to exist or develop on condition can lead to the end cap backing off, on the determination of the cost to the products identified in this rulemaking with consequent damage to a seal and public. action. internal leakage within the valve. Subsequently, if electrical power is Conclusion Regulatory Findings transferred or removed from the aircraft before the NLG safety pin is installed, any We reviewed the available data and We determined that this AD will not pressure, including residual pressure, in the determined that air safety and the have federalism implications under No. 3 hydraulic system can result in an public interest require adopting the AD Executive Order 13132. This AD will uncommanded NLG retraction. as proposed. not have a substantial direct effect on

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the States, on the relationship between 2010–10–26 Bombardier, Inc.: Amendment AD CF–2006–16R1, it has been determined the national government and the States, 39–16305. Docket No. FAA–2010–0169; that the serial number (S/N) range of the or on the distribution of power and Directorate Identifier 2009–NM–102–AD. affected valves requires expansion from the previous upper limit of S/N 0767 to S/N 2126 responsibilities among the various Effective Date levels of government. and the exact location of each of these (a) This airworthiness directive (AD) additional valves is unknown. For the reasons discussed above, I becomes effective June 25, 2010. 2. Valves that have a S/N with suffix ‘‘T’’ certify this AD: Affected ADs have been manufactured by Tactair Fluid Controls Inc. and do not require any 1. Is not a ‘‘significant regulatory (b) This AD supersedes AD 2007–14–02, corrective action. action’’ under Executive Order 12866; Amendment 39–15124. 2. Is not a ‘‘significant rule’’ under the 3. Valves manufactured by Kaiser Fluid Applicability Technologies, P/N 750006000, with S/N 0001 DOT Regulatory Policies and Procedures through 2126, and ink stamp ‘‘SB750006000– (44 FR 11034, February 26, 1979); and (c) This AD applies to Bombardier, Inc. airplanes, certificated in any category, 1’’, have already been checked and reworked 3. Will not have a significant identified in paragraphs (c)(1), (c)(2), and as necessary and do not require any economic impact, positive or negative, (c)(3) of this AD. additional corrective action. on a substantial number of small entities (1) Model CL–600–1A11 (CL–600), serial 4. The Illustrated Parts Catalog, for each of under the criteria of the Regulatory numbers 1004 through 1085 inclusive. the models covered in the Applicability Flexibility Act. (2) Model CL–600–2A12 (CL–601), serial section * * *, gives instructions not to numbers 3001 through 3066 inclusive. install a valve manufactured by Kaiser Fluid We prepared a regulatory evaluation (3) Model CL–600–2B16 (CL–601–3A, CL– Technologies, P/N 750006000, with S/N 0001 of the estimated costs to comply with 601–3R, and CL–604), serial numbers 5001 through 2126, if the marking ‘‘SB750006000– this AD and placed it in the AD docket. through 5194 inclusive, and serial numbers 1’’ is not ink stamped on the valve. 5301 through 5665 inclusive. 5. CL–600–2B16 (CL–605) aircraft, S/Ns Examining the AD Docket 5701 and subsequent, are not affected by this Subject You may examine the AD docket on directive. They were delivered with valves, the Internet at http:// (d) Air Transport Association (ATA) of P/N 750006000, that have either a S/N with America Code 32: Landing Gear. ‘‘ ’’ www.regulations.gov; or in person at the suffix T or have the ink stamp marking ‘‘SB750006000–1’’. Docket Operations office between 9 a.m. Reason and 5 p.m., Monday through Friday, (e) The mandatory continuing Compliance except Federal holidays. The AD docket airworthiness information (MCAI) states: (f) You are responsible for having the contains the NPRM, the regulatory A specific batch of nose landing gear (NLG) actions required by this AD performed within evaluation, any comments received, and and NLG door selector valves, part number the compliance times specified, unless the other information. The street address for (P/N) 601R75146–1 (Kaiser Fluid actions have already been done. Technologies P/N 750006000), may have had the Docket Operations office (telephone their end caps incorrectly lock-wired and/or RESTATEMENT OF REQUIREMENTS OF (800) 647–5527) is in the ADDRESSES incorrectly torqued during assembly. This AD 2007–14–02 WITH NEW SERVICE section. Comments will be available in condition can lead to the end cap backing off, INFORMATION BUT NO CHANGES TO the AD docket shortly after receipt. with consequent damage to a seal and ACTIONS: internal leakage within the valve. List of Subjects in 14 CFR Part 39 Subsequently, if electrical power is Inspection and Corrective Action Air transportation, Aircraft, Aviation transferred or removed from the aircraft (g) For airplanes having serial numbers (S/ Ns) as identified in the service bulletins safety, Incorporation by reference, before the NLG safety pin is installed, any pressure, including residual pressure, in the specified in Table 1 of this AD, as applicable: Safety. No. 3 hydraulic system can result in an Within 500 flight hours or 12 months after Adoption of the Amendment uncommanded NLG retraction. August 16, 2007 (the effective date AD 2007– Although there have been no such cases 14–02), whichever occurs first, inspect to ■ Accordingly, under the authority reported on the Challenger models covered determine the manufacturer part numbers (P/ delegated to me by the Administrator, by this directive, there have been six cases Ns) and serial numbers of the selector valves the FAA amends 14 CFR part 39 as reported on the CRJ (CL600–2B19) aircraft, of the nose landing gear (NLG) and nose gear one of which resulted in the collapse of the door. A review of airplane maintenance follows: NLG at the departure gate. records is acceptable in lieu of this This directive mandates a check of the inspection if the serial numbers of the PART 39—AIRWORTHINESS NLG and NLG door selector valves installed selector valves can be conclusively DIRECTIVES on all aircraft in the Applicability section determined from that review. For any subject * * *. Depending on the results; selector valve having Tactair Fluid Controls ■ 1. The authority citation for part 39 replacement, rework and/or additional P/N 750006000 and a S/N from 0001 through continues to read as follows: identification of the valves may be required. 0767 inclusive, before further flight, do Authority: 49 U.S.C. 106(g), 40113, 44701. This [MCAI] revision corrects a Service related investigative (including a general Bulletin number in the Corrective Actions visual inspection for proper installation of § 39.13 [Amended] table. the lock wire of the end cap) and corrective Notes: 1. The check is required whether or actions; in accordance with the applicable ■ 2. The FAA amends § 39.13 by not an aircraft has previously been checked service bulletin identified in Table 1 of this removing Amendment 39–15124 (72 FR in accordance with AD CF–2006–16R1 (now AD. After the effective date of this AD, use 38004, July 12, 2007) and adding the superseded and cancelled by this AD). This only the applicable service bulletin specified following new AD: is necessary since, following the issuance of in Table 2 of this AD.

TABLE 1—BOMBARDIER SERVICE BULLETINS

Bombardier Model— service Revision— Dated— bulletin—

CL–600–1A11 (CL–600) airplanes ...... 600–0721 01 February 20, 2006. CL–600–2A12 (CL–601), and CL–600–2B16 (CL–601–3A and CL–601–3R) airplanes 601–0558 01 February 20, 2006.

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TABLE 1—BOMBARDIER SERVICE BULLETINS—Continued

Bombardier Model— service Revision— Dated— bulletin—

CL–600–2B16 (CL–604) airplanes) ...... 604–32–021 02 February 20, 2007.

TABLE 2—BOMBARDIER SERVICE BULLETINS FOR ACTIONS IN PARAGRAPH (g) OF THIS AD

Bombardier Model— service Revision— Dated— bulletin—

CL–600–1A11 (CL–600) airplanes ...... 600–0721 03 February 23, 2009. CL–600–2A12 (CL–601), and CL–600–2B16 (CL–601–3A and CL–601–3R) airplanes 601–0558 03 February 23, 2009. CL–600–2B16 (CL–604) airplanes ...... 604–32–021 04 February 23, 2009.

Note 1: Operators should be aware that daylight, hangar lighting, flashlight, or acceptable for compliance with the selector valves having Bombardier P/N droplight and may require removal or corresponding actions specified in paragraph 601R75146–1 may be supplied by different opening of access panels or doors. Stands, (g) of this AD. manufacturers and have different ladders, or platforms may be required to gain NEW REQUIREMENTS OF THIS AD: manufacturer part numbers. Only airplanes proximity to the area being checked.’’ having selector valves manufactured by Actions Tactair Fluid Controls, having P/N Note 3: The service bulletins identified in 750006000, are subject to the investigative Table 1 of this AD refer to Tactair Fluid (i) Unless already done, do the following and corrective actions specified in paragraph Controls Service Bulletin SB750006000–1, actions. (g) of this AD. Revision A, dated September 6, 2005, as an (1) Within 250 flight hours or within 6 additional source of guidance for doing the months after the effective date of this AD, Note 2: For the purposes of this AD, a general visual inspection is: ‘‘A visual related investigative and corrective actions whichever occurs first: Do an inspection of examination of an interior or exterior area, required by this AD. the selector valve of the NLG and the door installation, or assembly to detect obvious selector valve of the NLG to determine if Actions Accomplished According to damage, failure, or irregularity. This level of P/N 601R75146–1 (Kaiser Fluid Technologies Previous Issue of Service Bulletin inspection is made from within touching P/N 750006000) is installed, in accordance distance unless otherwise specified. A mirror (h) Actions accomplished before August with the Accomplishment Instructions of the may be necessary to ensure visual access to 16, 2007, in accordance with Bombardier applicable service bulletin specified in Table all surfaces in the inspection area. This level Service Bulletin 604–32–021, Revision 01, 3 of this AD. Doing the inspection required of inspection is made under normally dated February 20, 2006 (for Model CL–600– by this paragraph terminates the inspection available lighting conditions such as 2B16 (CL–604) airplanes), are considered required by paragraph (g) of this AD.

TABLE 3—BOMBARDIER SERVICE BULLETINS FOR ACTIONS IN PARAGRAPH (i) OF THIS AD

Bombardier Model— service Revision— Dated— bulletin—

(2) If, during any inspection required by general visual inspection for proper (3) Doing the actions before the effective paragraph (i)(1) of this AD, any selector valve installation of the lock wire of the end cap, date of this AD in accordance with the having P/N 601R75146–1 (Kaiser Fluid and replace it with a serviceable selector applicable service bulletin specified in Table Technologies P/N 750006000) and having a valve as applicable, in accordance with the 4 of this AD is acceptable for compliance S/N from 0001 through 2126 inclusive Accomplishment Instructions of the with the corresponding actions specified in without a suffix ‘‘T’’ is found, and the valve is not ink-stamped with the marking applicable service bulletin specified in Table this AD. ‘‘SB750006000–1’’: Before further flight, do a 3 of this AD.

TABLE 4—CREDIT SERVICE BULLETINS

Service bulletin Revision level Date

Bombardier Service Bulletin 600–0721 ...... 02 June 16, 2008. Bombardier Service Bulletin 601–0558 ...... 02 June 16, 2008. Bombardier Service Bulletin 604–32–021 ...... 03 June 16, 2008.

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FAA AD Differences notify your principal maintenance inspector approved the information collection (PMI) or principal avionics inspector (PAI), requirements and has assigned OMB Control Note 4: This AD differs from the MCAI as appropriate, or lacking a principal and/or service information as follows: No Number 2120–0056. differences. inspector, your local Flight Standards District Office. The AMOC approval letter must Related Information Other FAA AD Provisions specifically reference this AD. (k) Refer to MCAI Canadian Airworthiness Directive CF–2009–21R1, dated May 20, (j) The following provisions also apply to (2) Airworthy Product: For any requirement this AD: in this AD to obtain corrective actions from 2009; Bombardier Service Bulletin 600–0721, (1) Alternative Methods of Compliance a manufacturer or other source, use these Revision 03, dated February 23, 2009; (AMOCs): The Manager, New York Aircraft actions if they are FAA-approved. Corrective Bombardier Service Bulletin 601–0558, Certification Office (ACO), ANE–170, FAA, actions are considered FAA-approved if they Revision 03, dated February 23, 2009; and has the authority to approve AMOCs for this are approved by the State of Design Authority Bombardier Service Bulletin 604–32–021, AD, if requested using the procedures found (or their delegated agent). You are required Revision 04, dated February 23, 2009; for in 14 CFR 39.19. Send information to ATTN: to assure the product is airworthy before it related information. Program Manager, Continuing Operational is returned to service. Material Incorporated by Reference Safety, FAA, New York ACO, 1600 Stewart (3) Reporting Requirements: For any Avenue, Suite 410, Westbury, New York reporting requirement in this AD, under the (l) You must use the service information 11590; telephone (516) 228–7300; fax (516) provisions of the Paperwork Reduction Act contained in Table 5 of this AD to do the 794–5531. Before using any approved AMOC (44 U.S.C. 3501 et seq.), the Office of actions required by this AD, unless the AD on any airplane to which the AMOC applies, Management and Budget (OMB) has specifies otherwise.

TABLE 5—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

Bombardier Service Bulletin 600–0721 ...... 03 February 23, 2009. Bombardier Service Bulletin 601–0558 ...... 03 February 23, 2009. Bombardier Service Bulletin 604–32–021 ...... 04 February 23, 2009.

(1) The Director of the Federal Register DEPARTMENT OF TRANSPORTATION a large number of passenger oxygen masks approved the incorporation by reference of not being supplied with oxygen, possibly this service information under 5 U.S.C. Federal Aviation Administration causing personal injuries. 552(a) and 1 CFR part 51. * * * * * (2) For service information identified in 14 CFR Part 39 We are issuing this AD to require this AD, contact Bombardier, Inc., 400 Coˆte- actions to correct the unsafe condition Vertu Road West, Dorval, Que´bec H4S 1Y9, [Docket No. FAA–2009–0914; Directorate Identifier 2009–NM–122–AD; Amendment on these products. Canada; telephone 514–855–5000; fax 514– 39–16304; AD 2010–10–25] DATES: This AD becomes effective June 855–7401; e-mail 25, 2010. [email protected]; Internet http:// RIN 2120–AA64 The Director of the Federal Register www.bombardier.com. approved the incorporation by reference (3) You may review copies of the service Airworthiness Directives; Airbus Model of certain publications listed in this AD information at the FAA, Transport Airplane A330–200 and –300 Series Airplanes, as of June 25, 2010. Directorate, 1601 Lind Avenue, SW., Renton, and Model A340–300 Series Airplanes Washington. For information on the ADDRESSES: You may examine the AD availability of this material at the FAA, call AGENCY: Federal Aviation docket on the Internet at http:// 425–227–1221. Administration (FAA), Department of www.regulations.gov or in person at the (4) You may also review copies of the Transportation (DOT). U.S. Department of Transportation, service information that is incorporated by ACTION: Final rule. Docket Operations, M–30, West reference at the National Archives and Building Ground Floor, Room W12–140, Records Administration (NARA). For SUMMARY: We are adopting a new 1200 New Jersey Avenue, SE., information on the availability of this airworthiness directive (AD) for the Washington, DC. material at NARA, call 202–741–6030, or go products listed above. This AD results FOR FURTHER INFORMATION CONTACT: to: http://www.archives.gov/federal_register/ from mandatory continuing Vladimir Ulyanov, Aerospace Engineer, code_of_federal_regulations/ airworthiness information (MCAI) International Branch, ANM–116, ibr_locations.html. originated by an aviation authority of Transport Airplane Directorate, FAA, another country to identify and correct 1601 Lind Avenue, SW., Renton, Issued in Renton, Washington, on May 6, an unsafe condition on an aviation 2010. Washington 98057–3356; telephone product. The MCAI describes the unsafe (425) 227–1138; fax (425) 227–1149. Ali Bahrami, condition as: SUPPLEMENTARY INFORMATION: Manager, Transport Airplane Directorate, In the door 2 area, the hat-racks are Aircraft Certification Service. supplied with a basic wire harness which Discussion [FR Doc. 2010–11743 Filed 5–20–10; 8:45 am] includes ‘‘Oxygen Masks’’ activation. We issued a notice of proposed BILLING CODE 4910–13–P In case of a monument installation, the rulemaking (NPRM) to amend 14 CFR respective non-used hat-rack connections part 39 to include an AD that would between monument and outer skin are put on apply to the specified products. That stow. It was noticed in production, that the distance between the stowed wire harness NPRM was published in the Federal and the monument could be too small. This Register on October 19, 2009 (74 FR condition, if not corrected, could lead to the 53440). That NPRM proposed to correct short circuit of wires dedicated to oxygen, an unsafe condition for the specified which, in case of emergency, could result in products. The MCAI states:

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In the door 2 area, the hat-racks are information for accomplishing the configuration. There are no actions supplied with a basic wire harness which actions specified in the NPRM (for required for those door-2 areas without includes ‘‘Oxygen Masks’’ activation. Model A330–200 and A330–300 series monuments. We have clarified In case of a monument installation, the airplanes). paragraph (f)(1) of this AD by adding the respective non-used hat-rack connections We have revised paragraphs (f)(1), ‘‘ between monument and outer skin are put on phrase for airplanes on which a stow. It was noticed in production, that the (f)(2), and (h) of this AD to cite Airbus monument is installed in the door-2 distance between the stowed wire harness Mandatory Service Bulletin A330–92– area, as specified in Airbus Mandatory and the monument could be too small. This 3070, Revision 02, dated August 19, Service Bulletin A330–92–3070, condition, if not corrected, could lead to the 2009. We have added paragraph (f)(3) to Revision 02, dated August 19, 2009; or short circuit of wires dedicated to oxygen, give credit for accomplishment of the Airbus Mandatory Service Bulletin which, in case of emergency, could result in actions done in accordance with Airbus A340–92–4073, Revision 02, dated a large number of passenger oxygen masks Mandatory Service Bulletin A330–92– October 12, 2009.’’ not being supplied with oxygen, possibly 3070, dated July 10, 2008; or Airbus causing personal injuries. Mandatory Service Bulletin A330–92– Request To Revise Proposed Costs of For the reasons described above, this AD Compliance requires the modification of the hat rack 3070, Revision 01, dated January 12, connectors on stow, and the rerouting of the 2009. NWA requests that we revise the Cost associated wire harness in case of monument Comments of Compliance section of the NPRM to installed in door 2 area. portray the cost to operators as though We gave the public the opportunity to all four locations require a monument You may obtain further information by participate in developing this AD. We examining the MCAI in the AD docket. installation. NWA explains that considered the comments received. airplanes configured with only a single Relevant Service Information Support for the NPRM lavatory require 57 labor hours for removal, installation, and testing. If an Airbus has issued Mandatory Service Air Line Pilots Association (ALPA), operator were to have a monument Bulletin A340–92–4073, Revision 02, International supports the NRPM. dated October 12, 2009. Revision 02 installation at each of the four locations, includes the following changes: Request To Extend Compliance Time NWA asserts that the labor hours could • Adds a note stating that the Northwest Airlines (NWA) requests be as high as 241 hours for an airplane modification of cable harness 5302VB/ that we extend the proposed compliance configured with three lavatories and a 5303VB is necessary only if the cable is time for the modification specified in video control center. installed; and paragraph (f) of the NPRM from within We agree to revise the Cost of • Makes minor text corrections. 24 months to within 24 months for Compliance section of the final rule to We referred to Airbus Mandatory locations where monuments are portray the cost to operators as though Service Bulletin A340–92–4073, installed, and for other specified all four locations require a monument Revision 01, dated January 13, 2009, as locations, to within 72 months or at the installation. As the service information the appropriate source of service time of a new monument installation, indicates, time to get access to the information for accomplishing the whichever occurs first. NWA explains modified area should be included in the actions specified in the NPRM (for that its Model A330 airplanes have a cost, with respect to operators having to Model A340–300 series airplanes). monument installed in only one of the perform a monument installation at all We have revised paragraphs (f)(1), four locations specified in the service four locations. We are adding 3 work- (f)(2), and (h) of this AD to cite Airbus information, and that according to hours to NWA’s estimate of 241 work- Mandatory Service Bulletin A340–92– paragraph (e) of the NPRM, the unsafe hours to account for the modification. 4073, Revision 02, dated October 12, condition only exists at locations where Also, the number of affected products of 2009. We have added paragraph (f)(3) of there is a monument installed. NWA U.S. registry is now 32. We have revised this AD to give credit for reasons that allowing a later compliance the Costs of Compliance section of the accomplishment of the actions done in time for those areas without monuments final rule accordingly. accordance with the Airbus Mandatory would allow operators to accomplish Conclusion Service Bulletin A340–92–4073, the required actions while access is Revision 01, dated January 13, 2009; or available to the monuments during We reviewed the available data, Airbus Mandatory Service Bulletin normally scheduled maintenance. including the comments received, and A340–92–4073, dated July 10, 2008. We do not agree to extend the determined that air safety and the Airbus has also issued Mandatory compliance time specified in paragraph public interest require adopting the AD Service Bulletin A330–92–3070, (f) of the final rule for door-2 locations with the changes described previously. Revision 02, dated August 19, 2009. without an installed monument. This We determined that these changes will Revision 02 includes the following AD requires modification of non-used not increase the economic burden on changes: hat-rack connections between the any operator or increase the scope of the • Removes airplanes from the monument and outer skin only for door- AD. effectivity; 2 areas where a monument is installed, Differences Between This AD and the • Makes minor text changes; as specified in the Accomplishment MCAI or Service Information • Changes the location of wire Instructions of Airbus Mandatory harness 5315VB/5316VB in Figure 2; Service Bulletin A330–92–3070, We have reviewed the MCAI and and Revision 02, dated August 19, 2009; or related service information and, in • Adds a note stating that Airbus Mandatory Service Bulletin general, agree with their substance. But modification of wire harness 5302VB/ A340–92–4073, Revision 02, dated we might have found it necessary to use 5303VB is only necessary if installed. October 12, 2009; which ensures the different words from those in the MCAI We referred to Airbus Mandatory clearance between the wire harnesses to ensure the AD is clear for U.S. Service Bulletin A330–92–3070, and the monument. The service operators and is enforceable. In making Revision 01, dated January 12, 2009, as bulletins also specify airplane these changes, we do not intend to differ the appropriate source of service configurations and the actions for each substantively from the information

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provided in the MCAI and related or on the distribution of power and airplanes; and Airbus Model A340–311, service information. responsibilities among the various –312, and –313 airplanes; certificated in any We might also have required different levels of government. category; all manufacturer serial numbers on actions in this AD from those in the For the reasons discussed above, I which Airbus Modification 48825 has been embodied in production, except those on MCAI in order to follow our FAA certify this AD: which Airbus Modification 57409 has been policies. Any such differences are 1. Is not a ‘‘significant regulatory embodied in production. highlighted in a NOTE within the AD. action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the Subject Explanation of Change to Costs of (d) Air Transport Association (ATA) of Compliance DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and America Code 92. Since issuance of the NPRM, we have 3. Will not have a significant Reason increased the labor rate used in the economic impact, positive or negative, Costs of Compliance from $80 per work- (e) The mandatory continuing on a substantial number of small entities airworthiness information (MCAI) states: hour to $85 per work-hour. The Costs of under the criteria of the Regulatory Compliance information, below, reflects In the door 2 area, the hat-racks are Flexibility Act. supplied with a basic wire harness which this increase in the specified hourly We prepared a regulatory evaluation includes ‘‘Oxygen Masks’’ activation. labor rate. of the estimated costs to comply with In case of a monument installation, the Costs of Compliance this AD and placed it in the AD docket. respective non-used hat-rack connections between monument and outer skin are put on We estimate that this AD will affect Examining the AD Docket stow. It was noticed in production, that the 32 products of U.S. registry. We also You may examine the AD docket on distance between the stowed wire harness estimate that it will take about 244 the Internet at http:// and the monument could be too small. This work-hours per product to comply with condition, if not corrected, could lead to the www.regulations.gov; or in person at the short circuit of wires dedicated to oxygen, the basic requirements of this AD. The Docket Operations office between 9 a.m. average labor rate is $85 per work-hour. which, in case of emergency, could result in and 5 p.m., Monday through Friday, a large number of passenger oxygen masks Required parts costs are negligible. except Federal holidays. The AD docket not being supplied with oxygen, possibly Where the service information lists contains the NPRM, the regulatory causing personal injuries. required parts costs that are covered evaluation, any comments received, and For the reasons described above, this AD under warranty, we have assumed that other information. The street address for requires the modification of the hat rack there will be no charge for these parts. the Docket Operations office (telephone connectors on stow, and the rerouting of the associated wire harness in case of monument As we do not control warranty coverage (800) 647–5527) is in the ADDRESSES installed in door 2 area. for affected parties, some parties may section. Comments will be available in incur costs higher than estimated here. the AD docket shortly after receipt. Actions and Compliance Based on these figures, we estimate the List of Subjects in 14 CFR Part 39 (f) Unless already done, do the following cost of this AD to the U.S. operators to actions. be $663,680, or $20,740 per product. Air transportation, Aircraft, Aviation (1) For airplanes on which a monument is Authority for This Rulemaking safety, Incorporation by reference, installed in the door 2 area, as specified in Safety. Airbus Mandatory Service Bulletin A330–92– Title 49 of the United States Code 3070, Revision 02, dated August 19, 2009; or specifies the FAA’s authority to issue Adoption of the Amendment Airbus Mandatory Service Bulletin A340–92– rules on aviation safety. Subtitle I, 4073, Revision 02, dated October 12, 2009: ■ Accordingly, under the authority section 106, describes the authority of Within 24 months after the effective date of delegated to me by the Administrator, the FAA Administrator. ‘‘Subtitle VII: this AD, modify both the left-hand (L/H) and the FAA amends 14 CFR part 39 as Aviation Programs,’’ describes in more right-hand (R/H) hat-rack connectors, in follows: accordance with the Accomplishment detail the scope of the Agency’s Instructions of Airbus Mandatory Service authority. PART 39—AIRWORTHINESS Bulletin A330–92–3070, Revision 02, dated We are issuing this rulemaking under DIRECTIVES August 19, 2009; or Airbus Mandatory the authority described in ‘‘Subtitle VII, Service Bulletin A340–92–4073, Revision 02, Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 dated October 12, 2009; as applicable; except General requirements.’’ Under that continues to read as follows: as provided by paragraphs (f)(2) and (f)(3) of section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. this AD. promoting safe flight of civil aircraft in (2) Modifications done before the effective air commerce by prescribing regulations § 39.13 [Amended] date of this AD, in accordance with the for practices, methods, and procedures Accomplishment Instructions of Airbus ■ 2. The FAA amends § 39.13 by adding Mandatory Service Bulletin A330–92–3070 the Administrator finds necessary for the following new AD: or A340–92–4073, both dated July 10, 2008, safety in air commerce. This regulation as applicable, are acceptable for compliance is within the scope of that authority 2010–10–25 Airbus: Amendment 39–16304. Docket No. FAA–2009–0914; Directorate with the applicable requirements of because it addresses an unsafe condition Identifier 2009–NM–122–AD. paragraph (f)(1) of this AD, provided that that is likely to exist or develop on within 24 months after the effective date of products identified in this rulemaking Effective Date this AD, the ‘‘ADDITIONAL WORK’’ specified action. (a) This airworthiness directive (AD) in the Accomplishment Instructions of becomes effective June 25, 2010. Airbus Mandatory Service Bulletin A330–92– Regulatory Findings 3070, Revision 01, dated January 12, 2009, or Affected ADs We determined that this AD will not Revision 02, dated August 19, 2009; or (b) None. Airbus Mandatory Service Bulletin A340–92– have federalism implications under 4073, Revision 01, dated January 13, 2009, or Executive Order 13132. This AD will Applicability Revision 02, dated October 12, 2009; as not have a substantial direct effect on (c) This AD applies to Airbus Model A330– applicable; is accomplished. the States, on the relationship between 201, –202, –203, –223, –243, –301, –302, (3) Modifying both the L/H and R/H hat- the national government and the States, –303, –321, –322, –323, –341, –342, and –343 rack connectors is also acceptable for

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compliance with the requirements of (2) For service information identified in DATES: This AD becomes effective on paragraph (f)(1) of this AD if done before the this AD, contact Airbus SAS—Airworthiness June 7, 2010. effective date of this AD in accordance with Office—EAL, 1 Rond Point Maurice Bellonte, The incorporation by reference of the Accomplishment Instructions of Airbus 31707 Blagnac Cedex, France; telephone +33 certain publications is approved by the Mandatory Service Bulletin A330–92–3070, 5 61 93 36 96; fax +33 5 61 93 45 80, e-mail Director of the Federal Register as of Revision 01, dated January 12, 2009; or [email protected]; Airbus Mandatory Service Bulletin A340–92– Internet http://www.airbus.com. June 7, 2010. 4073, Revision 01, dated January 13, 2009. (3) You may review copies of the service We must receive comments on this AD by July 20, 2010. FAA AD Differences information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, ADDRESSES: You may send comments by Note 1: This AD differs from the MCAI Washington. For information on the any of the following methods: and/or service information as follows: No availability of this material at the FAA, call • Federal eRulemaking Portal: Go to differences. 425–227–1221. http://www.regulations.gov. Follow the (4) You may also review copies of the Other FAA AD Provisions service information that is incorporated by instructions for submitting your (g) The following provisions also apply to comments electronically. reference at the National Archives and • this AD: Records Administration (NARA). For Fax: (202) 493–2251. (1) Alternative Methods of Compliance information on the availability of this • Mail: U.S. Department of (AMOCs): The Manager, International material at NARA, call 202–741–6030, or go Transportation, Docket Operations, M– Branch, ANM–116, Transport Airplane to: http://www.archives.gov/federal_register/ 30, West Building Ground Floor, Room Directorate, FAA, has the authority to code_of_federal_regulations/ W12–140, 1200 New Jersey Avenue, SE., approve AMOCs for this AD, if requested ibr_locations.html. Washington, DC 20590. using the procedures found in 14 CFR 39.19. • Send information to ATTN: Vladimir Issued in Renton, Washington, on May 6, Hand Delivery: U.S. Department of Ulyanov, Aerospace Engineer, International 2010. Transportation, Docket Operations, M– Branch, ANM–116, Transport Airplane Ali Bahrami, 30, West Building Ground Floor, Room Directorate, FAA, 1601 Lind Avenue, SW., Manager, Transport Airplane Directorate, W12–140, 1200 New Jersey Avenue, SE., Renton, Washington 98057–3356; telephone Aircraaft Certification Service. Washington, DC 20590, between 9 a.m. (425) 227–1138; fax (425) 227–1149. Before [FR Doc. 2010–11740 Filed 5–20–10; 8:45 am] and 5 p.m., Monday through Friday, using any approved AMOC on any airplane except Federal holidays. to which the AMOC applies, notify your BILLING CODE 4910–13–P principal maintenance inspector (PMI) or You may get the service information principal avionics inspector (PAI), as identified in this AD from American appropriate, or lacking a principal inspector, DEPARTMENT OF TRANSPORTATION Eurocopter Corporation, 2701 Forum your local Flight Standards District Office. Drive, Grand Prairie, TX 75053–4005, The AMOC approval letter must specifically Federal Aviation Administration telephone (800) 232–0323, fax (972) reference this AD. 14 CFR Part 39 641–3710, or at http:// (2) Airworthy Product: For any requirement www.eurocopter.com. in this AD to obtain corrective actions from [Docket No. FAA–2010–0489; Directorate Examining the Docket: You may a manufacturer or other source, use these Identifier 2009–SW–78–AD; Amendment 39– actions if they are FAA-approved. Corrective 16294; AD 2010–10–15] examine the AD docket on the Internet actions are considered FAA-approved if they at http://www.regulations.gov or in are approved by the State of Design Authority RIN 2120–AA64 person at the Docket Operations office (or their delegated agent). You are required between 9 a.m. and 5 p.m., Monday to assure the product is airworthy before it Airworthiness Directives; Eurocopter through Friday, except Federal holidays. is returned to service. France (ECF) Model AS332L1 and The AD docket contains this AD, the (3) Reporting Requirements: For any AS332L2 Helicopters economic evaluation, any comments reporting requirement in this AD, under the received, and other information. The provisions of the Paperwork Reduction Act AGENCY: Federal Aviation (44 U.S.C. 3501 et seq.), the Office of Administration (FAA), Department of street address for the Docket Operations Management and Budget (OMB) has Transportation (DOT). office (telephone (800) 647–5527) is stated in the ADDRESSES section of this approved the information collection ACTION: Final rule; request for AD. Comments will be available in the requirements and has assigned OMB Control comments. Number 2120–0056. AD docket shortly after receipt. Related Information SUMMARY: We are adopting a new FOR FURTHER INFORMATION CONTACT: (h) Refer to MCAI European Aviation airworthiness directive (AD) for the DOT/FAA Southwest Region, Gary Safety Agency Airworthiness Directive 2009– specified ECF model helicopters. This Roach, ASW–111, Aviation Safety 0077, dated April 6, 2009; Airbus Mandatory AD results from a mandatory continuing Engineer, Rotorcraft Directorate, Service Bulletin A330–92–3070, Revision 02, airworthiness information (MCAI) AD Regulations and Guidance Group, 2601 dated August 19, 2009; and Airbus issued by the European Aviation Safety Meacham Blvd., Fort Worth, Texas Mandatory Service Bulletin A340–92–4073, Agency (EASA), which is the Technical 76137, telephone (817) 222–5130, fax Revision 02, dated October 12, 2009; for Agent for the Member States of the (817) 222–5961. related information. European Community. The MCAI AD SUPPLEMENTARY INFORMATION: Material Incorporated by Reference states that with certain pilot and copilot Discussion (i) You must use Airbus Mandatory Service seats in the rear high position and seat Bulletin A330–92–3070, Revision 02, dated backrest fully tilted the seat shoulder EASA, which is the Technical Agent August 19, 2009; or Airbus Mandatory harness could become jammed between for the Member States of the European Service Bulletin A340–92–4073, Revision 02, the seat and bulkhead. This condition, Community, has issued AD No. 2009– dated October 12, 2009; as applicable; to do if not corrected, could result in the 0227–E, dated October 22, 2009, to the actions required by this AD, unless the shoulder harness binding and causing AD specifies otherwise. correct an unsafe condition for the (1) The Director of the Federal Register the inertial reel to malfunction and no specified Eurocopter model helicopters. approved the incorporation by reference of longer retain the flight crew member in The MCAI AD states that certain pilot this service information under 5 U.S.C. the seat in the event of an emergency or and copilot customized seats that have 552(a) and 1 CFR part 51. hard landing. rails with the rear stop moved aft in the

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full backward position interfere with FAA’s Determination of the Effective that is likely to exist or develop on bulkhead X1715. Tests revealed that Date helicopters identified in this rulemaking when an affected seat is in the rear high An unsafe condition exists that action. position and the seat backrest is fully requires the immediate adoption of this Regulatory Findings tilted, there is a risk of the shoulder AD. We find that the risk to the flying We determined that this AD will not harness jamming between the seat and public justifies waiving notice and have federalism implications under bulkhead X1715, which may prevent the comment prior to adoption of this rule Executive Order 13132. This AD will inertial reel from reeling the shoulder because of the short time frame required not have a substantial direct effect on harness in. This condition, if not to modify the seat rails to prevent a seat the States, on the relationship between corrected, could result in the shoulder shoulder harness jamming and resulting the national government and the States, harness binding and causing the inertial in further injury to a crewmember in an or on the distribution of power and reel to malfunction and no longer retain emergency or hard landing. Therefore, responsibilities among the various the flight crew member in the seat in the we have determined that notice and levels of government. event of an emergency or hard landing. opportunity for public comment before You may obtain further information Therefore, I certify this AD: issuing this AD are impracticable and by examining the MCAI AD and any 1. Is not a ‘‘significant regulatory that good cause exists for making this related service information in the AD action’’ under Executive Order 12866; amendment effective in fewer than 30 docket. 2. Is not a ‘‘significant rule’’ under the days. DOT Regulatory Policies and Procedures Related Service Information Comments Invited (44 FR 11034, February 26, 1979); and ECF has issued one Emergency Alert This AD is a final rule that involves 3. Will not have a significant Service Bulletin (EASB) with two economic impact, positive or negative, different numbers, both dated October requirements affecting flight safety, and we did not precede it by notice and on a substantial number of small entities 19, 2009. EASB No. 25.02.20 is for the under the criteria of the Regulatory Model AS332L1 and L2, and No. opportunity for public comment. However, we invite you to send us any Flexibility Act. 25.01.35 is for the non-FAA type We prepared an economic evaluation certificated Model AS532U2 military written data, views, or arguments concerning this AD. Send your of the estimated costs to comply with helicopters. The EASB specifies this AD and placed it in the AD docket. relocating the rear stops of the pilot and comments to an address listed under the copilot seats because of potential ADDRESSES section of this AD. Include List of Subjects in 14 CFR Part 39 ‘‘ interference between the seat shoulder Docket No. FAA–2010–0489; ’’ Air transportation, Aircraft, Aviation harness and bulkhead X1715. The Directorate Identifier 2009–SW–78–AD at the beginning of your comments. We safety, Incorporation by reference, actions described in the MCAI AD are Safety. intended to correct the same unsafe specifically invite comments on the condition as that identified in the overall regulatory, economic, Adoption of the Amendment service information. environmental, and energy aspects of this AD. We will consider all comments ■ Accordingly, under the authority FAA’s Evaluation and Unsafe Condition received by the closing date and may delegated to me by the Administrator, Determination amend this AD because of those the FAA amends 14 CFR part 39 as follows: These helicopters have been approved comments. by the aviation authority of France and We will post all comments we PART 39—AIRWORTHINESS are approved for operation in the United receive, without change, to http:// DIRECTIVES States. Pursuant to our bilateral www.regulations.gov including any agreement with France, EASA, their personal information you provide. We ■ 1. The authority citation for part 39 technical representative, has notified us will also post a report summarizing each continues to read as follows: of the unsafe condition described in the substantive verbal contact we receive Authority: 49 U.S.C. 106(g), 40113, 44701. MCAI AD. We are issuing this AD about this AD. because we evaluated all information Authority for This Rulemaking § 39.13 [Amended] provided by EASA and determined the ■ 2. The FAA amends § 39.13 by adding unsafe condition exists and is likely to Title 49 of the United States Code the following new AD: exist or develop on other helicopters of specifies the FAA’s authority to issue these same type designs. rules on aviation safety. Subtitle I, 2010–10–15 Eurocopter France: section 106, describes the authority of Amendment 39–16294. Docket No. Differences Between This AD and the the FAA Administrator. ‘‘Subtitle VII: FAA–2010–0489; Directorate Identifier MCAI AD Aviation Programs,’’ describes in more 2009–SW–78–AD. We refer to flight hours as hours time- detail the scope of the Agency’s Effective Date authority. in-service. (a) This airworthiness directive (AD) We are issuing this rulemaking under becomes effective on June 7, 2010. Costs of Compliance the authority described in ‘‘Subtitle VII, We estimate that this AD will affect Part A, Subpart III, Section 44701: Other Affected ADs about 3 helicopters of U.S. registry. We General requirements.’’ Under that (b) None. l also estimate that it will take about ⁄2 section, Congress charges the FAA with Applicability work-hour per helicopter to modify both promoting safe flight of civil aircraft in the seat rails. The average labor rate is air commerce by prescribing regulations (c) This AD applies to Model AS332L1 and AS332L2 helicopters, certificated in any $85 per work-hour with negligible cost for practices, methods, and procedures category, with the customized ‘‘rails with the for parts. Based on these figures, we the Administrator finds necessary for rear stop moved aft’’ rail assemblies, part estimate the cost of this AD on U.S. safety in air commerce. This regulation number (P/N) 332P76–9012–02 or P/N operators will be $128 for the entire is within the scope of that authority 332P76–9012–03, installed, but without fleet. because it addresses an unsafe condition modification (MOD) 332V080210.00.

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Reason Material Incorporated by Reference * * * The leakage of the check valves was (d) The mandatory continuing (k) You must use the specified portions of caused by an incorrect spring material. The airworthiness information (MCAI) AD states Eurocopter Emergency Alert Service Bulletin affected Crissair check valves * * * were then replaced with improved check valves P/ that with certain pilot and copilot seats in the No. 25.02.20, dated October 19, 2009, to do N [part number] 2S2794–1 * * *. rear high position and seat backrest fully the actions required. (1) The Director of the Federal Register More recently, similar issues were again tilted the seat shoulder harness could become reported on aeroplanes with Crissair check jammed between the seat and bulkhead approved the incorporation by reference of this service information under 5 U.S.C. valves P/N 2S2794–1 installed. The X1715 adversely affecting the strap tension investigations * * * have shown that a and potentially disabling the proper function 552(a) and 1 CFR part 51. (2) For service information identified in spring, mounted inside the valve, does not of the inertial reel. This condition, if not meet the Airbus type design specifications. this AD, contact American Eurocopter corrected could result in the shoulder This situation, if not corrected, can cause Corporation, 2701 Forum Drive, Grand harness no longer retaining the flight crew hydraulic system functional degradation, Prairie, TX 75053–4005, telephone (800) member in the seat in the event of an possibly resulting in reduced control of the 232–0323, fax (972) 641–3710, or at http:// emergency or hard landing. aeroplane when combined with an air duct www.eurocopter.com. leak, air conditioning system contamination Actions and Compliance (3) You may review copies at the FAA, or, if installed, malfunction of the fire Office of the Regional Counsel, Southwest (e) Within 15 hours time-in-service (TIS), extinguishing system in the Class ‘C’ cargo Region, 2601 Meacham Blvd, Fort Worth, TX modify the pilot and copilot seats by compartment. 76137; or at the National Archives and relocating the rail rear stops to the position * * * * * ‘‘ Records Administration (NARA). For depicted in Figure 2, without the ‘rail with We are issuing this AD to require the rear stop moved aft’ customization’’ or information on the availability of this ‘‘Post-Mod 332V080210.00.’’ Do the material at NARA, call (202) 741–6030, or go actions to correct the unsafe condition to: http://www.archives.gov/federal-register/ modification by following the Operational on these products. cfr/ibr-locations.html. Procedure, of the Accomplishment DATES: This AD becomes effective June Instructions, paragraph 2.B.1., of Eurocopter Issued in Fort Worth, Texas, on April 29, 25, 2010. Emergency Alert Service Bulletin (EASB) No. 2010. The Director of the Federal Register 25.02.20, dated October 19, 2009. After Mark R. Schilling, approved the incorporation by reference modifying the position of the rear stop, Acting Manager, Rotorcraft Directorate, of certain publications listed in this AD identify the modification (MOD) using Aircraft Certification Service. as of June 25, 2010. indelible ink and marking [FR Doc. 2010–11420 Filed 5–20–10; 8:45 am] ADDRESSES: You may examine the AD ‘‘MOD332V080210.00’’ on the left rail at the docket on the Internet at http:// rear stop. BILLING CODE 4910–13–P www.regulations.gov or in person at the Note: The one Eurocopter EASB contains U.S. Department of Transportation, two different service bulletin numbers (Nos. DEPARTMENT OF TRANSPORTATION 25.02.20 and 25.01.35) applicable to two Docket Operations, M–30, West Building Ground Floor, Room W12–140, different Eurocopter model helicopters. Federal Aviation Administration EASB No. 25.02.20 relates to Eurocopter 1200 New Jersey Avenue, SE., Model AS332L1 and L2 helicopters. EASB Washington, DC. No. 25.01.35 relates to Eurocopter Model 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Dan AS532U2 military helicopters that are not [Docket No. FAA–2010–0172; Directorate Rodina, Aerospace Engineer, type certificated in the United States. Identifier 2009–NM–189–AD; Amendment International Branch, ANM–116, (f) After the effective date of this AD, do 39–16308; AD 2010–11–03] Transport Airplane Directorate, FAA, not install a pilot or copilot left seat rail, P/ 1601 Lind Avenue, SW., Renton, RIN 2120–AA64 N 332P76–9012–02 or P/N 332P76–9012–03, Washington 98057–3356; telephone on a helicopter unless it has been modified (425) 227–2125; fax (425) 227–1149. and reidentified by following paragraph (e) of Airworthiness Directives; Airbus Model SUPPLEMENTARY INFORMATION: this AD. A300 Series Airplanes; Model A300 B4–600, B4–600R, F4–600R Series Discussion Differences Between This AD and the MCAI Airplanes, and Model A300 C4–605R AD Variant F Airplanes (Collectively Called We issued a notice of proposed (g) We refer to flight hours as hours TIS. A300–600 Series Airplanes); and A310 rulemaking (NPRM) to amend 14 CFR Series Airplanes part 39 to include an AD that would Other Information apply to the specified products. That (h) Alternative Methods of Compliance AGENCY: Federal Aviation NPRM was published in the Federal (AMOCs): The Manager, Safety Management Administration (FAA), Department of Register on February 25, 2010 (75 FR Group, ATTN: DOT/FAA Southwest Region, Transportation (DOT). 8551). That NPRM proposed to correct Gary Roach, ASW–111, Aviation Safety an unsafe condition for the specified Engineer, Rotorcraft Directorate, Regulations ACTION: Final rule. and Guidance Group, 2601 Meacham Blvd., products. The MCAI states: SUMMARY: Fort Worth, Texas 76137, telephone (817) We are adopting a new In the past, some operators have reported 222–5130, fax (817) 222–5961, has the airworthiness directive (AD) for the difficulties to pressurise the hydraulic authority to approve AMOCs for this AD, if products listed above. This AD results reservoirs, due to leakage of the Crissair requested, using the procedures found in 14 from mandatory continuing reservoir air pressurisation check valves. In CFR 39.19. airworthiness information (MCAI) some cases, the air conditioning system was originated by an aviation authority of contaminated with hydraulic mist. The Related Information another country to identify and correct leakage of the check valves was caused by an (i) The European Aviation Safety Agency an unsafe condition on an aviation incorrect spring material. The affected MCAI AD No. 2009–0227–E, dated October product. The MCAI describes the unsafe Crissair check valves Part Number (P/N) 22, 2009, contains related information. 2S2794 were then replaced with improved condition as: check valves P/N 2S2794–1 in accordance Joint Aircraft System/Component (JASC) In the past, some operators have reported with Airbus Service Information Letter Code difficulties to pressurise the hydraulic 29–020. (j) The JASC Code is 5347: Seat/Cargo reservoirs, due to leakage of the Crissair More recently, similar issues were again Attach Fittings. reservoir air pressurisation check valves. reported on aeroplanes with Crissair check

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valves P/N 2S2794–1 installed. The Costs of Compliance contains the NPRM, the regulatory investigations carried out on those check evaluation, any comments received, and valves have shown that a spring, mounted We estimate that this AD will affect 206 products of U.S. registry. We also other information. The street address for inside the valve, does not meet the Airbus the Docket Operations office (telephone type design specifications. estimate that it will take about 12 work- ADDRESSES This situation, if not corrected, can cause hours per product to comply with the (800) 647–5527) is in the hydraulic system functional degradation, basic requirements of this AD. The section. Comments will be available in possibly resulting in reduced control of the average labor rate is $85 per work-hour. the AD docket shortly after receipt. aeroplane when combined with an air duct Based on these figures, we estimate the List of Subjects in 14 CFR Part 39 leak, air conditioning system contamination cost of this AD to the U.S. operators to or, if installed, malfunction of the fire be $210,120, or $1,020 per product. Air transportation, Aircraft, Aviation extinguishing system in the Class ‘C’ cargo safety, Incorporation by reference, compartment. Authority for This Rulemaking Safety. For the reasons described above, EASA [European Aviation Safety Agency] AD 2008– Title 49 of the United States Code Adoption of the Amendment specifies the FAA’s authority to issue 0166 was issued to require the inspection of ■ the Crissair check valves P/N 2S2794–1, to rules on aviation safety. Subtitle I, Accordingly, under the authority identify serial numbers (s/n) and the section 106, describes the authority of delegated to me by the Administrator, replacement of the affected ones with the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as serviceable units. Aviation Programs,’’ describes in more follows: Later on, further investigation by the detail the scope of the Agency’s vendor Crissair revealed more suspect check authority. PART 39—AIRWORTHINESS valves P/N 2S2794–1. Based on this, it was We are issuing this rulemaking under DIRECTIVES concluded that EASA AD 2008–0166 did not the authority described in ‘‘Subtitle VII, ■ adequately address the unsafe condition and 1. The authority citation for part 39 also did not correctly identify the Functional Part A, Subpart III, Section 44701: continues to read as follows: General requirements.’’ Under that Item Numbers (FIN) of the various aeroplane Authority: 49 U.S.C. 106(g), 40113, 44701. installations of the affected valves. section, Congress charges the FAA with Consequently, EASA AD Cancellation Notice promoting safe flight of civil aircraft in § 39.13 [Amended] No.: 2008–0166–CN was issued on 29 air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding October 2008 to cancel EASA AD 2008–0166. for practices, methods, and procedures the following new AD: An updated list of suspect check valves the Administrator finds necessary for with P/N 2S2794–1 has now been issued by safety in air commerce. This regulation 2010–11–03 Airbus: Amendment 39–16308. Crissair Inc., the manufacturer. is within the scope of that authority Docket No. FAA–2010–0172; Directorate Consequently, this EASA AD requires the Identifier 2009–NM–189–AD. identification of the check valves by s/n and because it addresses an unsafe condition the replacement of the affected ones with that is likely to exist or develop on Effective Date serviceable units. products identified in this rulemaking (a) This airworthiness directive (AD) action. becomes effective June 25, 2010. You may obtain further information by examining the MCAI in the AD docket. Regulatory Findings Affected ADs Comments We determined that this AD will not (b) None. have federalism implications under Applicability We gave the public the opportunity to Executive Order 13132. This AD will (c) This AD applies to Airbus Model A300 participate in developing this AD. We not have a substantial direct effect on received no comments on the NPRM or B2–1A, B2–1C, B2K–3C, B2–203, B4–2C, B4– the States, on the relationship between 103, B4–203, B4–601, B4–603, B4–620, B4– on the determination of the cost to the the national government and the States, public. 622, B4–605R, B4–622R, F4–605R, F4–622R, or on the distribution of power and and C4–605R Variant F airplanes; and Model Conclusion responsibilities among the various A310–203, –204, –221, –222, –304, –322, levels of government. –324, and –325 airplanes; certificated in any We reviewed the available data and For the reasons discussed above, I category, all certified models and all serial determined that air safety and the certify this AD: numbers on which any Crissair check valve public interest require adopting the AD 1. Is not a ‘‘significant regulatory part number 2S2794–1 is installed. as proposed. action’’ under Executive Order 12866; Subject 2. Is not a ‘‘significant rule’’ under the Differences Between This AD and the (d) Air Transport Association (ATA) of MCAI or Service Information DOT Regulatory Policies and Procedures America Code 29: Hydraulic Power; and 26: (44 FR 11034, February 26, 1979); and Fire Protection. We have reviewed the MCAI and 3. Will not have a significant related service information and, in economic impact, positive or negative, Reason general, agree with their substance. But on a substantial number of small entities (e) The mandatory continuing we might have found it necessary to use under the criteria of the Regulatory airworthiness information (MCAI) states: different words from those in the MCAI Flexibility Act. In the past, some operators have reported to ensure the AD is clear for U.S. We prepared a regulatory evaluation difficulties to pressurise the hydraulic operators and is enforceable. In making of the estimated costs to comply with reservoirs, due to leakage of the Crissair these changes, we do not intend to differ this AD and placed it in the AD docket. reservoir air pressurization check valves. In substantively from the information some cases, the air conditioning system was provided in the MCAI and related Examining the AD Docket contaminated with hydraulic mist. The service information. You may examine the AD docket on leakage of the check valves was caused by an incorrect spring material. The affected We might also have required different the Internet at http:// Crissair check valves Part Number (P/N) actions in this AD from those in the www.regulations.gov; or in person at the 2S2794 were then replaced with improved MCAI in order to follow our FAA Docket Operations office between 9 a.m. check valves P/N 2S2794–1 in accordance policies. Any such differences are and 5 p.m., Monday through Friday, with Airbus Service Information Letter 29– highlighted in a NOTE within the AD. except Federal holidays. The AD docket 020.

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More recently, similar issues were again replacement of the affected ones with Actions and Compliance reported on aeroplanes with Crissair check serviceable units. (f) Unless already done, do the following valves P/N 2S2794–1 installed. The Later on, further investigation by the actions. investigations carried out on those check vendor Crissair revealed more suspect check (1) At the applicable compliance time valves have shown that a spring, mounted valves P/N 2S2794–1. Based on this, it was specified in Table 1 of this AD: For Crissair inside the valve, does not meet the Airbus concluded that EASA AD 2008–0166 did not check valves, P/N 2S2794–1, identify the type design specifications. adequately address the unsafe condition and This situation, if not corrected, can cause also did not correctly identify the Functional serial number using Appendix 1 of the hydraulic system functional degradation, Item Numbers (FIN) of the various aeroplane applicable service bulletin identified in Table possibly resulting in reduced control of the installations of the affected valves. 2 of this AD, in accordance with the aeroplane when combined with an air duct Consequently, EASA AD Cancellation Notice Accomplishment Instructions of the leak, air conditioning system contamination No.: 2008–0166–CN was issued on 29 applicable service bulletin identified in Table or, if installed, malfunction of the fire October 2008 to cancel EASA AD 2008–0166. 2 of this AD. Except as provided by extinguishing system in the Class ‘C’ cargo An updated list of suspect check valves paragraph (f)(2) of this AD, for any valve compartment. with P/N 2S2794–1 has now been issued by having a serial number listed in Appendix 1 For the reasons described above, EASA Crissair Inc., the manufacturer. of the applicable service bulletin identified [European Aviation Safety Agency] AD 2008– Consequently, this EASA AD requires the in Table 2 of this AD, before further flight, 0166 was issued to require the inspection of identification of the check valves by s/n and install a new or modified check valve in the Crissair check valves P/N 2S2794–1, to the replacement of the affected ones with accordance with the applicable service identify serial numbers (s/n) and the serviceable units. bulletin identified in Table 2 of this AD.

TABLE 1—AFFECTED CHECK VALVE INSTALLATION

Affected check valve installation, identified by FIN (Functional Item Number) Compliance time

(i) Airplanes having Hydraulic System with FIN 29/1388, FIN 29/2388 and FIN 29/ Within 4 months after the effective date of this AD. 3388. (ii) Cargo Compartment Fire Extinguishing System, equipped with Flow Metering Within 4 months after the effective date of this AD. System (A310 and A300–600 airplanes having ‘‘post-Airbus modification 06403’’ only) FIN 26/0203. (iii) Airplanes having Hydraulic System with FIN 29/1378, FIN 29/1382 and FIN Within 30 months after the effective date of this AD. 29/1394. (iv) Hydraulic System (A300 airplanes having configuration 01 ‘‘pre-Airbus modi- Within 30 months after the effective date of this AD. fication 03079’’ only) FIN 29/1381.

(2) Check valves P/N 2S2794–1 marked replaced. Check valves with P/N 2S2794 are a serial number other than those listed in with an ‘‘R’’ have already been modified in not affected and do not need to be replaced. Appendix 1 of the applicable service bulletin accordance with Crissair Service Bulletin (3) As of the effective date of this AD, no identified in Table 2 of this AD, or unless 20070407–29–1 and do not need to be person may install any Crissair check valve, check valve P/N 2S2794–1 is marked with an P/N 2S2794–1, on any airplane unless it has ‘‘R.’’

TABLE 2—SERVICE INFORMATION

For Airbus Model— Use Airbus Mandatory Service Bulletin— Revision— Dated—

A300 airplanes ...... A300–29–0124, including Appendices 1, 2, and 3 ...... 02 March 10, 2009. A300–600 airplanes ...... A300–29–6060, including Appendices 1, 2, and 3 ...... 01 March 10, 2009. A310 airplanes ...... A310–29–2097, including Appendices 1, 2, and 3 ...... 01 March 19, 2009.

(4) Submit an inspection report of the Although the MCAI states not to install the principal maintenance inspector (PMI) or inspection required by paragraph (f)(1) of this part identified in paragraph (f)(3) of this AD principal avionics inspector (PAI), as AD to Airbus Customer Services Directorate, after accomplishing the actions specified in appropriate, or lacking a principal inspector, 1 Rond Point Maurice Bellonte, 31707 paragraph (f)(1) of this AD, this AD prohibits your local Flight Standards District Office. Blagnac Cedex, France; telephone +33 5 61 installation of the part as of the effective date The AMOC approval letter must specifically 93 33 33; fax +33 5 61 93 42 51; e-mail: of this AD. reference this AD. [email protected]; at the applicable (2) Airworthy Product: For any requirement Other FAA AD Provisions time specified in paragraph (f)(4)(i) or in this AD to obtain corrective actions from (f)(4)(ii) of this AD. The report must include (g) The following provisions also apply to a manufacturer or other source, use these the information specified on the inspection this AD: actions if they are FAA-approved. Corrective report sheet provided in the applicable (1) Alternative Methods of Compliance actions are considered FAA-approved if they service bulletin identified in Table 2 of this (AMOCs): The Manager, International are approved by the State of Design Authority AD. Branch, ANM–116, Transport Airplane (or their delegated agent). You are required (i) If the inspection was done on or after Directorate, FAA, has the authority to the effective date of this AD: Submit the approve AMOCs for this AD, if requested to assure the product is airworthy before it report within 30 days after the inspection. using the procedures found in 14 CFR 39.19. is returned to service. (ii) If the inspection was done before the Send information to ATTN: Dan Rodina, (3) Reporting Requirements: For any effective date of this AD: Submit the report Aerospace Engineer, International Branch, reporting requirement in this AD, under the within 30 days after the effective date of this ANM–116, Transport Airplane Directorate, provisions of the Paperwork Reduction Act AD. FAA, 1601 Lind Avenue, SW., Renton, (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has FAA AD Differences Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. Before using approved the Information collection Note 1: This AD differs from the MCAI any approved AMOC on any airplane to requirements and has assigned OMB Control and/or service information as follows: which the AMOC applies, notify your Number 2120–0056.

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Related Information this service information under 5 U.S.C. Washington. For information on the (h) Refer to MCAI EASA Airworthiness 552(a) and 1 CFR part 51. availability of this material at the FAA, call Directive 2009–0171, dated August 5, 2009; (2) For service information identified in 425–227–1221. and the service bulletins identified in Table this AD, contact Airbus SAS–EAW (4) You may also review copies of the 2 of this AD; for related information. (Airworthiness Office), 1 Rond Point Maurice service information that is incorporated by Bellonte, 31707 Blagnac Cedex, France; reference at the National Archives and Material Incorporated by Reference telephone +33 5 61 93 36 96; fax +33 5 61 Records Administration (NARA). For (i) You must use the service information 93 44 51; e-mail: account.airworth- information on the availability of this contained in Table 3 of this AD to do the [email protected]; Internet http:// actions required by this AD, unless the AD www.airbus.com. material at NARA, call 202–741–6030, or go _ specifies otherwise. (3) You may review copies of the service to: http://www.archives.gov/federal register/ (1) The Director of the Federal Register information at the FAA, Transport Airplane code_of_federal_regulations/ approved the incorporation by reference of Directorate, 1601 Lind Avenue, SW., Renton, ibr_locations.html.

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date

Airbus Mandatory Service Bulletin A300–29–0124, including Appendices 1, 2, and 3 ...... 02 March 10, 2009. Airbus Mandatory Service Bulletin A300–29–6060, including Appendices 1, 2, and 3 ...... 01 March 10, 2009. Airbus Mandatory Service Bulletin A310–29–2097, including Appendices 1, 2, and 3 ...... 01 March 19, 2009.

Issued in Renton, Washington, on May 11, only for certain propeller models. This FR 50892). That action proposed to 2010. AD results from the FAA determining require visual inspections before further Ali Bahrami, that AD 70–16–02 does not apply to all flight of the blade pitch change Manager, Transport Airplane Directorate, propellers, since current Dowty operating links and eyebolt fork Aircraft Certification Service. propellers are differently designed. We assemblies and replacement or heat- [FR Doc. 2010–11757 Filed 5–20–10; 8:45 am] are issuing this AD supersedure to treatment of them, if necessary, for BILLING CODE 4910–13–P specify the affected propeller models, certain Dowty Propellers, propeller and to prevent seizure or embrittlement models. and cracking of the blade pitch change Examining the AD Docket DEPARTMENT OF TRANSPORTATION operating links and eyebolt fork assemblies, which could result in You may examine the AD docket on Federal Aviation Administration reduced controllability of the airplane. the Internet at http:// DATES: This AD becomes effective June www.regulations.gov; or in person at the 14 CFR Part 39 25, 2010. The Director of the Federal Docket Operations office between 9 a.m. [Docket No. FAA–2008–0750; Directorate Register approved the incorporation by and 5 p.m., Monday through Friday, Identifier 2008–NE–21–AD; Amendment 39– reference of certain publications listed except Federal holidays. The AD docket 16302; AD 2010–10–23] in the regulations as of June 25, 2010. contains this AD, the regulatory evaluation, any comments received, and ADDRESSES: You can get the service RIN 2120–AA64 other information. The street address for information identified in this AD from the Docket Operations office (telephone Airworthiness Directives; Dowty Dowty Propellers, Anson Business Park, (800) 647–5527) is provided in the Propellers R175/4–30–4/13; R175/4–30– Cheltenham Road East, Gloucester GL2 ADDRESSES section. Comments will be 4/13e; R184/4–30–4/50; R193/4–30– 9QN, UK; Telephone 44 (0) 1452 available in the AD docket shortly after 4/50; R193/4–30–4/61; R193/4–30–4/64; 716000; fax 44 (0) 1452 716001. receipt. R193/4–30–4/65; R193/4–30–4/66; The Docket Operations office is R.209/4–40–4.5/2; R212/4–30–4/22; located at Docket Management Facility, Comments R.245/4–40–4.5/13; R257/4–30–4/60; U.S. Department of Transportation, 1200 We provided the public the and R.259/4–40–4.5/17 Model New Jersey Avenue, SE., West Building opportunity to participate in the Propellers Ground Floor, Room W12–140, development of this AD. We have Washington, DC 20590–0001. AGENCY: Federal Aviation considered the comment received. FOR FURTHER INFORMATION CONTACT: Administration (FAA), Department of Request To Revise the Proposed Transportation (DOT). Terry Fahr, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Applicability ACTION: Final rule. Engine and Propeller Directorate, 12 One commenter, a private citizen, SUMMARY: The FAA is superseding an New England Executive Park, states that there were no Dowty Rotol existing airworthiness directive (AD) for Burlington, MA 01803; e-mail: propellers installed on Convair 240, the Dowty Propellers, propeller models [email protected]; telephone (781) 238– 340, and 440 airplanes. However, the listed above. That AD currently 7155; fax (781) 238–7170. commenter also states that Convair 240, requires, for all Dowty Rotol propellers, SUPPLEMENTARY INFORMATION: The FAA 340, and 440 airplanes modified by visual inspections for seizure and for proposed to amend 14 CFR part 39 by supplemental type certificates (STC) cadmium plating of the blade pitch superseding AD 70–16–02, Amendment SA1054WE and SA1096SW, do have change operating links and eyebolt fork 39–1503 (37 FR 16535, August 16, Dowty Rotol propellers installed. The assemblies. That AD also requires 1972), with a proposed AD. The propeller R.245/4–40–4.5 is used on a replacement or heat-treatment of the proposed AD applies to certain Dowty Convair model 240, redesignated as blade pitch change operating links and Propellers, propeller models. We Convair model 600 on supplemental eyebolt fork assemblies, if necessary. published the proposed AD in the type certificate (STC) SA1054WE, and This AD requires the same actions, but Federal Register on August 29, 2008 (74 the propellers R.245/4–40–4.5 and

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R.259/4–40–4.5 are used on Convair not have a substantial direct effect on propellers are installed on, but not limited to, models 340 and 440, redesignated the States, on the relationship between Fairchild F–27, Fairchild-Hiller FH–227, Convair model 640 on STC SA1096SW. the national government and the States, Grumman G–159, Nihon YS–11, and BAe HS We partially agree. We reviewed these or on the distribution of power and 748 Series 2 airplanes, Convair 240 airplanes STCs, and the aircraft type certificate modified per supplemental type certificate responsibilities among the various (STC) SA1054WE, and Convair 340 and 440 data sheets A–793 and 6A6, and levels of government. airplanes modified per STC SA1096SW. determined there are no official Convair For the reasons discussed above, I model designations of 600 or 640 for certify that this AD: Unsafe Condition these airplanes. We agree that Convair (1) Is not a ‘‘significant regulatory (d) This AD results from the FAA airplanes models 240, 340, and 440 if action’’ under Executive Order 12866; determining that AD 70–16–02 does not modified by these STCs have Dowty (2) Is not a ‘‘significant rule’’ under apply to all propellers, since current Dowty propellers installed and are affected by DOT Regulatory Policies and Procedures Rotol propellers are differently designed. We this proposed AD. We changed the AD (44 FR 11034, February 26, 1979); and are issuing this AD supersedure to specify the affected propeller models, and to prevent applicability to call out the STCs, to (3) Will not have a significant seizure or embrittlement and cracking of the remove the reference to Convair 600, economic impact, positive or negative, blade pitch change operating links and and to list the complete part numbers of on a substantial number of small entities eyebolt fork assemblies, which could result the affected propellers, instead of the under the criteria of the Regulatory in reduced controllability of the airplane. basic part numbers. We also deleted Flexibility Act. Compliance propeller part number R251/4–30–4 We prepared a summary of the costs from the applicability, as it was to comply with this AD and placed it in (e) You are responsible for having the inadvertently listed. the AD Docket. You may get a copy of actions required by this AD performed before further flight after the effective date of this this summary at the address listed Conclusion AD, unless the actions have already been under ADDRESSES. done. We have carefully reviewed the List of Subjects in 14 CFR Part 39 (f) Inspect the blade pitch change operating available data, including the comment link and eyebolt fork assembly for: received, and determined that air safety Air transportation, Aircraft, Aviation (1) Seizure (the link and eyebolt are seized and the public interest require adopting safety, Incorporation by reference, if the torque required to move the link is 300 the AD with the changes described Safety. inch pounds or more); and previously. (2) Cadmium plating on the mating Adoption of the Amendment surfaces between the operating link and Costs of Compliance ■ Accordingly, under the authority eyebolt fork and the holes through the eyebolt fork and the operating link. We anticipate that this AD will affect delegated to me by the Administrator, no propellers installed on airplanes of (g) If the link and eyebolt fork are not the Federal Aviation Administration seized and have not been cadmium plated, U.S. registry, as the affected propellers amends 14 CFR part 39 as follows: they may remain in service. should already be in compliance with (h) If the link and eyebolt fork are not AD 70–16–02 since it became effective, PART 39—AIRWORTHINESS seized but cadmium plating is found in the on August 21, 1972. Based on this DIRECTIVES prohibited areas, remove the plating by information, we estimate the total cost means of wet or dry silicon carbide paper, ■ of the AD to U.S. operators to be $0. 1. The authority citation for part 39 fine or medium grade, and conduct a continues to read as follows: magnetic crack test. If no cracks are found, Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. the assembly may remain in service until the Title 49 of the United States Code next propeller overhaul for air carrier specifies the FAA’s authority to issue § 39.13 [Amended] airplanes and airplanes under a continuous rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by maintenance program or for 3,300 hours removing Amendment 39–1503 (37 FR time-in-service after the effective date of this Section 106, describes the authority of AD for all other airplanes. At the next the FAA Administrator. Subtitle VII, 16535, August 16, 1972), and by adding propeller overhaul for air carrier airplanes Aviation Programs, describes in more a new airworthiness directive, and airplanes under a continuous detail the scope of the Agency’s Amendment 39–16302, to read as maintenance program, or within 3,300 hours authority. follows: time-in-service after the effective date of this We are issuing this rulemaking under 2010–10–23 Dowty Propellers (Formerly AD for all other airplanes, heat treat the links the authority described in Subtitle VII, Dowty Aerospace; Dowty Rotol Limited; and eyebolt forks found to have been Part A, Subpart III, Section 44701, and Dowty Rotol): Amendment 39– cadmium plated, to remove embrittlement. ‘‘General requirements.’’ Under that 16302. Docket No. FAA–2008–0750; Use Dowty Rotol Service Bulletin No. 61– section, Congress charges the FAA with Directorate Identifier 2008–NE–21–AD. 754, dated June 12, 1970 to perform the heat treatment. promoting safe flight of civil aircraft in Effective Date (i) If the link and eyebolt fork are seized, air commerce by prescribing regulations (a) This airworthiness directive (AD) remove the link and eyebolt fork from service for practices, methods, and procedures becomes effective June 25, 2010. and replace them with an assembly having a the Administrator finds necessary for part number approved for that model safety in air commerce. This regulation Affected ADs propeller that has not been cadmium plated is within the scope of that authority (b) This AD supersedes AD 70–16–02, in the prohibited areas. because it addresses an unsafe condition Amendment 39–1503. (j) If the link or eyebolt fork are found to be cracked during the inspection in that is likely to exist or develop on Applicability products identified in this rulemaking paragraph (h) of this AD, remove the cracked (c) This AD applies to Dowty Propellers part from service and replace it with a part action. R175/4–30–4/13; R175/4–30–4/13e; R184/4– having a part number approved for that Regulatory Findings 30–4/50; R193/4–30–4/50; R193/4–30–4/61; model propeller that has not been cadmium R193/4–30–4/64; R193/4–30–4/65; R193/4– plated. We have determined that this AD will 30–4/66; R.209/4–40–4.5/2; R212/4–30–4/22; (k) The inspection required by paragraph not have federalism implications under R.245/4–40–4.5/13; R257/4–30–4/60; and (f) of this AD need not be performed and the Executive Order 13132. This AD will R.259/4–40–4.5/17 model propellers. These propeller may remain in service if:

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(1) The operator can show that no SUMMARY: We are superseding an Note: Aircraft Flight Manuals (AFM’S) cadmium plating exists in the prohibited existing airworthiness directive (AD) for refer to these changes as MOD G1–20052. areas of that propeller; or the products listed above. This AD Incomplete closure of the MED may be (2) It is a new propeller that has never been followed by in-flight opening of the door. As overhauled. results from mandatory continuing a result, the MED and the adjacent fuselage airworthiness information (MCAI) structure may be damaged during opening Alternative Methods of Compliance originated by an aviation authority of and landing impact. Damage to the left (l) The Manager, Boston Aircraft another country to identify and correct engine by flying debris and objects may also Certification Office, FAA, has the authority to an unsafe condition on an aviation occur. approve alternative methods of compliance product. The MCAI describes the unsafe Required actions include modifying the for this AD if requested using the procedures condition as: found in 14 CFR 39.19. warning and caution lights panel * * * * * (WACLP), changing the WACLP and Related Information Incomplete closure of the MED [main entry MED wiring, changing the wiring (m) Contact Terry Fahr, Aerospace door] may be followed by in-flight opening harness connecting the MED to the Engineer, Boston Aircraft Certification Office, of the door. As a result, the MED and the WACLP, and ensuring the Log of FAA, Engine and Propeller Directorate, 12 adjacent fuselage structure may be damaged Modification of the AFM includes New England Executive Park, Burlington, during opening and landing impact. Damage MA 01803; e-mail: [email protected]; reference to MOD G1–20052. You may to the left engine by flying debris and objects telephone (781) 238–7155; fax (781) 238– obtain further information by examining may also occur. 7170, for more information about this AD. the MCAI in the AD docket. We are issuing this AD to require Material Incorporated by Reference Comments actions to correct the unsafe condition (n) You must use Dowty Rotol Service on these products. We gave the public the opportunity to Bulletin No. 61–754, dated June 12, 1970 to DATES: This AD becomes effective June participate in developing this AD. We perform the heat treatment required by this received no comments on the NPRM or AD. The Director of the Federal Register 25, 2010. approved the incorporation by reference of The Director of the Federal Register on the determination of the cost to the this service bulletin in accordance with 5 approved the incorporation by reference public. U.S.C. 552(a) and 1 CFR part 51. Contact of certain publications listed in this AD Explanation of Change to Applicability Dowty Propellers, Anson Business Park, as of June 25, 2010. Cheltenham Road East, Gloucester GL2 9QN, We have revised the applicability of UK; Telephone 44 (0) 1452 716000; fax 44 (0) ADDRESSES: You may examine the AD the existing AD to identify model 1452 716001 for a copy of this service docket on the Internet at http:// designations as published in the most information. You may review copies at the www.regulations.gov or in person at the recent type certificate data sheet for the FAA, New England Region, 12 New England U.S. Department of Transportation, affected models. Executive Park, Burlington, MA; or at the Docket Operations, M–30, West National Archives and Records Building Ground Floor, Room W12–140, Conclusion Administration (NARA). For information on the availability of this material at NARA, call 1200 New Jersey Avenue, SE., We reviewed the available data and 202–741–6030, or go to: http:// Washington, DC. determined that air safety and the www.archives.gov/federal-register/cfr/ibr- FOR FURTHER INFORMATION CONTACT: public interest require adopting the AD locations.html. Mike Borfitz, Aerospace Engineer, with the changes described previously. Issued in Burlington, Massachusetts on International Branch, ANM–116, We determined that these changes will May 5, 2010. Transport Airplane Directorate, FAA, not increase the economic burden on Peter A. White, 1601 Lind Avenue, SW., Renton, any operator or increase the scope of the Assistant Manager, Engine and Propeller Washington 98057–3356; telephone AD. Directorate, Aircraft Certification Service. (425) 227–2677; fax (425) 227–1149. Differences Between This AD and the [FR Doc. 2010–11764 Filed 5–20–10; 8:45 am] SUPPLEMENTARY INFORMATION: MCAI or Service Information BILLING CODE 4910–13–P Discussion We have reviewed the MCAI and We issued a notice of proposed related service information and, in DEPARTMENT OF TRANSPORTATION rulemaking (NPRM) to amend 14 CFR general, agree with their substance. But part 39 to include an AD that would we might have found it necessary to use Federal Aviation Administration apply to the specified products. That different words from those in the MCAI NPRM was published in the Federal to ensure the AD is clear for U.S. 14 CFR Part 39 Register on February 8, 2010 (75 FR operators and is enforceable. In making these changes, we do not intend to differ [Docket No. FAA–2010–0034; Directorate 6157), and proposed to supersede AD substantively from the information Identifier 2009–NM–120–AD; Amendment 2007–03–05, Amendment 39–14916 (72 39–16307; AD 2010–11–02] FR 4414, January 31, 2007). That NPRM provided in the MCAI and related proposed to correct an unsafe condition service information. RIN 2120–AA64 We might also have required different for the specified products. The MCAI actions in this AD from those in the states: Airworthiness Directives; Gulfstream MCAI in order to follow our FAA Aerospace LP (Type Certificate To increase pilots’ awareness to the policies. Any such differences are Previously Held by Israel Aircraft possibility of incomplete closure of the Main highlighted in a Note within the AD. Industries, Ltd.) Model Gulfstream 100 Entry Door (MED) by the following means: Airplanes, and Model Astra SPX and 1. Splitting the common caution light Explanation of Change to Costs of 1125 Westwind Astra Airplanes CABIN DOOR signaling both MED Improper Compliance Closure and MED Inflatable Seal Failure into AGENCY: Federal Aviation two separate lights: CABIN DOOR and Since issuance of the NPRM, we have Administration (FAA), Department of CABIN DOOR SEAL. increased the labor rate used in the Transportation (DOT). 2. Converting the separated CABIN DOOR Costs of Compliance from $80 per work- hour to $85 per work-hour. The Costs of ACTION: Final rule. Caution light into a Warning light by changing its color to red. Compliance information, below, reflects

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this increase in the specified hourly 1. Is not a ‘‘significant regulatory held by Israel Aircraft Industries, Ltd.) Model labor rate. action’’ under Executive Order 12866; Gulfstream 100 airplanes; and Model Astra 2. Is not a ‘‘significant rule’’ under the SPX and 1125 Westwind Astra airplanes; Costs of Compliance DOT Regulatory Policies and Procedures certificated in any category; all serial numbers. Based on the service information, we (44 FR 11034, February 26, 1979); and estimate that this AD will affect about 3. Will not have a significant Subject 120 products of U.S. registry. economic impact, positive or negative, (d) Air Transport Association (ATA) of The actions that are required by AD on a substantial number of small entities America Code 31: Instruments. 2007–03–05 and retained in this AD under the criteria of the Regulatory Reason Flexibility Act. take about 1 work-hour per product, at (e) The mandatory continuing an average labor rate of $85 per work We prepared a regulatory evaluation airworthiness information (MCAI) states: hour. Based on these figures, the of the estimated costs to comply with To increase pilots’ awareness to the estimated cost of the currently required this AD and placed it in the AD docket. possibility of incomplete closure of the Main Entry Door (MED) by the following means: actions is $85 per product. Examining the AD Docket We estimate that it will take about 60 1. Splitting the common caution light additional work-hours per product to You may examine the AD docket on CABIN DOOR signaling both MED Improper Closure and MED Inflatable Seal Failure into comply with the new basic the Internet at http:// www.regulations.gov; or in person at the two separate lights: CABIN DOOR and requirements of this AD. Required parts CABIN DOOR SEAL. will cost about $600 per product. The Docket Operations office between 9 a.m. 2. Converting the separated CABIN DOOR average labor rate is $85 per work-hour. and 5 p.m., Monday through Friday, Caution light into a Warning light by Where the service information lists except Federal holidays. The AD docket changing its color to red. required parts costs that are covered contains the NPRM, the regulatory Note: Aircraft Flight Manuals (AFMs) refer under warranty, we have assumed that evaluation, any comments received, and to these changes as MOD G1–20052. there will be no charge for these costs. other information. The street address for Incomplete closure of the MED may be As we do not control warranty coverage the Docket Operations office (telephone followed by in-flight opening of the door. As for affected parties, some parties may (800) 647–5527) is in the ADDRESSES a result, the MED and the adjacent fuselage incur costs higher than estimated here. section. Comments will be available in structure may be damaged during opening the AD docket shortly after receipt. and landing impact. Damage to the left Based on these figures, we estimate the engine by flying debris and objects may also cost of the AD on U.S. operators to be List of Subjects in 14 CFR Part 39 occur. $684,000, or $5,700 per product. Air transportation, Aircraft, Aviation Required actions include modifying the Authority for This Rulemaking warning and caution lights panel (WACLP), safety, Incorporation by reference, changing the WACLP and MED wiring, Title 49 of the United States Code Safety. changing the wiring harness connecting the specifies the FAA’s authority to issue Adoption of the Amendment MED to the WACLP, and ensuring the Log of rules on aviation safety. Subtitle I, Modification of the AFM includes reference section 106, describes the authority of ■ Accordingly, under the authority to MOD G1–20052. the FAA Administrator. ‘‘Subtitle VII: delegated to me by the Administrator, Restatement of Requirements of AD 2007– Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as 03–05, With No Changes detail the scope of the Agency’s follows: (f) Unless already done, do the following authority. actions. Within 10 days after February 15, PART 39—AIRWORTHINESS 2007 (the effective date of AD 2007–03–05), We are issuing this rulemaking under DIRECTIVES the authority described in ‘‘Subtitle VII, amend Section IV, Normal Procedures, of the following Gulfstream airplane flight manuals ■ Part A, Subpart III, Section 44701: 1. The authority citation for part 39 (AFMs): Model 1125 Astra, 25W–1001–1; General requirements.’’ Under that continues to read as follows: Model Astra SPX, SPX–1001–1; and Model section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. G100, G100–1001–1; as applicable; to include promoting safe flight of civil aircraft in the following statement. Insertion of copies of this AD at the appropriate places of the air commerce by prescribing regulations § 39.13 [Amended] for practices, methods, and procedures AFMs is acceptable. the Administrator finds necessary for ■ 2. The FAA amends § 39.13 by ‘‘1. BEFORE ENGINE START: (PRE and POST Mod 20052/Gulfstream safety in air commerce. This regulation removing Amendment 39–14916 (72 FR 4414, January 31, 2007) and adding the Service Bulletin 100–31–284): is within the scope of that authority CABIN DOOR—CLOSED (Physically verify because it addresses an unsafe condition following new AD: door latch handle pin is fully engaged in the that is likely to exist or develop on 2010–11–02 Gulfstream Aerospace LP handle lock) products identified in this rulemaking (Type Certificate Previously Held by 2. BEFORE TAXIING: action. Israel Aircraft Industries, Ltd.): Change the CABIN DOOR procedure as Amendment 39–16307. Docket No. follows (POST Mod 20052/Gulfstream Regulatory Findings FAA–2010–0034; Directorate Identifier Service Bulletin 100–31–284): 2009–NM–120–AD. Check CABIN DOOR light—OUT We determined that this AD will not 3. BEFORE TAKE–OFF: have federalism implications under Effective Date Insert between the POSITION lights switch Executive Order 13132. This AD will (a) This airworthiness directive (AD) and the THRUST LEVERS procedures: not have a substantial direct effect on becomes effective June 25, 2010. (PRE Mod 20052/Gulfstream Service the States, on the relationship between Bulletin 100–31–284): Affected ADs the national government and the States, Check CABIN DOOR light—OUT (50% N1 or on the distribution of power and (b) This AD supersedes AD 2007–03–05, may be required) Amendment 39–14916. (POST Mod 20052/Gulfstream Service responsibilities among the various Bulletin 100–31–284): levels of government. Applicability Check CABIN DOOR light—OUT For the reasons discussed above, I (c) This AD applies to Gulfstream CABIN DOOR SEAL light—OUT (50% N1 certify this AD: Aerospace LP (Type Certificate previously may be required)’’

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Note 1: Mod 20052 is equivalent to Instructions of Gulfstream Service Bulletin Aerospace Engineer, International Branch, Gulfstream Service Bulletin 100–31–284, 100–31–284, dated August 17, 2006. ANM–116, Transport Airplane Directorate, dated August 17, 2006. (4) Within 250 flight hours after the FAA, 1601 Lind Avenue, SW., Renton, Note 2: This AD may be accomplished by effective date of this AD: Verify that the Log Washington 98057–3356; telephone (425) a holder of a Private Pilot’s License. of Modification of the relevant airplane flight 227–2677; fax (425) 227–1149. Before using manual (AFM) includes reference to MOD any approved AMOC on any airplane to NEW REQUIREMENTS OF THIS AD: G1–20052, and, if no reference is found, which the AMOC applies, notify your revise the Log of Modification of the AFM to Actions and Compliance principal maintenance inspector (PMI) or include reference to the modification. principal avionics inspector (PAI), as (g) Unless already done, for all airplanes (5) Doing the modifications specified in appropriate, or lacking a principal inspector, except airplane serial number 158, do the paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of your local Flight Standards District Office. following actions. this AD terminates the requirements of The AMOC approval letter must specifically (1) Within 250 flight hours after the paragraph (f) of this AD, and after the reference this AD. effective date of this AD: Modify the WACLP modifications have been done, the AFM in accordance with the Accomplishment limitation required by paragraph (f) of this (2) Airworthy Product: For any requirement Instructions of the applicable service bulletin AD may be removed from the AFM. in this AD to obtain corrective actions from identified in Table 1 of this AD. a manufacturer or other source, use these FAA AD Differences actions if they are FAA-approved. Corrective TABLE 1—MODIFICATION SERVICE Note 3: This AD differs from the MCAI actions are considered FAA-approved if they are approved by the State of Design Authority INFORMATION and/or service information as follows: Paragraph (g)(5) of this AD mandates a (or their delegated agent). You are required to assure the product is airworthy before it Honeywell Service terminating action. However, Israeli Bulletin— Dated— Airworthiness Directive 31–06–11–05, dated is returned to service. May 27, 2009, does not explicitly mandate a (3) Reporting Requirements: For any 80–0548–31–0001 ...... April 1, 2006. terminating action. This difference has been reporting requirement in this AD, under the 80–0548–31–0002 ...... March 1, 2006. coordinated with the Civil Aviation provisions of the Paperwork Reduction Act 80–5090–31–0001 ...... March 1, 2006. Authority of Israel. (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has Other FAA AD Provisions (2) Within 250 flight hours after the approved the information collection effective date of this AD: Change the WACLP (h) The following provisions also apply to requirements and has assigned OMB Control and MED wiring in accordance with the this AD: Number 2120–0056. Accomplishment Instructions of Gulfstream (1) Alternative Methods of Compliance Related Information Service Bulletin 100–31–284, dated August (AMOCs): The Manager, International 17, 2006. Branch, ANM–116, Transport Airplane (i) Refer to MCAI Israeli Airworthiness (3) Within 250 flight hours after the Directorate, FAA, has the authority to Directive 31–06–11–05, dated May 27, 2009, effective date of this AD: Change the wiring approve AMOCs for this AD, if requested and the applicable service information harness connecting the MED to the WACLP using the procedures found in 14 CFR 39.19. identified in Table 2 of this AD for related in accordance with the Accomplishment Send information to Attn: Mike Borfitz, information.

TABLE 2—SERVICE INFORMATION

Service information Date

Gulfstream Service Bulletin 100–31–284 ...... August 17, 2006. Honeywell Service Bulletin 80–0548–31–0001 ...... April 1, 2006. Honeywell Service Bulletin 80–0548–31–0002 ...... March 1, 2006. Honeywell Service Bulletin 80–5090–31–0001 ...... March 1, 2006.

Material Incorporated by Reference actions required by this AD, unless the AD the service information contained in Table 3 (j) You must use the service information specifies otherwise. of this AD under 5 U.S.C. 552(a) and 1 CFR (1) The Director of the Federal Register part 51. contained in Table 3 of this AD to do the approved the incorporation by reference of

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

Service information Date

(2) For Gulfstream service information Honeywell Aerospace, Technical availability of this material at the FAA, call identified in this AD, contact Gulfstream Publications and Distribution, M/S 2101– 425–227–1221. Aerospace Corporation, P.O. Box 2206, Mail 201, P.O. Box 52170, Phoenix, Arizona (4) You may also review copies of the Station D–25, Savannah, Georgia 31402– 85072–2170; telephone 602–365–5535; fax service information that is incorporated by 2206; telephone 800–810–4853; fax 912–965– 602–365–5577; Internet http:// reference at the National Archives and 3520; e-mail [email protected]; Internet www.honeywell.com. Records Administration (NARA). For http://www.gulfstream.com/ (3) You may review copies of the service information on the availability of this product_support/technical_pubs/pubs/ information at the FAA, Transport Airplane material at NARA, call 202–741–6030, or go index.htm. For Honeywell service Directorate, 1601 Lind Avenue, SW., Renton, to: http://www.archives.gov/federal_register/ information identified in this AD, contact Washington. For information on the

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code_of_federal_regulations/ http://www.regulations.gov, or, if only for hearings appear in 40 CFR part 178. ibr_locations.html. available in hard copy, at the OPP You must file your objection or request Issued in Renton, Washington, on May 7, Regulatory Public Docket in Rm. S– a hearing on this regulation in 2010. 4400, One Potomac Yard (South Bldg.), accordance with the instructions Ali Bahrami, 2777 S. Crystal Dr., Arlington, VA. The provided in 40 CFR part 178. To ensure Manager, Transport Airplane Directorate, Docket Facility is open from 8:30 a.m. proper receipt by EPA, you must Aircraft Certification Service. to 4 p.m., Monday through Friday, identify docket ID number EPA–HQ– [FR Doc. 2010–11760 Filed 5–20–10; 8:45 am] excluding legal holidays. The Docket OPP–2009–0663 in the subject line on BILLING CODE 4910–13–P Facility telephone number is (703) 305– the first page of your submission. All 5805. objections and requests for a hearing FOR FURTHER INFORMATION CONTACT: must be in writing, and must be ENVIRONMENTAL PROTECTION Alganesh Debesai, Registration Division received by the Hearing Clerk on or AGENCY (7505P), Office of Pesticide Programs, before [date 60 days after date of Environmental Protection Agency, 1200 publication in the Federal Register]. 40 CFR Part 180 Pennsylvania Ave., NW., Washington, Addresses for mail and hand delivery of objections and hearing requests are [EPA–HQ–OPP–2009–0663; FRL–8824–9] DC 20460–0001; telephone number: (703) 308–8353; e-mail address: provided in 40 CFR 178.25(b). In addition to filing an objection or Silver Nitrate; Exemption from the [email protected]. hearing request with the Hearing Clerk Requirement of a Tolerance SUPPLEMENTARY INFORMATION: as described in 40 CFR part 178, please AGENCY: Environmental Protection I. General Information submit a copy of the filing that does not Agency (EPA). contain any CBI for inclusion in the A. Does this Action Apply to Me? ACTION: Final rule. public docket that is described in You may be potentially affected by ADDRESSES. Information not marked SUMMARY: This regulation establishes an this action if you are an agricultural confidential pursuant to 40 CFR part 2 exemption from the requirement of a producer, food manufacturer, or may be disclosed publicly by EPA tolerance for residues of silver nitrate pesticide manufacturer. Potentially without prior notice. Submit your (CAS Reg. No. 7761–88–8) when used as affected entities may include, but are copies, identified by docket ID number an inert ingredient under 40 CFR not limited to: EPA–HQ–OPP–2009–0663 by one 180.910 as stabilizer at a maximum of • Crop production (NAICS code 111). following methods: 0.06% by weight in pesticide • Animal production (NAICS code • Federal eRulemaking Portal: http:// formulations as post–harvest treatment 112). www.regulations.gov. Follow the on-line for potatoes to control sprouting. • Food manufacturing (NAICS code instructions for submitting comments. Wagner Regulatory Associates on behalf 311). • Mail: Office of Pesticide Programs of Pimi Agro CleanTech, Ltd. submitted • Pesticide manufacturing (NAICS (OPP) Regulatory Public Docket (7502P), a petition to EPA under the Federal code 32532). Environmental Protection Agency, 1200 Food, Drug, and Cosmetic Act (FFDCA), This listing is not intended to be Pennsylvania Ave., NW., Washington, requesting establishment of an exhaustive, but rather provides a guide DC 20460–0001. exemption from the requirement of a for readers regarding entities likely to be • Delivery: OPP Regulatory Public tolerance. This regulation eliminates the affected by this action. Other types of Docket (7502P), Environmental need to establish a maximum entities not listed in this unit could also Protection Agency, Rm. S–4400, One permissible level for residues of silver be affected. The North American Potomac Yard (South Bldg.), 2777 S. nitrate. Industrial Classification System Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket DATES: This regulation is effective May (NAICS) codes have been provided to Facility’s normal hours of operation 21, 2010. Objections and requests for assist you and others in determining (8:30 a.m. to 4 p.m., Monday through hearings must be received on or before whether this action might apply to Friday, excluding legal holidays). July 20, 2010, and must be filed in certain entities. If you have any Special arrangements should be made accordance with the instructions questions regarding the applicability of for deliveries of boxed information. The provided in 40 CFR part 178 (see also this action to a particular entity, consult Docket Facility telephone number is Unit I.C. of the SUPPLEMENTARY the person listed under FOR FURTHER (703) 305–5805. INFORMATION). INFORMATION CONTACT. ADDRESSES: EPA has established a B. How Can I Get Electronic Access to II. Petition for Exemption docket for this action under docket Other Related Information? In the Federal Register of October 7, identification (ID) number EPA–HQ– You may access a frequently updated 2009 (74 FR 5159) (FRL–8792–7), EPA OPP–2009–0663. All documents in the electronic version of 40 CFR part 180 issued a notice pursuant to section 408 docket are listed in the docket index through the Government Printing of FFDCA, 21 U.S.C. 346a, announcing available at http://www.regulations.gov. Office’s e-CFR cite at http:// the filing of a pesticide petition (PP Although listed in the index, some www.gpoaccess.gov/ecfr 9E7584) by Wagner Regulatory information is not publicly available, Associates on behalf of Pimi Agro e.g., Confidential Business Information C. Can I File an Objection or Hearing CleanTech, Ltd., P.O.Box. 117, Hutzot (CBI) or other information whose Request? Alonim 30049, Israel. The petition disclosure is restricted by statute. Under section 408(g) of FFDCA, 21 requested that 40 CFR 180.910 be Certain other material, such as U.S.C. 346a, and any person may file an amended establishing an exemption copyrighted material, is not placed on objection to any aspect of this regulation from the requirement of a tolerance for the Internet and will be publicly and may also request a hearing on those residues of silver nitrate (CAS Reg. No. available only in hard copy form. objections. The EPA procedural 7761–88–8) when used as an inert Publicly available docket materials are regulations which govern the ingredient stabilizer at 0.06% by weight available in the electronic docket at submission of objections and requests in pesticide formulations applied to

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potatoes as a post-harvest treatment to chemical residues under reasonably The EPA IRIS lists an oral RfD for control sprouting. That notice foreseeable circumstances will pose no chronic noncarcinogenic health effects referenced a summary of the petition appreciable risks to human health. In for nitrate (as nitrate nitrogen) based on prepared by Wagner Regulatory order to determine the risks from early clinical signs of Associates on behalf of Pimi Agro aggregate exposure to pesticide inert methemoglobinemia in excess of 10% CleanTech, the petitioner, which is ingredients, the Agency considers the (0-3 months old infant’s formula). available in the docket, http:// toxicity of the inert in conjunction with Silver ions and preparations www.regulations.gov. There were no possible exposure to residues of the containing silver in an ionic state have comments received in response to the inert ingredient through food, drinking been used for over a century for notice of filing water, and through other exposures that medicinal and bactericidal purposes. occur as a result of pesticide use in Because of its bactericidal properties, III. Inert Ingredient Definition residential settings. If EPA is able to silver has been used as a topical Inert ingredients are all ingredients determine that a finite tolerance is not treatment for burns, as a treatment for that are not active ingredients as defined necessary to ensure that there is a venereal diseases, as an ingredient in in 40 CFR 153.125 and include, but are reasonable certainty that no harm will cosmetic formulation, in the sanitation not limited to, the following types of result from aggregate exposure to the of swimming pools and hot tubs/spas, ingredients (except when they have a inert ingredient, an exemption from the and cleansing of hard surfaces in pesticidal efficacy of their own): requirement of a tolerance may be various food handling. Silver has also Solvents such as alcohols and established. been used in dentistry (as amalgams and hydrocarbons; surfactants such as Consistent with section 408(c)(2)(A) as an ingredient in mouth washes), in polyoxyethylene polymers and fatty of FFDCA, and the factors specified in acupuncture, jewelry making, and acids; carriers such as clay and FFDCA section 408(c)(2)(B), EPA has photography. Silver can be found in diatomaceous earth; thickeners such as reviewed the available scientific data electroplating as well as in paints and carrageenan and modified cellulose; and other relevant information in in water purification systems. wetting, spreading, and dispersing support of this action. EPA has The toxicity of silver is well agents; propellants in aerosol sufficient data to assess the hazards of understood based on epidemiological dispensers; microencapsulating agents; and to make a determination on data from humans, toxicology data in and emulsifiers. The term ‘‘inert’’ is not aggregate exposure for silver nitrate animals, and documented information intended to imply no toxicity; the including exposure resulting from the on the metabolism of silver in ingredient may or may not be exemption established by this action. mammalian species. These studies show chemically active. Generally, EPA has EPA’s assessment of exposures and risks that the effect of concern for silver is exempted inert ingredients from the associated with silver nitrate follows. argyria, a bluish discoloration of the requirement of a tolerance based on the skin. Argyria, while a permanent low toxicity of the individual inert A. Toxicological Profile condition, is a cosmetic condition. The ingredients. EPA has evaluated the available function of the skin as an organ is not toxicity data and considered their compromised and the resulting IV. Aggregate Risk Assessment and validity, completeness, and reliability as discoloration is not associated with Determination of Safety well as the relationship of the results of systemic toxicity. Information regarding Section 408(c)(2)(A)(i) of FFDCA the studies to human risk. EPA has also the toxicity of silver is discussed in allows EPA to establish an exemption considered available information detail in the recent rulemaking from the requirement for a tolerance (the concerning the variability of the establishing an exemption from legal limit for a pesticide chemical sensitivities of major identifiable tolerance for silver used as a surface residue in or on a food) only if EPA subgroups of consumers, including sanitizing solution in the Federal determines that the tolerance is ‘‘safe.’’ infants and children. Specific Register published on June 10, 2009 (74 Section 408(b)(2)(A)(ii) of FFDCA information on the studies received and FR 27447; FRL–8412–1). defines ‘‘safe’’ to mean that ‘‘there is a the nature of the adverse effects caused reasonable certainty that no harm will by silver nitrate are discussed in this B. Regulatory Levels result from aggregate exposure to the unit. The EPA’s IRIS lists an oral RfD for pesticide chemical residue, including The following provides a brief chronic noncarcinogenic health effects all anticipated dietary exposures and all summary of the risk assessment and for nitrate (as nitrate nitrogen) of 1.6 other exposures for which there is conclusions for the Agency’s review of miligrams/kilogram/day (mg/kg/day). reliable information.’’ This includes silver nitrate. The Agency’s full decision This RfD is derived from human exposure through drinking water and in document for this action is available in epidemiological surveys using a no residential settings, but does not include the Agency’s electronic docket observed adverse effect level (NOAEL) occupational exposure. Section (regulations.gov) under the docket of 10 mg nitrate-nitrogen/L (equivalent 408(b)(2)(C) of FFDCA requires EPA to number EPA–HQ–OPP–2009–0663. to 1.6 mg/kg/day) and lowest observable give special consideration to exposure Silver nitrate is a water soluble adverse effect level (LOAEL) of 11-20 of infants and children to the pesticide inorganic salt that readily dissociates mg nitrate-nitrogen/L (equivalent to 1.8- chemical residue in establishing a into the silver cation and the nitrate/ 3.2 mg/kg/day) based on early clinical tolerance and to ‘‘ensure that there is a nitrite anion. Nitrate and nitrite are signs of methemoglobinemia in excess reasonable certainty that no harm will naturally occurring inorganic ions of 10% (0-3 months old infant’s result to infants and children from which are part of the nitrogen cycle. formula). aggregate exposure to the pesticide Nitrate is a natural constituent of soil Safe exposure levels for silver have chemical residue. . . .’’ and vegetation. Nitrate is also a normal been established by several regulatory EPA establishes exemptions from the metabolite in mammals. Nitrate in soil, Agencies including FDA, OSHA and requirement of a tolerance only in those ground water and surface water are other offices within EPA based on the cases where it can be clearly derived mainly from mineralization of common endpoint argyria and using the demonstrated that the risks from soil organic matter as well as from same human studies. Argyria occurs aggregate exposure to pesticide application of mineral fertilizers. only after chronic exposure. Both the

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Secondary Maximum Contamination default processing factors were used for occupational, non-dietary exposure Level (SMCL) reported by the EPA’s potato, tuber with or without peel. The (e.g., textiles (clothing and diapers), Office of Water and the oral RfD use of the default processing factors for carpets, swimming pools, and hard reported under the EPA’s IRIS were potato, tuber overestimates exposure to surface disinfection on walls, floors, determined based on a human these commodities. tables). biomonitoring study. For the oral Recently, EPA assessed chronic The residential exposure assessment exposure route, the Agency is relying on dietary exposure from the use of silver considers all potential non-occupational the drinking water SMCL of 0.1 mg/L as a food contact sanitizer. (June 10, pesticide exposure, other than exposure (0.003 mg/kg/day) based on skin 2009). The dietary assessment was only due to residues in food or in drinking discoloration and graying of the whites completed for chronic routes end point water. Exposures may occur during and of eyes (argyria) and using a safety factor of concern because the end point of after application on hard surfaces (e.g., of 3X. The Agency applied an additional concern that has been identified is floors). Each route of exposure 3x uncertainty factor to further address based on argyria, one that occurs only (incidental oral, dermal, inhalation) is the lack of a NOAEL in the study on after chronic exposure. For dietary considered where appropriate. The risks which this assessment and all regulatory exposures from this product being used to handlers are quantitatively assessed advisories are set. Thus, a composite on countertops, the Incidental Dietary based on the nature of the chemical. database factor of 10X is being applied Residential Exposure Assessment There are no adverse toxicological yielding a chronic RfD of 0.001 mg/kg/ Model, (IDREAMTM) incorporates consequences (systemic or irritation) day. This composite factor of 10X consumption data from United State resulting from contact with silver other should be sufficient for providing Department of Agriculture (USDA) than skin discoloration. Residential protection from the non-toxic effects Continuing Surveys of Food Intakes by exposures are short-term (<30 days) and which may result from chronic oral Individuals (CSFII), 1994–1996 and intermediate-term (1-6 months) in exposure to silver. 1998. The 1994–1996, 98 data are based nature. As supported in the ÷ on the reported consumption of more toxicological discussion, however, silver Chronic RfD = 0.003 mg/kg/day 3 = than 20,000 individuals over two non- ion produces only cosmetic effects and 0.001 mg/kg/day consecutive survey days. only as a result of chronic exposures. In A full discussion of the derivation of 2. Dietary exposure from drinking addition, incidental ingestion (hand to the RfD is contained in the previously- water There are no outdoor or potable mouth behavior of a child on a treated mentioned tolerance exemption action. human drinking water system uses for floor) as well as dermal exposures (June 10, 2009). this proposed use of silver. In addition, resulting from a child contacting a The Agency has concluded that the the uses identified as indoor hard freshly cleaned floor is considered silver RfD of 0.001 mg/kg/day would be surface applications will result in short-term in duration. protective of both the toxic effects of minimal, if any, runoff of silver into the Based on the fact that silver will exist silver and nitrate because the silver surface water. The use of silver as a food in the ionic form, which does not SMCL is nearly 1,000X below the RfD contact surface sanitizer will result in volatilize, any post application calculated for nitrate (1.6 mg/kg/day). minimal, if any, runoff of silver into the inhalation exposures to vapors are Therefore, given that silver and nitrate surface water. This use will result in an expected to be negligible. Essentially, exposure would be roughly equivalent, insignificant contribution to drinking there are no toxicological consequences a separate human health risk assessment water exposures. In addition to (systematic or irritation) resulting from for nitrate is not necessary. sanitization, silver is registered as an contact with silver other than active ingredient in water filters. The discoloration. C. Exposure Assessment bacteriostatic water filters are Other non-pesticidal industrial uses 1. Dietary exposure from food and impregnated with silver and may result of silver include, but are not limited to, feed uses. In evaluating dietary in residues in the drinking water photography, cosmetics, sunscreens, exposure to silver nitrate, EPA supply. However, the levels of available manufacture of inks and dyes, mirror considered exposure under the residues resulting from impregnated production, and in jewelry. All these proposed exemption from the water filters are much less when in uses may result in exposures via the requirement of a tolerance. EPA comparison to the amount of residues dermal route, which over a chronic assessed dietary exposures from silver that will be available for intake when duration, may cause skin discoloration. nitrate in food as follows: silver-containing liquid concentrates are However, dermal exposures resulting Residue analysis of whole tuber used. As a result, any drinking water from these uses are not appropriate to washed potato samples treated with exposures from the new use of silver are include in this aggregate exposure silver nitrate showed 0.0085 ppm assumed to be negligible. Additionally, assessment. Systemic uptake and (equivalent to 0.0085 mg/kg) of silver. any drinking water risks from distribution of silver does not occur via Silver nitrate dietary exposure impregnated filters are assumed to be the dermal route. The specific uses of assessment was conducted using the represented by the dietary risks silver that were considered for this Dietary Exposure Evaluation Model resulting from hard surface sanitization. aggregate assessment include the software with the Food Commodity The Agency believes that an assessment cleansing of hard surfaces in various Intake Database (DEEM-FCIDTM), of any potential risks resulting from food handling, institutional, medical Version 2.00. No drinking water silver in drinking water is not warranted and residential premises. exposure assessment was included in at this time. 4. Cumulative effects from substances the DEEM run since no outdoor or Therefore, based on the proposed uses with a common mechanism of toxicity. potable human drinking water system of silver, the Agency believes that risks Section 408(b)(2)(D)(v) of FFDCA uses for this proposed use of silver resulting from silver in drinking water requires that, when considering whether nitrate. The residues value of 0.0085 will be negligible and as assessment is to establish, modify, or revoke a ppm (equivalent to 0.0085 mg/kg/day) not warranted at this time. tolerance, the Agency consider of silver nitrate and an empirical 3. From non-dietary exposure. The ‘‘available information’’ concerning the processing factor of 6.5 for dry potatoes term ‘‘residential exposure’’ is used in cumulative effects of a particular were used in this assessment. However, this document to refer to non- pesticide’s residues and ‘‘other

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substances that have a common species uncertainty factor in deriving (considered to be a background mechanism of toxicity.’’ the chronic RfD for silver. exposure level). EPA has not found silver nitrate to 3. Conclusion. Although EPA is not Because no short-term adverse effect share a common mechanism of toxicity applying an inter-species uncertainty was identified, silver nitrate is not with any other substances, and silver factor (because of reliance on human expected to pose a short-term risk. nitrate does not appear to produce a data) or an intra-species uncertainty 4. Intermediate-term risk. toxic metabolite produced by other factor (because human sensitivity has Intermediate-term aggregate exposure substances. For the purposes of this been adequately characterized), EPA is takes into account intermediate-term tolerance action, therefore, EPA has retaining the 10X FQPA safety factor in residential exposure plus chronic assumed that silver nitrate does not assessing oral risk to address the fact exposure to food and water (considered have a common mechanism of toxicity that the dose used to determine the to be a background exposure level). with other substances. For information chronic RfD showed effects from silver Because no intermediate-term adverse regarding EPA’s efforts to determine (argyria). In making its determination effect was identified, silver nitrate is not which chemicals have a common regarding the appropriate safety factors expected to pose an intermediate-term mechanism of toxicity and to evaluate for evaluating the risk of silver, EPA risk. the cumulative effects of such took into account that argyria is not a 5. Aggregate cancer risk for U.S. chemicals, see EPA’s website at http:// toxic effect, there is no evidence of population. The Agency has not www.epa.gov/pesticides/cumulative. increased sensitivity in the young from identified any concerns for exposure to silver, and the exposure carcinogenicity relating to silver nitrate. D. Safety Factor for Infants and assessment for silver is very 6. Determination of safety. Based on Children conservative. these risk assessments, EPA concludes 1. In general. Section 408(b)(2)(C) of that there is a reasonable certainty that FFDCA provides that EPA shall apply E. Aggregate Risks and Determination of no harm will result to the general an additional tenfold (10X) margin of Safety population or to infants and children safety for infants and children in the Determination of safety section. EPA from aggregate exposure to silver nitrate case of threshold effects to account for determines whether acute and chronic residues. prenatal and postnatal toxicity and the dietary pesticide exposures are safe by V. Other Considerations completeness of the database on toxicity comparing aggregate exposure estimates and exposure unless EPA determines to the acute population adjusted dose A. Analytical Enforcement Methodology based on reliable data that a different (aPAD) and chronic population adjusted An analytical method is not required margin of safety will be safe for infants dose (cPAD). For linear cancer risks, for enforcement purposes since the and children. This additional margin of EPA calculates the lifetime probability Agency is not establishing a numerical safety is commonly referred to as the of acquiring cancer given the estimated tolerance for residue of silver nitrate in FQPA Safety Factor (SF). In applying aggregate exposure. Short-term, or on any food commodities. EPA is this provision, EPA either retains the intermediate-term, and chronic-term establishing a limitation on the amount default value of 10X, or uses a different risks are evaluated by comparing the of silver nitrate that may be used in additional safety factor when reliable estimated aggregate food, water, and pesticide formulations. That limitation data available to EPA support the choice residential exposure to the appropriate will be enforced through the pesticide of a different factor. point of departures (PODs) to ensure registration process under the Federal 2. Prenatal and postnatal sensitivity that an adequate margin of exposure Insecticide, Fungicide, and Rodenticide There is extensive data and analysis on (MOE) exists. Act (FIFRA), 7 U.S.C. 136 et seq. EPA silver’s toxicity in the historical data/ 1. Acute risk. An acute aggregate risk will not register any pesticide for sale or literature and regulatory advisories assessment takes into account acute distribution that contains greater than established by other Federal Agencies, exposure estimates from dietary 0.06% of silver nitrate by weight in the which do not indicate an increased consumption of food and drinking pesticide formulation. susceptibility of children to the toxic water. No adverse effect resulting from effects of silver. A National Toxicology a single oral exposure was identified B. International Residue Limits Program (NTP) developmental toxicity and no acute dietary endpoint was In making its tolerance decisions, EPA study concluded that the NOAEL selected. Therefore, silver nitrate is not seeks to harmonize U.S. tolerances with recorded for developmental toxicity in expected to pose an acute risk. international standards whenever rats receiving gavages doses of silver 2. Chronic risk. A chronic aggregate possible, consistent with U.S. food acetate was greater than 100 mg/kg/day risk assessment takes into account safety standards and agricultural when the test material was administered exposure estimates from chronic dietary practices. EPA considers the on gestation day 6 through 19. No consumption of food and from the use international maximum residue limits increase in susceptibility was apparent of silver as a food contact sanitizer. (MRLs) established by the Codex in this study. Furthermore, silver nitrate Using the exposure assumptions Alimentarius Commission (Codex), as has been used for decades to treat described in this unit for chronic required by FFDCA section 408(b)(4). neonatal conjunctivitis. Finally, there is exposure and the use limitations of not The Codex Alimentarius is a joint U.N. no reason to believe that the effects that more than 0.06% by weight in pesticide Food and Agriculture Organization/ are observed following the formulations, the chronic dietary World Health Organization food administration of silver would warrant exposure from food to silver nitrate is standards program, and it is recognized additional safety factors for children. 20% of the cPAD for the U.S. as an international food safety The skin is the target organ and population and 63.8.6% of the cPAD for standards-setting organization in trade deposition of silver should not be age children 1-2 years old, the most highly agreements to which the United States dependent. Moreover, because EPA exposed population subgroup. is a party. EPA may establish a tolerance believes that the available 3. Short-term risk. Short-term that is different from a Codex MRL; biomonitoring studies adequately aggregate exposure takes into account however, FFDCA section 408(b)(4) characterize variability in human short-term residential exposure plus requires that EPA explain the reasons sensitivity, EPA is not applying an intra- chronic exposure to food and water for departing from the Codex level.

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Option 1: If there is NO relevant action will not have a substantial direct following inert ingredient to read as international standard, use this: effect on States or tribal governments, follows: on the relationship between the national The Agency is not aware of any government and the States or tribal § 180.910 Inert ingredients used pre- country requiring a tolerance for silver harvest and post-harvest; exemptions from governments, or on the distribution of the requirement of a tolerance. nitrate nor have any CODEX Maximum power and responsibilities among the Residue Levels (MRLs) been established various levels of government or between * * * * * for any food crops at this time. the Federal Government and Indian Inert ingredi- VI. Conclusions tribes. Thus, the Agency has determined ents Limits Uses that Executive Order 13132, entitled Therefore, an exemption from the Federalism (64 FR 43255, August 10, ***** requirement of a tolerance is established 1999) and Executive Order 13175, under 40 CFR 180. 910 for silver nitrate entitled Consultation and Coordination Silver Nitrate For use on stabilizer 7761–88–8) when used as an inert with Indian Tribal Governments (65 FR (Cas Reg. potatoes as -ingredient (stabilizer at no more than 67249, November 9, 2000) do not apply No. 7761– post-har- 88–8) vest treat- 0.06% by weight) in pesticide to this final rule. In addition, this final formulations applied to potatoes as a ment to rule does not impose any enforceable control post-harvest treatment to control duty or contain any unfunded mandate sprouting. sprouting at as described under Title II of the no more VII. Statutory and Executive Order Unfunded Mandates Reform Act of 1995 than 0.06% Reviews (UMRA) (Public Law 104–4). by weight This action does not involve any in pesticide This final rule establishes a tolerance formula- under section 408(d) of FFDCA in technical standards that would require Agency consideration of voluntary tions response to a petition submitted to the ***** Agency. The Office of Management and consensus standards pursuant to section Budget (OMB) has exempted these types 12(d) of the National Technology of actions from review under Executive Transfer and Advancement Act of 1995 [FR Doc. 2010–12116 Filed 5–20–10; 8:45 am] (NTTAA), Public Law 104–113, section Order 12866, entitled Regulatory BILLING CODE 6560–50–S Planning and Review (58 FR 51735, 12(d) (15 U.S.C. 272 note). October 4, 1993). Because this final rule VIII. Congressional Review Act has been exempted from review under The Congressional Review Act, 5 DEPARTMENT OF HOMELAND Executive Order 12866, this final rule is U.S.C. 801 et seq., generally provides SECURITY not subject to Executive Order 13211, that before a rule may take effect, the entitled Actions Concerning Regulations Federal Emergency Management agency promulgating the rule must Agency That Significantly Affect Energy Supply, submit a rule report to each House of Distribution, or Use (66 FR 28355, May the Congress and to the Comptroller 44 CFR Part 64 22, 2001) or Executive Order 13045, General of the United States. EPA will entitled Protection of Children from submit a report containing this rule and [Docket ID FEMA–2010–0003; Internal Environmental Health Risks and Safety other required information to the U.S. Agency Docket No. FEMA–8131] Risks (62 FR 19885, April 23, 1997). Senate, the U.S. House of This final rule does not contain any Representatives, and the Comptroller Suspension of Community Eligibility information collections subject to OMB General of the United States prior to approval under the Paperwork AGENCY: Federal Emergency publication of this final rule in the Management Agency, DHS. Reduction Act (PRA), 44 U.S.C. 3501 et Federal Register. This final rule is not ACTION: Final rule. seq., nor does it require any special a ‘‘major rule’’ as defined by 5 U.S.C. considerations under Executive Order 804(2). 12898, entitled Federal Actions to SUMMARY: This rule identifies Address Environmental Justice in List of Subjects in 40 CFR Part 180 communities, where the sale of flood insurance has been authorized under Minority Populations and Low-Income Environmental protection, Populations (59 FR 7629, February 16, the National Flood Insurance Program Administrative practice and procedure, (NFIP), that are scheduled for 1994). Agricultural commodities, Pesticides Since tolerances and exemptions that suspension on the effective dates listed and pests, Reporting and recordkeeping within this rule because of are established on the basis of a petition requirements. under section 408(d) of FFDCA, such as noncompliance with the floodplain the tolerance in this final rule, do not Dated: May 12, 2010. management requirements of the require the issuance of a proposed rule, Lois Rossi, program. If the Federal Emergency the requirements of the Regulatory Director, Registration Division, Office of Management Agency (FEMA) receives Flexibility Act (RFA) (5 U.S.C. 601 et Pesticide Programs. documentation that the community has seq.) do not apply. ■ Therefore, 40 CFR chapter I is adopted the required floodplain This final rule directly regulates amended as follows: management measures prior to the growers, food processors, food handlers, effective suspension date given in this and food retailers, not States or tribes, PART 180—[AMENDED] rule, the suspension will not occur and a notice of this will be provided by nor does this action alter the ■ relationships or distribution of power 1. The authority citation for part 180 publication in the Federal Register on a and responsibilities established by continues to read as follows: subsequent date. Congress in the preemption provisions Authority: 21 U.S.C. 321(q), 346a and 371. DATES: Effective Dates: The effective of section 408(n)(4) of FFDCA. As such, ■ 2. Section §180.910, the table is date of each community’s scheduled the Agency has determined that this amended by adding alphabetically the suspension is the third date (‘‘Susp.’’)

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listed in the third column of the these communities by publishing a 1968, as amended, 42 U.S.C. 4022, following tables. Flood Insurance Rate Map (FIRM). The prohibits flood insurance coverage FOR FURTHER INFORMATION CONTACT: If date of the FIRM, if one has been unless an appropriate public body you want to determine whether a published, is indicated in the fourth adopts adequate floodplain management particular community was suspended column of the table. No direct Federal measures with effective enforcement on the suspension date or for further financial assistance (except assistance measures. The communities listed no information, contact David Stearrett, pursuant to the Robert T. Stafford longer comply with the statutory Mitigation Directorate, Federal Disaster Relief and Emergency requirements, and after the effective Emergency Management Agency, 500 C Assistance Act not in connection with a date, flood insurance will no longer be Street SW., Washington, DC 20472, flood) may legally be provided for available in the communities unless (202) 646–2953. construction or acquisition of buildings remedial action takes place. SUPPLEMENTARY INFORMATION: The NFIP in identified SFHAs for communities Regulatory Classification. This final enables property owners to purchase not participating in the NFIP and rule is not a significant regulatory action flood insurance which is generally not identified for more than a year, on under the criteria of section 3(f) of otherwise available. In return, FEMA’s initial flood insurance map of Executive Order 12866 of September 30, communities agree to adopt and the community as having flood-prone 1993, Regulatory Planning and Review, administer local floodplain management areas (section 202(a) of the Flood 58 FR 51735. aimed at protecting lives and new Disaster Protection Act of 1973, 42 Executive Order 13132, Federalism. construction from future flooding. U.S.C. 4106(a), as amended). This This rule involves no policies that have Section 1315 of the National Flood prohibition against certain types of federalism implications under Executive Insurance Act of 1968, as amended, 42 Federal assistance becomes effective for Order 13132. U.S.C. 4022, prohibits flood insurance the communities listed on the date Executive Order 12988, Civil Justice coverage as authorized under the NFIP, shown in the last column. The Reform. This rule meets the applicable 42 U.S.C. 4001 et seq.; unless an Administrator finds that notice and standards of Executive Order 12988. public comment under 5 U.S.C. 553(b) appropriate public body adopts Paperwork Reduction Act. This rule are impracticable and unnecessary adequate floodplain management does not involve any collection of because communities listed in this final measures with effective enforcement information for purposes of the rule have been adequately notified. measures. The communities listed in Paperwork Reduction Act, 44 U.S.C. Each community receives 6-month, this document no longer meet that 3501 et seq. statutory requirement for compliance 90-day, and 30-day notification letters with program regulations, 44 CFR part addressed to the Chief Executive Officer List of Subjects in 44 CFR Part 64 59. Accordingly, the communities will stating that the community will be Flood insurance, Floodplains. be suspended on the effective date in suspended unless the required the third column. As of that date, flood floodplain management measures are ■ Accordingly, 44 CFR part 64 is insurance will no longer be available in met prior to the effective suspension amended as follows: the community. However, some of these date. Since these notifications were communities may adopt and submit the made, this final rule may take effect PART 64—[AMENDED] required documentation of legally within less than 30 days. ■ 1. The authority citation for part 64 enforceable floodplain management National Environmental Policy Act. continues to read as follows: measures after this rule is published but This rule is categorically excluded from prior to the actual suspension date. the requirements of 44 CFR part 10, Authority: 42 U.S.C. 4001 et seq.; These communities will not be Environmental Considerations. No Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, suspended and will continue their environmental impact assessment has 3 CFR, 1979 Comp.; p. 376. eligibility for the sale of insurance. A been prepared. Regulatory Flexibility Act. The notice withdrawing the suspension of § 64.6 [Amended] the communities will be published in Administrator has determined that this the Federal Register. rule is exempt from the requirements of ■ 2. The tables published under the In addition, FEMA has identified the the Regulatory Flexibility Act because authority of § 64.6 are amended as Special Flood Hazard Areas (SFHAs) in the National Flood Insurance Act of follows:

Date certain fed- Community Effective date authorization/cancellation of Current effective eral assistance State and location No. sale of flood insurance in community map date no longer available in SFHAs

Region I Massachusetts: Acton, Town of, Middlesex County ...... 250176 March 24, 1972, Emerg; June 15, 1978, June 4, 2010 .... June 4, 2010. Reg; June 4, 2010, Susp. Arlington, Town of, Middlesex County .. 250177 January 16, 1974, Emerg; July 5, 1982, ...... *do ...... Do. Reg; June 4, 2010, Susp. Ashby, Town of, Middlesex County ...... 250178 January 31, 1996, Emerg; August 1, 1996, ...... do ...... Do. Reg; June 4, 2010, Susp. Ashland, Town of, Middlesex County .... 250179 April 24, 1975, Emerg; July 16, 1981, Reg; ...... do ...... Do. June 4, 2010, Susp. Ayer, Town of, Middlesex County ...... 250180 November 7, 1974, Emerg; July 19, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Bedford, Town of, Middlesex County .... 255209 April 2, 1971, Emerg; September 7, 1973, ...... do ...... Do. Reg; June 4, 2010, Susp.

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Belmont, Town of, Middlesex County ... 250182 September 6, 1974, Emerg; June 15, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Billerica, Town of, Middlesex County.... 250183 August 18, 1972, Emerg; November 5, ...... do ...... Do. 1980, Reg; June 4, 2010, Susp. Boxborough, Town of, Middlesex Coun- 250184 April 11, 1975, Emerg; September 15, ...... do ...... Do. ty. 1978, Reg; June 4, 2010, Susp. Burlington, Town of, Middlesex County 250185 January 2, 1976, Emerg; July 5, 1984, Reg; ...... do ...... Do. June 4, 2010, Susp. Cambridge, City of, Middlesex County .. 250186 July 24, 1975, Emerg; July 5, 1982, Reg; ...... do ...... Do. June 4, 2010, Susp. Carlisle, Town of, Middlesex County..... 250187 January 13, 1976, Emerg; October 15, ...... do ...... Do. 1980, Reg; June 4, 2010, Susp. Chelmsford, Town of, Middlesex County 250188 December 6, 1973, Emerg; June 4, 1980, ...... do ...... Do. Reg; June 4, 2010, Susp. Concord, Town of, Middlesex County ... 250189 June 9, 1972, Emerg; June 15, 1979, Reg; ...... do ...... Do. June 4, 2010, Susp. Dracut, Town of, Middlesex County ...... 250190 May 6, 1974, Emerg; July 2, 1980, Reg; ...... do ...... Do. June 4, 2010, Susp. Dunstable, Town of, Middlesex County 250191 December 8, 1986, Emerg; December 8, ...... do ...... Do. 1986, Reg; June 4, 2010, Susp. Everett, City of, Middlesex County ...... 250192 June 30, 1975, Emerg; June 3, 1986, Reg; ...... do ...... Do. June 4, 2010, Susp. Framingham, Town of, Middlesex 250193 August 2, 1974, Emerg; February 3, 1982, ...... do ...... Do. County. Reg; June 4, 2010, Susp. Groton, Town of, Middlesex County...... 250194 October 30, 1975, Emerg; July 5, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Holliston, Town of, Middlesex County ... 250195 December 5, 1975, Emerg; September 30, ...... do ...... Do. 1980, Reg; June 4, 2010, Susp. Hopkinton, Town of, Middlesex County 250196 December 3, 1975, Emerg; July 5, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Hudson, Town of, Middlesex County.... 250197 August 8, 1975, Emerg; December 15, ...... do ...... Do. 1979, Reg; June 4, 2010, Susp. Lexington, Town of, Middlesex County 250198 July 31, 1975, Emerg; June 1, 1978, Reg; ...... do ...... Do. June 4, 2010, Susp. Lincoln, Town of, Middlesex County ..... 250199 December 24, 1975, Emerg; June 1, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. Littleton, Town of, Middlesex County .... 250200 July 9, 1975, Emerg; June 15, 1983, Reg; ...... do ...... Do. June 4, 2010, Susp. Lowell, City of, Middlesex County ...... 250201 January 14, 1972, Emerg; April 16, 1979, ...... do ...... Do. Reg; June 4, 2010, Susp. Malden, City of, Middlesex County ...... 250202 July 25, 1975, Emerg; May 19, 1987, Reg; ...... do ...... Do. June 4, 2010, Susp. Marlborough, City of, Middlesex County 250203 July 25, 1975, Emerg; January 6, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Maynard, Town of, Middlesex County ... 250204 January 16, 1976, Emerg; June 15, 1979, ...... do ...... Do. Reg; June 4, 2010, Susp. Medford, City of, Middlesex County ...... 250205 May 20, 1975, Emerg; June 3, 1986, Reg; ...... do ...... Do. June 4, 2010, Susp. Melrose, City of, Middlesex County ...... 250206 June 9, 1975, Emerg; August 5, 1986, Reg; ...... do ...... Do. June 4, 2010, Susp. Natick, Town of, Middlesex County ...... 250207 March 26, 1975, Emerg; February 1, 1980, ...... do ...... Do. Reg; June 4, 2010, Susp. Newton, City of, Middlesex County ...... 250208 February 25, 1972, Emerg; June 1, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. North Reading, Town of, Middlesex 250209 March 17, 1972, Emerg; April 3, 1978, Reg; ...... do ...... Do. County. June 4, 2010, Susp. Pepperell, Town of, Middlesex County 250210 January 29, 1975, Emerg; July 2, 1981, ...... do ...... Do. Reg; June 4, 2010, Susp. Reading, Town of, Middlesex County ... 250211 July 11, 1975, Emerg; July 2, 1981, Reg; ...... do ...... Do. June 4, 2010, Susp. Sherborn, Town of, Middlesex County .. 250212 June 13, 1978, Emerg; June 18, 1980, Reg; ...... do ...... Do. June 4, 2010, Susp. Shirley, Town of, Middlesex County ...... 250213 July 22, 1975, Emerg; July 5, 1983, Reg; ...... do ...... Do. June 4, 2010, Susp. Somerville, City of, Middlesex County .. 250214 February 4, 1974, Emerg; July 17, 1986, ...... do ...... Do. Reg; June 4, 2010, Susp. Stoneham, Town of, Middlesex County 250215 October 3, 1975, Emerg; July 3, 1986, Reg; ...... do ...... Do. June 4, 2010, Susp.

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Stow, Town of, Middlesex County ...... 250216 October 1, 1975, Emerg; August 1, 1979, ...... do ...... Do. Reg; June 4, 2010, Susp. Sudbury, Town of, Middlesex County ... 250217 August 1, 1975, Emerg; June 1, 1982, Reg; ...... do ...... Do. June 4, 2010, Susp. Tewksbury, Town of, Middlesex County 250218 December 10, 1971, Emerg; July 18, 1977, ...... do ...... Do. Reg; June 4, 2010, Susp. Townsend, Town of, Middlesex County 250219 October 10, 1975, Emerg; August 2, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Tyngsborough, Town of, Middlesex 250220 June 18, 1975, Emerg; September 2, 1982, ...... do ...... Do. County. Reg; June 4, 2010, Susp. Wakefield, Town of, Middlesex County 250221 March 26, 1974, Emerg; October 17, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. Waltham, City of, Middlesex County ..... 250222 July 1, 1975, Emerg; December 18, 1979, ...... do ...... Do. Reg; June 4, 2010, Susp. Watertown, Town of, Middlesex County 250223 December 5, 1974, Emerg; September 30, ...... do ...... Do. 1980, Reg; June 4, 2010, Susp. Wayland, City of, Middlesex County ..... 250224 March 21, 1975, Emerg; June 1, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Westford, Town of, Middlesex County .. 250225 October 3, 1975, Emerg; June 15, 1983, ...... do ...... Do. Reg; June 4, 2010, Susp. Weston, Town of, Middlesex County .... 250226 July 30, 1975, Emerg; July 2, 1980, Reg; ...... do ...... Do. June 4, 2010, Susp. Wilmington, Town of, Middlesex County 250227 July 1, 1974, Emerg; June 15, 1982, Reg; ...... do ...... Do. June 4, 2010, Susp. Winchester, Town of, Middlesex County 250228 August 11, 1975, Emerg; June 18, 1980, ...... do ...... Do. Reg; June 4, 2010, Susp. Woburn, City of, Middlesex County ...... 250229 June 26, 1975, Emerg; July 2, 1980, Reg; ...... do ...... Do. June 4, 2010, Susp. Region IV Alabama: Berry, Town of, Fayette County ...... 010255 July 9, 1976, Emerg; June 3, 1986, Reg; ...... do ...... Do. June 4, 2010, Susp. Fayette, City of, Fayette County ...... 010084 July 17, 1974, Emerg; March 1, 1984, Reg; ...... do ...... Do. June 4, 2010, Susp. Fayette County, Unincorporated Areas 010219 June 17, 1976, Emerg; September 18, ...... do ...... Do. 1985, Reg; June 4, 2010, Susp. Glen Allen, Town of, Fayette County .... 010256 August 25, 1975, Emerg; September 18, ...... do ...... Do. 1985, Reg; June 4, 2010, Susp. Florida: Hamilton County, Unincorporated Areas 120101 February 12, 1975, Emerg; June 4, 1987, ...... do ...... Do. Reg; June 4, 2010, Susp. Jasper, City of, Hamilton County ...... 120587 N/A, Emerg; July 27, 2006, Reg; June 4, ...... do ...... Do. 2010, Susp. White Springs, Town of, Hamilton 120102 November 5, 1975, Emerg; June 4, 1987, ...... do ...... Do. County. Reg; June 4, 2010, Susp. Tennessee: Dunlap, City of, Sequatchie County...... 470270 September 29, 1975, Emerg; March 4, ...... do ...... Do. 1988, Reg; June 4, 2010, Susp. Lake County, Unincorporated Areas ..... 470334 April 22, 1975, Emerg; March 16, 1981, ...... do ...... Do. Reg; June 4, 2010, Susp. Region V Michigan: Centreville, Village of, St. Joseph Coun- 260509 April 5, 1979, Emerg; September 30, 1988, ...... do ...... Do. ty. Reg; June 4, 2010, Susp. Colon, Township of, St. Joseph County 260510 March 9, 1977, Emerg; September 16, ...... do ...... Do. 1988, Reg; June 4, 2010, Susp. Colon, Village of, St. Joseph County .... 260511 March 9, 1977, Emerg; March 2, 1979, ...... do ...... Do. Reg; June 4, 2010, Susp. Constantine, Village of, St. Joseph 260512 September 23, 1976, Emerg; August 19, ...... do ...... Do. County. 1986, Reg; June 4, 2010, Susp. Fabius, Township of, St. Joseph County 260781 November 13, 1986, Emerg; September 30, ...... do ...... Do. 1988, Reg; June 4, 2010, Susp. Lockport, Township of, St. Joseph 260715 August 30, 1982, Emerg; February 17, ...... do ...... Do. County. 1989, Reg; June 4, 2010, Susp. Mendon, Township of, St. Joseph 260513 May 28, 1982, Emerg; July 2, 1987, Reg; ...... do ...... Do. County. June 4, 2010, Susp. Mendon, Village of, St. Joseph County 261136 July 6, 2007, Emerg; June 4, 2010, Reg; ...... do ...... Do. June 4, 2010, Susp.

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Nottawa, Township of, St. Joseph 260514 January 24, 1978, Emerg; March 2, 1989, ...... do ...... Do. County. Reg; June 4, 2010, Susp. Park, Township of, St. Joseph County .. 261122 June 30, 2009, Emerg; June 4, 2010, Reg; ...... do ...... Do. June 4, 2010, Susp. Three Rivers, City of, St. Joseph Coun- 260206 April 28, 1975, Emerg; December 15, 1990, ...... do ...... Do. ty. Reg; June 4, 2010, Susp. White Pigeon, Village of, St. Joseph 261138 May 21, 2009, Emerg; June 4, 2010, Reg; ...... do ...... Do. County. June 4, 2010, Susp. Minnesota: Arden Hills, City of, Ramsey County..... 270375 January 21, 1975, Emerg; July 2, 1981, ...... do ...... Do. Reg; June 4, 2010, Susp. Little Canada, City of, Ramsey County 270377 May 24, 1977, Emerg; November 3, 1982, ...... do ...... Do. Reg; June 4, 2010, Susp. Maplewood, City of, Ramsey County .... 270378 April 23, 1974, Emerg; August 5, 1986, ...... do ...... Do. Reg; June 4, 2010, Susp. Mounds View, City of, Ramsey County 270379 July 23, 1975, Emerg; March 2, 1983, Reg; ...... do ...... Do. June 4, 2010, Susp. New Brighton, City of, Ramsey County 270380 April 5, 1974, Emerg; September 1, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. North St. Paul, City of, Ramsey County 270382 May 9, 1974, Emerg; September 15, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. Roseville, City of, Ramsey County ...... 270599 February 9, 1976, Emerg; March 30, 1981, ...... do ...... Do. Reg; June 4, 2010, Susp. Shoreview, City of, Ramsey County ..... 270384 May 2, 1975, Emerg; April 1, 1981, Reg; ...... do ...... Do. June 4, 2010, Susp. St. Paul, City of, Ramsey County ...... 275248 April 2, 1971, Emerg; February 9, 1973, ...... do ...... Do. Reg; June 4, 2010, Susp. Vadnais Heights, City of, Ramsey 270385 July 3, 1974, Emerg; June 30, 1976, Reg; ...... do ...... Do. County. June 4, 2010, Susp. White Bear, Township of, Ramsey 270688 March 9, 1977, Emerg; September 18, ...... do ...... Do. County. 1985, Reg; June 4, 2010, Susp. White Bear Lake, City of, Ramsey and 270386 April 28, 1975, Emerg; September 4, 1987, ...... do ...... Do. Washington Counties. Reg; June 4, 2010, Susp. Ohio: Carroll County, Unincorporated Areas .. 390763 May 11, 1990, Emerg; September 28, 1990, ...... do ...... Do. Reg; June 4, 2010, Susp. Delroy, Village of, Carroll County ...... 390049 March 11, 1977, Emerg; August 19, 1987, ...... do ...... Do. Reg; June 4, 2010, Susp. Magnolia, Village of, Carroll and Stark 390051 February 2, 1976, Emerg; September 1, ...... do ...... Do. Counties. 1986, Reg; June 4, 2010, Susp. Malvern, Village of, Carroll County ...... 390052 May 14, 1975, Emerg; July 3, 1995, Reg; ...... do ...... Do. June 4, 2010, Susp. Region VI New Mexico: Artesia, City of, Eddy County ...... 350016 April 4, 1975, Emerg; February 4, 1981, ...... do ...... Do. Reg; June 4, 2010, Susp. Carlsbad, City of, Eddy County ...... 350017 July 21, 1972, Emerg; March 15, 1978, ...... do ...... Do. Reg; June 4, 2010, Susp. Eddy County, Unincorporated Areas ..... 350120 October 22, 1975, Emerg; April 22, 2004, Do ...... Do. Reg; June 4, 2010, Susp. Texas: Amarillo, City of, Potter and Randall 480529 March 30, 1973, Emerg; July 19, 1982, ...... do ...... Do. Counties. Reg; June 4, 2010, Susp. Canyon, City of, Randall County ...... 480533 August 29, 1974, Emerg; September 20, ...... do ...... Do. 1982, Reg; June 4, 2010, Susp. Lake Tanglewood, Village of, Randall 481259 July 21, 1975, Emerg; September 30, 1982, ...... do ...... Do. County. Reg; June 4, 2010, Susp. Palisades, Village of, Randall County ... 481666 N/A, Emerg; June 12, 1995, Reg; June 4, ...... do ...... Do. 2010, Susp. Timbercreek Canyon, Village of, Ran- 485518 January 26, 1984, Emerg; January 26, ...... do ...... Do. dall County. 1984, Reg; June 4, 2010, Susp. Potter County, Unincorporated Areas ... 481241 February 25, 2004, Emerg; June 4, 2010, ...... do ...... Do. Reg; June 4, 2010, Susp. Randall County, Unincorporated Areas 480532 June 13, 1978, Emerg; September 30, ...... do ...... Do. 1982, Reg; June 4, 2010, Susp.

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Region X Alaska: Hoonah, City of, Skagway-Hoonah- 020049 June 14, 1976, Emerg; April 2, 1979, Reg; ...... do ...... Do. Angoon Census Area. June 4, 2010, Susp. *do =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: May 11, 2010. at the office of the Chief Executive 10, Environmental Consideration. An Sandra K. Knight, Officer of each community. The environmental impact assessment has Deputy Federal Insurance and Mitigation respective addresses are listed in the not been prepared. Administrator, Mitigation. table below. Regulatory Flexibility Act. As flood [FR Doc. 2010–12203 Filed 5–20–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: elevation determinations are not within BILLING CODE 9110–12–P Kevin C. Long, Acting Chief, the scope of the Regulatory Flexibility Engineering Management Branch, Act, 5 U.S.C. 601–612, a regulatory Mitigation Directorate, Federal flexibility analysis is not required. DEPARTMENT OF HOMELAND Emergency Management Agency, 500 C Regulatory Classification. This final SECURITY Street, SW., Washington, DC 20472, rule is not a significant regulatory action (202) 646–2820, or (e-mail) Federal Emergency Management under the criteria of section 3(f) of [email protected]. Agency Executive Order 12866 of September 30, SUPPLEMENTARY INFORMATION: The 1993, Regulatory Planning and Review, 44 CFR Part 67 Federal Emergency Management Agency 58 FR 51735. (FEMA) makes the final determinations Executive Order 13132, Federalism. [Docket ID FEMA–2010–0003] listed below for the modified BFEs for This final rule involves no policies that have federalism implications under Final Flood Elevation Determinations each community listed. These modified elevations have been published in Executive Order 13132. AGENCY: Federal Emergency newspapers of local circulation and Executive Order 12988, Civil Justice Management Agency, DHS. ninety (90) days have elapsed since that Reform. This final rule meets the ACTION: Final rule. publication. The Deputy Federal applicable standards of Executive Order Insurance and Mitigation Administrator 12988. SUMMARY: Base (1% annual-chance) has resolved any appeals resulting from List of Subjects in 44 CFR Part 67 Flood Elevations (BFEs) and modified this notification. BFEs are made final for the This final rule is issued in accordance Administrative practice and communities listed below. The BFEs with section 110 of the Flood Disaster procedure, Flood insurance, Reporting and modified BFEs are the basis for the Protection Act of 1973, 42 U.S.C. 4104, and recordkeeping requirements. floodplain management measures that and 44 CFR part 67. FEMA has each community is required either to ■ Accordingly, 44 CFR part 67 is developed criteria for floodplain amended as follows: adopt or to show evidence of being management in floodprone areas in already in effect in order to qualify or accordance with 44 CFR part 60. PART 67—[AMENDED] remain qualified for participation in the Interested lessees and owners of real National Flood Insurance Program property are encouraged to review the ■ 1. The authority citation for part 67 (NFIP). proof Flood Insurance Study and FIRM continues to read as follows: DATES: The date of issuance of the Flood available at the address cited below for Authority: 42 U.S.C. 4001 et seq.; Insurance Rate Map (FIRM) showing each community. The BFEs and Reorganization Plan No. 3 of 1978, 3 CFR, BFEs and modified BFEs for each modified BFEs are made final in the 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, community. This date may be obtained communities listed below. Elevations at 3 CFR, 1979 Comp., p. 376. by contacting the office where the maps selected locations in each community § 67.11 [Amended] are available for inspection as indicated are shown. in the table below. National Environmental Policy Act. ■ 2. The tables published under the ADDRESSES: The final BFEs for each This final rule is categorically excluded authority of § 67.11 are amended as community are available for inspection from the requirements of 44 CFR part follows:

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet Communities affected above ground ∧ Elevation in meters (MSL) Modified

Washington, District of Columbia Docket No.: FEMA–B–7737

Anacostia River ...... Approximately at Anacostia Railroad Bridge ...... +13 District of Columbia. At approximately 200 feet upstream of New York Avenue +17 Barnaby Run ...... Approximately at the confluence with Oxon Run ...... +21 District of Columbia. At approximately 1,200 feet upstream of South Capital +53 and Southern Avenue. Broad Branch ...... At approximately 2,560 feet upstream of Ridge Road ...... +102 District of Columbia. At approximately 760 feet upstream of 27th Street ...... +187 Creek Along Normanstone At approximately 230 feet downstream of Rock Creek +40 District of Columbia. Drive. Drive. At approximately 190 feet upstream of Normanstone Drive +150 East Creek A ...... At approximately 2,250 feet downstream of Dalecarlia +165 District of Columbia. Parkway. At approximately 675 feet downstream of Dalecarlia Park- +169 way. East Creek B ...... Approximately at the Glenbrook Road ...... +240 District of Columbia. At approximately 760 feet upstream of Driveway Bridge +308 #4. Fenwick Branch ...... Approximately at the confluence with Rock Creek ...... +176 District of Columbia. At approximately 3,620 feet upstream of the confluence +232 with Tributary of Fenwick Branch. Fort Dupont Creek ...... Approximately 500 feet downstream of Minnesota Avenue +23 District of Columbia. Bridge. At approximately 40 feet downstream of Minnesota Ave- +29 nue Bridge. Melvin Hazen Branch ...... Approximately 1,000 feet upstream from Connecticut Ave- +208 District of Columbia. nue NW. At approximately 125 feet downstream of Reno Road ...... +244 Oxon Run ...... At approximately 320 feet upstream of the confluence with +23 District of Columbia. Barnaby Run. At approximately 6,160 feet upstream of Wheeler Road ... +103 Pinehurst Run ...... Approximately at the confluence with Rock Creek ...... +165 District of Columbia. At approximately 3,100 feet upstream of Oregon Avenue +255 Pope Branch ...... At approximately 80 feet upstream of Minnesota Avenue .. +45 District of Columbia. Approximately 4,630 feet upstream of Minnesota Avenue +159 Potomac River ...... At approximately 500 feet downstream of Route 95 ...... +9 District of Columbia. At approximately 2,200 feet upstream of Chain Bridge +41 Road. Rock Creek ...... Approximately at the confluence with Potomac River ...... +16 District of Columbia. Approximately at the confluence with Fenwick Branch ...... +176 Tributary to Fenwick Branch ..... Approximately at the confluence with Fenwick Creek ...... +191 District of Columbia...... At approximately 2,500 feet upstream of the confluence +231 with Fenwick Branch. Watts Branch ...... Approximately at the confluence with Anacostia River ...... +15 District of Columbia. Approximately at Southern Avenue ...... +96

* National Geodetic Vertical Datum. + North American Vertical Datum. #Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES District of Columbia Maps are available for inspection at the Department of the Environment, Watershed Protection Division, 1200 1st Street, Northeast, Wash- ington, DC 20002.

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(Catalog of Federal Domestic Assistance No. Legal Basis § 383.73(j)(1)(iii) has been clarified in 97.022, ‘‘Flood Insurance.’’) Medical Certification Requirements as today’s final rule. This is explained in Dated: May 11, 2010. Part of the CDL footnote three on page seven of the Sandra K. Knight, decision denying the petition for The legal basis of the 2008 final rule reconsideration of December 30, 2008 Deputy Federal Insurance and Mitigation is also applicable to this rule. See 73 FR Administrator, Mitigation, Department of from Advocates dated May 12, 2010 and Homeland Security, Federal Emergency 73096–73097, December 1, 2008. included in the docket. Management Agency. Background 5. The December 1, 2008, final rule included an inconsistency in the [FR Doc. 2010–12199 Filed 5–20–10; 8:45 am] The FMCSA determined that several BILLING CODE 9110–12–P language inserted into 49 CFR 383.73 (j). technical errors were made in the This language used the term ‘‘medical December 1, 2008, Medical Certification examiner’s license or certificate Requirements final rule (73 FR 73096). number’’ to refer to the number on a DEPARTMENT OF TRANSPORTATION The FMCSA also received two petitions medical examiner’s license to practice for reconsideration of the final rule that in § 383.73(j)(iii)(D). However, in 49 Federal Motor Carrier Safety are discussed further in today’s final CFR 383.73(j)(iii), (j)(iii)(C), and Administration rule. (j)(iii)(J), ‘‘medical examiner’s 1. The December 1, 2008, final rule certificate’’ is used to refer to the 49 CFR Parts 383 and 391 had an unintentional error in certificate a driver is issued when a § 383.71(a)(ii), omitting the language medical examiner qualifies him or her [Docket No. FMCSA–1997–2210] ‘‘(C), or (D)’’ after ‘‘(A) or (B)’’. Today’s to drive. This inconsistency has been final rule corrects this amendatory RIN 2126–AB24 clarified in today’s final rule so that language error. ‘‘medical examiner’s certificate’’ clearly 2. The December 1, 2008, final rule Medical Certification Requirements as refers to the document a medical unintentionally replaced § 383.71(a) Part of the Commercial Driver’s examiner issues a driver to qualify him with the new text of § 383.71(a)(1); the License (CDL); Technical, or her to drive. In today’s final rule 49 Agency’s intent was only to amend the Organizational, and Conforming CFR 383.73(j)(iii)(D) is clarified to refer language of § 383.71(a)(1). However, Amendments to the ‘‘medical examiner’s license’’ to because of an amendatory language practice, issued to the medical examiner AGENCY: Federal Motor Carrier Safety error, § 383.71(a)(2) through by the State in which he or she Administration (FMCSA), DOT. § 383.71(a)(9) were removed. The practices. ACTION: Final rule; Technical preambles of the NPRM and the final 6. The FMCSA incorporates a change amendments and response to petitions rule made no mention of an intent to in several provisions of the final rule, as for reconsideration. change these sections, and revised requested by a petition for § 383.71(a)(1), as adopted by the 2008 reconsideration from the Indiana SUMMARY: The FMCSA amends its final rule, itself refers to the Department of Revenue, Motor Carrier regulations implementing section 215 of requirements of § 383.71(a)(2) through Services Division, filed on December 29, the Motor Carrier Safety Improvement (9). Today’s final rule therefore restores 2008. The petition asked that FMCSA Act of 1999 (MCSIA). The purpose of the text of § 383.71(a)(2) through (9). reconsider requirement for States to this rule is both to make amendments 3. The December 1, 2008, final rule mail receipts to drivers as proof that a responding to petitions for included a new requirement in 49 CFR medical certification had been reconsideration and to make technical 383.71(h) for CDL holders to submit submitted to the State driver licensing corrections to a FMCSA regulation. documents and information to State agency. The FMCSA sent a response DATES: The amendments in this final driver licensing agencies. The penalties granting this petition on October 2, rule become effective May 21, 2010. listed in 49 CFR 383.73(g) for falsifying 2009. Through today’s final rule, information and documents submitted ADDRESSES: Public Access to the Docket: FMCSA removes the requirement for in accordance with the requirements of You may view, print, and download this States to provide receipts to drivers, and § 383.71(h) are applicable. However, the final rule and all related documents and to allow drivers and employers to utilize provisions of § 383.73(g) needed to be background material on-line at http:// medical certificates as evidence that a clarified to reflect the application to the www.regulations.gov, using the Docket CDL holder is medically certified for 15 requirements in § 383.71(h). The ID Number FMCSA–1997–2210. These calendar days from the date of issuance provisions of § 383.73(g) have been of the certificate. Therefore, several documents can also be examined and clarified in response to the petition for changes in the final rule text are copied for a fee at the U.S. Department reconsideration of December 30, 2008, necessary to implement this procedure. of Transportation, Docket Operations, from Advocates for Highways and Auto The changes are in 49 CFR 383.73(a)(5), West Building-Ground Floor, Room Safety (Advocates), as explained on 391.23(m)(2)(i)(B), 391.41(a)(2), and W12–140, 1200 New Jersey Avenue, SE., pages 3 and 4 of the decision denying 391.51(b)(7)(ii). Washington, DC, between 9 a.m. and 5 the petition dated May 12, 2010 and 7. The preamble to the December 1, p.m., Monday through Friday, except included in the docket. 2008, final rule clearly states that the Federal holidays. 4. In the December 1, 2008, final rule, medical variance restriction code ‘‘V’’ FOR FURTHER INFORMATION CONTACT: If § 383.73(j)(1)(iii) references business must appear on both the CDL and the you have questions on today’s final rule, days for the specified time period, CDLIS driver record. Accordingly, please contact: Ms. Ava Herman, Office rather than calendar days. The preamble FMCSA revised 49 CFR 383.95(b) to of Policy, Plans, and Regulations (MC– of the December 1, 2008, final rule also require this information to be placed on PRR), Federal Motor Carrier Safety incorrectly references business days the CDLIS driver record, but Administration, 1200 New Jersey instead of calendar days, even though inadvertently omitted a revision to 49 Avenue, SE., Washington, DC 20590; the other provisions of § 383.73(j)(2) and CFR 383.153 to require this information telephone (202) 366–7023. § 383.73(j)(3) correctly specify 10 to be displayed on the commercial SUPPLEMENTARY INFORMATION: calendar days. The language of driver’s license document. This rule

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adds the conforming amendment to Executive Order 12988 (Civil Justice Environmental Policy Act of 1969 (42 § 383.153(e). Reform) U.S.C. 4321 et seq.) and determined under our environmental procedures Agency’s Assessment and Decision This action meets applicable standards in sections 3(a) and 3(b)(2) of Order 5610.1, published March 1, 2004 The Agency decided to issue these Executive Order 12988, Civil Justice (69 FR 9680), that this action does not amendments because the changes and Reform, to minimize litigation, have any significant impact on the updates are necessary to correct eliminate ambiguity, and reduce environment. In addition, the actions in amendatory language errors and to burden. this final rule are categorically excluded respond to issues raised in two petitions from further analysis and for reconsideration. Executive Order 13045 (Protection of documentation as per paragraph 6.b of Children) Appendix 2 of FMCSA’s Order 5610.1. Rulemaking Analyses and Notices The FMCSA analyzed this action The FMCSA also analyzed this rule Administrative Procedure Act under Executive Order 13045, under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et If an agency determines that the prior Protection of Children From seq.), and implementing regulations notice and opportunity for public Environmental Health Risks and Safety promulgated by the Environmental comment on a rule normally required by Risks. We determined that this rulemaking does not concern an Protection Agency. Approval of this the Administrative Procedure Act are action is exempt from the CAA’s general impracticable, unnecessary, or contrary environmental risk to health or safety that may disproportionately affect conformity requirement since the action to the public interest (the so-called results in no increase in emissions. ‘‘good cause’’ finding), it may publish children. the rule without providing such notice Executive Order 12630 (Taking of Executive Order 13211 (Energy Effects) and opportunity for comment. (See 5 Private Property) The FMCSA analyzed this action U.S.C. 553(b).) The amendments made This rulemaking does not effect a under Executive Order 13211, Actions by this final rule make changes to Concerning Regulations That correct inadvertent errors and to taking of private property or otherwise have taking implications under Significantly Affect Energy Supply, respond to petitions for reconsideration. Distribution, or Use. We determined For these reasons, FMCSA finds good Executive Order 12630, Governmental Actions and Interference With that it is not a ‘‘significant energy action’’ cause that notice and public comment under that Executive Order because it is are unnecessary. Further, the Agency Constitutionally Protected Property Rights. not economically significant and is not finds good cause under 5 U.S.C. likely to have an adverse effect on the 553(d)(3) to make the amendments Executive Order 13132 (Federalism) supply, distribution, or use of energy. effective upon publication. The FMCSA analyzed this rule in List of Subjects Executive Order 12866 (Regulatory accordance with the principles and Planning and Review) and DOT criteria contained in Executive Order 49 CFR Part 383 Regulatory Policies and Procedures 13132. Although the 2008 final rule had Administrative practice and Federalism implications, FMCSA procedure, Highway safety, Motor The FMCSA has determined that this determined that it did not create a carriers. action is not a significant regulatory substantial direct effect on the States, on 49 CFR Part 391 action within the meaning of Executive the relationship between the national Order 12866 or within the meaning of government and the States, or on the Motor carriers, Reporting and the Department of Transportation distribution of power and recordkeeping requirements, Safety. regulatory policies and procedures. The responsibilities among the various ■ In consideration of the foregoing, Office of Management and Budget levels of government. This rulemaking FMCSA amends Parts 383 and 391 of (OMB) did not review this document. does not change that determination in Title 49, Code of Federal Regulations, as We expect the final rule will have any way. follows: minimal costs; therefore, a full regulatory evaluation is unnecessary. Executive Order 12372 PART 383—COMMERCIAL DRIVER’S (Intergovernmental Review) Regulatory Flexibility Act LICENSE STANDARDS; The regulations implementing REQUIREMENTS AND PENALTIES In compliance with the Regulatory Executive Order 12372 regarding Flexibility Act (5 U.S.C. 601–612), ■ 1. The authority citation for part 383 intergovernmental consultation on continues to read as follows: FMCSA has evaluated the effects of this Federal programs and activities do not rule on small entities. The rule makes apply to this action. Authority: 49 U.S.C. 521, 31136, 31301 et several changes to correct inadvertent seq., and 31502; secs. 214 and 215 of Pub. L. errors. FMCSA therefore certifies that Paperwork Reduction Act 106–159, 113 Stat. 1766, 1767; sec. 1012(b) this action will not have a significant of Pub. L. 107–56; 115 Stat. 397; sec. 4140 The Paperwork Reduction Act of 1995 of Pub. L. 109–59, 119 Stat. 1144, 1726; and economic impact on a substantial (44 U.S.C. 3507(d)) requires that FMCSA 49 CFR 1.73. number of small entities. consider the impact of paperwork and ■ 2. In § 383.71, revise paragraph (a) to Unfunded Mandates Reform Act of 1995 other information collection burdens read as follows: imposed on the public. We have This rulemaking does not impose an determined that no new information § 383.71 Driver application and unfunded Federal mandate, as defined collection requirements are associated certification procedures. by the Unfunded Mandates Reform Act with the technical amendments to this (a) Initial Commercial Driver’s of 1995 (2 U.S.C. 1532, et seq.), that will final rule. License. Prior to obtaining a CDL, a result in the expenditure by State, local, person must meet the following and tribal governments, in the aggregate, National Environmental Policy Act requirements: or by the private sector, of $120 million The FMCSA analyzed this final rule (1)(i) Initial Commercial Driver’s or more in any 1 year. for the purpose of the National License applications submitted prior to

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January 30, 2012. Any person applying (B) Excepted interstate. A person administered by an authorized third for a CDL prior to January 30, 2012, must certify that he or she operates or party; must meet the requirements set forth in expects to operate in interstate (4) Certify that the motor vehicle in paragraphs (a)(2) through (a)(9) of this commerce, but engages exclusively in which the person takes the driving skills section, and make the following transportation or operations excepted test is representative of the type of applicable certification in paragraph under 49 CFR 390.3(f), 391.2, 391.68 or motor vehicle that person operates or (a)(1)(i)(A) or (B) of this section: 398.3 from all or parts of the expects to operate; (A) A person who operates or expects qualification requirements of 49 CFR (5) Provide to the State of issuance the to operate in interstate or foreign part 391, and is, therefore, not required information required to be included on commerce, or is otherwise subject to 49 to obtain a medical examiner’s the CDL as specified in subpart J of this CFR part 391, must certify that he/she certificate by 49 CFR 391.45 of this part; meets the qualification requirements chapter; (6) Certify that he/she is not subject to contained in part 391 of this title; or (C) Non-excepted intrastate. A person any disqualification under § 383.51, or (B) A person who operates or expects must certify that he or she operates only any license suspension, revocation, or to operate entirely in intrastate in intrastate commerce and, therefore, is cancellation under State law, and that commerce and is not subject to part 391, subject to State driver qualification he/she does not have a driver’s license is subject to State driver qualification requirements; or from more than one State or requirements and must certify that he/ (D) Excepted intrastate. A person jurisdiction; she is not subject to part 391. must certify that he or she operates in (7) Surrender the applicant’s non-CDL (ii) Initial Commercial Driver’s intrastate commerce, but engages driver’s licenses to the State; and License applications submitted on or exclusively in transportation or (8) Provide the names of all States after January 30, 2012. Any person operations excepted from all or parts of where the applicant was previously applying for a CDL on or after January the State driver qualification licensed to drive any type of motor 30, 2012, must meet the requirements requirements. vehicle during the previous 10 years. set forth in paragraphs (a)(2) through (2) Pass a knowledge test in (9) If applying for a hazardous (a)(9), and (h) of this section, and make accordance with the standards materials endorsement, comply with one of the following applicable contained in Subparts G and H of this Transportation Security Administration certifications in paragraph (a)(ii)(A), (B), part for the type of motor vehicle the requirements codified in 49 CFR Part (C), or (D) of this section: person operates or expects to operate; 1572, and provide proof of citizenship (A) Non-excepted interstate. A person (3) Pass a driving or skills test in or immigration status as specified in must certify that he or she operates or accordance with the standards Table 1 to this section. A lawful expects to operate in interstate contained in Subparts G and H of this permanent resident of the United States commerce, is both subject to and meets part taken in a motor vehicle which is requesting a hazardous materials the qualification requirements under 49 representative of the type of motor endorsement must additionally provide CFR part 391, and is required to obtain vehicle the person operates or expects to his or her Bureau of Citizenship and a medical examiner’s certificate by operate; or provide evidence that he/she Immigration Services (BCIS) Alien § 391.45 of this chapter; has successfully passed a driving test registration number.

TABLE 1 TO § 383.71—LIST OF ACCEPTABLE PROOFS OF CITIZENSHIP OR IMMIGRATION

Status Proof of status

U.S. Citizen ...... • U.S. Passport. • Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying possession of the United States. • Certification of Birth Abroad issued by the U.S. Department of State (Form FS–545 or DS 1350). • Certificate of Naturalization (Form N–550 or N–570). • Certificate of U.S. Citizenship (Form N–560 or N–561). Lawful Permanent Resident ...... • Permanent Resident Card, Alien Registration Receipt Card (Form I–551). • Temporary I–551 stamp in foreign passport. • Temporary I–551 stamp on Form I–94, Arrival/Departure Record, with photograph of the bearer. • Reentry Permit (Form I–327).

* * * * * medical examiner’s certificate, and post any of the certifications required in ■ 3. Revise § 383.73(a)(5), (g), (j)(1)(iii) all required information from the § 383.71(a) or (g), or in any of the introductory text, and (j)(1)(iii)(D) to medical examiner’s certificate to the documents required to be submitted by read as follows: CDLIS driver record in accordance with § 383.71(h), the State shall at a paragraph (j) of this section. minimum suspend, cancel, or revoke § 383.73 State procedures. * * * * * the person’s CDL or his/her pending (a) * * * application, or disqualify the person (g) Penalties for false information. If a from operating a commercial motor (5) Beginning January 30, 2012, for State determines, in its check of an vehicle for a period of at least 60 drivers who certified their type of applicant’s license status and record consecutive days. driving according to § 383.71(a)(1)(ii)(A) prior to issuing a CDL, or at any time (non-excepted interstate) and, if the after the CDL is issued, that the * * * * * driver submits a current medical applicant falsified information (j) * * * examiner’s certificate, date-stamp the contained in subpart J of this part, in (1) * * *

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(iii) Post the information from the documenting that he or she meets the DEPARTMENT OF COMMERCE medical examiner’s certificate within 10 physical qualification requirements of calendar days to the CDLIS driver this part, no longer needs to carry on his National Oceanic and Atmospheric record, including: or her person the medical examiner’s Administration * * * * * certificate specified at § 391.43(h), or a (D) Medical Examiner’s license copy. If there is no medical certification 50 CFR Part 679 number and the State that issued it; information on that driver’s CDLIS [Docket No. 0910131363–0087–02] motor vehicle record defined at 49 CFR * * * * * RIN 0648–XW55 ■ 4. Amend § 383.153 by adding 384.105, a current medical examiner’s paragraph (e) to read as follows: certificate issued prior to January 30, Fisheries of the Exclusive Economic 2012, will be accepted until January 30, Zone Off Alaska; Pacific Cod by § 383.153 Information on the document 2014. After January 30, 2014, a driver and application Catcher Vessels Less Than 60 feet may use a copy of the current medical (18.3 m) Length Overall Using Hook- * * * * * examiner’s certificate that was and-Line or Pot Gear in the Bering Sea (e) If the State has been notified that submitted to the State for up to 15 days and Aleutian Islands Management Area the applicant has been issued a medical after the date it was issued as proof of variance as specified in § 383.95(b), the medical certification. AGENCY: National Marine Fisheries restriction code ‘‘V’’ must be indicated Service (NMFS), National Oceanic and (ii) A CDL holder required by on the license. Atmospheric Administration (NOAA), § 383.71(h) to obtain a medical Commerce. examiner’s certificate, who obtained PART 391—QUALIFICATIONS OF ACTION: Temporary rule; closure. DRIVERS AND LONGER such by virtue of having obtained a COMBINATION VEHICLE (LCV) medical variance from FMCSA, must SUMMARY: NMFS is prohibiting directed DRIVER INSTRUCTORS continue to have in his or her fishing for Pacific cod by catcher vessels possession the original or copy of that less than 60 feet (18.3 m) length overall ■ 5. The authority citation for part 391 medical variance documentation at all (LOA) using hook-and-line or pot gear continues to read as follows: times when on-duty. in the Bering Sea and Aleutian Islands Authority: 49 U.S.C. 322, 504, 508, 31133, * * * * * management area (BSAI). This action is 31136, and 31502; sec. 4007(b) of Pub. L. necessary to prevent exceeding the 2010 102–240, 105 Stat. 2152; sec. 114 of Pub. L. ■ 8. Revise § 391.51(b)(7)(ii) to read as Pacific cod total allowable catch 103–311, 108 Stat. 1673, 1677; sec. 215 of follows: allocated to catcher vessels less than 60 Pub. L. 106–159, 113 Stat. 1767; and 49 CFR § 391.51 General requirements for driver feet LOA using hook-and-line or pot 1.73. gear in the BSAI. ■ qualification files. 6. Amend § 391.23: DATES: Effective 1200 hrs, Alaska local ■ ‘‘ ’’ * * * * * By removing or at the end of time (A.l.t.), May 19, 2010, through 2400 ‘‘ ’’ paragraph (m)(2)(i)(A) and adding and (b) * * * hrs, A.l.t., December 31, 2010. in its place; and ■ By revising paragraph (m)(2)(i)(B) to (7) * * * FOR FURTHER INFORMATION CONTACT: read as follows: (ii) Exception. For CDL holders, Obren Davis, 907–586–7228. beginning January 30, 2012, if the CDLIS SUPPLEMENTARY INFORMATION: NMFS § 391.23 Investigations and inquiries. motor vehicle record contains medical manages the groundfish fishery in the * * * * * certification status information, the BSAI according to the Fishery (m) * * * motor carrier employer must meet this Management Plan for Groundfish of the (2) * * * requirement by obtaining the CDLIS Bering Sea and Aleutian Islands (i) * * * motor vehicle record defined at Management Area (FMP) prepared by (B) Exception. If the driver provided § 384.105 of this chapter. That record the North Pacific Fishery Management the motor carrier with a copy of the must be obtained from the current Council under authority of the current medical examiner’s certificate licensing State and placed in the driver Magnuson-Stevens Fishery that was submitted to the State in qualification file. After January 30, Conservation and Management Act. accordance with § 383.73(a)(5) of this 2014, a non-excepted, interstate CDL Regulations governing fishing by U.S. chapter, the motor carrier may use a holder without medical certification vessels in accordance with the FMP copy of that medical examiner’s status information on the CDLIS motor appear at subpart H of 50 CFR part 600 certificate as proof of the driver’s vehicle record is designated ‘‘not- and 50 CFR part 679. medical certification for up to 15 days The 2010 Pacific cod total allowable certified’’ to operate a CMV in interstate after the date it was issued. catch (TAC) allocated to catcher vessels commerce. After January 30, 2014, a less than 60 feet LOA using hook-and- * * * * * motor carrier may use a copy of the line or pot gear in the BSAI is 4,598 ■ 7. Revise § 391.41(a)(2) to read as driver’s current medical examiner’s follows: metric tons, as established by the final certificate that was submitted to the 2010 and 2011 harvest specification for § 391.41 Physical qualifications for State for up to 15 days from the date it groundfish in the BSAI (75 FR 11788, drivers. was issued as proof of medical March 12, 2010) and subsequent (a) * * * certification. reallocations on March 17, 2010 (75 FR (2) CDL exception. (i) Beginning * * * * * 13444, March 22, 2010) and April 12, January 30, 2012, a driver required to Issued on: May 17, 2010. 2010 (75 FR 19562). have a commercial driver’s license In accordance with § 679.20(d)(1)(iii), under part 383 of this chapter, and who Anne S. Ferro, the Administrator, Alaska Region, submitted a current medical examiner’s Administrator. NMFS, has determined that the 2010 certificate to the State in accordance [FR Doc. 2010–12189 Filed 5–20–10; 8:45 am] Pacific cod directed fishing allowance with § 383.71(h) of this chapter BILLING CODE 4910–EX–P allocated to catcher vessels less than 60

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feet LOA using hook-and-line or pot requirement to provide prior notice and The AA also finds good cause to gear in the BSAI has been reached. opportunity for public comment waive the 30–day delay in the effective Consequently, NMFS is prohibiting pursuant to the authority set forth at 5 date of this action under 5 U.S.C. directed fishing for Pacific cod by U.S.C. 553(b)(B) as such requirement is 553(d)(3). This finding is based upon catcher vessels less than 60 feet LOA impracticable and contrary to the public the reasons provided above for waiver of using hook-and-line or pot gear in the interest. This requirement is prior notice and opportunity for public BSAI. impracticable and contrary to the public comment. After the effective date of this closure interest as it would prevent NMFS from This action is required by § 679.20 the maximum retainable amounts at responding to the most recent fisheries and is exempt from review under § 679.20(e) and (f) apply at any time data in a timely fashion and would Executive Order 12866. during a trip. delay the closure of Pacific cod by Authority: 16 U.S.C. 1801 et seq. catcher vessels less than 60 feet LOA Classification using hook-and-line or pot gear in the Dated: May 18, 2010. This action responds to the best BSAI. NMFS was unable to publish a James P. Burgess, available information recently obtained notice providing time for public Acting Director, Office of Sustainable from the fishery. The Assistant comment because the most recent, Fisheries, National Marine Fisheries Service. Administrator for Fisheries, NOAA relevant data only became available as [FR Doc. 2010–12274 Filed 5–18–10; 4:15 PM] (AA), finds good cause to waive the of May 17, 2010. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 75, No. 98

Friday, May 21, 2010

This section of the FEDERAL REGISTER ADDRESSES: You may send comments by personal information you provide. We contains notices to the public of the proposed any of the following methods: will also post a report summarizing each issuance of rules and regulations. The • Federal eRulemaking Portal: Go to substantive verbal contact we receive purpose of these notices is to give interested http://www.regulations.gov. Follow the about this proposed AD. persons an opportunity to participate in the instructions for submitting comments. rule making prior to the adoption of the final • Fax: (202) 493–2251. Discussion rules. • Mail: U.S. Department of The European Aviation Safety Agency Transportation, Docket Operations, M– (EASA), which is the Technical Agent DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room for the Member States of the European W12–140, 1200 New Jersey Avenue, SE., Community, has issued EASA AD No.: Federal Aviation Administration Washington, DC 20590. 2007–0025, dated February 1, 2007 • Hand Delivery: U.S. Department of (referred to after this as ‘‘the MCAI’’), to Transportation, Docket Operations, M– 14 CFR Part 39 correct an unsafe condition for the 30, West Building Ground Floor, Room specified products. The MCAI states: [Docket No. FAA–2010–0522; Directorate W12–140, 1200 New Jersey Avenue, SE., Identifier 2010–CE–022–AD] Washington, DC 20590, between 9 a.m. This Airworthiness Directive (AD) results RIN 2120–AA64 and 5 p.m., Monday through Friday, from reports of cracks in the engine except Federal holidays. crankcase. Austro Control GmbH (ACG) Airworthiness Directives; Various addressed the problem by issuing AD No Aircraft Equipped With Rotax Aircraft Examining the AD Docket 107R3 which was superseded by ACG AD A– Engines 912 A Series Engines You may examine the AD docket on 2004–01. the Internet at http:// The present AD supersedes the ACG AD AGENCY: Federal Aviation www.regulations.gov; or in person at the A–2004–01. On one hand, introduction by Administration (FAA), Department of Docket Management Facility between 9 Rotax of an optimized crankcase assembly Transportation (DOT). a.m. and 5 p.m., Monday through has permitted to reduce applicability of the new AD, when based on engines’ serial ACTION: Notice of proposed rulemaking Friday, except Federal holidays. The AD (NPRM). numbers (s/n). On the other hand, docket contains this proposed AD, the applicability is extended for some engines SUMMARY: We propose to adopt a new regulatory evaluation, any comments that may have been fitted with certain airworthiness directive (AD) for the received, and other information. The crankcase s/n, supplied as spare parts. products listed above. This proposed street address for the Docket Office In addition, accomplishment instructions AD results from mandatory continuing (telephone (800) 647–5527) is in the given through the relevant Service Bulletins airworthiness information (MCAI) ADDRESSES section. Comments will be (SB) have been detailed to better locate originated by an aviation authority of available in the AD docket shortly after engine’s areas that are to be scrutinised. another country to identify and correct receipt. The aim of this AD is to ensure that the an unsafe condition on an aviation FOR FURTHER INFORMATION CONTACT: requested engine power is available at any product. The MCAI describes the unsafe Sarjapur Nagarajan, Aerospace Engineer, time to prevent a sudden loss of power that condition as: This Airworthiness FAA, Small Airplane Directorate, 901 could lead to a hazardous situation in a low Directive (AD) results from reports of Locust, Room 301, Kansas City, altitude phase of flight. cracks in the engine crankcase. Austro Missouri 64106; telephone: (816) 329– The MCAI requires inspecting certain Control GmbH (ACG) addressed the 4145; fax: (816) 329–4090; e-mail: crankcases for cracks and replacing the problem by issuing AD No 107R3 which [email protected]. crankcase if cracks are found. was superseded by ACG AD A–2004–01. SUPPLEMENTARY INFORMATION: The present AD supersedes the ACG The MCAI applies to all versions of AD A–2004–01. On one hand, Comments Invited Bombardier-Rotax GmbH 912 A, 912 F, introduction by Rotax of an optimized We invite you to send any written and 912 S series engines. Versions of the crankcase assembly has permitted to relevant data, views, or arguments about 912 F series and 912 S series engines are reduce applicability of the new AD, this proposed AD. Send your comments type certificated in the United States. when based on engines’ serial numbers to an address listed under the However, the Model 912 A series engine (s/n). On the other hand, applicability is ADDRESSES section. Include ‘‘Docket No. installed in various aircraft does not extended for some engines that may FAA–2010–0522; Directorate Identifier have an engine type certificate; instead, have been fitted with certain crankcase 2010–CE–022–AD’’ at the beginning of the engine is part of the aircraft type s/n, supplied as spare parts. your comments. We specifically invite design. You may obtain further In addition, accomplishment comments on the overall regulatory, information by examining the MCAI in instructions given through the relevant economic, environmental, and energy the AD docket. Service Bulletins (SB) have been aspects of this proposed AD. We will Relevant Service Information detailed to better locate engine’s areas consider all comments received by the that are to be scrutinised. closing date and may amend this Rotax Aircraft Engines has issued The proposed AD would require proposed AD because of those Service Bulletin SB–912–029 R3, dated actions that are intended to address the comments. July 11, 2006. The actions described in unsafe condition described in the MCAI. We will post all comments we this service information are intended to DATES: We must receive comments on receive, without change, to http:// correct the unsafe condition identified this proposed AD by July 6, 2010. www.regulations.gov, including any in the MCAI.

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FAA’s Determination and Requirements In addition, we estimate that any 2. Is not a ‘‘significant rule’’ under the of the Proposed AD necessary follow-on actions would take DOT Regulatory Policies and Procedures about 20 work-hours and require parts (44 FR 11034, February 26, 1979); and This product has been approved by costing $6,500, for a cost of $8,200 per 3. Will not have a significant the aviation authority of another economic impact, positive or negative, country, and is approved for operation product. We have no way of on a substantial number of small entities in the United States. Pursuant to our determining the number of products under the criteria of the Regulatory bilateral agreement with this State of that may need these actions. Flexibility Act. Design Authority, they have notified us Authority for This Rulemaking We prepared a regulatory evaluation of the unsafe condition described in the of the estimated costs to comply with MCAI and service information Title 49 of the United States Code this proposed AD and placed it in the referenced above. We are proposing this specifies the FAA’s authority to issue AD docket. AD because we evaluated all rules on aviation safety. Subtitle I, information and determined the unsafe section 106, describes the authority of List of Subjects in 14 CFR Part 39 condition exists and is likely to exist or the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more Air transportation, Aircraft, Aviation develop on other products of the same safety, Incorporation by reference, type design. detail the scope of the Agency’s authority. Safety. Differences Between This Proposed AD The Proposed Amendment and the MCAI or Service Information We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Accordingly, under the authority We have reviewed the MCAI and Part A, Subpart III, Section 44701: delegated to me by the Administrator, related service information and, in General requirements.’’ Under that the FAA proposes to amend 14 CFR part general, agree with their substance. But section, Congress charges the FAA with 39 as follows: we might have found it necessary to use promoting safe flight of civil aircraft in different words from those in the MCAI air commerce by prescribing regulations PART 39—AIRWORTHINESS to ensure the AD is clear for U.S. for practices, methods, and procedures DIRECTIVES operators and is enforceable. In making the Administrator finds necessary for 1. The authority citation for part 39 these changes, we do not intend to differ safety in air commerce. This regulation continues to read as follows: substantively from the information is within the scope of that authority provided in the MCAI and related because it addresses an unsafe condition Authority: 49 U.S.C. 106(g), 40113, 44701. service information. that is likely to exist or develop on § 39.13 [Amended] We might also have proposed products identified in this rulemaking different actions in this AD from those action. 2. The FAA amends § 39.13 by adding in the MCAI in order to follow FAA the following new AD: policies. Any such differences are Regulatory Findings Various Aircraft: Docket No. FAA–2010– highlighted in a NOTE within the We determined that this proposed AD 0522; Directorate Identifier 2010–CE–022– AD. proposed AD. would not have federalism implications Costs of Compliance under Executive Order 13132. This Comments Due Date proposed AD would not have a (a) We must receive comments by July 6, We estimate that this proposed AD substantial direct effect on the States, on 2010. will affect 60 products of U.S. registry. the relationship between the national Affected ADs We also estimate that it would take Government and the States, or on the about 3 work-hours per product to distribution of power and (b) None. comply with the basic requirements of responsibilities among the various Applicability this proposed AD. The average labor levels of government. rate is $85 per work-hour. (c) This AD applies to all serial numbers (S/N) of the following aircraft, equipped with Based on these figures, we estimate For the reasons discussed above, I certify this proposed regulation: a Rotax Aircraft Engines 912 A series engine the cost of the proposed AD on U.S. with a crankcase assembly S/N up to and operators to be $15,300, or $255 per 1. Is not a ‘‘significant regulatory including S/N 27811, certificated in any product. action’’ under Executive Order 12866; category:

Type certificate holder Aircraft model Engine model

Aeromot-Industrial Mecanico Metalurgica tda...... AMT–200 ...... 912 A2 Diamond Aircraft Industries ...... HK 36 R ‘‘SUPER DIMONA’’ ...... 912 A Diamond Aircraft Industries GmbH ...... HK 36 TS ...... 912 A3 HK 36 TC ...... 912 A3 Diamond Aircraft Industries Inc...... DA20–A1 ...... 912 A3 HOAC–Austria ...... DV 20 KATANA ...... 912 A3 Iniziative Industriali Italiane S.p.A...... Sky Arrow 650 TC ...... 912 A2 SCHEIBE-Flugzeugbau GmbH ...... SF 25C ...... 912 A2 or 912 A3

Subject Reason addressed the problem by issuing AD No. (d) Air Transport Association of America (e) The mandatory continuing 107R3 which was superseded by ACG AD A– 2004–01. (ATA) Code 72: Engine. airworthiness information (MCAI) states: This Airworthiness Directive (AD) results The present AD supersedes the ACG AD A–2004–01. On one hand, introduction by from reports of cracks in the engine Rotax of an optimized crankcase assembly crankcase. Austro Control GmbH (ACG) has permitted to reduce applicability of the

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new AD, when based on engines’ serial provisions of the Paperwork Reduction Act DEPARTMENT OF TRANSPORTATION numbers (s/n). On the other hand, (44 U.S.C. 3501 et. seq.), the Office of applicability is extended for some engines Management and Budget (OMB) has Federal Aviation Administration that may have been fitted with certain approved the information collection crankcase s/n, supplied as spare parts. requirements and has assigned OMB Control 14 CFR Part 39 In addition, accomplishment instructions Number 2120–0056. given through the relevant Service Bulletins [Docket No. FAA–2010–0523; Directorate (SB) have been detailed to better locate Special Flight Permit Identifier 2010–CE–018–AD] engine’s areas that are to be scrutinised. The aim of this AD is to ensure that the (h) We are limiting the special flight RIN 2120–AA64 requested engine power is available at any permits for this AD by the following time to prevent a sudden loss of power that conditions if the crankcase is cracked or Airworthiness Directives; Hawker could lead to a hazardous situation in a low there is evidence of oil leakage from the Beechcraft Corporation (Type altitude phase of flight. crankcase: Certificate No. A00010WI Previously The MCAI requires inspecting certain (1) Perform a leak check as follows: Held by Raytheon Aircraft Company) crankcases for cracks and replacing the (i) Clean the crankcase surface to remove Model 390 Airplanes crankcase if cracks are found. any oil. AGENCY: Federal Aviation Actions and Compliance (ii) Warm up the engine to a minimum oil temperature of 50 degrees C (120 degrees F). Administration (FAA), Department of (f) Unless already done, do the following Information about warming up the engine Transportation (DOT). actions: ACTION: Notice of proposed rulemaking (1) Within the next 50 hours time-in- can be found in the applicable line service (TIS) after the effective date of this maintenance manual. (NPRM). AD, inspect the engine crankcase for cracks (iii) Accelerate the engine to full throttle SUMMARY: We propose to adopt a new following Rotax Aircraft Engines Service and stabilize at full throttle speed for a time Bulletin SB–912–029 R3, dated July 11, 2006. period of 5 to 10 seconds. Information about airworthiness directive (AD) for certain Repetitively thereafter do the inspection at performing a full throttle run can be found Hawker Beechcraft Corporation Model each 100-hour, annual, or progressive in the applicable line maintenance manual. 390 airplanes. This proposed AD would inspection or within 110 hours TIS since last (iv) Shutdown after running the engine at require inspecting for installation of inspection, whichever occurs first. idle only long enough to prevent vapor locks certain serial number (S/N) starter (2) If cracks in the engine crankcase are in the cooling system and fuel system. generators and replacing the starter found during any inspection required by (v) Inspect the crankcase for evidence of oil generator if one with an affected serial paragraph (f)(1) of this AD, before further number is found. This proposed AD flight, replace the crankcase following Rotax leakage. Oil wetting is permitted, but oil Aircraft Engines Service Bulletin SB–912– leakage of more than one drip in 3 minutes results from reports that starter 029 R3, dated July 11, 2006. after engine shutdown is not allowed. generators with deficient armature (3) Installing a crankcase that has a S/N (2) Check the crankcase mean pressure to insulating materials may have been 27812 or subsequent terminates the confirm that it is 1.46 pounds-per-square installed on certain airplanes. We are inspection requirements of paragraph (f)(1) of inch gage (psig) (0.1 bar) or higher when proposing this AD to detect and replace this AD. checked at takeoff power to ensure proper starter generators with defective FAA AD Differences return of oil from the crankcase to the oil armature insulating materials. This tank. Information about checking crankcase condition could result in the loss of Note: This AD differs from the MCAI and/ mean pressure is available in the Lubrication operation of one or both starter or service information as follows: No differences. System section of the applicable engine generators with consequent loss of all installation manual. non-battery electrical power. Other FAA AD Provisions (3) A ferry flight is not allowed if oil DATES: We must receive comments on (g) The following provisions also apply to leakage exceeds one drip in 3 minutes or if this proposed AD by July 6, 2010. crankcase mean pressure is below 1.46 psig. this AD: ADDRESSES: Use one of the following (1) Alternative Methods of Compliance Related Information addresses to comment on this proposed (AMOCs): The Manager, Standards Office, AD: FAA, has the authority to approve AMOCs (i) Refer to MCAI EASA AD No.: 2007– • for this AD, if requested using the procedures 0025, dated February 1, 2007; and Rotax Federal eRulemaking Portal: Go to found in 14 CFR 39.19. Send information to Aircraft Engines Service Bulletin SB–912– http://www.regulations.gov. Follow the ATTN: Sarjapur Nagarajan, Aerospace 029 R3, dated July 11, 2006, for related instructions for submitting comments. • Engineer, FAA, Small Airplane Directorate, information. Contact BRP–Powertrain GMBH Fax: (202) 493–2251. 901 Locust, Room 301, Kansas City, Missouri • & Co KG, Welser Strasse 32, A–4623 Mail: U.S. Department of 64106; telephone: (816) 329–4145; fax: (816) Gunskirchen, Austria; phone: (+43) (0) 7246 Transportation, Docket Operations, M– 329–4090; e-mail: 601–0; fax: (+43) (0) 7246 6370; Internet: 30, West Building Ground Floor, Room [email protected]. Before using any W12–140, 1200 New Jersey Avenue, SE., approved AMOC on any airplane to which http://www.rotax.com, for a copy of this service information. Washington, DC 20590. the AMOC applies, notify your appropriate • principal inspector (PI) in the FAA Flight Hand Delivery: U.S. Department of Issued in Kansas City, Missouri, on May Transportation, Docket Operations, M– Standards District Office (FSDO), or lacking 14, 2010. a PI, your local FSDO. 30, West Building Ground Floor, Room (2) Airworthy Product: For any requirement Kim Smith, W12–140, 1200 New Jersey Avenue, SE., in this AD to obtain corrective actions from Manager, Small Airplane Directorate, Aircraft Washington, DC 20590, between 9 a.m. a manufacturer or other source, use these Certification Service. and 5 p.m., Monday through Friday, actions if they are FAA-approved. Corrective [FR Doc. 2010–12298 Filed 5–20–10; 8:45 am] except Federal holidays. actions are considered FAA-approved if they For service information identified in are approved by the State of Design Authority BILLING CODE 4910–13–P (or their delegated agent). You are required this proposed AD, contact Hawker to assure the product is airworthy before it Beechcraft Corporation, 9709 East is returned to service. Central, Wichita, Kansas 67201; (3) Reporting Requirements: For any telephone: (316) 676–5034; fax: (316) reporting requirement in this AD, under the 676–6614; Internet: https://

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www.hawkerbeechcraft.com/ We will post all comments we Service Bulletin—Number: 2009–0414, service_support/pubs/. receive, without change, to http:// dated April 2009. www.regulations.gov, including any The service information describes FOR FURTHER INFORMATION CONTACT: personal information you provide. We procedures for: Kevin Schwemmer, Aerospace Engineer, will also post a report summarizing each • Inspection for starter generators FAA, Wichita Aircraft Certification substantive verbal contact we receive with serial numbers that may have the Office, 1801 Airport Road, Room 100, concerning this proposed AD. deficient armature materials; and Wichita, Kansas 67209; telephone: (316) • Removal and replacement of starter Discussion 946–4174; fax: (316) 946–4107; e-mail: generators with the affected serial [email protected]. We have received reports that certain numbers. SUPPLEMENTARY INFORMATION: serial number starter generators with FAA’s Determination and Requirements deficient armature insulating materials of the Proposed AD Comments Invited may have been installed on Hawker We are proposing this AD because we We invite you to send any written Beechcraft Corporation Model 390 airplanes. Starter generators with evaluated all information and relevant data, views, or arguments determined the unsafe condition regarding this proposed AD. Send your deficient armature fabrication may result in loss of operation of one or both described previously is likely to exist or comments to an address listed under the starter generators in flight. develop on other products of the same ADDRESSES section. Include the docket type design. This proposed AD would number, ‘‘FAA–2010–0523; Directorate This condition could result in the loss require an inspection for suspect starter Identifier 2010–CE–018–AD’’ at the of operation of one or both starter generators and their replacement if beginning of your comments. We generators with consequent loss of all found. specifically invite comments on the non-battery electrical power. Costs of Compliance overall regulatory, economic, Relevant Service Information environmental, and energy aspects of We estimate that this proposed AD the proposed AD. We will consider all We have reviewed Hawker Beechcraft would affect 213 airplanes in the U.S. comments received by the closing date Mandatory Service Bulletin SB 24–3963, registry. and may amend the proposed AD in issued May 2009, and AMETEK We estimate the following costs to do light of those comments. Advanced Industries, Inc. Mandatory the proposed inspection:

Total cost per Total cost on U.S. Labor cost Parts cost airplane operators

.5 work-hour × $85 per hour = $42.50 ...... Not applicable ...... $42.50 $9,052.50

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

Total cost per Labor cost Parts cost airplane

10 work-hours (5 work-hours per side) × $85 per hour = $850 ...... $4,069 per side = $8,138 ...... $8,988

Authority for This Rulemaking safety in air commerce. This regulation For the reasons discussed above, I Title 49 of the United States Code is within the scope of that authority certify that the proposed regulation: specifies the FAA’s authority to issue because it addresses an unsafe condition 1. Is not a ‘‘significant regulatory rules on aviation safety. Subtitle I, that is likely to exist or develop on action’’ under Executive Order 12866; Section 106, describes the authority of products identified in this rulemaking action. 2. Is not a ‘‘significant rule’’ under the the FAA Administrator. Subtitle VII, DOT Regulatory Policies and Procedures Aviation Programs, describes in more Regulatory Findings (44 FR 11034, February 26, 1979); and detail the scope of the Agency’s We have determined that this authority. 3. Will not have a significant proposed AD would not have federalism We are issuing this rulemaking under economic impact, positive or negative, implications under Executive Order the authority described in Subtitle VII, on a substantial number of small entities 13132. This proposed AD would not Part A, Subpart III, Section 44701, under the criteria of the Regulatory have a substantial direct effect on the ‘‘General requirements.’’ Under that Flexibility Act. States, on the relationship between the section, Congress charges the FAA with We prepared a regulatory evaluation national Government and the States, or promoting safe flight of civil aircraft in on the distribution of power and of the estimated costs to comply with air commerce by prescribing regulations responsibilities among the various this proposed AD and placed it in the for practices, methods, and procedures levels of government. AD docket. the Administrator finds necessary for

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Examining the AD Docket the FAA proposes to amend 14 CFR part Applicability 39 as follows: (c) This AD applies to Model 390 airplanes, You may examine the AD docket that serial numbers RB–4 through RB–257, RB– contains the proposed AD, the PART 39—AIRWORTHINESS 259 through RB–265, RB–268, and RB–269, regulatory evaluation, any comments DIRECTIVES that are certificated in any category. received, and other information on the Internet at http://www.regulations.gov; 1. The authority citation for part 39 Subject continues to read as follows: or in person at the Docket Management (d) Air Transport Association of America Facility between 9 a.m. and 5 p.m., Authority: 49 U.S.C. 106(g), 40113, 44701. (ATA) Code 24: Electric Power. Monday through Friday, except Federal § 39.13 [Amended] holidays. The Docket Office (telephone Unsafe Condition (800) 647–5527) is located at the street 2. The FAA amends § 39.13 by adding (e) This AD results from reports that starter address stated in the ADDRESSES section. the following new AD: generators with deficient armature insulating Comments will be available in the AD Hawker Beechcraft Corporation (Type materials may have been installed on certain docket shortly after receipt. Certificate No. A00010WI Previously airplanes. We are issuing this AD to detect Held By Raytheon Aircraft Company): and replace starter generators with deficient List of Subjects in 14 CFR Part 39 Docket No. FAA–2010–0523; Directorate armature insulating materials. This condition Identifier 2010–CE–018–AD. Air transportation, Aircraft, Aviation could result in the loss of operation of one safety, Incorporation by reference, Comments Due Date or both starter generators with consequent Safety. (a) We must receive comments on this loss of all non-battery electrical power. airworthiness directive (AD) action by July 6, Compliance The Proposed Amendment 2010. (f) To address this problem, you must do Accordingly, under the authority Affected ADs the following, unless already done: delegated to me by the Administrator, (b) None.

Actions Compliance Procedures

(1) Inspect both starter generators for a starter Within the next 25 hours time-in-service (TIS) Follow Hawker Beechcraft Mandatory Service generator with an affected serial number. after the effective date of this AD. Bulletin SB 24–3963, dated May 2009; and AMETEK Advanced Industries, Inc. Manda- tory Service Bulletin—Number: 2009–0414, dated April 2009. (2) If only one suspect starter generator with an Replace the starter generator at whichever of Follow Hawker Beechcraft Mandatory Service affected serial number is found on the air- the following times occurs first after the in- Bulletin SB 24–3963, dated May 2009; and plane during the inspection required in para- spection where the affected starter gener- AMETEK Advanced Industries, Inc. Manda- graph (f)(1) of this AD, replace the starter ator is found: tory Service Bulletin—Number: 2009–0414, generator. (i) Within the next 200 hours TIS; dated April 2009. (ii) The next scheduled inspection; or (iii) Within the next 6 months. (3) If two starter generators with an affected se- Replace one starter generator within the next Follow Hawker Beechcraft Mandatory Service rial number are found during the inspection 25 hours TIS after the inspection where the Bulletin SB 24–3963, dated May 2009; and required in paragraph (f)(1) of this AD, re- affected starter generator was found. Re- AMETEK Advanced Industries, Inc. Manda- place both starter generators. place the second starter generator at tory Service Bulletin—Number: 2009–0414, whichever of the following times occurs first dated April 2009. after the inspection where the affected starter generator is found: (A) Within the next 200 hours TIS; (B) The next scheduled inspection; or (C) Within the next 6 months. (4) Use the form (Figure 1 of this AD) to report Within 10 days after the inspection required in Send the report to the FAA at the address the results of the inspections required in paragraph (f)(1) of this AD. specified in paragraph (g) of this AD. paragraph (f)(1) of this AD. The Office of Management and Budget (OMB) approved the information collection requirements contained in this regulation under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and assigned OMB Control Number 2120-0056.

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FAA–2010–0523 Inspection Report (If the inspection required in paragraph (f)(1) of this AD was done before the effective date of this AD, this report does not need to be completed and returned to the Wichita ACO)

Airplane Model

Airplane Serial Number

Airplane Tachometer Hours at Time of Inspection

Right Hand Starter Generator serial number

Left Hand Starter Generator serial number

Does the RH Starter Generator fall within the suspect lot? No If yes, replace and document replacement starter generator serial number.

Does the LH Starter Generator fall within the suspect lot? No If yes, replace and document replacement starter generator serial number.

If both Starter Generators serial numbers fell within the suspect No If yes, describe and document which starter generator needs to lot, was only one Starter Generator replaced? be replaced.

Were any other discrepancies noticed during the inspection?

Send report to: Kevin Schwemmer, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, KS 67209. fax: (316) 946-4107. e-mail: [email protected].

Figure 1

Alternative Methods of Compliance ENVIRONMENTAL PROTECTION OAR–2010–0430, by one of the (AMOCs) AGENCY following methods: (g) The Manager, Wichita Aircraft 1. Federal eRulemaking Portal: Certification Office (ACO), FAA, has the 40 CFR Part 52 www.regulations.gov. Follow the online authority to approve AMOCs for this AD, if instructions. requested using the procedures found in 14 [EPA–R09–OAR–2010–0430; FRL–9154–1] 2. E-mail: [email protected]. CFR 39.19. Send information to ATTN: Kevin 3. Mail or Deliver: Andrew Steckel Schwemmer, Aerospace Engineer, FAA, Revisions to the California State (Air–4), U.S. Environmental Protection Wichita ACO, 1801 Airport Road, Room 100, Implementation Plan, San Joaquin Agency Region IX, 75 Hawthorne Street, Wichita, Kansas 67209; telephone: (316) 946– Valley Unified Air Pollution Control San Francisco, CA 94105–3901. 4174; fax: (316) 946–4107; e-mail: District Instructions: All comments will be [email protected]. Before using any included in the public docket without approved AMOC on any airplane to which AGENCY: Environmental Protection change and may be made available the AMOC applies, notify your appropriate Agency (EPA). online at http://www.regulations.gov, principal inspector (PI) in the FAA Flight ACTION: Proposed rule. including any personal information Standards District Office (FSDO), or lacking provided, unless the comment includes a PI, your local FSDO. SUMMARY: EPA is proposing to approve Confidential Business Information (CBI) revisions to the San Joaquin Valley or other information whose disclosure is Related Information Unified Air Pollution Control District restricted by statute. Information that (h) To get copies of the service information (SJVUAPCD) portion of the California you consider CBI or otherwise protected referenced in this AD, contact Hawker State Implementation Plan (SIP). These should be clearly identified as such and Beechcraft Corporation, 9709 East Central, revisions concern oxides of nitrogen should not be submitted through Wichita, Kansas 67201; telephone: (316) 676– (NOX) and particulate matter (PM) http://www.regulations.gov or e-mail. 5034; fax: (316) 676–6614; Internet: https:// emissions primarily from indirect http://www.regulations.gov is an www.hawkerbeechcraft.com/service_support/ sources associated with new ‘‘anonymous access’’ system, and EPA pubs/. To view the AD docket, go to U.S. development projects as well as NOX will not know your identity or contact Department of Transportation, Docket and PM emissions from certain information unless you provide it in the Operations, M–30, West Building Ground transportation and transit projects. We body of your comment. If you send e- Floor, Room W12–140, 1200 New Jersey are approving a local rule that regulates mail directly to EPA, your e-mail Avenue, SE., Washington, DC 20590, or on these emission sources under the Clean address will be automatically captured the Internet at http://www.regulations.gov. Air Act as amended in 1990 (CAA or the and included as part of the public Issued in Kansas City, Missouri, on Act). We are taking comments on this comment. If EPA cannot read your May 14, 2010. proposal and plan to follow with a final comment due to technical difficulties action. and cannot contact you for clarification, Kim Smith, EPA may not be able to consider your Manager, Small Airplane Directorate, Aircraft DATES: Any comments must arrive by comment. Certification Service. July 6, 2010. Docket: The index to the docket for [FR Doc. 2010–12300 Filed 5–20–10; 8:45 am] ADDRESSES: Submit comments, this action is available electronically at BILLING CODE 4910–13–P identified by docket number EPA–R09– http://www.regulations.gov and in hard

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copy at EPA Region IX, 75 Hawthorne FOR FURTHER INFORMATION CONTACT: Lily B. Does the rule meet the evaluation Street, San Francisco, California. While Wong, EPA Region IX, (415) 947–4114, criteria? all documents in the docket are listed in [email protected]. C. What action is EPA proposing and why? D. EPA Recommendations to Address the index, some information may be SUPPLEMENTARY INFORMATION: Deficiencies publicly available only at the hard copy Throughout this document, ‘‘we,’’ ‘‘us’’ E. Public Comment and Final Action location (e.g., copyrighted material), and and ‘‘our’’ refer to EPA. III. Statutory and Executive Order Reviews some may not be publicly available in I. The State’s Submittal either location (e.g., CBI). To inspect the Table of Contents hard copy materials, please schedule an I. The State’s Submittal A. What rule did the state submit? A. What rule did the State submit? appointment during normal business Table 1 lists the rule addressed by this hours with the contact listed in the FOR B. Are there other versions of this rule? C. What is the purpose of the submitted proposal with the dates that it was FURTHER INFORMATION CONTACT section. rule? adopted by the local air agency and II. EPA’s Evaluation and Action submitted by the California Air A. How is EPA evaluating the rule? Resources Board.

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted

SJVUAPCD ...... 9510 Indirect Source Review (ISR) ...... 12/15/05 12/29/06

On June 29, 2007, the submittal for achieved through any number of on-site Deficiencies,’’ EPA Region 9, August 21, SJVUAPCD Rule 9510 was deemed by measures implemented by the applicant 2001 (the Little Bluebook). operation of law to meet the or by paying a fee to SJVUAPCD for all 4. ‘‘Improving Air Quality with completeness criteria in 40 CFR part 51 emissions in excess of the requirements. Economic Incentive Programs,’’ EPA– appendix V, which must be met before SJVUAPCD would utilize the fees to 452/R–01–001, January 2001. formal EPA review. fund off-site projects to reduce NO and X B. Does the rule meet the evaluation PM emissions. B. Are there other versions of this rule? criteria? Rule 9510 requires the submittal and There are no previous versions of approval of an application which EPA believes that California and Rule 9510 in the SIP. identifies, through the use of a computer SJVUAPCD have demonstrated that they have adequate personnel, funding, and C. What is the purpose of the submitted model, the projected air impacts of the authority to carry out the overall SIP. rule? development project and on-site mitigation measures, and the amount of EPA is aware of ongoing legal challenge NOX helps produce ground-level fees to be paid. EPA’s technical support by the National Association of Home ozone, smog and particulate matter, document (TSD) has more information Builders (NAHB) to SJVUAPCD’s legal which harm human health and the about this rule. authority to implement Rule 9510. (See environment. PM contributes to effects National Association of Home Builders that are harmful to human health and II. EPA’s Evaluation and Action v. San Joaquin Valley Unified Air the environment, including premature A. How is EPA evaluating the rule? Pollution Control District, No. 08–17309 mortality, aggravation of respiratory and (9th Circuit)). In that case, NAHB asserts cardiovascular disease, decreased lung The CAA (see section 110(a)(2)(E)) that the SJVUAPCD, through Rule 9510, function, visibility impairment, and requires the State and responsible local is attempting to establish and enforce an damage to vegetation and ecosystems. agencies (e.g., SJVUAPCD) to have emissions standard for new nonroad Section 110(a) of the CAA requires adequate personnel, funding, and engines without first having received a States to submit regulations that control authority to carry out the SIP, including waiver as required by CAA section 209, NOX and PM emissions. Rule 9510. 42 U.S.C. 7543. Based on the Rule 9510 establishes limitations on SIP rules must be enforceable (see information before EPA for Rule 9510, NOX and PM. Development projects section 110(a) of the Act) and must not we believe that the SJVUAPCD has the indirectly result in new emissions from relax existing requirements (see sections authority to adopt and implement Rule mobile, stationary, and area sources, 110(l) and 193 of the Act). Guidance and 9510 without such a waiver. The TSD including those from new vehicle trips, policy documents that we use to has more information on this issue. fuel combustion from stationary and evaluate enforceability consistently We believe this rule is consistent with area sources, use of consumer products, include the following: the relevant requirements, policy and landscaping maintenance, and 1. ‘‘State Implementation Plans; guidance regarding SIP relaxations since construction activities. The purpose of Nitrogen Oxides Supplement to the this rule does not replace any SIP rule. Rule 9510 is to achieve emission General Preamble; Clean Air Act However, we believe this rule is not reductions from new development Amendments of 1990 Implementation of consistent with the relevant projects, as well as transportation and Title I; Proposed Rule,’’ (the NOX requirements, policy and guidance on transit projects where construction Supplement), 57 FR 55620, November enforceability. The TSD has more exhaust emissions are equal to or greater 25, 1992. information on this issue. than 2 tons of NOX or 2 tons of PM10. 2. ‘‘Issues Relating to VOC Regulation Rule 9510 requires applicants of new Cutpoints, Deficiencies, and C. What action is EPA Proposing and development projects to reduce Deviations,’’ EPA, May 25, 1988 (the why? construction equipment emissions and Bluebook). While Rule 9510 does not meet the operational emissions by a specified 3. ‘‘Guidance Document for Correcting evaluation criteria for enforceability, percentage. The reductions can be Common VOC & Other Rule EPA is proposing to fully approve the

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rule because it is directionally sound in the Unfunded Mandates Reform Act SUMMARY: Comments are requested on and would generally strengthen the SIP. of 1995 (Pub. L. 104–4); the proposed Base (1% annual-chance) Rule 9510 is an important effort by • Does not have Federalism Flood Elevations (BFEs) and proposed SJVUAPCD to reduce NOX and PM implications as specified in Executive BFE modifications for the communities emissions from a sector that has not Order 13132 (64 FR 43255, August 10, listed in the table below. The purpose been generally regulated and could also 1999); of this notice is to seek general result in significant co-benefits by • Is not an economically significant information and comment regarding the reducing emissions of green house regulatory action based on health or proposed regulatory flood elevations for gases. For these reasons, EPA safety risks subject to Executive Order the reach described by the downstream recommends full SIP approval, but in 13045 (62 FR 19885, April 23, 1997); and upstream locations in the table light of the deficiencies also • Is not a significant regulatory action below. The BFEs and modified BFEs are recommends that the projected emission subject to Executive Order 13211 (66 FR a part of the floodplain management reductions from the rule should not be 28355, May 22, 2001); measures that the community is credited in any attainment and rate of • Is not subject to requirements of required either to adopt or to show progress/reasonable further progress Section 12(d) of the National evidence of having in effect in order to demonstrations. The TSD has more Technology Transfer and Advancement qualify or remain qualified for information on this recommendation. Act of 1995 (15 U.S.C. 272 note) because participation in the National Flood application of those requirements would Insurance Program (NFIP). In addition, D. EPA Recommendations to Address be inconsistent with the Clean Air Act; these elevations, once finalized, will be Deficiencies and used by insurance agents and others to EPA recommendations on how to • Does not provide EPA with the calculate appropriate flood insurance address the enforceability deficiencies discretionary authority to address, as premium rates for new buildings and are described in the TSD. appropriate, disproportionate human the contents in those buildings. health or environmental effects, using DATES: E. Public Comment and Final Action Comments are to be submitted practicable and legally permissible on or before August 19, 2010. EPA is proposing to fully approve it methods, under Executive Order 12898 ADDRESSES: The corresponding as described in section 110(k)(3) of the (59 FR 7629, February 16, 1994). preliminary Flood Insurance Rate Map Act. We will accept comments from the In addition, this rule does not have (FIRM) for the proposed BFEs for each public on this proposal for the next 45 tribal implications as specified by community is available for inspection at days. Unless we receive convincing new Executive Order 13175 (65 FR 67249, the community’s map repository. The information during the comment period, November 9, 2000), because the SIP is respective addresses are listed in the we intend to publish a final approval not approved to apply in Indian country table below. action that will incorporate this rule located in the State, and EPA notes that You may submit comments, identified into the federally enforceable SIP. it will not impose substantial direct by Docket No. FEMA–B–1095, to Kevin III. Statutory and Executive Order costs on tribal governments or preempt C. Long, Acting Chief, Engineering Reviews tribal law. Management Branch, Mitigation Directorate, Federal Emergency Under the Clean Air Act, the List of Subjects in 40 CFR Part 52 Management Agency, 500 C Street, SW., Administrator is required to approve a Environmental protection, Air Washington, DC 20472, (202) 646–2820, SIP submission that complies with the pollution control, Intergovernmental or (e-mail) [email protected]. provisions of the Act and applicable relations, Nitrogen dioxide, Ozone, FOR FURTHER INFORMATION CONTACT: Federal regulations. 42 U.S.C. 7410(k); Particulate matter, Reporting and Kevin C. Long, Acting Chief, 40 CFR 52.02(a). Thus, in reviewing SIP recordkeeping requirements. Engineering Management Branch, submissions, EPA’s role is to approve Mitigation Directorate, Federal State choices, provided that they meet Authority: 42 U.S.C. 7401 et seq. Emergency Management Agency, 500 C the criteria of the Clean Air Act. Dated: May 10, 2010. Street, SW., Washington, DC 20472, Accordingly, this action merely Jared Blumenfeld, (202) 646–2820, or (e-mail) approves State law as meeting Federal Regional Administrator, Region IX. [email protected]. requirements and does not impose [FR Doc. 2010–12281 Filed 5–20–10; 8:45 am] additional requirements beyond those SUPPLEMENTARY INFORMATION: The BILLING CODE 6560–50–P imposed by State law. For that reason, Federal Emergency Management Agency this action: (FEMA) proposes to make • Is not a ‘‘significant regulatory determinations of BFEs and modified DEPARTMENT OF HOMELAND action’’ subject to review by the Office BFEs for each community listed below, SECURITY of Management and Budget under in accordance with section 110 of the Flood Disaster Protection Act of 1973, Executive Order 12866 (58 FR 51735, Federal Emergency Management 42 U.S.C. 4104, and 44 CFR 67.4(a). October 4, 1993); Agency • Does not impose an information These proposed BFEs and modified BFEs, together with the floodplain collection burden under the provisions 44 CFR Part 67 of the Paperwork Reduction Act (44 management criteria required by 44 CFR U.S.C. 3501 et seq.); [Docket ID FEMA–2010–0003; Internal 60.3, are the minimum that are required. • Is certified as not having a Agency Docket No. FEMA–B–1095] They should not be construed to mean significant economic impact on a that the community must change any substantial number of small entities Proposed Flood Elevation existing ordinances that are more under the Regulatory Flexibility Act (5 Determinations stringent in their floodplain U.S.C. 601 et seq.); AGENCY: Federal Emergency management requirements. The • Does not contain any unfunded Management Agency, DHS. community may at any time enact mandate or significantly or uniquely stricter requirements of its own or ACTION: Proposed rule. affect small governments, as described pursuant to policies established by other

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Federal, State, or regional entities. impact assessment has not been List of Subjects in 44 CFR Part 67 These proposed elevations are used to prepared. Administrative practice and meet the floodplain management Regulatory Flexibility Act. As flood procedure, Flood insurance, Reporting requirements of the NFIP and also are elevation determinations are not within and recordkeeping requirements. used to calculate the appropriate flood the scope of the Regulatory Flexibility insurance premium rates for new Act, 5 U.S.C. 601–612, a regulatory Accordingly, 44 CFR part 67 is buildings built after these elevations are flexibility analysis is not required. proposed to be amended as follows: Executive Order 12866, Regulatory made final, and for the contents in those PART 67—[AMENDED] buildings. Planning and Review. This proposed rule is not a significant regulatory action Comments on any aspect of the Flood 1. The authority citation for part 67 under the criteria of section 3(f) of Insurance Study and FIRM, other than continues to read as follows: Executive Order 12866, as amended. the proposed BFEs, will be considered. Authority: 42 U.S.C. 4001 et seq.; Executive Order 13132, Federalism. Reorganization Plan No. 3 of 1978, 3 CFR, A letter acknowledging receipt of any This proposed rule involves no policies comments will not be sent. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, that have federalism implications under 3 CFR, 1979 Comp., p. 376. National Environmental Policy Act. Executive Order 13132. This proposed rule is categorically Executive Order 12988, Civil Justice § 67.4 [Amended] excluded from the requirements of 44 Reform. This proposed rule meets the 2. The tables published under the CFR part 10, Environmental applicable standards of Executive Order authority of § 67.4 are proposed to be Consideration. An environmental 12988. amended as follows:

* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ground Communities affected ∧ Elevation in meters (MSL) Effective Modified

Muhlenberg County, Kentucky, and Incorporated Areas

Brier Creek (Backwater ef- From the confluence with the Pond River to approxi- None +389 Unincorporated Areas of fects from Green River). mately 1,390 feet downstream of Phillips Town Muhlenberg County. Road. Caney Creek ...... Approximately 0.5 mile upstream of North Main Street None +413 City of Greenville, Unincor- porated Areas of Muh- lenberg County. At the confluence with Caney Creek Tributary 27 ...... None +423 Caney Creek Tributary 27.1 From the confluence with Caney Creek to approxi- None +424 City of Greenville, Unincor- (Backwater effects from mately 0.7 mile upstream of the confluence with porated Areas of Muh- Caney Creek). Caney Creek. lenberg County. Caney Creek Tributary 31 From the confluence with Caney Creek to approxi- None +413 Unincorporated Areas of (Backwater effects from mately 0.6 mile upstream of the confluence with Muhlenberg County. Caney Creek). Caney Creek. Canfield Branch (Backwater From the confluence with the Mud River to approxi- None +404 Unincorporated Areas of effects from Green River). mately 340 feet upstream of Forest Oak Church Muhlenberg County. Road. Cypress Creek (Backwater From approximately 0.6 mile downstream of KY–175 None +393 Unincorporated Areas of effects from Green River). to approximately 0.7 mile upstream of KY–81. Muhlenberg County. Cypress Creek Tributary 1 From the confluence with Cypress Creek to approxi- None +393 Unincorporated Areas of (Backwater effects from mately 0.8 mile upstream of Coffman Schoolhouse Muhlenberg County. Green River). Road. Green River ...... Approximately 2.6 miles upstream of CSX Railroad .... +394 +393 Unincorporated Areas of Muhlenberg County. At the confluence with the Mud River ...... +403 +404 Irwin Creek (Backwater ef- From the confluence with Isaacs Creek to approxi- None +389 Unincorporated Areas of fects from Green River). mately 2,000 feet upstream of the confluence with Muhlenberg County. Isaacs Creek. Isaacs Creek (Backwater ef- From the confluence with the Green River to approxi- None +389 Unincorporated Areas of fects from Green River). mately 1,035 feet upstream of the confluence with Muhlenberg County. Irwin Creek. Jacobs Creek (Backwater ef- From the confluence with the Green River to approxi- None +402 Unincorporated Areas of fects from Green River). mately 2.0 miles upstream of Riverside Road. Muhlenberg County. Jacobs Creek Tributary 7 From the confluence with Jacobs Creek to approxi- None +402 Unincorporated Areas of (Backwater effects from mately 370 feet upstream of Riverside Road. Muhlenberg County. Green River). Little Cypress Creek ...... Approximately 190 feet upstream of West Whitmer None +405 City of Central City, Unin- Street. corporated Areas of Muhlenberg County. Just upstream of Front Street ...... None +408 Little Cypress Creek Tribu- From the confluence with Little Cypress Creek to ap- None +405 City of Central City, Unin- tary 16 (Backwater effects proximately 2,507 feet upstream of the confluence corporated Areas of from Little Cypress Creek). with Little Cypress Creek. Muhlenberg County.

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Little Cypress Creek Tribu- From the confluence with Little Cypress Creek to ap- None +422 Unincorporated Areas of tary 8 (Backwater effects proximately 1,100 feet upstream of the confluence Muhlenberg County. from Little Cypress Creek). with Little Cypress Creek. Log Creek (Backwater effects From the confluence with the Pond River to approxi- None +389 Unincorporated Areas of from Green River). mately 3,900 feet upstream of Millport Sacramento Muhlenberg County. Road. Mud River (Backwater effects From the confluence with the Green River to approxi- None +404 Unincorporated Areas of from Green River). mately 535 feet upstream of the confluence with Muhlenberg County. Canfield Branch. Muddy Fork (Backwater ef- From the confluence with Cypress Creek to approxi- None +393 Unincorporated Areas of fects from Green River). mately 0.8 mile upstream of the confluence with Muhlenberg County. Cypress Creek. Nelson Creek (Backwater ef- From the confluence with the Green River to approxi- None +398 Unincorporated Areas of fects from Green River). mately 0.4 mile upstream of Green River Haul Muhlenberg County. Road. Opossum Run (Backwater ef- From the confluence with Sandlick Creek to approxi- None +430 Unincorporated Areas of fects from Sandlick Creek). mately 1,175 feet upstream of Opossum Lane. Muhlenberg County. Plum Creek (Backwater ef- From the confluence with Pond Creek to approxi- None +401 City of Drakesboro, Unin- fects from Green River). mately 300 feet downstream of the confluence with corporated Areas of Plum Creek Tributary 4. Muhlenberg County. Plum Creek Tributary 5 From the confluence with Plum Creek to approxi- None +401 Unincorporated Areas of (Backwater effects from mately 0.65 mile upstream of the confluence with Muhlenberg County. Green River). Plum Creek. Pond Creek (Backwater ef- From the confluence with the Green River to approxi- None +401 Unincorporated Areas of fects from Green River). mately 1,280 feet upstream of I–431. Muhlenberg County. Pond Creek (Backwater ef- From the confluence with Sandlick Creek to just +422 +421 Unincorporated Areas of fects from Sandlick Creek). downstream of Johnson Road. Muhlenberg County. Pond Creek Tributary 29 From the confluence with Pond Creek to approxi- None +401 Unincorporated Areas of (Backwater effects from mately 1,000 feet upstream of KY–2107. Muhlenberg County. Green River). Pond Creek Tributary 30 From the confluence with Pond Creek to approxi- None +401 Unincorporated Areas of (Backwater effects from mately 1.4 mile upstream of the confluence with Muhlenberg County. Green River). Pond Creek. Pond River (Backwater ef- From the confluence with the Green River to approxi- None +389 Unincorporated Areas of fects from Green River). mately 1.0 mile upstream of KY–70. Muhlenberg County. Sandlick Creek Tributary 2 From the confluence with Sandlick Creek to approxi- None +449 Unincorporated Areas of (Backwater effects from mately 1,600 feet upstream of the confluence with Muhlenberg County. Sandlick Creek). Sandlick Creek.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Central City Maps are available for inspection at City Hall, 214 North 1st Street, Central City, KY 42330. City of Drakesboro Maps are available for inspection at City Hall, 212 West Mose Rager Boulevard, Drakesboro, KY 42337. City of Greenville Maps are available for inspection at City Hall, 118 Court Street, Greenville, KY 42345.

Ohio County, Kentucky, and Incorporated Areas

Adams Fork Tributary 22 From the confluence with Adams Fork to approxi- None +417 Unincorporated Areas of (Backwater effects from mately 785 feet upstream of Cross Hill Road. Ohio County. Rough River). Bartnett Creek (Backwater From the confluence with the Rough River to approxi- None +392 Unincorporated Areas of effects from Green River). mately 0.7 mile upstream of the confluence with Ohio County. North Fork Bartnett Creek. Bull Run (Backwater effects From the confluence with Thoroughfare Stream to ap- None +405 Unincorporated Areas of from Green River). proximately 0.61 mile downstream of Cool Springs Ohio County. Road.

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Caney Creek (Backwater ef- From the confluence with the Rough River to approxi- None +425 Unincorporated Areas of fects from Rough River). mately 1,700 feet downstream of KY–878. Ohio County. East Fork Williams Creek From the confluence with Williams Creek to approxi- None +399 Unincorporated Areas of (Backwater effects from mately 0.94 mile upstream of the confluence with Ohio County. Green River). Williams Creek. Green River ...... At Western Kentucky Parkway ...... +400 +401 Town of Rockport, Unin- corporated Areas of Ohio County. Approximately 3.2 miles upstream of the confluence +414 +412 with Green River Tributary 5. Huff Creek (Backwater ef- From the confluence with the Rough River to approxi- None +425 Unincorporated Areas of fects from Rough River). mately 0.9 mile upstream of Abandoned Illinois Ohio County. Central Railroad. Huff Creek Tributary 5 (Back- From the confluence with Huff Creek to approximately None +425 Unincorporated Areas of water effects from Rough 1,380 feet upstream of the confluence with Huff Ohio County. River). Creek. Lewis Creek (Backwater ef- From the confluence with the Green River to approxi- None +400 Unincorporated Areas of fects from Green River). mately 1,015 feet downstream of KY–1245. Ohio County. Mill Creek 1 (Backwater ef- From the confluence with the Rough River to approxi- None +399 Unincorporated Areas of fects from Rough River). mately 700 feet upstream of KY–69. Ohio County. Morrison Run (Backwater ef- From the confluence with the Rough River to approxi- None +399 Unincorporated Areas of fects from Rough River). mately 140 feet upstream of Utley Drive. Ohio County. Muddy Creek (Backwater ef- From the confluence with the Rough River to approxi- None +394 Unincorporated Areas of fects from Green River). mately 460 feet upstream of North Main Street. Ohio County. No Creek (Backwater effects From the confluence with the Rough River to approxi- None +392 Unincorporated Areas of from Green River). mately 1,815 feet upstream of KY–136. Ohio County. North Fork Bartnett Creek From the confluence with Bartnett Creek to approxi- None +392 City of Hartford, Unincor- (Backwater effects from mately 0.65 foot upstream of the confluence with porated Areas of Ohio Green River). Bartnett Creek. County. North Fork Muddy Creek From the confluence with Muddy Creek to approxi- None +394 City of Hartford, Unincor- (Backwater effects from mately 1.7 mile upstream of the confluence with porated Areas of Ohio Green River). Muddy Creek. County. Pond Run 1 (Backwater ef- From the confluence with the Green River to just up- None +402 Unincorporated Areas of fects from Green River). stream of Ken Mine Road. Ohio County. Pond Run (Backwater effects From the confluence with the Rough River to approxi- None +440 Unincorporated Areas of from Rough River). mately 1.4 mile upstream of the confluence with the Ohio County. Rough River. Render Creek (Backwater ef- From the confluence with Lewis Creek to approxi- None +400 Unincorporated Areas of fects from Green River). mately 0.8 mile upstream of the confluence with Ohio County. Lewis Creek. Slaty Creek (Backwater ef- From the confluence with Thoroughfare Stream to ap- None +411 Unincorporated Areas of fects from Green River). proximately 2,520 feet downstream of Barnes Road. Ohio County. Slovers Creek (Backwater ef- From the confluence with the Rough River to approxi- None +408 Unincorporated Areas of fects from Rough River). mately 666 feet downstream of KY–1414. Ohio County. Slovers Creek Tributary 4 From the confluence with Slovers Creek to approxi- None +409 Unincorporated Areas of (Backwater effects from mately 0.7 mile upstream of the confluence with Ohio County. Rough River). Slovers Creek. Southards Creek (Backwater From the confluence with Lewis Creek to approxi- None +400 Unincorporated Areas of effects from Green River). mately 2,150 feet upstream of U.S. Route 62. Ohio County. Spur Creek (Backwater ef- From the confluence with the Green River to approxi- None +403 Unincorporated Areas of fects from Green River). mately 3.5 miles upstream of the confluence with Ohio County. the Green River. Thoroughfare Stream Tribu- From the confluence with Thoroughfare Stream to ap- None +405 Unincorporated Areas of tary 2 (Backwater effects proximately 402 feet downstream of Schultztown Ohio County. from Green River). Road. Walton Creek (Backwater ef- From the confluence with the Rough River to approxi- None +392 Unincorporated Areas of fects from Green River). mately 1.7 mile upstream of the confluence with the Ohio County. Rough River. West Fork Lewis Creek From the confluence with Lewis Creek to approxi- None +400 Unincorporated Areas of (Backwater effects from mately 900 feet downstream of Rockport Ceralvo Ohio County. Green River). Road. West Fork Lewis Creek Trib- From the confluence with West Fork Lewis Creek to None +3400 Unincorporated Areas of utary 5 (Backwater effects approximately 1,660 feet upstream of KY–85. Ohio County. from Green River). Williams Creek (Backwater From the confluence with the Green River to approxi- None +399 Unincorporated Areas of effects from Green River). mately 1,170 feet upstream of KY–69. Ohio County.

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Wolfpen Run (Backwater ef- From the confluence with the Rough River to approxi- None +413 Unincorporated Areas of fects from Rough River). mately 1.3 mile upstream of the confluence with the Ohio County. Rough River.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Hartford Maps are available for inspection at City Hall, 116 East Washington Street, Hartford, KY 42347. Town of Rockport Maps are available for inspection at the Town Hall, 9133 West U.S. Route 62, Rockport, KY 42369. Unincorporated Areas of Ohio County Maps are available for inspection at the Ohio County Courthouse, 301 South Main Street, Hartford, KY 42347.

Shiawassee County, Michigan (All Jurisdictions)

Holly Drain ...... Approximately 1,470 feet upstream of Maple Street ... None +764 Village of Vernon. Approximately 1,500 feet upstream of Maple Street ... None +764 Shiawassee River...... Approximately 5,780 feet upstream of North None +741 Charter Township of Cal- Shiawassee Street. edonia, Township of Vernon, Village of Vernon. Approximately 520 feet upstream of Washington Ave- None +762 nue.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Charter Township of Caledonia Maps are available for inspection at the Caledonia Township Hall, 135 North State Street, Owosso, MI 48867. Township of Vernon Maps are available for inspection at the Vernon Township Hall, 6801 South Durand Road, Durand, MI 48429. Village of Vernon Maps are available for inspection at the Vernon Village Hall, 120 Main Street, Vernon, MI 48476.

Hancock County, Ohio, and Incorporated Areas

Blanchard River ...... Approximately 1,300 feet upstream of County High- +773 +772 Unincorporated Areas of way 140. Hancock County. Approximately 2,000 feet downstream of Township +785 +786 Road 241. Eagle Creek ...... Approximately 0.53 mile downstream of Township +785 +783 Unincorporated Areas of Road 204. Hancock County. Approximately 1,100 feet downstream of Township +798 +797 Road 49. Lye Creek ...... Approximately 0.61 mile downstream of County High- +780 +779 Unincorporated Areas of way 180. Hancock County. Just downstream of County Highway 180 ...... +784 +781

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

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∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Unincorporated Areas of Hancock County Maps are available for inspection at 300 South Main Street, Findlay, OH 45840.

Manitowoc County, Wisconsin, and Incorporated Areas

Centerville Creek ...... Approximately 0.25 mile downstream of the bridge at None +682 Village of Cleveland. West Washington Avenue. Approximately 380 feet downstream of the bridge at None +688 West Washington Avenue. Little Manitowoc River ...... Approximately 0.47 mile downstream of the bridge at None +626 City of Manitowoc. Goodwin Road. At the bridge at Goodwin Road ...... None +643 Sheboygan River ...... At the bridge at State Highway 67/32 ...... None +882 City of Kiel. Approximately 0.25 mile upstream of the bridge at None +884 State Highway 67/32.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Kiel Maps are available for inspection at 621 6th Street, Kiel, WI 53042. City of Manitowoc Maps are available for inspection at 900 Quay Street, Manitowoc, WI 54220. Village of Cleveland Maps are available for inspection at 1150 West Washington Street, Cleveland, WI 53015.

(Catalog of Federal Domestic Assistance No. ACTION: Proposed rulemaking; notice of Written comments are due by June 4, 97.022, ‘‘Flood Insurance.’’) public meeting. 2010. Dated: May 11, 2010. SUMMARY: On April 29, 2010, the ADDRESSES: Submit all written Sandra K. Knight, Federal Maritime Commission issued a comments (original and 15 copies) to: Deputy Federal Insurance and Mitigation Notice of Proposed Rulemaking Karen V. Gregory, Secretary, Federal Administrator, Mitigation, Department of (NPRM), which appeared in the Federal Maritime Commission, 800 North Homeland Security, Federal Emergency Capitol Street, NW., Room 1046, Management Agency. Register on May 7, 2010, proposing a Washington, DC 20573–0001, (202) 523– [FR Doc. 2010–12204 Filed 5–20–10; 8:45 am] new exemption for non-vessel-operating common carriers agreeing to negotiated 5725. BILLING CODE 9110–12–P rate arrangements from certain FOR FURTHER INFORMATION CONTACT: provisions and requirements of the Karen V. Gregory, Secretary; (202) 523– Shipping Act of 1984 and certain 5725. E-mail: [email protected]. FEDERAL MARITIME COMMISSION provisions and requirements of the SUPPLEMENTARY INFORMATION: The 46 CFR Parts 520 and 532 Commission’s regulations. The Commission has determined to hold a Commission will hold a public meeting public meeting on May 24, 2010 to [Docket No. 10–03] to receive oral comments and allow receive oral comments and allow participants to field questions from the NVOCC Negotiated Rate participants to field questions from the Commission concerning the proposed Commission concerning the Notice of Arrangements; Notice of Public rule. Meeting Schedule Proposed Rulemaking published May 7, DATES: The Commission will hold a 2010 (75 FR 25150), regarding NVOCC AGENCY: Federal Maritime Commission. public meeting on May 24, 2010. Negotiated Rate Arrangements. The

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Commission has established the 800 North Capitol Street, NW., copies) including written statements following allotment of time and order of Washington, DC 20573. presented at the May 24th meeting are presentation. The meeting will convene The Federal Maritime Commission due by Friday, June 4, 2010. Written at 1:30 p.m., May 24, 2010, in the welcomes written comments for the submissions, except for confidential Commission’s Main Hearing Room 100, record. All written comments submitted business information, will be available in this proceeding (an Original and 15 for public inspection.

PANEL I

Time allotment Participant(s) Company (in minutes)

Edward D. Greenberg, Attorney for NCBFAA ...... National Customs Brokers & Forwarders Association of Amer- 10 ica, Inc.. Paulette Kolba, VP Ocean Compliance Panalpina, Inc...... Pantainer Ltd...... 10 Robert J. Schott, President ...... SEASCHOTT, Division of AIRSCHOTT, Inc...... 10 Robert A. Voltmann, President & CEO ...... Transportation Intermediaries Association ...... 10

PANEL II

Time allotment Participant(s) Company (in minutes)

Neil Barni, President ...... CargoSphere ...... 10 James E. Devine, President ...... Distribution Publications, Inc...... 10 Stan Levy, President ...... Stan Levy Consulting ...... 10 Gerard P. Wardell, President; Laurie A. Olson, VP Tariff Oper- RateWave Tariff Services, Inc...... 10 ations.

Karen V. Gregory, information collection requirements on the Paperwork Reduction Act Secretary. must be submitted by the public, Office information collection requirements [FR Doc. 2010–12299 Filed 5–20–10; 8:45 am] of Management and Budget (OMB), and contained herein should be submitted to BILLING CODE P other interested parties on or before July the Federal Communications 20, 2010. Commission via e-mail to [email protected] ADDRESSES: You may submit comments, and to Nicholas A. Fraser, Office of FEDERAL COMMUNICATIONS identified by WT Docket No. 10–88; RM Management and Budget, via e-mail to COMMISSION 11349; FCC 10–53, by any of the [email protected] or via following methods: fax at 202–395–5167. • 47 CFR Parts 1 and 17 Federal eRulemaking Portal: http:// FOR FURTHER INFORMATION CONTACT: John www.regulations.gov. Follow the [WT Docket No. 10–88; RM 11349; FCC 10– Borkowski, Wireless instructions for submitting comments. 53] • Telecommunications Bureau, (202) 418– Federal Communications 0626, e-mail [email protected]. 2004 and 2006 Biennial Regulatory Commission’s Web site: http:// For additional information concerning Reviews—Streamlining and Other www.fcc.gov/cgb/ecfs/. Follow the the Paperwork Reduction Act Revisions of the Commission’s Rules instructions for submitting comments. information collection requirements • Mail: Filings can be sent by hand or Governing Construction, Marking and contained in this document, send an e- messenger delivery, by commercial Lighting of Antenna Structures; mail to [email protected] or contact Judith B. overnight courier, or by first-class or Amendments To Modernize and Clarify Herman at 202–418–0214 or via the overnight U.S. Postal Service mail the Commission’s Rules Concerning Internet at [email protected]. Construction, Marking and Lighting of (although the Commission continues to SUPPLEMENTARY INFORMATION: This is a Antenna Structures experience delays in receiving U.S. Postal Service mail). All filings must be summary of the Commission’s Notice of AGENCY: Federal Communications addressed to the Commission’s Proposed Rulemaking in WT Docket No. Commission. Secretary, Office of the Secretary, 10–88; RM 11349; FCC 10–53, adopted ACTION: Proposed rule. Federal Communications Commission. April 12, 2010, and released on April • People with Disabilities: Contact the 20, 2010. The full text of the NPRM is SUMMARY: In this Notice of Proposed FCC to request reasonable available for public inspection and Rulemaking (NPRM), the Commission accommodations (accessible format copying during business hours in the seeks comment on revisions to the documents, sign language interpreters, FCC Reference Information Center, Commission’s rules governing the CART, etc.) by e-mail: [email protected] Portals II, 445 12th Street, SW., Room construction, marking, and lighting of or phone: 202–418–0530 or TTY: 202– CY–A257, Washington, DC 20554. It antenna structures. The Commission 418–0432. also may be purchased from the initiates this proceeding to update and For detailed instructions for Commission’s duplicating contractor at modernize the Commission’s rules. submitting comments and additional Portals II, 445 12th Street, SW., Room DATES: Interested parties may file information on the rulemaking process, CY–B402, Washington, DC 20554; the comments on or before July 20, 2010, see the SUPPLEMENTARY INFORMATION contractor’s Web site, http:// and reply comments on or before section of this document. www.bcpiweb.com; or by calling (800) August 19, 2010. Written comments on In addition to filing comments with 378–3160, facsimile (202) 488–5563, or the Paperwork Reduction Act proposed the Secretary, a copy of any comments e-mail [email protected]. Copies of

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the public notice also may be obtained is confusing, or endangers rather than cause confusion if the FAA updates the via the Commission’s Electronic assists airmen, the Commission may relevant circulars more frequently than Comment Filing System (ECFS) by specify painting or lighting in the the Commission amends its part 17 entering the docket number WT Docket individual situation. Section 17.23 rules. Also, certain older registrations No. 10–88. Additionally, the complete provides that, unless otherwise reference discontinued FCC Form 715/ item is available on the Federal specified by the Commission, each new 715A rather than the Advisory Communications Commission’s Web or altered antenna structure to be Circulars. To avoid these results, the site at http://www.fcc.gov. registered on or after January 1, 1996, Commission proposes that the rules must conform to the FAA’s painting and require the marking and lighting Synopsis of the Notice of Proposed lighting recommendations set forth on recommended in the FAA Rulemaking the structure’s FAA determination of determination and associated study, I. Introduction ‘‘no hazard’’ as referenced in FAA unless otherwise specified, rather than 1. In this Notice of Proposed Advisory Circulars AC 70/7460–1J in any particular circular. The Rulemaking (NPRM), the Commission (‘‘Obstruction Marking and Lighting’’) Commission seeks comment on this seeks comment on revisions to the and AC 150/5345–43E (‘‘Specification proposal, and in particular on whether Commission’s part 17 rules governing for Obstruction Lighting Equipment’’), there are any circumstances in which the construction, marking, and lighting both of which are cross-referenced. this approach would not be clear. of antenna structures. The Commission 4. In its 2004 Biennial Review 6. PCIA proposes that the Commission initiates this proceeding to update and Comments, PCIA—the Wireless specify in the rules that lighting and modernize the part 17 rules. These Infrastructure Association (PCIA) states marking requirements do not change proposed revisions are intended to that FAA Advisory Circular AC 70/460– unless the FAA recommends new improve compliance with these rules 1J referenced in Section 17.23 has been specifications for particular structures. and allow the Commission to enforce superseded, creating a conflict between PCIA believes this language is necessary them more effectively, helping to better the Commission’s marking and lighting to clarify that a revised FAA Circular ensure the safety of pilots and aircraft requirements and the FAA’s. In the does not impose new obligations upon passengers nationwide. These proposed Biennial Review Proceeding, PCIA, already-approved antenna structures. CTIA—the Wireless Association (CTIA), PCIA also indicates that this proposal revisions would also remove outdated and Cingular Wireless LLC (Cingular) seeks rule codification of a statement and burdensome requirements without proposed that Section 17.23 be amended made on the FCC’s Web site. The compromising the Commission’s to reference the most recent versions of Commission seeks comment on PCIA’s statutory responsibility to prevent the FAA Advisory Circulars. PCIA seeks proposal. The Commission also seeks antenna structures from being hazards this rule change in its Petition for comment on whether, in the event the or menaces to air navigation. Rulemaking as well. In their comments FAA changes its standards, it may II. Discussion on PCIA’s Petition for Rulemaking, instead be preferable for the 2. This NPRM proposes amendments Cingular, Crown Castle USA, Inc. Commission to have the flexibility to to the part 17 rules to update and (Crown Castle), and the National apply any new standards retroactively. modernize them, including harmonizing Association of Broadcasters (NAB) agree Should the Commission defer in the them with Federal Aviation that the Commission’s rules should be first instance to the FAA as the expert Administration (FAA) rules where consistent with the most recent FAA agency on aircraft navigation safety as to appropriate. The following discussion painting and lighting recommendations. whether revised standards should be will examine the entirety of part 17, In its Petition for Rulemaking, PCIA also applied to existing structures, unless considering: (1) Antenna structure seeks to amend Section 17.23 to clarify otherwise specified by the FCC? 7. Consistent with this discussion, the registration and marking and lighting that the lighting and marking Commission proposes several specific specifications; (2) maintenance of specifications assigned to a structure by changes to the rules. Section 17.4 of the marking and lighting; and (3) other the Commission upon registration do rules contains an overview of the matters. not change unless the FAA recommends new specifications for that particular antenna structure registration process. A. Antenna Structure Registration and structure. The Commission proposes adding to Marking and Lighting Specifications 5. The Commission proposes several § 17.4 a provision clarifying that the revisions to these provisions. First, the FAA’s recommended specifications are 1. Provisions Governing Specification of Commission agrees with commenters generally mandatory, but that the Marking and Lighting that the rules should not reference Commission may specify additional or 3. The provisions governing obsolete editions of the Advisory different requirements. The Commission specification of marking and lighting for Circulars. Rather than updating the believes stating this simply up front will registered antenna structures are set references in the current rules, however, provide clarity regarding the central forth in Sections 17.21 through 17.23 of the Commission proposes to delete any obligation of structure owners. The the rules. Section 17.21 specifies that reference to Advisory Circulars as Commission also proposes to amend painting and lighting of an antenna unnecessary and potentially confusing. § 17.4 to indicate that no changes may structure is required if the structure Because each antenna structure owner is be made to the lighting or marking exceeds 200 feet in height or if it clearly notified through the registration specifications on an antenna structure requires aeronautical study, unless an process of the specifications that apply registration without prior FAA and applicant can show that absence of (or to a particular structure, first by the Commission approval. The Commission lesser) marking would not impair air FAA itself in its ‘‘no hazard’’ seeks comment on these proposals. safety. Section 17.22 provides that the determination, and then by the 8. With respect to §§ 17.21 through Commission will generally assign Commission in the owner’s antenna 17.23, the Commission first proposes to specifications for painting and lighting structure registration, the Commission amend § 17.21(a), which provides that in accordance with FAA Circulars believes that specific reference in the antenna structures shall be painted and referenced in Section 17.23, but also rules to particular Advisory Circulars is lighted when they exceed 60.96 meters provides that if such painting or lighting unnecessary. Such references also may (200 feet) in height above ground level

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or they require special aeronautical 2. Accuracy of Location and Height Data expertise, and whether the study. The Commission proposes to 10. Section 17.4(a)(1) provides that Commission’s promulgation of rules instead reference FAA notification alteration of an existing antenna would risk creating conflicts with the requirements. The Commission believes structure requires a new registration. FAA’s process. Any comments that referencing FAA notification However, the Commission’s rules do not proposing a specific method should requirements will clarify which antenna define what constitutes an alteration explain that method and the benefits of structures must comply with § 17.21. such that a new registration is required. mandating it for new antenna structure The Commission would retain the In the ASR Streamlining Order (11 FCC registrants. provision in § 17.21(b) that the Rcd at 4287), the Commission 3. Structures Requiring FAA Commission may modify requirements determined that any change or Notification ‘‘for painting and/or lighting of antenna correction of antenna structure site data 12. Section 17.7 of the Commission’s structures when it is shown by the of one second or greater in longitude or rules sets forth which antenna applicant that the absence of such latitude, or one foot or greater in height, structures require notification to the marking would not impair the safety of requires a new aeronautical study and a FAA. Section 17.14 of the Commission’s air navigation, or that a lesser marking new determination by the FAA. The rules sets forth certain categories of requirement would insure the safety Commission noted that these criteria are antenna structures that are exempt from thereof.’’ The Commission then proposes consistent with the FAA’s standards for notification to the FAA. Sections 17.7 to delete as unnecessary the first when a new notification is required. In and 17.14 are restatements of FAA rules. sentence of § 17.22, which provides: order to clarify the obligations of Specifically, § 17.7 of the Commission’s ‘‘Whenever painting or lighting is antenna structure owners, the rules is a restatement of § 77.13 of the required, the Commission will generally Commission proposes adding a new FAA’s rules. Section 17.14 of the assign specifications in accordance with section to § 17.4 specifying that any Commission’s rules is a restatement of the FAA Advisory Circulars referenced change in height of one foot or greater § 77.15 of the FAA’s rules. These in Section 17.23.’’ The Commission or any change in coordinates of one restatements of FAA rules in would redesignate as paragraph 17.21(c) second or greater requires prior Commission rules appear to be the remainder of current § 17.22, approval from the FAA and the unnecessary and duplicative, and their specifying that ‘‘[i]f an antenna Commission. The Commission seeks inclusion risks creating confusion in the installation is of such a nature that its comment on this proposal. event the FAA were to change its painting and lighting in accordance 11. Consistent with this standard, the criteria. The Commission therefore with these specifications are confusing, Commission also seeks comment on proposes to delete §§ 17.7 and 17.14 of or endanger rather than assist airmen, or whether to amend its rules to require the Commission’s rules. In lieu of these are otherwise inadequate, the that the height information provided on full restatements of FAA rules, the Commission will specify the type of FCC Form 854 must be accurate within Commission proposes adding cross- painting and lighting or other marking one foot and the coordinates provided references to relevant FAA rules in to be used in the individual situation.’’ in FCC Form 854 must be accurate § 17.4 of the Commission’s rules, which Finally, the Commission would amend within one second of longitude and provides that the owner of any proposed § 17.23, as discussed above, to replace latitude. The Commission further seeks or existing antenna structure that the reference to specific Advisory comment on whether to require that requires notice of proposed construction Circulars with a more general reference antenna structure owners must use the to the FAA must register the structure to the FAA’s determination of no hazard most accurate data available when with the Commission. The Commission and associated study, and to clarify the reporting height information and site seeks comment on this tentative structure owner’s obligation to comply coordinates, and on whether the conclusion, and on whether there is any Commission should specify a particular with any other specifications prescribed reason the Commission should retain survey method. In the ASR Streamlining by the Commission. The Commission language in its own rules stating which Order, the Commission stated that seeks comment on all these proposals. antenna structures require notification antenna structure owners ‘‘may use to the FAA. 9. Finally, the Commission proposes surveying tools of differing accuracy, deleting § 17.17(a). The Commission’s such as maps, GPS receivers, or GPS 4. Pending FAA Rulemaking Proceeding proposed removal of reference to FAA receivers with differential corrections to 13. The FAA’s current part 77 rules circulars in § 17.23 would eliminate the obtain site data.’’ Moreover, in the ASR set forth regulations pertaining to the need for the stated exception in Clarification Order (15 FCC Rcd at physical attributes of objects (including § 17.17(a). Moreover, the language in 8678–8679), the Commission declined communications facilities) that may § 17.17(a) has resulted in some to mandate a specific accuracy standard affect navigable airspace. Under these confusion as to what painting and for the submission of antenna structure rules, parties proposing to construct or lighting specifications antenna data in deference to the FAA. It has modify a structure must file a ‘‘Notice of structures authorized prior to July 1, been the Commission’s experience, Proposed Construction or Alteration’’ 1996, must maintain. The Commission however, that measurements taken with the FAA. The FAA then conducts does not make a specific proposal to using older survey methods may differ an obstruction evaluation to determine amend § 17.17(b) in this Notice, but the significantly from those performed whether the proposed structure will Commission notes that the Commission using current GPS technology. In light pose a hazard to air navigation. The would need to conform § 17.17(b) to any of developments in technology and Commission has, in turn, required any decision regarding PCIA’s proposal to practice, the Commission therefore finds antenna structure for which a Notice of specify that lighting and marking it appropriate to revisit whether the Proposed Construction or Alteration requirements do not change unless the Commission should specify accuracy must be filed with the FAA to be FAA recommends new specifications standards or survey methods. The registered with the Commission as well. for particular structures. The Commission asks commenters to As discussed in more detail above, this Commission seeks comment on these address whether the Commission registration requirement is the vehicle proposals. should continue to defer to the FAA’s by which the Commission exercises its

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authority under the Communications 1. Inspection and Maintenance of Petition for Rulemaking, PCIA, Act to require painting and lighting of Lighting consistent with these waiver requests, towers that may constitute a hazard to 16. The basic regime governing recommends amendment of Section air navigation. inspection and maintenance of required 17.47(b) of the rules to exempt systems using network operations control (NOC) 14. In a Notice of Proposed lighting is set forth in §§ 17.47, 17.48, center-based monitoring technologies Rulemaking released in June, 2006, the and 17.56(a) of the rules. Section 17.47 of the rules requires antenna structure from any requirement to regularly FAA has proposed to modify its inspect all automatic or mechanical notification rules. Under the FAA’s owners to make an observation of the antenna structure’s lights at least once systems associated with antenna proposal, among other things, events structure lighting. Sprint Nextel that give rise to a notification each 24 hours either visually or by observing an automatic properly Corporation (Sprint Nextel), Cingular, requirement would be expanded to Crown Castle and NAB all support such include construction of new facilities maintained indicator designed to register any failure of such lights or, a rule amendment. In comments on a that operate on specified frequency alternatively, to provide and properly waiver request, Hark Tower Systems, bands, changes in authorized frequency, maintain an automatic alarm system Inc., also supported this approach. 18. The Commission seeks comment addition of new frequencies, increases designed to detect any failure of such on two possible alternative changes to in effective radiated power or antenna lights and to provide indication of such § 17.47. First, the Commission seeks height above certain thresholds, and failure to the owner. Section 17.47 also comment on whether to delete § 17.47 of changes in antenna configuration for requires antenna structure owners to the rules in its entirety. The communications facilities that operate inspect at intervals not to exceed 3 in specified radio frequency bands, Commission is concerned that the months all automatic or mechanical current regime, which includes separate independent of the physical attributes of control devices, indicators, and alarm such facilities. The Commission seeks requirements for inspecting lighting systems associated with the antenna systems, providing notice of comment on how the outcome of the structure lighting to insure that such extinguished lights, and replacing FAA’s proceeding may affect any of the apparatus is functioning properly. malfunctioning lights and monitoring matters being considered in the instant Section 17.48(a) of the Rules requires systems, may create ambiguity for proceeding. In particular, the immediate notification to the nearest antenna structure owners regarding Commission seeks comment on Flight Service Station (FSS) or office of their regulatory obligations. In whether, if the FAA were to adopt its the FAA of any observed or otherwise particular, an antenna structure owner proposed rules in whole or in part, the known extinguishment or improper may incorrectly conclude that so long as Commission should modify any of its functioning of any top steady burning it performs the inspections required rules or change any proposed light or any flashing obstruction light, under § 17.47, it will not be subject to approaches to issues addressed in this regardless of its position on the antenna enforcement action if its lights fail to proceeding. In this regard, one such structure, not corrected within 30 function. Eliminating the inspection significant issue is whether the minutes. Upon notification of such an requirements under § 17.47 would make Commission should continue to require incident, the FAA issues a Notice to clear that what matters is that the all instances of ‘‘Notice of Proposed Airmen (NOTAM) to alert aircraft of the lighting required under the antenna Construction or Alteration’’ required by light outage. Section 17.48(b) of the structure registration remains on, or, if Rules provides that ‘‘[a]n the FAA to result in an antenna required lights become extinguished, extinguishment or improper functioning structure registration or amendment of that the structure owner promptly of a steady burning side intermediate request a NOTAM. If these requirements antenna structure registration with the light or lights, shall be corrected as soon Commission. are not met, the Commission may as possible, but notification to the FAA subject the structure owner to B. Maintenance of Marking and Lighting or [sic] such extinguishment or enforcement action regardless of the improper functioning is not required.’’ measures it followed to inspect its 15. The part 17 rules also detail Section 17.56(a) of the rules requires lighting and monitoring systems; and if certain requirements that concern the antenna structure owners to replace or these requirements are met, it would be maintenance of the marking and lighting repair lights, automatic indicators or immaterial to us how the structure on antenna structures. These automatic control or alarm systems as owner ensured that its lights would requirements include inspection and soon as practicable. remain functioning or NOTAMs would maintenance of lighting, records of 17. In their comments to the 2004 be requested. The Commission seeks extinguishment or improper functioning Biennial Review, PCIA, CTIA and comment on this possible approach, of lights, and maintenance of painting. Cingular argue that quarterly physical including on whether inspection The Commission believes that some of inspection of antenna structures requirements are necessary to ensure these requirements are unnecessarily imposes needless and costly burdens responsible monitoring of lighting burdensome to antenna structure and adds nothing to the reliability of the systems. owners and may be less effective at system. Also, the Commission, initially, 19. Second, if the Commission and later the Wireless preventing hazards to air navigation determines not to eliminate all Telecommunications Bureau on than certain alternatives. The inspection requirements, the delegated authority, have granted Commission seeks comment on whether Commission also believes that some several tower owners waivers of to amend § 17.47(b) to exempt certain interpretations of these requirements § 17.47(b) of the Rules to permit annual systems using NOC center-based overly complicate its enforcement rather than quarterly inspections for monitoring technologies from the efforts in this important public safety their automatic or mechanical control requirement to quarterly inspect all area. Therefore, the Commission is devices, indicators and alarm systems automatic or mechanical systems proposing several amendments and associated with their antenna structure associated with antenna structure deletions to streamline and clarify these lighting, on the basis that they use lighting. As explained in the rules. advanced monitoring systems. In its Commission’s order granting waivers to

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American Tower Corporation (ATC) and Commission tentatively concludes that to burn continuously. Section 17.56(b) Global Signal, Inc. (GSI), the types of this rule should be updated to require requires that the flash tubes in a high systems used by ATC, GSI, and others notification by means acceptable to the intensity obstruction lighting system reliably diagnose problems, including FAA, which currently is by a shall be replaced whenever the peak any failures of control devices, nationwide toll-free telephone number effective daytime intensity falls below indicators and alarm systems, within for reporting lighting outages, and the 200,000 candelas. real time. Thus, quarterly inspections of Commission seeks comment on this 23. The Commission notes that in such systems may unnecessarily burden proposal. their 2004 Biennial Review comments, antenna structure owners without 21. Finally, the Commission requests PCIA, CTIA and Cingular ask that promoting aircraft navigation safety, and comment on whether its rules should § 17.51 be amended to harmonize it relieving inspection requirements for include time frames for replacing or with Section 17.48 (Notification of such towers may encourage tower repairing extinguished lights Extinguishment or Improper owners to adopt state-of-the-art systems. notwithstanding the issuance of a Functioning Lights). Specifically, PCIA In granting the ATC and GSI waiver NOTAM, and if so, what those time states that § 17.51 should be revised to requests, the Commission found that the frames should be. The Commission provide that a malfunctioning flashing use of advanced technology in those believes that the current requirements to light does not violate § 17.51, so long as instances provided the benefits of more replace or repair lights ‘‘as soon as a NOTAM has been sought by the tower rapid response for lighting failures, with practicable’’ (in § 17.56(a)) or ‘‘as soon as owner or operator and issued by the attendant aircraft safety benefits. The possible’’ (in § 17.48(b)) may be overly FAA. PCIA also suggests that § 17.51 Commission seeks comment on the vague, and may engender confusion as should provide that it is not violated benefits and drawbacks of eliminating to whether diligent efforts to correct when a malfunction is beyond the quarterly inspection requirements for lighting malfunctions obviate the need control of the tower owner/operator systems utilizing advanced self- for a NOTAM. Accordingly, the (such as in a power failure). monitoring technology, and on whether Commission tentatively concludes that 24. The Commission tentatively required regular inspections that are less these provisions should be deleted. By concludes that each of these provisions frequent, such as annually, should be proposing to delete these rule sections, should be deleted because the relevant retained. The Commission also seeks however, the Commission does not requirements are specified in the FAA comment as to how the systems to be intend to provide antenna structure determination of no hazard and exempted from the quarterly inspection owners with an unlimited amount of associated study for each tower, and the requirement should be defined. time to repair the lighting systems on separate identification of specific their antenna structures, nor does the requirements in the Commission’s rules 20. The Commission proposes to Commission suggest that antenna is therefore unnecessary and may create retain the requirement in § 17.48(a) that structure owners may avoid repairing ambiguity in cases of conflict. Any antenna structure owners promptly the lighting systems on their antenna antenna structure which is assigned report outages of top steady burning structures indefinitely by continually specifications by the FAA for lighting is lights or flashing antenna structure filing for NOTAMs. Moreover, because also assigned Chapter 4 (Lighting lights to the FAA. However, the the FAA does not accept notifications or Guideline) of FAA Advisory Circular Commission believes amendment of this issue NOTAMs for extinguished steady AC 70/7460–1. This chapter details the provision is necessary to ensure that a burning side intermediate lights, in the type of construction lights, both red and NOTAM is maintained so long as any absence of Section 17.48(b) the white, that should be used during outage continues. The FAA cancels all Commission’s rules would contain no construction. Chapter 4 also details such notices within 15 days. However, requirements relating to maintenance of requirements for the inspection, repair the Commission’s rules do not currently these lights. The Commission therefore and maintenance of lights. Any antenna require antenna structure owners to seeks comment on whether the structure which is assigned red notify the FAA if repairs to an antenna Commission should implement a time obstruction, high intensity or medium structure’s lights require more than 15 limitation for lighting system repairs. If intensity lighting by the FAA is also days. Therefore, the Commission such a requirement is implemented, assigned the applicable chapter (Chapter proposes to require antenna structure should it be based on the geographic 5, 6 or 7) of the same FAA Advisory owners to provide continuously active location of the antenna structure? Circular (AC 70/7460–1) on its antenna NOTAM notice to the FAA of these Should weather conditions be structure registration. The Commission lighting outages in accordance with considered when determining the therefore proposes to delete each of current FAA requirements. Accordingly, reasonableness of a time period these rule provisions in order to antenna structure owners would be requirement? The Commission seeks promote clarity and avoid potential required to contact the FAA to extend comment on these proposals. conflicts. The Commission seeks the lighting outage date after 15 days comment on this tentative conclusion, and provide a return to service date. The 2. Elimination of Unnecessary and in particular on whether there are Commission seeks comment on this Provisions any instances in which the FAA would proposal. The Commission specifically 22. Sections 17.45, 17.51, and 17.56(b) not assign the relevant specifications in asks commenters to discuss how the each set forth specific requirements for its Advisory Circular. Commission should balance the public antenna structure owners to follow in 25. The Commission does not agree interest benefit of having antenna exhibiting or maintaining lights. Section with the commenters’ position that its structure owners contact the FAA every 17.45 of the rules specifies the type of lighting requirements should include an 15 days during a light outage against the temporary warning lights to be used exception where lights are extinguished burden on antenna structure owners of during construction of antenna due to loss of power beyond the continual notification requirements. The structures for which red obstruction structure owner’s control. As discussed Commission also notes that the lighting is required. Section 17.51 of the above, the Commission is proposing reporting requirement of § 17.48(a) rules requires red obstruction lighting to amending § 17.48 to clearly state the requires that the FAA be notified ‘‘by be on from sunset to sunrise and high basic requirement to maintain the telephone or telegraph.’’ The intensity and medium intensity lighting required lighting or, if lights become

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extinguished, obtain and maintain a on the structure must be within the the structure, since weathering is greater NOTAM. Thus, if lights become color tolerance depicted on the FAA’s there.’’ The Commission seeks comment extinguished due to loss of power, the ‘In Service Aviation Orange Tolerance on which of these methods of using the structure owner will remain in Chart’ as measured against the base of chart, or both or neither, should be compliance with the rules if it the tower from a distance of one-quarter referenced in the rule. The Commission immediately notifies the FAA and mile.’’ Cingular states that the current also seeks comment on whether, and if renews the notification every 15 days. lack of a standard for ‘‘good visibility’’ so how, the rule should combine use of The Commission does not believe it is ‘‘leads to the potential for inconsistent the chart with other methods of gauging either necessary or consistent with enforcement.’’ visibility, as well as any other aircraft navigation safety to exempt 28. The Commission requests suggestions on how the rule should be outages due to loss of power from this comment on whether to amend § 17.50 drafted. process. Moreover, the Commission is to specifically provide for use of the not persuaded that the effects of power FAA’s ‘In Service Aviation Orange C. Other Matters outages are beyond the control of Tolerance Chart’ to determine whether a 1. Definitions antenna structure owners, or beyond structure needs to be cleaned or 30. Section 17.2(a) of the rules defines their ability to remedy. The Commission repainted. In the field, the an ‘‘antenna structure’’ as including ‘‘the seeks comment above on whether the Commission’s Enforcement Bureau radiating and/or receive system, its Commission should establish time currently determines whether a supporting structures and any limits for repair or replacement of structure needs to be cleaned or appurtenances mounted thereon.’’ extinguished lights. Any rules that the repainted by comparing it to the FAA’s Section 17.2(c) defines an ‘‘antenna Commission might adopt setting such In Service Aviation Orange Tolerance structure owner’’ as the individual or time limits would apply to lights that Chart at the base of the structure and/ entity vested with ownership, equitable are off due to a power outage. The or by observing the structure at one- Commission seeks comment on this quarter mile distance from the structure. ownership, dominion, or title to the analysis. The Commission believes that each of antenna structure. Commenters argue these approaches has certain benefits. that because the definition of ‘‘antenna 3. Records of Extinguishment or On one hand, a close inspection of the structure’’ includes antennas and other Improper Functioning of Lights tower may provide more information appurtenances, the definition of 26. Section 17.49 requires antenna about the condition of the paint (e.g., ‘‘antenna structure owner’’ could be read structure owners to maintain a record of whether it is flaking) and about the to include the service providers who observed or otherwise known actual color and how closely it matches own these antennas. Commenters extinguishments or improper the required parameters. On the other therefore urge the Commission to amend functioning of structure lights. The hand, a view from one-quarter mile its rules to clarify that the obligations of Commission proposes to amend this distance, although subjective, may antenna structure owners fall only on provision by adding a requirement to closely approximate tower visibility and the owner of the underlying structure. maintain such records for two years and conspicuity that pilots would encounter Specifically, in their comments to the provide the records to the Commission and therefore may better ensure that 2004 Biennial Review, PCIA, CTIA and upon request. The Commission towers are visible. However, a view Cingular urge the Commission to revise tentatively concludes that this retention from a distance may be subject to the definition of antenna structure so period best balances the Commission’s inconsistencies depending upon such that compliance obligations of need to determine the compliance factors as direction, time of day, weather infrastructure providers and licensed record against the burden of record conditions, and silhouetting. Adding a carriers are not ambiguous. PCIA and retention on antenna structure owners. specific reference to the color chart in Cingular both argue that the definition The Commission seeks comment on this § 17.50 could provide a more objective needs to be revised to reinforce tentative conclusion, and in particular standard for gauging the condition of Commission decisions that the antenna on whether two years is the appropriate required painting and may provide structure owner is responsible for retention period. The Commission better guidance for antenna structure marking, lighting and notification encourages commenters to provide data owners and promote consistent responsibilities relating to the structure. regarding the burden this record enforcement. The Commission therefore 31. The Commission has previously retention would impose on antenna seeks comment on whether to made clear that registration structure owners, and the Commission incorporate such a reference. responsibilities fall squarely on the invites comment on whether the 29. If the Commission does amend the antenna structure owners, and not on Commission should eliminate the rules to defer to the In Service Aviation the licensees or permittees that are recordkeeping requirement entirely. Orange Tolerance Chart, the merely tenants of the structures. Commission further seeks comment on Nonetheless, the Commission agrees 4. Maintenance of Painting whether to compare the FAA’s In that incorporating a more precise 27. Section 17.50 of the rules specifies Service Aviation Orange Tolerance definition into its rules would promote that antenna structures requiring Chart to the tower at a distance of one- clarity for all parties. The Commission painting under part 17 shall be cleaned quarter mile, as PCIA proposes, or at the therefore proposes amending § 17.2(c) to or repainted as often as necessary to base of the tower, as is the Enforcement provide that the antenna structure maintain good visibility. In their 2004 Bureau’s practice. The instructions on owner is the owner of ‘‘the underlying Biennial Review Comments, PCIA, CTIA the FAA chart direct that ‘‘to use the structure that supports or is intended to and Cingular argue that the Commission charts place each directly over the support antennas and other needs an unambiguous standard for surface to be examined.’’ However, a appurtenances.’’ The Commission seeks measuring good visibility, and suggest more distant view may be most comment on this proposal, including that the rule be amended to reflect the consistent with the FAA’s Advisory any unintended consequences that may standard used by the FAA. In particular, Circular on Obstruction Marking and result from this change. PCIA proposes that the Commission Lighting, which indicates that ‘‘the color 32. The Commission also tentatively amend § 17.50 to require that the ‘‘paint should be sampled on the upper half of concludes that § 17.2(a) should be

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amended to clarify both when a drawbacks to the Commission and the such location. The Commission structure becomes, and when a structure public of keeping voluntarily registered tentatively concludes that amending the ceases to be, an ‘‘antenna structure’’ structures in the database, as well as of rule in this manner would both clarify under its rules. Section 303(q) of the Act permitting additional structures to be the obligations of antenna structure provides that ‘‘[i]n the event that the voluntarily registered. In this regard, the owners and promote timely remediation tower ceases to be licensed by the Commission notes that antenna when lighting is observed to be Commission for the transmission of structure owners often register malfunctioning or extinguished. The radio energy, the owner of the tower structures that fall below the Commission further tentatively shall maintain the prescribed painting Commission’s height thresholds in order concludes that it is unnecessary for the and/or illumination of such tower until to file an Environmental Assessment ASR number to be posted both at the it is dismantled . * * *’’ Consistent with and obtain a Finding Of No Significant base of the tower and at a point that is this provision, the Commission Impact under the Commission’s visible to the general public. The proposes amending § 17.2(a) to provide environmental rules. The Commission Commission seeks comment on these that a structure will continue to be invites comment regarding what tentative conclusions, including considered an antenna structure and changes to its environmental processing whether there would be benefits to subject to its part 17 requirements until may be necessary if antenna structure requiring an additional posting of the such time as that structure is registration under these circumstances ASR number near the base of the tower dismantled, regardless of whether the were to be limited. where that location is not readily visible structure continues to be used for the to the public. The Commission also 3. Posting of Antenna Structure transmission and/or receipt of radio seeks comment on how the rule should Registration Number energy. Similarly, the Commission address those situations where two believes it is consistent with the intent 34. Section 17.4(g) provides: ‘‘Except towers having separate ASR numbers of § 303(q) that a structure constructed as provided in paragraph (h) of this may be located within a single fenced for the primary purpose of transmitting section, the Antenna Structure area, as well as situations in which an or receiving radio energy be treated as Registration [ASR] number must be antenna structure is located on a an antenna structure subject to its rules displayed in a conspicuous place so that building. from the time construction begins, it is readily visible near the base of the 4. Provision of Antenna Structure regardless of whether the structure antenna structure.’’ In its Petition for Registration to Tenants immediately is being used for its Rulemaking, PCIA contends that it is intended purpose. The Commission not always possible to post the ASR 36. Section 17.4(f) requires that therefore proposes amending § 17.2(a) to number so that it is both ‘‘readily antenna structure owners immediately reflect this tentative conclusion as well. visible’’ and ‘‘near the base’’ of the tower. provide copies of FCC Form 854R The Commission seeks comment on PCIA and Cingular both comment that (antenna structure registration) to each these proposals. Finally, the the Commission’s ‘‘Posting Guidelines’’ tenant licensee and permittee. In their Commission notes that the term indicate that in such instances an Biennial Review comments, PCIA, CTIA ‘‘antenna structure’’ is defined in both appropriate place to post the ASR and Cingular propose that the §§ 1.907 and 17.2(a) of the number is ‘‘along a perimeter fence’’ or Commission eliminate this requirement Commission’s rules. The Commission ‘‘at the point of entry of the gate.’’ PCIA altogether, and shift the burden to the seeks comment on whether these two recommends amendment of the rule to Commission’s licensees and permittees definitions should be harmonized. expressly permit posting of the ASR to obtain a copy of the Form 854R from number at a compound fence or gate. the Commission’s Web site. In its 2. Structures Not Requiring Registration Sprint Nextel, Crown Castle, NAB and Petition for Rulemaking, PCIA 33. Under the Commission’s rules, not Cingular concur. specifically recommends that the rule all antenna structures must be registered 35. The purpose of § 17.4(g) is to should instead require antenna structure with the Commission, only those of ensure that a member of the general owners to provide tenants with the ASR certain heights, depending on their public can identify the structure in the number or some indication that the ASR location. Despite this limitation, some event of a light outage or other air safety has been changed or updated, so that antenna structure owners have hazard and report the problem to the licensees and permittees may obtain voluntarily registered their structures Commission and/or the FAA, as well as relevant Form 845R (antenna structure with the Commission, even though such to ensure that FCC and FAA personnel registration) information from the FCC’s registration is not required. The can readily identify the structure. As ASR Online System. Sprint Nextel, Commission seeks comment on whether currently written, however, the rule Cingular, Crown Castle and NAB agree, the rules concerning antenna structures does not require that the ASR number arguing that the requirement to provide should be enforced against such be posted in a place that would be paper copies no longer serves any voluntarily registered structures. In visible to the general public. The practical purpose and imposes addition, the Commission seeks Commission therefore proposes to unnecessary costs. comment on whether owners of antenna modify § 17.4 to require that antenna 37. The Commission agrees that structures that do not require structure owners display the ASR antenna structure owners should no registration should be prohibited from number so that it would be visible to a longer be required to provide paper registering their towers, and whether member of the general public who copies of the Form 854R to their tenants, antenna structure owners who have reaches the closest publicly accessible as the relevant information and access voluntarily registered structures should location near the base of the antenna to the form can ordinarily be provided be required to withdraw their structure. Where two or more separate at least as effectively, and more registrations from the Commission’s locations of this nature exist for a single economically, by electronic means. antenna structure database. Such an antenna structure, such as two roads However, the Commission believes it is action could reduce confusion from different directions to a essential that the tenant licensees and concerning the regulatory status of these mountaintop site, the Commission permittees know when the antenna structures. The Commission seeks would require posting the Antenna structure has been registered, and how comment on both the benefits and Structure Registration number at each to access the registration form. The

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Commission therefore proposes to will be so located, and that the identifying those antenna structures that amend the relevant rules to allow applicant shall comply with the might affect air navigation, consistent antenna structure owners, as an requirements of § 1.70 of the rules. This with recommendations made by the alternative to providing a copy of Form rule was adopted in 1967, along with Federal Aviation Administration (FAA), 854R, to notify tenant licensees and former § 1.70, which prescribed and for registering such structures with permittees that the structure has been procedures for handling applications the Commission. The Commission registered, and give the tenant licensees involving the use of certain lands and requires owners of antenna structures to and permittees the antenna structure’s reservations under the jurisdiction of register with the Commission those registration number along with the link the U.S. Government. Those procedures structures that meet the registration for the Commission’s antenna structure were abolished in 1977 at the request of criteria and to exercise primary registration Web site. This notification the Department of Agriculture and the responsibility for the prescribed may be done using paper mail or Department of the Interior, at which painting and lighting. The proposed electronic mail. The Commission seeks point that iteration of § 1.70 was rules seek to achieve the best framework comment on this proposal. deleted. As § 17.58 was intended to to continue to fulfill the Commission’s statutory responsibility to require 5. Notification of Construction or promote compliance with procedures antenna structure owners, registrants Dismantlement that no longer exist, the Commission now proposes to delete § 17.58. The and Commission licensees to do 38. Section 17.57 requires that Commission seeks comment on this whatever is necessary to prevent antenna structure owners notify the proposal, including whether there is any antenna structures from being hazards Commission within 24 hours of reason to retain a requirement that the or menaces to air navigation. construction or dismantlement of an Commission be notified of facilities on 44. The Commission proposes to antenna structure, and immediately for Forest Service or Bureau of Land amend § 17.4(a) and §§ 17.21, 17.22 changes in height or ownership. In its Management lands. (redesignated as § 17.21(c)), and 17.23 Biennial Review comments, PCIA and to delete § 17.17(a) of the recommends changing § 17.57 to III. Conclusion Commission’s rules regarding antenna harmonize the timing for these 41. By this NPRM, the Commission structure registration and painting and requirements with FAA rules. In its proposes various clarifications and lighting specifications. The Commission Petition for Rulemaking, PCIA indicates amendments to the part 17 rules, in also proposes conforming edits to specifically that its proposal in this order to allow antenna structure owners §§ 1.61(a)(5) and 17.1(b). These regard would be to change from 24 to more efficiently and cost effectively proposed changes are intended to clarify hours to five days the time for ensure their compliance with those the relationship between the notification of construction or rules. The Commission seeks comment Commission’s rules and procedures and dismantlement, and to change from on these proposals. those of the FAA and to ensure ‘‘immediately’’ to five days the time for continued consistency in those rules notification of changes in height or IV. Procedural Matters and procedures. The Commission also ownership. Cingular and NAB support A. Initial Regulatory Flexibility Analysis asks whether to amend § 17.17(b) the concept of harmonization of the (redesignated as § 17.24) by providing Commission’s rules with FAA rules 42. As required by the Regulatory that a revised FAA Circular does not regarding notification of construction Flexibility Act of 1980, see 5 U.S.C. 603, impose new obligations on already- and/or dismantlement. as amended (RFA), the Commission has approved antenna structures. 39. The Commission tentatively prepared this present Initial Regulatory 45. In order to clarify the obligations concludes that the Commission should Flexibility Analysis (IRFA) of the of antenna structure owners and to not adopt these proposed changes. possible significant economic impact on conform the Commission’s regulations Initially, the Commission notes that a substantial number of small entities by to Commission and FAA practice, the neither PCIA nor Cingular cites the the policies and rules proposed in this Commission proposes adding new relevant FAA requirements or explains Notice of Proposed Rule Making sections to § 17.4 specifying that any why they are appropriate for the (NPRM). Written public comments are change in height of one foot or greater, Commission’s purposes. In any event, requested on this IRFA. Comments must any change in coordinates of one second these FCC notification requirements be specifically identified as responses to or greater, or any change in marking and promote accuracy of the Commission’s the IRFA and must be filed by the lighting specifications requires prior information, and it would not appear to deadlines for comments on the Notice approval from the FAA and the create any conflict for them to be stricter provided in Section V.A. of the item. Commission. The Commission also than the FAA’s. Given the simple nature The Commission will send a copy of the proposes to consider whether to specify of notification filings, commenters have NPRM, including this IRFA, to the Chief accuracy standards or survey methods not shown that the time frames are Counsel for Advocacy of the Small in order to ensure consistency of data. unreasonably burdensome. The Business Administration (SBA). In 46. The Commission proposes to Commission seeks comment on this addition, the NPRM and IRFA (or delete §§ 17.7 and 17.14 of the issue, including discussion of any summaries thereof) will be published in Commission’s rules, which are burdens that the existing rule may the Federal Register. restatements of FAA rules, and to substitute cross-references to relevant impose. 1. Need for and Objectives of the FAA rules in § 17.4 of the Commission’s Proposed Rules 6. Facilities on Federal Land rules. This change could reduce the risk 40. Section 17.58 of the Commission’s 43. Section 303(q) of the of confusion in the event the FAA were rules provides that any application Communications Act vests in the to change its criteria. proposing new or modified transmitting Commission the authority to require 47. The Commission proposes to facilities to be located on land under the painting and/or lighting of radio towers amend its rules governing inspection jurisdiction of the U.S. Forest Service or that may constitute a hazard to air and maintenance of lighting by: (1) the Bureau of Land Management shall navigation. Part 17 of the Commission’s Amending § 17.47 to eliminate or include a statement that the facilities rules sets forth procedures for reduce requirements to perform

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inspections of lighting and light withdraw their registrations from the ‘‘small governmental jurisdiction.’’ 2 In monitoring systems; (2) amending Commission’s antenna structure addition, the term ‘‘small business’’ has § 17.48(a) to require antenna structure database. Such action could reduce the same meaning as the term ‘‘small owners to provide continuously active confusion by clarifying the regulatory business concern’’ under the Small notice to the FAA of lighting outages; status of these structures. Business Act.3 A ‘‘small business and (3) deleting vague references to 53. The Commission proposes to concern’’ is one which: (1) Is timely repair timeframes in §§ 17.48(b) modify § 17.4(g) to require that antenna independently owned and operated; (2) and 17.56(a). The Commission proposes structure owners display the Antenna is not dominant in its field of operation; to consider whether to eliminate § 17.47 Structure Registration (ASR) number so and (3) satisfies any additional criteria in its entirety or to retain modified that it would be visible to a member of established by the Small Business inspection requirements and whether to the general public who reaches the Administration (‘‘SBA’’).4 substitute more specific repair time closest publicly accessible location near 58. The Notice proposes rule changes limitations. These proposals are each point of access to the antenna that would impose requirements on a intended to relieve unnecessary burdens structure. The Commission further large number of entities relating to the and reduce confusion while ensuring proposes to delete the requirement that registration of and maintenance of that aircraft navigation safety is best the ASR number be posted near the base painting and lighting on antenna protected. of the antenna structure. The structures. Due to the number and 48. The Commission proposes to Commission tentatively concludes that diversity of owners of antenna delete §§ 17.45, 17.51, and 17.56(b), amending the rule in this manner would structures and other responsible parties, which set forth specific requirements for clarify the obligations of antenna including small entities that are exhibiting and maintaining lights, structure owners, promote timely Commission licensees as well as non- because they are unnecessary and may remediation when lighting is observed licensee tower companies, the create ambiguity in cases of conflict to be malfunctioning or extinguished, Commission classifies and quantifies with FAA specifications. This change and eliminate unnecessary postings. them in the remainder of this section. could reduce the risk of confusion. 54. Section 17.4(f) requires that 49. Section 17.49 requires antenna antenna structure owners immediately 59. Cellular Licensees. The SBA has structure owners to maintain a record of provide copies of FCC Form 854R developed a small business size observed or otherwise known (antenna structure registration) to each standard for small businesses in the extinguishments or improper tenant licensee and permittee. Sections category ‘‘Wireless Telecommunications 5 functioning of structure lights. The 17.4(e) and 17.6(c) impose a similar Carriers (except satellite).’’ Under that Commission proposes to add a requirement on the first licensee in SBA category, a business is small if it 6 requirement to maintain such records cases where the antenna structure has 1,500 or fewer employees. The for two years and provide the records to owner is unable to file Form 854 census category of ‘‘Cellular and Other the Commission upon request in order because it is subject to a denial of Wireless Telecommunications’’ is no to balance the Commission’s need to Federal benefits under the Anti-Drug longer used and has been superseded by determine the compliance record Abuse Act of 1988. The Commission the larger category ‘‘Wireless against the burden of record retention proposes to amend these rules to allow Telecommunications Carriers (except on antenna structure owners. the alternative of providing a link to the satellite)’’. However, since currently 50. The Commission is considering a Commission’s antenna structure available data was gathered when proposal to amend § 17.50 to require use registration Web site via paper or ‘‘Cellular and Other Wireless of the FAA’s ‘In Service Aviation electronic mail. Telecommunications’’ was the relevant Orange Tolerance Chart’ to determine 55. The Commission proposes to category, earlier Census Bureau data whether a structure needs to be cleaned delete § 17.58, which was intended to collected under the category of ‘‘Cellular or repainted and to specify how the promote compliance with procedures and Other Wireless chart is to be used. These changes may that are now obsolete. This change Telecommunications’’ will be used here. provide more objective standards for would streamline the antenna structure Census Bureau data for 2002 show that gauging visibility. registration process. there were 1,397 firms in this category 51. The Commission proposes to that operated for the entire year.7 Of this amend § 17.2(a) of the Commission’s 2. Legal Basis total, 1,378 firms had employment of rules to clarify both when a structure 56. The legal basis for any action that 999 or fewer employees, and 19 firms becomes, and when a structure ceases to may be taken pursuant to the Notice is had employment of 1,000 employees or be, an ‘‘antenna structure’’ under our contained in Sections 4(i), 4(j), 11, and rules. The Commission also proposes to 303(q) of the Communications Act of 2 5 U.S.C. 601(6). amend § 17.2(c) of the Commission’s 1934, as amended, 47 U.S.C. 154(i) 3 5 U.S.C. 601(3) (incorporating by reference the rules to clarify that the obligations of an through (j), 161, 303(q). definition of ‘‘small business concern’’ in the Small ‘‘antenna structure owner’’ fall only on Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C. the owner of the underlying structure, 3. Description and Estimate of the 601(3), the statutory definition of a small business Number of Small Entities to Which the applies ‘‘unless an agency, after consultation with and not on tenants, thus promoting the Office of Advocacy of the Small Business clarity for all parties. Proposed Rules May Apply Administration and after opportunity for public 52. The Commission also proposes to 57. The RFA directs agencies to comment, establishes one or more definitions of such term which are appropriate to the activities of consider whether the rules concerning provide a description of, and where the agency and publishes such definition(s) in the antenna structures should be enforced feasible, an estimate of the number of Federal Register.’’ against voluntarily registered structures, small entities that may be affected by 4 15 U.S.C. 632. whether owners of antenna structures proposed rules.1 The RFA generally 5 13 CFR 121.201, North American Industry that do not require registration should defines the term ‘‘small entity’’ as having Classification System (NAICS) code 517210. be prohibited from registering their the same meaning as the terms ‘‘small 6 Id. 7 U.S. Census Bureau, 2002 Economic Census, towers, and whether antenna structure business,’’ ‘‘small organization,’’ and Subject Series: Information, ‘‘Establishment and owners who have voluntarily registered Firm Size (Including Legal Form of Organization,’’ structures should be required to 1 5 U.S.C. 604(a)(3). Table 5, NAICS code 517212 (issued Nov. 2005).

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more.8 Thus, under this category and events concerning Auction 35, as a small or very small entity and won size standard, the majority of firms can including judicial and agency 311 licenses. be considered small. determinations, resulted in a total of 163 62. Specialized Mobile Radio. The 60. Broadband Personal C and F Block licenses being available Commission awards ‘‘small entity’’ Communications Service. The for grant. bidding credits in auctions for broadband Personal Communications Specialized Mobile Radio (SMR) 61. Narrowband Personal Service (PCS) spectrum is divided into geographic area licenses in the 800 MHz six frequency blocks designated A Communications Service. The and 900 MHz bands to firms that had through F, and the Commission has held Commission held an auction for revenues of no more than $15 million in auctions for each block. The Narrowband Personal Communications each of the three previous calendar Commission has created a small Service (PCS) licenses that commenced years.22 The Commission awards ‘‘very business size standard for Blocks C and on July 25, 1994, and closed on July 29, small entity’’ bidding credits to firms F as an entity that has average gross 1994. A second commenced on October that had revenues of no more than $3 revenues of less than $40 million in the 26, 1994, and closed on November 8, million in each of the three previous three previous calendar years.9 For 1994. For purposes of the first two calendar years.23 The SBA has approved Block F, an additional small business Narrowband PCS auctions, ‘‘small these small business size standards for size standard for ‘‘very small business’’ businesses’’ were entities with average the 900 MHz Service.24 The was added and is defined as an entity gross revenues for the prior three Commission has held auctions for that, together with its affiliates, has calendar years of $40 million or less.15 geographic area licenses in the 800 MHz average gross revenues of not more than Through these auctions, the and 900 MHz bands. The 900 MHz SMR $15 million for the preceding three Commission awarded a total of forty-one auction began on December 5, 1995, and calendar years.10 These small business licenses, 11 of which were obtained by closed on April 15, 1996. Sixty bidders size standards, in the context of four small businesses.16 To ensure claiming that they qualified as small broadband PCS auctions, have been meaningful participation by small businesses under the $15 million size approved by the SBA.11 No small business entities in future auctions, the standard won 263 geographic area businesses within the SBA-approved Commission adopted a two-tiered small licenses in the 900 MHz SMR band. The small business size standards bid business size standard in the 800 MHz SMR auction for the upper 200 successfully for licenses in Blocks A Narrowband PCS Second Report and channels began on October 28, 1997, and B. There were 90 winning bidders Order.17 A ‘‘small business’’ is an entity and was completed on December 8, that qualified as small entities in the C that, together with affiliates and 1997. Ten bidders claiming that they Block auctions. A total of 93 ‘‘small’’ and controlling interests, has average gross qualified as small businesses under the ‘‘very small’’ business bidders won revenues for the three preceding years of $15 million size standard won 38 approximately 40 percent of the 1,479 not more than $40 million.18 A ‘‘very geographic area licenses for the upper licenses for Blocks D, E, and F.12 On small business’’ is an entity that, 200 channels in the 800 MHz SMR March 23, 1999, the Commission together with affiliates and controlling band.25 A second auction for the 800 reauctioned 155 C, D, E, and F Block interests, has average gross revenues for MHz band was held on January 10, licenses; there were 113 small business the three preceding years of not more 2002, and closed on January 17, 2002, winning bidders.13 On January 26, 2001, than $15 million.19 The SBA has and included 23 licenses. One bidder the Commission completed the auction approved these small business size claiming small business status won five 26 of 422 C and F Block PCS licenses in standards.20 A third auction licenses. 14 Auction 35. Of the 35 winning bidders commenced on October 3, 2001, and 63. The auction of the 1,050 800 MHz in this auction, 29 qualified as ‘‘small’’ closed on October 16, 2001. Here, five SMR geographic area licenses for the or ‘‘very small’’ businesses. Subsequent bidders won 317 (MTA and nationwide) General Category channels began on August 16, 2000, and was completed on licenses.21 Three of these claimed status 8 Id. The census data do not provide a more September 1, 2000. Eleven bidders that precise estimate of the number of firms that have won 108 geographic area licenses for the employment of 1,500 or fewer employees; the 15 Implementation of Section 309(j) of the largest category provided is for firms with ‘‘1000 Communications Act—Competitive Bidding General Category channels in the 800 employees or more.’’ Narrowband PCS, Third Memorandum Opinion and MHz SMR band qualified as small 9 See Amendment of Parts 20 and 24 of the Order and Further Notice of Proposed Rulemaking, businesses under the $15 million size Commission’s Rules—Broadband PCS Competitive 10 FCC Rcd 175, 196 para. 46 (1994). standard. In an auction completed on Bidding and the Commercial Mobile Radio Service 16 See ‘‘Announcing the High Bidders in the December 5, 2000, a total of 2,800 Spectrum Cap, Report and Order, 11 FCC Rcd 7824, Auction of Ten Nationwide Narrowband PCS 7850–7852 paras. 57–60 (1996); see also 47 CFR Licenses, Winning Bids Total $617,006,674,’’ Public Economic Area licenses in the lower 80 24.720(b). Notice, PNWL 94–004 (rel. Aug. 2, 1994); channels of the 800 MHz SMR service 10 See Amendment of Parts 20 and 24 of the ‘‘Announcing the High Bidders in the Auction of 30 were sold. Of the 22 winning bidders, Commission’s Rules—Broadband PCS Competitive Regional Narrowband PCS Licenses; Winning Bids 19 claimed ‘‘small business’’ status and Bidding and the Commercial Mobile Radio Service Total $490,901,787,’’ Public Notice, PNWL 94–27 Spectrum Cap, Report and Order, 11 FCC Rcd 7824, (rel. Nov. 9, 1994). won 129 licenses. Thus, combining all 7852 para. 60. 17 Amendment of the Commission’s Rules to 11 See Letter to Amy Zoslov, Chief, Auctions and Establish New Personal Communications Services, 22 47 CFR 90.814(b)(1). Industry Analysis Division, Wireless Narrowband PCS, Second Report and Order and 23 Id. Telecommunications Bureau, Federal Second Further Notice of Proposed Rule Making, 15 24 See Letter to Thomas Sugrue, Chief, Wireless Communications Commission, from Aida Alvarez, FCC Rcd 10456, 10476 para. 40 (2000). Telecommunications Bureau, Federal Administrator, Small Business Administration, 18 Id. Communications Commission, from Aida Alvarez, dated December 2, 1998. 19 Id. Administrator, Small Business Administration, 12 FCC News, ‘‘Broadband PCS, D, E and F Block 20 See Letter to Amy Zoslov, Chief, Auctions and dated August 10, 1999. Auction Closes,’’ No. 71744 (rel. January 14, 1997). Industry Analysis Division, Wireless 25 See ‘‘Correction to Public Notice DA 96–586 13 See ‘‘C, D, E, and F Block Broadband PCS Telecommunications Bureau, Federal ‘FCC Announces Winning Bidders in the Auction Auction Closes,’’ Public Notice, 14 FCC Rcd 6688 Communications Commission, from Aida Alvarez, of 1020 Licenses to Provide 900 MHz SMR in Major (WTB 1999). Administrator, Small Business Administration, Trading Areas,’’’ Public Notice, 18 FCC Rcd 18367 14 See ‘‘C and F Block Broadband PCS Auction dated December 2, 1998. (WTB 1996). Closes; Winning Bidders Announced,’’ Public 21 See ‘‘Narrowband PCS Auction Closes,’’ Public 26 See ‘‘Multi-Radio Service Auction Closes,’’ Notice, 16 FCC Rcd 2339 (2001). Notice, 16 FCC Rcd 18663 (WTB 2001). Public Notice, 17 FCC Rcd 1446 (WTB 2002).

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three auctions, 40 winning bidders for businesses with a bidding credit of 15 authorized to operate in the 220 MHz geographic licenses in the 800 MHz percent and very small businesses with Band. The Commission has not SMR band claimed status as small a bidding credit of 25 percent. In the developed a definition of small entities business. auction held August 9 through specifically applicable to such 64. In addition, there are numerous September 18, 2006, 55% of the incumbent 220 MHz Phase I licensees. incumbent site-by-site SMR licensees winning bidders were small businesses To estimate the number of such and licensees with extended (57 of 104).29 licensees that are small businesses, the implementation authorizations in the 66. Rural Radiotelephone Service. The Commission applies the small business 800 and 900 MHz bands. The Commission uses the SBA small size standard under the SBA rules Commission does not know how many business size standard applicable to applicable to ‘‘Cellular and Other firms provide 800 MHz or 900 MHz Wireless Telecommunications Carriers Wireless Telecommunications’’ geographic area SMR pursuant to (except satellite), i.e., an entity companies. Note that the census extended implementation employing no more than 1,500 category of ‘‘Cellular and Other Wireless authorizations, nor how many of these persons.30 There are approximately Telecommunications’’ is no longer used providers have annual revenues of no 1,000 licensees in the Rural and has been superseded by the larger more than $3 million or $15 million (the Radiotelephone Service, and the category ‘‘Wireless Telecommunications special small business size standards), Commission estimates that there are Carriers (except satellite)’’. This category or have no more than 1,500 employees 1,000 or fewer small entity licensees in provides that a small business is a (the generic SBA standard for wireless the Rural Radiotelephone Service that wireless company employing no more entities, discussed, supra). One firm has may be affected by the rules and than 1,500 persons.33 However, since over $15 million in revenues. The policies adopted herein. currently available data was gathered Commission assumes, for purposes of 67. Wireless Communications when ‘‘Cellular and Other Wireless this analysis, that all of the remaining Services. This service can be used for Telecommunications’’ was the relevant existing extended implementation fixed, mobile, radiolocation, and digital category, earlier Census Bureau data authorizations are held by small audio broadcasting satellite uses in the collected under the category of ‘‘Cellular entities. 2305–2320 MHz and 2345–2360 MHz and Other Wireless 65. Advanced Wireless Services. The bands. The Commission defined ‘‘small Telecommunications’’ will be used here. Report and Order adopting service rules business’’ for the wireless Census Bureau data for 2002 show that for Advanced Wireless Services (AWS) communications services (WCS) auction there were 1,397 firms in this category in the 1710–1755 and 2110–2155 MHz as an entity with average gross revenues that operated for the entire year.34 Of bands 27 affected applicants who wish to of $40 million or less for each of the this total, 1,378 firms had employment provide service in the 1710–1755 MHz three preceding years, and a ‘‘very small of 999 or fewer employees, and 19 firms and 2110–2155 MHz bands. As business’’ as an entity with average gross had employment of 1,000 employees or discussed in the AWS–1 Service Rules revenues of $15 million or less for each more.35 Therefore, the majority of firms 31 Order, the Commission does not know of the three preceding years. The SBA can be considered small. 32 precisely the type of service that a has approved these definitions. The 69. 220 MHz Radio Service—Phase II licensee in these bands might seek to Commission auctioned geographic area Licensees. The 220 MHz service has provide.28 Nonetheless, the Commission licenses in the WCS service. In the both Phase I and Phase II licenses. The anticipates that the services that will be auction, which commenced on April 15, Phase II 220 MHz service is subject to deployed in these bands may have 1997, and closed on April 25, 1997, spectrum auctions. In the 220 MHz capital requirements comparable to there were seven bidders that won 31 Third Report and Order, the those in the broadband Personal licenses that qualified as very small Commission adopted a small business Communications Service (PCS), and that business entities, and one bidder that size standard for defining ‘‘small’’ and the licensees in these bands will be won one license that qualified as a small ‘‘very small’’ businesses for purposes of presented with issues and costs similar business entity. determining their eligibility for special 68. 220 MHz Radio Service—Phase I to those presented to broadband PCS provisions such as bidding credits and Licensees. The 220 MHz service has 36 licensees. Further, at the time the installment payments. This small both Phase I and Phase II licenses. Phase broadband PCS service was established, business standard indicates that a ‘‘small I licensing was conducted by lotteries in it was similarly anticipated that it business’’ is an entity that, together with 1992 and 1993. There are approximately would facilitate the introduction of a its affiliates and controlling principals, 1,515 such non-nationwide licensees new generation of service. Therefore, has average gross revenues not and four nationwide licensees currently the AWS–1 Service Rules Order adopted exceeding $15 million for the preceding the same small business size standards three years.37 A ‘‘very small business’’ is 29 See News Release ‘‘Statements of FCC defined as an entity that, together with that the Commission adopted for the Chairman and Commissioners Before the broadband PCS service. In particular, Committee on Energy and Commerce, the Order defined a ‘‘small business’’ as Subcommittee on Telecommunications and the 33 13 CFR 121.201, NAICS code 517210. an entity with average annual gross Internet, U.S. House of Representatives’’, Chairman 34 U.S. Census Bureau, 2002 Economic Census, Martin’s Written Statement, Exhibit 3, http:// Subject Series: Information, ‘‘Establishment and revenues for the preceding three years hraunfoss.fcc.gov/edocs_public/attachmatch/DOC- Firm Size (Including Legal Form of Organization,’’ not exceeding $40 million, and a ‘‘very 281580A2.pdf, (4/15/2008). Table 5, NAICS code 517212 (issued Nov. 2005). small business’’ as an entity with 30 13 CFR 121.201, NAICS code 517210. 35 Id. The census data do not provide a more average annual gross revenues for the 31 Amendment of the Commission’s Rules to precise estimate of the number of firms that have preceding three years not exceeding $15 Establish Part 27, the Wireless Communications employment of 1,500 or fewer employees; the Service (WCS), Report and Order, 12 FCC Rcd largest category provided is for firms with ‘‘1,000 million. The Order also provided small 10785, 10879 para. 194 (1997). employees or more.’’ 32 See Letter to Amy Zoslov, Chief, Auctions and 36 Amendment of Part 90 of the Commission’s 27 Service Rules for Advanced Wireless Services Industry Analysis Division, Wireless Rules to Provide For the Use of the 220–222 MHz in the 1.7 GHz and 2.1 GHz Bands, WT Docket No. Telecommunications Bureau, Federal Band by the Private Land Mobile Radio Service, 02–353, 18 FCC Rcd 25162 (2003) (AWS–1 Service Communications Commission, from Aida Alvarez, Third Report and Order, 12 FCC Rcd 10943, 11068– Rules Order). Administrator, Small Business Administration, 70 paras. 291–295 (1997). 28 See id., at para. 144. dated December 2, 1998. 37 Id. at 11068 para. 291.

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its affiliates and controlling principals, Economic Area (MEA) licenses for each In Block C of the Lower 700 MHz Band has average gross revenues that do not of two spectrum blocks commenced on (710–716 MHz and 740–746 MHz), exceed $3 million for the preceding September 6, 2000, and closed on which was licensed on the basis of 734 three years.38 The SBA has approved September 21, 2000.48 Of the 104 Cellular Market Areas, the Commission these small size standards.39 Auctions of licenses auctioned, 96 licenses were adopted a third criterion for Phase II licenses commenced on sold to nine bidders. Five of these determining eligibility for bidding September 15, 1998, and closed on bidders were small businesses that won credits: an ‘‘entrepreneur,’’ which is October 22, 1998.40 In the first auction, a total of 26 licenses. A second auction defined as an entity that, together with 908 licenses were auctioned in three of remaining 700 MHz Guard Bands its affiliates and controlling principals, different-sized geographic areas: Three licenses commenced on February 13, has average gross revenues that are not nationwide licenses, 30 Regional 2001, and closed on February 21, 2001. more than $3 million for the preceding Economic Area Group (EAG) Licenses, All eight of the licenses auctioned were three years.53 The SBA has approved and 875 Economic Area (EA) Licenses. sold to three bidders. One of these these small size standards.54 Of the 908 licenses auctioned, 693 were bidders was a small business that won 49 72. An auction of 740 licenses for sold.41 Thirty-nine small businesses a total of two licenses. Subsequently, Blocks C (710–716 MHz and 740–746 won 373 licenses in the first 220 MHz in the 700 MHz Second Report and MHz) and D (716–722 MHz) of the auction. A second auction included 225 Order, the Commission reorganized the Lower 700 MHz Band commenced on licenses: 216 EA licenses and 9 EAG licenses pursuant to an agreement licenses. Fourteen companies claiming among most of the licensees, resulting August 27, 2002, and closed on small business status won 158 in a spectral relocation of the first set of September 18, 2002. Of the 740 licenses licenses.42 A third auction included four paired spectrum block licenses, and an available for auction, 484 licenses were licenses: 2 BEA licenses and 2 EAG elimination of the second set of paired sold to 102 winning bidders. Seventy- licenses in the 220 MHz Service. No spectrum block licenses (many of which two of the winning bidders claimed small or very small business won any of were already vacant, reclaimed by the small business, very small business, or 50 these licenses.43 Commission from Nextel). A single entrepreneur status and won a total of licensee that did not participate in the 329 licenses.55 A second auction 70. 700 MHz Guard Bands Licenses. agreement was grandfathered in the commenced on May 28, 2003, and In the 700 MHz Guard Bands Order, the initial spectral location for its two closed on June 13, 2003, and included Commission adopted size standards for licenses in the second set of paired 256 licenses: Five EAG licenses and 251 ‘‘small businesses’’ and ‘‘very small 51 spectrum blocks. Accordingly, at this CMA licenses.56 Seventeen winning businesses’’ for purposes of determining time there are 54 licenses in the 700 bidders claimed small or very small their eligibility for special provisions MHz Guard Bands. business status and won 60 licenses, such as bidding credits and installment 71. 700 MHz Band Commercial and nine winning bidders claimed payments.44 A small business in this Licenses. There is 80 megahertz of non- entrepreneur status and won 154 service is an entity that, together with Guard Band spectrum in the 700 MHz licenses.57 its affiliates and controlling principals, Band that is designated for commercial has average gross revenues not use: 698–757, 758–763, 776–787, and 73. The remaining 62 megahertz of exceeding $40 million for the preceding 788–793 MHz Bands. With one commercial spectrum was auctioned on three years.45 Additionally, a ‘‘very exception, the Commission adopted January 24 through March 18, 2008. As small business’’ is an entity that, criteria for defining two groups of small explained above, bidding credits for all together with its affiliates and businesses for purposes of determining of these licenses were available to controlling principals, has average gross their eligibility for bidding credits at ‘‘small businesses’’ and ‘‘very small revenues that are not more than $15 auction. These two categories are: (1) businesses.’’ Auction 73 concluded with million for the preceding three years.46 ‘‘Small business,’’ which is defined as an 1,090 provisionally winning bids SBA approval of these definitions is not entity with attributed average annual covering 1,091 licenses and totaling required.47 An auction of 52 Major gross revenues that exceed $15 million $19,592,420,000. The provisionally and do not exceed $40 million for the winning bids for the A, B, C, and E 38 Id. preceding three years; and (2) ‘‘very Block licenses exceeded the aggregate 39 See Letter to Daniel Phythyon, Chief, Wireless small business,’’ which is defined as an reserve prices for those blocks. The Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, entity with attributed average annual provisionally winning bid for the D Administrator, Small Business Administration, gross revenues that do not exceed $15 Block license, however, did not meet dated January 6, 1998. million for the preceding three years.52 the applicable reserve price and thus 40 See generally ‘‘220 MHz Service Auction did not become a winning bid. Closes,’’ Public Notice, 14 FCC Rcd 605 (WTB 1998). approval before adopting small business size Approximately 55 small businesses had 41 See ‘‘FCC Announces It is Prepared to Grant standards). 654 Phase II 220 MHz Licenses After Final Payment 48 See ‘‘700 MHz Guard Bands Auction Closes: is Made,’’ Public Notice, 14 FCC Rcd 1085 (WTB Winning Bidders Announced,’’ Public Notice, 15 07–4171 at para. 70 (WTB rel. Oct. 5, 2007); 1999). FCC Rcd 18026 (2000). Reallocation and Service Rules for the 698–746 42 See ‘‘Phase II 220 MHz Service Spectrum 49 See ‘‘700 MHz Guard Bands Auctions Closes: MHz Spectrum Band (Television Channels 52–59), Auction Closes,’’ Public Notice, 14 FCC Rcd 11218 Winning Bidders Announced,’’ Public Notice, 16 Report and Order, 17 FCC Rcd 1022, 1087–88 (WTB 1999). FCC Rcd 4590 (WTB 2001). (2002). 43 See ‘‘Multi-Radio Service Auction Closes,’’ 50 See In the Matter of Service Rules for the 698– 53 Id. at 1088. Public Notice, 17 FCC Rcd 1446 (WTB 2002). 746, 747–762 and 777–792 MHz Bands, WT Docket 54 See Letter to Thomas Sugrue, Chief, Wireless 44 See Service Rules for the 746–764 MHz Bands, 06–150, Second Report and Order, 22 FCC Rcd Telecommunications Bureau, Federal and Revisions to Part 27 of the Commission’s Rules, 15289, 15339–15344 paras. 118–134 (2007) (700 Communications Commission, from Aida Alvarez, Second Report and Order, 15 FCC Rcd 5299 (2000). MHz Second Report and Order). Administrator, Small Business Administration, 45 Id. at 5343 para. 108. 51 Id. dated August 10, 1999. 46 Id. 52 See Auction of 700 MHz Band Licenses 55 See ‘‘Lower 700 MHz Band Auction Closes,’’ 47 Id. At 5343 para. 108 n.246 (for the 746–764 Scheduled for January 24, 2008, AU Docket No. 07– Public Notice, 17 FCC Rcd 17272 (WTB 2002). MHz and 776–704 MHz bands, the Commission is 157, Notice and Filing Requirements, Minimum 56 See ‘‘Lower 700 MHz Band Auction Closes,’’ exempt from 15 U.S.C. 632, which requires Federal Opening Bids, Reserve Prices, Upfront Payments, Public Notice, 18 FCC Rcd 11873 (WTB 2003). agencies to obtain Small Business Administration and Other Procedures for Auctions 73 and 76, DA 57 Id.

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winning bids.58 Currently, the 10 million for the preceding three years.66 approximately 100 licensees in the Air- remaining megahertz associated with The SBA has approved these small Ground Radiotelephone Service, and the the D block have not yet been business size standards.67 An auction of Commission estimates that almost all of assigned.59 Metropolitan Economic Area licenses them qualify as small under the SBA commenced on February 24, 2000, and small business size standard. 74. Private and Common Carrier 68 Paging. The SBA had developed a small closed on March 2, 2000. Of the 2,499 77. Aviation and Marine Radio licenses auctioned, 985 were sold.69 business size standard for wireless firms Services. Small businesses in the Fifty-seven companies claiming small within the broad economic census aviation and marine radio services use business status won 440 licenses.70 An category of ‘‘Paging’’.60 However, the a very high frequency (VHF) marine or auction of MEA and Economic Area ‘‘ ’’ aircraft radio and, as appropriate, an census category Paging is no longer (EA) licenses commenced on October emergency position-indicating radio used and has been superseded by the 30, 2001, and closed on December 5, beacon (and/or radar) or an emergency larger category ‘‘Wireless 2001. Of the 15,514 licenses auctioned, Telecommunications Carriers (except 5,323 were sold.71 132 companies locator transmitter. The Commission has 61 satellite).’’ Under that SBA category, a claiming small business status not developed a small business size business is small if it has 1,500 or fewer purchased 3,724 licenses. A third standard specifically applicable to these employees.62 However, since currently auction, consisting of 8,874 licenses in small businesses. For purposes of this available data was gathered when each of 175 EAs and 1,328 licenses in analysis, the Commission uses the SBA ‘‘Paging’’ was the relevant category, all but three of the 51 MEAs, small business size standard for the earlier Census Bureau data collected commenced on May 13, 2003, and category Wireless Telecommunications under the category of ‘‘Paging’’ will be closed on May 28, 2003. Seventy-seven Carriers (except satellite), which is used here. Census Bureau data for 2002 bidders claiming small or very small 1,500 or fewer employees.76 Most show that there were 807 firms in this business status won 2,093 licenses.72 applicants for recreational licenses are category that operated for the entire Currently, there are approximately individuals. Approximately 47,750 ship year.63 Of this total, 804 firms had 24,000 Private Paging site-specific station licensees, who hold employment of 999 or fewer employees, licenses and 74,000 Common Carrier approximately 56,250 ship station and three firms had employment of Paging licenses. According to the licenses, and approximately 27,700 1,000 employees or more.64 Thus, under Commission’s Trends in Telephone aircraft station licensees, who hold this category, the majority of firms can Service, 375 such carriers reported that approximately 32,000 aircraft station be considered small. they were engaged in the provision of licenses, operate domestically and are 73 not subject to the radio carriage 75. In the Paging Third Report and either paging or ‘‘messaging service.’’ requirements of any statute or treaty. Order, the Commission developed a Of these, the Commission estimates that For purposes of our evaluations in this small business size standard for ‘‘small 370 are small, under the SBA-approved 74 analysis, the Commission estimates that businesses’’ and ‘‘very small businesses’’ small business size standard. The there are up to approximately 75,450 for purposes of determining their Commission estimates that the majority licensees that are small businesses (or eligibility for special provisions such as of private and common carrier paging providers would qualify as small individuals) under the SBA standard. In bidding credits and installment entities under the SBA definition. addition, between December 3, 1998 payments.65 A ‘‘small business’’ is an 76. Air-Ground Radiotelephone and December 14, 1998, the entity that, together with its affiliates Service. The Commission uses the SBA Commission held an auction of 42 VHF and controlling principals, has average definition of small business size Public Coast licenses in the 157.1875– gross revenues not exceeding $15 applicable to Wireless 157.4500 MHz (ship transmit) and million for the preceding three years. Telecommunications Carriers (except 161.775–162.0125 MHz (coast transmit) Additionally, a ‘‘very small business’’ is satellite), i.e., an entity employing no bands. For purposes of the auction, the an entity that, together with its affiliates more than 1,500 persons.75 There are Commission defined a ‘‘small’’ business and controlling principals, has average as an entity that, together with gross revenues that are not more than $3 66 See Letter to Amy Zoslov, Chief, Auctions and controlling interests and affiliates, has Industry Analysis Division, Wireless average gross revenues for the preceding 58 Telecommunications Bureau, FCC, from A. Alvarez, See ‘‘Auction of 700 MHz Band Licenses three years not to exceed $15 million. In Closes,’’ Public Notice, 23 FCC Rcd 4572 (WTB Administrator, SBA (Dec. 2, 1998) (SBA Dec. 2, 2008). 1998 Letter). addition, a ‘‘very small’’ business is one 59 See fcc.gov Web site at http://wireless.fcc.gov/ 67 Revision of Part 22 and Part 90 of the that, together with controlling interests auctions/ Commission’s Rules to Facilitate Future and affiliates, has average gross default.htm?job=auction_summary&id=73. Development of Paging Systems, Memorandum revenues for the preceding three years 60 13 CFR 121.201, NAICS code 517211. Opinion and Order on Reconsideration and Third Report and Order, 14 FCC Rcd 10030, paras. 98–107 not to exceed $3 million.77 There are 61 13 CFR 121.201, North American Industry (1999). Classification System (NAICS) code 517210. approximately 6,100 Marine Coast 68 Id. at 10085, para. 98. 62 Id. Service licenses, held by approximately 69 See ‘‘929 and 931 MHz Paging Auction Closes,’’ 63 U.S. Census Bureau, 2002 Economic Census, 3,600 licensees, and the Commission Public Notice, 15 FCC Rcd 4858 (WTB 2000). Subject Series: Information, ‘‘Establishment and 70 estimates that almost all of them qualify Firm Size (Including Legal Form of Organization,’’ See id. 71 See ‘‘Lower and Upper Paging Band Auction as ‘‘small’’ businesses under the above Table 5, NAICS code 517211 (issued Nov. 2005). special small business size standards. 64 Id. The census data do not provide a more Closes,’’ Public Notice, 16 FCC Rcd 21821 (WTB precise estimate of the number of firms that have 2002). 78. Fixed Microwave Services. Fixed 72 See ‘‘Lower and Upper Paging Bands Auction employment of 1,500 or fewer employees; the microwave services include common largest category provided is for firms with ‘‘1,000 Closes,’’ Public Notice, 18 FCC Rcd 11154 (WTB employees or more.’’ 2003). 65 Amendment of Part 90 of the Commission’s 73 See Trends in Telephone Service, Industry 76 Id. Rules to Provide for the Use of the 220–222 MHz Analysis Division, Wireline Competition Bureau, 77 Amendment of the Commission’s Rules Band by the Private Land Mobile Radio Service, PR Table 5.3 (Number of Telecommunications Service Concerning Maritime Communications, PR Docket Docket No. 89–552, Third Report and Order and Providers by Size of Business) (June 2005). No. 92–257, Third Report and Order and Fifth Notice of Proposed Rulemaking, 12 FCC Rcd 74 13 CFR 121.201, NAICS code 517210. Memorandum Opinion and Order, 13 FCC Rcd 10943, 11068–70, paras. 291–295 (1997). 75 Id. 19853 (1998).

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carrier,78 private operational-fixed,79 licensee in this service. The broadband services to residential and broadcast auxiliary radio services.80 Commission uses the SBA definition subscribers.89 These services, At present, there are approximately applicable to Wireless collectively referred to as ‘‘wireless 31,428 common carrier fixed licensees Telecommunications Carriers (except cable,’’ were originally designed for the and 79,732 private operational-fixed satellite), i.e., an entity employing no delivery of multichannel video licensees and broadcast auxiliary radio more than 1,500 persons.83 The programming, similar to that of licensees in the microwave services. Commission is unable to estimate at this traditional cable systems, but over the The Commission has not created a size time the number of licensees that would past several years licensees have standard for a small business qualify as small entities under the SBA focused their operations instead on specifically with respect to fixed definition. The Commission assumes, providing two-way high-speed Internet microwave services. For purposes of for purposes of this analysis, that the access services.90 The Commission this analysis, the Commission uses the licensee is a small entity, as that term estimates that the number of wireless SBA small business size standard for the is defined by the SBA. cable subscribers is approximately category ‘‘Wireless Telecommunications 80. 39 GHz Service. The Commission 100,000, as of March 2005. The SBA Carriers (except satellite),’’ which created a special small business size small business size standard for the provides that a small business is a standard for 39 GHz licenses—an entity broad census category of Cable and wireless company employing no more that has average gross revenues of $40 Other Program Distribution, which than 1,500 persons.81 The Commission million or less in the three previous consists of such entities generating does not have data specifying the calendar years.84 An additional size $13.5 million or less in annual receipts, number of these licensees that have standard for ‘‘very small business’’ is: an appears applicable to MDS and ITFS.91 more than 1,500 employees, and thus is entity that, together with affiliates, has Note that the census category of ‘‘Cable unable at this time to estimate with average gross revenues of not more than and Other Program Distribution’’ is no greater precision the number of fixed $15 million for the preceding three longer used and has been superseded by microwave service licensees that would calendar years.85 The SBA has approved the larger category ‘‘Wireless qualify as small business concerns these small business size standards.86 Telecommunications Carriers (except under the SBA’s small business size The auction of the 2,173 39 GHz satellite).’’ This category provides that a standard. Consequently, the licenses began on April 12, 2000, and small business is a wireless company Commission estimates that there are up closed on May 8, 2000. The 18 bidders employing no more than 1,500 to 31,428 common carrier fixed who claimed small business status won persons.92 However, since currently licensees and up to 79,732 private 849 licenses. Consequently, the available data was gathered when ‘‘Cable operational-fixed licensees and Commission estimates that 18 or fewer and Other Program Distribution’’ was broadcast auxiliary radio licensees in 39 GHz licensees are small entities that the relevant category, earlier Census the microwave services that may be may be affected by the rules and polices Bureau data collected under the small and may be affected by the rules adopted herein. category of ‘‘Cable and Other Program and policies adopted herein. The 81. Broadband Radio Service and Distribution’’ will be used here. Other Commission notes, however, that the Educational Broadband Service. The standards also apply, as described. common carrier microwave fixed Broadband Radio Service (‘‘BRS’’), 82. The Commission has defined licensee category includes some large formerly known as the Multipoint small MDS (now BRS) entities in the entities. Distribution Service (‘‘MDS’’),87 and the context of Commission license auctions. 79. Offshore Radiotelephone Service. Educational Broadband Service (‘‘EBS’’), In the 1996 MDS auction,93 the This service operates on several UHF formerly known as the Instructional Commission defined a small business as television broadcast channels that are Television Fixed Service (‘‘ITFS’’),88 use an entity that had annual average gross not used for television broadcasting in 2 GHz band frequencies to transmit revenues of less than $40 million in the the coastal areas of states bordering the video programming and provide previous three calendar years.94 This Gulf of Mexico.82 There is presently one definition of a small entity in the 83 13 CFR 121.201, NAICS code 517210. context of MDS auctions has been 78 See 47 CFR 101 et seq. (formerly, part 21 of the 84 See Amendment of the Commission’s Rules approved by the SBA.95 In the MDS Commission’s Rules) for common carrier fixed Regarding the 37.0–38.6 GHz and 38.6–40.0 GHz auction, 67 bidders won 493 licenses. Of microwave services (except Multipoint Distribution Bands, ET Docket No. 95–183, Report and Order, 63 Service). FR 6079 (Feb. 6, 1998). the 67 auction winners, 61 claimed 79 Persons eligible under parts 80 and 90 of the 85 Id. status as a small business. At this time, Commission’s Rules can use Private Operational- 86 See Letter to Kathleen O’Brien Ham, Chief, the Commission estimates that of the 61 Fixed Microwave services. See 47 CFR parts 80 and Auctions and Industry Analysis Division, Wireless small business MDS auction winners, 48 90. Stations in this service are called operational- Telecommunications Bureau, FCC, from Aida remain small business licensees. In fixed to distinguish them from common carrier and Alvarez, Administrator, SBA (Feb. 4, 1998). public fixed stations. Only the licensee may use the 87 See 47 CFR part 21, subpart K; Amendment of addition to the 48 small businesses that operational-fixed station, and only for Parts 1, 21, 73, 74 and 101 of the Commission’s hold BTA authorizations, there are communications related to the licensee’s Rules to Facilitate the Provision of Fixed and hundreds of MDS licensees and wireless commercial, industrial, or safety operations. Mobile Broadband Access, Educational and Other cable operators that did not receive their 80 Auxiliary Microwave Service is governed by Advanced Services in the 2150–2162 and 2500– part 74 of Title 47 of the Commission’s rules. See 2690 MHz Bands; Part 1 of the Commission’s 89 47 CFR part 74. This service is available to licensees Rules—Further Competitive Bidding Procedures; See Annual Assessment of the Status of of broadcast stations and to broadcast and cable Amendment of Parts 21 and 74 to Enable Competition in the Market for the Delivery of Video network entities. Broadcast auxiliary microwave Multipoint Distribution Service and the Programming, Eleventh Annual Report, 20 FCC Rcd ‘‘ stations are used for relaying broadcast television Instructional Television Fixed Service Amendment 2507, 2565 para. 131 (2006) ( 2006 Cable ’’ signals from the studio to the transmitter, or of Parts 21 and 74 to Engage in Fixed Two-Way Competition Report ). 90 between two points such as a main studio and an Transmissions; Amendment of Parts 21 and 74 of Id. auxiliary studio. The service also includes mobile the Commission’s Rules With Regard to Licensing 91 13 CFR 121.201, NAICS code 515210. television pickups, which relay signals from a in the Multipoint Distribution Service and in the 92 13 CFR 121.201, NAICS code 517210. remote location back to the studio. Instructional Television Fixed Service for the Gulf 93 MDS Auction No. 6 began on November 13, 81 13 CFR 121.201, NAICS code 517210. of Mexico, 19 FCC Rcd 14165 (2004) (‘‘MDS/ITFS 1995, and closed on March 28, 1996. (67 Bidders 82 This service is governed by Subpart I of Part Order’’). won 493 licenses.) 22 of the Commission’s rules. See 47 CFR 22.1001 88 See 47 CFR part 74, subpart I; MDS/ITFS Order, 94 47 CFR 21.961(b)(1). through 22.1037. 19 FCC Rcd 14165 (2004). 95 See ITFS Order, 10 FCC Rcd at 9589.

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licenses as a result of the MDS auction auctions.101 There were 93 winning many, and perhaps most, of the licenses and that fall under the former SBA bidders that qualified as small entities may be awarded to small businesses. small business size standard for Cable in the LMDS auctions. A total of 93 86. 24 GHz—Incumbent Licensees. and Other Program Distribution.96 small and very small business bidders This analysis may affect incumbent Information available to us indicates won approximately 277 A Block licensees who were relocated to the 24 that there are approximately 850 of licenses and 387 B Block licenses. On GHz band from the 18 GHz band, and these licensees and operators that do not March 27, 1999, the Commission re- applicants who wish to provide services generate revenue in excess of $13.5 auctioned 161 licenses; there were 40 in the 24 GHz band. The applicable SBA million annually. Therefore, the winning bidders. small business size standard was formerly that of ‘‘Cellular and Other Commission estimates that there are 85. 218–219 MHz Service. The first Wireless Telecommunications’’ approximately 850 of these small entity auction of 218–219 MHz (previously MDS (or BRS) providers, as defined by companies. Note that the census referred to as the Interactive and Video category of ‘‘Cellular and Other Wireless the SBA and the Commission’s auction Data Service or IVDS) spectrum resulted rules. Telecommunications’’ is no longer used in 178 entities winning licenses for 594 and has been superseded by the larger 83. Educational institutions are Metropolitan Statistical Areas category ‘‘Wireless Telecommunications included in this analysis as small 102 (‘‘MSAs’’). Of the 594 licenses, 567 Carriers (except satellite).’’ This category entities; however, the Commission has were won by 167 entities qualifying as provides that a small business is a not created a specific small business small businesses. For that auction, the wireless company employing no more size standard for ITFS (now EBS).97 The Commission defined a small business as than 1,500 persons.107 However, since Commission estimates that there are an entity that, together with its affiliates, currently available data was gathered currently 2,452 EBS licenses, held by has no more than a $6 million net worth when ‘‘Cellular and Other Wireless 1,524 EBS licensees, and all but 100 of and, after federal income taxes Telecommunications’’ was the relevant the licenses are held by educational (excluding any carry over losses), has no category, earlier Census Bureau data institutions. Thus, the Commission more than $2 million in annual profits collected under the category of ‘‘Cellular estimates that at least 1,424 EBS each year for the previous two years.103 and Other Wireless licensees are small entities. In the 218–219 MHz Report and Order Telecommunications’’ will be used here. 84. Local Multipoint Distribution and Memorandum Opinion and Order, The Commission believes that there are Service. Local Multipoint Distribution the Commission defined a small only two licensees in the 24 GHz band Service (LMDS) is a fixed broadband business as an entity that, together with that were relocated from the 18 GHz point-to-multipoint microwave service its affiliates and persons or entities that band, Teligent 108 and TRW, Inc. It is that provides for two-way video hold interests in such an entity and our understanding that Teligent and its telecommunications.98 The auction of their affiliates, has average annual gross related companies have fewer than the 986 Local Multipoint Distribution revenues not exceeding $15 million for 1,500 employees, though this may Service (LMDS) licenses began on the preceding three years.104 A very change in the future. TRW is not a small February 18, 1998, and closed on March small business is defined as an entity entity. Thus, only one incumbent 25, 1998. The Commission established a that, together with its affiliates and licensee in the 24 GHz band is a small small business size standard for LMDS persons or entities that hold interests in business entity. licenses as an entity that has average such an entity and its affiliates, has 87. 24 GHz—Future Licensees. With gross revenues of less than $40 million average annual gross revenues not respect to new applicants in the 24 GHz in the three previous calendar years.99 exceeding $3 million for the preceding band, the small business size standard An additional small business size three years.105 The SBA has approved of for ‘‘small business’’ is an entity that, standard for ‘‘very small business’’ was these definitions.106 A subsequent together with controlling interests and added as an entity that, together with its auction is not yet scheduled. Given the affiliates, has average annual gross affiliates, has average gross revenues of success of small businesses in the revenues for the three preceding years not more than $15 million for the previous auction, and the prevalence of not in excess of $15 million.109 ‘‘Very preceding three calendar years.100 The small businesses in the subscription small business’’ in the 24 GHz band is SBA has approved these small business television services and message an entity that, together with controlling size standards in the context of LMDS communications industries, the interests and affiliates, has average gross Commission assumes for purposes of revenues not exceeding $3 million for 110 96 Hundreds of stations were licensed to this analysis that in future auctions, the preceding three years. The SBA incumbent MDS licensees prior to implementation has approved these small business size of Section 309(j) of the Communications Act of standards.111 These size standards will 1934, 47 U.S.C. 309(j). For these pre-auction 101 See Letter to Dan Phythyon, Chief, Wireless licenses, the applicable standard is SBA’s small Telecommunications Bureau, FCC, from Aida apply to the future auction, if held. business size standard for ‘‘Cable and Other Alvarez, Administrator, SBA (Jan. 6, 1998). Program Distribution’’ (annual receipts of $13.5 102 See ‘‘Interactive Video and Data Service 107 13 CFR 121.201, NAICS code 517210. million or less). See 13 CFR 121.201, NAICS code (IVDS) Applications Accepted for Filing,’’ Public 108 Teligent acquired the DEMS licenses of 515210. Notice, 9 FCC Rcd 6227 (1994). FirstMark, the only licensee other than TRW in the 97 In addition, the term ‘‘small entity’’ under 103 Implementation of Section 309(j) of the 24 GHz band whose license has been modified to SBREFA applies to small organizations (nonprofits) Communications Act—Competitive Bidding, PP require relocation to the 24 GHz band. and to small governmental jurisdictions (cities, Docket No. 93–253, Fourth Report and Order, 9 FCC 109 Amendments to Parts 1, 2, 87 and 101 of the counties, towns, townships, villages, school Rcd 2330 (1994). 59 FR 24947 (May 13, 1994). Commission’s Rules to License Fixed Services at 24 districts, and special districts with populations of 104 Amendment of Part 95 of the Commission’s GHz, Report and Order, 15 FCC Rcd 16934, 16967 less than 50,000). 5 U.S.C. 601(4) through (6). The Rules to Provide Regulatory Flexibility in the 218– (2000); see also 47 CFR 101.538(a)(2). Commission does not collect annual revenue data 219 MHz Service, WT Docket No. 98–169, Report 110 Amendments to Parts 1, 2, 87 and 101 of the on EBS licensees. and Order and Memorandum Opinion and Order, Commission’s Rules to License Fixed Services at 24 98 See Local Multipoint Distribution Service, 15 FCC Rcd 1497 64 FR 59656 (Nov. 3, 1999). GHz, Report and Order, 15 FCC Rcd 16934, 16967 Second Report and Order, 12 FCC Rcd 12545 105 Id. (2000); see also 47 CFR 101.538(a)(1). (1997). 106 See Letter from Aida Alvarez, Administrator, 111 See Letter to Margaret W. Wiener, Deputy 99 Id. SBA, to Daniel Phythyon, Chief, WTB, FCC (Jan. 6, Chief, Auctions and Industry Analysis Division, 100 See id. 1998) (‘‘Alvarez to Phythyon Letter 1998’’). Continued

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88. Private Land Mobile Radio. Private 91. Location and Monitoring Service preceding three calendar years.120 The Land Mobile Radio (‘‘PLMR’’) systems (‘‘LMS’’). Multilateration LMS systems SBA has approved of these serve an essential role in a range of use non-voice radio techniques to definitions.121 The majority of these industrial, business, land transportation, determine the location and status of entities will most likely be licensed in and public safety activities. These mobile radio units. For purposes of bands where the Commission has radios are used by companies of all sizes auctioning LMS licenses, the implemented a geographic area operating in all U.S. business categories. Commission has defined ‘‘small licensing approach that would require The SBA has not developed a definition business’’ as an entity that, together with the use of competitive bidding of small entity specifically applicable to controlling interests and affiliates, has procedures to resolve mutually PLMR licensees due to the vast array of average annual gross revenues for the exclusive applications. The PLMR users. Therefore, solely for preceding three years not to exceed $15 Commission’s licensing database purposes of citing to currently available million.116 A ‘‘very small business’’ is indicates that, as of April 16, 2010, there data, the Commission will use a defined as an entity that, together with were a total of 11,653 site-based MAS superseded SBA definition applicable to controlling interests and affiliates, has station authorizations. Of these, 58 Cellular and Other Wireless average annual gross revenues for the authorizations were associated with Telecommunications. Note that the preceding three years not to exceed $3 common carrier service. In addition, the census category of ‘‘Cellular and Other million.117 These definitions have been Commission’s licensing database Wireless Telecommunications’’ is no approved by the SBA.118 An auction for indicates that, as of April 16, 2010, there longer used and has been superseded by LMS licenses commenced on February were a total of 3,330 EA market area the larger category ‘‘Wireless 23, 1999, and closed on March 5, 1999. MAS authorizations. Telecommunications Carriers (except Of the 528 licenses auctioned, 289 satellite).’’ This category provides that a licenses were sold to four small 93. With respect to the second small business is a wireless company businesses. The Commission concludes category, which consists of entities that employing no more than 1,500 that the number of LMS licensees use, or seek to use, MAS spectrum to persons.112 However, since currently affected by this Report and Order accommodate their own internal available data was gathered when includes these four entities. The communications needs, MAS serves an ‘‘Cellular and Other Wireless Commission cannot accurately predict essential role in a range of industrial, Telecommunications’’ was the relevant the number of remaining licenses that safety, business, and land transportation category, earlier Census Bureau data could be awarded to small entities in activities. MAS radios are used by collected under the category of ‘‘Cellular future LMS auctions. In addition, there companies of all sizes, operating in and Other Wireless are numerous site-by-site non- virtually all U.S. business categories, Telecommunications’’ will be used here. multilateration licensees, and the and by all types of public safety entities. 89. The Commission is unable at this Commission does not know how many For the majority of private internal time to estimate the number of small of these providers have annual revenues users, the definitions developed by the businesses which could be impacted by of no more than $15 million. The SBA would be more appropriate than the rules. The Commission’s 1994 Commission assumes, for purposes of the Commission’s definition. The Annual Report on PLMRs 113 indicates this analysis, that all of these licenses applicable definition of small entity in that at the end of fiscal year 1994 there are held by small entities, as that small this instance appears to be the ‘‘Wireless were 1,087,267 licensees operating business size standard is established by Telecommunications Carriers (except 12,481,989 transmitters in the PLMR the SBA. satellite)’’ definition under the SBA 122 bands below 512 MHz. Because any 92. Multiple Address Systems. Entities rules. Under that SBA category, a entity engaged in a commercial activity using Multiple Address Systems (MAS) business is small if it has 1,500 or fewer 123 is eligible to hold a PLMR license, the spectrum, in general, fall into two employees. The Commission’s revised rules in this context could categories: (1) Those using the spectrum licensing database indicates that, as of potentially impact every small business for profit-based uses, and (2) those using April 16, 2010, of the 11,653 total MAS in the United States. the spectrum for private internal uses. station authorizations, 10,773 90. Public Safety Radio Services. With respect to the first category, the authorizations were for private radio Public Safety radio services include Commission defines ‘‘small entity’’ for service. police, fire, local government, forestry MAS licensees as an entity that has 94. Television Broadcasting. The conservation, highway maintenance, average gross revenues of less than $15 proposed rules and policies apply to and emergency medical services. There million in the three previous calendar television broadcast licensees and are a total of approximately 44,083 years.119 ‘‘Very small business’’ is potential licensees of television service. licensees within these services. defined as an entity that, together with The SBA defines a television broadcast Governmental entities 114 as well as its affiliates, has average gross revenues station as a small business if such private businesses comprise the of not more than $3 million for the station has no more than $14 million in licensees for these services. All annual receipts.124 Business concerns governmental entities with populations 116 Amendment of Part 90 of the Commission’s included in this industry are those of less than 50,000 fall within the Rules to Adopt Regulations for Automatic Vehicle ‘‘primarily engaged in broadcasting definition of a small entity.115 Monitoring Systems, Second Report and Order, 13 FCC Rcd 15182 para. 20 (1998); see also 47 CFR 90.1103. 120 Id. Wireless Telecommunications Bureau, FCC, from 117 Id. 121 See Letter to Thomas Sugrue, Chief, Wireless Gary M. Jackson, Assistant Administrator, SBA 118 See Letter to Thomas J. Sugrue, Chief, Wireless Telecommunications Bureau, Federal (July 28, 2000). Telecommunications Bureau, Federal Communications Commission, from Aida Alvarez, 112 13 CFR 121.201, North American Industry Communications Commission, from Aida Alvarez, Administrator, Small Business Administration, Classification System (NAICS) code 517210. Administrator, Small Business Administration (Feb. dated June 4, 1999. 113 Federal Communications Commission, 60th 22, 1999). 122 13 CFR 121.201, North American Industry Annual Report, Fiscal Year 1994, at paragraph 116. 119 See Amendment of the Commission’s Rules Classification System (NAICS) code 517210. 114 47 CFR 1.1162. Regarding Multiple Address Systems, Report and 123 Id. 115 5 U.S.C. 601(5). Order, 15 FCC Rcd 11956, 12008 para. 123 (2000). 124 See 13 CFR 121.201, NAICS Code 515120.

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images together with sound.’’ 125 The any television station from the Commission staff review of the BIA/ Commission has estimated the number definition of a small business on this Kelsey Master Access Radio Analyzer of licensed commercial television basis and are therefore over-inclusive to Database on April 7, 2010, about 10,900 stations to be 1,392.126 According to that extent. Also as noted, an additional of 11,200 commercial radio stations (or Commission staff review of the BIA/ element of the definition of ‘‘small about 97 percent) have revenues of $7 Kelsey, MAPro Television Database business’’ is that the entity must be million or less and thus qualify as small (‘‘BIA’’) as of April 7, 2010, about 1,015 independently owned and operated. entities under the SBA definition. The of an estimated 1,380 commercial The Commission notes that it is difficult Commission notes, however, that, in television stations 127 (or about 74 at times to assess these criteria in the assessing whether a business concern percent) have revenues of $14 million or context of media entities and our qualifies as small under the above less and thus qualify as small entities estimates of small businesses to which definition, business (control) under the SBA definition. The they apply may be over-inclusive to this affiliations 134 must be included. Our Commission has estimated the number extent. estimate, therefore, likely overstates the of licensed non-commercial educational 96. Class A TV, LPTV, and TV number of small entities that might be (NCE) television stations to be 390.128 translator stations. The rules and affected by our action, because the The Commission notes, however, that, policies proposed in this Notice include revenue figure on which it is based does in assessing whether a business concern licensees of Class A TV stations, low not include or aggregate revenues from qualifies as small under the above power television (LPTV) stations, and affiliated companies. definition, business (control) TV translator stations, as well as 98. In addition, an element of the affiliations 129 must be included. Our potential licensees in these television definition of ‘‘small business’’ is that the estimate, therefore, likely overstates the services. The same SBA definition that entity not be dominant in its field of number of small entities that might be applies to television broadcast licensees operation. The Commission is unable at affected by our action, because the would apply to these stations. The SBA this time to define or quantify the revenue figure on which it is based does defines a television broadcast station as criteria that would establish whether a not include or aggregate revenues from a small business if such station has no specific radio station is dominant in its affiliated companies. The Commission more than $14 million in annual field of operation. Accordingly, the does not compile and otherwise does receipts.130 Currently, there are estimates of small businesses to which not have access to information on the approximately 537 licensed Class A rules may apply do not exclude any revenue of NCE stations that would stations, 2,386 licensed LPTV stations, radio station from the definition of a permit it to determine how many such and 4,359 licensed TV translators.131 small business on this basis and stations would qualify as small entities. Given the nature of these services, the therefore may be over-inclusive to that 95. In addition, an element of the Commission will presume that all of extent. Also as noted, an additional definition of ‘‘small business’’ is that the these licensees qualify as small entities element of the definition of ‘‘small entity not be dominant in its field of under the SBA definition. The business’’ is that the entity must be operation. The Commission is unable at Commission notes, however, that under independently owned and operated. this time to define or quantify the the SBA’s definition, revenue of The Commission notes that it is difficult criteria that would establish whether a affiliates that are not LPTV stations at times to assess these criteria in the specific television station is dominant should be aggregated with the LPTV context of media entities and our in its field of operation. Accordingly, station revenues in determining whether estimates of small businesses to which the estimates of small businesses to a concern is small. Our estimate may they apply may be over-inclusive to this which rules may apply do not exclude thus overstate the number of small extent. entities since the revenue figure on 99. FM translator stations and low 125 Id. This category description continues, which it is based does not include or power FM stations. The proposed rules ‘‘These establishments operate television aggregate revenues from non-LPTV broadcasting studios and facilities for the and policies could affect licensees of programming and transmission of programs to the affiliated companies. The Commission FM translator and booster stations and public. These establishments also produce or does not have data on revenues of TV low power FM (LPFM) stations, as well transmit visual programming to affiliated broadcast translator or TV booster stations, but television stations, which in turn broadcast the as potential licensees in these radio programs to the public on a predetermined virtually all of these entities are also services. The same SBA definition that schedule. Programming may originate in their own likely to have revenues of less than $14 applies to radio broadcast licensees studios, from an affiliated network, or from external million and thus may be categorized as would apply to these stations. The SBA sources.’’ Separate census categories pertain to small, except to the extent that revenues businesses primarily engaged in producing defines a radio broadcast station as a programming. See Motion Picture and Video of affiliated non-translator or booster small business if such station has no Production, NAICS code 512110; Motion Picture entities should be considered. more than $7 million in annual and Video Distribution, NAICS Code 512120; 97. Radio Broadcasting. The proposed receipts.135 Currently, there are Teleproduction and Other Post-Production rules and policies could apply to radio Services, NAICS Code 512191; and Other Motion approximately 6,155 licensed FM Picture and Video Industries, NAICS Code 512199. broadcast licensees, and potential translator and booster stations and 864 126 See News Release, ‘‘Broadcast Station Totals as licensees of radio service. The SBA licensed LPFM stations.136 Given the of December 31, 2009,’’ 2010 WL 676084 (F.C.C.) defines a radio broadcast station as a nature of these services, the (dated Feb. 26, 2010) (‘‘Broadcast Station Totals’’); small business if such station has no also available at http://www.fcc.gov/mb/. Commission will presume that all of 127 more than $7 million in annual The Commission recognizes that this total 132 differs slightly from that contained in Broadcast receipts. Business concerns included 134 ‘‘[Business concerns] are affiliates of each Station Totals, supra note 446; however, the in this industry are those primarily other when one concern controls or has the power Commission is using BIA’s estimate for purposes of engaged in broadcasting aural programs to control the other or a third party or parties this revenue comparison. by radio to the public.133 According to controls or has to power to control both.’’ 13 CFR 128 See Broadcast Station Totals, supra note 126. 121.103(a)(1). 129 ‘‘[Business concerns] are affiliates of each 135 See 13 CFR 121.201, NAICS Code 515112. 130 other when one concern controls or has the power See 13 CFR 121.201, NAICS Code 515120. 136 See News Release, ‘‘Broadcast Station Totals as to control the other or a third party or parties 131 See Broadcast Station Totals, supra note 126. of December 31, 2009’’ (rel. Feb. 26, 2010) (http: controls or has the power to control both.’’ 13 CFR 132 See 13 CFR 121.201, NAICS Code 515112. //hraunfoss.fcc.gov/edocs_public/attachmatch/ 121.103(a)(1). 133 Id. DOC–296538A1.pdf269784A1.doc).

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these licensees qualify as small entities nationwide.140 As of 2008, out of 814 141 seems certain that some of these cable under the SBA definition. cable operators all but 10, that is 804, system operators are affiliated with 100. Cable Television Systems. The qualify as small cable companies under entities whose gross annual revenues 142 proposed rules and policies could affect this standard. In addition, under the exceed $250,000,000, the Commission is ‘‘ ’’ unable at this time to estimate with cable television systems. Cable Commission’s rules, a small system is a cable system serving 15,000 or fewer greater precision the number of cable television systems fall within the SBA subscribers.143 Current Commission system operators that would qualify as standard for Wired Telecommunication records show 6000 cable systems. Of small cable operators under the Carriers, and in this category a business these 726 have 20,000 subscribers or definition in the Communications Act. is small if it has 1500 or fewer more, based on the same records. The 103. Satellite Telecommunications. 137 employees. This category includes, Commission estimates that there are The category of Satellite among others, cable operators, direct 5,000 small systems based upon this Telecommunications ‘‘comprises broadcast satellite services, fixed- standard. establishments primarily engaged in satellite services, home satellite dish 102. Cable System Operators providing telecommunications services services, multipoint distribution (Telecom Act Standard). The to other establishments in the services, multichannel multipoint Communications Act of 1934, as telecommunications and broadcasting distribution service, Instructional amended, also contains a size standard industries by forwarding and receiving Television Fixed Service, local for small cable system operators, which communications signals via a system of multipoint distribution service, satellite is ‘‘a cable operator that, directly or satellites or reselling satellite 149 master antenna television systems, and through an affiliate, serves in the telecommunications.’’ The category open video systems.138 Since currently aggregate fewer than 1 percent of all has a small business size standard of available data was gathered when ‘‘Cable subscribers in the United States and is $15 million or less in average annual 150 and Other Program Distribution’’ was not affiliated with any entity or entities receipts, under SBA rules. For this category, Census Bureau data for 2002 the relevant category, earlier Census whose gross annual revenues in the show that there were a total of 371 firms Bureau data collected under the aggregate exceed $250,000,000.’’ 144 that operated for the entire year.151 Of category of ‘‘Cable and Other Program There are approximately 63.7 million cable subscribers in the United States this total, 307 firms had annual receipts Distribution’’ will be used here. of under $10 million, and 26 firms had According to Census Bureau data, there today.145 Accordingly, an operator serving fewer than 637,000 subscribers receipts of $10 million to are 1,311 total cable and other pay $24,999,999.152 Consequently, the shall be deemed a small operator if its television service firms that operate Commission estimates that the majority annual revenues, when combined with throughout the year of which 1,180 have of Satellite Telecommunications firms the total annual revenues of all its less than $10 million in revenue.139 are small entities that might be affected affiliates, do not exceed $250 million in Consequently, the Commission by its action. the aggregate.146 Based on available estimates that the majority of providers 104. All Other Telecommunications. data, the Commission finds that the in this service category are small Satellite-related businesses within this number of cable operators serving businesses that may be affected by the category include ‘‘establishments 637,000 subscribers or less is also primarily engaged in providing rules and policies adopted herein. The 804.147 The Commission notes that the Commission addresses below each specialized telecommunications Commission neither requests nor services, such as satellite tracking, service individually to provide a more collects information on whether cable precise estimate of small entities. communications telemetry, and radar system operators are affiliated with station operation. This industry also 101. Cable System Operators (Rate entities whose gross annual revenues includes establishments primarily 148 Regulation Standard). The Commission exceed $250 million. Although it engaged in providing satellite terminal has developed its own small business stations and associated facilities size standards for the purpose of cable 140 47 CFR 76.901(e). The Commission determined that this size standard equates connected with one or more terrestrial rate regulation. Under the Commission’s approximately to a size standard of $100 million or systems and capable of transmitting rules, a ‘‘small cable company’’ is one less in annual revenues. The Commission telecommunications to, and receiving serving 400,000 or fewer subscribers developed this definition based on its telecommunications from, satellite determination that a small cable system operator is systems.’’ 153 For this category, Census one with annual revenues of $100 million or less. See Implementation of Sections of the 1992 Cable Bureau data for 2002 show that there Act: Rate Regulation, Sixth Report and Order and were a total of 332 firms that operated Eleventh Order on Reconsideration, 10 FCC Rcd for the entire year.154 Of this total, 303 137 13 CFR 121.201 (NAICS Code 517110). This 7393, 7408 (1995). NAICS Code applies to all services listed in this 141 Cable MSO Ownership, A Geographical cable operator pursuant to Section 76.901(f) of the Analysis, 2009 Edition, 14–31, SNL Kagan (June paragraph. Commission’s rules. See 47 CFR 76.901(f). 2009). 138 Those MVPDs relying primarily or exclusively 149 142 U.S. Census Bureau, 2007 NAICS Definitions, on satellite transmission could also be considered Id. at 12. ‘‘517410 Satellite Telecommunications’’; http:// 143 to fall under the ‘‘Satellite Telecommunications’’ 47 CFR 76.901(c). www.census.gov/naics/2007/def/ND517410.HTM. category. 13 CFR 121.201 (NAICS Code 517410). 144 47 U.S.C. 543(m)(2); see 47 CFR 76.901(f) & 150 13 CFR 121.201, NAICS code 517410. nn. 1–3.). 139 Economics and Statistics Administration, 151 U.S. Census Bureau, 2002 Economic Census, 145 See Cable TV Investor: Deals & Finance, No. Bureau of Census, U.S. Department of Commerce, Subject Series: Information, ‘‘Establishment and 655, SNL Kagan, March 31, 2009, at 6. ’’ 1997 Economic Census, Subject Series— Firm Size (Including Legal Form of Organization), 146 47 CFR 76.901(f); see Public Notice, FCC Table 4, NAICS code 517410 (issued Nov. 2005). Establishment and Firm Size, Information Sector Announces New Subscriber Count for the 152 Id. An additional 38 firms had annual receipts 51, Table 4 at 50 (2000). The amount of $10 million Definition of Small Cable Operator, DA 01–158 of $25 million or more. was used to estimate the number of small business (Cable Services Bureau, Jan. 24, 2001). 153 U.S. Census Bureau, 2007 NAICS Definitions, firms because the relevant Census categories 147 Cable MSO Ownership at 12. ‘‘517919 All Other Telecommunications’’; http:// stopped at $9,999,999 and began at $10,000,000. No 148 The Commission does receive such www.census.gov/naics/2007/def/ category for $1412.5 million existed. Thus, the information on a case-by-case basis if a cable ND517919.HTM#N517919. number is as accurate as it is possible to calculate operator appeals a local franchise authority’s 154 U.S. Census Bureau, 2002 Economic Census, with the available information. finding that the operator does not qualify as a small Subject Series: Information, ‘‘Establishment and

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firms had annual receipts of under $10 displayed so that it is conspicuously may further reduce the impact on small million and 15 firms had annual visible and legible from every point of entities while achieving the above receipts of $10 million to ingress/egress to the publicly accessible intended goals. The Commission $24,999,999.155 Consequently, the area nearest the base of the antenna specifically seeks comment on whether Commission estimates that the majority structure, instead of only near the base to further reduce regulatory burdens on of All Other Telecommunications firms of the structure as before. If § 17.4(g) is small entities by amending § 17.17(b) are small entities that might be affected amended, the owner of the structure (redesignated as § 17.24) to provide that by its action. would have to display the Antenna a revised FAA Circular does not impose 105. Non-Licensee Tower Owners. The Structure Registration Number so that it new obligations on already-approved Commission’s rules require that any is conspicuously visible and legible antenna structures. The Commission entity proposing to construct an antenna from potentially multiple locations near seeks comment on whether such structure over 200 feet or within the the base of the antenna structure instead deregulatory action would unduly limit glide slope of an airport must register of only at one location. the Commission’s flexibility and the antenna structure with the 107. The NPRM proposes to amend whether it would afford appropriate Commission on FCC Form 854.156 Thus, § 17.48 by requiring antenna structure deference to the FAA’s expertise and non-licensee tower owners may be owners to provide continuously active how possible alternatives could further subject to any new or additional notice to the FAA of lighting outages to lessen the burden on small businesses requirements adopted in this allow the FAA to timely maintain while achieving these goals. proceeding. As of April 14, 2010, there Notices to Airmen (NOTAMs) or issue 110. In order to clarify the obligations were 103,444 registration records in a new NOTAMs, as necessary. of antenna structure owners and ‘Constructed’ status and 13,291 Specifically, if the lights cannot be conform the Commission’s regulations registration records in a ‘Granted, Not repaired within 15 days, the owner shall to Commission and FAA practice, the Constructed’ status in the Antenna notify the FAA to extend the outage date Commission proposes adding new Structure Registration (ASR) database. and report a return to service date. The sections to § 17.4 specifying that any This includes both towers registered to owner will repeat this process every 15 change in height of one foot or greater, licensees and towers registered to non- days until the lights are repaired. If the any change in coordinates of one second licensee tower owners. The Commission amendment to § 17.48 is adopted, the or greater, or any change in marking and does not keep information from which owner of the structure would have to lighting specifications requires prior the Commission can easily determine provide continuously active notice to approval from the FAA and the how many of these towers are registered the FAA of lighting outages, instead of Commission. These proposed changes to non-licensees or how many non- the one time notice currently required. are intended both to promote aircraft licensees have registered towers.157 In 108. Although § 17.49 of the rules navigation safety and to ease regulatory addition, the Commission does not keep requires antenna structure owners to burdens by streamlining regulations and data on businesses with annual revenue maintain a record of observed or reducing confusion. The Commission over $25 million. Moreover, the SBA otherwise known extinguishments or also proposes to consider whether to has not developed a size standard for improper functioning of structure lights, specify accuracy standards or survey small businesses in the category ‘‘Tower it does not currently specify how long methods in order to ensure consistency Owners.’’ Therefore, the Commission is the record should be kept or what is to of data. The Commission seeks to hear unable to estimate the number of non- be done with it. The Notice proposes about alternative rules that would licensee tower owners that are small that the record be kept for two years and achieve the same goals while reducing entities. However, because these that it be provided to the Commission burdens to small business. regulations impact tower owners, the upon request. If adopted, antenna 111. The Commission proposes to Commission is choosing a category structure owners would be required to delete §§ 17.7 and 17.14 of the related to our jurisdiction because of the keep their records for two years and Commission’s rules, which are nexus between our regulatory function provide them to the Commission upon restatements of FAA rules, and to and telecommunications with respect to request. substitute cross-references to relevant FAA rules in § 17.4 of the Commission’s towers. The Commission will assume 5. Steps Taken To Minimize Significant rules. This change could ease burdens that nearly all non-licensee tower Economic Impact on Small Entities, and on regulated entities, including small companies are small businesses under Significant Alternatives Considered the SBA’s definition for ‘‘All Other businesses, by reducing the risk of Telecommunications.’’ 158 109. The Commission proposes to confusion in the event the FAA were to amend § 17.4(a) and §§ 17.21, 17.22 change its criteria. The Commission 4. Description of Projected Reporting, (redesignated as § 17.21(c)), and 17.23 seeks any alternatives to these proposed Recordkeeping and Other Compliance and delete § 17.17(a) of the changes that would further reduce Requirements Commission’s rules regarding antenna burdens on small business while 106. This NPRM proposes to amend structure registration and painting and achieving these goals. § 17.4(g) by requiring that the Antenna lighting specifications. The Commission 112. The Commission proposes to Structure Registration Number be also proposes conforming edits to amend its rules governing inspection §§ 1.61(a)(5) and 17.1(b). These and maintenance of lighting by: (1) Firm Size Including Legal Form of Organization),’’ proposed changes are intended both to Amending § 17.47 to eliminate or Table 4, NAICS code 517910 (issued Nov. 2005). promote aircraft navigation safety and reduce requirements to perform 155 Id. An additional 14 firms had annual receipts of $25 million or more. also to reduce regulatory burdens on inspections of lighting and light 156 47 CFR 17.4(a), 17.7(a). small entities by clarifying the monitoring systems; (2) amending 157 The Commission notes, however, that relationship between the Commission’s § 17.48(a) to require antenna structure approximately 13,000 towers are registered to 10 rules and procedures and those of the owners to provide continuously active cellular carriers with 1,000 or more employees. FAA and ensuring continued notice to the FAA of lighting outages; 158 13 CFR 121.201, North American Industry consistency in those rules and and (3) deleting vague references to Classification System (NAICS) code 517919. Under this category, a business is small if it has 1,500 or procedures. The Commission asks timely repair timeframes in §§ 17.48(b) fewer employees. commenters to suggest alternatives that and 17.56(a). The Commission seeks to

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receive suggestions as to possible 116. The Commission proposes to denial of Federal benefits under the alternatives in this area that would best amend § 17.2(a) of the Commission’s Anti-Drug Abuse Act of 1988. The balance the goal of eliminating rules to clarify both when a structure Commission proposes to amend these unnecessary regulatory burdens with becomes, and when a structure ceases to rules to allow the alternative of the imperative to preserve aircraft be, an ‘‘antenna structure’’ under its providing a link to the Commission’s navigation safety, while reducing the rules. The Commission also proposes to antenna structure registration Web site burden on small entities. amend § 17.2(c) of the Commission’s via paper or electronic mail. The 113. The Commission proposes to rules to clarify that the obligations of an Commission tentatively concludes that delete §§ 17.45, 17.51, and 17.56(b), ‘‘antenna structure owner’’ fall only on this proposal would best reduce the which set forth specific requirements for the owner of the underlying structure, burden on regulated entities, including exhibiting and maintaining lights, and not on tenants, thus promoting small businesses, while ensuring that because they are unnecessary and may clarity for all parties. The Commission tenant licensees and permittees remain create ambiguity in cases of conflict seeks to receive alternate proposals that informed. Thus, the Commission with FAA specifications. These address the effects of these proposed determined not to propose eliminating proposed changes are intended both to rule changes in general, and more this requirement altogether or simply promote aircraft navigation safety and to specifically on small entities. requiring antenna structure owners to ease regulatory burdens on all regulated 117. The Commission asks provide their tenants with the ASR entities by streamlining regulations and commenters to address alternatives number. The Commission seeks reducing confusion. The Commission regarding whether the rules concerning alternative proposals that would achieve determined not to propose an exception antenna structures should be enforced its goals. to lighting requirements where lights are against voluntarily registered structures, 120. The Commission determined not extinguished due to a loss of power whether owners of antenna structures to propose eliminating § 17.57 to beyond the owner’s control because that do not require registration should increase to five days the time period for such an exception appears inconsistent be prohibited from registering their notifying the Commission of with aircraft navigation safety. The towers, and whether antenna structure construction, dismantlement, and Commission seeks alternative proposals, owners who have voluntarily registered changes in height or ownership. The if any such proposals would reduce the structures should be required to Commission notes that the existing time burden on small entities. withdraw their registrations from the periods have not been shown to be Commission’s antenna structure inconsistent with FAA requirements 114. § 17.49 requires antenna database. Such action could reduce and that they promote the accuracy of structure owners to maintain a record of confusion by clarifying the regulatory the Commission’s information. The observed or otherwise known status of these structures. The Commission seeks discussion of extinguishments or improper Commission seeks to receive alternate alternate proposals that will reduce functioning of structure lights. The proposals addressing the benefits and burdens on small business, including Commission proposes to add a drawbacks of such action, particularly discussion of any burdens the existing requirement to maintain such records with respect to its impact on antenna rule may impose. for two years and provide the records to structure owners that are small 121. The Commission proposes to the Commission upon request in order businesses. delete § 17.58, which was intended to to balance the Commission’s need to 118. The Commission proposes to promote compliance with procedures determine the compliance record modify § 17.4(g) to require that antenna that are now obsolete. This change against the burden of record retention structure owners display the ASR would streamline the antenna structure on antenna structure owners. The number so that it would be visible to a registration process, thereby easing the Commission tentatively concludes that member of the general public who burden on regulated entities. The this proposal best balances the reaches the closest publicly accessible Commission seeks discussion of any Commission’s need for a compliance location near each point of access to the alternative proposals that would also record against the burden of record antenna structure. The Commission reduce burdens on small entities. retention. The Commission seeks to further proposes to delete the 122. For each of the proposals in the receive alternative proposals based on requirement that the ASR number be Notice, the Commission seeks data regarding the burden this record posted near the base of the antenna discussion, and where relevant, retention would impose on antenna structure. The Commission tentatively alternative proposals, on the effect that structure owners, including the concludes that amending the rule in this each prospective new requirement, or alternative of eliminating the manner would clarify the obligations of alternative rules, might have on small recordkeeping requirement entirely. antenna structure owners, promote entities. For each proposed rule or Such alternative proposals should timely remediation when lighting is alternative, the Commission seeks address the issue of reducing burdens observed to be malfunctioning or discussion about the burden that the on small business. extinguished, and eliminate prospective regulation would impose on 115. The Commission requests unnecessary postings. The Commission small entities and how the Commission comment on whether to amend § 17.50 seeks alternate proposals that would could impose such regulations while to require use of the FAA’s ‘‘In Service best achieve these goals while reducing minimizing the burdens on small Aviation Orange Tolerance Chart’’ to the burdens on small business. entities. For each proposed rule, the determine whether a structure needs to 119. Section 17.4(f) requires that Commission asks whether there are any be cleaned or repainted and to specify antenna structure owners immediately alternatives the Commission could how the chart is to be used. These provide copies of FCC Form 854R implement that could achieve the changes may provide more objective (antenna structure registration) to each Commission’s goals while at the same standards for gauging visibility. The tenant licensee and permittee. Sections time minimizing the burdens on small Commission seeks alternative proposals 17.4(e) and 17.6(c) impose a similar entities. For the duration of this that would achieve this goal while requirement on the first licensee where docketed proceeding, the Commission further reducing the burden on small the antenna structure owner is unable to will continue to examine alternatives business. file Form 854 because it is subject to a with the objectives of eliminating

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unnecessary regulations and minimizing 136. Total Annual Burden: 378,027 of the substance of the presentations any significant economic impact on hours. and not merely a listing of the subjects small entities. 137. Total Annual Costs: $1,287,000. discussed. More than a one or two 138. Privacy Act Impact Assessment: sentence description of the views and 6. Federal Rules That May Duplicate, No impact. arguments presented generally is Overlap, or Conflict With the Proposed 139. Nature and Extent of required. Other requirements pertaining Rules Confidentiality: There is no need for to oral and written presentations are set 123. None. confidentiality. forth in § 1.1206(b) of the Commission’s 140. Needs and Uses: The B. Initial Paperwork Reduction Act rules. Commission is requesting OMB 2. Comment Filing Procedures 124. This document contains approval for disclosure, reporting, and proposed information collection record keeping requirements pertaining 143. Pursuant to §§ 1.415 and 1.419 of requirements. The Commission, as part to part 17 of the Commission’s rules. In the Commission’s rules, 47 CFR 1.415, of its continuing effort to reduce order to clarify the obligations of 1.419, interested parties may file paperwork burdens, invites the general antenna structure owners and conform comments and reply comments on or public and the Office of Management the Commission’s regulations to before the dates indicated on the first and Budget (OMB) to comment on the Commission and FAA practice, the page of this document. All filings information collection requirements Commission proposes changes to certain related to this Notice of Proposed contained in this document, as required sections of the Commission’s part 17 Rulemaking should refer to WT Docket by the Paperwork Reduction Act of rules. These proposed changes are No. 10–88. Comments may be filed 1995, Public Law 104–13. Public and intended both to promote aircraft using: (1) The Commission’s Electronic agency comments are due July 20, 2010. navigation safety and to ease regulatory Comment Filing System (ECFS), (2) the 125. Comments should address: (a) burdens by streamlining regulations and Federal Government’s eRulemaking Whether the proposed collection of reducing confusion. The new Portal, or (3) by filing paper copies. See information is necessary for the proper information collection requirements Electronic Filing of Documents in performance of the functions of the contained in the proposed part 17 Rulemaking Proceedings, 63 FR 24121 Commission, including whether the (1998). amendments are necessary to • information shall have practical utility; implement a uniform registration Electronic Filers: Comments may be (b) the accuracy of the Commission’s process as well as safe and effective filed electronically using the Internet by burden estimates; (c) ways to enhance lighting procedures for owners of accessing the ECFS: http://www.fcc.gov/ the quality, utility, and clarity of the antenna structures. The following are cgb/ecfs/ or the Federal eRulemaking information collected; and (d) ways to the information collection requirements: Portal: http://www.regulations.gov. minimize the burden of the collection of • 17.4(j)—Antenna structure owners Filers should follow the instructions information on the respondents, must display the Antenna Structure provided on the Web site for submitting including the use of automated Registration (ASR) number so that it comments. • ECFS filers must transmit one collection techniques or other forms of would be visible to a member of the electronic copy of the comments for WT information technology. In addition, general public who reaches the closest Docket No. 10–88. In completing the pursuant to the Small Business publicly accessible location near each transmittal screen, filers should include Paperwork Relief Act of 2002, Public point of access to the antenna structure; their full name, U.S. Postal Service Law 107–198, see 44 U.S.C. 3506(c)(4), • 17.48—Antenna structure owners mailing address, and the applicable the Commission seeks specific comment must provide continuously active notice docket number. Parties may also submit on how the Commission might further to the FAA of antenna structure lighting an electronic comment by Internet reduce the information collection outages; e-mail. To get filing instructions, filers burden for small business concerns with • 17.49—Antenna structure owners should send an e-mail to [email protected], fewer than 25 employees. must maintain a record of observed or and include the following words in the 126. OMB Control Number: None. otherwise known extinguishments or body of the message, ‘‘get form.’’ A 127. Title: Part 17 Construction, improper functioning of structure lights sample form and directions will be sent Marking, and Lighting of Antenna for two years and provide the records to Structures. in response. the Commission upon request. • Paper Filers: Parties who choose to 128. Form No.: None. 141. The Commission tentatively file by paper must file an original and 129. Type of Review: New collection. concludes that these collections are four copies of each filing. Filings can be 130. Respondents: Business or other necessary to effectuate the above rule sent by hand or messenger delivery, by for-profit; Not-for-profit institutions; changes that clarify the obligations of commercial overnight courier, or by and State, Local or Tribal Governments. antenna structure owners, ensure 131. Number of Respondents: 22,000. first-class or overnight U.S. Postal aircraft navigation safety when lighting 132. Number of Responses: 258,570. Service mail (although the Commission is observed to be malfunctioning or 133. Estimated Time per Response: .1 continues to experience delays in extinguished, and eliminate hr. to 3 hrs. on average. receiving U.S. Postal Service mail). All unnecessary postings. 134. Frequency of Response: On filings must be addressed to the occasion reporting requirement, C. Other Procedural Matters Commission’s Secretary, Marlene H. recordkeeping requirement and third Dortch, Office of the Secretary, Federal 1. Ex Parte Presentations party disclosure requirement. Communications Commission, 445 12th 135. Obligation to Respond: Required 142. The rulemaking shall be treated Street, SW., Washington, DC 20554. to obtain or retain benefits. Statutory as a ‘‘permit-but-disclose’’ proceeding in • All hand-delivered or messenger- authority for this information collection accordance with the Commission’s ex delivered paper filings for the is contained in sections 4(i), 4(j), 11 and parte rules. Persons making oral ex Commission’s Secretary must be 303(q) of the Communications Act of parte presentations are reminded that delivered to FCC Headquarters at 445 1934, as amended, 47 U.S.C. 154(i) memoranda summarizing the 12th Street, SW., Room TW–A325, through (j), 161, and 303(q). presentations must contain summaries Washington, DC 20554. The filing hours

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at this location are 8 a.m. to 7 p.m. All 47 CFR Part 17 5. Section 17.2 is amended by revising hand deliveries must be held together paragraphs (a), (b) and (c) to read as Aviation safety; Communications with rubber bands or fasteners. Any follows: equipment; Reporting and envelopes must be disposed of before recordkeeping requirements. entering the building. § 17.2 Definitions. • Commercial overnight mail (other Federal Communications Commission. (a) Antenna structure. The term than U.S. Postal Service Express Mail Marlene H. Dortch, antenna structure means a structure that and Priority Mail) must be sent to 9300 Secretary. is constructed or used for the primary purpose of supporting antennas to East Hampton Drive, Capitol Heights, Proposed Rules MD 20743. transmit and/or receive radio energy, • U.S. Postal Service first-class, For the reason discussed in the and any antennas and other Express, and Priority mail must be preamble, the Federal Communications appurtenances mounted thereon, from addressed to 445 12th Street, SW., Commission proposes to amend 47 CFR the time construction of the supporting Washington, DC 20554. parts 1 and 17 as follows: structure begins until such time as the supporting structure is dismantled. 144. Parties should send a copy of PART 1—PRACTICE AND (b) Antenna farm area. A geographical their filings to John Borkowski, Federal PROCEDURE location, with established boundaries, Communications Commission, Room designated by the Federal 6404, 445 12th Street, SW., Washington, 1. The authority citation for part 1 Communications Commission, in which DC 20554, or by e-mail to continues to read as follows: antenna towers with a common impact [email protected]. Parties shall Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. on aviation may be grouped. also serve one copy with the 151, 154(j), 155, 157, 225, and 303(r). Commission’s copy contractor, Best (c) Antenna structure owner. For the Copy and Printing, Inc. (BCPI), Portals 2. Section 1.61 is amended by revising purposes of this part, an antenna II, 445 12th Street, SW., Room CY–B402, paragraph (a)(5) to read as follows: structure owner is the individual or Washington, DC 20554, (202) 488–5300, entity vested with ownership, equitable § 1.61 Procedures for handling or via e-mail to [email protected]. ownership, dominion, or title to the applications requiring special aeronautical underlying structure that supports or is 145. Documents in WT Docket No. study. intended to support antennas and other 10–88 will be available for public (a)* * * appurtenances. Notwithstanding any inspection and copying during business agreements made between the owner hours at the FCC Reference Information (5) Upon receipt of FCC Form 854, and any entity designated by the owner Center, Portals II, 445 12th Street SW., and attached FAA final determination of to maintain the antenna structure, the Room CY–A257, Washington, DC 20554. ‘‘no hazard,’’ the Bureau may prescribe owner is ultimately responsible for The documents may also be purchased antenna structure painting and/or compliance with the requirements of from BCPI, telephone (202) 488–5300, lighting specifications or other this part. facsimile (202) 488–5563, TTY (202) conditions in accordance with the FAA 488–5562, e-mail [email protected]. airspace recommendation. Unless * * * * * otherwise specified by the Bureau, the 6. Revise § 17.4 to read as follows: 3. Accessible Formats antenna structure must conform to the § 17.4 Antenna structure registration. 146. To request materials in accessible FAA’s painting and lighting formats for people with disabilities recommendations set forth in the FAA’s (a) The owner of any proposed or (Braille, large print, electronic files, determination of ‘‘no hazard’’ and the existing antenna structure that requires audio format), send an e-mail to associated FAA study number. The notice of proposed construction to the [email protected] or call the Consumer & Bureau returns a completed Antenna Federal Aviation Administration (FAA) Governmental Affairs Bureau at 202– Structure Registration (FCC Form 854R) must register the structure with the 418–0530 (voice) or 202–418–0432 to the registrant. If the proposed Commission. (See 14 CFR 77.13 for FAA (TTY). structure is disapproved the registrant is notification requirements.) This so advised. includes those structures used as part of V. Ordering Clauses * * * * * stations licensed by the Commission for the transmission of radio energy, or to 147. Accordingly, it is ordered, PART 17—CONSTRUCTION, be used as part of a cable television pursuant to sections 4(i), 4(j), 11 and MARKING, AND LIGHTING OF head end system. If a Federal 303(q) of the Communications Act of ANTENNA STRUCTURES Government antenna structure is to be 1934, as amended, 47 U.S.C. 154(i) used by a Commission licensee, the through (j), 161, 303(q), that this Notice 3. The authority citation for part 17 structure must be registered with the in WT Docket No. 10–88 is adopted. continues to read as follows: Commission. If the FAA exempts an 148. It is further ordered that the Authority: 47 U.S.C. 154, 303. antenna structure from notification, it is Commission’s Consumer & exempt from registration with the Governmental Affairs Bureau, Reference 4. Section 17.1 is amended by revising paragraph (b) to read as follows: Commission. (See 14 CFR 77.15 for FAA Information Center, shall send a copy of exemptions to its notification this Notice, including the Initial § 17.1 Basis and purpose. requirements.) Regulatory Flexibility Analysis, to the * * * * * (1) For a proposed antenna structure Chief Counsel for Advocacy of the Small (b) The purpose of this part is to or alteration of an existing antenna Business Administration. prescribe certain procedures for antenna structure, the owner must register the List of Subjects structure registration and standards structure prior to construction or with respect to the Commission’s alteration. 47 CFR Part 1 consideration of proposed antenna (2) For a structure that did not Reporting and recordkeeping structures which will serve as a guide to originally fall under the definition of requirements. antenna structure owners. ‘‘antenna structure,’’ the owner must

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register the structure prior to hosting a no longer occupy the structure) must Subpart B—Antenna Farm Areas Commission licensee. register the structure using FCC Form (b) Except as provided in paragraph (i) 854, and provide a copy of the Antenna § 17.7 [Removed and Reserved] of this section, each owner must file Structure Registration (FCC Form 854R) 9. Remove and reserve § 17.7. FCC Form 854 with the Commission. to the owner. The owner remains § 17.14 [Removed and Reserved] Additionally, each owner of a proposed responsible for providing to all tenant 10. Remove and reserve § 17.14. structure referred to in paragraph (a) of licensees and permittees notification this section must submit a valid FAA that the structure has been registered, § 17.17 [Removed and Reserved] determination of ‘‘no hazard.’’ In order consistent with paragraph (h) of this 11. Remove and reserve § 17.17. to be considered valid by the section, and for posting the registration 12. Section 17.21 is amended by Commission, the FAA determination of number as required by paragraph (j) of revising the introductory text, revising ‘‘no hazard’’ must not have expired prior this section. paragraph (a) and adding paragraph (c) to the date on which FCC Form 854 is (j) Except as described in paragraph to read as follows: received by the Commission. The height (k) of this section, the Antenna of the structure will include the highest § 17.21 Painting and lighting, when Structure Registration Number must be required. point of the structure including any displayed so that it is conspicuously obstruction lighting or lightning visible and legible from the publicly Antenna structures shall be painted arrester. accessible area nearest the base of the and lighted when: (a) Their height exceeds any (c) Absent Commission specification, antenna structure along the publicly obstruction standard requiring the painting and lighting specifications accessible roadway or path. If the base notification to the FAA (see § 17.4(a)). recommended by the FAA are of the antenna structure has more than mandatory (see § 17.23 of this chapter). one point of ingress/egress, the Antenna * * * * * However, the Commission may specify Structure Registration Number must be (c) If an antenna installation is of such painting and/or lighting requirements posted at the publicly accessible area a nature that its painting and lighting for each antenna structure registration nearest each such point of ingress/ specifications in accordance with the in addition to or different from those egress. Materials used to display the FAA airspace recommendation are specified by the FAA. Antenna Structure Registration Number confusing, or endanger rather than assist (d) Any change in the overall height must be weather-resistant and of airmen, or are otherwise inadequate, the of one foot or greater or coordinates of sufficient size to be easily seen at the Commission will specify the type of one second or greater in longitude or base of the antenna structure or at a painting and lighting or other marking latitude of an antenna structure requires publicly accessible location. to be used in the individual situation. prior approval from the FAA and the Commission. (k) The owner is not required to post § 17.22 [Removed and Reserved] (e) Any change in the marking and the Antenna Structure Registration 13. Remove and reserve § 17.22. lighting specifications described on any Number in cases where a Federal, State, 14. Section 17.23 is revised to read as antenna structure registration requires or local government entity provides follows: prior approval from the FAA and the written notice to the owner that such a posting would detract from the § 17.23 Specifications for painting and Commission. lighting antenna structures. appearance of a historic landmark. In (f) If an Environmental Assessment is Unless otherwise specified by the required under § 1.1307 of this chapter, this case, the owner must make the Antenna Structure Registration Number Commission, each new or altered the Bureau will address the antenna structure must conform to the environmental concerns prior to available to representatives of the Commission, the FAA, and the general FAA’s painting and lighting processing the registration. specifications set forth in the FAA’s (g) If a final FAA determination of ‘‘no public upon reasonable demand. final determination of ‘‘no hazard’’ and hazard’’ is not submitted along with FCC 7. Section 17.6 is amended by revising the associated FAA study for that Form 854, processing of the registration the section heading and paragraph (c), particular structure. For purposes of this may be delayed or disapproved. to read as follows: (h) The Commission shall issue, to the part, any specifications, standards, and registrant, FCC Form 854R, Antenna § 17.6 Responsibility for painting and general requirements set forth by the lighting compliance. Structure Registration, which assigns a FAA in the structure’s determination of unique Antenna Structure Registration * * * * * ‘‘no hazard’’ and the associated FAA Number. The structure owner shall (c) If the owner of the antenna study are mandatory. Additionally, each immediately provide to all tenant structure cannot file FCC Form 854 antenna structure must be painted and licensees and permittees notification because it is subject to a denial of lighted in accordance with any painting that the structure has been registered, federal benefits under the Anti-Drug and lighting requirements prescribed on along with either a copy of Form 854R Abuse Act of 1988, 21 U.S.C. 862, the the antenna structure’s registration, or or the Antenna Structure Registration first licensee authorized to locate on the in accordance with any other Number and a link to the FCC antenna structure must register the structure specifications provided by the structure Web site http:// using FCC Form 854, and provide a Commission. 15. Add § 17.24 to read as follows: wireless.fcc.gov/antenna/. This copy of the Antenna Structure notification may be done electronically Registration (FCC Form 854R) to the § 17.24 Existing structures. or via paper mail. owner. The owner remains responsible No change to painting or lighting (i) If the owner of the antenna for providing to all tenant licensees and criteria or relocation of airports shall at structure cannot file FCC Form 854 permittees notification that the structure any time impose a new restriction upon because it is subject to a denial of has been registered, consistent with any then existing or authorized antenna Federal benefits under the Anti-Drug § 17.4(h), and for posting the registration structure or structures. Abuse Act of 1988, 21 U.S.C. 862, the number as required by § 17.4(j). first tenant licensee authorized to locate 8. Revise the heading to subpart B of § 17.45 [Removed and Reserved] on the structure (excluding tenants that part 17 to read as follows: 16. Remove and reserve § 17.45.

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17. Section 17.48 is revised to read as DEPARTMENT OF COMMERCE All personal identifying information follows: (e.g., name, address, etc.) submitted National Oceanic and Atmospheric voluntarily by the commenter may be § 17.48 Notification of extinguishment or Administration publicly accessible. Do not submit improper functioning of lights. confidential business information, or The owner of any antenna structure 50 CFR Part 665 otherwise sensitive or protected that requires registration of the structure RIN 0648–AX76 information. NMFS will accept with the Commission and has been anonymous comments (enter ‘‘N/A’’ in assigned lighting specifications Fisheries in the Western Pacific; the required fields if you wish to remain referenced in this part shall report Community Development Program anonymous). Attachments to electronic immediately to the Federal Aviation Process comments will be accepted in Microsoft Administration, by means acceptable to Word or Excel, WordPerfect, or Adobe the Federal Aviation Administration, AGENCY: National Marine Fisheries PDF file formats only. any observed or otherwise known Service (NMFS), National Oceanic and Copies of the amendments (which are extinguishment or improper functioning Atmospheric Administration (NOAA), identical for all four FEPs) containing of any top steady burning light or any Commerce. background information on the issue are flashing obstruction light, regardless of ACTION: Notice of availability of fishery available from www.regulations.gov and its position on the antenna structure, ecosystem plan amendments; request for from the Council, 1164 Bishop St., Suite not corrected within 30 minutes. If the comments. 1400, Honolulu, HI 96813, tel 808–522– lights cannot be repaired within 15 8220, fax 808–522–8226, or web site days, the owner shall notify the FAA to SUMMARY: NMFS announces that the www.wpcouncil.org. extend the outage date and report a Western Pacific Fishery Management return to service date. The owner will Council (Council) proposes to amend FOR FURTHER INFORMATION CONTACT: repeat this process every 15 days until the fishery ecosystem plans (FEPs) for Jarad Makaiau, NMFS PIR Sustainable the lights are repaired. Such reports American Samoa, Hawaii, Marianas, Fisheries, 808–944–2108. shall set forth the condition of the light and western Pacific Pelagics. If SUPPLEMENTARY INFORMATION: This or lights, the circumstances which approved by the Secretary of Commerce document is also available at caused the failure, the probable date for (Secretary), the amendments would www.gpoaccess.gov/fr. restoration of service, the FCC Antenna establish requirements and procedures Section 305(i)(2) of the Magnuson- Structure Registration Number, the for reviewing and approving community Stevens Act authorizes the Council and height of the structure (AGL and AMSL development plans for access to western the Secretary, through NMFS, to if known) and the name, title, address, Pacific fisheries. The intent of the establish a community development and telephone number of the person amendments is to promote the program for western Pacific fisheries. making the report. Further notification participation of island communities in The intent of the program is to provide to the Federal Aviation Administration fisheries that they have traditionally western Pacific communities access to by means acceptable to the FAA shall be depended upon, but may not have the fisheries that they have traditionally given immediately upon resumption of capabilities to support continued and depended upon, but may not have the normal operation of the light or lights. substantial participation in, possibly capabilities to support continued and 18. Section 17.49 is amended by due to economic, regulatory, or other substantial participation in, possibly revising the introductory text to read as constraints. due to economic, regulatory, or other follows: constraints. DATES: Comments on the amendments In 2002, NMFS announced the § 17.49 Recording of antenna structure must be received by July 20, 2010. eligibility criteria for participating in the light inspections in the owner record. ADDRESSES: Comments on the program (67 FR 18512; April 16, 2002). The owner of each antenna structure amendments, identified by 0648–AX76, To participate in the program, which is registered with the may be sent to either of the following communities are required to develop Commission and has been assigned addresses: and submit a development plan, but lighting specifications referenced in this • Electronic Submission: Submit all there is currently no mechanism to part must maintain a record of any electronic public comments via the solicit, review, and approve these plans. observed or otherwise known Federal e-Rulemaking Portal To address this issue, the Council extinguishment or improper functioning www.regulations.gov; or developed and submitted to NMFS for of a structure light. This record shall be • Mail: Mail written comments to review, amendments to the FEPs for retained for a period of two years and William L. Robinson, Regional American Samoa, Hawaii, the Mariana provided to the FCC or its agents upon Administrator, NMFS, Pacific Islands Archipelago, and western Pacific request. The record shall include the Region (PIR), 1601 Kapiolani Blvd, Suite Pelagics to establish such a mechanism. following information for each such 1110, Honolulu, HI 96814–4700. The amendments are identical for each event: Instructions: Comments must be FEP. * * * * * submitted to one of these two addresses To be eligible for the community to ensure that the comments are development program, a community § 17.51 [Removed and Reserved] received, documented, and considered must: 19. Remove and reserve § 17.51. by NMFS. Comments sent to any other 1. Be located in American Samoa, address or individual, or received after Guam, Hawaii, or the Northern Mariana § 17.56 [Removed and Reserved] the end of the comment period, may not Islands (collectively, the western 20. Remove and reserve § 17.56. be considered. Comments will be posted Pacific); for public viewing after thecomment 2. Consist of community residents § 17.58 [Removed and Reserved] period has closed. All comments descended from aboriginal people 21. Remove and reserve § 17.58. received are a part of the public record indigenous to the western Pacific area [FR Doc. 2010–12142 Filed 5–20–10; 8:45 am] and will generally be posted to who conducted commercial or BILLING CODE 6712–01–P www.regulations.gov without change. subsistence fishing using traditional

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fishing practices in the waters of the contact information of each person who applicant in writing of the decision to western Pacific; would conduct the proposed fishing approve or disapprove the community 3. Consist of individuals who reside activity, and a description of how the development plan. If the plan is in their ancestral homeland; community and or its members meet approved, the Regional Administrator 4. Have knowledge of customary each of the eligibility criteria. would publish a notice in the Federal practices relevant to fisheries of the If a vessel is to be used by the Register describing the plan’s western Pacific; community to conduct fishing activities, authorized activities. The Regional 5. Have a traditional dependence on the plan must include the vessel name Administrator may attach limiting terms fisheries of the western Pacific; and official number (USCG and conditions to the authorization for 6. Are experiencing economic or other documentation, state, territory, or other proper management and monitoring of constraints that prevent full registration number), length, the fishing activity, including, but not participation in the western Pacific displacement, fish holding capacity, any limited to, catch and trip limits, times fisheries and, in recent years, have not valid federal fishing permit number, and and places where fishing may or may had harvesting, processing or marketing the name and contact information of the not be conducted, vessel monitoring capability sufficient to support owner(s) and operator(s). system, observers, and/or reporting substantial participation in fisheries in The amendments would require the requirements. the area; and Council to review each plan to ensure 7. Develop and submit a community Public comments on the proposed that it meets the intent of Section development plan to the Council and amendments must be received by July 305(i)(2) of the Magnuson-Stevens Act NMFS. 20, 2010 to be considered by NMFS in and contains all of the required Each community development plan the decision to approve, partially information. If the Council finds these must contain the following information: approve, or disapprove the 1. A statement of the purpose and requirements are met, the Council amendments. A proposed rule to goals of the plan; would then forward the plan to the implement the measures recommended 2. A description of, and justification NMFS Regional Administrator for in the amendment has been prepared for for, the proposed fishing activity; review. Secretarial review and approval. NMFS 3. The location of the proposed The Regional Administrator would expect to publish and request public fishing activity; review each plan to ensure it is comment on the proposed rule in the 4. The species to be harvested, consistent with the FEPs, Magnuson- near future. directly and incidentally; Stevens Act, and other applicable laws. Authority: 16 U.S.C. 1801 et seq. 5. The gear type(s) to be used; NMFS would then publish a notice in 6. The frequency and duration of the the Federal Register to solicit public Dated: May 17, 2010. proposed fishing activity; and comment on the plan and associated James P. Burgess, 7. A statement describing the degree environmental review documents. Acting Director, Office of Sustainable of involvement by the indigenous Within 90 days after the close of the Fisheries, National Marine Fisheries Service. community members including the public comment period, the Regional [FR Doc. 2010–12283 Filed 5–20–10; 8:45 am] name, address, telephone and other Administrator would notify the BILLING CODE 3510–22–S

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Notices Federal Register Vol. 75, No. 98

Friday, May 21, 2010

This section of the FEDERAL REGISTER Allocation of Loan and Grant Program Forest, RAC, 8901 Grand Ave Place, contains documents other than rules or Funds.’’ Decisions on funding will be Duluth, MN 55808. Comments may also proposed rules that are applicable to the based on pre-applications. be sent via e-mail to public. Notices of hearings and investigations, [email protected], or via committee meetings, agency decisions and Correction facsimile to 218–626–4312. rulings, delegations of authority, filing of In the Federal Register of April 27, petitions and applications and agency All comments, including names and statements of organization and functions are 2010, in FR Doc. 2010–9648, on page, 22097, in the second column, the listing addresses when provided, are placed in examples of documents appearing in this the record and are available for public section. for the Rural Development Ohio State Office, telephone number, and TDD inspection and copying. The public may number for contact should read: Ohio inspect comments received at Superior DEPARTMENT OF AGRICULTURE State Office, Federal Building, Room National Forest Headquarters. This 507, 200 North High Street, Columbus, meeting is open to the public. Visitors Rural Housing Service OH 43215–2477, (614) 255–2409, TDD are encouraged to call ahead to 218– (800) 877–8339, Cathy Simmons. 626–4300 to facilitate entry into the Notice of Funds Availability for the building. Section 533 Housing Preservation Correction Grants for Fiscal Year 2010 In the Federal Register of April 27, FOR FURTHER INFORMATION CONTACT: Lisa Radosevich-Craig, Partnership AGENCY: Rural Housing Service, USDA. 2010, in FR Doc. 2010–9648, on page, 22098, in the first column, the listing for Coordinator & Tribal Liaison, Superior ACTION: Notice; Correction. the Rural Development West Virginia National Forest Headquarters, 218–626– SUMMARY: The Rural Housing Service State Office, address to contact should 4336, [email protected]. published a document in the Federal read: West Virginia State Office, 530 Individuals who use Register on April 27, 2010, announcing Freedom Road, Ripley, WV 25271–9794, telecommunication devices for the deaf that it is soliciting competitive (304) 372–3441, ext. 105, TDD (304) (TDD) may call the Federal Information applications under its Housing 284–4836, Penny Thaxton. Relay Service (FIRS) at 1–800–877–8339 Preservation Grant program. The set- Dated: May 13, 2010. between 8 a.m. and 8 p.m., Eastern aside funding for the Rural Economic Tammye Trevin˜ o, Standard Time, Monday through Friday. Area Partnership Zones was excluded Administrator, Rural Housing Service. SUPPLEMENTARY INFORMATION: The from the notice and the listing for the [FR Doc. 2010–12162 Filed 5–20–10; 8:45 am] Rural Development Ohio State Office meeting is open to the public. The BILLING CODE 3410–XV–P telephone number, and TDD number following business will be conducted: and West Virginia State Office address Overview of the roles and were incorrectly identified in the notice. DEPARTMENT OF AGRICULTURE responsibilities of the Superior Resource FOR FURTHER INFORMATION CONTACT: Advisory Committee members; Election Bonnie Edwards-Jackson, Finance and Forest Service of officers, Development of rules and Loan Analyst, Multi-Family Housing operational guidelines; Overview of the Preservation and Direct Loan Division, Superior Resource Advisory history and uses of the Superior USDA Rural Development, Stop 0781, Committee National Forest; Public forum on 1400 Independence Avenue, SW., AGENCY: Forest Service, USDA. submitting project proposals. The Washington, DC 20250–0781, telephone agenda and any applicable documents ACTION: Notice of meeting. (202) 690–0759 (voice) (this is not a toll may be previewed at http:// free number) or (800) 877–8339 (TDD– SUMMARY: The Superior Resource WWW.fs.fed.us/R9/superior. Persons Federal Information Relay Service) or Advisory Committee will meet in who wish to bring related matters to the via e-mail at, Duluth, Minnesota. The committee is attention of the Committee may file [email protected]. meeting as authorized under the Secure written statements with the Committee Correction Rural Schools and Community Self- staff before or after the meeting. A Determination Act (Pub. L. 110–343) public input session will be provided In the Federal Register of April 27, and in compliance with the Federal and individuals who made written 2010, in FR Doc. 2010–9648, on page, Advisory Committee Act. The purpose requests by Monday, June 7, 2010 will 22096, in the first column, the listing for of the meeting is to orient the new the award information should read: have the opportunity to address the Superior Resource Advisory Committee Comittee at those sessions. For Fiscal Year 2010, $10,146,815.03 members on their roles and is available for the HPG Program. The responsibilities. Dated: May 14, 2010. total includes $746,815.03 in carryover James Sanders, funds. A set-aside of $74,681.50 has DATES: The meeting will be held on Friday, June 11, 2010, 9:45 a.m. Forest Supervisor, Superior National Forest, been established for grants located in Duluth, Minnesota. Rural Economic Area Partnership Zones ADDRESSES: The meeting will he held at [FR Doc. 2010–12089 Filed 5–20–10; 8:45 am] and other funds will be distributed the Superior National Forest under a formula allocation to states Headquarters, 8901 Grand Ave Place, BILLING CODE 3410–11–M pursuant to 7 CFR part 1940, subpart L, Duluth, MN 55808. Written comments ‘‘Methodology and Formulas for should be sent to Superior National

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DEPARTMENT OF AGRICULTURE SUMMARY: The GMUG RAC will meet in have the opportunity to address the Delta, Colorado. The committee is Committee at those sessions. Forest Service meeting as authorized under the Secure Dated: May 11, 2010. Rural Schools and Community Self Ravalli County Resource Advisory Determination Act (Pub. L. 110–343) Sherry Hazelhurst, Committee and in compliance with the Federal Deputy Forest Supervisor/GMUG RAC DFO. AGENCY: Forest Service, USDA. Advisory Committee Act. The purpose [FR Doc. 2010–12152 Filed 5–20–10; 8:45 am] of the meeting is to gather the newly BILLING CODE 3410–11–M ACTION: Notice of meeting. appointed Committee members together SUMMARY: The Ravalli County Resource to elect a Chair, determine operating Advisory Committee will meet in principles and organize to accept project Hamilton, Montana. The purpose of the proposals for Title II funds within BROADCASTING BOARD OF meeting is to review projects. Garfield, Mesa, Delta, Gunnison and GOVERNORS DATES: The meeting will be held May Montrose Counties, Colorado. 25, 2010. DATES: The meeting will be held June 9, Sunshine Act Meeting: Canceled ADDRESSES: The meeting will be held at 2010, at 9:30 a.m. DATE AND TIME: 1801 N. First Street. Written comments ADDRESSES: The meeting will be held at Tuesday, May 18, 2010, should be sent to Stevensville RD, 88 the Forest Supervisor’s Office at 2250 11 a.m.–12:15 p.m. Highway 50, Delta, Colorado in the Main Street, Stevensville, MT 59870. PLACE: Cohen Building, Room 3321, 330 South Spruce Conference Room. Written Comments may also be sent via e-mail Independence Ave., SW., Washington, comments should be sent to Attn: to [email protected] or via facsimile to DC 20237. 406–777–5461. GMUG RAC, 2250 Highway 50, Delta, All comments, including names and CO 81416. Comments may also be sent CLOSED MEETING: The members of the addresses when provided, are placed in via e-mail to [email protected] or via Broadcasting Board of Governors (BBG) the record and are available for public facsimile to Attn: Lee Ann Loupe, RAC will meet in closed session to review inspection and copying. The public may Coordinator at 970.874.6698. and discuss a number of issues relating inspect comments received at All comments, including names and to U.S. Government-funded non- Stevensville Ranger District. Visitors are addresses when provided, are placed in military international broadcasting. encouraged to call ahead to 406–777– the record and are available for public They will address internal procedural, 5461 to facilitate entry into the building. inspection and copying. The public may budgetary, and personnel issues, as well inspect comments received at http:// FOR FURTHER INFORMATION CONTACT: Dan as sensitive foreign policy issues www.fs.fed.us/r2/gmug/ under ‘‘GMUG Ritter or Nancy Trotter at 406–777– relating to potential options in the U.S. RAC Information.’’ Visitors are 5461. international broadcasting field. This encouraged to call ahead to Lee Ann Individuals who use Loupe, RAC Coordinator at meeting is closed because if open it telecommunication devices for the deaf 970.874.6717 to facilitate entry into the likely would either disclose matters that (TDD) may call the Federal Information building. would be properly classified to be kept Relay Service (FIRS) at 1–800–877–8339 secret in the interest of foreign policy FOR FURTHER INFORMATION CONTACT: Lee between 8 a.m. and 8 p.m., Mountain under the appropriate executive order (5 Standard Time, Monday through Friday. Ann Loupe, GMUG RAC Coordinator, 970.874.6717 or e-mail: U.S.C. 552b.(c)(1)) or would disclose SUPPLEMENTARY INFORMATION: The [email protected]. information the premature disclosure of meeting is open to the public. Council Individuals who use which would be likely to significantly discussion is limited to Forest Service telecommunication devices for the deaf frustrate implementation of a proposed staff and Council members. However, (TDD) may call the Federal Information agency action. (5 U.S.C. 552b.(c)(9)(B)) persons who wish to bring any matters Relay Service (FIRS) at 1–800–877–8339 In addition, part of the discussion will to the attention of the Council may file between 8 a.m. and 8 p.m., Eastern relate solely to the internal personnel written statements with the Council Standard Time, Monday through Friday. and organizational issues of the BBG or staff before or after the meeting. Public SUPPLEMENTARY INFORMATION: The the International Broadcasting Bureau. input sessions will be provided and meeting is open to the public. The (5 U.S.C. 552b.(c)(2) and (6)) individuals who made written requests following business will be conducted: by May 24, 2010 will have the CONTACT PERSON FOR MORE INFORMATION: The newly appointed Committee opportunity to address the Council at Persons interested in obtaining more members will gather together and meet those sessions. for the first time, address questions information should contact Paul Dated: May 13, 2010. about the roles of members, support of Kollmer-Dorsey at (202) 203–4545. Julie K. King, the committee and other pertinent Paul Kollmer-Dorsey, Forest Supervisor. information, elect a chairperson, Deputy General Counsel. determine operating principles for the [FR Doc. 2010–12149 Filed 5–20–10; 8:45 am] [FR Doc. 2010–12358 Filed 5–19–10; 11:15 am] BILLING CODE 3410–11–M RAC and organize to accept project proposals for Title II funds within BILLING CODE 8610–01–P Garfield, Mesa, Delta, Gunnison and DEPARTMENT OF AGRICULTURE Montrose Counties, Colorado. Persons who wish to bring related Forest Service matters to the attention of the Committee may file written statements GMUG Resource Advisory Committee with the Committee staff before or after AGENCY: Forest Service, USDA. the meeting. Public input sessions will be provided and individuals who made ACTION: Notice of meeting. written requests by May 28, 2010 will

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COMMITTEE FOR THE The import tariff relief is effective In order to facilitate the IMPLEMENTATION OF TEXTILE beginning on the date that the implementation of Title III, Subtitle B, AGREEMENTS Committee determines that an ‘‘Omani section 321 through section 328 of the textile or apparel article’’ as defined in Act, the Committee has determined that Procedures for Considering Requests section 301(2) of the Act, is being actions taken under this safeguard fall From the Public for Textile and Apparel imported into the United States in such within the foreign affairs exception to Safeguard Actions on Imports From increased quantities, in absolute terms the rulemaking provision of 5 U.S.C. Oman or relative to the domestic market for 553(a)(1). These procedures are not that article, and under such conditions subject to the requirement to provide May 17, 2010. as to cause serious damage, or actual prior notice and opportunity for public AGENCY: The Committee for the threat thereof, to a U.S. industry comment, pursuant to 5 U.S.C. 553(a)(1) Implementation of Textile Agreements producing an article that is like, or and 553(b)(A). (the ‘‘Committee’’). directly competitive with, the imported Procedures for Requesting Textile and ACTION: Notice of procedures. article. Consistent with section 323(a) of Apparel Safeguard Actions SUMMARY: This notice sets forth the the Act, the maximum period of import 1. Requirements for Requests. procedures the Committee will follow in tariff relief, as set forth in section 3 of Pursuant to section 321(a) of the Act considering requests from the public for this notice, shall be three years. and section 7 of Presidential textile and apparel safeguard actions as However, if the initial period for import Proclamation 8332 of December 29, provided for in title III, subtitle B, tariff relief is less than three years, 2008, an interested party may file a section 321 through section 328 of the consistent with section 323(b) of the request for a textile and apparel United States-Oman Free Trade Act, the Committee may extend the safeguard action with the Committee. Agreement Implementation Act. period of import relief to the maximum three years if the Committee determines The Committee will review requests DATES: Effective Date: May 21, 2010. that the continuation is necessary to from the interested party sent to the ADDRESSES: Requests must be submitted remedy or prevent serious damage or Chairman, Committee for the to: Chairman, Committee for the actual threat thereof and to facilitate Implementation of Textile Agreements, Implementation of Textile Agreements, adjustment by the domestic industry to Room 3100, U.S. Department of Room H3100, U.S. Department of import competition, and that the Commerce, 14th and Constitution Commerce, 14th and Constitution domestic industry is, in fact, making a Avenue, NW., Washington, DC 20230. Avenue, NW., Washington, DC 20230. positive adjustment to import Ten copies of any such request must be FOR FURTHER INFORMATION CONTACT: competition. Import tariff relief may not provided. As provided in section 328 of Maria D’Andrea, Office of Textiles and be applied to the same article under the Act, the Committee will protect from Apparel, U.S. Department of Commerce, these procedures if (1) relief previously disclosure any business confidential (202) 482–1550. has been granted with respect to that information that is marked ‘‘business SUPPLEMENTARY INFORMATION: article under these provisions; or (2) the confidential’’ to the full extent permitted Title III, subtitle B, section 321 article is subject to relief under Chapter by law. To the extent that business through section 328 of the United 1 of Title II of the Trade Act of 1974. confidential information is provided, States-Oman Free Trade Agreement Authority to provide import tariff two copies of a non-confidential version Implementation Act (the ‘‘Act’’) relief with respect to an Omani textile must also be provided, in which implements the textile and apparel or apparel article will expire ten years business confidential information is safeguard provisions, provided for in after duties on the article are eliminated summarized or, if necessary, deleted. At Article 3.1 of the United States-Oman pursuant to the Agreement. the conclusion of the request, an Free Trade Agreement (the Under Article 3.1.6 of the Agreement, interested party must attest that ‘‘all ‘‘Agreement’’). The safeguard if the United States provides relief to a information contained in the request is mechanism applies when, as a result of domestic industry under the textile and complete and accurate and no false the elimination of a customs duty under apparel safeguard, it must provide claims, statements, or representations the Agreement, an Omani textile or Oman ‘‘mutually agreed trade have been made.’’ Consistently with apparel article is being imported into liberalizing compensation in the form of section 321(a) of the Act, the Committee the United States in such increased concessions having substantially will review a request initially to quantities, in absolute terms or relative equivalent trade effects or equivalent to determine whether to commence to the domestic market for that article, the value of the additional duties consideration of the request on its and under such conditions as to cause expected to result from the emergency merits. Within 15 working days of serious damage or actual threat thereof action.’’ Such concessions shall be receipt of a request, the Committee will to a U.S. industry producing a like or limited to textile and apparel products, determine whether the request provides directly competitive article. In these unless the United States and Oman the information necessary for the circumstances, Article 3.1 permits the agree otherwise. If the United States and Committee to consider the request in United States to increase duties on the Oman are unable to agree on trade light of the considerations set forth imported article from Oman to a level liberalizing compensation, Oman may below. If the request does not, the that does not exceed the lesser of the increase customs duties equivalently on Committee will promptly notify the prevailing U.S. normal trade relations U.S. products. The obligation to provide requester of the reasons for this (‘‘NTR’’)/most-favored-nation (‘‘MFN’’) compensation terminates upon determination and the request will not duty rate for the article or the U.S. NTR/ termination of the safeguard relief. be considered. However, the Committee MFN duty rate in effect on the day Section 327 of the Act extends the will reevaluate any request that is before the Agreement enters into force. President’s authority to provide resubmitted with additional In Presidential Proclamation 8332 of compensation under section 123 of the information. December 29, 2008 (73 FR 80289 (Dec. Trade Act of 1974 (19 U.S.C. 2133), as Consistent with longstanding 31, 2008)), the President delegated to amended, to measures taken pursuant to Committee practice in considering the Committee certain functions under the Agreement’s textile and apparel textile safeguard actions, the Committee subtitle B of title III of the Act. safeguard provisions. will consider an interested party to be

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an entity (which may be a trade * Annual data for the most recent caused by imports from Oman to the association, firm, certified or recognized three full calendar years for which such industry producing the like or directly union, or group of workers) that is data are available; competitive article that is the subject of representative of either: (A) A domestic * Quarterly data for the most recent the request. To the extent that such producer or producers of an article that year for which such data are partially information is not available, the is like or directly competitive with the available, and quarterly data for the requester should provide best estimates subject Omani textile or apparel article; same quarter(s) of the previous year (e.g. and the basis therefore: or (B) a domestic producer or producers January–March 2010, April–June 2010 * Annual data for the most recent of a component used in the production and January–March 2009, April–June three full calendar years for which such of an article that is like or directly 2009). data are available; competitive with the subject Omani If the like or directly competitive * Quarterly data for the most recent textile or apparel article. article(s) of U.S. origin does not year for which such data are partially A request will only be considered if correspond to a category or categories of available, and quarterly data for the the request includes the specific the U.S. Textile and Apparel Category same quarter(s) of the previous year (e.g. information set forth below in support system for which production data are January–March 2010, April–June 2010 of a claim that a textile or apparel article available from official statistics of the and January–March 2009, April–June from Oman is being imported into the U.S. Department of Commerce (see ‘‘U.S. 2009). United States in such increased Imports, Production, Markets, Import 2. Consideration of Requests. quantities, in absolute terms or relative Production Ratios and Domestic Market Consistent with section 321(b) of the to the domestic market for that article, Shares for Textile and Apparel Product Act, if the Committee determines that and under such conditions as to cause Categories’’ at Web site http:// the request provides the information serious damage or actual threat thereof, otexa.ita.doc.gov/ipbook.pdf), the necessary for it to be considered, the to a U.S. industry producing an article requester must provide a complete Committee will cause to be published in that is like, or directly competitive with, listing of all sources from which the the Federal Register a notice seeking the imported article. data were obtained and an affirmation public comments regarding the request, A. Product description. Name and that to the best of the requester’s which will include a summary of the description of the imported article knowledge, the data represent request and the date by which concerned, including the category or substantially all of the domestic comments must be received. The categories or part thereof of the U.S. production of the like or directly Federal Register notice and the request, Textile and Apparel Category System competitive article(s) of U.S. origin. In with the exception of information (see ‘‘Textile Correlation’’ at http:// such cases, data should be reported in marked ‘‘business confidential,’’ will be otexa.ita.doc.gov/corr.htm[HJ1]) under the first unit of quantity in the posted by the Department of which such article is classified, the Harmonized Tariff Schedule of the Commerce’s Office of Textiles and Harmonized Tariff Schedule of the United States (http://www.usitc.gov/ Apparel (‘‘OTEXA’’) on the Internet United States subheading(s) under tata/hts) for the Omani origin textile (http://otexa.ita.doc.gov). The comment which such article is classified, and the and/or apparel articles and the like or period shall be 30 calendar days. To the name and description of the like or directly competitive articles of U.S. extent business confidential information directly competitive domestic article origin. is provided, a non-confidential version concerned. D. Market Share Data. The following must also be provided, in which B. Import data. The following data, in data, in quantity by category unit (see business confidential information is quantity by category unit (see ‘‘Textile ‘‘Textile Correlation’’), on imports from summarized or, if necessary, deleted. At Correlation’’), on total imports of the Oman as a percentage of the domestic the conclusion of its submission of such subject article into the United States and market (defined as the sum of domestic public comments, an interested party imports from Oman into the United production of the like or directly must attest that ‘‘all information States: competitive article and total imports of contained in the request is complete and * Annual data for the most recent the subject article); on total imports as accurate and no false claims, statements, three full calendar years for which such a percentage of the domestic market; or representations have been made.’’ data are available; and on domestic production of like or Comments received, with the exception * Quarterly data for the most recent directly competitive articles as a of information marked ‘‘business year for which such data are partially percentage of the domestic market: confidential,’’ will be available in the available, and quarterly data for the * Annual data for the most recent Department of Commerce’s Trade same quarter(s) of the previous year (e.g. three full calendar years for which such Information Center for review by the January–March 2010, April–June 2010 data are available; public. If a comment alleges that there and January–March 2009, April–June * Quarterly data for the most recent is no serious damage or actual threat 2009). year for which such data are partially thereof, or that the subject imports are The data should demonstrate that available, and quarterly data for the not the cause of the serious damage or imports of an Omani origin textile or same quarter(s) of the previous year (e.g. actual threat thereof, the Committee will apparel article that are like or directly January–March 2010, April–June 2010 closely review any supporting competitive with the articles produced and January–March 2009, April–June information and documentation, such as by the domestic industry concerned are 2009). information about domestic production increasing in absolute terms or relative E. Additional data showing serious or prices of like or directly competitive to the domestic market for that article. damage or actual threat thereof. All articles. In the case of requests C. Production data. The following data available to the requester showing submitted by entities that are not the data, in quantity by category unit (see changes in productivity, utilization of actual producers of a like or directly ‘‘Textile Correlation’’), on U.S. domestic capacity, inventories, exports, wages, competitive article, particular production of the like or directly employment, domestic prices, profits, consideration will be given to comments competitive articles of U.S. origin and investment, and any other representing the views of actual indicating the nature and extent of the information, relating to the existence of producers in the United States of a like serious damage or actual threat thereof: serious damage or actual threat thereof or directly competitive article.

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Any interested party may submit consist of an increase in duties to the obtained by OTEXA regarding the information to rebut, clarify, or correct lower of: (1) The NTR/MFN duty rate in request, as well as other material public comments submitted by any place for the textile or apparel article at provided to the Department of other interested party at any time prior the time the relief is granted; or (2) the Commerce by other government to the deadline provided in this section NTR/MFN duty rate for that article on agencies for inclusion in the official for submission of such public the day before the Agreement enters into record. The official record will include comments. If public comments are force. Committee memoranda pertaining to the submitted less than 10 days before, or The import tariff relief is effective request, memoranda of Committee on, the applicable deadline for beginning on the date that the meetings, meetings between OTEXA submission of such public comments, Committee’s affirmative determination staff and the public, determinations, and an interested party may submit is published in the Federal Register. notices published in the Federal information to rebut, clarify, or correct The maximum period of import tariff Register. The official record will contain the public comments no later than 10 relief shall be three years. However, if material which is public, business days after the applicable deadline for the initial period for import relief is less confidential, privileged, and classified, submission of public comments. than three years, the Committee may but will not include pre-decisional With respect to any request extend the period of import relief to the inter-agency or intra-agency considered by the Committee, the maximum three years if the Committee communications. If the Committee Committee will make a determination determines that the continuation is decides it is appropriate to consider within 60 calendar days of the close of necessary to remedy or prevent serious materials submitted in an untimely the comment period. If the Committee is damage or actual threat thereof and to manner, such materials will be unable to make a determination within facilitate adjustment, and that there is maintained in the official record. 60 calendar days, it will cause to be evidence that the domestic industry is Otherwise, such material will be published in a notice in the Federal making a positive adjustment to import returned to the submitter and will not Register, including the date by which it competition. Import tariff relief may not be maintained as part of the official will make a determination. If the be imposed for an aggregate period record. OTEXA will make the official Committee makes a negative greater than three years. Import tariff record public except for business determination, it will cause this relief may not be applied to the same confidential information, privileged determination and the reasons therefore article under these procedures if relief information, classified information, and to be published in the Federal Register. previously has been granted with other information the disclosure of 3. Determination and Provision of respect to that article under: (1) These which is prohibited by U.S. law. The Relief. The Committee shall determine provisions; or (2) Chapter 1 of Title II of public record will be available to the whether, as a result of the reduction or the Trade Act of 1974. public for inspection and copying in a elimination of a duty under the Authority to provide import tariff public reading room located in the Agreement, an Omani textile or apparel relief for a textile or apparel article from Department of Commerce, Trade article is being imported into the United Oman that is being imported into the Information Center. States in such increased quantities, in United States in such increased Information designated by the absolute terms or relative to the quantities, in absolute terms or relative submitter as business confidential will domestic market for that article, and to the domestic market for that article, normally be considered to be business under such conditions as to cause and under such conditions as to cause confidential unless it is publicly serious damage, or actual threat thereof, serious damage or actual threat thereof available. The Committee will protect to a domestic industry producing an to a U.S. industry producing a like or from disclosure any business article that is like, or directly directly competitive article, will expire confidential information that is marked competitive with, the imported article. ten years after duties on the article are ‘‘business confidential’’ to the full extent In making a determination, the eliminated pursuant to this Agreement. permitted by law. To the extent that Committee: (1) Shall examine the effect 4. Self Initiation. The Committee may, business confidential information is of increased imports on the domestic on its own initiative, consider whether provided, two copies of a non- industry as reflected in such relevant imports of a textile or apparel article confidential version must also be economic factors as output, from Oman are being imported into the provided, in which business productivity, utilization of capacity, United States in such increased confidential information is summarized inventories, market share, exports, quantities, in absolute terms or relative or, if necessary, deleted. The Committee wages, employment, domestic prices, to the domestic market for that article, will make available to the public nonprofits, and investment, none of which and under such conditions as to cause confidential versions of the request that is necessarily decisive; and (2) shall not serious damage or actual threat thereof is being considered, non-confidential consider changes in technology or to a U.S. industry producing a like or versions of any public comments consumer preference as factors directly competitive article. In such received with respect to a request, and, supporting a determination of serious considerations, the Committee will in the event consultations are requested, damage or actual threat thereof. The follow procedures consistent with those the statement of the reasons and Committee, without delay, will provide set forth in section 2 of this notice, justifications for the determination written notice of its decision to the including causing to be published in the subsequent to the delivery of the Government of Oman and will consult Federal Register a notice seeking public statement to Oman. with said party upon its request. comment regarding the action it is Paperwork Reduction Act: The notice If a determination under this section considering. contains a collection of information is affirmative, the Committee may 5. Record Keeping and Business subject to the requirements of the provide import tariff relief to a U.S. Confidential Information. OTEXA will Paperwork Reduction Act (‘‘PRA’’). The industry to the extent necessary to maintain an official record for each Office of Management and Budget remedy or prevent the serious damage request on behalf of the Committee. The (‘‘OMB’’) has approved the collection of or actual threat thereof and to facilitate official record will include all factual information related to procedures for adjustment by the domestic industry to information, written argument, or other considering requests from the public for import competition. Such relief may material developed by, presented to, or textile and apparel safeguard actions on

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imports from Oman under control U.S. and Foreign Commercial Service, is companies to gain valuable number 0625–0266. Notwithstanding organizing an Aerospace Supplier international business experience in a any other provision of law, no person is Mission to Moscow, October 3–5, 2010 rapidly growing market. This mission required to respond to, nor shall any and to Ulyanovsk October 5–7 presents strong potential for success person be subject to a penalty for failure (returning to Moscow on October 8th for with the ongoing support of the U.S. to comply with, a collection of departure to the United States). This Commercial Service in Russia. information subject to the requirements aerospace mission, to be led by a senior of the PRA unless the collection of U.S. Department of Commerce official, Commercial Setting information displays a currently valid is designed to provide U.S. aerospace OMB control number. With over 140 million consumers, a companies (particularly Small and growing middle class, and significant Medium-Sized Enterprises) with a Kim Glas, infrastructure needs, Russia remains one highly efficient and cost-effective Chairman, Committee for the Implementation of the most promising markets for U.S. opportunity to establish profitable of Textile Agreements. exporters. In 2009, per capita personal [FR Doc. 2010–12285 Filed 5–20–10; 8:45 am] commercial relationships with prospective agents, distributors and disposable income ($4,830) and GDP BILLING CODE 3510–DS–P end-users in Russia’s aerospace market. ($15,200) were the highest among the Participating U.S. companies will BRIC countries. Prior to the global economic crisis, during which 2009 DEPARTMENT OF COMMERCE receive market intelligence briefings by Russian industry experts, information GDP declined 7.9%, Russia had a nine- International Trade Administration on how to do business in Russia, year run of continuous rapid economic networking opportunities and most expansion, with GDP growing Aerospace Supplier Mission to Russia importantly, pre-scheduled, one-on-one approximately 7% annually. Most meetings with Russian aerospace domestic and international experts AGENCY: International Trade company representatives. Mission believe that Russia emerged from Administration, Department of participants will also benefit from recession in the third quarter of 2009; Commerce. visiting key local aerospace original forecasts for 2010 growth in GDP range ACTION: Notice. equipment manufacturers and will have from 3.3% to 6.2%. Experts also expect the opportunity to speak with that market conditions for U.S. and Mission Description procurement managers about supply other exporters will improve as the The U.S. Department of Commerce, chain opportunities. This mission is an recovery picks up speed. International Trade Administration, ideal opportunity for U.S. aerospace

2010 $ millions 2008 2009 (estimate)

Total Market Size ...... 2,812 4,287 6,067 Total Local Production ...... 3,100 3,777 4,476 Total Exports ...... 2,326 2,288 2,250 Total Imports ...... 2,038 2,798 3,841 Imports from the U.S...... 513 597 694

The Russian aviation industry suppliers of aircraft systems, aircraft and aircraft parts market. The remains an important strategic industry components, machine tools and trade mission’s purpose is to advance and a promising market for foreign materials. ITA’s goal to broaden and deepen the suppliers of aircraft equipment. In 2009, Since the Russian aviation industry U.S. exporter base by providing state financing of the industry increased consists of several intertwined individual participants with twenty-fold as compared with 2004. The industries (airframe, helicopter, engine opportunities to achieve aerospace Russian government plays an active role building) and submarkets (OEMs, tier export success in Russia. in supporting the industry. United suppliers, distributors), opportunities Mission Scenario Aircraft Corporation (UAC), a state- for U.S. suppliers are not limited simply controlled corporation established in to a certain type of product, but cut Participants in the mission to Russia 2006, spearheads the development of across a variety of products along the will benefit from a full range of business the national aviation industry. production chain. These opportunities facilitation and trade promotion services In 2009, the Russian government range from advanced machine tools and provided by the U.S. Commercial allocated 19.45 billion rubles ($644 aviation materials to software, small and Service in Russia, including: Meetings million) to the development of the large components and spare parts, and with individuals from both the public industry under a federal program. In complete on-board systems. sector and private business. Participants addition to traditional types of support, will receive a briefing by Russian such as direct contributions to UAC’s Mission Goals experts on the local aerospace market, authorized capital and interest rate The trade mission’s goal is to as well as an overview of the country’s subsidies on modernization loans, the introduce U.S. exporters of aerospace economic and political environment government also extended new supply chain products to potential end- and how to do business in the complex subsidies for loans to support users and partners, including potential Russian market. The mission will innovation and investment projects. agents, distributors, and licensees, with include one-to-one business meetings This all signals an increased interest by the aim of creating business between U.S. participants and potential Russian OEMs and tier suppliers to partnerships that will contribute to Russian end-users and partners, and site consider new procurement, which in increasing U.S. exports to the Russian visits to aircraft manufacturing facilities turn opens broad prospects for U.S. aerospace market, particularly the and aerospace original aerospace

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manufacturers, where companies will and $6,575 for large companies, which Commerce Department trade mission have the opportunity to meet senior will cover one representative.2 The fee calendar (http://www.ita.doc.gov/ OEM representatives and learn about for each additional firm representative doctm/tmcal.html) and other internet planned projects and expected (large firm or SME) is $250. Expenses Web sites, press releases to general and procurement needs. A networking event for travel-airfare, lodging, in-country trade media, e-mail, direct mail, will be planned as well, if time and transportation (except for airport broadcast fax, notices by industry trade budget considerations allow. transfers and bus transportation to/from associations and other multiplier group meetings and air travel from groups, and publicity at industry Timetable Moscow to Ulyanovsk and back to meetings, symposia, conferences, and The proposed schedule allows for Moscow), meals and incidentals will be trade shows. CS Moscow will conduct a about two days in Moscow and possibly the responsibility of each mission webinar on aerospace opportunities in two days in Ulyanovsk. participant. the Russian market in May 2010; the mission will be promoted during the October 3 (Sunday) Mission members Conditions for Participation arrive in Moscow webinar as well. The International • Moscow Sightseeing and Group An applicant must submit a Trade Administration will explore and Dinner completed and signed mission welcome outreach assistance from other October 4 (Monday) Morning: U.S. Participation Agreement and a interested organizations, including other Embassy/Commercial Service Briefing completed Market Interest U.S. Government agencies. Moscow Presentations by local experts Questionnaire, which must include Recruitment for the mission will Afternoon: Individual Meetings with adequate information on the company’s begin immediately and will close on potential Russian partners products and/or services, primary June 30, 2010. The U.S. Department of Evening: Possible Networking Event market objectives, and goals for Commerce will review all applications October 5 Morning: Individual participation. If the Department of immediately after the deadline. We will Meetings with potential Russian Commerce receives an incomplete inform applicants of selection decisions partners application, the Department may reject as soon as possible after June 30, 2010. (Tuesday) Afternoon: Site Visits the application, request additional Applications received after the deadline Moscow Evening: Depart for information, or take the lack of will be considered only if space and Ulyanovsk information into account when scheduling constraints permit. October 6 Morning: Presentation by evaluating the applications. Information can also be obtained by Ulyanovsk Regional Government • Each applicant must also certify contacting the mission contacts listed (Wednesday) Afternoon: Site Visits that the products and services to be below: promoted through the mission are either Ulyanovsk Evening: Cultural program Contacts October 7 Morning: Individual produced in the United States or company meetings marketed under the name of a U.S. firm U.S. Commercial Service: (Thursday) Afternoon: Individual and have at least 51 percent U.S. Diane Mooney, Director, Seattle USEAC, company meetings content of the value of the finished Tel: 206–553–5615, ext. 236, FAX: Ulyanovsk Evening: Depart for product or service. 206–553–7253, E-mail: [email protected]; Moscow Selection Criteria for Participation October 8 (Friday) Debriefing at U.S. Vladislav Borodulin, Commercial Commercial Service Office Selection will be based on the Specialist, CS Moscow, Tel: 7 (495) following criteria: 728 5235, FAX: 7 (495) 728 5585, Moscow Departure for Airport • Suitability of the company’s [email protected]; Participation Requirements products or services for the Russian Ilona Shtrom, Commercial Officer, CS aerospace market; Moscow, Tel: 7 (495) 728 5306, Tel: 7 All parties interested in participating • in the Commercial Service Aerospace Applicant’s potential for business (495) 728 5585. in Russia, including the likelihood of Supplier Development Mission to Natalia Susak, Russia must complete and submit an exports resulting from the mission; • Consistency in the applicant’s goals Global Trade Programs, Commercial Service application package for consideration by and objectives with the stated scope of Trade Missions Program. the Department of Commerce. All the mission. [FR Doc. 2010–12205 Filed 5–20–10; 8:45 am] applicants will be evaluated on their Referrals from political organizations BILLING CODE 3510–FP–P ability to meet certain conditions and and any documents containing best satisfy the selection criteria as references to partisan political activities outlined below. A minimum of ten and (including political contributions) will DEPARTMENT OF COMMERCE a maximum of fifteen companies will be be removed from an applicant’s selected to participate in the mission submission and not considered during United States Patent and Trademark from the applicant pool. the selection process. Office Fees and Expenses Timeframe for Recruitment and Submission for OMB Review; After a company has been selected to Applications Comment Request participate on the mission, a Mission recruitment will be The United States Patent and participation fee paid to the U.S. conducted in an open and public Department of Commerce is required. Trademark Office (USPTO) will submit manner, including publication in the to the Office of Management and Budget The participation fee for one company Federal Register, posting on the representative will be $5,250 for small (OMB) for clearance the following or medium-sized enterprises (SME) 1 proposal for collection of information 2 Parent companies, affiliates, and subsidiaries under the provisions of the Paperwork will be considered when determining business size. 1 An SME is defined as a firm with 500 or fewer The dual pricing reflects the Commercial Service’s Reduction Act (44 U.S.C. Chapter 35). employees or that otherwise qualifies as a small user fee schedule that became effective May 1, Agency: United States Patent and business under SBA regulations. 2008. Trademark Office (USPTO).

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Title: Legal Processes. • Fax: 571–273–0112, marked to the used by the Director of the Office of Form Number(s): None. attention of Susan K. Fawcett. Enrollment and Discipline (OED) to Agency Approval Number: 0651– • Mail: Susan K. Fawcett, Records determine whether the applicant for 0046. Officer, Office of the Chief Information registration is of good moral character Type of Request: Revision of a Officer, United States Patent and and repute; has the necessary legal, currently approved collection. Trademark Office, P.O. Box 1450, scientific, and technical qualifications; Burden: 52 hours annually. Alexandria, VA 22313–1450. and is otherwise competent to advise Number of Respondents: 291 Written comments and and assist applicants in the presentation responses per year. recommendations for the proposed and prosecution of patent applications. Avg. Hours per Response: The USPTO information collection should be sent on Note that the USPTO is approved to estimates that it will take the public or before June 21, 2010 to Nicholas A. collect a fee under 37 CFR 11.8 and is approximately 5 minutes (0.08 hours) to Fraser, OMB Desk Officer, via e-mail to seeking continued approval to collect 1 hour to gather the necessary [email protected], or by that fee. The USPTO has not information, prepare the appropriate fax to 202–395–5167, marked to the implemented the changes from that final documents, and submit the information attention of Nicholas A. Fraser. rule or the new information collection in this collection to the USPTO. Dated: May 17, 2010. activities associated with that Needs and Uses: This collection Susan K. Fawcett, rulemaking; however, we continue to include the estimates of that burden in covers information requirements related Records Officer, USPTO, Office of the Chief to civil actions and claims involving Information Officer. this request. The USPTO at this time is not collecting that fee but is retaining an current or former employees of the [FR Doc. 2010–12215 Filed 5–20–10; 8:45 am] estimated burden for the fee collection. United States Patent and Trademark BILLING CODE 3510–16–P Office (USPTO). The rules for these If the agency chooses to begin collecting legal processes may be found under 37 the fee, it will inform the public. CFR part 104, which outlines DEPARTMENT OF COMMERCE Please Note ALSO that the USPTO is procedures for service of process, requesting continued approval for items demands for employee testimony and United States Patent and Trademark currently approved but not collected production of documents, reports of Office that are associated with 37 CFR 11.13 unauthorized testimony, employee and were introduced as collection items indemnification, and filing claims Submission for OMB Review; on June 24, 2004 by the final rule 0651– against the USPTO under the Federal Comment Request AB55, Changes to Representation of Tort Claims Act (28 U.S.C. 2672). The Others Before the United States Patent The United States Patent and and Trademark Office (60 Fed. Reg. public uses this collection to serve a Trademark Office (USPTO) will submit summons or complaint on the USPTO, 35428). OMB has previously approved to the Office of Management and Budget the collection of these items. The demand employee testimony or (OMB) for clearance the following documents related to a legal proceeding, USPTO has not implemented the proposal for collection of information changes from that proposed rule or the or file a claim against the USPTO under under the provisions of the Paperwork the Federal Tort Claims Act. new information collection activities Reduction Act (44 U.S.C. Chapter 35). associated with that rulemaking; Respondents may petition the USPTO to Agency: United States Patent and waive or suspend the rules for legal however, we continue to include the Trademark Office (USPTO). estimates of that burden in this request. processes in extraordinary situations. Title: Admittance to Practice and This collection is also necessary so that If the agency determines that it will Roster of Registered Patent Attorneys not implement the Rule and/or current and former USPTO employees and Agents Admitted to Practice Before may properly forward service and determines that the fee under 37 CFR the United States Patent and Trademark 11.8 will never be collected, the agency demands to the Office of General Office (USPTO). Counsel, report unauthorized testimony, will request a removal of the burden Form Number(s): PTO–158, PTO– estimates from this collection. and request indemnification. No forms 158A, 158T, 158LS, PTO–275, PTO– are provided by the USPTO for Affected Public: Individuals or 107A, PTO–1209, PTO–2126, PTO– households; businesses or other for- submitting the information in this 2149, PTO–2150. collection. profits; not-for-profit institutions. Agency Approval Number: 0651– Frequency: On occasion. Affected Public: Individuals or 0012. Respondent’s Obligation: Required to households; businesses or other for- Type of Request: Revision of a obtain or retain benefits. profits; not-for-profit institutions; and currently approved collection. OMB Desk Officer: Nicholas A. Fraser, the Federal Government. Burden: 98,028 hours annually. e-mail: Frequency: On occasion. Number of Respondents: 93,340 [email protected]. Respondent’s Obligation: Required to responses per year. Once submitted, the request will be obtain or retain benefits. Avg. Hours per Response: The USPTO publicly available in electronic format OMB Desk Officer: Nicholas A. Fraser, estimates that it will take the public through the Information Collection e-mail: between 1 minute (0.02 hours) and 40 Review page at http://www.reginfo.gov. [email protected]. hours, depending upon the complexity Paper copies can be obtained by: Once submitted, the request will be of the situation, to gather the necessary • E-mail: publicly available in electronic format information, prepare, and submit the [email protected]. through the Information Collection forms and requirements in this Include ‘‘0651–0012 copy request’’ in the Review page at http://www.reginfo.gov. collection. subject line of the message. Paper copies can be obtained by: Needs and Uses: This information is • Fax: 571–273–0112, marked to the • E-mail: required by 35 U.S.C. 2(b)(2)(D) and attention of Susan K. Fawcett. [email protected]. administered by the USPTO through 37 • Mail: Susan K. Fawcett, Records Include ‘‘0651–0046 copy request’’ in the CFR 1.21, 10.14, 10.170, 11.2, 11.5– Officer, Office of the Chief Information subject line of the message. 11.14 and 11.28. The information is Officer, United States Patent and

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Trademark Office, P.O. Box 1450, will import commodities into the ACTION: Notice. Alexandria, VA 22313–1450. United States and will not reexport such Written comments and commodities, except in accordance with SUMMARY: The Department of recommendations for the proposed the export control regulations of the Commerce, as part of its continuing information collection should be sent on United States. The U.S. Government, in effort to reduce paperwork and or before June 21, 2010 to Nicholas A. turn, certifies that such representations respondent burden, invites the general Fraser, OMB Desk Officer, via e-mail at have been made. public and other Federal agencies to [email protected] or by take this opportunity to comment on II. Method of Collection fax to 202–395–5167, marked to the proposed and/or continuing information attention of Nicholas A. Fraser. Submitted electronically or in paper collections, as required by the form. Paperwork Reduction Act of 1995. Dated: May 17, 2010. DATES: Written comments must be III. Data Susan K. Fawcett, submitted on or before July 20, 2010. Records Officer, USPTO, Office of the Chief OMB Control Number: 0694–0017. ADDRESSES: Direct all written comments Information Officer. Form Number(s): Form BIS–645P, to Diana Hynek, Departmental [FR Doc. 2010–12214 Filed 5–20–10; 8:45 am] International Import Certificate. Paperwork Clearance Officer, BILLING CODE 3510–16–P Type of Review: Regular submission. Affected Public: Business or other for- Department of Commerce, Room 6625, profit organizations. 14th and Constitution Avenue, NW., DEPARTMENT OF COMMERCE Estimated Number of Respondents: Washington, DC 20230 (or via the 340. Internet at [email protected]). Bureau of Industry and Security Estimated Time per Response: 16 FOR FURTHER INFORMATION CONTACT: minutes. Requests for additional information or Proposed Information Collection; Estimated Total Annual Burden copies of the information collection Comment Request; International Hours: 91. instrument and instructions should be Import Certificate Estimated Total Annual Cost to directed to Larry Hall, BIS ICB Liaison, Public: $1,814. (202) 482–4895, [email protected]. AGENCY: Bureau of Industry and Security. IV. Request for Comments SUPPLEMENTARY INFORMATION: ACTION: Notice. Comments are invited on: (a) Whether I. Abstract the proposed collection of information Foreign governments, on occasions, SUMMARY: The Department of is necessary for the proper performance require U.S. importers of strategic Commerce, as part of its continuing of the functions of the agency, including effort to reduce paperwork and commodities to furnish their foreign whether the information shall have supplier with a U.S. Delivery respondent burden, invites the general practical utility; (b) the accuracy of the public and other Federal agencies to Verification Certificate validating that agency’s estimate of the burden the commodities shipped to the U.S. take this opportunity to comment on (including hours and cost) of the proposed and/or continuing information were in fact received. This procedure proposed collection of information; (c) increases the effectiveness of controls collections, as required by the ways to enhance the quality, utility, and Paperwork Reduction Act of 1995. on the international trade of strategic clarity of the information to be commodities. DATES: Written comments must be collected; and (d) ways to minimize the submitted on or before July 20, 2010. burden of the collection of information II. Method of Collection ADDRESSES: Direct all written comments on respondents, including through the Submitted electronically or in paper to Diana Hynek, Departmental use of automated collection techniques form. Paperwork Clearance Officer, or other forms of information III. Data Department of Commerce, Room 6625, technology. 14th and Constitution Avenue, NW., Comments submitted in response to OMB Control Number: 0694–0016. Washington, DC 20230 (or via the this notice will be summarized and/or Form Number(s): BIS–647P. Internet at [email protected]). included in the request for OMB Type of Review: Regular submission. Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: approval of this information collection; profit organizations. Requests for additional information or they also will become a matter of public record. Estimated Number of Respondents: copies of the information collection 100. instrument and instructions should be Dated: May 17, 2010. Estimated Time per Response: 31 directed to Larry Hall, BIS ICB Liaison, Gwellnar Banks, minutes. (202) 482–4895, [email protected]. Management Analyst, Office of the Chief Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Information Officer. Hours: 56. [FR Doc. 2010–12185 Filed 5–20–10; 8:45 am] Estimated Total Annual Cost to I. Abstract BILLING CODE 3510–33–P Public: $0. The United States and several other countries have increased the IV. Request for Comments effectiveness of their respective controls DEPARTMENT OF COMMERCE Comments are invited on: (a) Whether over international trade in strategic the proposed collection of information commodities by means of an Import Bureau of Industry and Security is necessary for the proper performance Certificate procedure. For the U.S. Proposed Information Collection; of the functions of the agency, including importer, this procedure provides that, Comment Request; Delivery whether the information shall have where required by the exporting Verification Procedure practical utility; (b) the accuracy of the country, the importer submits an agency’s estimate of the burden international import certificate to the AGENCY: Bureau of Industry and (including hours and cost) of the U.S. Government to certify that he/she Security. proposed collection of information; (c)

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ways to enhance the quality, utility, and Tubular Goods from China ministerial error allegations or rebuttal clarity of the information to be (Investigation No. 731–TA–1159 (Final), comments. collected; and (d) ways to minimize the USITC Publication 4152 (May 2010)). In After analyzing all interested party burden of the collection of information addition, the Department is amending comments and rebuttals, we have on respondents, including through the its final determination as a result of determined, in accordance with section use of automated collection techniques ministerial errors. 735(e) of the Act and 19 CFR 351.224(e), or other forms of information that we made ministerial errors in our technology. FOR FURTHER INFORMATION CONTACT: Paul calculations for the Final Determination Comments submitted in response to Stolz or Eugene Degnan, AD/CVD with respect to TPCO. For a detailed this notice will be summarized and/or Operations, Office 8, Import discussion of these ministerial errors, as included in the request for OMB Administration, International Trade well as the Department’s analysis of the approval of this information collection; Administration, U.S. Department of errors and allegations, see the they also will become a matter of public Commerce, 14th Street and Constitution Memorandum to the File, ‘‘Ministerial record. Avenue, NW., Washington, DC 20230; Error Memorandum, Certain Oil telephone: (202) 482–4474 or (202) 482– Dated: May 17, 2010. Country Tubular Goods from the 0414, respectively. Gwellnar Banks, People’s Republic of China, Final Management Analyst, Office of the Chief SUPPLEMENTARY INFORMATION: In Determination of Sales at Less Than Fair Information Officer. accordance with sections 735(d) and Value,’’ dated May 18, 2010. [FR Doc. 2010–12184 Filed 5–20–10; 8:45 am] 777(i)(1) of the Tariff Act of 1930, as Additionally, in the Final Determination, we determined that BILLING CODE 3510–33–P amended, (‘‘Act’’), the Department published the final determination of numerous companies qualified for a sales at less than fair value in the separate rate. See Final Determination. DEPARTMENT OF COMMERCE antidumping investigation of OCTG Because the only other mandatory from the PRC. See Certain Oil Country respondent in this investigation, Jiangsu International Trade Administration Tubular Goods from the People’s Changbao Steel Tube Co., Ltd. and Jiangsu Changbao Precision Tube Co., [A–570–943] Republic of China: Final Determination Ltd. (collectively ‘‘Changbao’’), was of Sales at Less Than Fair Value, determined to be part of the PRC-wide Certain Oil Country Tubular Goods Affirmative Final Determination of entity in the Final Determination, the From the People’s Republic of China: Critical Circumstances and Final cash deposit rate for these separate-rate Amended Final Determination of Sales Determination of Targeted Dumping, 75 companies is based on the calculated at Less Than Fair Value and FR 20335 (April 19, 2010) (‘‘Final rate of the sole remaining mandatory Antidumping Duty Order Determination’’). respondent: TPCO. See id.; see also AGENCY: Import Administration, Amendment to the Final Determination Final Determination and accompanying International Trade Administration, ‘‘Issues and Decision Memorandum for Department of Commerce. On April 19, 2010, the Department the Antidumping Duty Investigation of DATES: Effective Date: May 21, 2010. published its affirmative final Certain Oil Country Tubular Goods from SUMMARY: Based on affirmative final determination in this proceeding. See the People’s Republic of China’’, at determinations by the Department of Final Determination. On April 21, 2010, Comment 30. Therefore, because the Commerce (the ‘‘Department’’) and the Tianjin Pipe (Group) Corporation margin for TPCO has changed since the International Trade Commission (‘‘ITC’’), (‘‘TPCO’’), a mandatory respondent, and Final Determination, the separate rate the Department is issuing an Petitioners 1 submitted ministerial error has changed as well. It is now 32.07 antidumping duty order on certain oil allegations and requested, pursuant to percent. See Memorandum to the File, country tubular goods (‘‘OCTG’’) from 19 CFR 351.224, that the Department ‘‘Investigation of Certain Oil Country the People’s Republic of China (‘‘PRC’’). correct the alleged ministerial errors in Tubular Goods from the People’s On May 14, 2010 the ITC notified the the calculation of TPCO’s dumping Republic of China: Amended Final Department of its affirmative margin. Petitioners submitted rebuttal Determination Analysis Memorandum, determination of threat of material comments on April 26, 2010. TPCO Tianjin Pipe (Group) Corporation,’’ injury to a U.S. industry, and its submitted rebuttal comments on April dated May 18, 2010. The amended negative determination of critical 23, 2010 and on April 27, 2010.2 No weighted-average dumping margins are circumstances. See Certain Oil Country other interested party submitted as follows:

Weighted-aver- Exporter Producer age margin percent

Tianjin Pipe International Economic and Trading Corporation Tianjin Pipe (Group) Corporation ...... 32.07 Angang Group Hong Kong Co., Ltd ...... Angang Steel Co. Ltd ...... 32.07 Angang Steel Co., Ltd., and Angang Group International Angang Steel Co. Ltd ...... 32.07 Trade Corporation. Anhui Tianda Oil Pipe Co., Ltd ...... Anhui Tianda Oil Pipe Co., Ltd ...... 32.07 Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...... Anshan Zhongyou Tipo Pipe & Tubing Co., Ltd ...... 32.07 Baotou Steel International Economic and Trading Co., Ltd ..... Seamless Tube Mill of Inner Mongolia Baotou Steel Union 32.07 Co., Ltd.3. Benxi Northern Steel Pipes Co., Ltd ...... Benxi Northern Steel Pipes Co., Ltd ...... 32.07

1 United States Steel Corporation, Maverick Tube Manufacturing, Energy, Allied Industrial and 2 This second set of rebuttal comments was Corporation, TMK IPSCO, V&M Star L.P., Service Workers International Union, AFL–CIO– submitted by TPCO in response to Petitioners’ Wheatland Tube Corp., Evraz Rocky Mountain CLC are the petitioners (collectively ‘‘Petitioners’’) rebuttal comments submitted on April 23, 2010. Steel, and United Steel, Paper and Forestry, Rubber, in this investigation.

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Weighted-aver- Exporter Producer age margin percent

Chengdu Wanghui Petroleum Pipe Co. Ltd ...... Chengdu Wanghui Petroleum Pipe Co. Ltd ...... 32.07 Dalipal Pipe Company ...... Dalipal Pipe Company ...... 32.07 Faray Petroleum Steel Pipe Co. Ltd ...... Faray Petroleum Steel Pipe Co. Ltd ...... 32.07 Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, The Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, 32.07 Thermal Recovery Equipment, Zibo Branch. The Thermal Recovery Equipment, Zibo Branch. Hengyang Steel Tube Group International Trading, Inc ...... Hengyang Valin MPM Tube Co., Ltd.; Hengyang Valin Steel 32.07 Tube Co., Ltd. Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel Huludao Steel Pipe Industrial Co., Ltd./Huludao City Steel 32.07 Pipe Industrial Co., Ltd. Pipe Industrial Co., Ltd. Jiangsu Chengde Steel Tube Share Co., Ltd ...... Jiangsu Chengde Steel Tube Share Co., Ltd ...... 32.07 Jiangyin City Changjiang Steel Pipe Co., Ltd ...... Jiangyin City Changjiang Steel Pipe Co., Ltd ...... 32.07 Pangang Group Beihai Steel Pipe Corporation ...... Pangang Group Beihai Steel Pipe Corporation ...... 32.07 Pangang Group Chengdu Iron & Steel ...... Pangang Group Chengdu Iron & Steel ...... 32.07 Qingdao Bonded Logistics Park Products International Trad- Shengli Oilfield Highland Petroleum Equipment Co., Ltd.; ...... 32.07 ing Co., Ltd. Shandong Continental Petroleum Equipment Co., Ltd.; 32.07 Aofei Tele Dongying Import & Export Co., Ltd.; Highgrade Tubular Manufacturing (Tianjin) Co., Ltd.; Cangzhou City Baohai Petroleum Material Co., Ltd. Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Spe- Qiqihaer Haoying Iron and Steel Co., Ltd. of Northeast Spe- 32.07 cial Steel Group. cial Steel Group. Shandong Dongbao Steel Pipe Co., Ltd ...... Shandong Dongbao Steel Pipe Co., Ltd ...... 32.07 ShanDong HuaBao Steel Pipe Co., Ltd ...... ShanDong HuaBao Steel Pipe Co., Ltd ...... 32.07 Shandong Molong Petroleum Machinery Co., Ltd ...... Shandong Molong Petroleum Machinery Co., Ltd ...... 32.07 Shanghai Metals & Minerals Import & Export Corp./Shanghai Jiangsu Changbao Steel Pipe Co., Ltd.; ...... 32.07 Minmetals Materials & Products Corp. Huludao Steel Pipe Industrial Co., Ltd.; Northeast Special Steel Group Qiqihaer Haoying Steel and Iron Co., Ltd.; Beijing Youlu Co., Ltd. Shanghai Zhongyou Tipo Steel Pipe Co., Ltd ...... Shanghai Zhongyou Tipo Steel Pipe Co., Ltd ...... 32.07 Shengli Oil Field Freet Petroleum Equipment Co., Ltd ...... Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, 32.07 The Thermal Recovery Equipment, Zibo Branch;. Faray Petroleum Steel Pipe Co., Ltd.; Shengli Oil Field Freet Petroleum Steel Pipe Co., Ltd. Shengli Oil Field Freet Petroleum Steel Pipe Co., Ltd ...... Freet Petroleum Equipment Co., Ltd. of Shengli Oil Field, 32.07 The Thermal Recovery Equipment, Zibo Branch;. Anhui Tianda Oil Pipe Co., Ltd; Wuxi Fastube Dingyuan Precision Steel Pipe Co., Ltd. Shengli Oilfield Highland Petroleum Equipment Co., Ltd ...... Tianjin Pipe Group Corp.; ...... 32.07 Goods & Materials Supply Dept. of Shengli Oilfield SinoPEC; Dagang Oilfield Group New Century Machinery Co. Ltd.; Tianjin Seamless Steel Pipe Plant; Baoshan Iron & Steel Co. Ltd. Shengli Oilfield Shengji Petroleum Equipment Co., Ltd ...... Shengli Oilfield Shengji Petroleum Equipment Co., Ltd ...... 32.07 Tianjin Xingyuda Import and Export Co., Ltd. & Hong Kong Tianjin Lifengyuanda Steel Group Co., Ltd ...... 32.07 Gallant Group Limited. Tianjin Seamless Steel Pipe Plant ...... Tianjin Seamless Steel Pipe Plant ...... 32.07 Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., Tianjin Tiangang Special Petroleum Pipe Manufacturer Co., 32.07 Ltd. Ltd. Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd Wuxi Baoda Petroleum Special Pipe Manufacturing Co., Ltd 32.07 Wuxi Seamless Oil Pipe Co., Ltd ...... Wuxi Seamless Oil Pipe Co., Ltd ...... 32.07 Wuxi Sp. Steel Tube Manufacturing Co., Ltd ...... Wuxi Precese Special Steel Co., Ltd ...... 32.07 Wuxi Zhenda Special Steel Tube Manufacturing Co., Ltd ...... Huai’an Zhenda Steel Tube Manufacturing Co., Ltd ...... 32.07 Xigang Seamless Steel Tube Co., Ltd ...... Xigang Seamless Steel Tube Co., Ltd.; ...... 32.07 Wuxi Seamless Special Pipe Co., Ltd. Yangzhou Lontrin Steel Tube Co., Ltd ...... Yangzhou Lontrin Steel Tube Co., Ltd ...... 32.07 Zhejiang Jianli Co., Ltd. & Zhejiang Jianli Steel Tube Co., Ltd Zhejiang Jianli Co., Ltd.; ...... 32.07 Zhejiang Jianli Steel Tube Co., Ltd. PRC-wide Entity * ...... 99.14 * Includes: Jiangsu Changbao Steel Tube Co., Ltd. and Jiangsu Changbao Precision Tube Co., Ltd. and Shengli Oil Field Freet Import & Ex- port Trade Co., Ltd.

Antidumping Duty Order notified the Department of its final Determination of Sales at Less Than Fair Value, determination in this investigation. In On May 14, 2010, in accordance with Affirmative Preliminary Determination of Critical its determination, the ITC found a threat section 735(d) of the Act, the ITC Circumstances and Postponement of Final Determination, 74 FR 59117 (November 17, 2009) and Certain Oil Country Tubular Goods From the Fair Value, 74 FR 69065 (December 30, 2009), we 3 In Certain Oil Country Tubular Goods From the inadvertently identified the producer as Baotou People’s Republic of China: Notice of Amended People’s Republic of China: Notice of Preliminary Steel International Economic and Trading Co., Ltd. Preliminary Determination of Sales at Less Than

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of material injury. According to section green tubes and limited service OCTG estimated amount by which the normal 736(b)(2) of the Act, duties shall be products), whether or not thread value exceeds the U.S. price as assessed on subject merchandise protectors are attached. The scope of the indicated in the chart above. These entered, or withdrawn from warehouse, order also covers OCTG coupling stock. instructions suspending liquidation will for consumption on or after the date of Excluded from the scope of the order are remain in effect until further notice. publication of the ITC’s notice of final casing or tubing containing 10.5 percent Additionally, in the Final determination if that determination is or more by weight of chromium; drill Determination, the Department noted based on the threat of material injury pipe; unattached couplings; and that in Certain Oil Country Tubular and is not accompanied by a finding unattached thread protectors. Goods From the People’s Republic of that injury would have resulted without The merchandise covered by the order China: Amended Final Affirmative the imposition of suspension of is currently classified in the Countervailing Duty Determination and liquidation of entries since the Harmonized Tariff Schedule of the Countervailing Duty Order, 75 FR 3203 Department’s preliminary United States (‘‘HTSUS’’) under item (January 20, 2010) (‘‘CVD Final’’) the determination. In addition, section numbers: 7304.29.10.10, 7304.29.10.20, Department determined that the 736(b)(2) of the Act requires U.S. 7304.29.10.30, 7304.29.10.40, products under investigation, exported Customs and Border Protection (‘‘CBP’’) 7304.29.10.50, 7304.29.10.60, and produced by TPCO, benefitted from to refund any cash deposits or bonds of 7304.29.10.80, 7304.29.20.10, an export subsidy. Therefore, we will estimated antidumping duties posted 7304.29.20.20, 7304.29.20.30, instruct CBP to require an antidumping since the preliminary antidumping 7304.29.20.40, 7304.29.20.50, cash deposit or posting of a bond equal determination if the ITC’s final 7304.29.20.60, 7304.29.20.80, to the weighted-average amount by determination is threat-based. 7304.29.31.10, 7304.29.31.20, which the normal value exceeds the Therefore, in accordance with section 7304.29.31.30, 7304.29.31.40, U.S. price for TPCO, as indicated above, 733(d) of the Act and our practice, we 7304.29.31.50, 7304.29.31.60, minus the amount determined to will instruct CBP to terminate the 7304.29.31.80, 7304.29.41.10, constitute an export subsidy. suspension of liquidation and to 7304.29.41.20, 7304.29.41.30, Further, for the two separate-rate liquidate, without regard to 7304.29.41.40, 7304.29.41.50, companies in this investigation that also antidumping duties, unliquidated 7304.29.41.60, 7304.29.41.80, participated as mandatory respondents entries of OCTG from the PRC entered, 7304.29.50.15, 7304.29.50.30, in the CVD investigation (i.e., Wuxi or withdrawn from warehouse, for 7304.29.50.45, 7304.29.50.60, Seamless Oil Pipe Co., Ltd., and consumption on or after November 17, 7304.29.50.75, 7304.29.61.15, Zhejiang Jianli Co., Ltd. & Zhejiang 2009, and before the date of publication 7304.29.61.30, 7304.29.61.45, Jianli Steel Tube Co., Ltd.), because it of the ITC’s final determination in the 7304.29.61.60, 7304.29.61.75, was determined in the CVD Final that Federal Register. Suspension of 7305.20.20.00, 7305.20.40.00, these companies did not benefit from liquidation will continue after this date. 7305.20.60.00, 7305.20.80.00, any export subsidy, we will not make an See the Suspension of Liquidation 7306.29.10.30, 7306.29.10.90, adjustment to the antidumping duty rate section below. In addition, with regard 7306.29.20.00, 7306.29.31.00, of these companies for purposes of cash to the ITC’s negative critical 7306.29.41.00, 7306.29.60.10, deposits. circumstances determination, and 7306.29.60.50, 7306.29.81.10, and For the remaining separate-rate regarding to exports from the PRC-wide 7306.29.81.50. companies, we will instruct CBP to entity, we will also instruct CBP to lift The OCTG coupling stock covered by adjust the dumping margin by the suspension, release any bond or other the order may also enter under the amount of export subsidies included in security, and refund any cash deposit following HTSUS item numbers: the All Others rate from the CVD Final. made to secure the payment of 7304.39.00.24, 7304.39.00.28, Accordingly, effective on the date of antidumping duties with respect to 7304.39.00.32, 7304.39.00.36, publication of the ITC’s final affirmative entries of the merchandise entered, or 7304.39.00.40, 7304.39.00.44, injury determination, CBP will require, withdrawn from warehouse, for 7304.39.00.48, 7304.39.00.52, at the same time as importers would consumption on or after August 19, 7304.39.00.56, 7304.39.00.62, normally deposit estimated duties on 2009 4 (i.e., 90 days prior to the date of 7304.39.00.68, 7304.39.00.72, this subject merchandise, a cash deposit publication of the preliminary 7304.39.00.76, 7304.39.00.80, equal to the estimated weighted-average determination in the Federal Register), 7304.59.60.00, 7304.59.80.15, antidumping duty margins as discussed through November 16, 2009. 7304.59.80.20, 7304.59.80.25, above. See section 735(c)(3) of the Act. Scope of the Order 7304.59.80.30, 7304.59.80.35, The ‘‘PRC-wide’’ rate applies to all The scope of this order consists of 7304.59.80.40, 7304.59.80.45, exporters of subject merchandise not certain OCTG, which are hollow steel 7304.59.80.50, 7304.59.80.55, specifically listed. products of circular cross-section, 7304.59.80.60, 7304.59.80.65, In accordance with section 736 of the including oil well casing and tubing, of 7304.59.80.70, and 7304.59.80.80. Act, the Department will also direct CBP iron (other than cast iron) or steel (both The HTSUS subheadings are provided to assess antidumping duties on all carbon and alloy), whether seamless or for convenience and customs purposes unliquidated entries of OCTG from the welded, regardless of end finish (e.g., only; the written description of the PRC entered, or withdrawn from whether or not plain end, threaded, or scope of the order is dispositive. warehouse, for consumption on or after threaded and coupled) whether or not the date on which the ITC published its Continuation of Suspension of notice of final determination of threat of conforming to American Petroleum Liquidation Institute (‘‘API’’) or non-API material injury in the Federal Register. specifications, whether finished In accordance with section This notice constitutes the (including limited service OCTG 735(c)(1)(B) of the Act, we will instruct antidumping duty order with respect to products) or unfinished (including CBP to suspend liquidation on all OCTG from the PRC pursuant to section entries of subject merchandise from the 736(a) of the Act. Interested parties may 4 This date was incorrectly identified as ‘‘April 19, PRC. We will also instruct CBP to contact the Department’s Central 2009’’ in the Final Determination. require cash deposits equal to the Records Unit, Room 1117 of the main

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Commerce building, for copies of an shipments for the domestic market, the SUMMARY: The United States Patent and updated list of antidumping duty orders finished household bedding products Trademark Office (USPTO) currently in effect. would be entered for consumption from implemented the Green Technology This order is published in accordance the proposed subzone classified under Pilot Program on December 8, 2009, with section 736(a) of the Act and 19 HTSUS 9404.90, and LBC is seeking which permits patent applications CFR 351.211. authority to elect the various finished pertaining to environmental quality, Dated: May 19, 2010. bedding product duty rates (4.4 - 7.3%, energy conservation, development of renewable energy resources, and Ronald K. Lorentzen, ad valorem) for the foreign–origin fabric and pillow shell material inputs. greenhouse gas emission reduction to be Deputy Assistant Secretary for Import advanced out of turn for examination Administration. Domestic–status fibers would be used to fill the foreign pillow shells. The and reviewed earlier (accorded special [FR Doc. 2010–12370 Filed 5–20–10; 8:45 am] application indicates that the savings status). The program is designed to BILLING CODE 3510–DS–P from FTZ procedures would help promote the development of green improve the facility’s international technologies. However, the pilot program was limited to only DEPARTMENT OF COMMERCE competitiveness. In accordance with the Board’s applications classified in a number of Foreign–Trade Zones Board regulations, Pierre Duy of the FTZ Staff U.S. classifications to assist the USPTO is designated examiner to evaluate and to balance the workload and gauge [Docket 35–2010] analyze the facts and information resources needed for the program. The presented in the application and case USPTO has determined that the Foreign–Trade Zone 50 Long Beach, record and to report findings and classification requirement is California, Application for Subzone, recommendations to the Board. unnecessary because the workload has Louisville Bedding Company Public comment is invited from been balanced with other mechanism, (Household Bedding Products), interested parties. Submissions (original and this requirement was causing the Ontario, California and 3 copies) shall be addressed to the denial of petitions for applications that An application has been submitted to Board’s Executive Secretary at the are drawn to green technologies. The the Foreign–Trade Zones Board (the following address: Office of the USPTO is hereby eliminating the Board) by the Board of Harbor Executive Secretary, Room 2111, U.S. classification requirement for any Commissioners of the Port of Long Department of Commerce, 1401 petitions that are decided on or after the Beach, grantee of FTZ 50, requesting Constitution Avenue, NW, Washington, publication date of this notice. This will special–purpose subzone status for the DC 20230–0002. The closing period for permit more applications to qualify for bedding products manufacturing facility receipt of comments is July 20, 2010. the program, thereby allowing more of Louisville Bedding Company (LBC) Rebuttal comments in response to inventions related to green technologies located in Ontario, California. The material submitted during the foregoing to be advanced out of turn for application was submitted pursuant to period may be submitted during the examination and reviewed earlier. the provisions of the Foreign–Trade subsequent 15-day period to August 4, DATES: Effective Date: This change to the Zones Act, as amended (19 U.S.C. 81a– 2010. Green Technology Pilot Program is 81u), and the regulations of the Board A copy of the application will be effective May 21, 2010. (15 CFR part 400). It was formally filed available for public inspection at the Duration: The Green Technology Pilot on May 14, 2010. Office of the Foreign–Trade Zones Program will run for twelve months The LBC plant (105 employees/9.7 Board’s Executive Secretary at the from December 8, 2009, and the USPTO acres) is located at 1200 South Etiwanda address listed above and in the ‘‘Reading will only accept the first 3,000 grantable Avenue in Ontario, California. The Room’’ section of the Board’s website, petitions to make special under the facility is used to manufacture which is accessible via www.trade.gov/ Green Technology Pilot Program in new household bedding products, including ftz. For further information, contact applications filed before December 8, mattress pads and pillows (up to 10 Pierre Duy at [email protected] or 2009. Accordingly, if less than 3,000 million pillows and 2 million mattress (202) 482–1378. grantable petitions are received, the pads annually) for the U.S. market and Dated: May 17, 2010. pilot program will end on December 8, 2010. export. LBC is requesting authority to Andrew McGilvray, FOR FURTHER INFORMATION CONTACT: utilize foreign–origin wide roll (80 Executive Secretary. Pinchus M. Laufer and Joni Y. Chang, inches and wider), high thread count [FR Doc. 2010–12287 Filed 5–20–10; 8:45 am] (180 threads per inch and higher) Senior Legal Advisors, Office of Patent BILLING CODE 3510–DS–S cotton, polyester, and synthetic woven Legal Administration, Office of the fabric and pillow shells (classified Associate Commissioner for Patent under HTSUS Headings 5208, 5210, DEPARTMENT OF COMMERCE Examination Policy, by telephone at 5512, 5513, and 6307; duty rate range: 571–272–7726 or 571–272–7720; by 7 14.9%) to be cut, sewn, quilted and United States Patent and Trademark facsimile transmission to 571–273– assembled into the bedding products Office 7726, marked to the attention of Pinchus noted above under FTZ procedures. The M. Laufer; or by mail addressed to: Mail company has also submitted an [Docket No.: PTO–P–2010–0042] Stop Comments Patents, Commissioner application to the Board for subzone for Patents, P.O. Box 1450, Alexandria, status for its Louisville, Kentucky, Elimination of Classification VA 22313–1450. facilities (Docket 28–2010, 75 FR 24572, Requirement in the Green Technology SUPPLEMENTARY INFORMATION: The 5–5–2010). Pilot Program USPTO published a notice for the FTZ procedures could exempt LBC AGENCY: United States Patent and implementation of the Green from customs duty payments on the Trademark Office, Commerce. Technology Pilot Program on December foreign–origin fabrics and pillow shells 8, 2009. See Pilot Program for Green ACTION: Notice. used in export production. On its Technologies Including Greenhouse Gas

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Reduction, 74 FR 64666 (December 8, statement providing the basis for the will support U.S. delegates to gain 2009), 1349 Off. Gaz. Pat. Office 362 special status (e.g., for an application market insight, local private and public (December 29, 2009) (Green Technology pertaining to environmental quality, the contacts, and identify potential business Notice). The Green Technology Notice petition must state that special status is opportunities and partners. In addition indicated that an applicant may have an sought because the invention materially to the welcome reception and application advanced out of turn enhances the quality of the environment Matchmaking Services, a 1-day Green (accorded special status) for by contributing to the restoration or ICT & Energy Efficiency conference will examination, if the application maintenance of the basic life-sustaining take place at the World Trade Center in pertained to green technologies natural elements). The petition must Mexico City. Relevant issues on energy including greenhouse gas reduction also include a statement explaining how efficiency in data centers, smart grids, (applications pertaining to the materiality standard is met, unless and green buildings will be discussed. environmental quality, energy (1) the application clearly discloses that Mission delegates will have an conservation, development of renewable the claimed invention materially opportunity to exhibit outside of the energy resources or greenhouse gas enhances the quality of the environment conference hall during this event. emission reduction) and met other by contributing to the restoration or Furthermore, this mission will take requirements specified in the Green maintenance of one of the basic life- place during the same days as The Technology Notice. The pilot program sustaining natural elements, or (2) the Green Expo at the World Trade Center was designed to promote the application disclosure is clear on its in Mexico City. As a separate activity development of green technologies. The face that the claimed invention and independent of the mission, USPTO received positive feedback and materially contributes to (a) delegates will be granted a discount by suggestions from the stakeholders development of renewable energy or EJ Krause, organizer of The Green Expo, regarding the pilot program. energy conservation, or (b) greenhouse to exhibit at the show in the USA The Green Technology Notice gas emission reduction. Pavilion. required inter alia that the application Commercial Setting be classified in one of the U.S. Dated: May 12, 2010. classifications listed in the Green David J. Kappos, On August 10, 2009 during the North Technology Notice to be accorded Under Secretary of Commerce for Intellectual American Leaders Summit, Presidents special status under the Green Property and Director of the United States Obama and Caldero´n committed their Technology Pilot Program. Limiting the Patent and Trademark Office. two countries to work together on pilot program to only applications [FR Doc. 2010–12328 Filed 5–20–10; 8:45 am] environmental cooperation, sustainable classified in these U.S. classifications BILLING CODE 3510–16–P development, and clean energy assisted the USPTO to balance the research, development, and deployment workload and gauge resources needed issues. for the program. The USPTO has DEPARTMENT OF COMMERCE President Felipe Calderon in his 2007 determined that the classification National Strategy on Climate Change International Trade Administration requirement in the Green Technology recognized the importance and need for environmentally friendly policies and Notice is unnecessary because the Executive Green ICT & Energy solutions within Mexico and set a target workload has been balanced with other Efficiency Trade Mission to Mexico of reducing 107 million tons of green mechanism, and this requirement was City, Mexico causing the denial of petitions for house gases (GHG) by 2014 in the applications that are drawn to green AGENCY: International Trade energy sector alone. Mexico currently technologies. Therefore, the USPTO is Administration, Department of has several green friendly projects hereby eliminating the classification Commerce. funded by the World Bank, including requirement for any petitions that are ACTION: Notice. wind technologies, waste management, decided on or after the publication date renewable energy development projects, of this notice. This will permit more Mission Description modernization of the water and applications to qualify for the pilot sanitation sectors, and a hybrid solar program, thereby allowing more The United States Department of thermal power plant. With a inventions related to green technologies Commerce, International Trade demonstrated interest in expanding to be advanced out of turn for Administration, and U.S. & Foreign environmentally friendly projects and examination and reviewed earlier. Commercial Service are organizing an policies, Mexico provides a growing Applicants whose petitions were Executive Green ICT & Energy market for green technologies. dismissed or denied solely on the basis Efficiency Trade Mission to Mexico City The Information and Communications that their applications did not meet the from September 27–29, 2010. This Technology industry (ICT), which classification requirement may file a Executive led mission will focus on includes telecom service operators renewed petition. If the renewed assisting U.S. providers of ‘‘Green (fixed, wireless, cable, Internet, etc.) as petition is filed within one month of the Information & Communication well as IT service and management publication date of this notice, it will be Technology (ICT)’’ solutions, as well as firms, integrators, software developers, given priority as of the date applicant energy efficiency technologies to enter and equipment manufacturers, have a filed the initial petition. or increase their presence in various fundamental role in reducing the To participate in the pilot program, sectors of the Mexican market. This will negative environmental impact of applicant must file a petition to make include data centers, emissions. special under the Green Technology telecommunications, utilities, and ICT has increased productivity and Pilot Program that satisfies all other construction. Green ICTs—or smart competitiveness, and supported requirements set forth in the Green technologies—provide monitoring, economic growth around the world. Technology Notice. For example, to supervision and automation capabilities Today, ICT is an important supporter of satisfy the eligibility requirements, the to reach energy efficiency in the a sustainable environment by becoming petition must contain the following mentioned industries, such as smart an enabler of energy efficiencies in statements. The petition must include a grids and smart buildings. The mission multiple industrial sectors, particularly

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in power transmission and distribution, Mission Scenario sectors: Telecommunications, electric manufacturing, construction, and The Green ICT and Energy Efficiency grid, and construction. The speakers transportation emissions. Furthermore, Trade Mission will promote and will be any or a combination of the the ICT sector has its own energy showcase mission delegates at different following: Industry, sponsors, USG, and efficiency challenges to overcome, such levels. They will be able to attend and GOM officials. The focus will be on U.S. as to reduce energy consumption in exhibit in a specialized conference. products/solutions and their application enterprise IT and Data Center Additionally, they will have the to Mexico. • operations. opportunity to formally exhibit in the Exhibition. September 28—8 a.m.–6 USA Pavilion during The Green Expo. p.m. Mission members can exhibit Mission Goals Finally, delegates will have various products and services on tabletop displays outside of the conference hall. The goals of the Green ICT and Energy opportunities for high level • Matchmaking. September 29—8 Efficiency Trade Mission to Mexico City matchmaking and networking with Mexican companies, government, a.m.–6 p.m. Pre-screened one-on-one are to (1) create business, networking, organizations and specialists. appointments will be arranged in and exhibition opportunities for The mission will have the following Mexico City. participating companies, and create components: • The Green Expo Trade Show. awareness in Mexico of the U.S. green • Networking and Welcome September 28–30. CS Mexico will host information technology and energy Reception. September 27—7 p.m.–9:30 a USA Pavilion for companies providing efficiency technologies available; (2) p.m. A networking reception will be environmental solutions, such as water, provide information and energy held the evening before the Green ICT alternative energy, etc. EJ Krause will efficiency solutions for the Mexican and Energy Efficiency Conference. grant a discount to those mission Government, public utility company, Attendees will include mission members that would like to exhibit at construction sector, and IT companies members, U.S. Government officials, the pavilion during their visit to Mexico and telecommunication operators by Government of Mexico officials, City. speakers and sponsors. The venue will highlighting U.S. company solutions; (3) Proposed Mission Timetable showcase ICT sustainable environment be the Ambassador’s Residence. and energy efficiency solutions for • Green ICT and Energy Efficiency Mission participants will be different industry sectors to improve Conference. September 28—8 a.m.–6 encouraged to arrive no later than early monitoring and supervision. p.m. There will be 8 keynote speakers afternoon Monday, September 27 in discussing key issues of Green ICT and order to participate in the evening Energy Efficiency solutions in three networking and welcome reception.

Monday, Sept. 27 ...... 6:30 p.m.–7 p.m. Trade Mission briefing in hotel. 7:30 p.m.–9:30 p.m. Networking Reception, Ambassador’s Residence. Tuesday, Sept. 28 ...... Mexico City. 8 a.m.–6 p.m. Green ICT and Energy Efficiency Conference, Room Olmeca 3, WTC Mexico City. Wednesday, Sept. 29 ...... Mexico City. 8 a.m.–6 p.m. Gold Key Appointments, Mexico City. End Mission.

Participation Requirements large firms and $2,450 for a small or information, or take the lack of 1 All parties interested in participating medium-sized enterprise (SME). The information into account when in the Executive Green ICT and Energy fee includes participation of two evaluating the applications. • Efficiency Trade Mission must complete company representatives; the fee for Each applicant must also certify and submit an application package for each additional firm representative that the products and services it seeks consideration by the Department of (large firm or SME) is $500. Expenses to export through the mission are either Commerce. All applicants will be for travel, transportation, lodging, most produced in the United States, or, if not, evaluated on their ability to meet certain meals, and incidentals will be the marketed under the name of a U.S. firm conditions and best satisfy the selection responsibility of each mission and have at least 51 percent U.S. criteria as outlined below. A minimum participant. content of the value of the finished product or service. of fifteen U.S. companies and maximum Conditions for Participation of twenty-five U.S. companies will be • Selection Criteria for Participation selected to participate in the mission An applicant must submit a from the applicant pool. The Executive completed and signed mission Selection will be based on the Green ICT and Energy Efficiency Trade application and supplemental following criteria: • Mission will seek to recruit U.S. IT application materials, including Suitability of a company’s products small and medium size companies that adequate information on the company’s or services to the mission’s goals. • provide products, solutions, products and/or services, primary Applicant’s potential for business technologies, and ‘‘know-how’’ aimed at market objectives, and goals for in Mexico, including likelihood of efficient energy use in the telecom, participation. If the Department of exports resulting from the trade mission. energy and construction sectors. Commerce receives an incomplete • Consistency of the applicant’s goals application, the Department may reject and objectives with the stated scope of Fees and Expenses the application, request additional the trade mission. After a company has been selected to Referrals from political organizations participate in the mission, a payment to 1 An SME is defined as a firm with 500 or fewer and any documents containing employees or that otherwise qualifies as a small the Department of Commerce in the business under SBA regulations (see http:// references to partisan political activities form of a participation fee is required. www.sba.gov/services/contractingopportunities/ (including political contributions) will The participation fee will be $2,900 for sizestandardstopics/index.html). be removed from an applicant’s

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submission and not considered during the preliminary results of the determination the next business day the selection process. administrative review of the when the statutory deadline falls on a antidumping duty order on circular weekend, federal holiday, or any other Timeframe for Recruitment and welded carbon steel pipes and tubes day when the Department is closed. See Applications from Thailand. See Circular Welded Notice of Clarification: Application of Mission recruitment will be Carbon Steel Pipes and Tubes from ‘‘Next Business Day’’ Rule for conducted in an open and public Thailand: Preliminary Results and Administrative Determination Deadlines manner, including publication in the Rescission, in Part, of Antidumping Pursuant to the Tariff Act of 1930, As Federal Register, posting on the Duty Administrative Review, 75 FR Amended, 70 FR 24533 (May 10, 2005). Commerce Department trade mission 18788 (April 13, 2010) (Preliminary Accordingly, the deadline for the calendar (www.ita.doc.gov/doctm/ Results). This administrative review completion of the final results is now tmcal.html) and other Internet Web covers the period March 1, 2008 through October 12, 2010, the first business day sites, press releases to general and trade February 28, 2009. This review covers following the 180-day period. media, direct mail, notices by industry one producer/exporter of the subject This notice is issued and published in trade associations and other multiplier merchandise to the United States, Saha accordance with sections 751(a)(3)(A) groups, and publicity at industry Thai Steel Pipe (Public) Company, Ltd. and 777(i)(1) of the Act. meetings, symposia, conferences, and Extension of Time Limit for Final Dated: May 14, 2010. trade shows. Recruitment for the Results John M. Andersen, mission will begin immediately and conclude no later than August 2, 2010. Pursuant to section 751(a)(3)(A) of the Acting Deputy Assistant Secretary for Tariff Act of 1930, as amended (the Act), Antidumping and Countervailing Duty Applications received after that date Operations. will be considered only if space and and 19 CFR 351.213(h)(1), the scheduling constraints permit. Department shall issue final results in [FR Doc. 2010–12305 Filed 5–20–10; 8:45 am] an administrative review of an BILLING CODE 3510–DS–P Contacts antidumping duty order within 120 U.S. Commercial Service in Mexico days after the date on which notice of City: the preliminary results is published in DEPARTMENT OF COMMERCE the Federal Register. However, if the Aliza Totayo, Commercial Officer, T: International Trade Administration +52 (55) 5140–2635, Department determines that it is not [email protected]; practicable to complete the review [C–570–946] Juan Carlos Prieto, Commercial within the time limits, section Pre–Stressed Concrete Steel Wire Specialist, T: +52 (55) 5140–2634, 751(a)(3)(A) of the Act and 19 CFR Strand from the People’s Republic of [email protected]. 351.213(h)(2) allow the Department to extend the 120-day period up to a 180- China: Final Affirmative Countervailing Natalia Susak, day period. Duty Determination Global Trade Programs, Commercial Service Pursuant to section 751(a)(3)(A) of the AGENCY: Import Administration, Trade Missions Program. Act and 19 CFR 351.213(h)(2), we International Trade Administration, [FR Doc. 2010–12207 Filed 5–20–10; 8:45 am] determine that it is not practicable to Department of Commerce. BILLING CODE 3510–FP–P complete the results of this review SUMMARY: The Department of Commerce within the original time limit. The (the Department) determines that Department requested comments from countervailable subsidies are being DEPARTMENT OF COMMERCE interested parties on the effect, if any, of provided to producers and exporters of the application of the quarterly cost pre–stressed concrete steel wire strand International Trade Administration methodology on the Department’s level from the People’s Republic of China (the of trade analysis. In particular, the [A–549–502)] PRC). For information on the estimated Department requested that parties subsidy rates, see the ‘‘Suspension of Circular Welded Carbon Steel Pipes comment on whether the quarterly cost Liquidation’’ section of this notice. and Tubes From Thailand: Extension approach requires an evaluation on a of Time Limit for Final Results of quarterly basis of the pattern of price EFFECTIVE DATE: May 21, 2010. Antidumping Duty Administrative differences and how any such FOR FURTHER INFORMATION CONTACT: Review differences should be analyzed for Robert Copyak, AD/CVD Operations, purposes of determining whether a level Office 3, Operations, Import AGENCY: Import Administration, of trade adjustment is warranted. Administration, U.S. Department of International Trade Administration, Consequently, the Department needs Commerce, Room 4014, 14th Street and Department of Commerce. additional time to consider comments Constitution Avenue, NW, Washington, DATES: Effective Date: May 21, 2010. that were filed by the parties and to DC 20230; telephone: (202) 482–2209. FOR FURTHER INFORMATION CONTACT: develop an appropriate analytical SUPPLEMENTARY INFORMATION: Jacqueline Arrowsmith, AD/CVD approach. Operations, Office 6, Import In accordance with section Background Administration, International Trade 751(a)(3)(A) of the Act and 19 CFR This investigation covers 61 programs Administration, U.S. Department of 351.213(h)(2), the Department has and the following producers/exporters: Commerce, 14th Street and Constitution decided to extend the time limit for the Fasten Group Import & Export Co., Ltd. Avenue, NW., Washington DC 20230; final results from 120 days to 180 days, (Fasten I&E), Fasten Group Corporation telephone: (202) 482–5255. making the new due date for the final (Fasten Corp.), Jiangyin Fasten Steel SUPPLEMENTARY INFORMATION: results, October 10, 2010. However, (Fasten Steel), Jiangyin Hongyu Metal October 10, 2010 falls on a Sunday, and Products Co., Ltd. (Hongyu Metal), Background Monday, October 11, 2010 is a federal Jiangyin Walsin Steel Cable Co., Ltd. On April 13, 2010, the Department of holiday. It is the Department’s long- (Walsin) and Jiangyin Hongsheng Co., Commerce (the Department) published standing practice to issue a Ltd. (Hongsheng) (collectively, the

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Fasten Companies) and Xinhua Metal Xinhua Companies, and the GOC. From purposes, the written description of the Products Company (Xinhua), Xinyu Iron February 23, 2010, through March 9, scope of this investigation is dispositive. and Steel Joint Stock Limited Company 2010, we issued verification reports for Injury Test (Xinyu), and Xinyu Iron and Steel the GOC, the Fasten Companies, and the Limited Liability Company (Xingang) Xinhua Companies. On March 16 and Because the PRC is a ‘‘Subsidies (collectively, the Xinhua Companies). March 24, interested parties submitted Agreement Country’’ within the meaning The petitioners in this investigation are their case and rebuttal briefs. On April of section 701(b) of the Act, the American Spring Wire Corp., Insteel 14, 2010, the Department placed on the International Trade Commission (the Wire Products Company, and Sumiden record of the investigation publicly ITC) is required to determine whether Wire Products Corp. (collectively, the available information concerning the imports of the subject merchandise from petitioners). provision of wire rod for less than the PRC materially injure, or threaten adequate remuneration (LTAR) program. material injury to, a U.S. industry. On Period of Investigation See Memorandum to the File from Eric July 17, 2009, the ITC published its The period of investigation (the POI) B. Greynolds, Program Manager, Office preliminary determination finding that for which we are measuring subsidies is 3, Operations (April 14, 2010) (New there is a reasonable indication that an January 1, 2008, through December 31, Information Memorandum). On April 21 industry in the United States is 2008, which corresponds to the PRC’s and 26, 2010, interested parties materially injured or threatened with most recently completed fiscal year. See submitted comments and clarifying material injury by reason of imports 19 CFR 351.204(b)(2). information concerning the information from the PRC of the subject merchandise. See Pre–Stressed Concrete Case History the Department placed on the record. As explained in the memorandum Steel Wire Strand from China, The following events have occurred from the Deputy Assistant Secretary for Investigation Nos. 701–TA–464 and since the Department announced the Import Administration, the Department 731–TA–1160 (Preliminary), 74 FR Preliminary Determination on October has exercised its discretion to toll 34782 (July 17, 2009). 27, 2009. See Pre–Stressed Concrete deadlines for the duration of the closure Analysis of Comments Received Steel Wire Strand from the People’s of the Federal Government from Republic of China: Preliminary February 5, through February 12, 2010. All issues raised in the case and Affirmative Countervailing Duty Thus, all deadlines in this segment of rebuttal briefs by parties to this Determination, 74 FR 56756 (November the proceeding have been extended by investigation are addressed in the 2, 2009) (Preliminary Determination). seven days. The revised deadline for Decision Memorandum. Attached to this From November 3, 2009, through this CVD investigation is now May 14, notice as an Appendix is a list of the December 23, 2009, we issued 2010. See Memorandum to the Record issues that parties raised and to which supplemental questionnaires to from Ronald K Lorentzen, Deputy we have responded in the Decision Government of the PRC (the GOC), the Assistant Secretary for Import Memorandum. Parties can find a Fasten Companies, and the Xinhua Administration, regarding ‘‘Tolling of complete discussion of all issues raised Companies. From November 9, 2009, Administrative Deadlines As a Result of in this investigation and the through January 25, 2010, the GOC, the the Government Closure During the corresponding recommendations in this Fasten Companies, and the Xinhua Recent Snowstorm,’’ dated February 12, public memorandum, which is on file in Companies submitted supplemental 2010.’’ the Department’s Central Records Unit. questionnaire responses. On October 28, In addition, a complete version of the Scope of Investigation 2009, petitioners requested that the Decision Memorandum can be accessed Department align the due date of the For purposes of this investigation, PC directly on the Internet at http:// final determination of the strand is steel wire strand, other than of ia.ita.doc.gov/frn/. The paper copy and countervailing duty (CVD) investigation stainless steel, which is suitable for use electronic version of the Decision with the due date of the final in, but not limited to, pre–stressed Memorandum are identical in content. determination in the companion concrete (both pre–tensioned and post– antidumping (AD) investigation. On tensioned) applications. The scope of Suspension of Liquidation November 13, 2009, the Department this investigation encompasses all types In accordance with section aligned the due date of the final and diameters of PC strand whether 705(c)(1)(B)(i)(I) of the Act, we have determination in the CVD investigation uncoated (uncovered) or coated calculated an individual rate for the with the due date of the final (covered) by any substance, including companies under investigation: the determination in the AD investigation. but not limited to, grease, plastic sheath, Fasten Companies and the Xinhua See Pre–Stressed Concrete Steel Wire or epoxy. This merchandise includes, Companies. Sections 703(d) and Strand from the People’s Republic of but is not limited to, PC strand 705(c)(5)(A) of the Act state that for China: Alignment of Final produced to the American Society for companies not investigated, we will Countervailing Duty Determination with Testing and Materials (ASTM) A–416 determine an all–others rate by Final Antidumping Duty Determination, specification, or comparable domestic or weighting the individual company 74 FR 59960 (November 19, 2009). On foreign specifications. PC strand made subsidy rate of each of the companies November 20, 2009, the Xinhua from galvanized wire is excluded from investigated by each company’s exports Companies submitted a request for a the scope if the zinc and/or zinc oxide of the subject merchandise to the United public hearing. From November 23, coating meets or exceeds the 0.40 oz./ft2 States. The all–others rate may not 2009, through January 22, 2010, we standard set forth in ASTM–A–475. include zero and de minimis net issued verification outlines to the Fasten The PC strand subject to this subsidy rates, or any rates based solely Companies, the GOC, and the Xinhua investigation is currently classifiable on the facts available. Companies. From January 14, 2010, under subheadings 7312.10.3010 and Notwithstanding the language of through February 3, 2010, verifiers from 7312.10.3012 of the Harmonized Tariff section 705(c)(1)(B)(i)(I) of the Act, we the Department conducted verification Schedule of the United States (HTSUS). have not calculated the all–others rate of the questionnaire responses Although the HTSUS subheadings are by weight averaging the rates of the submitted by the Fasten Companies, the provided for convenience and customs Fasten Companies and the Xinhua

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Companies because doing so risks have calculated a simple average of the disclosure of proprietary information. two responding firms’ rates. Therefore, for the all–others rate, we

Producer/Exporter Subsidy Rate

Fasten Group Corporation (Fasten Corp.), Fasten Group Import & Export Co., Ltd. (Fasten I&E), Jiangyin Hongsheng Co. Ltd. (Hongsheng), Jiangyin Fasten Steel (Fasten Steel), Jiangyin Hongyu Metal Products Co., Ltd. (Hongyu Metal), and Jiangyin Walsin Steel Cable Co., Ltd. (Walsin) (Collectively, the Fasten Companies) ...... 8.85 percent ad valorem Xinhua Metal Products Company (Xinhua), Xinyu Iron and Steel Joint Stock Limited Company (Xinyu), and Xinyu Iron and Steel Limited Liability Company (Xingang) (Collectively the Xinhua Companies) ...... 45.85 percent ad valorem All Others ...... 27.35 percent ad valorem

As a result of our Preliminary Return or Destruction of Proprietary Information for Producer A in a Manner Determination and pursuant to section Information that Warrants the Application of AFA 703(d) of the Act, we instructed the U.S. In the event that the ITC issues a final Comment 6: Whether the GOC Failed to Customs and Border Protection (CBP) to negative injury determination, this Cooperate in Providing Ownership suspend liquidation of all entries of notice will serve as the only reminder Information for Producer B in a Manner subject merchandise from the PRC to parties subject to an administrative that Warrants the Application of AFA which were entered or withdrawn from protective order (APO) of their Comment 7: Whether Record Evidence warehouse, for consumption on or after responsibility concerning the Demonstrates that Producer A is a GOC November 2, 2009, the date of the destruction of proprietary information Authority publication of the Preliminary disclosed under APO in accordance Comment 8: Whether Record Evidence Determination in the Federal Register. with 19 CFR 351.305(a)(3). Timely Demonstrates that Producer B is a GOC In accordance with sections 703(d) of written notification of the return/ Authority the Act, we issued instructions to CBP destruction of APO materials or Comment 9: Whether the GOC Failed to to discontinue the suspension of conversion to judicial protective order is Indicate Whether Certain Wire Rod liquidation for countervailing duty hereby requested. Failure to comply Suppliers Were Producers or Trading purposes for subject merchandise with the regulations and terms of an Companies entered, or withdrawn from warehouse, APO is a violation which is subject to on or after March 2, 2010, but to sanction. Comment 10: Whether SOEs and Firms continue the suspension of liquidation This determination is published Majority–Owned by the GOC Constitute of all entries from November 2, 2010, pursuant to sections 705(d) and 777(i) of Government Authorities through March 1, 2010. the Act. Comment 11: Whether Private Resellers of Wire Rod Should Be Treated as We will issue a CVD order and Dated: May 14, 2010. Government Authorities Ronald K. Lorentzen, reinstate the suspension of liquidation Comment 12: Whether the Provision of under section 706(a) of the Act if the Deputy Assistant Secretary for Import Administration. Wire Rod to PC Strand Producers is ITC issues a final affirmative injury Specific determination, and will require a cash APPENDIX deposit of estimated countervailing Comment 13: Whether the Benchmark duties for such entries of merchandise List of Comments and Issues in the Decision Memorandum for the Wire Rod for LTAR Program in the amounts indicated above. If the Should Reflect All Delivery Charges, ITC determines that material injury, or Comment 1: Whether the Imposition of Including Shipping and Insurance Costs threat of material injury, does not exist, Countervailing Duties on the Same Comment 14: Whether the Department this proceeding will be terminated and Imports that are Subject to Commerce’s Should Include Wire Rod Prices from all estimated duties deposited or NME AD Methodology is Contrary to the CRU Monitor and AMM Monitor in securities posted as a result of the Law the LTAR Benchmark suspension of liquidation will be Comment 15: Whether to Use an In– refunded or canceled. Comment 2: Whether the Simultaneous Application of CVD Market Benchmarks Country Benchmark to Measure Benefits ITC Notification and the AD Surrogate Value Under the Provision of Wire Rod for Methodology Unlawfully Double– LTAR Program In accordance with section 705(d) of Counts the Remedy for Domestic Comment 16: Whether Benefits Under the Act, we will notify the ITC of our Subsidies the Provision of Wire Rod Program determination. In addition, we are Should Be Attributed to Sales of Fasten making available to the ITC all non– Comment 3: Whether the Department I&E and Hongshen privileged and non–proprietary May Place the Burden on Respondents Comment 17: Whether the Wire Rod information related to this investigation. to ‘‘Prove’’ the Double–Counting of Sold for LTAR Should be Attributed We will allow the ITC access to all Remedies Only to Sales of Wire Rod privileged and business proprietary Comment 18: Whether the Department information in our files, provided the Comment 4: Whether the Department’s Committed a Ministerial Error for the ITC confirms that it will not disclose Application of a December 11, 2001 Fasten and the Xinhua Companies such information, either publicly or ‘‘Cut–Off’’ Date for Examining Alleged Under the Provision of Wire Rod for under an APO, without the written Subsidies Is Appropriate LTAR Program And Whether the consent of the Assistant Secretary for Comment 5: Whether the GOC Failed to Department Should Correct the GOC Import Administration. Cooperate in Providing Ownership Verification Report for Alleged Errors

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Comment 19: Whether the Department our analysis of the comments received, deadlines for the duration of the closure Erred By Including Intra–Company we have made changes to our margin of the Federal Government from Sales in the Denominator Used in the calculations for the respondents. We February 5, through February 12, 2010. Net Subsidy Calculation of the Wire Rod determine that PC strand from the PRC Thus, all deadlines in this segment of for LTAR Program is being, or is likely to be, sold in the the proceeding have been extended by Comment 20: The Suitability of the United States at LTFV as provided in seven days. The revised deadline for Benchmark Used to Calculate Benefits section 735 of the Tariff Act of 1930, as this final determination is now May 14, Under the Policy Lending Program amended (‘‘the Act’’). The estimated 2010. See Memorandum to the Record Comment 21: Whether GOC Policy margins of sales at LTFV are shown in from Ronald Lorentzen, DAS for Import Lending Is Specific the ‘‘Final Determination Margins’’ Administration, ‘‘Tolling of Comment 22: Whether Chinese Banks section of this notice. Administrative Deadlines As a Result of are Government Authorities FOR FURTHER INFORMATION CONTACT: the Government Closure During the Comment 23: Whether The Department Alan Ray or Alexis Polovina, AD/CVD Recent Snowstorm,’’ dated February 12, Should Apply AFA Available to Operations, Office 9, Import 2010. Unverifiable Information Provided by Administration, International Trade Analysis of Comments Received Xinhua Administration, U.S. Department of Commerce, 14th Street and Constitution All issues raised in the case and Comment 24: Whether the Department Avenue, NW., Washington DC 20230; rebuttal briefs by parties to this Should Investigate the PRC’s Alleged telephone: (202) 482–5403 or (202) 482– investigation are addressed in the Undervaluation of its Currency and 3927, respectively. ‘‘Investigation of Prestressed Concrete Find that it Constitutes a Steel Strand From the People’s Republic Countervailable Export Subsidy SUPPLEMENTARY INFORMATION: of China: Issues and Decision Comment 25:Whether Provision of Land Case History Memorandum’’ (‘‘Issues and Decision by Municipal and Provincial Memorandum’’), dated concurrently The Department published its Governments to Respondents Was with this notice and which is hereby Preliminary Determination on December Countervailable adopted by this notice. A list of the 23, 2009. Between January 18, 2010, and issues which parties raised and to January 27, 2010, the Department Comment 26:Whether the Provision of which we respond in the Issues and conducted verifications of Wuxi Jinyang Electricity Is Not Countervailable Decision Memorandum is attached to Metal Products Co., Ltd. (‘‘WJMP’’) and Because the Program Provides General this notice as Appendix I. The Issues Xinhua Metal Products Co., Ltd. Infrastructure Which Does Not and Decision Memorandum is a public (‘‘Xinhua Metal’’). See the ‘‘Verification’’ Constitute a Financial Contribution, Co document and is on file in the Central section below for additional 27, 45 Records Unit (‘‘CRU’’), Room 1117, and information. [FR Doc. 2010–12292 Filed 5–20–10; 8:45 am] is accessible on the World Wide Web at Upon the March 2, 2010, release of BILLING CODE 3510–DS–S http://trade.gov/ia/index.asp. The paper the verification reports,2 we invited copy and electronic version of the parties to comment on the Preliminary memorandum are identical in content. DEPARTMENT OF COMMERCE Determination. On March 15, 2010, we received case briefs from Petitioners,3 Changes Since the Preliminary International Trade Administration Xinhua Metal, WJMP, and the separate- Determination rate applicant Fasten Group Import & [A–570–945] Based on our analysis of information Export Co. Ltd. (‘‘Fasten I&E’’). On on the record of this investigation, we Prestressed Concrete Steel Wire March 22, 2010, we received rebuttal have made changes to the margin Strand From the People’s Republic of briefs from Petitioners, Xinhua Metal, calculations for the final determination. China: Final Determination of Sales at WJMP, and the Government of China For the final determination, we have Less Than Fair Value (‘‘GOC’’). The Department held the calculated surrogate financial ratios public hearing on March 31, 2010. using the fiscal year 2008–2009 AGENCY: Import Administration, Tolling of Administrative Deadlines financial statements of Rajratan Global International Trade Administration, Wire Ltd. See Issues and Decision Department of Commerce. As explained in the memorandum Memorandum at Comment 1. DATES: Effective Date: May 21, 2010. from the Deputy Assistant Secretary for Additionally, unlike in the Preliminary SUMMARY: On December 23, 2009, the Import Administration, the Department Determination, where World Trade Department of Commerce (the has exercised its discretion to toll Atlas (‘‘WTA’’) data was available for ‘‘Department’’) published its notice of only the first five months of the POI, for preliminary determination of sales at 2 Memorandum to the File, from Alexis Polovina, Case Analyst, through Alex Villanueva, Program the final determination, WTA data less than fair value (‘‘LTFV’’) in the Manager, Verification of the Sales and Processing covering the full POI is available. antidumping investigation of Response of Xinhua Metal Products Co., Ltd. in the Therefore, for surrogate values prestressed concrete steel strand (‘‘PC Antidumping Duty Investigation of Prestressed calculated for the final determination strand’’) from the People’s Republic of Concrete Steel Wire Strand From the People’s Republic of China (‘‘PRC’’), dated March 2, 2010 derived from WTA data, we have relied 1 China (‘‘PRC’’). The period of (‘‘Xinhua Metal Verification Report’’); Memorandum on WTA data covering the full POI. See investigation (‘‘POI’’) is October 1, 2008, to the File, from Alan Ray, Case Analyst, through Memorandum to the File, from Alan through March 31, 2009. We invited Alex Villanueva, Program Manager, Verification of Ray, Case Analyst, through Alex interested parties to comment on our the Sales and Processing Response of Wuxi Jinyang Metal Products Co., Ltd. in the Antidumping Duty Villanueva, Program Manager, preliminary determination. Based on Investigation of Prestressed Concrete Steel Wire Prestressed Concrete Steel Wire Strand Strand From the People’s Republic of China from the People’s Republic of China: 1 See Prestressed Concrete Steel Wire Strand (‘‘PRC’’), dated March 2, 2010 (‘‘WJMP Verification Placing Additional Surrogate Value Data From the People’s Republic of China: Preliminary Report’’). Determination of Sales at Less Than Fair Value, 74 3 American Spring Wire Corp., Insteel Wire on the Record, dated January 11, 2010; FR 68232 (December 23, 2009) (‘‘Preliminary Products Company, and Sumiden Wire Products Memorandum to the File from Alexis Determination’’). Corp., (collectively, ‘‘Petitioners’’). Polovina, Case Analyst, through Alex

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Villanueva, Program Manager, AD/CVD common control. See Preliminary acted to the best of its ability; and (5) Operations, Office 9: Prestressed Determination, 74 FR at 68234–35. the information can be used without Concrete Steel Wire Strand from the No other information has been placed undue difficulties. People’s Republic of China: Surrogate on the record since the Preliminary Furthermore, section 776(b) of the Act Values for the Final Determination, Determination to contradict the above states that if the administering authority dated May 14, 2010 (‘‘Final Surrogate information upon which we based our finds that an interested party has not Value Memo’’). finding that these companies are acted to the best of its ability to comply In addition, we have made some affiliated. Therefore, for the final with a request for information, the company-specific changes since the determination, we continue to find that administering authority may, in Preliminary Determination. Specifically, WJMP and CAI are affiliated. reaching its determination, use an for the final determination, we have Use of Facts Available inference that is adverse to that party. applied partial facts available to Xinhua The adverse inference may be based Section 776(a)(2) of the Act provides Metal’s wire rod usage pursuant to upon: (1) The petition, (2) a final that if an interested party: (A) section 776(a)(2)(D). See Issues and determination in the investigation under Withholds information that has been Decision Memorandum at Comment 2. this title, (3) any previous review under requested by the Department; (B) fails to Regarding WJMP, for the final section 751 or determination under provide such information in a timely determination, we have decided not to section 753, or (4) any other information manner or in the form or manner placed on the record. value movement expenses between the requested, subject to subsections pickling plant and the main factory as 782(c)(1) and (e) of the Act; (C) Xinhua Metal a factor of production. Additionally, significantly impedes a determination Pursuant to sections 776(a)(2)(D) of lime used by WJMP to neutralize water under the antidumping statute; or (D) is being considered as part of factory the Act, we are applying partial facts provides such information but the otherwise available to Xinhua Metal overhead. We have revalued the information cannot be verified, the surrogate values for steel belt and coal because the Department finds that the Department shall, subject to subsection information necessary to calculate an consumed by WJMP. See Issues and 782(d) of the Act, use facts otherwise Decision Memorandum at Comment 3. accurate and otherwise reliable margin available in reaching the applicable is not available on the record with Finally, we have applied partial FA to determination. WJMP‘s drawbench consumption factor. respect to a portion of Xinhua Metal’s Section 782(c)(1) of the Act provides wire rod usage. On November 2, 2009, Scope of Investigation that if an interested party ‘‘promptly { Xinhua Metal stated in their after receiving a request from the supplemental questionnaire response The scope of this investigation Department} for information, notifies consists of PC strand, produced from { } that that ‘‘Xinhua Metal does not weigh the Department that such party is the wire rod after it has been de-scaled wire of non-stainless, non-galvanized unable to submit the information in the and cut. The best demonstration of yield steel, which is suitable for use in requested form and manner, together loss is the FOP for wire rod.’’ 4 However, prestressed concrete (both pre-tensioned with a full explanation and suggested at verification and after an analysis of and post-tensioned) applications. The alternative form in which such party is the actual data reported for wire rod product definition encompasses covered able to submit the information,’’ the usage and subtracting the by-products and uncovered strand and all types, Department may modify the offsets from the wire rod usage rate, the grades, and diameters of PC strand. PC requirements to avoid imposing an wire rod usage rate was less than 1 strand is normally sold in the United unreasonable burden on that party. kilogram for 1 kilogram of PC strand States in sizes ranging from 0.25 inches Section 782(d) of the Act provides produced by Xinhua Metal. Although to 0.70 inches in diameter. PC strand that, if the Department determines that Xinhua Metal does collect many of its made from galvanized wire is only a response to a request for information wire rod by-products, it is not possible excluded from the scope if the zinc and/ does not comply with the request, the to produce 1 kilogram of PC strand from or zinc oxide coating meets or exceeds Department will inform the person less than 1 kilogram of wire rod input. the 0.40 oz./ft standard set forth in submitting the response of the nature of Therefore, the information supplied by ASTM–A–475. The PC strand subject to the deficiency and shall, to the extent Xinhua Metal could not be verified, and this investigation is currently practicable, provide that person the we are applying FA, pursuant to classifiable under subheadings opportunity to remedy or explain the 776(a)(2)(D) of the Act to Xinhua Metal’s 7312.10.3010 and 7312.10.3012 of the deficiency. If that person submits wire rod usage. Harmonized Tariff Schedule of the further information that continues to be For the final determination, the United States (‘‘HTSUS’’). Although the unsatisfactory, or this information is not Department will use a simple average of HTSUS subheadings are provided for submitted within the applicable time information from the petition and convenience and customs purposes, the limits, the Department may, subject to WJMP, to add a yield loss to Xinhua written description of the scope of this section 782(e), disregard all or part of Metal’s POI wire rod usage. See Issues investigation is dispositive. the original and subsequent responses, and Decision Memorandum at Comment Affiliation as appropriate. Section 782(e) of the Act states that 2. In the Preliminary Determination, the the Department shall not decline to WJMP Department determined that, based on consider information deemed ‘‘deficient’’ Pursuant to section 776(a) of the Act, the evidence on the record in this under section 782(d) if: (1) The we are applying partial facts otherwise investigation including evidence information is submitted by the available to WJMP because the presented in WJMP’s questionnaire established deadline; (2) the information Department finds that the information responses, WJMP is affiliated with can be verified; (3) the information is necessary to calculate an accurate and Corus America, Inc. (‘‘CAI’’). CAI was not so incomplete that it cannot serve as involved in WJMP’s sales process a reliable basis for reaching the 4 See Xinhua Metal’s 1st Supplemental D pursuant to sections 771(33)(E), (F) and applicable determination; (4) the Questionnaire response at 5, dated November 2, (G) of the Act, based on ownership and interested party has demonstrated that it 2009.

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otherwise reliable margin is not Separate Rates request for information as part of the available on the record with respect to In proceedings involving non-market- PRC-wide entity because they did not WJMP’s consumption of drawbench economy (‘‘NME’’) countries, the demonstrate that they operate free of factor of production (‘‘FOP’’). At Department begins with a rebuttable government control. See Preliminary verification, the Department found that presumption that all companies within Determination, 74 FR at 68236–37. No WJMP was consuming drawbench as a the country are subject to government additional information has been placed 5 factor to produce PC strand. Because control and, thus, should be assigned a on the record with respect to these WJMP could have reported drawbench, single antidumping duty deposit rate. It entities after the Preliminary as it was used in the same production is the Department’s policy to assign all Determination. The PRC-wide entity has not provided the Department with the process step as the drawing lubricants, exporters of merchandise subject to an requested information; therefore, a factor that was reported by WJMP, and investigation in an NME country this pursuant to section 776(a)(2)(A) of the WJMP could have easily identified it by single rate unless an exporter can Act, the Department continues to find reviewing the raw materials account, we demonstrate that it is sufficiently that the use of FA is appropriate to determine that WJMP did not act to the independent so as to be entitled to a determine the PRC-wide rate. Section best of its ability and that we will apply separate rate. See Final Determination of 776(b) of the Act provides that, in an adverse inference, pursuant to Sales at Less Than Fair Value: Sparklers selecting from among the facts section 776(b) of the Act. As an adverse From the People’s Republic of China, 56 otherwise available, the Department inference, the Department will use the FR 20588 (May 6, 1991) (‘‘Sparklers’’), as highest monthly consumption factor for may employ an adverse inference if an amplified by Notice of Final interested party fails to cooperate by not drawing lubricants as the consumption Determination of Sales at Less Than factor for drawbench and value acting to the best of its ability to comply Fair Value: Silicon Carbide From the with requests for information. See drawbench using the surrogate value for People’s Republic of China, 59 FR 22585 6 Statement of Administrative Action drawing lubricants. The Department is ‘‘ ’’ (May 2, 1994) ( Silicon Carbide ), and accompanying the URAA, H.R. Rep. No. using drawing lubricants as a surrogate 19 CFR 351.107(d). In the Preliminary factor and value for drawbench because 103–316, vol. 1, at 870 (1994) (‘‘SAA’’). Determination, we found that Xinhua We find that, because the PRC-wide it is used in the same stage of the Metal, WJMP, and the separate-rate production process, which represents entity did not respond to our request for applicant, Fasten I&E, demonstrated information, it has failed to cooperate to the best information available on the their eligibility for, and were hence record. the best of its ability. Therefore, the assigned, separate-rate status. No party Department finds that, in selecting from Verification has commented on the eligibility of among the facts otherwise available, an these companies for separate rate status. As provided in section 782(i) of the adverse inference is appropriate for the See Preliminary Determination, 74 FR at Act, we conducted verification of the PRC-wide entity. Because we begin with 68235–36. For the final determination, information submitted by WJMP and the presumption that all companies we continue to find that the evidence Xinhua Metal for use in our final within a NME country are subject to placed on the record of this determination. See Xinhua Metal government control and because only investigation by these companies Verification Report; WJMP Verification the companies listed under the ‘‘Final demonstrates both a de jure and de facto Report. We used standard verification Determination Margins’’ section below absence of government control with procedures, including examination of have overcome that presumption, we are respect to their exports of the relevant accounting and production applying a single antidumping rate—the merchandise under investigation. Thus, records, as well as original source PRC-wide rate—to all other exporters of we continue to find that they are eligible documents provided by Respondents. subject merchandise from the PRC. Such for separate-rate status. companies did not demonstrate Surrogate Country As indicated in the Preliminary entitlement to a separate rate. See, e.g., Determination, Liaonin TongDa In the Preliminary Determination, we Synthetic Indigo From the People’s Building Material Industry Co., Ltd. stated that we selected India as the Republic of China: Notice of Final (‘‘Tongda’’) did not respond to the appropriate surrogate country to use in Determination of Sales at Less Than supplemental questionnaire, Silvery this investigation for the following Fair Value, 65 FR 25706, 25707 (May 3, Dragon PC Steel Products Group Co., reasons: (1) It is a significant producer 2000). The PRC-wide rate applies to all Ltd. (‘‘Silvery Dragon Steel’’) stated that of comparable merchandise; (2) it is at entries of subject merchandise except it would not participate as a mandatory a similar level of economic development for entries from Xinhua Metal, WJMP, respondent, and Tianjin Shengte filed a pursuant to 773(c)(4) of the Act; and (3) and Fasten I&E, which are listed in the deficient Section A questionnaire and we have reliable data from India that we ‘‘Final Determination Margins’’ section failed to respond to the Department’s can use to value the factors of below. request for more information. See production. See Preliminary Preliminary Determination, 74 FR at Corroboration Determination, 74 FR at 68234. For the 68240. We preliminarily found that Section 776(c) of the Act provides final determination, we received no Tongda, Silvery Dragon Steel, and that, when the Department relies on comments and made no changes to our Tianjin Shengte were not eligible for secondary information rather than on findings with respect to the selection of separate rates. For this final information obtained in the course of an a surrogate country. determination, we continue to find that investigation as FA, it must, to the extent practicable, corroborate that 5 See WJMP Verification Report at 2, dated March Tongda, Silvery Dragon Steel, and 3, 2010. Tianjin Shengte are not eligible for information from independent sources 6 See Memorandum to the File from Alan Ray, separate rates. reasonably at its disposal. Secondary Case Analyst, through Alex Villanueva, Program information is described in the SAA as Manager, Analysis of the Final Determination of the The PRC-Wide Rate ‘‘information derived from the petition Antidumping Duty Investigation of Prestressed Concrete Steel Wire Strand (‘‘PC strand’’): Wuxi In the Preliminary Determination we that gave rise to the investigation or Jinyang Metal Products Co., Ltd. (‘‘WJMP’’), dated treated PRC exporters/producers that review, the final determination May 14, 2010. did not respond to the Department’s concerning subject merchandise, or any

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previous review under section 751 secondary information, the Department on the selection of the PRC-wide rate, concerning the subject merchandise.’’ 7 will, to the extent practicable, examine we continue to find that the margin of The SAA provides that to ‘‘corroborate’’ the reliability and relevance of the 193.55 percent has probative value. means simply that the Department will information used.10 As total adverse Accordingly, we find that the rate of satisfy itself that the secondary facts available (‘‘AFA’’) the Department 193.55 percent is corroborated within information to be used has probative preliminarily selected the rate of 193.55 the meaning of section 776(c) of the Act. value.8 The SAA also states that percent from the Petition. In the independent sources used to corroborate Preliminary Determination, we Final Determination Margins may include, for example, published preliminarily found that the rate of price lists, official import statistics and 193.55 percent is corroborated within We determine that the following customs data, and information obtained the meaning of section 776(c) of the Act. percentage weighted-average margins from interested parties during the See Preliminary Determination, 74 FR at exist for the following entities for the particular investigation.9 To corroborate 68237. Because no parties commented POI:

Weight- ed-av- Exporter Producer erage margin

WJMP ...... WJMP ...... 42.97 Xinhua Metal ...... Xinhua Metal ...... 175.94 Fasten I&E ...... Jiangyin Fasten Steel Products Co., Ltd., Jiangyin Walsin Steel Cable Co., Ltd...... 175.94 Jiangyin Hongyu Metal Products Co., Ltd...... PRC-wide Entity* ...... 193.55 *This rate also applies to Tianjin Shengte, Silvery Dragon Steel, and Tongda.

Disclosure determined to constitute an export weighted-average amount by which We will disclose the calculations subsidy. See, e.g., Notice of Final normal value exceeds U.S. price for performed within five days of the date Determination of Sales at Less Than Xinhua Metal, as indicated above, of publication of this notice to parties in Fair Value: Carbazole Violet Pigment 23 minus the amount determined to constitute an export subsidy. this proceeding in accordance with 19 from India, 69 FR 67306, 67307 CFR 351.224(b). (November 17, 2004). ITC Notification With respect to WJMP, the voluntary Continuation of Suspension of respondent in this proceeding, the In accordance with section 735(d) of Liquidation Department did not individually the Act, we have notified the ‘‘ ’’ examine its exports of merchandise International Trade Commission ( ITC ) Pursuant to section 735(c)(1)(B) of the of our final determination of sales at Act, we will instruct U.S. Customs and under investigation in the final determination for the companion CVD LTFV. As our final determination is Border Protection (‘‘CBP’’) to continue to affirmative, in accordance with section investigation. As a result, WJMP is suspend liquidation of all entries of 735(b)(2) of the Act, within 45 days the captured under the ‘‘All Others’’ rate, subject merchandise from the PRC ITC will determine whether the which is an average of the companies entered, or withdrawn from warehouse, domestic industry in the United States examined in final determination for the for consumption on or after December is materially injured, or threatened with companion CVD investigation. 23, 2009, the date of publication of the material injury, by reason of imports or Therefore, we will instruct CBP to Preliminary Determination. CBP shall sales (or the likelihood of sales) for require a cash deposit or posting of a continue to require a cash deposit or the importation of the subject merchandise. bond equal to the weighted-average posting of a bond equal to the estimated If the ITC determines that material amount by which normal value exceeds amount by which the normal value injury or threat of material injury does exceeds the U.S. price as shown above. U.S. price for WJMP, indicated above, not exist, the proceeding will be These instructions suspending minus the amount determined to terminated and all securities posted will ‘‘ liquidation will remain in effect until constitute an export subsidy in the All be refunded or canceled. If the ITC ’’ further notice. Others rate. determines that such injury does exist, Additionally, the Department With respect to Fasten Group I&E, the the Department will issue an determined in its final determination for separate rate company, we note that the antidumping duty order directing CBP the companion countervailing duty rate applied in this proceeding as a to assess antidumping duties on all (‘‘CVD’’) investigation that Xinhua separate rate is derived from the imports of the subject merchandise Metal’s merchandise benefited from calculated rate received by Xinhua entered, or withdrawn from warehouse, export subsidies. Therefore, we will Metal. Therefore, because Xinhua Metal for consumption on or after the effective instruct CBP to require a cash deposit or received export subsidies in final date of the suspension of liquidation. posting of a bond equal to the weighted- determination for the companion average amount by which normal value countervailing duty investigation, we Notification Regarding APO exceeds U.S. price for Xinhua Metal, as will instruct CBP to require a cash This notice also serves as a reminder indicated above, minus the amount deposit or posting of a bond equal to the to the parties subject to administrative

7 SAA at 870. Diameter, and Components Thereof, From Japan; Unfinished, From Japan, and Tapered Roller 8 Id. Preliminary Results of Antidumping Duty Bearings, Four Inches or Less in Outside Diameter, 9 Id. Administrative Reviews and Partial Termination of and Components Thereof, From Japan; Final 10 See Tapered Roller Bearings and Parts Thereof, Administrative Reviews, 61 FR 57391, 57392 Results of Antidumping Duty Administrative Finished and Unfinished, From Japan, and Tapered (November 6, 1996), unchanged in Tapered Roller Reviews and Termination in Part, 62 FR 11825 Roller Bearings, Four Inches or Less in Outside Bearings and Parts Thereof, Finished and (March 13, 1997).

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protective order (‘‘APO’’) of their are in an overfished condition. Also, in When developing rebuilding plans responsibility concerning the the Northeast Region, Southern New Councils (or the Secretary), in addition disposition of proprietary information England/Mid-Atlantic windowpane is to rebuilding the fishery within the disclosed under APO in accordance subject to overfishing and Georges Bank shortest time possible in accordance with 19 CFR 351.305. Timely winter flounder is in an overfished with 16 U.S.C. 1854(e)(4) and 50 CFR notification of return or destruction of condition. In addition, in the Pacific 600.310(j)(2)(ii), must ensure that such APO materials or conversion to judicial Region, the fall Chinook salmon stock in actions address the requirements to protective order is hereby requested. the Sacramento River has been amend the FMP for each affected stock Failure to comply with the regulations determined to be in an overfished or stock complex to establish a and the terms of an APO is a condition. mechanism for specifying and actually sanctionable violation. NMFS notifies the appropriate fishery specify Annual Catch Limits (ACLs) and This determination and notice are management council (Council) Accountability Measures (AMs) to issued and published in accordance whenever it determines that; overfishing prevent overfishing in accordance with with sections 735(d) and 777(i)(1) of the is occurring, a stock is in an overfished 16 U.S.C. 1853(a)(15) and 50 CFR Act. condition, or a stock is approaching an 600.310(j)(2)(i). On August 4, 2008, NMFS published Dated: May 14, 2010. overfished condition. If a Council has been notified that a stock is in an the Report of the 3rd Groundfish Ronald K. Lorentzen, overfished condition the Council must, Assessment Review Meeting (GARM III) Deputy Assistant Secretary for Import within 2 years, prepare and implement which showed that Gulf of Maine/ Administration. an FMP amendment or proposed Georges Bank pollock, Gulf of Maine/ Appendix I regulations to rebuild the affected stock. Georges Bank windowpane and Northwestern Atlantic Coast witch Comment 1: Surrogate Values FOR FURTHER INFORMATION CONTACT: Mark Nelson, (301) 713–2341. flounder are subject to overfishing and A. Financial Ratios are in an overfished condition. In SUPPLEMENTARY INFORMATION: Pursuant B. Wire Rod addition, GARM III showed that C. By-product Offset for Scrap Tie Wire to sections 304(e)(2) and (e)(7) of the Magnuson-Stevens Fishery Southern New England/Mid-Atlantic Comment 2: Xinhua Metal Conservation and Management Act windowpane is subject to overfishing A. Adverse Facts Available (‘‘AFA’’) (Magnuson-Stevens Act), 16 U.S.C. and Georges Bank winter flounder is in B. Foreign Brokerage and Handling 1854(e)(2) and (e)(7), and implementing an overfished condition. The New C. PRC Domestic Insurance regulations at 50 CFR 600.310(e)(2), England Fishery Management Council Comment 3: WJMP NMFS, on behalf of the Secretary, (NEFMC) was notified on September 2, 2008, of the results of the GARM III. A. AFA notifies Councils whenever it B. Treatment of Certain Factors as Factory determines; a stock or stock complex is However, official status changes could Overhead approaching an overfished condition, a not be made at the time because GARM C. Valuation of Coal stock or stock complex is overfished, or III also recommended changes in the D. Valuation of Seals—Steel Belts existing action taken to prevent status determination criteria (SDC) contained in the Multispecies FMP, Comment 4: Fasten Group I&E’s Separate previously identified overfishing or Rate rebuilding a previously identified which required an FMP amendment overfished stock or stock complex has before the status determinations could Comment 5: Surrogate-Value Based be changed. These changes occurred in Methodology not resulted in adequate progress. NMFS also notifies Councils when it January 2010. [FR Doc. 2010–12310 Filed 5–20–10; 8:45 am] On March 2, 2010, NMFS informed determines a stock or stock complex is BILLING CODE 3510–DS–P the Pacific Fisheries Management subject to overfishing. For a fishery determined to be Council that the Sacramento River Fall Chinook salmon stock failed to meet the DEPARTMENT OF COMMERCE overfished or approaching an overfished condition, NMFS also requests that the escapement goal for the third consecutive year, which has triggered an National Oceanic and Atmospheric appropriate Council, or the Secretary, for fisheries under section 302(a)(3) of overfished status determination. Administration As noted above, within 2 years of the Magnuson-Stevens Act, take action notification of an overfished RIN 0648–XW26 to end or prevent overfishing in the determination, the respective Council fishery and to implement conservation Fisheries of the Northeast Region; (or the Secretary) must adopt and and management measures to rebuild Pacific Region implement a rebuilding plan, through overfished stocks. Councils (or the an FMP Amendment or proposed AGENCY Secretary) receiving notification that a : National Marine Fisheries implementing regulations, which ends fishery is overfished must, within 2 Service (NMFS), National Oceanic and overfishing immediately and provides years of notification, implement a Atmospheric Administration (NOAA), for rebuilding of the stock. In addition, rebuilding plan, through an FMP Commerce. for the fisheries experiencing Amendment or proposed regulations, ACTION: Notification of determination of overfishing, the responsible Councils which ends overfishing immediately overfishing or an overfished condition. must propose, and NMFS must adopt, and provides for rebuilding the fishery effective ACLs and AMs to end SUMMARY: This action serves as a notice in accordance with 16 U.S.C. 1854(e)(3)- overfishing. that NMFS, on behalf of the Secretary of (4) as implemented by 50 CFR Commerce (Secretary), has determined 600.310(j)(2)(ii). Councils receiving a Dated: May 14, 2010. that in the Northeast Region, Gulf of notice that a fishery is approaching an Emily H. Menashes, Maine/Georges Bank pollock, Gulf of overfished condition must prepare and Acting Director, Office of Sustainable Maine/Georges Bank windowpane and implement, within two years, an FMP Fisheries, National Marine Fisheries Service. Northwestern Atlantic Coast witch amendment or proposed regulations to [FR Doc. 2010–12282 Filed 5–20–10; 8:45 am] flounder are subject to overfishing and prevent overfishing from occurring. BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE includes three workshops: (1) Data determining stock status and estimating Workshop, (2) Stock Assessment population parameters. National Oceanic and Atmospheric Workshop Process and (3) Review Administration Workshop. The product of the Data New Dates for the SEDAR Spiny Lobster Update Workshop: September RIN 0648–XU76 Workshop is a data report which compiles and evaluates potential 28–30, 2010 Fisheries of the South Atlantic and the datasets and recommends which September 28 and 29, 2010: 9 p.m. - 6 Gulf of Mexico; Southeast Data, datasets are appropriate for assessment p.m.; September 30, 2010: 8 a.m. - 12 Assessment, and Review (SEDAR); analyses. The product of the Stock p.m. spiny lobster. Assessment Workshop is a stock assessment report which describes the During the Update Workshop AGENCY: National Marine Fisheries fisheries, evaluates the status of the assessment analysts will discuss and Service (NMFS), National Oceanic and stock, estimates biological benchmarks, evaluate decisions made during the Data Atmospheric Administration (NOAA), projects future population conditions, and Assessment Webinars. Participants Commerce. and recommends research and will compare and contrast various ACTION: Modification to schedule, monitoring needs. The assessment is assessment approaches, and determine location, and contact information for independently peer reviewed at the whether the assessments are adequate SEDAR Webinars and Workshop for Review Workshop. The product of the for submission to Science and Statistics South Atlantic and Gulf of Mexico spiny Review Workshop is a Review lobster. Committees of the South Atlantic Workshop Report documenting Panel Fishery Management Council and the opinions regarding the strengths and SUMMARY: This notice updates Gulf of Mexico Fishery Management weaknesses of the stock assessment and information relative to the SEDAR Council. Workshop panelists will input data. Participants for SEDAR update assessment of the South Atlantic Workshops are appointed by the Gulf of document their findings and and Gulf of Mexico stock of spiny Mexico, South Atlantic, and Caribbean recommendations in an Assessment lobster. This update will consist of a Fishery Management Councils and Workshop Report. series of webinars and an Update NOAA Fisheries Southeast Regional Although non-emergency issues not Workshop. This assessment will update Office and Southeast Fisheries Science contained in this agenda may come the stock assessment conducted under Center. Participants include data before these groups for discussion, those SEDAR 8. See SUPPLEMENTARY collectors and database managers; stock issues may not be the subject of formal INFORMATION. The original notice assessment scientists, biologists, and published in the Federal Register on action during these meetings. Action researchers; constituency March 2, 2010, 75 FR 9397. will be restricted to those issues representatives including fishermen, specifically listed in this notice and any DATES: The Data Webinar occurred on environmentalists, and NGO’s; March 23, 2010. Assessment Update issues arising after publication of this international experts; and staff of notice that require emergency action Webinars will occur on June 30, and Councils, Commissions, and state and August 17, 2010. The Update Workshop under section 305(c) of the Magnuson- federal agencies. Stevens Fishery Conservation and will take place September 28–30, 2010. SEDAR conducts updates of Management Act, provided the public See SUPPLEMENTARY INFORMATION. benchmark stock assessments has been notified of the Council’s intent ADDRESSES: The Webinars may be previously conducted through the attended by the public. Those interested SEDAR program. Update assessments to take final action to address the in participating should contact Julie A add additional data points to datasets emergency. Neer at SEDAR. See FOR FURTHER incorporated in the original SEDAR Special Accommodations INFORMATION CONTACT to request an benchmark assessment and run the invitation providing webinar access benchmark assessment model to update The Update Workshop is physically information. population estimates. The spiny lobster accessible to people with disabilities. The Update Workshop will be held at update assessment will update the Requests for sign language the Key West Marriott Beachside Hotel, SEDAR 8 benchmark of Southeastern interpretation or other auxiliary aids 3841 N. Roosevelt Blvd, Key West, United States spiny lobster, which should be directed to the Council office Florida 33040; telephone: (305) 296– included both the South Atlantic and (see ADDRESSES) at least 10 business 8100. Gulf of Mexico. The update process days prior to the workshop. FOR FURTHER INFORMATION CONTACT: consists of a series of webinars and an Julie Dated: May 18, 2010. A Neer, SEDAR Coordinator, 4055 Faber update workshop. Place Drive, Suite 201, North Tracey L. Thompson, Spiny Lobster Update Process Acting Director, Office of Sustainable Charleston, SC 29405; telephone: (843) Schedule: 571–4366; email: [email protected]. Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The Gulf New Dates for the SEDAR assessment [FR Doc. 2010–12311 Filed 5–20–10; 8:45 am] of Mexico, South Atlantic, and webinars: June 30 and August 17, 2010, BILLING CODE 3510–22–S Caribbean Fishery Management 1 p.m. - 4 p.m. Councils, in conjunction with NOAA Using updated datasets adopted Fisheries and the Atlantic and Gulf during the Data Webinar, participants States Marine Fisheries Commissions will employ assessment models used in have implemented the Southeast Data, SEDAR 8 to evaluate stock status, Assessment and Review (SEDAR) estimate population benchmarks and process, a multi-step method for management criteria, and project future determining the status of fish stocks in conditions. Participants will the Southeast Region. A full benchmark recommend the most appropriate assessment conducted under SEDAR methods and configurations for

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DEPARTMENT OF COMMERCE Authorization for incidental taking, in Dated: May 17, 2010. the form of annual LOAs, may be James H. Lecky, National Oceanic and Atmospheric granted by NMFS for periods up to five Director, Office of Protected Resources, Administration years if NMFS finds, after notification National Marine Fisheries Service. RIN 0648–XW34 and opportunity for public comment, [FR Doc. 2010–12293 Filed 5–20–10; 8:45 am] that the taking will have a negligible BILLING CODE 3510–22–S Incidental Taking of Marine Mammals; impact on the species or stock(s) of Taking of Marine Mammals Incidental marine mammals, and will not have an to the Explosive Removal of Offshore unmitigable adverse impact on the DEPARTMENT OF COMMERCE Structures in the Gulf of Mexico availability of the species or stock(s) for National Oceanic and Atmospheric AGENCY: National Marine Fisheries subsistence uses (where relevant). In Administration Service (NMFS), National Oceanic and addition, NMFS must prescribe Atmospheric Administration (NOAA), regulations that include permissible RIN 0648–XW57 methods of taking and other means of Commerce. New England Fishery Management effecting the least practicable adverse ACTION: Notice; issuance of letters of Council; Public Meeting authorization. impact on the species and its habitat (i.e., mitigation), and on the availability AGENCY: National Marine Fisheries SUMMARY: In accordance with the of the species for subsistence uses, Service (NMFS), National Oceanic and Marine Mammal Protection Act paying particular attention to rookeries, Atmospheric Administration (NOAA), (MMPA) and implementing regulations, mating rounds, and areas of similar Commerce. notification is hereby given that NMFS significance. The regulations also must ACTION: Notice of a public meeting. has issued one-year Letters of include requirements pertaining to the Authorization (LOA) to take marine monitoring and reporting of such taking. SUMMARY: The New England Fishery mammals incidental to the explosive Regulations governing the taking of Management Council’s (Council) removal of offshore oil and gas marine mammals incidental to EROS Groundfish/Scallop Advisory Panel will structures (EROS) in the Gulf of Mexico. meet to consider actions affecting New were published on June 19, 2008 (73 FR England fisheries in the exclusive DATES: These authorizations are 34875), and remain in effect through economic zone (EEZ). effective from June 1, 2010 through May July 19, 2013. For detailed information 31, 2011, July 1, 2010 through June 30, on this action, please refer to that DATES: The meeting will be held on 2011, and August 1, 2010 through July Federal Register notice. The species Monday, June 7, 2010 at 9:30 a.m. 31, 2011. that applicants may take in small ADDRESSES: The meeting will be held at ADDRESSES: The application and LOAs numbers during EROS activities are the Hilton Garden Inn, One Thurber are available for review by writing to P. bottlenose dolphins (Tursiops Street, Warwick, RI 02886; telephone: Michael Payne, Chief, Permits, truncatus), Atlantic spotted dolphins (401) 734–9600; fax: (401) 734–9700. Conservation, and Education Division, Council address: New England (Stenella frontalis), pantropical spotted Office of Protected Resources, National Fishery Management Council, 50 Water dolphins (Stenella attenuata), Clymene Marine Fisheries Service, 1315 East- Street, Mill 2, Newburyport, MA 01950. dolphins (Stenella clymene), striped West Highway, Silver Spring, MD FOR FURTHER INFORMATION CONTACT: dolphins (Stenella coeruleoalba), Paul 20910–3235 or by telephoning the J. Howard, Executive Director, New spinner dolphins (Stenella longirostris), contact listed here (see FOR FURTHER England Fishery Management Council; rough-toothed dolphins (Steno INFORMATION CONTACT), or online at: telephone: (978) 465–0492. bredanensis), Risso’s dolphins http://www.nmfs.noaa.gov/pr/permits/ SUPPLEMENTARY INFORMATION: The items incidental.htm. Documents cited in this (Grampus griseus), melon-headed whales (Peponocephala electra), short- of discussion in the panel’s agenda are notice may be viewed, by appointment, as follows: finned pilot whales (Globicephala during regular business hours, at the 1. The Joint Groundfish/Scallop macrorhynchus), and sperm whales aforementioned address. Advisory Panel (AP) will meet to FOR FURTHER INFORMATION CONTACT: (Physeter macrocephalus). consider measures that will facilitate Howard Goldstein or Jolie Harrison, Pursuant to these regulations, NMFS harvesting optimum yield from the two Office of Protected Resources, NMFS, has issued an LOA to Fairways Offshore fisheries by addressing the potential 301–713–2289. Exploration, Inc., El Paso Exploration & constraints of groundfish stock SUPPLEMENTARY INFORMATION: Section Production Company, L.P., and ATP Oil allocations. The Joint AP may also 101(a)(5)(A) of the MMPA (16 U.S.C. & Gas Corporation. Issuance of the LOAs consider measures to reduce catch of 1361 et seq.) directs the Secretary of is based on a finding made in the groundfish in the scallop fishery by Commerce (who has delegated the preamble to the final rule that the total adopting measures that would allow authority to NMFS) to allow, upon taking by these activities (with benefits for the fishery from reduction request, the incidental, but not monitoring, mitigation, and reporting in groundfish catch. These measures intentional, taking of small numbers of measures) will result in no more than a will be considered by the Joint marine mammals by United States (U.S.) negligible impact on the affected species Committee at a future date, and may citizens who engage in a specified or stock(s) of marine mammals and will become part of an amendment to the activity (other than commercial fishing) not have an unmitigable adverse impact Northeast Multispecies and Scallop within a specified geographical region, on subsistence uses. NMFS also finds Fishery Management Plans. if certain findings are made and 2. Other business may also be that the applicant will meet the regulations are issued. Under the discussed. requirements contained in the MMPA, the term ‘‘take’’ means to harass, Although non-emergency issues not hunt, capture, or kill or to attempt to implementing regulations and LOA, contained in this agenda may come harass, hunt, capture, or kill marine including monitoring, mitigation, and before this group for discussion, those mammal. reporting requirements. issues may not be the subject of formal

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action during this meeting. Action will to salmon management, and to develop of China (‘‘PRC’’) for the period of review be restricted to those issues specifically comments and recommendations for (‘‘POR’’) February 20, 2008, through identified in this notice and any issues consideration at the June 2010 Pacific August 31, 2009. See Antidumping or arising after publication of this notice Council meeting. Countervailing Duty Order, Finding, or that require emergency action under Although non-emergency issues not Suspended Investigation: Opportunity section 305(c) of the Magnuson-Stevens contained in the meeting agenda may to Request Administrative Review, 74 Fishery Conservation and Management come before the SAS for discussion, FR 45179 (September 1, 2009). On Act, provided the public has been those issues may not be the subject of September 28, 2009, Guizhou Tire I&E notified of the Council’s intent to take formal SAS action during this meeting. Corporation, Guizhou Tyre Co., Ltd., final action to address the emergency. SAS action will be restricted to those and Guizhou Advanced Rubber Co., Ltd. issues specifically listed in this notice (collectively ‘‘GTC’’), exporters of OTR Special Accommodations and any issues arising after publication tires, requested that the Department This meeting is physically accessible of this notice that require emergency conduct an administrative review of its to people with disabilities. Requests for action under section 305(c) of the exports to the United States during the sign language interpretation or other Magnuson-Stevens Fishery POR. On September 29, 2009, GPX auxiliary aids should be directed to Paul Conservation and Management Act, International Tire Corporation (‘‘GPX’’), J. Howard (see ADDRESSES) at least 5 provided the public has been notified of an importer of OTR tires, requested that days prior to the meeting date. the SAS’s intent to take final action to the Department conduct an Authority: 16 U.S.C. 1801 et seq. address the emergency. administrative review of OTR tires exports from the following entities: Dated: May 18, 2010. Special Accommodations GTC; Hebei Starbright Tire Co., Ltd. Tracey L. Thompson, The public listening station is (‘‘Starbright’’); Tianjin United Tire & Acting Director, Office of Sustainable physically accessible to people with Rubber International Co., Ltd. Fisheries, National Marine Fisheries Service. disabilities. Requests for sign language (‘‘TUTRIC’’); Jiangsu Feichi Co., Ltd. [FR Doc. 2010–12291 Filed 5–20–10; 8:45 am] interpretation or other auxiliary aids (‘‘Feichi’’); Shangdong Huitong Tyre Co., BILLING CODE 3510–22–S should be directed to Ms. Carolyn Porter Ltd. (‘‘Huitong’’); Aeolus Tyre Co., Ltd. at (503) 820–2280 at least 5 days prior (‘‘Aeolus’’); Triangle Tyre Co., Ltd. to the meeting date. (‘‘Triangle’’); and Tianjin Wanda Tyre DEPARTMENT OF COMMERCE Dated: May 18, 2010. Group (‘‘Wanda’’). On September 30, 2009, Super Grip, an importer of OTR National Oceanic and Atmospheric Tracey L. Thompson, tires, and Innova Rubber Co., Ltd. Administration Acting Director, Office of Sustainable (‘‘Innova’’), a PRC exporter and producer Fisheries, National Marine Fisheries Service. RIN 0648–XW56 of OTR tires, requested that the [FR Doc. 2010–12312 Filed 5–20–10; 8:45 am] Department conduct an administrative Pacific Fishery Management Council; BILLING CODE 3510–22–S review of Innova’s exports. Also on Public Meeting September 30, 2009, TUTRIC, a PRC exporter of OTR tires, requested that the AGENCY: National Marine Fisheries DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and Department conduct an administrative Atmospheric Administration (NOAA), International Trade Administration review of its own exports. The Commerce. Department received timely requests for [A–570–912] review for six additional exporters: ACTION: Notice of public meetings. Hanghzou Zhongce Rubber Co., Ltd., KS New Pneumatic Off-the-Road Tires SUMMARY: The Pacific Fishery Holding Limited and KS Resources From the People’s Republic of China: Limited, Laizhou Xiongying Rubber Management Council’s (Pacific Council) Notice of Partial Rescission of Salmon Advisory Subpanel (SAS) will Industry Co., Ltd., Qingdao Free Trade Antidumping Duty Administrative Zone Full World International Trading hold a work session by telephone Review conference to develop recommendations Co., Ltd., Qingdao Taifa Group Co., Ltd., for the June 2010 Council meeting. AGENCY: Import Administration, and Weihai Zhongwei Rubber Co., Ltd. DATES: The telephone conference will be International Trade Administration, The Department then published in the held Monday, June 7, 2010, from 1:30 Department of Commerce. Federal Register the initiation notice for p.m. to 4 p.m. the antidumping duty administrative DATES: Effective Date: May 21, 2010. review of OTR tires from the PRC for the ADDRESSES: A public listening station FOR FURTHER INFORMATION CONTACT: 2008–2009 POR. See Initiation of will be available at the Pacific Council Andrea Staebler Berton, AD/CVD Antidumping and Countervailing Duty Office, Small Conference Room, 7700 Operations, Office 8, Import Administrative Reviews, Request for NE Ambassador Place, Suite 101, Administration, International Trade Revocation in Part, 74 FR 54956 Portland, OR 97220–1384; telephone: Administration, U.S. Department of (October 26, 2009). (503) 820–2280. Commerce, 14th Street and Constitution Council address: Pacific Council, Avenue, NW., Washington, DC 20230; Partial Rescission of Review 7700 NE Ambassador Place, Suite 101, telephone: (202) 482–4037. Pursuant to 19 CFR 351.213(d)(1), the Portland, OR 97220–1384. Secretary will rescind an administrative FOR FURTHER INFORMATION CONTACT: Mr. Background review, in whole or in part, if the party Chuck Tracy, Salmon Management Staff On September 1, 2009, the that requested the review withdraws the Officer, Pacific Council; telephone: Department of Commerce (‘‘the request within 90 days of the date of (503) 820–2280. Department’’) published a notice of publication of the notice of initiation of SUPPLEMENTARY INFORMATION: The opportunity to request an administrative the requested review. The Secretary may purpose of the work session is to review review of the antidumping duty order also extend this time limit if the information in the Pacific Council’s on New Pneumatic Off-the-Road Tires Secretary decides that it is reasonable to June 2010 meeting briefing book related (‘‘OTR tires’’) from the People’s Republic do so. On November 20, 2009, GPX

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timely withdrew its request for an Notification to Importers Whereas, the Board adopts the administrative review of exports from This notice serves as a final reminder findings and recommendations of the GTC, TUTRIC, Feichi, Huitong, Aeolus, to importers of their responsibility examiner’s report, and finds that the Triangle, and Wanda (i.e., within 90 under section 351.402(f) of the requirements of the FTZ Act and days of the publication of the notice of Department’s regulations to file a Board’s regulations are satisfied, and initiation of this review). On November certificate regarding the reimbursement that the proposal is in the public 24, 2009, Super Grip and Innova timely of antidumping duties prior to interest; withdrew their requests for an liquidation of the relevant entries Now, therefore, the Board hereby administrative review of exports from during this review period. Failure to orders: Innova. On December 10, 2009, GTC comply with this requirement could The application to reorganize FTZ 2 timely withdrew its request for an result in the Secretary’s assumption that under the alternative site framework is administrative review of its exports. On reimbursement of antidumping duties approved, subject to the FTZ Act and February 24, 2010, TUTRIC withdrew occurred and subsequent assessment of the Board’s regulations, including its request for an administrative review double antidumping duties. Section 400.28, to the Board’s standard of its exports. In spite of the fact that This notice is issued and published in 2,000–acre activation limit for the TUTRIC missed the deadline, we are accordance with section 777(i) of the overall general–purpose zone project, to accepting the request because the Tariff Act of 1930, as amended, and 19 a five-year ASF sunset provision for Department has not invested significant CFR 351.213(d)(4). magnet sites that would terminate authority for Sites 4, 6 and 7 if not recourses into the analysis of TUTRIC’s Dated: May 14, 2010. activated by May 31, 2015, and to a responses. Because no additional party John M. Andersen, requested a review of GTC’s, TUTRIC’s, three-year ASF sunset provision for Acting Deputy Assistant Secretary for usage–driven sites that would terminate Feichi’s, Huitong’s, Aeolus’, Triangle’s, Antidumping and Countervailing Duty Wanda’s, and Innova’s exports, the Operations. authority for Sites 1 and 8 through 61 if no foreign–status merchandise is Department hereby rescinds the [FR Doc. 2010–12295 Filed 5–20–10; 8:45 am] admitted for a bona fide customs administrative review of OTR tires with BILLING CODE 3510–DS–P respect to these entities in accordance purpose by May 31, 2013. with 19 CFR 351.213(d)(1). This Signed at Washington, DC, this 13th administrative review will continue DEPARTMENT OF COMMERCE day of May 2010. with respect to Starbright, Hanghzou Ronald K. Lorentzen, Foreign-Trade Zones Board Zhongce Rubber Co., Ltd., KS Holding Deputy Assistant Secretary for Import Limited and KS Resources Limited, [Order No. 1678] Administration, Alternate Chairman, Laizhou Xiongying Rubber Industry Co., Foreign–Trade Zones Board. Ltd., Qingdao Free Trade Zone Full Reorganization of Foreign–Trade Zone Attest: World International Trading Co., Ltd., 2, under Alternative Site Framework, Andrew McGilvray, Qingdao Taifa Group Co., Ltd. and New Orleans, Louisiana, Area Executive Secretary. Weihai Zhongwei Rubber Co., Ltd. Pursuant to its authority under the [FR Doc. 2010–12289 Filed 5–20–10; 8:45 am] Assessment Rates Foreign–Trade Zones Act of June 18, 1934, as BILLING CODE 3510–DS–S amended (19 U.S.C. 81a–81u), the Foreign– The Department will instruct U.S. Trade Zones Board (the Board) adopts the Customs and Border Protection (‘‘CBP’’) following Order: DEPARTMENT OF COMMERCE to assess antidumping duties on all Whereas, the Board adopted the appropriate entries. For GTC, TUTRIC, alternative site framework (ASF) in National Oceanic and Atmospheric Feichi, Huitong, Aeolus, and Triangle, December 2008 (74 FR 1170, 01/12/09; Administration correction 74 FR 3987, 01/22/09) as an which each had previously established RIN 0648–XU56 eligibility for a separate rate, option for the establishment or antidumping duties shall be assessed at reorganization of general–purpose Takes of Marine Mammals Incidental to rates equal to the cash deposit of zones; Specified Activities; Marine Whereas, the Board of Commissioners estimated antidumping duties required Geophysical Survey in the Northwest of the Port of New Orleans, grantee of at the time of entry, or withdrawal from Pacific Ocean, July Through Foreign–Trade Zone 2, submitted an warehouse, for consumption, in September 2010 application to the Board (FTZ Docket accordance with 19 CFR 351.212(c)(2). 58–2009, filed 12/14/2009) for authority AGENCY: National Marine Fisheries The Department intends to issue to reorganize under the ASF with a Service (NMFS), National Oceanic and appropriate assessment instructions service area of Orleans, Jefferson and St. Atmospheric Administration (NOAA), directly to CBP 15 days after publication Bernard Parishes, Louisiana, adjacent to Commerce. of this notice. the New Orleans Customs and Border ACTION: Notice; proposed incidental Because Wanda and Innova remain Protection port of entry, and FTZ 2’s harassment authorization; request for part of the PRC entity, their respective existing Sites 2, 4, 6 and 7 would be comments. entries may be under review in the categorized as magnet sites, existing ongoing administrative review. Sites 1 and 8 through 61 would be SUMMARY: NMFS has received an Accordingly, the Department will not categorized as usage–driven sites, and application from Lamont-Doherty Earth order liquidation of entries for Wanda or existing Site 3 would be deleted; Observatory (L–DEO), a part of Innova. The Department intends to issue Whereas, notice inviting public Columbia University, for an Incidental assessment instructions for the PRC comment was given in the Federal Harassment Authorization (IHA) to take entity, which will cover any entries by Register (74 FR 68041–68042, 12/22/ marine mammals, by harassment, Wanda and Innova, 15 days after 2009) and the application has been incidental to conducting a marine publication of the final results of the processed pursuant to the FTZ Act and geophysical survey at the Shatsky Rise ongoing administrative review. the Board’s regulations; and, in the northwest Pacific Ocean, July

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through September, 2010. Pursuant to Background Summary of Request the Marine Mammal Protection Act NMFS received an application on (MMPA), NMFS is requesting comments Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs the February 2, 2010 from L–DEO for the on its proposal to issue an IHA to L– taking by harassment, of marine DEO to incidentally harass, by Level B Secretary of Commerce to authorize, upon request, the incidental, but not mammals, incidental to conducting a harassment only, 34 species of marine marine geophysical survey in the mammals during the specified activity. intentional, taking of small numbers of marine mammals of a species or northwest Pacific Ocean. L–DEO, with DATES: Comments and information must population stock, by United States research funding from the U.S. National be received no later than June 21, 2010. citizens who engage in a specified Science Foundation (NSF), plans to conduct a marine seismic survey in the ADDRESSES: Comments on the activity (other than commercial fishing) northwest Pacific Ocean, from July application should be addressed to P. within a specified geographical region if through September, 2010. Michael Payne, Chief, Permits, certain findings are made and, if the L–DEO plans to use one source vessel, Conservation and Education Division, taking is limited to harassment, a notice the R/V Marcus G. Langseth (Langseth), Office of Protected Resources, National of a proposed authorization is provided a seismic airgun array, and ocean Marine Fisheries Service, 1315 East- to the public for review. bottom seismometers (OBS) to conduct West Highway, Silver Spring, MD Authorization for incidental taking of a geophysical survey at the Shatsky 20910. The mailbox address for small numbers of marine mammals shall Rise, a large igneous plateau in the providing e-mail comments is PR1.0648- be granted if NMFS finds that the taking northwest Pacific Ocean. The proposed [email protected]. NMFS is not will have a negligible impact on the survey will provide data necessary to responsible for e-mail comments send to species or stock(s), and will not have an decipher the crustal structure of the addresses other than the one provided unmitigable adverse impact on the Shatsky Rise; may address major here. Comments sent via e-mail, availability of the species or stock(s) for questions of Earth history, geodynamics, including all attachments, must not subsistence uses. The authorization and tectonics; could impact the exceed a 10-megabyte file size. must set forth the permissible methods understanding of terrestrial magmatism All comments received are a part of of taking, other means of effecting the and mantle convection; and may obtain the public record and will generally be least practicable adverse impact on the data that could be used to improve posted to http://www.nmfs.noaa.gov/pr/ species or stock and its habitat, and estimates of regional earthquake permits/incidental.htm#applications monitoring and reporting of such occurrence and distribution. In addition without change. All Personal Identifying takings. NMFS has defined ‘‘negligible to the proposed operations of the Information (for example, name, impact’’ in 50 CFR 216.103 as ‘‘ *** seismic airgun array, L–DEO intends to address, etc.) voluntarily submitted by an impact resulting from the specified operate a multibeam echosounder the commenter may be publicly activity that cannot be reasonably (MBES) and a sub-bottom profiler (SBP) accessible. Do not submit confidential expected to, and is not reasonably likely continuously throughout the survey. business information or otherwise to, adversely affect the species or stock Acoustic stimuli (i.e., increased sensitive or protected information. through effects on annual rates of underwater sound) generated during the A copy of the application containing recruitment or survival.’’ operation of the seismic airgun array, a list of the references used in this Section 101(a)(5)(D) of the MMPA may have the potential to cause marine document may be obtained by writing to established an expedited process by mammals in the survey area to be the above address, telephoning the which citizens of the United States can behaviorally disturbed in a manner that contact listed here (see FOR FURTHER apply for an authorization to NMFS considers to be Level B INFORMATION CONTACT) or visiting the incidentally take small numbers of harassment. This is the principal means internet at: http://www.nmfs.noaa.gov/ marine mammals by harassment. of marine mammal taking associated pr/permits/incidental.htm#applications. Section 101(a)(5)(D) of the MMPA with these activities and L–DEO has The following documents associated establishes a 45-day time limit for requested an authorization to take with the application are also available at NMFS’ review of an application several marine mammals by Level B same internet address: the National followed by a 30-day public notice and harassment. Science Foundation’s (NSF) draft comment period on any proposed Description of the Specified Activity Environmental Assessment (EA) and authorizations for the incidental L–DEO’s proposed seismic survey on associated report (Report) prepared by harassment of small numbers of marine the Shatsky Rise is scheduled to LGL Limited Environmental Research mammals. Within 45 days of the close commence on July 24, 2010 and Associates (LGL) for NSF, titled, of the public comment period, NMFS continue for approximately 17 days ‘‘Environmental Assessment of a Marine must either issue or deny the ending on September 7, 2010. L–DEO Geophysical Survey by the R/V Marcus authorization. G. Langseth on the Shatsky Rise in the will operate the Langseth to deploy an Northwest Pacific Ocean, July– Except with respect to certain airgun array, deploy and retrieve OBS, September, 2010.’’ Documents cited in activities not pertinent here, the MMPA and tow a hydrophone streamer to this notice may be viewed, by defines ‘‘harassment’’ as: complete the survey. appointment, during regular business Any act of pursuit, torment, or annoyance The Langseth will depart from Apra hours, at the aforementioned address. which (i) has the potential to injure a marine Harbor, Guam on July 19, 2010 for a six- mammal or marine mammal stock in the wild day transit to the Shatsky Rise, located FOR FURTHER INFORMATION CONTACT: [Level A harassment]; or (ii) has the potential at 30–37° N, 154–161° E in international Jeannine Cody, Office of Protected waters offshore from Japan. Some minor Resources, NMFS, (301) 713–2289, ext. to disturb a marine mammal or marine mammal stock in the wild by causing deviation from these dates is possible, 113 or Benjamin Laws, Office of disruption of behavioral patterns, including, depending on logistics, weather Protected Resources, NMFS, (301) 713– but not limited to, migration, breathing, conditions, and the need to repeat some 2289, ext. 159. nursing, breeding, feeding, or sheltering lines if data quality is substandard. SUPPLEMENTARY INFORMATION: [Level B harassment]. Therefore, NMFS plans to issue an

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authorization that extends to October level providing an unobstructed view square root of the arithmetic average of 21, 2010. around the entire vessel. the squared instantaneous pressure Geophysical survey activities will values, is typically used in discussions Acoustic Source Specifications involve conventional seismic of the effects of sounds on vertebrates methodologies to decipher the crustal Seismic Airguns and all references to SPL in this structure of the Shatsky Rise. To obtain The full airgun array for the proposed document refer to the root mean square high-resolution, 3–D structures of the survey consists of 36 airguns (a mixture unless otherwise noted. SPL does not area’s magmatic systems and thermal of Bolt 1500LL and Bolt 1900LLX take the duration of a sound into structures, the Langseth will deploy a airguns ranging in size from 40 to 360 account. towed array of 36 airguns as an energy cubic inches (in3)), with a total volume Characteristics of the Airgun Pulses source and approximately 28 OBSs and 3 a 6-kilometer (km) long hydrophone of approximately 6,600 in and a firing pressure of 1,900 pounds per square Airguns function by venting high- streamer. As the airgun array is towed pressure air into the water which creates along the survey lines, the hydrophone inch (psi). The dominant frequency components range from two to 188 an air bubble. The pressure signature of streamers will receive the returning an individual airgun consists of a sharp acoustic signals and transfer the data to Hertz (Hz). The array configuration consists of rise and then fall in pressure, followed the vessel’s onboard processing system. by several positive and negative The OBSs record the returning acoustic four identical linear arrays or strings, with 10 airguns on each string; the first pressure excursions caused by the signals internally for later analysis. oscillation of the resulting air bubble. The proposed Shatsky Rise study and last airguns will be spaced 16 m (52 ft) apart. For each operating array or The oscillation of the air bubble (e.g., equipment testing, startup, line transmits sounds downward through the changes, repeat coverage of any areas, string, the Langseth crew will fire the nine airguns simultaneously. They will seafloor and sounds that travel and equipment recovery) will take place horizontally toward non-target areas. in international waters deeper than keep the tenth airgun in reserve as a The nominal source levels of the 1,000 meters (m) (3,280 feet (ft)) and spare, which will be turned on in case airgun arrays used by L–DEO on the will require approximately 17 days (d) of failure of one of the other airguns. Langseth are 236 to 265 dB re: 1 μPa( ) to complete approximately 15 transects The crew will distribute the four airgun p-p . The rms value for a given airgun pulse of variable lengths totaling 3,160 strings across an area measuring is typically 16 dB re: 1 μPa lower than kilometers (km) of survey lines. Data approximately 24 by 16 m (79 by 52 ft) the peak-to-peak value. Accordingly, L– acquisition will include approximately behind the Langseth and will be towed DEO has predicted the received sound 408 hours (hr) of airgun operation (17 d approximately 100 m (328 ft) behind the levels in relation to distance and × 24 hr). vessel at a tow depth of nine to 12 m The scientific team consists of Drs. (29.5 to 49.2 ft) depending on the direction from the airguns, for the 36- Jun Korenaga (Yale University, New transect. The airgun array will fire every airgun array and for a single 1900LL 40- 3 Haven, CT), William Sager (Texas A&M 20 seconds (s) for the multi-channel in airgun, which will be used during University, College Station, TX), and seismic (MCS) surveying (13 transects) power downs. A detailed description of John Diebold (L–DEO, Palisades, NY). and will fire every 70 s when recording the modeling effort is provided in data on the OBS (2 transects). The tow Appendix A of LGL’s Report. These are Vessel Specifications depth of the array will be 9 m (29.5 ft) the nominal source levels applicable to The Langseth, owned by NSF, is a for the MCS transects and 12 m (39.3 ft) downward propagation. The effective seismic research vessel with a for the OBS transects. During firing, the source levels for horizontal propagation propulsion system designed to be as airguns will emit a brief (approximately are lower than those for downward quiet as possible to avoid interference 0.1 s) pulse of sound. The airguns will propagation when the source consists of with the seismic signals emanating from be silent during the intervening periods numerous airguns spaced apart from the airgun array. The vessel, which has of operations. one another. a length of 71.5 m (235 feet (ft); a beam Appendix B of LGL’s report and of 17.0 m (56 ft); a maximum draft of 5.9 Metrics Used in This Document previous Federal Register notices (see m (19 ft); and a gross tonnage of 3,834, This section includes a brief 69 FR 31792, June 7, 2004; 71 FR 58790, can accommodate up to 55 people. The explanation of the sound measurements October 5, 2006; 72 FR 71625, December ship is powered by two 3,550 frequently used in the discussions of 18, 2007; 73 FR 52950, September 12, horsepower (hp) Bergen BRG–6 diesel acoustic effects in this document. Sound 2008, or 73 FR 71606, November 25, engines which drive the two propellers. pressure is the sound force per unit 2008, and 74 FR 42861, August 25, Each propeller has four blades and the area, and is usually measured in 2009) discuss the characteristics of the shaft typically rotates at 750 revolutions micropascals (μPa), where 1 pascal (Pa) airgun pulses in detail. NMFS refers the per minute. The vessel also has an 800- is the pressure resulting from a force of reviewers to those documents for hp bowthruster, which is not used one newton exerted over an area of one additional information. square meter. Sound pressure level during seismic acquisition. The Predicted Sound Levels for the Airguns operation speed during seismic (SPL) is expressed as the ratio of a acquisition is typically 7.4 to 9.3 km/hr measured sound pressure and a Tolstoy et al., (2009) recently reported (3.9 to 5.0 knots (kn)) and the cruising reference level. The commonly used results for propagation measurements of speed of the Langseth outside of seismic reference pressure level in underwater pulses from the Langseth’s 36-airgun operations is 18.5 km/hr (9.9 kn). acoustics is 1 μPa, and the units for array in two water depths, The vessel also has an observation SPLs are dB re: 1 μPa. approximately 50 m and 1,600 m (164 tower from which visual observers will SPL (in decibels (dB)) = 20 log and 5,249 ft), in the Gulf of Mexico in watch for marine mammals before and (pressure/reference pressure) 2007 and 2008. L–DEO has used these during the proposed airgun operations. SPL is an instantaneous measurement reported empirical values to determine When stationed on the observation and can be expressed as the peak, the exclusion zones (EZ) for the airgun platform, the observer’s eye level will be peak-peak (p-p), or the root mean square array, designate mitigation zones, and approximately 18 m (58 ft) above sea (rms). Root mean square, which is the estimate take (described in greater detail

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in Section VII of the application) for configuration in Table 1 which shows from the 36-airgun array and a single marine mammals. the measured and predicted distances at airgun operating in water greater than L–DEO has summarized the modeled which sound levels (160–, 180–, and 1,000 m (3,820 ft) in depth. safety radii for the planned airgun 190–dB) are expected to be received

TABLE 1—MEASURED (ARRAY) OR PREDICTED (SINGLE AIRGUN) DISTANCES TO WHICH SOUND LEVELS ≥190, 180, AND 160 DB RE: 1 μPA COULD BE RECEIVED IN DEEP (>1000 M; 3280 FT) WATER FROM THE 36-AIRGUN ARRAY, AS WELL AS A SINGLE AIRGUN, DURING THE PROPOSED SHATSKY RISE SEISMIC SURVEY, JULY–SEPTEMBER, 2010 (BASED ON L–DEO MODELS AND TOLSTOY ET AL., 2009)

Predicted RMS distances (m) Source and volume Tow depth (m) 190 dB 180 dB 160 dB

Single Bolt airgun 40 in3 ...... 9–12 * 12 40 385 4 strings 36 airguns 6600 in3 ...... 9 400 940 3850 12 460 1100 4400 * The tow depth has minimal effect on the maximum near-field output and the shape of the frequency spectrum for the single 40-in3 airgun; thus the predicted safety radii are essentially the same at each tow depth.

Results of the Gulf of Mexico steel and weighs 23 kilograms (kg). The the output varies with water depth. The calibration study (Tolstoy et al., 2009) acoustic release transponder used to pulse interval is one second, but a showed that radii around the airguns for communicate with the OBS uses common mode of operation is to various received levels varied with frequencies of 9 to 13 kHz. The source broadcast five pulses at 1-s intervals water depth. The tow depth of the level of the release signal is 190 dB re: followed by a 5-second pause. airgun array for the proposed survey 1 μPa. NMFS expects that acoustic stimuli will range from 9 to 12 m (29.5 to 39.4 Multibeam Echosounder resulting from the proposed operation of ft). However, in the Gulf of Mexico the single airgun or the 36-airgun array calibration study, the Langseth towed The Langseth will operate a has the potential to harass marine the airgun array at a depth of 6 m (19.6 Kongsberg EM 122 MBES concurrently mammals, incidental to the conduct of ft) which is less than the tow depth during airgun operations to map the proposed seismic survey. NMFS range (9 to 12 m (29.5 to 39.4 ft)) for this characteristics of the ocean floor. The does not expect that the movement of proposed seismic survey. Accordingly, hull-mounted MBES emits brief pulses the Langseth, during the conduct of the L–DEO has applied correction factors to of sound (also called a ping) (10.5 to 13 seismic survey, has the potential to the distances reported by Tolstoy et al. kilohertz (kHz)) in a fan-shaped beam harass marine mammals because of the (2009) for shallow and intermediate that extends downward and to the sides relatively slow operation speed of the depth water (i.e., they calculated the of the ship. The transmitting beamwidth vessel (7.4 to 9.3 km/hr; 3.9 to 5.0 kn). ratios between the 160–, 180–, and 190– is one or two degrees (°) fore-aft and dB distances at 6 m versus 9 m (19.6 ft 150° athwartship and the maximum Description of the Marine Mammals in versus 29.5 ft) and the ratios between source level is 242 dB re: 1 μPa. the Area of the Proposed Specified Activity the 160–, 180–, and 190–dB distances at For deep-water operations, each ping 6 m versus 12 m (19.6 ft versus 39.4 ft) consists of eight successive fan-shaped Thirty-four marine mammal species from the modeled results for the 6,600- transmissions, up to 15 milliseconds may occur in the Shatsky Rise survey in3 airgun array). Refer to Appendix A (ms) in duration and each ensonifying a area, including 26 odontocetes (toothed of LGL’s Environmental Assessment sector that extends 1° fore-aft. The eight cetaceans), 7 mysticetes (baleen whales) Report for additional information successive transmissions span an and one pinniped. Six of these species regarding how L–DEO calculated model overall cross-track angular extent of are listed as endangered under the U.S. predictions in Table 1 and how the about 150°, with 2 ms gaps between the Endangered Species Act of 1973 (ESA; applicant used empirical measurements pulses for successive sectors. 16 U.S.C. 1531 et seq.), including the to correct the modeled numbers. north Pacific right (Eubalena japonica), Sub-Bottom Profiler humpback (Megaptera novaeangliae), Ocean Bottom Seismometer The Langseth will also operate a sei (Balaenoptera borealis), fin The Langseth crew will deploy Knudsen 320B SBP continuously (Balaenoptera physalus), blue approximately 28 OBS on the Shatsky throughout the cruise with the MBES. (Balaenoptera musculus), and sperm Rise (see Figure 1 of L–DEO’s An SBP operates at mid to high (Physeter macrocephalus) whale. application) over the course of frequencies and is generally used The western North Pacific gray whale approximately three days. The Langseth simultaneously with an MBES to (Eschrichtius robustus) occurs in the crew will retrieve all OBSs after seismic provide information about the northwest Pacific Ocean and is listed as operations are completed. L–DEO sedimentary features and bottom endangered under the ESA and as expects the retrieval to last topography. SBP pulses are directed critically endangered by the approximately five days. downward at typical frequencies of International Union for Conservation of L–DEO proposes to use the Woods approximately three to 18 kHz. Nature (IUCN). L–DEO does not expect Hole Oceanographic Institution (WHOI) However, the dominant frequency to encounter this species within the ‘‘D2’’ OBS during the cruise. This type component of the SBP is 3.5 kHz which proposed survey area as gray whales are of OBS is approximately one meter in is directed downward in a 27° cone by known to prefer nearshore coastal height and has a maximum diameter of a hull-mounted transducer on the waters. Thus, L–DEO does not present 50 centimeters (cm). The anchor (2.5 × vessel. The maximum output is 1,000 analysis for this species nor does the 30.5 × 38.1 cm) is made of hot-rolled watts (204 dB re: 1 μPa), but in practice, application request take for this species.

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Table 2 presents information on the marine mammals that may occur in the abundance, distribution, population proposed survey area. status, and conservation status of

TABLE 2—HABITAT, REGIONAL POPULATION SIZE, AND CONSERVATION STATUS OF MARINE MAMMALS THAT MAY OCCUR IN OR NEAR THE PROPOSED SEISMIC SURVEY AREA AT THE SHATSKY RISE AREA IN THE NORTHWEST PACIFIC OCEAN

Regional Species Habitat U.S. ESA b IUCN c CITES d population size a

Mysticetes North Pacific right whale ...... Pelagic and coastal ...... few 100 e ...... EN EN I Humpback whale...... Mainly nearshore waters and 938–1107 f ...... EN LC I banks. Minke whale ...... Pelagic and coastal ...... 25,000 g ...... NL LC I Bryde’s whale ...... Pelagic and coastal ...... 20,501 h ...... NL DD I Sei whale ...... Primarily offshore, pelagic ...... 7260–12,620 i ...... EN EN I Fin whale ...... Continental slope, mostly pelagic 13,620–18,680 j ...... EN EN I Blue whale ...... Pelagic and coastal ...... 3500 k ...... EN EN I Odontocetes Sperm whale ...... Usually pelagic and deep seas .... 29,674 l ...... EN VU I Pygmy sperm whale ...... Deep waters off the shelf ...... N.A...... NL DD II Dwarf sperm whale ...... Deep waters off the shelf ...... 11,200 m ...... NL DD II Cuvier’s beaked whale ...... Pelagic ...... 20,000 m ...... NL LC II Baird’s beaked whale ...... Deep water ...... N.A...... NL DD II Longman’s beaked whale ...... Deep water ...... N.A...... NL DD II Hubb’s beaked whale ...... Deep water ...... 25,300 n ...... NL DD II Ginkgo-toothed beaked whale Pelagic ...... 25,300 n ...... NL DD II Blainville’s beaked whale ...... Pelagic ...... 25,300 n ...... NL DD II Stejneger’s beaked whale ...... Deep water ...... 25,300 n ...... NL DD II Rough-toothed dolphin ...... Deep water ...... 145,900 m ...... NL LC II Common bottlenose dolphin .. Coastal and oceanic, shelf break 168,000 o ...... NL LC II Pantropical spotted dolphin ... Coastal and pelagic ...... 438,000 o ...... NL LC II Spinner dolphin) ...... Coastal and pelagic ...... 801,000 p ...... NL DD II Striped dolphin ...... Off continental shelf ...... 570,000 o ...... NL LC II Fraser’s dolphin ...... Waters >1000 m ...... 289,300 m ...... NL LC II Short-beaked common dol- Shelf and pelagic, seamounts ...... 2,963,000 q ...... NL LC II phin. Pacific white-sided dolphin .... Continental slope and pelagic ...... 988,000 r ...... NL LC II Northern right whale dolphin .. Deep water ...... 307,000 r ...... NL LC II Risso’s dolphin ...... Waters >1000 m, seamounts ...... 838,000 o ...... NL LC II Melon-headed whale ...... Oceanic ...... 45,400 m ...... NL LC II Pygmy killer whale ...... Deep, pantropical waters ...... 38,900 m ...... NL DD II False killer whale ...... Pelagic ...... 16,000 o ...... NL DD II Killer whale ...... Widely distributed ...... 8500 m ...... NL DD II Short-finned pilot whale ...... Mostly pelagic, high-relief topog- 53,000 o ...... NL DD II raphy. Dall’s porpoise ...... Deep water ...... 1,337,224 s ...... NL LC II Pinnipeds Northern fur seal ...... Coastal and pelagic ...... 1.1 million t ...... NL VU — N.A.—Data not available or species status was not assessed. a Region for population size, in order of preference based on available data, is Western North Pacific, North Pacific, or Eastern Tropical Pacific; see footnotes below. b U.S. Endangered Species Act; EN = Endangered, NL = Not listed. c Codes for IUCN (2009) classifications; EN = Endangered; VU = Vulnerable; LC = Least Concern; DD = Data Deficient. d Convention on International Trade in Endangered Species of Wild Fauna and Flora (UNEP–WCMC 2009): Appendix I = Threatened with extinction; Appendix II = not necessarily now threatened with extinction but may become so unless trade is closely controlled. e North Pacific (Jefferson et al., 2008). f Western North Pacific (Calambokidis et al., 2008). g Northwest Pacific and Okhotsk Sea (Buckland et al., 1992; IWC 2009). h Western North Pacific (Kitakado et al., 2008; IWC 2009). i North Pacific (Tillman, 1977). j North Pacific (Ohsumi and Wada, 1974). k North Pacific (NMFS, 1998). l Western North Pacific (Whitehead, 2002b). m Eastern Tropical Pacific (ETP) (Wade and Gerrodette, 1993). n ETP; all Mesoplodon spp. (Wade and Gerrodette, 1993). o Western North Pacific (Miyashita, 1993a). p Whitebelly spinner dolphin in the ETP in 2000 (Gerrodette et al., 2005 in Hammond et al., 2008a). q ETP (Gerrodette and Forcada 2002 in Hammond et al., 2008b). r North Pacific (Miyashita, 1993b). s North Pacific (Buckland et al., 1993). t North Pacific, 2004–2005 (Gelatt and Lowry, 2008).

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Refer to Section IV of L–DEO’s whales being variable (see Appendix B marine mammals are discussed further application for detailed information (5) of LGL’s Report). in Appendix B(4) of LGL’s Report. regarding the status and distribution of Masking of Natural Sounds Behavioral Disturbance these marine mammals and to Section III of the application for additional The term masking refers to the Disturbance includes a variety of information regarding how L–DEO inability of a subject to recognize the effects, including subtle to conspicuous estimated the regional population size occurrence of an acoustic stimulus as a changes in behavior, movement, and for the marine mammals in Shatsky Rise result of the interference of another displacement. Reactions to sound, if area. acoustic stimulus (Clark et al., 2009). any, depend on species, state of Introduced underwater sound may, maturity, experience, current activity, Potential Effects on Marine Mammals through masking, reduce the effective reproductive state, time of day, and Summary of Potential Effects of Airgun communication distance of a marine many other factors (Richardson et al., Sounds mammal species if the frequency of the 1995; Wartzok et al., 2004; Southall et source is close to that used as a signal al., 2007; Weilgart, 2007). If a marine Level B harassment of cetaceans and by the marine mammal, and if the mammal does react briefly to an pinnipeds has the potential to occur anthropogenic sound is present for a underwater sound by changing its during the proposed seismic survey due significant fraction of the time behavior or moving a small distance, the to acoustic stimuli caused by the firing (Richardson et al., 1995). impacts of the change are unlikely to be of a single airgun or the 36-airgun array Masking effects of pulsed sounds significant to the individual, let alone the stock or population. However, if a which introduces sound into the marine (even from large arrays of airguns) on sound source displaces marine environment. The effects of sounds from marine mammal calls and other natural mammals from an important feeding or airguns might include one or more of sounds are expected to be limited, breeding area for a prolonged period, the following: Tolerance, masking of although there are very few specific data impacts on individuals and populations natural sounds, behavioral disturbance, on this. Because of the intermittent could be significant (e.g., Lusseau and temporary or permanent hearing nature and low duty cycle of seismic Bejder, 2007; Weilgart, 2007). Given the impairment, or non-auditory physical or airgun pulses, animals can emit and many uncertainties in predicting the physiological effects (Richardson et al., receive sounds in the relatively quiet quantity and types of impacts of noise 1995; Gordon et al., 2004; Nowacek et intervals between pulses. However, in al., 2007; Southall et al., 2007). on marine mammals, it is common some situations, reverberation occurs for practice to estimate how many Permanent hearing impairment, in the much or the entire interval between unlikely event that it occurred, would mammals would be present within a pulses (e.g., Simard et al., 2005; Clark particular distance of industrial constitute injury, but temporary and Gagnon, 2006) which could mask threshold shift (TTS) is not an injury activities and/or exposed to a particular calls. Some baleen and toothed whales level of industrial sound. In most cases, (Southall et al., 2007). Although the are known to continue calling in the possibility cannot be entirely excluded, this approach likely overestimates the presence of seismic pulses, and their numbers of marine mammals that would it is unlikely that the proposed project calls can usually be heard between the would result in any cases of temporary be affected in some biologically- seismic pulses (e.g., Richardson et al., important manner. or permanent hearing impairment, or 1986; McDonald et al., 1995; Greene et any significant non-auditory physical or The sound criteria used to estimate al., 1999; Nieukirk et al., 2004; Smultea how many marine mammals might be physiological effects. Some behavioral et al., 2004; Holst et al., 2005a,b, 2006; disturbance is expected, but NMFS disturbed to some biologically- and Dunn et al., 2009). However, Clark important degree by a seismic program expects the disturbance to be localized and Gagnon (2006) reported that fin and short-term. are based primarily on behavioral whales in the northeast Pacific Ocean observations of a few species. Scientists Tolerance went silent for an extended period have conducted detailed studies on starting soon after the onset of a seismic humpback, gray, bowhead (Balaena Numerous studies have shown that survey in the area. Similarly, there has mysticetus), and sperm whales. Less pulsed sounds from airguns are often been one report that sperm whales detailed data are available for some readily detectable in the water at ceased calling when exposed to pulses other species of baleen whales, small distances of many kilometers. For a brief from a very distant seismic ship (Bowles toothed whales, and sea otters (Enhydra summary of the characteristics of airgun et al., 1994). However, more recent lutris), but for many species there are no pulses, see Appendix B of L–DEO’s studies found that they continued data on responses to marine seismic application. calling in the presence of seismic pulses surveys. Several studies have also shown that (Madsen et al., 2002; Tyack et al., 2003; Baleen Whales—Baleen whales marine mammals at distances more than Smultea et al., 2004; Holst et al., 2006; generally tend to avoid operating a few kilometers from operating seismic and Jochens et al., 2008). Dolphins and airguns, but avoidance radii are quite vessels often show no apparent response porpoises commonly are heard calling variable. Whales are often reported to (tolerance) (see Appendix B (3) LGL’s while airguns are operating (e.g., show no overt reactions to pulses from Report). Although various baleen Gordon et al., 2004; Smultea et al., 2004; large arrays of airguns at distances whales, toothed whales, and (less Holst et al., 2005a,b; and Potter et al., beyond a few kilometers, even though frequently) pinnipeds have been shown 2007). The sounds important to small the airgun pulses remain well above to react behaviorally to airgun pulses odontocetes are predominantly at much ambient noise levels out to much longer under some conditions, at other times higher frequencies than are the distances. However, as reviewed in mammals of all three types have shown dominant components of airgun sounds, Appendix B (5) of the LGL report, no overt reactions. In general, pinnipeds thus limiting the potential for masking. baleen whales exposed to strong noise usually seem to be more tolerant of In general, NMFS expects the masking pulses from airguns often react by exposure to airgun pulses than effects of seismic pulses to be minor, deviating from their normal migration cetaceans, with the relative given the normally intermittent nature route and/or interrupting their feeding responsiveness of baleen and toothed of seismic pulses. Masking effects on and moving away. In the cases of

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migrating gray and bowhead whales, the 400 m, where the maximum received northern Bering Sea. They estimated, observed changes in behavior appeared level was 179 dB re: 1 μPa. based on small sample sizes, that 50 to be of little or no biological Humpback whales on their summer percent of feeding gray whales stopped consequence to the animals. They feeding grounds in southeast Alaska did feeding at an average received pressure simply avoided the sound source by not exhibit persistent avoidance when level of 173 dB re: 1 μPa on an displacing their migration route to exposed to seismic pulses from a 1.64– (approximate) rms basis, and that 10 varying degrees, but within the natural L (100-in3) airgun (Malme et al., 1985). percent of feeding whales interrupted boundaries of the migration corridors. Some humpbacks seemed ‘‘startled’’ at feeding at received levels of 163 dB re: Studies of gray, bowhead, and received levels of 150 to 169 dB re: 1 1 μPa. Those findings were generally humpback whales have shown that μPa. Malme et al. (1985) concluded that consistent with the results of seismic pulses with received levels of there was no clear evidence of experiments conducted on larger 160 to 170 dB re: 1 μPa seem to cause avoidance, despite the possibility of numbers of gray whales that were obvious avoidance behavior in a subtle effects, at received levels up to migrating along the California coast substantial fraction of the animals 172 re: 1 μPa. (Malme et al., 1984; Malme and Miles, exposed (Richardson et al., 1995). In Studies have suggested that south 1985), and western Pacific gray whales many areas, seismic pulses from large Atlantic humpback whales wintering off feeding off Sakhalin Island, Russia arrays of airguns diminish to those Brazil may be displaced or even strand (Wursig et al., 1999; Gailey et al., 2007; levels at distances ranging from 4 to 15 upon exposure to seismic surveys (Engel Johnson et al., 2007; Yazvenko et al., km from the source. A substantial et al., 2004). The evidence for this was 2007a,b), along with data on gray proportion of the baleen whales within circumstantial and subject to alternative whales off British Columbia (Bain and those distances may show avoidance or explanations (IAGC, 2004). Also, the Williams, 2006). other strong behavioral reactions to the evidence was not consistent with Various species of Balaenoptera (blue, airgun array. Subtle behavioral changes subsequent results from the same area of sei, fin, and minke whales) have sometimes become evident at somewhat Brazil (Parente et al., 2006), or with occasionally been seen in areas lower received levels, and studies direct studies of humpbacks exposed to ensonified by airgun pulses (Stone, summarized in Appendix B (5) of the seismic surveys in other areas and 2003; MacLean and Haley, 2004; Stone EA have shown that some species of seasons. After allowance for data from and Tasker, 2006), and calls from blue baleen whales, notably bowhead and subsequent years, there was no and fin whales have been localized in humpback whales, at times show strong observable direct correlation between areas with airgun operations (e.g., avoidance at received levels lower than strandings and seismic surveys (IWC, McDonald et al., 1995; Dunn et al., 160–170 dB re: 1 μPa. 2007:236). 2009). Sightings by observers on seismic Researchers have studied the There are no data on reactions of right vessels off the United Kingdom from responses of humpback whales to whales to seismic surveys, but results 1997 to 2000 suggest that, during times seismic surveys during migration, from the closely-related bowhead whale of good sightability, sighting rates for feeding during the summer months, show that their responsiveness can be mysticetes (mainly fin and sei whales) breeding while offshore from Angola, quite variable depending on their were similar when large arrays of and wintering offshore from Brazil. activity (migrating versus feeding). airguns were shooting vs. silent (Stone, McCauley et al. (1998, 2000a) studied Bowhead whales migrating west across 2003; Stone and Tasker, 2006). the responses of humpback whales off the Alaskan Beaufort Sea in autumn, in However, these whales tended to exhibit western Australia to a full-scale seismic particular, are unusually responsive, localized avoidance, remaining survey with a 16-airgun, 2,678-in3 array, with substantial avoidance occurring significantly further (on average) from and to a single 20-in3 airgun with source out to distances of 20 to 30 km from a the airgun array during seismic level 227 dB re: 1 μPa(p-p). McCauley et medium-sized airgun source at received operations compared with non-seismic al. (1998) documented that avoidance sound levels of around 120 to 130 dB re: periods (Stone and Tasker, 2006). In a reactions began at five to eight km from 1 μPa (Miller et al., 1999; Richardson et study off of Nova Scotia, Moulton and the array, and that those reactions kept al., 1999; see Appendix B (5) of LGL’s Miller (2005) found little difference in most pods approximately three to four report). However, more recent research sighting rates (after accounting for water km from the operating seismic boat. on bowhead whales (Miller et al., 2005; depth) and initial sighting distances of McCauley et al. (2000a) noted localized Harris et al., 2007) corroborates earlier balaenopterid whales when airguns displacement during migration of four evidence that, during the summer were operating vs. silent. However, to five km by traveling pods and seven feeding season, bowheads are not as there were indications that these whales to 12 km by more sensitive resting pods sensitive to seismic sources. were more likely to be moving away of cow-calf pairs. Avoidance distances Nonetheless, subtle but statistically when seen during airgun operations. with respect to the single airgun were significant changes in surfacing– Similarly, ship-based monitoring smaller but consistent with the results respiration–dive cycles were evident studies of blue, fin, sei and minke from the full array in terms of the upon statistical analysis (Richardson et whales offshore of Newfoundland received sound levels. The mean al. 1986). In the summer, bowheads (Orphan Basin and Laurentian Sub- received level for initial avoidance of an typically begin to show avoidance basin) found no more than small approaching airgun was 140 dB re: 1 reactions at received levels of about 152 differences in sighting rates and swim μPa for humpback pods containing to 178 dB re: 1 μPa (Richardson et al., directions during seismic versus non- females, and at the mean closest point 1986, 1995; Ljungblad et al., 1988; seismic periods (Moulton et al., 2005, of approach (CPA) distance the received Miller et al., 2005). 2006a,b). level was 143 dB re: 1 μPa. The initial Reactions of migrating and feeding Data on short-term reactions by avoidance response generally occurred (but not wintering) gray whales to cetaceans to impulsive noises are not at distances of five to eight km from the seismic surveys have been studied. necessarily indicative of long-term or airgun array and two km from the single Malme et al. (1986, 1988) studied the biologically significant effects. It is not airgun. However, some individual responses of feeding eastern Pacific gray known whether impulsive sounds affect humpback whales, especially males, whales to pulses from a single 100-in 3 reproductive rate or distribution and approached within distances of 100 to airgun off St. Lawrence Island in the habitat use in subsequent days or years.

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However, gray whales have continued to be small, on the order of one km less, 2004; Laurinolli and Cochrane, 2005; migrate annually along the west coast of and some individuals show no apparent Simard et al., 2005). Most beaked North America with substantial avoidance. The beluga whale whales tend to avoid approaching increases in the population over recent (Delphinapterus leucas) is a species that vessels of other types (e.g., Wursig et al., years, despite intermittent seismic (at least at times) shows long-distance 1998). They may also dive for an exploration (and much ship traffic) in avoidance of seismic vessels. Aerial extended period when approached by a that area for decades (Appendix A in surveys conducted in the southeastern vessel (e.g., Kasuya, 1986), although it is Malme et al., 1984; Richardson et al., Beaufort Sea during summer found that uncertain how much longer such dives 1995; Angliss and Allen, 2009). The sighting rates of beluga whales were may be as compared to dives by western Pacific gray whale population significantly lower at distances 10 to 20 undisturbed beaked whales, which also did not seem affected by a seismic km compared with 20 to 30 km from an are often quite long (Baird et al., 2006; survey in its feeding ground during a operating airgun array, and observers on Tyack et al., 2006). Based on a single previous year (Johnson et al., 2007). seismic boats in that area rarely see observation, Aguilar-Soto et al. (2006) Similarly, bowhead whales have belugas (Miller et al., 2005; Harris et al., suggested that foraging efficiency of continued to travel to the eastern 2007). Cuvier’s beaked whales may be reduced Beaufort Sea each summer, and their Captive bottlenose dolphins (Tursiops by close approach of vessels. In any numbers have increased notably, truncatus) and beluga whales exhibited event, it is likely that most beaked despite seismic exploration in their changes in behavior when exposed to whales would also show strong summer and autumn range for many strong pulsed sounds similar in avoidance of an approaching seismic years (Richardson et al., 1987; Angliss duration to those typically used in vessel, although this has not been and Allen, 2009). seismic surveys (Finneran et al., 2000, documented explicitly. Toothed Whales—Little systematic 2002, 2005). However, the animals There are increasing indications that information is available about reactions tolerated high received levels of sound some beaked whales tend to strand of toothed whales to noise pulses. Few before exhibiting aversive behaviors. when naval exercises involving mid- studies similar to the more extensive Results for porpoises depend on frequency sonar operation are ongoing baleen whale/seismic pulse work species. The limited available data nearby (e.g., Simmonds and Lopez- summarized above and (in more detail) suggest that harbor porpoises (Phocoena Jurado, 1991; Frantzis, 1998; NOAA and in Appendix B of the LGL report have phocoena) show stronger avoidance of USN, 2001; Jepson et al., 2003; been reported for toothed whales. seismic operations than do Dall’s Hildebrand, 2005; Barlow and Gisiner, However, there are recent systematic porpoises (Phocoenoides dalli) (Stone, 2006; see also the Strandings and studies on sperm whales (e.g., Gordon et 2003; MacLean and Koski, 2005; Bain Mortality subsection in this notice). al., 2006; Madsen et al., 2006; Winsor and Williams, 2006; Stone and Tasker, These strandings are apparently a and Mate, 2006; Jochens et al., 2008; 2006). Dall’s porpoises seem relatively disturbance response, although auditory Miller et al., 2009). There is an tolerant of airgun operations (MacLean or other injuries or other physiological increasing amount of information about and Koski, 2005; Bain and Williams, effects may also be involved. Whether responses of various odontocetes to 2006), although they too have been beaked whales would ever react seismic surveys based on monitoring observed to avoid large arrays of similarly to seismic surveys is unknown studies (e.g., Stone, 2003; Smultea et al., operating airguns (Calambokidis and (see the Strandings and Mortality 2004; Moulton and Miller, 2005; Bain Osmek, 1998; Bain and Williams, 2006). subsection in this notice). Seismic and Williams, 2006; Holst et al., 2006; This apparent difference in survey sounds are quite different from Stone and Tasker, 2006; Potter et al., responsiveness of these two porpoise those of the sonar in operation during 2007; Hauser et al., 2008; Holst and species is consistent with their relative the above-cited incidents. Odontocete Smultea, 2008; Weir, 2008; Barkaszi et responsiveness to boat traffic and some reactions to large arrays of airguns are al., 2009; Richardson et al., 2009). other acoustic sources (Richardson et variable and, at least for delphinids and Seismic operators and marine al., 1995; Southall et al., 2007). Dall’s porpoises, seem to be confined to mammal observers on seismic vessels Most studies of sperm whales exposed a smaller radius than has been observed regularly see dolphins and other small to airgun sounds indicate that the sperm for the more responsive of the toothed whales near operating airgun whale shows considerable tolerance of mysticetes, belugas, and harbor arrays, but in general there is a tendency airgun pulses (e.g., Stone, 2003; porpoises (Appendix B of the LGL for most delphinids to show some Moulton et al., 2005, 2006a; Stone and Report). avoidance of operating seismic vessels Tasker, 2006; Weir, 2008). In most cases (e.g., Goold, 1996a,b,c; Calambokidis the whales do not show strong Hearing Impairment and Other Physical and Osmek, 1998; Stone, 2003; Moulton avoidance, and they continue to call Effects and Miller, 2005; Holst et al., 2006; (see Appendix B of the LGL report for Temporary or permanent hearing Stone and Tasker, 2006; Weir, 2008; review). However, controlled exposure impairment is a possibility when marine Richardson et al., 2009; see also experiments in the Gulf of Mexico mammals are exposed to very strong Barkaszi et al., 2009). Some dolphins indicate that foraging behavior was sounds. TTS has been demonstrated and seem to be attracted to the seismic altered upon exposure to airgun sound studied in certain captive odontocetes vessel and floats, and some ride the bow (Jochens et al., 2008; Miller et al., 2009; and pinnipeds exposed to strong sounds wave of the seismic vessel even when Tyack, 2009). (reviewed in Southall et al., 2007). large arrays of airguns are firing (e.g., There are almost no specific data on However, there has been no specific Moulton and Miller, 2005). Nonetheless, the behavioral reactions of beaked documentation of TTS let alone small toothed whales more often tend to whales to seismic surveys. However, permanent hearing damage, i.e., head away, or to maintain a somewhat some northern bottlenose whales permanent threshold shift (PTS), in free- greater distance from the vessel, when a (Hyperoodon ampullatus) remained in ranging marine mammals exposed to large array of airguns is operating than the general area and continued to sequences of airgun pulses during when it is silent (e.g., Stone and Tasker, produce high-frequency clicks when realistic field conditions. 2006; Weir, 2008). In most cases the exposed to sound pulses from distant L–DEO has included exclusion (i.e., avoidance radii for delphinids appear to seismic surveys (Gosselin and Lawson, shut-down) zones for the proposed

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seismic survey on the Shatsky Rise to al. (2007). The distances from the occasional occurrences of mild TTS are minimize the exposure of marine Langseth’s airguns at which the received not indicative of permanent auditory mammals to levels of sound associated energy level (per pulse, flat-weighted) damage, but repeated or (in some cases) with hearing impairment. that would be expected to be greater single exposures to a level well above Several aspects of the planned than or equal to 180 dB re: 1 μPa are that causing TTS onset might elicit PTS. monitoring and mitigation measures for estimated in Table 1. Relationships between TTS and PTS this project are designed to detect The above TTS information for thresholds have not been studied in marine mammals occurring near the odontocetes is derived from studies on marine mammals, but are assumed to be airgun array, and to avoid exposing the bottlenose dolphin and beluga. For similar to those in humans and other them to sound pulses that might, at least the one harbor porpoise tested, the terrestrial mammals. PTS might occur at in theory, cause hearing impairment received level of airgun sound that a received sound level at least several (see below this section). In addition, elicited onset of TTS was lower (Lucke decibels above that inducing mild TTS many cetaceans show some avoidance et al., 2009). If these results from a if the animal were exposed to strong of the area where received levels of single animal are representative, it is sound pulses with rapid rise time—see airgun sound are high enough such that inappropriate to assume that onset of Appendix B(6) of LGL’s Report. Based hearing impairment could potentially TTS occurs at similar received levels in on data from terrestrial mammals, a occur. In those cases, the avoidance all odontocetes (cf. Southall et al., precautionary assumption is that the responses of the animals themselves 2007). Some cetaceans apparently can PTS threshold for impulse sounds (such will reduce or (most likely) avoid any incur TTS at considerably lower sound as airgun pulses as received close to the possibility of hearing impairment. exposures than are necessary to elicit source) is at least 6 dB higher than the Non-auditory physical effects may TTS in the beluga or bottlenose dolphin. TTS threshold on a peak-pressure basis, also occur in marine mammals exposed For baleen whales, there are no data, and probably greater than six dB to strong underwater pulsed sound. direct or indirect, on levels or properties (Southall et al., 2007). Possible types of non-auditory of sound that are required to induce Given the higher level of sound physiological effects or injuries that TTS. The frequencies to which baleen necessary to cause PTS as compared might (in theory) occur in mammals whales are most sensitive are assumed with TTS, it is considerably less likely close to a strong sound source include to be lower than those to which that PTS would occur. Baleen whales stress, neurological effects, bubble odontocetes are most sensitive, and generally avoid the immediate area formation, and other types of organ or natural background noise levels at those around operating seismic vessels, as do tissue damage. It is possible that some low frequencies tend to be higher. As a some other marine mammals. The marine mammal species (i.e., beaked result, auditory thresholds of baleen planned monitoring and mitigation whales) may be especially susceptible to whales within their frequency band of measures, including visual monitoring, injury and/or stranding when exposed best hearing are believed to be higher passive acoustic monitoring (PAM) to to strong transient sounds. However, as (less sensitive) than are those of complement visual observations (if discussed below this section, there is no odontocetes at their best frequencies practicable), power downs, and shut definitive evidence that any of these (Clark and Ellison, 2004). From this, it downs of the airguns when mammals effects occur even for marine mammals is suspected that received levels causing are seen within or approaching the in close proximity to large arrays of TTS onset may also be higher in baleen ‘‘exclusion zones,’’ will further reduce airguns. It is unlikely that any effects of whales (Southall et al., 2007). For this the probability of exposure of marine these types would occur during the proposed study, L–DEO expects no mammals to sounds strong enough to present project given the brief duration cases of TTS given three considerations: induce PTS. of exposure of any given mammal, the (1) The low abundance of baleen whales Stranding and Mortality—Marine deep water in the study area, and the in the planned study area at the time of mammals close to underwater planned monitoring and mitigation the survey; (2) the strong likelihood that detonations of high explosives can be measures. The following subsections baleen whales would avoid the killed or severely injured, and the discuss in somewhat more detail the approaching airguns (or vessel) before auditory organs are especially possibilities of TTS, PTS, and non- being exposed to levels high enough for susceptible to injury (Ketten et al., 1993; auditory physical effects. TTS to occur; and (3) the mitigation Ketten, 1995). However, explosives are Temporary Threshold Shift—TTS is measures that are planned. no longer used for marine waters for the mildest form of hearing impairment Permanent Threshold Shift—When commercial seismic surveys or (with that can occur during exposure to a PTS occurs, there is physical damage to rare exceptions) for seismic research; strong sound (Kryter, 1985). While the sound receptors in the ear. In severe they have been replaced entirely by experiencing TTS, the hearing threshold cases, there can be total or partial airguns or related non-explosive pulse rises and a sound must be stronger in deafness, whereas in other cases, the generators. Airgun pulses are less order to be heard. At least in terrestrial animal has an impaired ability to hear energetic and have slower rise times, mammals, TTS can last from minutes or sounds in specific frequency ranges and there is no specific evidence that hours to (in cases of strong TTS) days. (Kryter, 1985). There is no specific they can cause serious injury, death, or For sound exposures at or somewhat evidence that exposure to pulses of stranding even in the case of large above the TTS threshold, hearing airgun sound can cause PTS in any airgun arrays. However, the association sensitivity in both terrestrial and marine marine mammal, even with large arrays of strandings of beaked whales with mammals recovers rapidly after of airguns. However, given the naval exercises involving mid-frequency exposure to the noise ends. Few data on possibility that mammals close to an active sonar and, in one case, an L–DEO sound levels and durations necessary to airgun array might incur at least mild seismic survey (Malakoff, 2002; Cox et elicit mild TTS have been obtained for TTS, there has been further speculation al., 2006), has raised the possibility that marine mammals, and none of the about the possibility that some beaked whales exposed to strong published data concern TTS elicited by individuals occurring very close to ‘‘pulsed’’ sounds may be especially exposure to multiple pulses of sound. airguns might incur PTS (e.g., susceptible to injury and/or behavioral Available data on TTS in marine Richardson et al., 1995, p. 372ff; reactions that can lead to stranding (e.g., mammals are summarized in Southall et Gedamke et al., 2008). Single or Hildebrand, 2005; Southall et al., 2007).

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Appendix B(6) of the LGL report There is no conclusive evidence of sounds) to cause non-auditory physical provides additional details. cetacean strandings or deaths at sea as effects in marine mammals. Such Specific sound-related processes that a result of exposure to seismic surveys, effects, if they occur at all, would lead to strandings and mortality are not but a few cases of strandings in the presumably be limited to short distances well documented, but may include: general area where a seismic survey was and to activities that extend over a (1) Swimming in avoidance of a ongoing have led to speculation prolonged period. The available data do sound into shallow water; concerning a possible link between not allow identification of a specific (2) a change in behavior (such as a seismic surveys and strandings. exposure level above which non- change in diving behavior) that might Suggestions that there was a link auditory effects can be expected contribute to tissue damage, gas bubble between seismic surveys and strandings (Southall et al., 2007), or any formation, hypoxia, cardiac arrhythmia, of humpback whales in Brazil (Engel et meaningful quantitative predictions of hypertensive hemorrhage or other forms al., 2004) were not well founded (IAGC, the numbers (if any) of marine mammals of trauma; 2004; IWC, 2007). In September 2002, that might be affected in those ways. (3) a physiological change such as a there was a stranding of two Cuvier’s Marine mammals that show behavioral vestibular response leading to a beaked whales (Ziphius cavirostris) in avoidance of seismic vessels, including behavioral change or stress-induced the Gulf of California, Mexico, when the most baleen whales and some hemorrhagic diathesis, leading in turn L DEO vessel R/V Maurice Ewing was odontocetes, are especially unlikely to 3 to tissue damage; and operating a 20-airgun (8,490 in ) in the incur non-auditory physical effects. (4) tissue damage directly from sound general area. The link between the Also, the planned mitigation measures exposure, such as through acoustically- stranding and the seismic surveys was (section XI of L–DEO’s application), mediated bubble formation and growth inconclusive and not based on any including shut downs of the airguns or acoustic resonance of tissues. Some physical evidence (Hogarth, 2002; will reduce any such effects that might of these mechanisms are unlikely to Yoder, 2002). Nonetheless, the Gulf of otherwise occur. apply in the case of impulse sounds. California incident plus the beaked However, there are increasing whale strandings near naval exercises Potential Effects of Other Acoustic indications that gas-bubble disease involving use of mid-frequency sonar Devices suggests a need for caution in (analogous to the bends), induced in MBES supersaturated tissue by a behavioral conducting seismic surveys in areas response to acoustic exposure, could be occupied by beaked whales until more The Kongsberg EM 122 MBES will be is known about effects of seismic a pathologic mechanism for the operated from the source vessel during surveys on those species (Hildebrand, strandings and mortality of some deep- the planned study. Sounds from the 2005). No injuries of beaked whales are diving cetaceans exposed to sonar. The MBES are very short pulses, occurring anticipated during the proposed study evidence for this remains circumstantial for two to 15 ms once every five to 20 because of: and associated with exposure to naval (1) The high likelihood that any s, depending on water depth. Most of mid-frequency sonar, not seismic beaked whales nearby would avoid the the energy in the sound pulses emitted surveys (Cox et al., 2006; Southall et al., approaching vessel before being by this MBES is at frequencies near 12 2007). kHz, and the maximum source level is exposed to high sound levels, μ Seismic pulses and mid-frequency (2) the proposed monitoring and 242 dB re: 1 Pa. The beam is narrow ° sonar signals are quite different, and mitigation measures, and (1 to 2 ) in fore-aft extent and wide some mechanisms by which sonar (3) differences between the sound (150°) in the cross-track extent. Each sounds have been hypothesized to affect sources operated by L–DEO and those ping consists of eight (in water greater beaked whales are unlikely to apply to involved in the naval exercises than 1,000 m deep) or four (less than airgun pulses. Sounds produced by associated with strandings. 1,000 m deep) successive fan-shaped airgun arrays are broadband impulses Non-auditory Physiological Effects— transmissions (segments) at different with most of the energy below one kHz. Non-auditory physiological effects or cross-track angles. Any given mammal Typical military mid-frequency sonar injuries that theoretically might occur in at depth near the trackline would be in emits non-impulse sounds at marine mammals exposed to strong the main beam for only one or two of frequencies of two to 10 kHz, generally underwater sound include stress, the nine segments. Also, marine with a relatively narrow bandwidth at neurological effects, bubble formation, mammals that encounter the Kongsberg any one time. A further difference resonance, and other types of organ or EM 122 are unlikely to be subjected to between seismic surveys and naval tissue damage (Cox et al., 2006; Southall repeated pulses because of the narrow exercises is that naval exercises can et al., 2007). Studies examining such fore–aft width of the beam and will involve sound sources on more than one effects are limited. However, resonance receive only limited amounts of pulse vessel. Thus, it is not appropriate to effects (Gentry, 2002) and direct noise- energy because of the short pulses. assume that there is a direct connection induced bubble formations (Crum et al., Animals close to the ship (where the between the effects of military sonar and 2005) are implausible in the case of beam is narrowest) are especially seismic surveys on marine mammals. exposure to an impulsive broadband unlikely to be ensonified for more than However, evidence that sonar signals source like an airgun array. If seismic one 2-to-15 ms pulse (or two pulses if can, in special circumstances, lead (at surveys disrupt diving patterns of deep- in the overlap area). Similarly, Kremser least indirectly) to physical damage and diving species, this might perhaps result et al. (2005) noted that the probability mortality (e.g., Balcomb and Claridge, in bubble formation and a form of the of a cetacean swimming through the 2001; NOAA and USN, 2001; Jepson et bends, as speculated to occur in beaked area of exposure when an MBES emits al., 2003; Ferna´ndez et al., 2004, 2005; whales exposed to sonar. However, a pulse is small. The animal would have Hildebrand 2005; Cox et al., 2006) there is no specific evidence of this to pass the transducer at close range and suggests that caution is warranted when upon exposure to airgun pulses. be swimming at speeds similar to the dealing with exposure of marine In general, very little is known about vessel in order to receive the multiple mammals to any high-intensity ‘‘pulsed’’ the potential for seismic survey sounds pulses that might result in sufficient sound. (or other types of strong underwater exposure to cause TTS.

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Navy sonars that have been linked to Schlundt, 2004). The relevance of those levels. However, the pulsed signals from avoidance reactions and stranding of data to free-ranging odontocetes is the SBP are considerably weaker than cetaceans: (1) Generally have longer uncertain, and in any case, the test those from the MBES. Therefore, pulse duration than the Kongsberg EM sounds were quite different in duration behavioral responses are not expected 122; and (2) are often directed close to as compared with those from an MBES. unless marine mammals are very close horizontally versus more downward for Hearing Impairment and Other to the source. Physical Effects—Given recent stranding the MBES. The area of possible Hearing Impairment and Other events that have been associated with influence of the MBES is much Physical Effects—It is unlikely that the smaller—a narrow band below the the operation of naval sonar, there is SBP produces pulse levels strong source vessel. Also, the duration of concern that mid-frequency sonar enough to cause hearing impairment or exposure for a given marine mammal sounds can cause serious impacts to other physical injuries even in an can be much longer for naval sonar. marine mammals (see above). However, animal that is (briefly) in a position near During L–DEO’s operations, the the MBES proposed for use by L DEO is individual pulses will be very short, and quite different than sonar used for navy the source. The SBP is usually operated a given mammal would not receive operations. Pulse duration of the MBES simultaneously with other higher-power many of the downward-directed pulses is very short relative to the naval sonar. acoustic sources. Many marine as the vessel passes by. Possible effects Also, at any given location, an mammals will move away in response of an MBES on marine mammals are individual marine mammal would be in to the approaching higher-power outlined below. the beam of the MBES for much less sources or the vessel itself before the Masking—Marine mammal time given the generally downward mammals would be close enough for communications will not be masked orientation of the beam and its narrow there to be any possibility of effects appreciably by the MBES signals given fore-aft beamwidth; navy sonar often from the less intense sounds from the the low duty cycle of the echosounder uses near-horizontally-directed sound. SBP. In the case of mammals that do not and the brief period when an individual Those factors would all reduce the avoid the approaching vessel and its mammal is likely to be within its beam. sound energy received from the MBES various sound sources, mitigation Furthermore, in the case of baleen rather drastically relative to that from measures that would be applied to whales, the MBES signals (12 kHz) do naval sonar. minimize effects of other sources would not overlap with the predominant NMFS believes that the brief exposure further reduce or eliminate any minor frequencies in the calls, which would of marine mammals to one pulse, or effects of the SBP. avoid any significant masking. small numbers of signals, from the OBS Behavioral Responses—Behavioral MBES is not likely to result in the reactions of free-ranging marine harassment of marine mammals. The acoustic release transponder used mammals to sonars, echosounders, and SBP to communicate with the OBSs uses other sound sources appear to vary by frequencies of nine to 13 kHz. Once the species and circumstance. Observed Sounds from the SBP are very short OBS is ready to be retrieved, the crew reactions have included silencing and pulses, occurring for one to four ms will use an acoustic release transponder dispersal by sperm whales (Watkins et once every second. Most of the energy to interrogate (i.e., send a signal) to the al., 1985), increased vocalizations and in the sound pulses emitted by the SBP OBS at a frequency of nine to 11 kHz no dispersal by pilot whales is at 3.5 kHz, and the beam is directed (source level is 190 dB re: 1 μPa). The (Globicephala melas) (Rendell and downward. The sub-bottom profiler on acoustic release transponder will then Gordon, 1999), and the previously- the Langseth has a maximum source μ receive a response at a frequency of nine mentioned beachings by beaked whales. level of 204 dB re: 1 Pa. to 13 kHz. The burn-wire release Kremser et al. (2005) noted that the During exposure to a 21 to 25 kHz assembly activates and releases the OBS ‘‘ ’’ probability of a cetacean swimming whale-finding sonar with a source from the anchor to float to the surface. level of 215 dB re: 1 μPa, gray whales through the area of exposure when a reacted by orienting slightly away from bottom profiler emits a pulse is small— An animal would have to pass by the the source and being deflected from even for an SBP more powerful than OBS at close range when the signal is their course by approximately 200 m that on the Langseth—if the animal was emitted in order to be exposed to any (Frankel, 2005). When a 38-kHz in the area, it would have to pass the pulses at a source level of 190 dB re: 1 echosounder and a 150-kHz acoustic transducer at close range and in order to μPa. The sound is expected to undergo Doppler current profiler were be subjected to sound levels that could a spreading loss of approximately 40 dB transmitting during studies in the cause TTS. in the first 100 m (328 ft). Thus, any Eastern Tropical Pacific, baleen whales Masking—Marine mammal animals located 100 m (328 ft) or more showed no significant responses, while communications will not be masked from the signal will be exposed to very spotted and spinner dolphins were appreciably by the SBP signals given the weak signals (less than 150 dB) that are detected slightly more often and beaked directionality of the signal and the brief not expected to have any effects. The whales less often during visual surveys period when an individual mammal is signal is used only for short intervals to (Gerrodette and Pettis, 2005). likely to be within its beam. interrogate and trigger the release of the Captive bottlenose dolphins and a Furthermore, in the case of most baleen OBS and consists of pulses rather than beluga whale exhibited changes in whales, the SBP signals do not overlap a continuous sound. Given the short behavior when exposed to 1-s tonal with the predominant frequencies in the duration use of this signal and rapid signals at frequencies similar to those calls, which would avoid significant attenuation in seawater it is unlikely that will be emitted by the MBES used masking. that the acoustic release signals would by L DEO, and to shorter broadband Behavioral Responses—Marine significantly affect marine mammals pulsed signals. Behavioral changes mammal behavioral reactions to other through masking, disturbance, or typically involved what appeared to be pulsed sound sources are discussed hearing impairment. L–DEO states that deliberate attempts to avoid the sound above, and responses to the SBP are any effects likely would be negligible exposure (Schlundt et al., 2000; likely to be similar to those for other given the brief exposure at presumable Finneran et al., 2002; Finneran and pulsed sources if received at the same low levels.

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Anticipated Effects on Marine Mammal individual fish have often been on caged number of individuals affected and Habitat fish that were exposed to airgun pulses whether critical behaviors involving The proposed seismic survey will not in situations not representative of an sound (e.g., predator avoidance, prey result in any permanent impact on actual seismic survey. Thus, available capture, orientation and navigation, habitats used by marine mammals, information provides limited insight on reproduction, etc.) are adversely including the food sources they use. The possible real-world effects at the ocean affected. Little is known about the mechanisms main impact associated with the or population scale. This makes drawing and characteristics of damage to fish proposed activity will be temporarily conclusions about impacts on fish problematic because, ultimately, the that may be inflicted by exposure to elevated noise levels and the associated most important issues concern effects seismic survey sounds. Few data have direct effects on marine mammals, on marine fish populations, their been presented in the peer-reviewed previously discussed in this notice. viability, and their availability to scientific literature. As far as we know, The Langseth will deploy 28 OBS on fisheries. there are only two papers with proper the Shatsky Rise and the 23-kg OBS The specific received sound levels at experimental methods, controls, and anchors will remain upon equipment which permanent adverse effects to fish careful pathological investigation recovery. Although OBS placement may potentially could occur are little studied implicating sounds produced by actual disrupt a very small area of seafloor and largely unknown. Furthermore, the seismic survey airguns in causing habitat and may disturb benthic available information on the impacts of adverse anatomical effects. One such invertebrates, the impacts are expected seismic surveys on marine fish is from study indicated anatomical damage, and to be localized and transitory. The studies of individuals or portions of a the second indicated TTS in fish Langseth will deploy the OBS in such population; there have been no studies hearing. The anatomical case is a way that creates the least disturbance at the population scale. The studies of McCauley et al. (2003), who found that to the area. Although OBS placement individual fish have often been on caged exposure to airgun sound caused will disrupt a very small area of seafloor fish that were exposed to airgun pulses observable anatomical damage to the habitat and could disturb benthic in situations not representative of an auditory maculae of ‘‘pink snapper’’ invertebrates, L–DEO does not actual seismic survey. Thus, available (Pagrus auratus). This damage in the anticipate any significant impacts to the information provides limited insight on ears had not been repaired in fish habitats used by the 34 species of possible real-world effects at the ocean sacrificed and examined almost two marine mammals in the Shatsky Rise or population scale. This makes drawing months after exposure. On the other area. conclusions about impacts on fish hand, Popper et al. (2005) documented Anticipated Effects on Fish problematic because, ultimately, the only TTS (as determined by auditory most important issues concern effects brainstem response) in two of three fish One reason for the adoption of airguns on marine fish populations, their species from the Mackenzie River Delta. as the standard energy source for marine viability, and their availability to This study found that broad whitefish seismic surveys is that, unlike fisheries. (Coregonus nasus) that received a sound explosives, they have not been Hastings and Popper (2005), Popper exposure level of 177 dB re 1 μPa2 · s associated with large-scale fish kills. (2009), and Popper and Hastings showed no hearing loss. During both However, existing information on the (2009a,b) provided recent critical studies, the repetitive exposure to sound impacts of seismic surveys on marine reviews of the known effects of sound was greater than would have occurred fish populations is limited (see on fish. The following sections provide during a typical seismic survey. Appendix D of the LGL Report). There a general synopsis of the available However, the substantial low-frequency are three types of potential effects of information on the effects of exposure to energy produced by the airguns [less exposure to seismic surveys: (1) seismic and other anthropogenic sound than 400 Hz in the study by McCauley Pathological, (2) physiological, and (3) as relevant to fish. The information et al. (2003) and less than behavioral. Pathological effects involve comprises results from scientific studies approximately 200 Hz in Popper et al. lethal and temporary or permanent sub- of varying degrees of rigor plus some (2005)] likely did not propagate to the lethal injury. Physiological effects anecdotal information. Some of the data fish because the water in the study areas involve temporary and permanent sources may have serious shortcomings was very shallow (approximately 9 m in primary and secondary stress responses, in methods, analysis, interpretation, and the former case and less than two m in such as changes in levels of enzymes reproducibility that must be considered the latter). Water depth sets a lower and proteins. Behavioral effects refer to when interpreting their results (see limit on the lowest sound frequency that temporary and (if they occur) permanent Hastings and Popper, 2005). Potential will propagate (the ‘‘cutoff frequency’’) changes in exhibited behavior (e.g., adverse effects of the program’s sound at about one-quarter wavelength (Urick, startle and avoidance behavior). The sources on marine fish are then noted. 1983; Rogers and Cox, 1988). three categories are interrelated in Pathological Effects—The potential Wardle et al. (2001) suggested that in complex ways. For example, it is for pathological damage to hearing water, acute injury and death of possible that certain physiological and structures in fish depends on the energy organisms exposed to seismic energy behavioral changes could potentially level of the received sound and the depends primarily on two features of lead to an ultimate pathological effect physiology and hearing capability of the the sound source: (1) The received peak on individuals (i.e., mortality). species in question (see Appendix D of pressure and (2) the time required for The specific received sound levels at the LGL Report). For a given sound to the pressure to rise and decay. which permanent adverse effects to fish result in hearing loss, the sound must Generally, as received pressure potentially could occur are little studied exceed, by some substantial amount, the increases, the period for the pressure to and largely unknown. Furthermore, the hearing threshold of the fish for that rise and decay decreases, and the available information on the impacts of sound (Popper, 2005). The chance of acute pathological effects seismic surveys on marine fish is from consequences of temporary or increases. According to Buchanan et al. studies of individuals or portions of a permanent hearing loss in individual (2004), for the types of seismic airguns population; there have been no studies fish on a fish population are unknown; and arrays involved with the proposed at the population scale. The studies of however, they likely depend on the program, the pathological (mortality)

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zone for fish would be expected to be There is general concern about invertebrate populations and their within a few meters of the seismic potential adverse effects of seismic viability, including availability to source. Numerous other studies provide operations on fisheries, namely a fisheries. examples of no fish mortality upon potential reduction in the ‘‘catchability’’ Literature reviews of the effects of exposure to seismic sources (Falk and of fish involved in fisheries. Although seismic and other underwater sound on Lawrence, 1973; Holliday et al., 1987; reduced catch rates have been observed invertebrates were provided by La Bella et al., 1996; Santulli et al., in some marine fisheries during seismic Moriyasu et al. (2004) and Payne et al. 1999; McCauley et al., 2000a,b, 2003; testing, in a number of cases the (2008). The following sections provide a Bjarti, 2002; Thomsen, 2002; Hassel et findings are confounded by other synopsis of available information on the al., 2003; Popper et al., 2005; Boeger et sources of disturbance (Dalen and effects of exposure to seismic survey al., 2006). Raknes, 1985; Dalen and Knutsen, 1986; sound on species of decapod Some studies have reported, some L

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responses by marine invertebrates to implemented for the proposed seismic Likewise, if a mammal is already within acoustic stress. Such stress potentially survey, on the following: the EZ, when first detected, L–DEO will could affect invertebrate populations by (1) Protocols used during previous L– power down the airguns immediately. increasing mortality or reducing DEO seismic research cruises as During a power down of the airgun reproductive success. Primary and approved by NMFS; array, L–DEO will also operate the 40- secondary stress responses (i.e., changes (2) previous IHA applications and in3 airgun. If a marine mammal is in haemolymph levels of enzymes, IHAs approved and authorized by detected within or near the smaller EZ proteins, etc.) of crustaceans have been NMFS; and around that single airgun (Table 1), L– noted several days or months after (3) recommended best practices in DEO will shut down the airgun (see next exposure to seismic survey sounds Richardson et al. (1995), Pierson et al. Section). (Payne et al., 2007). The periods (1998), and Weir and Dolman, (2007). Following a power down, L–DEO will necessary for these biochemical changes To reduce the potential for not resume airgun activity until the to return to normal are variable and disturbance from acoustic stimuli marine mammal has cleared the safety depend on numerous aspects of the associated with the activities, L–DEO zone. L–DEO will consider the animal to biology of the species and of the sound and/or its designees has proposed to have cleared the EZ if stimulus. implement the following mitigation • A PSVO has visually observed the Behavioral Effects—There is measures for marine mammals: animal leave the EZ, or increasing interest in assessing the (1) Proposed exclusion zones; • A PSVO has not sighted the animal possible direct and indirect effects of (2) power-down procedures; within the EZ for 15 min for small seismic and other sounds on (3) shutdown procedures, including odontocetes (or pinnipeds), or 30 min invertebrate behavior, particularly in procedures for species of concern such for mysticetes and large odontocetes, relation to the consequences for as emergency shut-down procedures for including sperm, pygmy sperm, dwarf fisheries. Changes in behavior could North Pacific right whales; and sperm, and beaked whales. potentially affect such aspects as (4) ramp-up procedures. During airgun operations following a reproductive success, distribution, Proposed Exclusion Zones—During power down (or shut down) whose susceptibility to predation, and the proposed study, all proposed survey duration has exceeded the time limits catchability by fisheries. Studies effort will take place in deep (greater specified previously, L–DEO will ramp- investigating the possible behavioral than 1,000 m) water. L–DEO uses safety up the airgun array gradually (see Shut- effects of exposure to seismic survey radii to designate exclusion zones and down Procedures). sound on crustaceans and cephalopods to estimate take (described in greater Shut-down Procedures—L–DEO will have been conducted on both uncaged detail in Section VII of the application) shut down the operating airgun(s) if a and caged animals. In some cases, for marine mammals. Table 1 shows the marine mammal is seen within or invertebrates exhibited startle responses distances at which three sound levels approaching the EZ for the single (e.g., squid in McCauley et al., 2000a,b). (160-, 180-, and 190-dB) are expected to airgun. L–DEO will implement a shut In other cases, no behavioral impacts be received from the 36-airgun array and down: were noted (e.g., crustaceans in a single airgun. The 180- and 190-dB (1) If an animal enters the EZ of the Christian et al., 2003, 2004; DFO 2004). levels are shut-down criteria applicable single airgun after L–DEO has initiated There have been anecdotal reports of to cetaceans and pinnipeds, a power down, or (2) if a an animal is reduced catch rates of shrimp shortly respectively, as specified by NMFS initially seen within the EZ of the single after exposure to seismic surveys; (2000); and L–DEO used these levels to airgun when more than one airgun however, other studies have not establish the EZs. If the protected (typically the full airgun array) is observed any significant changes in species visual observer (PSVO) detects operating. shrimp catch rate (Andriguetto-Filho et marine mammal(s) within or about to L–DEO will not resume airgun al., 2005). Similarly, Parry and Gason enter the appropriate EZ, the Langseth activity until the marine mammal has (2006) did not find any evidence that crew will immediately power down the cleared the EZ, or until the PSVO is lobster catch rates were affected by airguns, or perform a shut down if confident that the animal has left the seismic surveys. Any adverse effects on necessary (see Shut-down Procedures). vicinity of the vessel. Criteria for crustacean and cephalopod behavior or Power-down Procedures—A power judging that the animal has cleared the fisheries attributable to seismic survey down involves decreasing the number of EZ will be as described in the preceding sound depend on the species in airguns in use such that the radius of section. question and the nature of the fishery the 180-dB zone is decreased to the Considering the conservation status (season, duration, fishing method). extent that marine mammals are no for North Pacific right whales, L–DEO longer in or about to enter the EZ. A will shut down the airgun(s) Proposed Mitigation power down of the airgun array can also immediately in the unlikely event that In order to issue an incidental take occur when the vessel is moving from this species is observed, regardless of authorization (ITA) under Section one seismic line to another. During a the distance from the Langseth. L–DEO 101(a)(5)(D) of the MMPA, NMFS must power down for mitigation, L–DEO will will only begin a ramp-up if the right set forth the permissible methods of operate one airgun. The continued whale has not been seen for 30 min. taking pursuant to such activity, and operation of one airgun is intended to Ramp-up Procedures—L–DEO will other means of effecting the least alert marine mammals to the presence of follow a ramp-up procedure when the practicable adverse impact on such the seismic vessel in the area. In airgun array begins operating after a species or stock and its habitat, paying contrast, a shut down occurs when the specified period without airgun particular attention to rookeries, mating Langseth suspends all airgun activity. operations or when a power down has grounds, and areas of similar If the PSVO detects a marine mammal exceeded that period. L–DEO proposes significance, and the availability of such (other than a north Pacific right whale— that, for the present cruise, this period species or stock for taking for certain see Shut-down Procedures) outside the would be approximately eight min. This subsistence uses. EZ, but it is likely to enter the EZ, L– period is based on the 180-dB radius L–DEO has based the mitigation DEO will power down the airguns (940 m, 3,084 ft) for the 36-airgun array measures described herein, to be before the animal is within the EZ. towed at a depth of nine m in relation

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to the minimum planned speed of the of effecting the least practicable adverse During seismic operations at the Langseth while shooting (7.4 km/h, 4.6 impacts on marine mammals species or Shatsky Rise, five PSVOs will be based mi/hr). Similar periods (approximately stocks and their habitat, paying aboard the Langseth. L–DEO will eight to ten min) were used during particular attention to rookeries, mating appoint the PSVOs with NMFS’ previous L–DEO surveys. grounds, and areas of similar concurrence. At least one PSVO and Ramp-up will begin with the smallest significance. when practical, two PSVOs will monitor airgun in the array (40-in3). Airguns will marine mammals near the seismic Proposed Monitoring and Reporting be added in a sequence such that the vessel during ongoing daytime source level of the array will increase in In order to issue an ITA for an operations and nighttime start ups of the steps not exceeding six dB per five- activity, section 101(a)(5)(D) of the airguns. Use of two simultaneous minute period over a total duration of MMPA states that NMFS must set forth observers will increase the effectiveness approximately 35 min. During ramp-up, ‘‘requirements pertaining to the of detecting animals near the source the PSVOs will monitor the EZ, and if monitoring and reporting of such vessel. PSVOs will be on duty in shifts marine mammals are sighted, L–DEO taking.’’ The MMPA implementing of duration no longer than four hours. will implement a power down or shut regulations at 50 CFR 216.104 (a)(13) L–DEO will also instruct other crew to down as though the full airgun array indicate that requests for IHAs must assist in detecting marine mammals and were operational. include the suggested means of implementing mitigation requirements If the complete EZ has not been accomplishing the necessary monitoring (if practical). Before the start of the visible for at least 30 min prior to the and reporting that will result in seismic survey, L–DEO will give the start of operations in either daylight or increased knowledge of the species and crew additional instruction regarding nighttime, L–DEO will not commence of the level of taking or impacts on how to accomplish this task. the ramp-up unless at least one airgun populations of marine mammals that are The Langseth is a suitable platform for (40-in3 or similar) has been operating expected to be present in the action marine mammal and turtle observations. during the interruption of seismic area. When stationed on the observation survey operations. Given these L–DEO proposes to sponsor marine platform, the eye level will be provisions, it is likely that the airgun mammal monitoring during the present approximately 21.5 m (70.5 ft) above sea array will not be ramped up from a project, in order to implement the level, and the observer will have a good complete shut down at night or in thick proposed mitigation measures that view around the entire vessel. During fog, because the outer part of the safety require real-time monitoring, and to daytime, the PSVOs will scan the area zone for that array will not be visible satisfy the anticipated monitoring around the vessel systematically with during those conditions. If one airgun requirements of the IHA. L–DEO’s reticle binoculars (e.g., 7 x 50 Fujinon), has operated during a power-down proposed Monitoring Plan is described Big-eye binoculars (25 x 150), and with period, ramp-up to full power will be below this section. L–DEO understands the naked eye. During darkness, night permissible at night or in poor visibility, that this monitoring plan will be subject vision devices (NVDs) will be available on the assumption that marine to review by NMFS, and that (ITT F500 Series Generation 3 mammals will be alerted to the refinements may be required. The binocular-image intensifier or approaching seismic vessel by the monitoring work described here has equivalent), when required. Laser range- sounds from the single airgun and could been planned as a self-contained project finding binoculars (Leica LRF 1200 laser move away. L–DEO will not initiate a independent of any other related rangefinder or equivalent) will be ramp-up of the airguns if a marine monitoring projects that may be available to assist with distance mammal is sighted within or near the occurring simultaneously in the same estimation. Those are useful in training applicable EZs during the day or close regions. L–DEO is prepared to discuss observers to estimate distances visually, to the vessel at night. coordination of its monitoring program but are generally not useful in NMFS has carefully evaluated the with any related work that might be measuring distances to animals directly; applicant’s proposed mitigation done by other groups insofar as this is that is done primarily with the reticles measures and has considered a range of practical and desirable. in the binoculars. other measures in the context of ensuring that NMFS prescribes the Vessel-based Visual Monitoring Passive Acoustic Monitoring means of effecting the least practicable PSVOs will be based aboard the Passive Acoustic Monitoring (PAM) adverse impact on the affected marine seismic source vessel and will watch for will complement the visual monitoring mammal species and stocks and their marine mammals near the vessel during program, when practicable. Visual habitat. Our evaluation of potential daytime airgun operations and during monitoring typically is not effective measures included consideration of the any start-ups at night. PSVOs will also during periods of poor visibility or at following factors in relation to one watch for marine mammals near the night, and even with good visibility, is another: (1) The manner in which, and seismic vessel for at least 30 min prior unable to detect marine mammals when the degree to which, the successful to the start of airgun operations after an they are below the surface or beyond implementation of the measure is extended shut down. When feasible, visual range. L–DEO can use acoustical expected to minimize adverse impacts PSVOs will also observe during daytime monitoring in addition to visual to marine mammals; (2) the proven or periods when the seismic system is not observations to improve detection, likely efficacy of the specific measure to operating for comparison of sighting identification, and localization of minimize adverse impacts as planned; rates and behavior with vs. without cetaceans. The acoustic monitoring will and (3) the practicability of the measure airgun operations. Based on PSVO serve to alert visual observers (if on for applicant implementation. observations, the airguns will be duty) when vocalizing cetaceans are Based on our evaluation of the powered down or shut down when detected. It is only useful when marine applicant’s proposed measures, as well marine mammals are observed within or mammals call, but it can be effective as other measures considered by NMFS about to enter a designated EZ. The EZ either by day or by night, and does not or recommended by the public, NMFS is a region in which a possibility exists depend on good visibility. It will be has determined that the required of adverse effects on animal hearing or monitored in real time so that the visual mitigation measures provide the means other physical effects. observers can be advised when

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cetaceans are detected. When bearings types and nature of sounds heard (e.g., mammals and turtles relative to the (primary and mirror-image) to calling clicks, continuous, sporadic, whistles, source vessel at times with and without cetacean(s) are determined, the bearings creaks, burst pulses, strength of signal, seismic activity. will be relayed to the visual observer to etc.), and any other notable information. 5. Data on the behavior and help him/her sight the calling animal(s). The acoustic detection can also be movement patterns of marine mammals The PAM system consists of hardware recorded for further analysis. and turtles seen at times with and (i.e., hydrophones) and software. The without seismic activity. ‘‘wet end’’ of the system consists of a PSVO Data and Documentation L–DEO will submit a report to NMFS towed four-hydrophone array, two of PSVOs will record data to estimate and NSF within 90 days after the end of which are monitored simultaneously; the numbers of marine mammals the cruise. The report will describe the the active section of the array is exposed to various received sound operations that were conducted and approximately 30 m (98 ft) long. The levels and to document apparent sightings of marine mammals and array is attached to the vessel by a 250- disturbance reactions or lack thereof. turtles near the operations. The report m (820 ft) electromechanical lead-in Data will be used to estimate numbers will provide full documentation of cable and a 50-m (164 ft) long deck lead- of animals potentially ‘taken’ by methods, results, and interpretation in cable. However, not the entire length harassment (as defined in the MMPA). pertaining to all monitoring. The 90-day of lead-in cable is used; thus, the They will also provide information report will summarize the dates and hydrophones are typically located 120 needed to order a power down or shut locations of seismic operations, and all m (394 ft) behind the stern of the ship. down of the airguns when a marine marine mammal sightings (dates, times, The deck cable is connected from the mammal is within or near the EZ. locations, activities, associated seismic array to a computer in the laboratory When a sighting is made, the survey activities). The report will also where signal conditioning and following information about the sighting include estimates of the number and processing takes place. The digitized will be recorded: nature of exposures that could result in signal is then sent to the main 1. Species, group size, age/size/sex ‘‘takes’’ of marine mammals by laboratory, where the acoustic PSVO categories (if determinable), behavior harassment or in other ways. monitors the system. The hydrophone when first sighted and after initial L–DEO will report all injured or dead array is typically towed at depths less sighting, heading (if consistent), bearing marine mammals (regardless of cause) to than 20 m (66 ft). and distance from seismic vessel, NMFS as soon as practicable. The report The towed hydrophones will ideally sighting cue, apparent reaction to the should include the species or be monitored 24 hr/d while at the airguns or vessel (e.g., none, avoidance, description of the animal, the condition seismic survey area during airgun approach, paralleling, etc.), and of the animal, location, time first found, operations, and during most periods behavioral pace. observed behaviors (if alive) and photo when the Langseth is underway while 2. Time, location, heading, speed, or video, if available. the airguns are not operating. One PSVO activity of the vessel, sea state, will monitor the acoustic detection visibility, and sun glare. Estimated Take by Incidental system at any one time, by listening to The data listed under (2) will also be Harassment the signals from two channels via recorded at the start and end of each Except with respect to certain headphones and/or speakers and observation watch, and during a watch activities not pertinent here, the MMPA watching the real-time spectrographic whenever there is a change in one or defines ‘‘harassment’’ as: display for frequency ranges produced more of the variables. any act of pursuit, torment, or annoyance by cetaceans. PSVOs monitoring the All observations and power downs or which (i) has the potential to injure a marine acoustical data will be on shift for one shut downs will be recorded in a mammal or marine mammal stock in the wild to six hours at a time. Besides the visual standardized format. Data will be [Level A harassment]; or (ii) has the potential PSVO, an additional PSVO with entered into an electronic database. The to disturb a marine mammal or marine primary responsibility for PAM will also accuracy of the data entry will be mammal stock in the wild by causing be aboard. All PSVOs are expected to verified by computerized data validity disruption of behavioral patterns, including, rotate through the PAM position, checks as the data are entered and by but not limited to, migration, breathing, although the most experienced with subsequent manual checking of the nursing, breeding, feeding, or sheltering [Level B harassment]. acoustics will be on PAM duty more database. These procedures will allow frequently. initial summaries of data to be prepared Only take by Level B harassment is When a vocalization is detected while during and shortly after the field anticipated and authorized as a result of visual observations are in progress, the program, and will facilitate transfer of the proposed marine geophysical survey acoustic PSVO will contact the visual the data to statistical, graphical, and at the Shatsky Rise. Acoustic stimuli PSVO immediately, to alert him/her to other programs for further processing (i.e., increased underwater sound) the presence of cetaceans (if they have and archiving. generated during the operation of the not already been seen), and to allow a Results from the vessel-based seismic airgun array, may have the power down or shut down to be observations will provide: potential to cause marine mammals in initiated, if required. The information 1. The basis for real-time mitigation the survey area to be exposed to sounds regarding the call will be entered into a (airgun power down or shut down). at or greater than 160 decibels (dB) or database. The data to be entered include 2. Information needed to estimate the cause temporary, short-term changes in an acoustic encounter identification number of marine mammals potentially behavior. There is no evidence that the number, whether it was linked with a taken by harassment, which must be planned activities could result in injury visual sighting, date, time when first reported to NMFS. or mortality within the specified and last heard and whenever any 3. Data on the occurrence, geographic area for which L–DEO seeks additional information was recorded, distribution, and activities of marine the IHA. The required mitigation and position and water depth when first mammals and turtles in the area where monitoring measures will minimize any detected, bearing if determinable, the seismic study is conducted. potential risk for injury or mortality. species or species group (e.g., 4. Information to compare the The following sections describe L– unidentified dolphin, sperm whale), distance and distribution of marine DEO’s methods to estimate take by

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incidental harassment and present the dolphin species in this area that have mammals potentially affected have been applicant’s estimates of the numbers of been taken in the Japanese drive derived; L–DEO ‘s maximum estimates marine mammals that could be affected fisheries. The densities used here are (precautionary estimates) are 1.5 times during the proposed geophysical survey. Miyashita’s (1993a) estimates for the greater than the best estimates. The estimates are based on a ‘Eastern offshore’ survey area (30–42° N, The estimated numbers of individuals consideration of the number of marine 145°–180° E). Kato and Miyashita (1998) potentially exposed are based on the mammals that could be disturbed provided estimates for sperm whale 160-dB re 1 μPa · mrms criterion for all appreciably by operations with the 36- densities from Japanese sightings data cetaceans (see Table 3 in this notice). It airgun array to be used during during 1982 to 1996 in the western is assumed that marine mammals approximately 3,160 km of seismic North Pacific (20–50° N, 130°–180° E), exposed to airgun sounds that strong surveys at the Shatsky Rise. and Hakamada et al. (2004) provided might change their behavior sufficiently L–DEO assumes that, during density estimates for sei whales during to be considered ‘‘taken by harassment.’’ simultaneous operations of the airgun August through September in the L–DEO estimates of exposures to array and the other sources, any marine JARPN II sub-areas 8 and 9 (35–50° N, various sound levels assume that the mammals close enough to be affected by 150–170° E excluding waters in the proposed surveys will be completed. As the MBES and SBP would already be Exclusive Economic Zone of Russia) is typical during offshore ship surveys, affected by the airguns. However, during 2002 and 2003. L–DEO used inclement weather and equipment whether or not the airguns are operating density estimates during 1994 through malfunctions are likely to cause delays simultaneously with the other sources, 2007 for minke whales at 35–40° N, and may limit the number of useful line- marine mammals are expected to exhibit 157–170° E from Hakamada et al. kilometers of seismic operations that no more than short-term and (2009), density estimates during 1998 can be undertaken. Furthermore, any inconsequential responses to the MBES through 2002 for Bryde’s whales at 31– marine mammal sightings within or and SBP given their characteristics (e.g., 43° N, 145–165° E from Kitakado et al. near the designated exclusion zones will narrow downward-directed beam) and (2008), and density estimates during result in the power down or shut down other considerations described 1994–2007 for blue, fin, humpback, and of seismic operations as a mitigation previously. Such reactions are not North Pacific right whales at 31–51° N, measure. Thus, the following estimates considered to constitute ‘‘taking’’ 140–170° E from Matsuoka et al. (2009). of the numbers of marine mammals (NMFS, 2001). Therefore, L–DEO For four species (northern fur seal, potentially exposed to sound levels of provides no additional allowance for Dall’s porpoise, Pacific white-sided 160 re 1 μPa · mrms are precautionary animals that could be affected by sound dolphin (Lagenorhynchus obliquidens), and probably overestimate the actual sources other than airguns. northern right-whale dolphin numbers of marine mammals that might Density data on 18 marine mammal (Lissodelphis borealis)), estimates of be involved. These estimates also species in the Shatsky Rise area are densities in the Shatsky Rise area are assume that there will be no weather, available from two sources using available from sightings data collected equipment, or mitigation delays, which conventional line transect methods: by observers in the high-seas driftnet is highly unlikely. Japanese sighting surveys conducted fisheries during 1987 through 1990 Table 4 of L–DEO’s application shows since the early 1980s, and fisheries (Buckland et al., 1993). Those data were the best and maximum estimated observers in the high-seas driftnet analyzed for 5° x 5° blocks, and the number of exposures and the number of fisheries during 1987–1990 (see Table 3 densities used here are from blocks for different individuals potentially in L–DEO’s application). For the 16 which available data overlap the exposed during the seismic survey if no other marine mammal species that proposed survey area. In general, those animals moved away from the survey could be encountered in the proposed data represent the average annual vessel. The requested take survey area, data from the western density in the northern half of the authorization, given in the far right North Pacific right whale are not Shatsky Rise survey area (35–40° N). column of Table 4 of L–DEO’s available (see Table 3 in L–DEO’s The densities mentioned above had application, is based on the maximum application Table 3). L–DEO is not been corrected by the original authors estimates rather than the best estimates aware of any density estimates for three for detectability bias and, with the of the numbers of individuals exposed, of those species—Hubb’s (Mesoplodon exception of Kitakado et al. (2008) and because of uncertainties associated with carlhubbsi), Stejneger’s (Mesoplodon Hakamada et al. (2009), for availability applying density data from one area to stejnegeri), and gingko-toothed beaked bias. Detectability bias is associated another. whales (Mesoplodon ginkgodens). For with diminishing sightability with The number of different individuals the remaining 13 species (see Table 3 in increasing lateral distance from the that may be exposed to airgun sounds L–DEO’s application), density estimates track line [f(0)]. Availability bias refers with received levels greater than or μ are available from other areas of the to the fact that there is less than a 100 equal to 160 dB re 1 Pa · mrms on one Pacific: 11 species from the offshore percent probability of sighting an or more occasions was estimated by stratum of the 2002 Hawaiian Islands animal that is present along the survey considering the total marine area that survey (Barlow, 2006) and two species track line, and it is measured by g(0). would be within the 160-dB radius from surveys of the California Current There is some uncertainty about the around the operating airgun array on at ecosystem off the U.S. west coast accuracy of the density data from the least one occasion. The number of between 1991 and 2005 (Barlow and the Japanese Whale Research Program possible exposures (including repeated Forney, 2007). Those estimates are under Special Permit (JARPN/JARPN II). exposures of the same individuals) can based on standard line-transect For example, densities in Miyashita be estimated by considering the total protocols developed by NMFS’ (1993a) and Buckland et al. (1993) are marine area that would be within the Southwest Fisheries Science Center from the 1980s and represent the best 160-dB radius around the operating (SWFSC). available information for the Shatsky airguns, including areas of overlap. In Densities for 14 species are available Rise area at this time. To provide some the proposed survey, the seismic lines from Japanese sighting surveys in the allowance for these uncertainties, are widely spaced in the proposed Shatsky Rise survey area. Miyashita particularly underestimates of densities survey area, so an individual mammal (1993a) provided estimates for six present and numbers of marine would most likely not be exposed

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numerous times during the survey; the Applying the approach described The ‘best estimate’ of the number of area including overlap is only 1.4 times above, approximately 20,831 square individual cetaceans that could be the area excluding overlap. Moreover, it kilometers (km2) would be within the exposed to seismic sounds with is unlikely that a particular animal 160-dB isopleth on one or more received levels greater than or equal to would stay in the area during the entire occasions during the survey, whereas 160 dB re: 1 μPa during the proposed survey. The number of different 22,614 km2 is the area ensonified to survey is 13,299 (see Table 3 below this individuals potentially exposed to greater than or equal to 160 dB when section). That total includes 155 baleen received levels greater than or equal to whales, 87 of which are endangered: μ overlap is included. Thus, an average 160 re 1 Pa · mrms was calculated by individual marine mammal would be one North Pacific right whale or 0.6% multiplying: exposed only once during the survey. of the regional population; 15 (1) The expected species density, Because this approach does not allow humpback whales (1.4%), 37 sei whales either ‘‘mean’’ (i.e., best estimate) or (0.4%), 22 fin whales (0.1%), and 12 ‘‘ ’’ for turnover in the mammal populations maximum , times; blue whales (0.4%). In addition, 22 (2) The anticipated minimum area to in the study area during the course of sperm whales (also listed as endangered be ensonified to that level during airgun the survey, the actual number of operations including overlap individuals exposed could be under the ESA) or less than 0.1% of the (exposures); or underestimated. However, the approach regional population could be exposed (3) The anticipated area to be assumes that no cetaceans will move during the survey, and 198 beaked ensonified to that level during airgun away from or toward the trackline as the whales including Cuvier’s, Longman’s, operations excluding overlap Langseth approaches in response to Baird’s, Blainville’s, and possibly ginkgo-toothed, Stejneger’s, or Hubb’s (individuals). increasing sound levels prior to the time beaked whales. Most (96%) of the The area expected to be ensonified the levels reach 160 dB, which will cetaceans potentially exposed are was determined by entering the planned result in overestimates for those species delphinids; short-beaked common, survey lines into a MapInfo Geographic known to avoid seismic vessels. Information System (GIS), using the GIS striped, pantropical spotted, and Pacific to identify the relevant areas by Table 4 of L–DEO’s application shows white-sided dolphins and melon-headed ‘‘drawing’’ the applicable 160-dB buffer the best and maximum estimates of the whales are estimated to be the most (see Table 1) around each seismic line, number of exposures and the number of common species in the area, with best and then calculating the total area different individual cetaceans that estimates of 6,444 (0.2% of the regional within the buffers. Areas of overlap potentially could be exposed to greater population), 2,480 (0.4%), 1,467 (0.3%), were included only once when than or equal to 160 dB re: 1 μPa during and 758 (0.1%) exposed to levels greater estimating the number of individuals the seismic survey if no animals moved than or equal to 160 dB re: 1 μPa, exposed. away from the survey vessel. respectively.

TABLE 3—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO DIFFERENT SOUND LEVELS DURING L–DEO’S PROPOSED SEISMIC SURVEY AT SHATSKY RISE DURING JULY–SEPTEMBER, 2010

Estimated number Estimated number of individuals ex- of individuals ex- Approximate posed to sound posed to sound percent of Species levels ≥160 dB re: levels ≥160 dB re: regional 1 μPa 1 μPa population (Best) (Maximum) (best)

North Pacific right whale ...... 1 2 0.60 Humpback whale ...... 15 22 1.43 Minke whale ...... 57 85 0.23 Bryde’s whale ...... 11 16 0.05 Sei whale ...... 37 56 0.37 Fin whale ...... 22 34 0.14 Blue whale ...... 12 18 0.35 Sperm whale ...... 22 32 0.07 Pygmy sperm whale ...... 66 100 <0.01 Dwarf sperm whale ...... 163 244 <0.01 Cuvier’s beaked whale ...... 142 212 0.71 Baird’s beaked whale ...... 18 27 N.A. Longman’s beaked whale ...... 9 14 N.A. Blainville’s beaked whale ...... 27 40 0.11 Mesoplodon spp...... 2 3 0.01 Rough-toothed dolphin ...... 65 97 0.04 Bottlenose dolphin ...... 500 750 0.21 Pantropical spotted dolphin ...... 1,467 2,200 0.33 Spinner dolphin ...... 17 26 <0.01 Striped dolphin ...... 2,480 3,721 0.44 Fraser’s dolphin ...... 95 143 0.03 Short-beaked common dolphin ...... 6,444 9,666 0.22 Pacific white-sided dolphin ...... 758 1,137 0.08 Northern right whale dolphin ...... 9 13 <0.01 Risso’s dolphin ...... 225 337 0.03 Melon-headed whale ...... 27 41 0.06 Pygmy killer whale ...... 0 0 0.00 False killer whale ...... 43 64 0.27 Killer whale ...... 3 5 0.04

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TABLE 3—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO DIFFERENT SOUND LEVELS DURING L–DEO’S PROPOSED SEISMIC SURVEY AT SHATSKY RISE DURING JULY–SEPTEMBER, 2010—Continued

Short-finned pilot whale ...... 104 156 0.20 Dall’s porpoise ...... 457 686 0.03 Northern fur seal ...... 37 56 <0.01 Best and maximum estimates and regional population size estimates are based on Table 3 in L–DEO’s application. N.A. means not available. Mesoplodon spp. could include ginkgo-toothed, Stejneger’s, or Hubb’s beaked whales; density (not available) is an arbitrary low value.

Negligible Impact and Small Numbers While behavioral modifications, Opinion evaluating the effects of issuing Analysis and Determination including temporarily vacating the area the IHA on threatened and endangered during the operation of the airgun(s), marine mammals and, if appropriate, NMFS has defined ‘‘negligible impact’’ may be made by these species to avoid authorizing incidental take. NMFS will in 50 CFR 216.103 as ‘‘* * * an impact the resultant acoustic disturbance, the conclude formal Section 7 consultation resulting from the specified activity that availability of alternate areas within prior to making a determination on cannot be reasonably expected to, and is these areas and the short and sporadic whether or not to issue the IHA. If the not reasonably likely to, adversely affect duration of the research activities, have IHA is issued, L–DEO will be required the species or stock through effects on led NMFS to preliminarily determine to comply with the Terms and annual rates of recruitment or survival.’’ that this action will have a negligible Conditions of the Incidental Take In making a negligible impact impact on the species in the specified Statement corresponding to NMFS’ determination, NMFS considers: geographic region. Biological Opinion issued to both NSF (1) The number of anticipated Based on the analysis contained and NMFS’ Office of Protected mortalities; herein of the likely effects of the Resources. (2) the number and nature of specified activity on marine mammals National Environmental Policy Act anticipated injuries; and their habitat, and taking into (NEPA) (3) the number, nature, and intensity, consideration the implementation of the and duration of Level B harassment; and mitigation and monitoring measures, L–DEO has prepared an EA, and an (4) the context in which the takes NMFS preliminarily finds that L–DEO’s associated environmental report that occur. planned research activities, will result analyzes the direct, indirect and As mentioned previously, NMFS in the incidental take of small numbers cumulative environmental impacts of estimates that 34 species of marine of marine mammals, by Level B the proposed specified activities on mammals could be potentially affected harassment only, and that the total marine mammals including those listed by Level B harassment over the course taking from the marine geophysical as threatened or endangered under the of the IHA. For each species, these survey will have a negligible impact on ESA. The associated report, prepared by numbers are small (each, less than two the affected species or stocks. LGL on behalf of NSF and L–DEO is percent) relative to the population size. entitled, ‘‘Environmental Assessment of No injuries or mortalities are Impact on Availability of Affected a Marine Geophysical Survey by the R/ anticipated to occur as a result of the L– Species or Stock for Taking for V Marcus G. Langseth on the Shatsky DEO’s planned marine geophysical Subsistence Uses Rise in the Northwest Pacific Ocean, survey, and none are authorized. Only There are no relevant subsistence uses July–September, 2010.’’ Prior to making short-term behavioral disturbance is of marine mammals implicated by this a final decision on the IHA application, anticipated to occur due to the brief and action. NMFS will either prepare an sporadic duration of the survey independent EA, or, after review and Endangered Species Act activities. No mortality or injury is evaluation of NSF’s EA and associated expected to occur, and due to the Of the 34 species of marine mammals Report, for consistency with the nature, degree, and context of that may occur in the proposed survey regulations published by the Council of behavioral harassment anticipated, the area, six are listed as endangered under Environmental Quality (CEQ) and activity is not expected to impact rates the ESA, including the north Pacific NOAA Administrative Order 216–6, of recruitment or survival. right, humpback, sei, fin, blue, and Environmental Review Procedures for NMFS has preliminarily determined, sperm whales. Under Section 7 of the Implementing the National provided that the aforementioned ESA, NSF has initiated formal Environmental Policy Act, adopt the mitigation and monitoring measures are consultation with the NMFS, Office of NSF EA and make a decision of whether implemented, that the impact of Protected Resources, Endangered or not to issue a Finding of No conducting a marine geophysical survey Species Division, on this proposed Significant Impact (FONSI). at the Shatsky Rise in the northwest seismic survey. NMFS’ Office of Pacific Ocean, July through September Protected Resources, Permits, Preliminary Determinations 2010, may result, at worst, in a Conservation and Education Division, NMFS has preliminarily determined temporary modification in behavior has initiated formal consultation under that the impact of conducting the and/or low-level physiological effects Section 7 of the ESA with NMFS’ Office specific seismic survey activities (Level B harassment) of small numbers of Protected Resources, Endangered described in this notice and the IHA of certain species of marine mammals. Species Division, to obtain a Biological request in the specific geographic region

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within the Shatsky Rise area in the mitigation measures mentioned ADDRESSES: The LOA and supporting northwest Pacific Ocean may result, at previously in this document. documentation are available for review worst, in a temporary modification in by writing to P. Michael Payne, Chief, Proposed Authorization behavior (Level B harassment) of small Permits, Conservation, and Education numbers of marine mammals. Further, As a result of these preliminary Division, Office of Protected Resources, this activity is expected to result in a determinations, NMFS proposes to issue National Marine Fisheries Service negligible impact on the affected species an IHA to L–DEO for conducting a (NMFS), 1315 East West Highway, or stocks of marine mammals. The marine geophysical survey at the Silver Spring, MD 20910–3225 or by provision requiring that the activity not Shatsky Rise area in the northwest telephoning one of the contacts listed have an unmitigable impact on the Pacific Ocean, provided the previously below (FOR FURTHER INFORMATION availability of the affected species or mentioned mitigation, monitoring, and CONTACT). Documents cited in this stock of marine mammals for reporting requirements are incorporated. notice may be viewed, by appointment, subsistence uses is not implicated for The duration of the IHA would not during regular business hours, at the this proposed action. exceed one year from the date of its aforementioned address and at the For reasons stated previously in this issuance. Southwest Regional Office, NMFS, 501 document, the specified activities Information Solicited West Ocean Boulevard, Suite 4200, associated with the proposed survey are Long Beach, CA 90802. not likely to cause TTS, PTS or other NMFS requests interested persons to FOR FURTHER INFORMATION CONTACT: non-auditory injury, serious injury, or submit comments and information Michelle Magliocca, Office of Protected death to affected marine mammals concerning this proposed project and Resources, NMFS, 301–713–2289, or because: NMFS’ preliminary determination of Monica DeAngelis, NMFS, 562–980– (1) The likelihood that, given issuing an IHA (see ADDRESSES). 3232. Concurrent with the publication of this sufficient notice through relatively slow SUPPLEMENTARY INFORMATION: ship speed, marine mammals are notice in the Federal Register, NMFS is expected to move away from a noise forwarding copies of this application to Background the Marine Mammal Commission and source that is annoying prior to its Section 101(a)(5)(A) of the MMPA (16 its Committee of Scientific Advisors. becoming potentially injurious; U.S.C. 1361 et seq.) directs the National (2) The fact that cetaceans would have Dated: May 17, 2010. Marine Fisheries Service (NMFS) to to be closer than 940 m (0.6 mi) in deep James H. Lecky, allow, upon request, the incidental, but water when the full array is in use at a Director, Office of Protected Resources, not intentional, taking of small numbers 9 m (29.5 ft) tow depth from the vessel National Marine Fisheries Service. of marine mammals by U.S. citizens to be exposed to levels of sound [FR Doc. 2010–12296 Filed 5–20–10; 8:45 am] who engage in a specified activity (other believed to have even a minimal chance BILLING CODE 3510–22–P than commercial fishing) within a of causing PTS; specified geographical region if certain (3) The fact that marine mammals findings are made and regulations are would have to be closer than 3,850 m DEPARTMENT OF COMMERCE issued. However, for military readiness (2.4 mi) in deep water when the full activities, the National Defense array is in use at a 9 m (29.5 ft) tow National Oceanic and Atmospheric Authorization Act (Public Law 108–136) depth from the vessel to be exposed to Administration removed the ‘‘small numbers’’ and levels of sound (160 dB) believed to RIN 0648–XW03 ‘‘specified geographical region’’ have even a minimal chance at causing limitations. Under the MMPA, the term TTS; and Taking and Importing Marine ‘‘take’’ means to harass, hunt, capture, or (4) The likelihood that marine Mammals; Taking Marine Mammals kill, or to attempt to harass, hunt, mammal detection ability by trained Incidental to Missile Launch capture, or kill marine mammals. observers is high at that short distance Operations from San Nicolas Island, Authorization may be granted for from the vessel. CA periods up to 5 years if NMFS finds, As a result, no take by injury, serious after notification and opportunity for injury, or death is anticipated or AGENCY: National Marine Fisheries public comment, that the taking will authorized, and the potential for Service (NMFS), National Oceanic and have a negligible impact on the species temporary or permanent hearing Atmospheric Administration (NOAA), or stock(s) of marine mammals and will impairment is very low and will be Commerce. not have an unmitigable adverse impact avoided through the incorporation of ACTION: Notice of issuance of a Letter on the availability of the species or the proposed monitoring and mitigation of Authorization. stock(s) for subsistence uses. In measures. addition, NMFS must prescribe While the number of marine SUMMARY: In accordance with the regulations that include permissible mammals potentially incidentally Marine Mammal Protection Act methods of taking and other means of harassed will depend on the (MMPA), as amended, and effecting the least practicable adverse distribution and abundance of marine implementing regulations, notification impact on the species and its habitat mammals in the vicinity of the survey is hereby given that a letter of and on the availability of the species for activity, the number of potential Level authorization (LOA) has been issued to subsistence uses, paying particular B incidental harassment takings (see the Naval Air Warfare Center Weapons attention to rookeries, mating grounds, Table 3 above this section) is estimated Division, U.S. Navy (Navy), to take three and areas of similar significance. The to be small, less than two percent of any species of seals and sea lions incidental regulations must include requirements of the estimated population sizes based to missile launch operations from San for monitoring and reporting of such on the data disclosed in Table 2 of this Nicolas Island (SNI), California, a taking. notice, and has been mitigated to the military readiness activity. Regulations governing the taking of lowest level practicable through DATES: Effective June 4, 2010, through northern elephant seals (Mirounga incorporation of the monitoring and June 3, 2011. angustirostris), Pacific harbor seals

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(Phoca vitulina richardsi), and three pinniped species listed above that mission objectives; and (5) the Navy California sea lions (Zalophus may result from the launching of up to must limit launch activities during californianus), by harassment, 40 missiles from SNI per year. Up to 10 nighttime hours, except when required incidental to missile launch operations launches per year may occur at night. by mission objectives (e.g., up to 10 at SNI, were issued on June 2, 2009, and Nighttime launches will only occur nighttime launches for ABL testing per remain in effect until June 2, 2014 (74 when required by the test objectives, year). Additionally, for 2 hours prior to, FR 26580, June 3, 2009). For detailed e.g., when testing the Airborne Laser during, and approximately 30 minutes information on this action, please refer system (ABL). Northern elephant seals, following each launch, personnel are to that document. The regulations Pacific harbor seals, and California sea not allowed near any of the pinniped include mitigation, monitoring, and lions are found on various haul-out sites haul-out beaches that are close to the reporting requirements for the and rookeries on SNI. flight track on the western end of SNI. incidental take of marine mammals Potential impacts of the planned Associated fixed-wing and rotary during missile launches at SNI. missile launch operations from SNI on aircraft will maintain an altitude of at marine mammals involve both acoustic Summary of Request least 305 m (1,000 ft) when traveling and non-acoustic effects. Acoustic near beaches on which pinnipeds are On April 19, 2010, NMFS received a effects relate to sound produced by the hauled out, except in emergencies or for request for an LOA renewal pursuant to engines of all launch vehicles, and, in real-time security incidents (e.g., search- the aforementioned regulations that some cases, their booster rockets. and-rescue, fire-fighting, adverse would authorize, for a period not to Potential non-acoustic effects could weather conditions), which may require exceed 1 year, take of pinnipeds, by result from the physical presence of approaching pinniped haul-outs and harassment, incidental to missile launch personnel during placement of video rookeries closer than 305 m (1,000 ft). operations from San Nicolas Island, CA. and acoustical monitoring equipment. Additionally, plain monitoring methods Summary of Activity and Monitoring However, careful deployment of will be reviewed by NMFS if post- Conducted During 2009 and 2010 monitoring equipment is not expected launch surveys determine that an to result in any disturbance to injurious or lethal take of a marine The Navy’s monitoring report for June pinnipeds hauled out nearby. Any 2009 through December 2009 describes mammal occurred. The Navy will also visual disturbance caused by passage of use monitoring surveys and time-lapse three single launches from SNI on three a vehicle overhead is likely to be minor different days. These launches occurred video to monitor the animals before, and brief as the launch vehicles are during, and after missile launches. at night during the Airborne Laser (ABL) relatively small and move at great testing program. A single Terrier-Lynx Reports will be submitted to NMFS after speed. The noise generated by Navy each LOA expires, and a final was launched on each of two days, June activities may result in the incidental 6 and 13, 2009, and a single Terrier- comprehensive report, which will harassment of pinnipeds, both summarize all previous reports and Black Brant was launched on August 10, behaviorally and in terms of 2009. Vehicles were launched from the assess cumulative impacts, will be physiological (auditory) impacts. The submitted before the rule expires. This 807 Launch Complex located close to noise and visual disturbances from shore on the western end of SNI, 11 m LOA will be renewed annually based on missile launches may cause the animals review of the annual monitoring report. above sea level. The launch azimuths to move towards or enter the water. This caused the vehicles to pass over or near LOA authorizes the following numbers Authorization various pinniped monitoring and of pinnipeds to be incidentally taken by acoustic measurement sites where Level B harassment: 474 northern The Navy complied with the Autonomous Terrestrial Acoustic elephant seals; 467 Pacific harbor seals; requirements of the 2009 LOA and Recorders (ATARs) and video systems and 1606 California sea lions. NMFS has determined that there was no had been deployed. The video data were Take of pinnipeds will be minimized evidence of pinniped injuries or supplemented by direct visual scans of through implementation of the fatalities related to vehicle launches the haul-out groups several hours prior following mitigation measures: (1) The from SNI. The Navy’s activities fell to the launches and following one of the Navy must avoid launch activities within the scope of the activities launches. For each launch, the number, during harbor seal pupping season analyzed in the 2009 rule and the proportion, and (where determinable) (February through April), unless observed take did not exceed that ages of the individual pinnipeds that constrained by factors including, but not authorized in the 2009 LOA. NMFS has responded in various ways were limited to, human safety, national determined that this action continues to extracted from the video, along with security, or for launch trajectory have a negligible impact on the affected comparable data for those that did not necessary to meet mission objectives; (2) species or stocks of marine mammals on respond overtly. Approximately 750 the Navy must limit launch activities SNI. Accordingly, NMFS has issued a California sea lions, 60 Pacific harbor during other pinniped pupping seasons, LOA to the Navy authorizing the take of seals, and no northern elephant seals are unless constrained by factors including, marine mammals, by harassment, estimated to have been harassed by but not limited to, human safety, incidental to missile launch activities launches during the June-December national security, or for launch from SNI. The provision requiring that 2009 monitoring report. The authorized trajectory necessary to meet mission the activities not have an unmitigable level of take was not exceeded and no objectives; (3) the Navy must not launch adverse impact on the availability of the evidence of injury or mortality was missiles from the Alpha Complex at low affected species or stock for subsistence observed during or immediately elevation (less than 305 m [1,000 ft]) on uses does not apply for this action. launch azimuths that pass close to succeeding the launches for the Dated: May 17, 2010. monitored pinniped species. pinniped haul-out site(s) when occupied; (4) the Navy must avoid James H. Lecky, Description of 2010 Activities multiple vehicle launches in quick Director, Office of Protected Resources, This LOA is effective from June 4, succession over haul-out sites when National Marine Fisheries Service. 2010, through June 3, 2011, and occupied, especially when young pups [FR Doc. 2010–12294 Filed 5–20–10; 8:45 am] authorizes the incidental take of the are present, except when required by BILLING CODE 3510–22–S

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COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 46–48c) in Coverage: C–List for 100% of the PEOPLE WHO ARE BLIND OR connection with the products and requirements of the Department of SEVERELY DISABLED services proposed for addition to the Defense as aggregated by the DEFENSE Procurement List. SUPPLY CENTER PHILADELPHIA. Procurement List Proposed Additions Comments on this certification are Services and Deletion invited. Commenters should identify the statement(s) underlying the certification Service Type/Locations: AGENCY: Committee for Purchase From Janitorial and Grounds Maintenance, on which they are providing additional People Who Are Blind or Severely Customs and Border Protection, Three information. Disabled. Points Transport Base, 16434 W. Ajo ACTION: Proposed additions to and End of Certification Way, Robles Junction, AZ. deletion from the Procurement List. Customs and Border Protection, 41455 S. The following products and services Sasabe Highway, Sasabe, AZ. are proposed for addition to SUMMARY: The Committee is proposing Customs and Border Protection, Vehicle Procurement List for production by the to add to the Procurement List products Maintenance Facility, 9480 W. Adams nonprofit agencies listed: and services to be furnished by Road, Eloy, AZ. nonprofit agencies employing persons Products Customs and Border Protection, Papago Farms, FR 21, Sells, AZ. who are blind or have other severe Cap, Patrol, Multi-Cam disabilities, and to delete a service Customs and Border Protection, Sonoita NSN: 8415–01–580–0091; previously provided by such agency. Checkpoint, Highway 83 MP 40.8, NSN: 8415–01–580–0097; Sonoita, AZ. Comments Must Be Received on or NSN: 8415–01–580–0109; Before: 6/21/2010. Customs and Border Protection, Willcox NSN: 8415–01–580–0113; Station Facilities, 200 W. Rex Allen Jr. ADDRESSES: Committee for Purchase NSN: 8415–01–580–0126; Road, Willcox, AZ. From People Who Are Blind or Severely NSN: 8415–01–580–0127; Customs and Border Protection, Willcox Disabled, Jefferson Plaza 2, Suite 10800, NSN: 8415–01–580–0128; Checkpoint, Highway 80 MP 313, NSN: 8415–01–580–0129; 1421 Jefferson Davis Highway, Willcox, AZ. Arlington, Virginia 22202–3259. NSN: 8415–01–580–0130; NSN: 8415–01–580–0132; Customs and Border Protection, Equestrian FOR FURTHER INFORMATION OR TO SUBMIT NSN: 8415–01–580–0133; Training, 3293 E. Kimsey Road, Willcox, COMMENTS CONTACT: Barry S. Lineback, NSN: 8415–01–580–0135; AZ. Telephone: (703) 603–7740, Fax: (703) NSN: 8415–01–580–0241; Customs and Border Protection, Willcox 603–0655, or e-mail NSN: 8415–01–580–0247. Highway 191 Checkpoint, Highway 191, [email protected]. NPA: Southeastern Kentucky Rehabilitation MP 41, Willcox, AZ. Industries, Inc., Corbin, KY. Customs and Border Protection, SUPPLEMENTARY INFORMATION: This Contracting Activity: Dept of the Army, XR Intelligence and Operations notice is published pursuant to 41 W2DF RDECOM ACQ CTR NATICK, Coordination Center, 2430 S. Swan Road, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Natick, MA. Tucson, AZ. purpose is to provide interested persons Coverage: C–List for 100% of the NPA: J.P. Industries, Inc., Tucson, AZ. an opportunity to submit comments on requirements of the Department of the Contracting Activity: Dept of Homeland the proposed actions. Army as aggregated by the XR W2DF Security, Bureau of Customs and Border RDECOM ACQ CTR NATICK. Protection, Office of Procurement, Additions NSN: 7510–01–411–7000—Portfolio, Clear Washington, DC. If the Committee approves the Front Report Cover. Service Type/Location: Laundry Service, NPA: Susquehanna Association for the Blind proposed additions, the entities of the Naval Hospital, 6000 West Hwy 98, and Visually Impaired, Lancaster, PA. Federal Government identified in this Pensacola, FL. Contracting Activity: Federal Acquisition notice will be required to procure the Service, GSA/FSS OFC SUP CTR—Paper NPA: Wiregrass Rehabilitation Center, Inc., products and services listed below from Products, New York, NY. Dothan, AL. nonprofit agencies employing persons Coverage: A–List for the total government Contracting Activity: Dept of the Navy, FISC who are blind or have other severe requirement as aggregated by the GSA/ Jacksonville, Jacksonville, FL. disabilities. FSS OFC SUP CTR—Paper Products. Service Type/Location: Laundry Service, NSN: MR 823—Food Chopper. Naval Hospital System, 2800 Child Regulatory Flexibility Act Certification NPA: Industries for the Blind, Inc., West Street, Jacksonville, FL. I certify that the following action will Allis, WI. NPA: GINFL Services, Inc., Jacksonville, FL. not have a significant impact on a Contracting Activity: Military Resale— Contracting Activity: Dept of the Navy, FISC substantial number of small entities. Defense Commissary Agency, Fort Lee, Jacksonville, Jacksonville, FL. VA. The major factors considered for this Service Type/Location: Food Service Coverage: C–List for 100% of the Attendants, CRTC Dining Facility, 1401 certification were: requirements for military resale through 1. If approved, the action will not Robert B. Miller Jr. Drive, Garden City, the Defense Commissary Agency. GA. result in any additional reporting, NSN: MR 824—Mandolin Slicer. NPA: Trace, Inc., Boise, ID. recordkeeping or other compliance NPA: Industries for the Blind, Inc., West Contracting Activity: Dept of The Air Force, Allis, WI. requirements for small entities other FA6643 HQ AFRES LGC, Robins AFB, Contracting Activity: Military Resale-Defense than the small organizations that will GA. Commissary Agency, Fort Lee, VA. furnish the products and services to the Service Type/Location: Recycling Services, Government. Coverage: C–List for 100% of the requirements for military resale through Joint Base Andrews Naval Air Facility, 2. If approved, the action will result Washington, DC. in authorizing small entities to furnish the Defense Commissary Agency. NSN: 9390–01–078–8660—Tape, Reflective. NPA: Melwood Horticulture Training Center, the products and services to the NPA: Bestwork Industries for the Blind, Inc., Upper Marlboro, MD. Government. Runnemede, NJ. Contracting Activity: Department of the Air 3. There are no known regulatory Contracting Activity: DEFENSE LOGISTICS Force, 316 Contracting Squadron, Joint alternatives which would accomplish AGENCY, DEFENSE SUPPLY CENTER Base Andrews Naval Air Facility, the objectives of the Javits-Wagner- PHILADELPHIA, PHILADELPHIA, PA. Washington, DC.

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Deletion Additions Ofc, Richmond, VA. Regulatory Flexibility Act Certification On 3/26/2010 (75 FR 14575–14576), Barry S. Lineback, Director, Business Operations. I certify that the following action will the Committee for Purchase From not have a significant impact on a People Who Are Blind or Severely [FR Doc. 2010–12220 Filed 5–20–10; 8:45 am] substantial number of small entities. Disabled published notices of proposed BILLING CODE 6353–01–P The major factors considered for this additions to the Procurement List. certification were: After consideration of the material 1. If approved, the action will not presented to it concerning capability of DEPARTMENT OF DEFENSE result in additional reporting, qualified nonprofit agencies to provide Office of the Secretary recordkeeping or other compliance the products and impact of the requirements for small entities. additions on the current or most recent Announcement of Federal Funding 2. If approved, the action may result contractors, the Committee has Opportunity (FFO) in authorizing small entities to provide determined that the products listed the service to the Government. below are suitable for procurement by AGENCY: Office of Economic Adjustment 3. There are no known regulatory the Federal Government under 41 U.S.C. (OEA), DoD. alternatives which would accomplish 46–48c and 41 CFR 51–2.4. ACTION: Notice. the objectives of the Javits-Wagner- Regulatory Flexibility Act Certification SUMMARY: This notice announces the O’Day Act (41 U.S.C. 46–48c) in opportunity to enter into a grant connection with the service proposed I certify that the following action will agreement with OEA for Brigade Basing for deletion from the Procurement List. not have a significant impact on a Remediation-Support for Public End of Certification substantial number of small entities. Entities. OEA is authorized by Section The major factors considered for this 8041 of the National Defense The following service is proposed for certification were: Authorization Act for Fiscal Year 2010, deletion from the Procurement List: 1. The action will not result in any Public Law 111–118, to provide up to Service additional reporting, recordkeeping or $40 million for public entities adversely Service Type/Location: Grounds other compliance requirements for small affected by the reversal of the decision Maintenance, National Advocacy Center, entities other than the small to locate a 5th brigade at Fort Stewart, 1620 Pendleton Street, Columbia, SC. organizations that will furnish the Georgia. Awards may be provided under NPA: The Genesis Center, Sumter, SC. products to the Government. this announcement directly to a state or Contracting Activity: Dept of Justice, Federal 2. The action will result in local government, a local education Prison System, Terminal Island, FCI, agency, or other public entity or to a Terminal Island, CA. authorizing small entities to furnish the products to the Government. public entity on behalf of other eligible Barry S. Lineback, public entities. 3. There are no known regulatory Director, Business Operations. DATES: Completed proposals must be alternatives which would accomplish [FR Doc. 2010–12219 Filed 5–20–10; 8:45 am] received by OEA within the solicitation the objectives of the Javits-Wagner- BILLING CODE 6353–01–P period which is not later than thirty (30) O’Day Act (41 U.S.C. 46–48c) in days after the date this announcement is connection with the products proposed published in the Federal Register. Any COMMITTEE FOR PURCHASE FROM for addition to the Procurement List. proposal received after this time will be PEOPLE WHO ARE BLIND OR End of Certification considered non-responsive and the SEVERELY DISABLED respondent will not be invited to make Accordingly, the following products a formal application for funding. OEA Procurement List Additions are added to the Procurement List: will invite the successful respondents to apply for funding under this AGENCY: Committee for Purchase From Products People Who Are Blind or Severely announcement following its review of Disabled. NSN: 1670–01–523–7246—LCADS Low Cost proposals and determination of eligible Container. respondents, which will occur ACTION: Additions to the Procurement NPA: Winston-Salem Industries for the subsequent to the solicitation period List. Blind, Winston-Salem, NC. identified above. Contracting Activity: DEPT OF THE ARMY, SUMMARY: This action adds to the ADDRESSES: All interested respondents XR W6BA ACA NATICK, Natick, MA. Procurement List products to be must submit a proposal within the Coverage: C–List for 30% of the government furnished by nonprofit agencies solicitation period identified above (see requirements for the DEPT OF THE employing persons who are blind or DATES). Proposals may be submitted to ARMY, ACA NATICK, Natick, MA. have other severe disabilities. OEA by email, hand delivery, facsimile, U.S. Mail, or private delivery service. DATES: Tape, Insulation, Electrical Effective Date: 6/21/2010. Send submissions to the Director, OEA, NSN: 5970–00–240–0617. ADDRESSES: Committee for Purchase by mail or hand delivery to 400 Army NSN: 5970–00–685–9059. From People Who Are Blind or Severely Navy Drive, Suite 200, Arlington, VA NSN: 5970–01–560–5355 . Disabled, Jefferson Plaza 2, Suite 10800, 22202–4704, by facsimile to OEA at NPA: Raleigh Lions Clinic for the Blind, Inc., 1421 Jefferson Davis Highway, 703–604–5460, or electronically to Arlington, Virginia 22202–3259. Raleigh, NC. Contracting Activity: Defense Logistics [email protected]. FOR FURTHER INFORMATION CONTACT: Agency, DES DSCR Contracting Services FOR FURTHER INFORMATION CONTACT: For Barry S. Lineback, Telephone: (703) Ofc, Richmond, VA. further information, contact: David F. 603–7740, Fax: (703) 603–0655, or e- Coverage: C–List for 100% of the government Witschi, Associate Director, OEA, mail [email protected]. requirements for the Defense Logistics telephone: (703) 604–6020, e-mail: SUPPLEMENTARY INFORMATION: Agency, DES DSCR Contracting Services [email protected].

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SUPPLEMENTARY INFORMATION: Federal 2007, announcement to station a 5th • Was successful and invite the Funding Opportunity Title: Brigade brigade at Fort Stewart, Georgia. successful respondent to apply through Basing Remediation—Support for Public Eligible activities are limited to a public entity designated by OEA to Entities. financial reimbursement for claims of serve as a single grant awardee for the Announcement Type: Federal expenses incurred by public entities due administrative convenience of OEA; Funding Opportunity. to the reversal of the decision to locate • Was unsuccessful and state the Catalog of Federal Domestic a 5th brigade at Fort Stewart, Georgia. reasons why; or Assistance (CFDA) Number: 12.600. IV. Application and Submission • Remains under consideration I. Funding Opportunity Description Information pending the receipt of additional information which OEA will identify. OEA, a DoD Field Activity, is The process requires each interested authorized by Section 8041 of the respondent to submit a proposal within VI. Award Administration Information National Defense Authorization Act for the solicitation period identified above 1. Award Notices—To the extent Fiscal Year 2010, Public Law 111–118, (see DATES and ADDRESSES). Each possible, successful applicants will be to provide Brigade Basing Remediation- proposal submitted should include a notified within fourteen (14) days of the Support for Public Entities. These funds cover or transmittal letter signed by the receipt at OEA of a complete grant are to mitigate adverse consequences Authorizing Official on behalf of the application whether or not they will experienced by public entities affected interested respondent. The text of the receive an award. Upon notification of by the reversal of the decision to locate proposal shall consist of no more than an award, applicants will receive an a 5th brigade at Fort Stewart, Georgia. 10 pages (single-sided) which must award agreement, signed by the Director Forty million dollars is made available include: under this notice. • A summary of the claim the of OEA on behalf of DoD. Awardees financial assistance will remediate; must review the award agreement and II. Award Information • Explanation of how the claim indicate their consent to its terms by OEA is accepting proposals for relates to the time period between the signing and returning it to OEA. Brigade Basing Remediation-Support for announcement of the basing decision 2. Administrative and National Policy Public Entities. OEA will invite one or (December 19, 2007) and its reversal Requirements—The Awardee, and any more successful respondents to enter (June 2, 2009); subawardee or consultant/contractor, into grant agreements following its • Documentation, such as formal operating under the terms of a grant review of proposals and determination meeting minutes, board resolutions, shall comply with all applicable of eligible respondents which will occur dated invoices, etc., supporting the Federal, state, and local laws including subsequent to the solicitation period respondent’s assertion that the claim is the following, where applicable: 32 CFR identified above. The amount of each due to the reversal of the brigade basing parts 21 thru 34, ‘‘Department of Defense award will be determined by OEA based decision; Grant and Agreement Regulations’’; on the relative merit of the proposal, • Documentation supporting the OMB Circulars A–87, ‘‘Cost Principles subject to the availability of funds under amount of expense to be remediated; for State and Local Governments’’ and this announcement. For administrative • Documentation that the Authorizing the revised A–133, ‘‘Audits of States, convenience, after the closing date of Official is authorized by the respondent Local Governments and Non-Profit this Announcement OEA reserves the to submit a proposal and subsequently Organizations’’; OMB Circular A–21, right to designate a public entity, which apply for assistance under this Notice; ‘‘Cost Principles for Educational otherwise need not be an eligible and Institutions’’; OMB Circular A–122, respondent, to serve as a single grant • A local point of contact. ‘‘Cost Principles for Non Profit awardee solely for the purpose of Proposals must be provided to the Organizations’’; and 2 CFR part 175, distribution of funds to successful Director, OEA (see ADDRESSES). ‘‘Award Term for Trafficking in respondents, who will be subawardees. Persons.’’ V. Application Review Information Such recipient may have its 3. Reporting—OEA requires interim administrative expenses paid from the 1. Selection Criteria—Upon validating performance reports and one final grant. To ultimately receive an award, the eligibility of the interested performance report for each award. The an eligible respondent must submit both respondent to apply for assistance, OEA performance reports will contain a successful proposal and an acceptable evaluates proposal content conforming information on the following: grant application. to this announcement as the basis for • A comparison of actual inviting a formal grant application. III. Eligibility Information accomplishments to the objectives 2. Review and Selection Process— established for the reporting period; Eligible respondents include a state; a Each proposal will be reviewed by a • Reasons for slippage if established regional or local government; an Indian panel of OEA staff, which may be objectives were not met; tribe; a board of education or other augmented by other Federal or non- • statutorily constituted local school Federal representatives, as to the Additional pertinent information authority having administrative control proposal’s individual merit and the when appropriate; • and direction of free public education in strength of supporting documentation. A comparison of actual and a county, township, independent school OEA will notify each respondent projected expenditures for the period; district, or other school district; or other subsequent to the solicitation period • The amount of awarded funds on public entity. identified above whether the hand at the beginning and end of the For the purpose of this respondent’s proposal: reporting period. announcement, ‘‘adversely affected by • Was successful and invite the The final performance report must the reversal of the decision to locate a successful respondent to submit a grant contain a summary of activities for the 5th brigade at Fort Stewart, Georgia’’ application directly to OEA. OEA will entire award period. An SF 425, means adversely affected by the June 2, assign a Project Manager to advise and ‘‘Financial Status Report,’’ must be 2009, announcement by the Department assist successful respondents in the submitted to OEA within ninety (90) of Defense to reverse the December 19, completion of the grant application; days after the end date of the award.

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OEA will provide a schedule for quality, recreation, and fish and 2. Scoping. The Omaha and Kansas reporting periods and report due dates wildlife. City Districts of the U.S. Army Corps of in the Award Agreement. ADDRESSES: Written comments should Engineers invites all interested entities including Tribal governments, Federal VII. Agency Contacts be sent to: Missouri River Authorized Purposes Study; Department of the agencies, state and local governments, For further information, to answer Army; Corps of Engineers, Omaha and the general public to comment on questions, or for help with problems, District; CENWO–PM–AA; 1616 Capitol the scope of the Missouri River contact: David F. Witschi, Associate Avenue; Omaha, NE 68102–4901. Authorized Purposes Study (MRAPS). Director, OEA, telephone: (703) 604– Comments can also be e-mailed to: The public scoping period began with 6020, e-mail: [email protected]. Comments on the publication of the NOI in the [email protected] or regular the scope of the Missouri River Federal Register (75 FR 19948) on April mail at 400 Army Navy Drive, Suite 200, Authorized Purposes Study must be 16, 2010 and will continue until Arlington, VA 22202–4704. postmarked, e-mailed, or otherwise September 20, 2010. All public scoping meetings will use VIII. Other Information submitted no later than September 20th, 2010. an open house format. Informational The OEA Internet address is FOR FURTHER INFORMATION CONTACT: For materials about the Missouri River http://www.oea.gov. further information and/or questions Authorized Purposes Study and the Dated: May 18, 2010. about the MRAPS, please contact Mr. eight authorized purposes will be located throughout the room for Mitchell S. Bryman, Mark Harberg, Project Manager, by telephone: (402) 995–2554, by mail: participant perusal throughout the Alternate OSD Federal Register Liaison evening. Corps representatives will be Officer, Department of Defense. 1616 Capitol Avenue, Omaha, NE available to meet one-on-one with [FR Doc. 2010–12307 Filed 5–20–10; 8:45 am] 68102–4901, or by e-mail: [email protected], or meeting participants. Written comments BILLING CODE 5001–06–P Lamar Mckissack, Project Manager, by will be collected on comment cards and telephone (816) 389–3115, by mail: 601 computer terminals, and a court reporter will be at the meeting for those who DEPARTMENT OF DEFENSE East 12th Street, Kansas City, MO 64106, or by e-mail: wish to make formal verbal comments. Department of the Army; Corps of [email protected]. For All forms of comment will be weighted Engineers inquiries from the media, please contact equally. Input from the scoping the USACE Omaha District Public meetings, along with comments Notice of Public Scoping Meetings for Affairs Officer (PAO), Mr. Paul Johnston received by other means (regular mail or the Missouri River Authorized by telephone: (402) 995–2416, by mail: e-mail), will be used to refine the scope Purposes Study, Missouri River Basin, 1616 Capitol Avenue, Omaha, NE of issues to be addressed by the United States 68102, or by e-mail: Missouri River Authorized Purposes [email protected]. Study. AGENCY: Department of the Army, U.S. SUPPLEMENTARY INFORMATION: As part of the scoping process, The Army Corps of Engineers, DoD. 1. Background. The 1944 Flood Corps has scheduled public meetings at ACTION: Notice of Public Scoping Control Act, as amended, and the following locations: Meetings. subsequent legislation have directed the 1. Tuesday, May 25: Mobridge, South USACE to allocate the River’s resources Dakota, Scherr Howe Arena, 212 N. SUMMARY: In the April 16, 2010 Federal among the authorized Missouri River Main St., Mobridge, SD 57601. Register (75 FR 19948), the U.S. Army project purposes; which are: Flood 2. Wednesday, May 26: Pierre, South Corps of Engineers (USACE) Omaha and control, navigation, irrigation, power, Dakota, AmericInn & Suites Conference Kansas City Districts announced in a water supply, water quality, recreation, Center, 312 Island Dr., Fort Pierre, SD Notice of Intent (NOI) that it will and fish and wildlife. 57532. prepare a comprehensive feasibility- Section 108 of the Energy and Water 3. Thursday, May 27: Rapid City, type report with an integrated Development Section of the FY09 South Dakota, Best Western Ramkota Environmental Impact Statement (EIS) Omnibus Appropriations Act provides Rapid City Hotel and Conference Center, for the Missouri River Authorized the USACE authorization to study the 2111 N. LaCrosse St., Rapid City, SD Purposes Study (MRAPS). The NOI did Missouri River projects located within 57701. not include specific details of the public the Missouri River Basin to review the 4. Tuesday, June 1: Jefferson City, scoping meetings. This notice original authorized project purposes to Missouri, Capitol Plaza Hotel & Conv announces the locations, dates, times, determine if changes to the project Ctr, 415 W. McCarty St., Jefferson City, and format of the public scoping purposes and existing Federal water MO 65101. meetings. resource infrastructure may be 5. Wednesday, June 2: Kansas City, Public Law 111–8 authorizes the warranted. The study authorized by Missouri, Kansas City Marriott Country USACE to review the original project Section 108 will be referred to as the Club Plaza, 4445 Main St., Kansas City, purposes within the Missouri River Missouri River Authorized Purposes MO 64111. Basin based on the Flood Control Act of Study (MRAPS). The MRAPS is a broad- 6. Thursday, June 3: St. Joseph, 1944, as amended, and other subsequent based multi-purpose study that is Missouri, Ramada St. Joseph, 4016 relevant legislation and judicial rulings anticipated to culminate in a Frederick Blvd., St. Joseph, MO 64506. to determine if changes to the comprehensive feasibility-type report 7. Tuesday, June 15: Fort Peck, authorized project purposes and with an integrated EIS. The MRAPS will Montana, Fort Peck Interpretive Center existing federal water resource be conducted in accordance with NEPA & Museum, Lower Yellowstone Rd., Fort infrastructure may be warranted. The and with the ‘‘Principles and Guidelines Peck, MT 59223. authorized Missouri River project for Water and Related Land Resource 8. Wednesday, June 16: Williston, purposes are: Flood control, navigation, Implementation Studies’’ (Water North Dakota, Williston Event Center, irrigation, power, water supply, water Resource Council, 1983). 3712 4th Ave W, Williston, ND 58801.

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9. Thursday, June 17: Bismarck, North Helena, 2301 Colonial Dr., Helena, MT [email protected] at least three days Dakota, Best Western Doublewood Inn, 59601. prior to the meeting you plan to attend. 1400 E. Interchange Ave., Bismarck, ND 28. Wednesday, Aug. 18: Billings, Persons who use a telecommunications 58501. Montana, Holiday Inn Hotel The Grand service for the deaf (TDD) may call the 10. Friday, June 18: Fargo, North Montana-Billings, 5500 Midland Rd., Federal Information Relay Service Dakota, Holiday Inn of Fargo, 3803 13th Billings, MT 59101. (FIRS) at (800) 877–8339, 24 hours a Ave. South, Fargo, ND 58103. 29. Thursday, Aug. 19: Thermopolis, day, seven days a week to relay this 11. Tuesday, June 22: Council Bluffs, Wyoming, Days Inn Thermopolis Hot same information. For more information Iowa, Mid-America Center, One Arena Springs Convention Center, 115 E. Park about the Missouri River Authorized Way, Council Bluffs, IA 51501. St., Thermopolis, WY 82443. Purposes Study, please visit 12. Wednesday, June 23: Nebraska 30. Friday, Aug. 20: Casper, Wyoming, www.mraps.org. City, Nebraska, Fraternal Order of Best Western Ramkota Hotel & Dated: May 14, 2010. Eagles, 600 1st Corso, Nebraska City, NE Conference Center, 800 N. Poplar, 68410. Casper, WY 82601. Kayla Eckert Uptmor, 13. Thursday, June 24: Lincoln, In addition to the above scoping Chief Planning Branch, Omaha District. Nebraska, Holiday Inn Hotel Lincoln- meetings, tribal focused scoping [FR Doc. 2010–12223 Filed 5–20–10; 8:45 am] Downtown, 141 N. 9th St., Lincoln, NE meetings will be held. Although tribal BILLING CODE 3720–58–P 68508. issues will be the emphasis of these 14. Wednesday, July 7: New Orleans, meetings, the general public is welcome Louisiana, Pontchartrain Center, 4545 to attend. All tribal focused scoping DEPARTMENT OF DEFENSE Williams Blvd., Kenner, LA 70065. meetings will be held from 11 a.m. to 1 Department of the Army; Corps of 15. Thursday, July 8: Memphis, p.m. The USACE has scheduled tribal Engineers Tennessee, Memphis Marriott East, 2625 focused scoping meetings at the Thousand Oaks Blvd., Memphis, TN following locations: Board on Coastal Engineering 38118. 1. Wednesday, May 26: Pierre, South Research 16. Friday, July 9: St. Louis, Missouri, Dakota, Wakpa Sica Historical Society, Doubletree Hotel St. Louis at Westport, 709 Ft. Chouteau Road, Fort Pierre, SD AGENCY: Department of the Army, DoD. 1973 Craigshire, St. Louis, MO 63146. 57532. ACTION: Notice of meeting. 17. Tuesday, July 13: Topeka, Kansas, 2. Thursday, May 27: Rapid City, Holiday Inn Holidome (Topeka West), South Dakota, South Dakota School of SUMMARY: In accordance with Section 605 SW Fairlawn Rd., Topeka, KS Mines and Technology, Bump Lounge, 10(a)(2) of the Federal Advisory 66606. 501 East Saint Street, Rapid City, SD Committee Act (Pub. L. 92–463), 18. Wednesday, July 14: Salina, 57701. announcement is made of the following Kansas, Ramada Conference Center, 3. Tuesday, June 15: Fort Peck, committee meeting: 1616 W. Crawford, Salina, KS 67401. Montana, Fort Peck State Fish Hatchery, Name of Committee: Board on Coastal 19. Thursday, July 15: Manhattan, PO Box 167, Fort Peck, MT 59223. Engineering Research. Kansas, Holiday Inn at the Campus, 4. Wednesday, June 16: Williston, Date of Meeting: June 22–24, 2010. 1641 Anderson Ave., Manhattan, KS North Dakota, Williston College Alumni Place: Hudson Ballroom, Hyatt 66502. Center, 1410 University Avenue, Regency Jersey City on the Hudson, 2 20. Tuesday, July 27: Rock Island, Williston, ND 58801. Exchange Place, Jersey City, NJ 07302. Illinois, Holiday Inn Hotel & Conference 5. Thursday, June 17: Bismarck, North Time: Center, 226 17th St., Rock Island, IL Dakota, United Tribes Technical 8 a.m. to 5 p.m. (June 22, 2010). 61201. College, Wellness Center, 3315 8 a.m. to 3:15 p.m. (June 23, 2010). 21. Wednesday, July 28: Des Moines, University Drive, Bismarck, ND 58504. 8 a.m. to 12 p.m. (June 24, 2010). Iowa, Holiday Inn Hotel Des Moines- 6. Friday, June 18: Fargo, North FOR FURTHER INFORMATION CONTACT: Airport/Conference Center, 6111 Fleur Dakota, North Dakota State University Inquiries and notice of intent to attend Dr., Des Moines, IA 50321. Alumni Center, 1241 North, University the meeting may be addressed to COL 22. Thursday, July 29: Sioux City, Drive, Box 5144, Fargo, ND 58104. Iowa, Stoney Creek Inn & Conference 7. Tuesday, July 13: Lawrence, Gary E. Johnston, Executive Secretary, Center, 300 3rd St., Sioux City, IA Kansas, Haskell Indian National U.S. Army Engineer Research and 51101. University, 155 East Indian Avenue, Development Center, Waterways 23. Friday, July 30: Yankton, South Lawrence, KS 66046. Experiment Station, 3909 Halls Ferry Dakota, Riverfront Event Center, 121 W. 8. Friday, July 30: Vermillion, South Road, Vicksburg, MS 39180–6199. 3rd St. (3rd and Walnut), Yankton, SD Dakota, University of South Dakota SUPPLEMENTARY INFORMATION: 57078. Native American Cultural Center, 414 E The Board provides broad policy 24. Tuesday, Aug. 3: Cheyenne, Clark, Vermillion, SD 57069. guidance and review of plans and fund Wyoming, Holiday Inn Cheyenne I–80, 9. Tuesday, August 17: Helena, requirements for the conduct of research 204 West Fox Farm Rd., Cheyenne, WY Montana, Montana’s Museum, PO Box and development of research projects in 82007. 201201, 225 North Roberts, Helena, MT consonance with the needs of the 25. Wednesday, Aug. 4: North Platte, 59620–1201. coastal engineering field and the Nebraska, Sandhills Convention Center 10. Wednesday, August 18: Billings, objectives of the Chief of Engineers. at Quality Inn & Suites, 2102 South Montana State University Billings, 1500 Proposed Agenda: The goal of the Jeffers, North Platte, NE 69101. University Drive, Billings, MT 57101. meeting is to explore and provide 26. Thursday, Aug. 5: Denver, 11. Thursday, August 19: Central recommendations regarding the Colorado, Doubletree Hotel Denver- Wyoming College, 2660 Peck Avenue, implications of projected Climate Southeast, 13696 East Iliff Place, Riverton, WY 82501. Change scenarios to U.S. Army Corps of Aurora, CO 80014. If you require assistance under the Engineers (USACE) mission, assets, and 27. Tuesday, Aug. 17: Helena, Americans for Disabilities Act please responsibilities in the coastal and Montana, Red Lion Colonial Hotel- send your name and phone via e-mail to estuarine system. Panel presentations

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dealing with the Science of Climate since seating capacity is limited, Washington, DC 20202 or by e-mail: Change on Tuesday morning, June 22, advance notice of attendance is [email protected]. will include Is Sea Level Accelerating required. Oral participation by public If you use a telecommunications along U.S. Coastlines?, Past and Present attendees is encouraged during the time device for the deaf, call the Federal Sea-Level Changes along the U.S. scheduled on the agenda; written Relay Service, toll free, at 1–800–877– Atlantic Coast, Atlantic Region Coastal statements may be submitted prior to 8339. Storms, Overview of Climatic Variation the meeting or up to 30 days after the Electronic Access to This Document: Effects on Extratropical and Tropical meeting. You can view this document, as well as Storms, Evidence for a Changing North all other documents of this Department Gary E. Johnston, Pacific Wave Climate as a Result of published in the Federal Register, in Global Climate Change, Coastal Change Colonel, Corps of Engineers, Executive text or Adobe Portable Document Secretary. and Vulnerability: Sea-Level Rise and Format (PDF) on the Internet at the other Climate Change Effects, Declining [FR Doc. 2010–12225 Filed 5–20–10; 8:45 am] following site: www.ed.gov/news/ Arctic Ice Cover and Its Impacts, and BILLING CODE 3720–58–P fedregister. To use PDF you must have Coastal Wetlands Ecological Impacts. Adobe Acrobat Reader, which is The afternoon session begins with a available free at this site. Keynote address from the Assistant DEPARTMENT OF EDUCATION Note: The official version of this document Secretary of the Army for Civil Works [CFDA Number 84.295A] is the document published in the Federal entitled ‘‘New Initiatives within the Register. Free Internet access to the official Current Administration.’’ Panel Ready-to-Learn Television Program edition of the Federal Register and the Code presentations follow from the Federal of Federal Regulations is available on GPO Emergency Management Agency, the AGENCY: Office of Innovation and Access at: www.gpoaccess.gov/nara/ National Oceanic and Atmospheric Improvement, Department of Education. index.html. Administration’s National Climate ACTION: Notice inviting applications for Dated: May 18, 2010. Service, and the Department of new awards for fiscal year (FY) 2010; Transportation Committee on Marine Correction. James H. Shelton, III, Transportation System dealing with the Assistant Deputy Secretary for Innovation and Impacts of Climate Change. Panel SUMMARY: On March 22, 2010, we Improvement. presentations also include Marine and published in the Federal Register (75 [FR Doc. 2010–12308 Filed 5–21–10; 8:45 am] Coastal Ecosystems: Adaptation in the FR 13515) a notice inviting applications BILLING CODE 4000–01–P Age of Climate Change, Developing the for new awards for FY 2010 for the Corps Adaptation Strategy to Climate Ready-to-Learn Television Program. We Change, Science and Technology have extended the deadline for ELECTION ASSISTANCE COMMISSION Implications of Climate Change to transmittal of applications and removed USACE, and a presentation on the the paragraph on maximum award Sunshine Act Notice Strategic Environmental Research and amount. Development Program. AGENCY: Election Assistance SUPPLEMENTARY INFORMATION: This The presentations on Wednesday Commission. notice extends the deadline for morning, June 23, 2010, include an ACTION: Notice of Public Meeting transmittal of applications and Overview of State Climate Change Agenda. eliminates the maximum award amount Policies and Actions, and panel DATE & TIME: Thursday, May 27, 2010: presentations pertaining to Regional originally established for applicants by removing the paragraph that establishes 10 a.m.–12 p.m. EDT (Morning Session). Government Perspectives from the 1–3 p.m. EDT (Afternoon Session). States of New Jersey, New York, a maximum award amount. We are PLACE: U.S. Election Assistance Connecticut, Rhode Island, and taking this action because the maximum Commission, 1225 New York Ave, NW., Massachusetts, and panel presentations award amount was established as the Suite 150, Washington, DC 20005 (Metro pertaining to Regional Specific Studies result of an administrative error and Stop: Metro Center). that include the Delaware Bay Region, unduly restricts applicant flexibility. Climate Change and the Chesapeake These changes affect three pages of the AGENDA: The Commission will hold a Bay, and Adapting to Climate Change March 22nd notice, as follows: public meeting to consider and vote on Challenges—Learning from the New Correction a Maintenance of Expenditure (MOE) York City Experience. Wednesday policy. Commissioners will hold a afternoon presentations include (1) On page 13515, in the first discussion on the following three topics: Division Climate Change Research column, after the words Deadline for A discussion on a clearinghouse policy; Needs from the South Pacific, Transmittal of Applications, replace the a discussion on the process for updating ‘‘ ’’ ‘‘ Northwestern, South Atlantic, North date May 21, 2010 with the date June the National Voter Registration Act ’’ Atlantic, and Great Lakes and Ohio 22, 2010. (NVRA) regulations; and a discussion on River Divisions. A Harbor Inspection (2) On page 13517, in the third Election Management Guidelines (EMG) will conclude the day. column, the Maximum Award chapters on accessibility, election office The Board will meet in Executive paragraph is removed. administration, and technology in Session to discuss ongoing initiatives (3) On page 13518, in the second elections. Commissioners will consider and actions on Thursday morning, June column, after the words Deadline for other administrative matters. 24. Transmittal of Applications, replace the Members of the public may observe These meetings are open to the date ‘‘May 21, 2010’’ with the date ‘‘June but not participate in EAC meetings public. Participation by the public is 22, 2010.’’ unless this notice provides otherwise. scheduled for 2 p.m. on Wednesday, FOR FURTHER INFORMATION CONTACT: The Members of the public may use small June 23. Ready-to-Learn Television Program, electronic audio recording devices to The entire meeting and harbor U.S. Department of Education, 400 record the proceedings. The use of other inspection are open to the public, but Maryland Avenue, SW., Room 4W414, recording equipment and cameras

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requires advance notice to and k. Description of Request: The City of comments within the time specified for coordination with the Commission’s Idaho Falls, dba Idaho Falls Power, filed filing comments, it will be presumed to Communications Office.* an application seeking Commission have no comments. One copy of an * View EAC Regulations Implementing authorization to permit the construction agency’s comments must also be sent to Government in the Sunshine Act. of a new substation on a parcel of land the Applicant’s representatives. that is owned by the U.S. Bureau of This meeting and hearing will be open Land Management, but has been turned Kimberly D. Bose, to the public. over to the project licensee for Secretary. PERSON TO CONTACT FOR INFORMATION: management purposes. The application [FR Doc. 2010–12236 Filed 5–20–10; 8:45 am] Bryan Whitener, Telephone: (202) 566– is for a substation and the associated BILLING CODE 6717–01–P 3100. transmission line. The filing includes Alice Miller, maps, a description of the areas to be impacted by construction of the DEPARTMENT OF ENERGY Chief Operating Officer, U.S. Election substation and associated facilities, Assistance Commission. Federal Energy Regulatory aerial photographs, and public meeting [FR Doc. 2010–12332 Filed 5–19–10; 11:15 am] Commission information. BILLING CODE 6820–KF–P l. Locations of the Filing: A copy of [Project No. 1984–177] the filing is available for inspection and reproduction at the Commission’s Wisconsin Power River Company; DEPARTMENT OF ENERGY Public Reference Room, located at 888 Notice of Application for Amendment First Street, NE., Room 2A, Washington, of License and Soliciting Comments, Federal Energy Regulatory DC 20426, or by calling (202) 502–8371. Motions To Intervene, and Protests Commission This filing may also be viewed on the May 14, 2010. [Project No. 2842–041] Commission’s Web site at http:// www.ferc.gov using the ‘‘eLibrary’’ link. a. Type of Application: Non-project City of Idaho Falls; Notice of Enter the docket number excluding the use of project lands and waters. Application for Amendment of License last three digits in the docket number b. Project Number: 1984–177. and Soliciting Comments, Motions To field to access the document. You may c. Date Filed: November 16, 2009, Intervene, and Protests also register online at http:// February 10, 2010. www.ferc.gov/docs-filing/ d. Applicant: Wisconsin Power River May 14, 2010. esubscription.asp to be notified via e- Company. a. Type of Application: Non-project mail of new filings and issuances e. Name of Project: Petenwell and use of project lands and waters. related to this or other pending projects. Castle Rock Project. b. Project Number: 2842–041. For assistance, call 1–866–208–3676 or f. Location: The proposed non-project c. Date Filed: August 3, 2009, January e-mail [email protected], use is in Adam County, Wisconsin. 19, 2010, March 31, 2010. for TTY, call (202) 502–8659. g. Filed Pursuant to: Federal Power d. Applicant: City of Idaho Falls. m. Individuals desiring to be included Act, 16 U.S.C. 791a–825r. e. Name of Project: Idaho Falls on the Commission’s mailing list should h. Applicant Contact: Mr. Shawn Hydroelectric Project. so indicate by writing to the Secretary Puzen, Wisconsin Power River f. Location: The proposed non-project of the Commission. Company, P.O. Box 19001, Green Bay, use is in Idaho Falls, Idaho. n. Comments, Protests, or Motions to Wisconsin 54307, (920) 433–1094. g. Filed Pursuant to: Federal Power Intervene: Anyone may submit i. FERC Contact: Jade Alvey at (202) Act, 16 U.S.C. 791a–825r. comments, a protest, or a motion to 502–6864 or [email protected]. h. Applicant Contact: Mr. Richard intervene in accordance with the j. Deadline for filing comments: June Malloy, Compliance Manager, Idaho requirements of Rules of Practice and 14, 2010. Falls Power, P.O. Box 50220, Idaho Procedure, 18 CFR 385.210, .211, .214. Comments may be filed electronically Falls, Idaho 83404, (208) 612–8428. In determining the appropriate action to via the Internet, see 18 CFR i. FERC Contact: Jade Alvey at (202) take, the Commission will consider all 385.2001(a)(1)(iii) and the instructions 502–6864 or [email protected]. protests or other comments filed, but on the Commission’s Web site at j. Deadline for Filing Comments: June only those who file a motion to http://www.ferc.gov under the ‘‘e-filing’’ 14, 2010. intervene in accordance with the link. If unable to be filed electronically, Comments may be filed electronically Commission’s Rules may become a documents may be paper-filed. To via the Internet, see 18 CFR 385.2001 party to the proceeding. Any comments, paper-file, an original and eight copies (a)(1)(iii) and the instructions on the protests, or motions to intervene must should be mailed to: The Secretary, Commission’s Web site at http:// be received on or before the specified Federal Energy Regulatory Commission, www.ferc.gov under the ‘‘e-filing’’ link. If comment date for the particular 888 First Street, NE., Washington, DC unable to be filed electronically, application. 20426. For more information on how to documents may be paper-filed. To o. Any filings must bear in all capital submit these types of filings, please go paper-file, an original and eight copies letters the title ‘‘COMMENTS’’, to the Commission’s Web site located at should be mailed to: The Secretary, ‘‘PROTEST’’, or ‘‘MOTION TO http://www.ferc.gov.filing- Federal Energy Regulatory Commission, INTERVENE’’, as applicable, and the comments.asp. 888 First Street, NE., Washington, DC Project Number of the particular Please include the project number (P– 20426. For more information on how to application to which the filing refers. 1984–177) on any comments. submit these types of filings, please go p. Agency Comments: Federal, State, k. Description of Request: The to the Commission’s Web site located at and local agencies are invited to file Wisconsin River Power Company filed http://www.ferc.gov.filing- comments on the described application. an application seeking Commission comments.asp. A copy of the application may be authorization for the approval of an Please include the project number (P– obtained by agencies directly from the existing marina exceeding ten boat slips, 2842–041) on any comments. Applicant. If an agency does not file and approval of upgrades to the existing

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marina. The marina is located on project DEPARTMENT OF ENERGY http://www.ferc.gov/docs-filing/ lands. The filing includes elibrary.asp. Enter the docket number documentation of consultation, a Federal Energy Regulatory (P–12704) in the docket number field to description of the areas impacted by the Commission access the document. For assistance, marina facilities, maps, and [Project No. 12704–004] call toll-free 1–866–208–3372. photographs. Kimberly D. Bose, l. Locations of the Filing: A copy of Tidewalker Associates; Notice of the filing is available for inspection and Preliminary Permit Application Secretary. reproduction at the Commission’s Accepted For Filing and Soliciting [FR Doc. 2010–12242 Filed 5–20–10; 8:45 am] Public Reference Room, located at 888 Comments, Motions To Intervene, and BILLING CODE 6717–01–P First Street, NE., Room 2A, Washington, Competing Applications DC 20426, or by calling (202) 502–8371. This filing may also be viewed on the May 17, 2010. DEPARTMENT OF ENERGY Commission’s Web site at http:// On April 12, 2010, Tidewalker www.ferc.gov using the ‘‘eLibrary’’ link. Associates filed a successive Federal Energy Regulatory Enter the docket number excluding the preliminary permit application, Commission last three digits in the docket number pursuant to section 4(f) of the Federal field to access the document. You may Power Act (FPA), proposing to study the [Project No. 13680–000] also register online at http:// feasibility of the Half-Moon Cove Tidal www.ferc.gov/docs-filing/ Power Project, to be located in Cobscook Bryant Mountain LLC; Notice of esubscription.asp to be notified via e- and Passamaquoddy Bay, Washington Preliminary Permit Application mail of new filings and issuances County, Maine. Accepted for Filing and Soliciting related to this or other pending projects. The proposed project would consist Comments, Motions To Intervene, and For assistance, call 1–866–208–3676 or of: (1) A new 1,200-foot-long rock-filled Competing Applications barrage with a crest elevation of e-mail [email protected], May 17, 2010. for TTY, call (202) 502–8659. approximately 27 feet above mean sea m. Individuals desiring to be included level (msl); (2) a new 30-foot-wide, 15- On March 1, 2010, Bryant Mountain on the Commission’s mailing list should foot-high filling and emptying gated LLC filed an application for a so indicate by writing to the Secretary section; (3) the 850-acre Half-Moon preliminary permit, pursuant to section of the Commission. Cove with a surface elevation of 13.0 4(f) of the Federal Power Act, proposing n. Comments, Protests, or Motions to feet above msl; (4) a new powerhouse to study the feasibility of the Bryant Intervene: Anyone may submit with four turbine generating units with Mountain Hydroelectric Pumped comments, a protest, or a motion to a total capacity of 9.0 megawatts; and (5) Storage Project. The sole purpose of a intervene in accordance with the a new 34.5 kilovolt, 7.1-mile-long preliminary permit, if issued, is to grant requirements of Rules of Practice and transmission line. The project would the permit holder priority to file a Procedure, 18 CFR 385.210, .211, .214. produce an estimated average annual license application during the permit In determining the appropriate action to generation of about 45,000 megawatt- term. A preliminary permit does not take, the Commission will consider all hours. authorize the permit holder to perform protests or other comments filed, but Applicant Contact: Normand Laberge, any land-disturbing activities or only those who file a motion to Tidewalker Associates, 46 Place Cove otherwise enter upon lands or waters intervene in accordance with the Road, Trescott, Maine 04652, 207–733– owned by others without the owners’ Commission’s Rules may become a 5513. express permission. FERC Contact: Tom Dean, 202–502– party to the proceeding. Any comments, The proposed project would consist of 6041. protests, or motions to intervene must the following developments: be received on or before the specified Deadline for filing comments, motions comment date for the particular to intervene, competing applications Upper Reservoir (without notices of intent), or notices of application. (1) An enlargement of the existing o. Any filings must bear in all capital intent to file competing applications: 60 Pope Reservoir having a surface area of letters the title ‘‘COMMENTS’’, days from the issuance of this notice. 550 acres and a storage capacity of ‘‘PROTEST’’, or ‘‘MOTION TO Comments, motions to intervene, 60,00075 acre-feet and normal water INTERVENE’’, as applicable, and the notices of intent, competing surface elevation of 5500 feet mean sea Project Number of the particular applications may be filed electronically level; (2) an earthen dam approximately application to which the filing refers. via the Internet. See 18 CFR 4,000 feet long and 310 feet high at its p. Agency Comments: Federal, State, 385.2001(a)(1)(iii) and the instructions maximum section; (3) an overflow and local agencies are invited to file on the Commission’s Web site under spillway and outlet facility to release comments on the described application. ‘‘eFiling’’ link. If unable to be filed water into the stream below the dam; A copy of the application may be electronically, documents may be paper- and (4) intake facilities for the power obtained by agencies directly from the filed. To paper-file, an original and eight tunnel with facilities to store additional Applicant. If an agency does not file copies should be mailed to: Kimberly D. water to provide black start capability. comments within the time specified for Bose, Secretary, Federal Energy filing comments, it will be presumed to Regulatory Commission, 888 First Lower Reservoir have no comments. One copy of an Street, NE., Washington, DC 20426. For agency’s comments must also be sent to more information on how to submit (1) Will have a surface area of 1,480 the Applicant’s representatives. these types of filings please go to the acres and a storage capacity of 110,000 Commission’s Web site located at http: acre-feet and normal water surface Kimberly D. Bose, //www.ferc.gov/filing-comments.asp. elevation of 4,220 feet mean sea level; Secretary. More information about this project can (2) an earthen dam approximately [FR Doc. 2010–12238 Filed 5–20–10; 8:45 am] be viewed or printed on the ‘‘eLibrary’’ 21,500 feet long and 135 feet high at its BILLING CODE 6717–01–P link of the Commission’s Web site at maximum section.

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Powerhouse DEPARTMENT OF ENERGY Deadline for filing comments, motions to intervene, competing applications (1) A partial or entirely subterranean Federal Energy Regulatory (without notices of intent), or notices of structure adjacent to the lower reservoir; Commission intent to file competing applications: 60 and (2) will contain five 250 MW pump- days from the issuance of this notice. turbine units. [Project No. 12687–003] Competing applications and notices of intent must meet the requirements of 18 Power Tunnels Public Utility District No. 1 of CFR 4.36. Comments, motions to Snohomish County; Notice of (1) A low pressure power tunnel; (2) intervene, notices of intent, and Preliminary Permit Application a surge shaft; (3) a power shaft; and (4) competing applications may be filed Accepted for Filing and Soliciting and a high pressure tunnel. electronically via the Internet. See 18 Comments, Motions To Intervene, and CFR 385.2001(a)(1)(iii) and the Transmission Lines Competing Applications instructions on the Commission’s Web (1) 230 kV or 550 kV transmission May 14, 2010. site (http://www.ferc.gov/docs-filing/ lines with interconnect with the Pacific On March 2, 2010, and supplemented ferconline.asp) under the ‘‘eFiling’’ link. Northwest—California Intertie at the on April 29, 2010, and May 4, 2010, For a simpler method of submitting text Main Substation. Public Utility District No. 1 of only comments, click on ‘‘Quick Comment.’’ For assistance, please Applicant Contact: David W. O’Keefe, Snohomish County, Washington contact FERC Online Support at Project Manager, 1325 Gwinn Street E., (Snohomish PUD) filed an application [email protected]; call toll- Monmouth, OR 97361–1575 (503) 606– for a preliminary permit, pursuant to free at (866) 208–3676; or, for TTY, 0347. section 4(f) of the Federal Power Act, proposing to study the feasibility of the contact (202) 502–8659. Although the FERC Contact: Kelly Wolcott, 202– Deception Pass Tidal Energy Project Commission strongly encourages 502–6480. (project). The project would be located electronic filing, documents may also be Deadline for filing comments, motions in Puget Sound within Deception Pass, paper-filed. To paper-file, mail an to intervene, competing applications between Whidbey Island and Fidalgo original and eight copies to: Kimberly D. (without notices of intent), or notices of Island, in Skagit and Island Counties, Bose, Secretary, Federal Energy intent to file competing applications: 60 Washington. The sole purpose of a Regulatory Commission, 888 First days from the issuance of this notice. preliminary permit, if issued, is to grant Street, NE., Washington, DC 20426. Competing applications and notices of the permit holder priority to file a More information about this project, intent must meet the requirements of 18 license application during the permit including a copy of the application, can CFR 4.36. Comments, motions to term. A preliminary permit does not be viewed or printed on the ‘‘eLibrary’’ intervene, notices of intent, and authorize the permit holder to perform link of Commission’s Web site at competing applications may be filed any land-disturbing activities or http://www.ferc.gov/docs-filing/ electronically via the Internet. See 18 otherwise enter upon lands or waters elibrary.asp. Enter the docket number CFR 385.2001(a)(1)(iii) and the owned by others without the owners’ (P–12687) in the docket number field to instructions on the Commission’s Web express permission. access the document. For assistance, site (http://www.ferc.gov/docs-filing/ The proposed project would consist of contact FERC Online Support. ferconline.asp) under the ‘‘eFiling’’ link. the following: (1) Four approximately Kimberly D. Bose, For a simpler method of submitting text 66-foot-diameter, 1.6-megawatt Secretary. only comments, click on ‘‘Quick horizontal axis tidal energy turbine/ [FR Doc. 2010–12239 Filed 5–20–10; 8:45 am] Comment.’’ For assistance, please generator units, each mounted contact FERC Online Support at approximately 25 feet above the sea bed; BILLING CODE 6717–01–P [email protected]; call toll- (2) an approximately 1-mile-long subsea free at (866) 208–3676; or, for TTY, transmission cable, which may be DEPARTMENT OF ENERGY contact (202) 502–8659. Although the buried as it approaches shore at Miller Commission strongly encourages Bay; (3) a cable termination vault on Federal Energy Regulatory electronic filing, documents may also be shore; (4) either an approximately 6.5- Commission paper-filed. To paper-file, mail an mile long above ground transmission original and eight copies to: Kimberly D. line connecting with Puget Sound [Project No. 2354–109] Bose, Secretary, Federal Energy Energy’s existing March Point Georgia Power Company; Notice of Regulatory Commission, 888 First substation, or an above ground Application for Amendment of License Street, NE., Washington, DC 20426. transmission line and new substation and Soliciting Comments, Motions To More information about this project, connecting with an existing 115-kilovolt Intervene, and Protests including a copy of the application, can line, the location of which is yet to be be viewed or printed on the ‘‘eLibrary’’ determined; and (5) appurtenant May 14, 2010. link of Commission’s Web site at http:// facilities. The project is estimated to Take notice that the following www.ferc.gov/docs-filing/elibrary.asp. have average annual generation of 20.7 hydroelectric application has been filed Enter the docket number (P–13680) in gigawatt-hours, which would be with the Commission and is available the docket number field to access the distributed by the Snohomish PUD. for public inspection: document. For assistance, contact FERC Applicant Contact: Steven J. Klein, a. Type of Application: Request to Online Support. General Manager, Public Utility District remove lands from the project No. 1 of Snohomish County, P.O. Box boundary. Kimberly D. Bose, 1107, 2320 California Street, Everett, b. Project No: 2354–109. Secretary. WA 98206–1107, phone: (425) 783– c. Date Filed: March 23, 2010, [FR Doc. 2010–12241 Filed 5–20–10; 8:45 am] 1000. supplemented May 7, 2010. BILLING CODE 6717–01–P FERC Contact: Jennifer Harper, 202– d. Applicant: Georgia Power 502–6136. Company.

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e. Name of Project: North Georgia l. Locations of the Application: A DEPARTMENT OF ENERGY Hydroelectric Project. copy of the application is available for f. Location: The project is located in inspection and reproduction at the Federal Energy Regulatory the Savannah River System, on the Commission’s Public Reference Room, Commission Tallulah, Chattooga, and Tugalo Rivers located at 888 First Street, NE., Room [Docket No. CP10–427–000] in Rabun, Habersham, and Stephens 2A, Washington, DC 20426, or by calling Counties, Georgia, and Oconee County, (202) 502–8371. This filing may also be Williston Basin Interstate Pipeline South Carolina. The lands proposed for viewed on the Commission’s Web site at Company; Notice of Application removal from the project boundary are http://www.ferc.gov using the ‘‘eLibrary’’ May 17, 2010. located on the project’s Tallulah Falls link. Enter the docket number excluding On May 11, 2010, Williston Basin development in Rabun County, Georgia. the last three digits (P–2354) in the g. Pursuant to: Federal Power Act, 16 Interstate Pipeline Company (Williston docket number field to access the Basin) filed with the Federal Energy U.S.C. 791a–825r. document. You may also register online h. Applicant Contact: Joseph Charles, Regulatory Commission (Commission) at http://www.ferc.gov/docs-filing/ an application under section 7(b) of the Hydro License Coordinator, Georgia esubscription.asp to be notified via e- Power Company, Bin 10151, 241 Ralph Natural Gas Act and section 157.18 of mail of new filings and issuances the Commission’s Regulations for McGill Boulevard NE., Atlanta, GA related to this or other pending projects. authority to abandon in place certain 30308–3374; telephone: (404) 506–2337. For assistance, call 1–866–208–3676 or natural gas compressor units and i. FERC Contact: Any questions on e-mail [email protected], appurtenant facilities at its Elk Basin this notice should be addressed to Mr. for TTY, call (202) 502–8659. A copy is Compressor Station located in Park Christopher Yeakel at (202) 502–8132, also available for inspection and County, Wyoming, as more fully or e-mail address: reproduction at the address in item (h) detailed in the Application. [email protected]. above. Questions concerning this application j. Deadline for filing comments and or may be directed to Keith A. Tiggelaar, motions: June 14, 2010. m. Individuals desiring to be included on the Commission’s mailing list should Director of Regulatory Affairs for Comments, protests, and Williston Basin, 1250 West Century interventions may be filed electronically so indicate by writing to the Secretary of the Commission. Avenue, Bismarck, North Dakota 58503, via the Internet in lieu of paper. See 18 or by calling 701–530–1560 or by e- CFR 385.2001(a)(1)(iii) and the n. Comments, Protests, or Motions To mailing [email protected]. instructions on the Commission’s Web Intervene: Anyone may submit Pursuant to section 157.9 of the site (http://www.ferc.gov) under the ‘‘e- comments, a protest, or a motion to Commission’s rules, 18 CFR 157.9, filing’’ link. The Commission strongly intervene in accordance with the within 90 days of this Notice the encourages electronic filings. requirements of Rules of Practice and Commission staff will either: Complete All documents (original and eight Procedure, 18 CFR 385.210, .211, .214. its environmental assessment (EA) and copies) filed by paper should be sent to: In determining the appropriate action to place it into the Commission’s public Secretary, Federal Energy Regulatory take, the Commission will consider all record (eLibrary) for this proceeding; or Commission, 888 First Street, NE., protests or other comments filed, but issue a Notice of Schedule for Washington, DC 20426. Please include only those who file a motion to Environmental Review. If a Notice of the project number (P–2354–109) on any intervene in accordance with the Schedule for Environmental Review is comments or motions filed. Commission’s Rules may become a issued, it will indicate, among other The Commission’s Rules of Practice party to the proceeding. Any comments, milestones, the anticipated date for the and Procedure require all interveners protests, or motions to intervene must Commission staff’s issuance of the final filing documents with the Commission be received on or before the specified environmental impact statement (FEIS) to serve a copy of that document on comment date for the particular or EA for this proposal. The filing of the each person whose name appears on the application. EA in the Commission’s public record official service list for the project. o. Any filings must bear in all capital for this proceeding or the issuance of a Further, if an intervener files comments letters the title ‘‘COMMENTS’’, Notice of Schedule for Environmental or documents with the Commission ‘‘PROTEST’’, or ‘‘MOTION TO Review will serve to notify federal and relating to the merits of an issue that INTERVENE’’, as applicable, and the state agencies of the timing for the may affect the responsibilities of a Project Number of the particular completion of all necessary reviews, and particular resource agency, they must the subsequent need to complete all application to which the filing refers. also serve a copy of the document on federal authorizations within 90 days of that resource agency. A copy of any p. Agency Comments: Federal, State, the date of issuance of the Commission motion to intervene must also be served and local agencies are invited to file staff’s FEIS or EA. upon each representative of the comments on the described application. There are two ways to become Applicant specified in the particular A copy of the application may be involved in the Commission’s review of application. obtained by agencies directly from the this project. First, any person wishing to k. Description of Application: The Applicant. If an agency does not file obtain legal status by becoming a party licensee proposes to remove 4.26 acres comments within the time specified for to the proceedings for this project of land and an existing building from filing comments, it will be presumed to should, on or before the comment date the project boundary to enable the have no comments. One copy of an stated below, file with the Federal donation of the parcel to the Rabun agency’s comments must also be sent to Energy Regulatory Commission, 888 County Convention and Visitors Bureau the Applicant’s representatives. First Street, NE., Washington, DC 20426, Authority, who would use the building a motion to intervene in accordance and parcel for a Creative Economies Kimberly D. Bose, with the requirements of the Center that includes retail space, visitor Secretary. Commission’s Rules of Practice and information, and permanent and [FR Doc. 2010–12237 Filed 5–20–10; 8:45 am] Procedure (18 CFR 385.214 or 385.211) rotating exhibitions. BILLING CODE 6717–01–P and the Regulations under the NGA (18

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CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern time status will be placed on the service list on Thursday, May 20, 2010. Federal Energy Regulatory maintained by the Secretary of the Kimberly D. Bose, Commission and will receive copies of Commission Secretary. all documents filed by the applicant and [FR Doc. 2010–12232 Filed 5–20–10; 8:45 am] by all other parties. A party must submit [Docket No. PR10–16–002] 14 copies of filings made with the BILLING CODE 6717–01–P Commission and must mail a copy to Acacia Natural Gas Corporation; Notice of Baseline Filing the applicant and to every other party in DEPARTMENT OF ENERGY the proceeding. Only parties to the May 13, 2010. proceeding can ask for court review of Federal Energy Regulatory Commission orders in the proceeding. Take notice that on May 11, 2010, Commission Acacia Natural Gas Corporation (Acacia) However, a person does not have to submitted a corrected baseline filing of Combined Notice of Filings #1 intervene in order to have comments its Statement of Operating Conditions considered. The second way to for the interruptible transportation May 11, 2010. participate is by filing with the services provided under section Take notice that the Commission Secretary of the Commission, as soon as 311(a)(2) of the Natural Gas Policy Act received the following electric corporate possible, an original and two copies of of 1978 (‘‘NGPA’’). filings: comments in support of or in opposition Docket Numbers: EC10–64–000. Any person desiring to participate in to this project. The Commission will Applicants: New Developments this rate proceeding must file a motion consider these comments in Holdings, LLC. to intervene or to protest this filing must Description: New Development determining the appropriate action to be file in accordance with Rules 211 and taken, but the filing of a comment alone Holdings, LLC et al. submits Joint 214 of the Commission’s Rules of Application for approval under Section will not serve to make the filer a party Practice and Procedure (18 CFR 385.211 to the proceeding. The Commission’s 203 of the Federal Power Act and and 385.214). Protests will be request for expedited treatment and rules require that persons filing considered by the Commission in comments in opposition to the project shortened comment period. determining the appropriate action to be Filed Date: 05/06/2010. provide copies of their protests only to taken, but will not serve to make Accession Number: 20100510–0014. the party or parties directly involved in protestants parties to the proceeding. Comment Date: 5 p.m. Eastern Time the protest. Any person wishing to become a party on Monday, June 7, 2010. must file a notice of intervention or The Commission encourages Docket Numbers: EC10–67–000. motion to intervene, as appropriate. electronic submission of protests and Applicants: BHE Holdings Inc., Maine Such notices, motions, or protests must interventions in lieu of paper using the & Maritimes Corporation. be filed on or before the date as ‘‘eFiling’’ link at http://www.ferc.gov. Description: Application of BHE indicated below. Anyone filing an Persons unable to file electronically Holdings Inc. and Maine & Maritimes intervention or protest must serve a should submit an original and 14 copies Corp. under FPA Section 203. copy of that document on the Applicant. of the protest or intervention to the Filed Date: 05/11/2010. Anyone filing an intervention or protest Federal Energy Regulatory Commission, Accession Number: 20100511–5097. on or before the intervention or protest 888 First Street, NE., Washington, DC Comment Date: 5 p.m. Eastern Time date need not serve motions to intervene 20426. This filing is accessible on-line on Tuesday, June 01, 2010. or protests on persons other than the Take notice that the Commission at http://www.ferc.gov using the Applicant. ‘‘eLibrary’’ link and is available for received the following electric rate review in the Commission’s Public The Commission encourages filings: Reference Room in Washington, DC. electronic submission of protests and Docket Numbers: ER10–1214–000. There is an ‘‘eSubscription’’ link on the interventions in lieu of paper using the Applicants: PacifiCorp. ‘‘eFiling’’ link at http://www.ferc.gov. Web site that enables subscribers to Description: PacifiCorp submits a Persons unable to file electronically receive e-mail notification when a Small Generator Interconnection should submit an original and 14 copies document is added to a subscribed Agreement Facilities Maintenance of the protest or intervention to the Agreement with California Public Power docket(s). For assistance with any FERC Federal Energy Regulatory Commission, Authority. Online service, please e-mail 888 First Street, NE., Washington, DC Filed Date: 05/10/2010. [email protected], or call 20426. Accession Number: 20100510–0217. (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time (202) 502–8659. This filing is accessible on-line at http://www.ferc.gov, using the on Tuesday, June 01, 2010. Comment Date: 5 p.m. Eastern Time ‘‘eLibrary’’ link and is available for Docket Numbers: ER10–1216–000. on June 14, 2010. review in the Commission’s Public Applicants: PacifiCorp. Kimberly D. Bose, Reference Room in Washington, DC. Description: PacifiCorp submits There is an ‘‘eSubscription’’ link on the Engineering and Procurement Secretary. Web site that enables subscribers to Agreement dated 4/22/10 between [FR Doc. 2010–12235 Filed 5–20–10; 8:45 am] receive e-mail notification when a PacifiCorp Transmission Services et al. BILLING CODE 6717–01–P document is added to a subscribed to be designated as Service Agreement docket(s). For assistance with any FERC 648 under their Seventh Revised Online service, please e-mail Volume 11 Open Access Transmission [email protected], or call Tariff. (866) 208–3676 (toll free). For TTY, call Filed Date: 05/10/2010. (202) 502–8659. Accession Number: 20100510–0216.

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Comment Date: 5 p.m. Eastern Time Docket Numbers: ER10–1224–000. Comment Date: 5 p.m. Eastern Time on Tuesday, June 01, 2010. Applicants: The Cleveland Electric on Wednesday, May 19, 2010. Docket Numbers: ER10–1217–000. Illuminating Comp, City of Cleveland, Docket Numbers: LA10–1–000. Applicants: PacifiCorp. Ohio. Applicants: Order 697–C 2010 1st Qtr Description: PacifiCorp submits Description: Cleveland Electric Site Acquisition Report. Populus Joint Ownership and Operating Illuminating Company submits notice of Description: ECP Energy I, LLC et al. Agreement with Idaho Power Company cancellation of Rate Schedule FERC No Land Acquisition Report (1Q 2010). to be designated as their Rate Schedule 12. Filed Date: 04/29/2010. FERC No 659. Filed Date: 05/11/2010. Accession Number: 20100429–5094. Filed Date: 05/10/2010. Accession Number: 20100511–0205. Comment Date: 5 p.m. Eastern Time Accession Number: 20100510–0215. Comment Date: 5 p.m. Eastern Time on Thursday, May 20, 2010. Comment Date: 5 p.m. Eastern Time on Tuesday, June 01, 2010. Docket Numbers: LA10–1–000. on Tuesday, June 01, 2010. Docket Numbers: ER10–1225–000. Applicants: Order 697–C 2010 1st Qtr Docket Numbers: ER10–1218–000. Applicants: FirstEnergy Service Site Acquisition Report. Applicants: American Electric Power Company, City of Cleveland, Ohio, Description: NRG Power Marketing Service Corporation. American Transmission Systems, Inc., Inc., et al. Order 697–C Compliance Description: Indiana Michigan Power Midwest Independent Transmission Filing Regarding Site Control. Company submits eighth revised System. Filed Date: 04/30/2010. Interconnection and Local Delivery Description: American Transmission Accession Number: 20100430–5067. Service Agreement 1262 with Wabash Systems, Inc submits Original Service Comment Date: 5 p.m. Eastern Time Valley Power Association, Inc. Agreement No 2190 to FERC Electric on Friday, May 21, 2010. Filed Date: 05/10/2010. Tariff, Fourth Volume No 1. Docket Numbers: LA10–1–000. Accession Number: 20100510–0214. Filed Date: 05/11/2010. Applicants: Order 697–C 2010 1st Qtr Comment Date: 5 p.m. Eastern Time Accession Number: 20100511–0206. Site Acquisition Report. on Tuesday, June 01, 2010. Comment Date: 5 p.m. Eastern Time Description: Quarterly Land on Tuesday, June 01, 2010. Acquisition Report of ALABAMA Docket Numbers: ER10–1220–000. ELECTRIC MARKETING, LLC, et al. Applicants: Idaho Power Company. Docket Numbers: ER10–1226–000. Applicants: FirstEnergy Solutions Filed Date: 04/30/2010. Description: Idaho Power Company Corp. Accession Number: 20100430–5158. submits Hemingway Joint Ownership Description: FirstEnergy Solutions Comment Date: 5 p.m. Eastern Time and Operating Agreement designated as Corp. submits tariff filing per 35.12: on Friday, May 21, 2010. Rate Schedule FERC No. 154. Tariff for Sales of Ancillary Service to Filed Date: 05/10/2010. Docket Numbers: LA10–1–000. be effective 5/11/2010. Applicants: Order 697–C 2010 1st Qtr Accession Number: 20100511–0201. Filed Date: 05/11/2010. Site Acquisition Report. Comment Date: 5 p.m. Eastern Time Accession Number: 20100511–5087. Description: Land Acquisition Report on Tuesday, June 01, 2010. Comment Date: 5 p.m. Eastern Time of CPV Keenan II Renewable Energy Docket Numbers: ER10–1221–000. on Tuesday, June 01, 2010. Company, LLC and CPV Liberty, LLC, et Applicants: American Transmission Docket Numbers: ER10–1227–000. al. Systems, Incorporated. Applicants: Southern California Filed Date: 04/30/2010. Description: American Transmission Edison Company. Accession Number: 20100430–5213. Systems, Incorporated submits tariff Description: Southern California Comment Date: 5 p.m. Eastern Time filing per 35.12: Open Access Edison Company submits letter on Friday, May 21, 2010. Transmission Tariff to be effective 5/11/ agreement with Solar Millennium, LLC. Docket Numbers: LA10–1–000. 2010. Filed Date: 05/11/2010. Applicants: Order 697–C 2010 1st Qtr Filed Date: 05/11/2010. Accession Number: 20100511–0211. Site Acquisition Report. Accession Number: 20100511–5035. Comment Date: 5 p.m. Eastern Time Description: Xcel Energy Services Inc. Comment Date: 5 p.m. Eastern Time on Tuesday, June 01, 2010. Order 697–C Quarterly Non-Material on Tuesday, June 01, 2010. Take notice that the Commission Change in Status Report Compliance Docket Numbers: ER10–1222–000. received the following land acquisition Filing on behalf of Northern States Applicants: DTE East China, LLC. reports: Power Company, Public Service Description: DTE East China, LLC Docket Numbers: LA10–1–000. Company of Colorado, and submits tariff filing per 35.12: DTE East Applicants: Order 697–C 2010 1st Qtr Southwestern Public Service Company. China—Baseline Filing to be effective 5/ Site Acquisition Report. Filed Date: 04/30/2010. 14/2010. Description: Quarterly Land Accession Number: 20100430–5244. Filed Date: 05/11/2010. Acquisition Report of Pacific Gas and Comment Date: 5 p.m. Eastern Time Accession Number: 20100511–5060. Electric Company. on Friday, May 21, 2010. Comment Date: 5 p.m. Eastern Time Filed Date: 04/26/2010. Docket Numbers: LA10–1–000. on Tuesday, June 01, 2010. Accession Number: 20100426–5025. Applicants: Order 697–C 2010 1st Qtr Docket Numbers: ER10–1223–000. Comment Date: 5 p.m. Eastern Time Site Acquisition Report. Applicants: DTE Energy Trading, Inc. on Monday, May 17, 2010. Description: Notice of Non-Material Description: DTE Energy Trading, Inc. Docket Numbers: LA10–1–000. Change in Status. submits tariff filing per 35.12: DTE Applicants: Order 697–C 2010 1st Qtr Filed Date: 04/30/2010. Energy Trading—Baseline Filing to be Site Acquisition Report. Accession Number: 20100430–5507. effective 5/14/2010. Description: MS Utilities submits a Comment Date: 5 p.m. Eastern Time Filed Date: 05/11/2010. Report on Sites for New Generation on Friday, May 21, 2010. Accession Number: 20100511–5061. Capacity Development. Docket Numbers: LA10–1–000. Comment Date: 5 p.m. Eastern Time Filed Date: 04/28/2010. Applicants: Order 697–C 2010 1st Qtr on Tuesday, June 01, 2010. Accession Number: 20100428–5019. Site Acquisition Report.

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Description: Quarterly Report of First Filed Date: 04/28/2010. link to log on and submit the Wind Public Utilities. Accession Number: 20100428–5016. intervention or protests. Filed Date: 04/30/2010. Comment Date: 5 p.m. Eastern Time Persons unable to file electronically Accession Number: 20100430–5050. on Wednesday, May 19, 2010. should submit an original and 14 copies Comment Date: 5 p.m. Eastern Time Docket Numbers: LA10–1–000. of the intervention or protest to the on Friday, May 21, 2010. Applicants: Order 697–C 2010 1st Qtr Federal Energy Regulatory Commission, Docket Numbers: LA10–1–000. Site Acquisition Report. 888 First St., NE., Washington, DC Applicants: Order 697–C 2010 1st Qtr Description: Change in Fact Notice 20426. Site Acquisition Report. Site Report 2010 First Quarter of Spring The filings in the above proceedings Description: Quarterly Land Canyon Energy LLC, et al. are accessible in the Commission’s Acquisition report of Astoria Generating Filed Date: 04/30/2010. eLibrary system by clicking on the Company, L.P., et al. Accession Number: 20100430–5141. appropriate link in the above list. They Filed Date: 04/30/2010. Comment Date: 5 p.m. Eastern Time are also available for review in the Accession Number: 20100430–5108. on Friday, May 21, 2010. Commission’s Public Reference Room in Comment Date: 5 p.m. Eastern Time Docket Numbers: LA10–1–000. Washington, DC. There is an on Friday, May 21, 2010. Applicants: Order 697–C 2010 1st Qtr eSubscription link on the Web site that Docket Numbers: LA10–1–000. Site Acquisition Report. enables subscribers to receive e-mail Applicants: Order 697–C 2010 1st Qtr Description: Endure Energy, L.L.C. notification when a document is added Site Acquisition Report. Notification of Change in Status/ to a subscribed dockets(s). For Description: Quarterly Land Quarterly Report for First Quarter 2010. assistance with any FERC Online Acquisition Report of Arlington Valley, Filed Date: 04/30/2010. service, please e-mail LLC, et al. Accession Number: 20100430–5236. [email protected]. or call Filed Date: 04/30/2010. Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call Accession Number: 20100430–5332. on Friday, May 21, 2010. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Docket Numbers: LA10–1–000. Kimberly D. Bose, on Friday, May 21, 2010. Applicants: Order 697–C 2010 1st Qtr Secretary. Docket Numbers: LA10–1–000. Site Acquisition Report. Applicants: Order 697–C 2010 1st Qtr Description: Iberdrola Renewables, [FR Doc. 2010–12244 Filed 5–20–10; 8:45 am] Site Acquisition Report. Inc. et al. Land Acquisition Report (1Q BILLING CODE 6717–01–P Description: Report/Form of San 2010). Diego Gas & Electric Company. Filed Date: 04/29/2010. DEPARTMENT OF ENERGY Filed Date: 04/30/2010. Accession Number: 20100429–5093. Accession Number: 20100430–5280. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time on Thursday, May 20, 2010. Commission on Friday, May 21, 2010. Any person desiring to intervene or to [Docket No. PR10–4–001] Docket Numbers: LA10–1–000. protest in any of the above proceedings Applicants: Order 697–C 2010 1st Qtr must file in accordance with Rules 211 Cranberry Pipeline Corporation; Notice Site Acquisition Report. and 214 of the Commission’s Rules of of Compliance Filing Description: Quarterly Report of Practice and Procedure (18 CFR 385.211 Exelon Corporation. and 385.214) on or before 5 p.m. Eastern May 13, 2010. Filed Date: 04/30/2010. time on the specified comment date. It Take notice that on April 27, 2010, Accession Number: 20100430–5261. is not necessary to separately intervene and May 4, 2010, Cranberry Pipeline Comment Date: 5 p.m. Eastern Time again in a subdocket related to a Corporation (Cranberry), filed its on Friday, May 21, 2010. compliance filing if you have previously Statement of Operating Conditions in Docket Numbers: LA10–1–000. intervened in the same docket. Protests compliance with the March 30, 2010 Applicants: Order 697–C 2010 1st Qtr will be considered by the Commission Letter Order and pursuant to section Site Acquisition Report. in determining the appropriate action to 284.123(e) of the Commission’s Description: Munnsville Wind Farm be taken, but will not serve to make regulations. Cranberry states that it LLC et al. Notice per 18 CFR 35.42(d). protestants parties to the proceeding. made revisions to the SOC, including Filed Date: 04/30/2010. Anyone filing a motion to intervene or stand-alone statement of rates, as Accession Number: 20100430–5248. protest must serve a copy of that required by the March 30th Letter Comment Date: 5 p.m. Eastern Time document on the Applicant. In reference Order. on Friday, May 21, 2010. to filings initiating a new proceeding, Any person desiring to participate in Docket Numbers: LA10–1–000. interventions or protests submitted on this proceeding must file a motion to Applicants: Order 697–C 2010 1st Qtr or before the comment deadline need intervene or a protest in accordance Site Acquisition Report. not be served on persons other than the with Rules 211 and 214 of the Description: The Shaw Parties submit Applicant. Commission’s Rules of Practice and Notification of Change in Status/ The Commission encourages Procedure (18 CFR 385.211 and Quarterly Report for First Quarter 2010. electronic submission of protests and 385.214). Protests will be considered by Filed Date: 04/30/2010. interventions in lieu of paper, using the the Commission in determining the Accession Number: 20100430–5237. FERC Online links at http:// appropriate action to be taken, but will Comment Date: 5 p.m. Eastern Time www.ferc.gov. To facilitate electronic not serve to make protestants parties to on Friday, May 21, 2010. service, persons with Internet access the proceeding. Any person wishing to Docket Numbers: LA10–1–000. who will eFile a document and/or be become a party must file a notice of Applicants: Order 697–C 2010 1st Qtr listed as a contact for an intervenor intervention or motion to intervene, as Site Acquisition Report. must create and validate an appropriate. Such notices, motions, or Description: Change in Status Report eRegistration account using the protests must be filed on or before the of Edison International MBR Affiliates. eRegistration link. Select the eFiling date as indicated below. Anyone filing

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an intervention or protest must serve a protestants parties to the proceeding. the proceeding. Any person wishing to copy of that document on the Applicant. Such protests must be filed on or before become a party must file a notice of Anyone filing an intervention or protest 5 p.m. Eastern time on the specified intervention or motion to intervene, as on or before the intervention or protest comment date. Anyone filing a protest appropriate. Such notices, motions, or date need not serve motions to intervene must serve a copy of that document on protests must be filed on or before the or protests on persons other than the all the parties to the proceeding. date as indicated below. Anyone filing Applicant. The Commission encourages an intervention or protest must serve a The Commission encourages electronic submission of protests in lieu copy of that document on the Applicant. electronic submission of protests and of paper using the ‘‘eFiling’’ link at Anyone filing an intervention or protest interventions in lieu of paper using the http://www.ferc.gov. Persons unable to on or before the intervention or protest ‘‘eFiling’’ link at http://www.ferc.gov. file electronically should submit an date need not serve motions to intervene Persons unable to file electronically original and 14 copies of the protest to or protests on persons other than the should submit an original and 14 copies the Federal Energy Regulatory Applicant. of the protest or intervention to the Commission, 888 First Street, NE., The Commission encourages Federal Energy Regulatory Commission, Washington, DC 20426. electronic submission of protests and 888 First Street, NE., Washington, DC This filing is accessible on-line at interventions in lieu of paper using the 20426. http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. This filing is accessible on-line at ‘‘eLibrary’’ link and is available for Persons unable to file electronically http://www.ferc.gov, using the review in the Commission’s Public should submit an original and 14 copies ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. of the protest or intervention to the review in the Commission’s Public There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, Reference Room in Washington, DC. Web site that enables subscribers to 888 First Street, NE., Washington, DC There is an ‘‘eSubscription’’ link on the receive e-mail notification when a 20426. Web site that enables subscribers to document is added to a subscribed This filing is accessible on-line at receive e-mail notification when a docket(s). For assistance with any FERC http://www.ferc.gov, using the document is added to a subscribed Online service, please e-mail ‘‘eLibrary’’ link and is available for docket(s). For assistance with any FERC [email protected], or call review in the Commission’s Public Online service, please e-mail (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. [email protected], or call (202) 502–8659. There is an ‘‘eSubscription’’ link on the (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern time Web site that enables subscribers to (202) 502–8659. on Monday, May 24, 2010. receive e-mail notification when a Comment Date: 5 p.m. Eastern Time Kimberly D. Bose, document is added to a subscribed on Thursday, May 27, 2010. docket(s). For assistance with any FERC Secretary. Kimberly D. Bose, Online service, please e-mail [FR Doc. 2010–12240 Filed 5–20–10; 8:45 am] [email protected], or call Secretary. BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call [FR Doc. 2010–12229 Filed 5–20–10; 8:45 am] (202) 502–8659. BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern Time DEPARTMENT OF ENERGY on Thursday, May 27, 2010. DEPARTMENT OF ENERGY Federal Energy Regulatory Kimberly D. Bose, Commission Secretary. Federal Energy Regulatory [Docket No. PR10–2–001] [FR Doc. 2010–12233 Filed 5–20–10; 8:45 am] Commission BILLING CODE 6717–01–P [Docket No. PR09–30–003] PELICO Pipeline, LLC; Notice of Compliance Filing Corning Natural Gas Corporation; DEPARTMENT OF ENERGY Notice of Compliance Filing May 13, 2010. Take notice that on April 26, 2010, Federal Energy Regulatory May 17, 2010. PELICO Pipeline, LLC (PELICO), filed Commission Take notice that on May 10, 2010, its Statement of Operating Conditions Corning Natural Gas Corporation, (SOC) in compliance with the March 23, [Docket No. CP10–40–000] (Corning) filed a corrected rate sheet to 2010 Letter Order and pursuant to replace the rate sheet filed with its section 284.123(e) of the Commission’s Bully Camp Gas Storage Project; Statement of section 311 Operating regulations. PELICO states that it made Notice of Availability of the Conditions filed May 3, 2010, to comply revisions to the SOC including a stand- Environmental Assessment for the with the March 23, 2010 Letter Order alone statement of rates and Proposed Bully Camp Gas Storage approving a Stipulation and Agreement incorporating the Settlement terms as Project of Settlement and pursuant to section required by the March 23rd Order. 284.123(e) of the Commission’s Any person desiring to participate in May 14, 2010. regulations. this proceeding must file a motion to The staff of the Federal Energy Any person desiring to protest this intervene or a protest in accordance Regulatory Commission (FERC or filing must file in accordance with Rule with Rules 211 and 214 of the Commission) has prepared an 211 of the Commission’s Rules of Commission’s Rules of Practice and environmental assessment (EA) for the Practice and Procedure (18 CFR Procedure (18 CFR 385.211 and Bully Camp Gas Storage Project 385.211). Protests to this filing will be 385.214). Protests will be considered by proposed by BCR Holdings, Inc. (BCR) considered by the Commission in the Commission in determining the in the above referenced docket. BCR determining the appropriate action to be appropriate action to be taken, but will requests authorization to construct and taken, but will not serve to make not serve to make protestants parties to operate a new natural gas storage facility

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in a solution-mined salt dome in should focus on the potential right to seek rehearing of the Lafourche Parish, Louisiana. environmental effects, reasonable Commission’s decision. The EA assesses the potential alternatives, and measures to avoid or Affected landowners and parties with environmental effects of the lessen environmental impacts. The more environmental concerns may be granted construction and operation of the Bully specific your comments, the more useful intervenor status upon showing good Camp Gas Storage Project in accordance they will be. To ensure that your cause by stating that they have a clear with the requirements of the National comments are properly recorded and and direct interest in this proceeding Environmental Policy Act (NEPA). The considered prior to a Commission which would not be adequately FERC staff concludes that approval of decision on the proposal, it is important represented by any other parties. You do the proposed project, with appropriate that the FERC receives your comments not need intervenor status to have your mitigating measures, would not in Washington, DC on or before June 14, comments considered. constitute a major federal action 2010. Additional information about the significantly affecting the quality of the For your convenience, there are three project is available from the human environment. methods you can use to submit your Commission’s Office of External Affairs, The U.S. Army Corps of Engineers comments to the Commission. In all at (866) 208–FERC or on the FERC Web (COE) participated as a cooperating instances please reference the project site (http://www.ferc.gov) using the agency in the preparation of the EA. docket number (CP10–40–000) with eLibrary link. Click on the eLibrary link, Cooperating agencies have jurisdiction your submission. The Commission click on ‘‘General Search’’ and enter the by law or special expertise with respect encourages electronic filing of docket number excluding the last three to resources potentially affected by the comments and has dedicated eFiling digits in the Docket Number field (i.e., proposal and participate in the NEPA expert staff available to assist you at CP10–40). Be sure you have selected an analysis. The project would require a (202) 502–8258 or [email protected]. appropriate date range. For assistance, permit from the COE pursuant to (1) You may file your comments please contact FERC Online Support at Section 404 of the Clean Water Act (33 electronically by using the Quick [email protected] or toll free U.S.C. 1344). Comment feature, which is located on at (866) 208–3676, or for TTY, contact The proposed Bully Camp Gas the Commission’s Web site at http:// (202) 502–8659. The eLibrary link also Storage Project includes the following www.ferc.gov under the link to provides access to the texts of formal facilities: documents issued by the Commission, • Documents and Filings. A Quick Two salt storage caverns (each with Comment is an easy method for such as orders, notices, and a working capacity of 7.5 billion cubic interested persons to submit text-only rulemakings. feet), wells, and well pads; In addition, the Commission offers a • comments on a project; An 18,940-horsepower compressor (2) You may file your comments free service called eSubscription which station; electronically by using the eFiling allows you to keep track of all formal • Four meter stations and feature, which is located on the issuances and submittals in specific interconnection facilities (for Gulf South Commission’s Web site at http:// dockets. This can reduce the amount of Pipeline Company, LP; Discovery Gas www.ferc.gov under the link to time you spend researching proceedings Transmission, LLC; Bridgeline Documents and Filings. eFiling involves by automatically providing you with Holdings, LP; and Texas Eastern preparing your submission in the same notification of these filings, document Transmission Corporation); summaries, and direct links to the • Four sections of natural gas manner as you would if filing on paper, and then saving the file on your documents. Go to http://www.ferc.gov/ pipeline totaling about 6.1 miles esubscribenow.htm. (ranging from 10 inches to 20 inches in computer’s hard drive. You will attach diameter); and that file as your submission. New Kimberly D. Bose, • Six sections of various diameter eFiling users must first create an Secretary. water and brine pipeline totaling about account by clicking on ‘‘Sign up’’ or ‘‘eRegister.’’ You will be asked to select [FR Doc. 2010–12243 Filed 5–20–10; 8:45 am] 19.5 miles (ranging from 3 inches to 24 BILLING CODE 6717–01–P inches in diameter). the type of filing you are making. A The EA has been placed in the public comment on a particular project is files of the FERC and is available for considered a ‘‘Comment on a Filing’’; or DEPARTMENT OF ENERGY public viewing on the FERC’s Web site (3) You may file a paper copy of your at http://www.ferc.gov using the comments at the following address: Federal Energy Regulatory eLibrary link. A limited number of Kimberly D. Bose, Secretary, Federal Commission copies of the EA are available for Energy Regulatory Commission, 888 [Project No. 12775–001] distribution and public inspection at: First Street, NE., Room 1A, Federal Energy Regulatory Commission, Washington, DC 20426. City of Spearfish, South Dakota; Notice Public Reference Room, 888 First Street, Although your comments will be of Availability of Draft Environmental NE., Room 2A, Washington, DC 20426, considered by the Commission, simply Assessment (202) 502–8371. filing comments will not serve to make Copies of the EA have been mailed to the commentor a party to the May 13, 2010. Federal, State, and local government proceeding. Any person seeking to In accordance with the National representatives and agencies; elected become a party to the proceeding must Environmental Policy Act of 1969 and officials; environmental and public file a motion to intervene pursuant to the Federal Energy Regulatory interest groups; Native American tribes; Rule 214 of the Commission’s Rules of Commission’s (Commission or FERC) potentially affected landowners and Practice and Procedures (18 CFR regulations, 18 Code of Federal other interested individuals and groups; 385.214).1 Only intervenors have the Regulations (CFR) part 380 (Order No. newspapers and libraries in the project 486, 52 Federal Register (FR) 47897), area; and parties to this proceeding. 1 Interventions may also be filed electronically via the Office of Energy Projects has Any person wishing to comment on the Internet in lieu of paper. See the previous reviewed the city of Spearfish’s the EA may do so. Your comments discussion on filing comments electronically. application for license for the Spearfish

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Hydroelectric Project (FERC Project No. DEPARTMENT OF ENERGY document is added to a subscribed 12775–001), located on Spearfish Creek docket(s). For assistance with any FERC near the city of Spearfish, in Lawrence Federal Energy Regulatory Online service, please e-mail County, South Dakota. The existing, but Commission [email protected], or call unlicensed project occupies a total of [Docket No. EL10–66–000] (866) 208–3676 (toll free). For TTY, call 57.26 acres of federal lands within the (202) 502–8659. Black Hills National Forest managed by Southern California Edison Company; Comment Date: 5 p.m. Eastern Time the U.S. Forest Service. Pacific Gas and Electric Company; San on June 10, 2010. Diego Gas & Electric Company; Notice Staff prepared a draft environmental Kimberly D. Bose, of Petition for Declaratory Order assessment (EA), which analyzes the Secretary. potential environmental effects of May 13, 2010. [FR Doc. 2010–12234 Filed 5–20–10; 8:45 am] licensing the project, and concludes that Take notice that on May 11, 2010, BILLING CODE 6717–01–P licensing the project, with appropriate pursuant to Rule 207 of the Rules of environmental protective measures, Practice and Procedure of the Federal would not constitute a major federal Energy Regulatory Commission DEPARTMENT OF ENERGY action that would significantly affect the (Commission), 18 CFR 385.207 (2010), quality of the human environment. Southern California Edison Company, Federal Energy Regulatory Commission A copy of the draft EA is available for Pacific Gas and Electric Company, and review at the Commission in the Public San Diego Gas & Electric Company filed [Docket No. EL10–67–000] Reference Room or may be viewed on a Petition for Declaratory Order, seeking the Commission’s Web site at the Commission to rule that the The United Illuminating Company; www.ferc.gov using the ‘‘eLibrary’’ link. California Public Utilities Commission’s Notice of Petition for Declaratory Order (CPUC) Decision 09–12–042 violates the Enter the docket number excluding the May 13, 2010. last three digits in the docket number Federal Power Act, 16 U.S.C. 824, et seq., and the Supremacy Clause of the Take notice that on May 12, 2010, field to access the document. For pursuant to Rule 207 of the Rules of assistance, contact FERC Online United States Constitution insofar as it sets the rate for electric energy that is Practice and Procedure of the Federal Support at Energy Regulatory Commission [email protected] or toll- sold at wholesale in interstate commerce by public utilities, and does (Commission), 18 CFR 385.207 (2010), free at (866) 208–3676, or for TTY, (202) The United Illuminating Company filed 502–8659. so outside the CPUC’s authority under the Public Utility Regulatory Policies a Petition for Declaratory Order, You may also register online at Act of 1978, 16 U.S.C. 824–a–1, et seq. requesting the Commission to issue an http://www.ferc.gov/docs-filing/ Any person desiring to intervene or to order declaring that the provision of esubscription.asp to be notified via e- protest this filing must file in electric energy to Elm Electric mail of new filings and issuances accordance with Rules 211 and 214 of Cooperative, Inc. for resale to its related to this or other pending projects. the Commission’s Rules of Practice and members is a transaction at wholesale For assistance, contact FERC Online Procedure (18 CFR 385.211, 385.214). subject to the jurisdiction of the Support. Protests will be considered by the Commission. Any comments should be filed within Commission in determining the Any person desiring to intervene or to 45 days from the date of this notice. appropriate action to be taken, but will protest this filing must file in Comments may be filed electronically not serve to make protestants parties to accordance with Rules 211 and 214 of via the Internet. See 18 CFR the proceeding. Any person wishing to the Commission’s Rules of Practice and 385.2001(a)(1)(iii) and the instructions become a party must file a notice of Procedure (18 CFR 385.211, 385.214). on the Commission’s Web site (http:// intervention or motion to intervene, as Protests will be considered by the www.ferc.gov/docs-filing/ferconline.asp) appropriate. Such notices, motions, or Commission in determining the under the ‘‘eFiling’’ link. For a simpler protests must be filed on or before the appropriate action to be taken, but will method of submitting text-only comment date. On or before the not serve to make protestants parties to comments, click on ‘‘Quick Comment.’’ comment date, it is not necessary to the proceeding. Any person wishing to become a party must file a notice of For assistance, please contact FERC serve motions to intervene or protests intervention or motion to intervene, as Online Support. Although the on persons other than the Applicant. The Commission encourages appropriate. Such notices, motions, or Commission strongly encourages electronic submission of protests and protests must be filed on or before the electronic filings, documents may also interventions in lieu of paper using the comment date. On or before the be paper-filed. To paper-file, mail an ‘‘eFiling’’ link at http://www.ferc.gov. comment date, it is not necessary to original and eight copies to: Kimberly D. Persons unable to file electronically serve motions to intervene or protests Bose, Secretary, Federal Energy should submit an original and 14 copies on persons other than the Applicant. Regulatory Commission, 888 First of the protest or intervention to the The Commission encourages Street, NE., Washington, DC 20426. Federal Energy Regulatory Commission, electronic submission of protests and Please affix Project No. 12775–001 to all 888 First Street, NE., Washington, DC interventions in lieu of paper using the comments. 20426. ‘‘eFiling’’ link at http://www.ferc.gov. For further information, contact Steve This filing is accessible on-line at Persons unable to file electronically Hocking by telephone at (202) 502–8753 http://www.ferc.gov, using the should submit an original and 14 copies or by e-mail at [email protected]. ‘‘eLibrary’’ link and is available for of the protest or intervention to the review in the Commission’s Public Federal Energy Regulatory Commission, Kimberly D. Bose, Reference Room in Washington, DC. 888 First Street, NE., Washington, DC Secretary. There is an ‘‘eSubscription’’ link on the 20426. [FR Doc. 2010–12231 Filed 5–20–10; 8:45 am] Web site that enables subscribers to This filing is accessible on-line at BILLING CODE 6717–01–P receive e-mail notification when a http://www.ferc.gov, using the

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‘‘eLibrary’’ link and is available for FOR FURTHER INFORMATION CONTACT: conduct or sponsor the collection of review in the Commission’s Public Learia Williams, Compliance information while this submission is Reference Room in Washington, DC. Assessment and Media Programs pending at OMB. An Agency may not There is an ‘‘eSubscription’’ link on the Division, Office of Compliance, Mail conduct or sponsor, and a person is not Web site that enables subscribers to Code 2223A, Environmental Protection required to respond to, a collection of receive e-mail notification when a Agency, 1200 Pennsylvania Avenue, information unless it displays a document is added to a subscribed NW., Washington, DC 20460; telephone currently valid OMB control number. docket(s). For assistance with any FERC number: (202) 564–4113; fax number: The OMB control numbers for EPA’s Online service, please e-mail (202) 564–0050; e-mail address: regulations in title 40 of the CFR, after [email protected], or call [email protected]. appearing in the Federal Register when approved, are listed in 40 CFR part 9, (866) 208–3676 (toll free). For TTY, call SUPPLEMENTARY INFORMATION: EPA has and displayed either by publication in (202) 502–8659. submitted the following ICR to OMB for the Federal Register or by other Comment Date: 5 p.m. Eastern Time review and approval according to the appropriate means, such as on the on June 11, 2010. procedures prescribed in 5 CFR 1320.12. related collection instrument or form, if On July 8, 2009 (74 FR 32580), EPA Kimberly D. Bose, applicable. The display of OMB control sought comments on this ICR pursuant Secretary. numbers in certain EPA regulations is to 5 CFR 1320.8(d). EPA received no [FR Doc. 2010–12230 Filed 5–20–10; 8:45 am] consolidated in 40 CFR part 9. comments. Any additional comments on BILLING CODE 6717–01–P Abstract: The National Emission this ICR should be submitted to EPA Standards for Hazardous Air Pollutants and OMB within 30 days of this notice. (NESHAP) for Pharmaceutical EPA has established a public docket Production (40 CFR part 63, subpart ENVIRONMENTAL PROTECTION for this ICR under docket ID number AGENCY GGG) were proposed on April 2, 1997, EPA–HQ–OECA–2009–0381, which is and promulgated on September 21, [EPA–HQ–OECA–2009–0381; FRL–9143–9] available for public viewing online at 1998. These standards apply to the http://www.regulations.gov, in person facilities in pharmaceutical production Agency Information Collection viewing at the Enforcement and that are major sources of hazardous air Activities; Submission to OMB for Compliance Docket in the EPA Docket pollutants (HAP). The affected facility is Review and Approval; Comment Center (EPA/DC), EPA West, Room all pharmaceutical manufacturing Request; NESHAP for Pharmaceutical 3334, 1301 Constitution Avenue, NW., operation, which includes process Production (Renewal), EPA ICR Washington, DC. The EPA Docket vents, storage tanks, equipment Number 1781.05, OMB Control Number Center Public Reading Room is open components, and wastewater systems 2060–0358 from 8:30 a.m. to 4:30 p.m., Monday commencing construction or through Friday, excluding legal AGENCY: reconstruction after the date of the Environmental Protection holidays. The telephone number for the Agency (EPA). proposal. In general, all NESHAP Reading Room is (202) 566–1744, and require initial notifications, ACTION: Notice. the telephone number for the performance tests, and periodic reports. Enforcement and Compliance Docket is SUMMARY: In compliance with the Owners/operators of affected (202) 566–1752. Paperwork Reduction Act (44 U.S.C. pharmaceutical production are required Use EPA’s electronic docket and 3501 et seq.), this document announces to maintain records of the occurrence comment system at http:// that an Information Collection Request and duration of any startup, shutdown, www.regulations.gov, to submit or view (ICR) has been forwarded to the Office or malfunction in the operation of an public comments, to access the index of Management and Budget (OMB) for affected facility, or any period during listing of the contents of the docket, and review and approval. This is a request which the monitoring system is to access those documents in the docket to renew an existing approved inoperative. These notifications, reports that are available electronically. Once in collection. The ICR which is abstracted and records are essential in determining the system, select ‘‘docket search,’’ then below describes the nature of the compliance and, in general, are required key in the docket ID number identified collection and the estimated burden and of all sources subject to NESHAP. above. Please note that EPA’s policy is cost. Semiannual reports are also required. that public comments, whether Any owner or operator subject to the DATES: Additional comments may be submitted electronically or on paper, provisions of this part shall maintain a submitted on or before June 21, 2010. will be made available for public file of these measurements, and retain ADDRESSES: Submit your comments, viewing at http://www.regulations.gov, the records for at least five years referencing docket ID number EPA–HQ– as EPA receives them and without following the date of such OECA–2009–0381 to (1) EPA online change, unless the comment contains measurements, maintenance reports, using http://www.regulations.gov (our copyrighted material, Confidential and records. Performance tests reports preferred method), or by e-mail to Business Information (CBI), or other are required as this is the Agency’s [email protected], or by mail to: EPA information whose public disclosure is record of a source’s initial capability to Docket Center (EPA/DC), Environmental restricted by statute. For further comply with the emission standard, and Protection Agency, Enforcement and information about the electronic docket, serve as a record of the operating Compliance Docket and Information go to http://www.regulations.gov. conditions under which compliance Center, mail code 28221T, 1200 Title: NESHAP for Pharmaceutical was achieved. Pennsylvania Avenue, NW., Production (Renewal). All reports are sent to the delegated Washington, DC 20460, and (2) OMB at: ICR Numbers: EPA ICR Number state or local authority. In the event that Office of Information and Regulatory 1781.05, OMB Control Number 2060– there is no such delegated authority, the Affairs, Office of Management and 0358. reports are sent directly to the EPA Budget (OMB), Attention: Desk Officer ICR Status: This ICR is scheduled to regional office. This information is for EPA, 725 17th Street, NW., expire on July 31, 2010. Under OMB being collected to assure compliance Washington, DC 20503. regulations, the Agency may continue to with 40 CFR part 63, subpart GGG, as

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authorized in sections 112 and 114(a) of Dated: May 17, 2010. to 5 CFR 1320.8(d). EPA received no the Clean Air Act. The required John Moses, comments. Any additional comments on information consists of emissions data Director, Collection Strategies Division. this ICR should be submitted to EPA and other information that have been [FR Doc. 2010–12273 Filed 5–20–10; 8:45 am] and OMB within 30 days of this notice. determined to be private. BILLING CODE 6560–50–P EPA has established a public docket An agency may not conduct or for this ICR under docket ID number sponsor, and a person is not required to EPA–HQ–OECA–2009–0534, which is respond to, a collection of information ENVIRONMENTAL PROTECTION available for public viewing online at unless it displays a currently valid OMB AGENCY http://www.regulations.gov, in person Control Number. The OMB Control [EPA–HQ–OECA–2009–0534; FRL–9153–7] viewing at the Enforcement and Number for EPA regulations listed in 40 Compliance Docket in the EPA Docket CFR part 9 and 48 CFR chapter 15, are Agency Information Collection Center (EPA/DC), EPA West, Room identified on the form and/or Activities; Submission to OMB for 3334, 1301 Constitution Avenue, NW., instrument, if applicable. Review and Approval; Comment Washington, DC. The EPA Docket Burden Statement: The annual public Request; NESHAP for Off-Site Waste Center Public Reading Room is open reporting and recordkeeping burden for and Recovery Operations (Renewal), from 8:30 a.m. to 4:30 p.m., Monday this collection of information estimated EPA ICR Number 1717.07, OMB through Friday, excluding legal to average 178 hours per response. Control Number 2060–0313 holidays. The telephone number for the Burden means the total time, effort, or Reading Room is (202) 566–1744, and financial resources expended by persons AGENCY: Environmental Protection the telephone number for the to generate, maintain, retain, or disclose, Agency (EPA). Enforcement and Compliance Docket is and provide information to or for a ACTION: Notice. (202) 566–1752. Federal agency. This includes the time Use EPA’s electronic docket and SUMMARY: In compliance with the needed to review instructions; develop, comment system at http:// acquire, install, and utilize technology Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces www.regulations.gov, to submit or view and systems for the purposes of public comments, access the index collecting, validating, and verifying that an Information Collection Request (ICR) has been forwarded to the Office listing of the contents of the docket, and information, processing and to access those documents in the docket maintaining information, and disclosing of Management and Budget (OMB) for review and approval. This is a request that are available electronically. Once in and providing information. All existing ‘‘ ’’ to renew an existing approved the system, select docket search, then ways will have to adjust to comply with key in the docket ID number identified any previously applicable instructions collection. The ICR which is abstracted below describes the nature of the above. Please note that EPA’s policy is and requirements that have that public comments, whether subsequently changed; train personnel collection and the estimated burden and cost. submitted electronically or in paper, to be able to respond to a collection of will be made available for public DATES: information; search data sources; Additional comments may be viewing at http://www.regulations.gov, complete and review the collection of submitted on or before June 21, 2010. as EPA receives them and without information; and transmit or otherwise ADDRESSES: Submit your comments, change, unless the comment contains disclose the information. referencing docket ID number EPA–HQ– copyrighted material, Confidential Respondents/Affected Entities: OECA–2009–0534, to (1) EPA online Business Information (CBI), or other Pharmaceutical production facilities. using http://www.regulations.gov (our information whose public disclosure is Estimated Number of Respondents: preferred method), or by e-mail to restricted by statute. For further 27. [email protected], or by mail to: EPA Frequency of Response: Initially, information about the electronic docket, Docket Center (EPA/DC), Environmental go to http://www.regulations.gov. quarterly, semiannually, and Protection Agency, Enforcement and occasionally. Title: NESHAP for Off-Site Waste and Compliance Docket and Information Recovery Operations (Renewal). Estimated Total Annual Hour Burden: Center, Mail Code 28221T, 1200 44,246. ICR Numbers: EPA ICR Number Pennsylvania Avenue, NW., 1717.07, OMB Control Number 2060– Estimated Total Annual Cost: Washington, DC 20460, and (2) OMB at: $4,297,480 which includes $4,185,214 0313. Office of Information and Regulatory ICR Status: This ICR is scheduled to in labor costs, no capital/startup costs, Affairs, Office of Management and and $112,266 in operation and expire on July 31, 2010. Under OMB Budget (OMB), Attention: Desk Officer regulations, the Agency may continue to maintenance (O&M) costs. for EPA, 725 17th Street, NW., Changes in the Estimates: There is an conduct or sponsor the collection of Washington, DC 20503. adjustment in the labor hours in this information while this submission is ICR, compared to the previous ICR. The FOR FURTHER INFORMATION CONTACT: pending at OMB. An agency may not labor burden is decreased compared to Robert C. Marshall, Jr. of the Office of conduct or sponsor, and a person is not the most recently approved ICR due to Compliance, Environmental Protection required to respond to, a collection of a reduction in the number of sources. Agency, 1200 Pennsylvania Avenue, information unless it displays a The reduction was caused by a number NW., Washington, DC 20460; telephone currently valid OMB control number. of sources becoming synthetic area number: (202) 564–7021; fax number: The OMB control numbers for EPA’s minor sources before the compliance (202) 564–0050; e-mail address: regulations in title 40 of the CFR, after date. All of the sources subject to the [email protected]. appearing in the Federal Register when standard are major sources. SUPPLEMENTARY INFORMATION: EPA has approved, are listed in 40 CFR part 9, There is a decrease in the capital/ submitted the following ICR to OMB for and displayed either by publication in startup and operations and maintenance review and approval according to the the Federal Register or by other (O&M) costs from the previous ICR due procedures prescribed in 5 CFR 1320.12. appropriate means, such as on the to the decrease in the number of On July 30, 2009 (74 FR 38005), EPA related collection instrument or form, if sources. sought comments on this ICR pursuant applicable. The display of OMB control

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numbers in certain EPA regulations is not changed over the past three years Pennsylvania Avenue, NW., consolidated in 40 CFR part 9. and are not anticipated to change over Washington, DC 20460, and (2) OMB at: Abstract: The National Emission the next three years; and (2) the growth Office of Information and Regulatory Standards for Hazardous Air Pollutants rate for the respondents is very low, Affairs, Office of Management and (NESHAP) for Off-Site Waste and negative or non-existent. There is, Budget (OMB), Attention: Desk Officer Recovery Operations were proposed on however, an apparent increase of 906 for EPA, 725 17th Street, NW., October 13, 1994, and promulgated on hours in respondent labor hours, due to Washington, DC 20503. July 1, 1996. a math error in the previous ICR. FOR FURTHER INFORMATION CONTACT: The affected entities are subject to the Also, there is an increase in both Robert C. Marshall, Jr. of the Office of General Provisions of the NESHAP at 40 respondent and Agency costs resulting Compliance, Environmental Protection CFR part 63, subpart A, and any from labor rate increases from 2003 to Agency, 1200 Pennsylvania Avenue, changes, or additions to the Provisions 2009. In this ICR, the labor burden and NW., Washington, DC 20460; telephone specified at 40 CFR part 63, subpart DD. cost calculations in Tables 1 and 2 of number: (202) 564–7021; fax number: Owners or operators of the affected this ICR were expanded to include (202) 564–0050; e-mail address: facilities must submit a one-time-only managerial and clerical labor rates, and [email protected]. report of any physical or operational the previous ICR only provided a SUPPLEMENTARY INFORMATION: EPA has changes, initial performance tests, and technical labor rate for 2003. This ICR submitted the following ICR to OMB for periodic reports and results. Owners or has been updated to present the most review and approval according to the operators are also required to maintain recent available labor rates for each of procedures prescribed in 5 CFR 1320.12. records of the occurrence and duration the three labor categories. of any startup, shutdown, or On July 8, 2009 (74 FR 32581), EPA Dated: May 17, 2010. malfunction in the operation of an sought comments on this ICR pursuant affected facility, or any period during John Moses, to 5 CFR 1320.8(d). EPA received no which the monitoring system is Director, Collection Strategies Division. comments. Any additional comments on inoperative. Reports, at a minimum, are [FR Doc. 2010–12284 Filed 5–20–10; 8:45 am] this ICR should be submitted to EPA required semiannually. BILLING CODE 6560–50–P and OMB within 30 days of this notice. Burden Statement: The annual public EPA has established a public docket reporting and recordkeeping burden for for this ICR under docket ID number this collection of information is ENVIRONMENTAL PROTECTION EPA–HQ–OECA–2009–0392, which is estimated to average 219 hours per AGENCY available for public viewing online at http://www.regulations.gov, in person response. Burden means the total time, [EPA–HQ–OECA–2009–0392; FRL–9153–8] effort, or financial resources expended viewing at the Enforcement and by persons to generate, maintain, retain, Agency Information Collection Compliance Docket in the EPA Docket or disclose or provide information to or Activities; Submission to OMB for Center (EPA/DC), EPA West, Room for a Federal agency. This includes the Review and Approval; Comment 3334, 1301 Constitution Avenue, NW., time needed to review instructions; Request; NESHAP for Commercial Washington, DC. The EPA Docket develop, acquire, install, and utilize Ethylene Oxide Sterilization and Center Public Reading Room is open technology and systems for the purposes Fumigation Operations (Renewal), EPA from 8:30 a.m. to 4:30 p.m., Monday of collecting, validating, and verifying ICR Number 1666.08, OMB Control through Friday, excluding legal information, processing and Number 2060–0283 holidays. The telephone number for the maintaining information, and disclosing Reading Room is (202) 566–1744, and AGENCY: Environmental Protection and providing information; adjust the the telephone number for the Agency (EPA). existing ways to comply with any Enforcement and Compliance Docket is previously applicable instructions and ACTION: Notice. (202) 566–1752. Use EPA’s electronic docket and requirements which have subsequently SUMMARY: In compliance with the changed; train personnel to be able to comment system at http:// Paperwork Reduction Act (44 U.S.C. www.regulations.gov, to submit or view respond to a collection of information; 3501 et seq.), this document announces search data sources; complete and public comments, access the index that an Information Collection Request listing of the contents of the docket, and review the collection of information; (ICR) has been forwarded to the Office and transmit or otherwise disclose the to access those documents in the docket of Management and Budget (OMB) for that are available electronically. Once in information. review and approval. This is a request Respondents/Affected Entities: Offsite the system, select ‘‘docket search,’’ then to renew an existing approved key in the docket ID number identified waste and recovery operations. collection. The ICR which is abstracted Estimated Number of Respondents: above. Please note that EPA’s policy is below describes the nature of the that public comments, whether 236. collection and the estimated burden and Frequency of Response: Initially, submitted electronically or in paper, cost. occasionally, and semiannually. will be made available for public Estimated Total Annual Hour Burden: DATES: Additional comments may be viewing at http://www.regulations.gov, 155,212. submitted on or before June 21, 2010. as EPA receives them and without Estimated Total Annual Cost: ADDRESSES: Submit your comments, change, unless the comment contains $14,686,728, which includes referencing docket ID number EPA–HQ– copyrighted material, Confidential $14,681,368 in labor costs, $0 in capital/ OECA–2009–0392, to (1) EPA online Business Information (CBI), or other startup costs, and $5,360 in operation using www.regulations.gov (our information whose public disclosure is and maintenance (O&M) costs. preferred method), or by e-mail to restricted by statute. For further Changes in the Estimates: There is no [email protected], or by mail to: EPA information about the electronic docket, change in the calculation methodology Docket Center (EPA/DC), Environmental go to www.regulations.gov. for labor hours in this ICR compared to Protection Agency, Enforcement and Title: NESHAP for Commercial the previous ICR. This is due to two Compliance Docket and Information Ethylene Oxide Sterilization and considerations: (1) the regulations have Center, mail code 28221T, 1200 Fumigation Operations (Renewal).

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ICR Numbers: EPA ICR Number Respondents/Affected Entities: ADDRESSES: Submit your comments, 1666.08, OMB Control Number 2060– Commercial ethylene oxide sterilization identified by docket identification (ID) 0283. and fumigation operations. number EPA–HQ–OPP–2010–0411, by ICR Status: This ICR is scheduled to Estimated Number of Respondents: one of the following methods: • Federal eRulemaking Portal: http:// expire on July 31, 2010. Under OMB 119. www.regulations.gov. Follow the on– regulations, the Agency may continue to Frequency of Response: Initially, line instructions for submitting conduct or sponsor the collection of occasionally, and semiannually. Estimated Total Annual Hour Burden: comments. information while this submission is 8,662. • Mail: Office of Pesticide Programs pending at OMB. An agency may not Estimated Total Annual Cost: (OPP) Regulatory Public Docket (7502P), conduct or sponsor, and a person is not $1,467,301, which includes $819,301 in Environmental Protection Agency, 1200 required to respond to, a collection of labor costs, $65,000 in capital/startup Pennsylvania Ave., NW., Washington, information unless it displays a costs, and $583,000 in operation and DC 20460–0001. currently valid OMB control number. maintenance (O&M) costs. • Delivery: OPP Regulatory Public The OMB control numbers for EPA’s Changes in the Estimates: There is no Docket (7502P), Environmental regulations in title 40 of the CFR, after change in the labor hours to Protection Agency, Rm. S–4400, One appearing in the Federal Register when respondents in this ICR compared to the Potomac Yard (South Bldg.), 2777 S. approved, are listed in 40 CFR part 9, previous ICR. This is due to two Crystal Dr., Arlington, VA. Deliveries and displayed either by publication in considerations: (1) The regulations have are only accepted during the Docket the Federal Register or by other not changed over the past three years Facility’s normal hours of operation appropriate means, such as on the and are not anticipated to change over (8:30 a.m. to 4 p.m., Monday through related collection instrument or form, if the next three years; and (2) the growth Friday, excluding legal holidays). applicable. The display of OMB control rate for the industry is very low, Special arrangements should be made numbers in certain EPA regulations is negative or non-existent. Therefore, the for deliveries of boxed information. The consolidated in 40 CFR part 9. labor hours in the previous ICR reflect Docket Facility telephone number is Abstract: The affected entities are the current burden to the respondents (703) 305–5805. subject to the General Provisions of the and are reiterated in this ICR. Instructions: Direct your comments to NESHAP at 40 CFR part 63, subpart A, The increase in labor cost to the docket ID number EPA–HQ–OPP–2010– and any changes, or additions to the respondents and the Agency is due to 0411. EPA’s policy is that all comments Provisions specified at 40 CFR part 63, the updating of labor rates to reflect received will be included in the docket without change and may be made subpart O. Owners or operators of the current cost figures. available on-line at http:// affected facilities must submit a one- Dated: May 17, 2010. www.regulations.gov, including any time-only report of any physical or John Moses, personal information provided, unless operational changes, initial performance Director, Collection Strategies Division. the comment includes information tests, and periodic reports and results. [FR Doc. 2010–12276 Filed 5–20–10; 8:45 am] claimed to be Confidential Business Owners or operators are also required to Information (CBI) or other information maintain records of the occurrence and BILLING CODE 6560–50–P whose disclosure is restricted by statute. duration of any startup, shutdown, or Do not submit information that you malfunction in the operation of an ENVIRONMENTAL PROTECTION consider to be CBI or otherwise affected facility, or any period during AGENCY protected through regulations.gov or e- which the monitoring system is mail. The regulations.gov website is an [EPA–HQ–OPP–2010–0411; FRL–8826–7] inoperative. Reports, at a minimum, are ‘‘anonymous access’’ system, which required semiannually. Calcium Hydroxide; Receipt of means EPA will not know your identity Burden Statement: The annual public Application for Emergency Exemption, or contact information unless you reporting and recordkeeping burden for Solicitation of Public Comment provide it in the body of your comment. this collection of information is If you send an e-mail comment directly estimated to average 37 hours per AGENCY: Environmental Protection to EPA without going through response. Burden means the total time, Agency (EPA). regulations.gov, your e-mail address effort, or financial resources expended ACTION: Notice. will be automatically captured and by persons to generate, maintain, retain, included as part of the comment that is or disclose or provide information to or SUMMARY: EPA has received a placed in the docket and made available for a Federal agency. This includes the quarantine exemption request from the on the Internet. If you submit an time needed to review instructions; Hawaii Department of Agriculture to use electronic comment, EPA recommends develop, acquire, install, and utilize the pesticide calcium hydroxide (CAS that you include your name and other technology and systems for the purposes No. 1305–62–0) to treat up to 1,000 contact information in the body of your of collecting, validating, and verifying acres of outdoor potted and field–grown comment and with any disk or CD-ROM information, processing and ornamental plants, groundcover/floors, you submit. If EPA cannot read your maintaining information, and disclosing and perimeters of commercial nurseries comment due to technical difficulties and providing information; adjust the to control Eleutherodactylus frogs. The and cannot contact you for clarification, existing ways to comply with any applicant proposes the use of a new EPA may not be able to consider your previously applicable instructions and chemical which has not been registered comment. Electronic files should avoid requirements which have subsequently by EPA. the use of special characters, any form changed; train personnel to be able to EPA is soliciting public comment of encryption, and be free of any defects respond to a collection of information; before making the decision whether or or viruses. search data sources; complete and not to grant the exemption. Docket: All documents in the docket review the collection of information; DATES: Comments must be received on are listed in the docket index available and transmit or otherwise disclose the or before 15 days after date of at http://www.regulations.gov. Although information. publication in the Federal Register. listed in the index, some information is

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not publicly available, e.g., CBI or other information in a disk or CD-ROM that Act (FIFRA) (7 U.S.C. 136p), at the information whose disclosure is you mail to EPA, mark the outside of the discretion of the Administrator, a restricted by statute. Certain other disk or CD-ROM as CBI and then Federal or State agency may be material, such as copyrighted material, identify electronically within the disk or exempted from any provision of FIFRA is not placed on the Internet and will be CD-ROM the specific information that is if the Administrator determines that publicly available only in hard copy claimed as CBI. In addition to one emergency conditions exist which form. Publicly available docket complete version of the comment that require the exemption. The Hawaii materials are available either in the includes information claimed as CBI, a Department of Agriculture has requested electronic docket at http:// copy of the comment that does not the Administrator to issue a quarantine www.regulations.gov, or, if only contain the information claimed as CBI exemption for the use of calcium available in hard copy, at the OPP must be submitted for inclusion in the hydroxide on outdoor potted and field- Regulatory Public Docket in Rm. S– public docket. Information so marked grown ornamental plants, groundcover/ 4400, One Potomac Yard (South Bldg.), will not be disclosed except in floors, and perimeters of commercial 2777 S. Crystal Dr., Arlington, VA. The accordance with procedures set forth in nurseries to control Eleutherodactylus hours of operation of this Docket 40 CFR part 2. frogs. Information in accordance with 40 Facility are from 8:30 a.m. to 4 p.m., 2. Tips for preparing your comments. CFR part 166 was submitted as part of Monday through Friday, excluding legal When submitting comments, remember this request. holidays. The Docket Facility telephone to: As part of this request, the Hawaii number is (703) 305–5805. i. Identify the document by docket ID Department of Agriculture asserts that FOR FURTHER INFORMATION CONTACT: number and other identifying calcium hydroxide is necessary to Stacey Groce, Registration Division information (subject heading, Federal control the tropical frogs, (7505P), Office of Pesticide Programs, Register date and page number). Eleutherodactylus coqui and E. Environmental Protection Agency, 1200 ii. Follow directions. The Agency may planirostris, two relatively new species Pennsylvania Ave., NW., Washington, ask you to respond to specific questions accidentally introduced to Hawaii from DC 20460–0001; telephone number: or organize comments by referencing a infested nursery plants. These species (703) 305–2505; fax number: (703) 605– Code of Federal Regulations (CFR) part are native to the Caribbean, although 0781; e-mail address: or section number. one or both species is established on the [email protected]. iii. Explain why you agree or disagree; continental United States in Florida, suggest alternatives and substitute SUPPLEMENTARY INFORMATION: Louisiana, and Alabama. E. coqui is language for your requested changes. now firmly established on Maui, and the I. General Information iv. Describe any assumptions and island of Hawaii with smaller provide any technical information and/ A. Does this Action Apply to Me? populations on Kauai and Oahu; E. or data that you used. planirostris is also found on Kauai, v. If you estimate potential costs or You may be potentially affected by Oahu, Maui, and the island of Hawaii. burdens, explain how you arrived at this action if you are an agricultural The sites where they are established your estimate in sufficient detail to producer, food manufacturer, or include commercial plant nurseries, pesticide manufacturer. Potentially allow for it to be reproduced. vi. Provide specific examples to residential areas, resorts and hotels, affected entities may include, but are forest habitats, and natural areas. The not limited to: illustrate your concerns and suggest • alternatives. Eleutherodactylus coqui and E. Crop production (NAICS code 111). planirostris species are spread to • Animal production (NAICS code vii. Explain your views as clearly as additional sites primarily through the 112). possible, avoiding the use of profanity • Food manufacturing (NAICS code or personal threats. transportation of infested plant 311). viii. Make sure to submit your materials to uninfested areas. • Pesticide manufacturing (NAICS comments by the comment period Further, the applicant asserts, that code 32532). deadline identified. there is great concern that these tropical This listing is not intended to be 3. Environmental justice. EPA seeks to frogs pose a threat to the native exhaustive, but rather provides a guide achieve environmental justice, the fair Hawaiian forest ecosystem, including for readers regarding entities likely to be treatment and meaningful involvement many endangered species. In particular, affected by this action. Other types of of any group, including minority and/or Eleutherodactylus frogs have the entities not listed in this unit could also low income populations, in the potential to be a serious threat to native be affected. The North American development, implementation, and endangered bird species. The E. coqui Industrial Classification System enforcement of environmental laws, may exert predation pressure on a wide (NAICS) codes have been provided to regulations, and policies. To help variety of native anthropods, many of assist you and others in determining address potential environmental justice which are already stressed because of whether this action might apply to issues, the Agency seeks information on the establishment of other alien certain entities. If you have any any groups or segments of the predators and parasitoids. In addition, questions regarding the applicability of population who, as a result of their these frog species will compete for this action to a particular entity, consult location, cultural practices, or other insect food sources with native birds, the person listed under FOR FURTHER factors, may have atypical or the majority of which are partially or INFORMATION CONTACT. disproportionately high and adverse completely insectivorous. The Hawaiian human health impacts or environmental hoary bat and many anthropod species B. What Should I Consider as I Prepare effects from exposure to the pesticide also depend upon insects and spiders as My Comments for EPA? discussed in this document, compared food sources. According to the 1. Submitting CBI. Do not submit this to the general population. quarantine exemption application, information to EPA through another concern is that the rapid www.regulations.gov or e-mail. Clearly II. What Action is the Agency Taking? increase in the populations of these frog mark the part or all of the information Under section 18 of the Federal species could provide a food source and that you claim to be CBI. For CBI Insecticide, Fungicide, and Rodenticide increase the already large populations of

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introduced predators, such as rats and Dated: May 12, 2010. separate Federal Register Notice. EPA mongooses. Lois Rossi, intends to forward all public comments EPA granted the Hawaii Department Director, Registration Division, Office of submitted before July 7, 2010, in of Agriculture a quarantine exemption Pesticide Programs. response to this notice to the SAB peer in 2005 for use of calcium hydroxide to [FR Doc. 2010–12100 Filed 5–20–10; 8:45 am] review panel for their consideration. Members of the public who wish to control Eleutherodactylus frogs. This BILLING CODE 6560–50–S quarantine exemption program expired ensure that their technical comments on April 26, 2008. The applicant are provided to the SAB expert panel withdrew a subsequent request in 2008 ENVIRONMENTAL PROTECTION before each meeting should also e-mail for use of calcium hydroxide on 4,000 AGENCY their comments separately to Thomas acres of outdoor plant nurseries, Armitage, the SAB Designated Federal [FRL–9154–2; Docket ID No. EPA–HQ–ORD– Officer at [email protected], residential areas, resorts and hotels, 2010–0395] parks, forest habitats, and natural areas following the procedures in the Federal throughout the entire state of Hawaii. Draft EPA’s Reanalysis of Key Issues Register Notice announcing the SAB Related to Dioxin Toxicity and public meetings. When completing this In this request, the Hawaii Response to NAS Comments draft dioxin report, EPA will consider Department of Agriculture’s projected any written public comments that EPA acreage for 2010–2012 is 1,000 acres on AGENCY: Environmental Protection receives in accordance with the detailed outdoor potted and field-grown Agency (EPA). instructions provided below under ornamental plants, groundcover/floors, ACTION: Notice of Public Comment SUPPLEMENTARY INFORMATION. The public and perimeters of commercial nurseries Period. comment period and SAB external peer throughout the state of Hawaii in the review are independent processes that SUMMARY: following counties: Honolulu, Maui, EPA is announcing a 90-day provide separate opportunities for all Kauai, and Hawaii. According to the public comment period for the external interested parties to comment on the review draft entitled, ‘‘EPA’s Reanalysis current submission, use of calcium draft report. hydroxide is proposed for application as of Key Issues Related to Dioxin Toxicity EPA is releasing this draft report ’’ follows: and Response to NAS Comments (EPA/ solely for the purpose of pre- 600/R–10/038A). This draft report 1. For dust application at 500 pounds dissemination peer review under responds to the key recommendations applicable information quality per acre (485 lbs. active ingredient (a.i.) and comments included in the National guidelines. This draft report has not per acre). Academy of Sciences (NAS) 2006 been formally disseminated by EPA. It report. In addition, it includes new 2. For foliar applications on potted or does not represent and should not be analyses on potential human effects that field-grown outdoor ornamental plants construed to represent any Agency may result from exposure to 2,3,7,8- at 250 pounds of product per acre (242.5 policy or determination. lbs. a.i. per acre) at a 3% dilution. tetrachlorodibenzo-p-dioxin (TCDD). DATES: The public comment period 3. For foliar applications on These analyses have not been in previous versions of draft reports related begins May 21, 2010, and ends August vegetation of nursery perimeters or as a to EPA’s dioxin reassessment activity. 19, 2010. Comments should be in soil drench at 500 pounds per acre (485 This draft report is now considered to writing and must be received by EPA by lbs. a.i. per acre) at a 6% dilution. A be under EPA’s Integrated Risk August 19, 2010. maximum of twelve applications may be Information System (IRIS) program, and Due to the timing of the SAB’s peer made per site per year. Therefore, a total thus, the new IRIS process announced review meeting, EPA can only guarantee maximum of 18,000,000 lbs. (9,000 tons) in May 2009 (http://www.epa.gov/iris/ that those comments received by July 7, of product or 17,280,000 lbs. (8,640 process/) is being followed. Per the May 2010, in response to this Federal tons) of a.i. of calcium hydroxide can be 2009 process, this draft report is Register notice will be provided to the applied to treated areas under this beginning Step 4—independent external SAB panel prior to the SAB meeting. request. peer review and public review and Comments received after July 7, will This notice does not constitute a comment. This draft dioxin report was still be provided to the SAB panel and decision by EPA on the application prepared by the National Center for will also inform the Agency’s revision of itself. The regulations governing section Environmental Assessment (NCEA) the draft report. 18 of FIFRA require publication of a within the EPA Office of Research and ADDRESSES: The external review draft notice of receipt of an application for a Development (ORD). titled, ‘‘EPA’s Reanalysis of Key Issues quarantine exemption proposing use of The draft document, ‘‘EPA’s Related to Dioxin Toxicity and calcium hydroxide which has not been Reanalysis of Key Issues Related to Response to NAS Comments’’ (EPA/600/ registered by EPA. Dioxin Toxicity and Response to NAS R–10/038A) is available primarily via The notice provides an opportunity Comments,’’ is also being provided to the Internet on the NCEA home page for public comment on this proposed EPA’s Science Advisory Board (SAB), a under the Recent Additions and application. body established under the Federal Publications menus at http:// Advisory Committee Act, for www.epa.gov/ncea. A limited number of The Agency will review and consider independent external peer review. The paper copies are available from the all comments received during the SAB will convene an expert panel Information Management Team comment period in determining composed of scientists knowledgeable (Address: Information Management whether to issue the quarantine about technical issues related to dioxins Team, National Center for exemption requested by the Hawaii and risk assessment. The SAB is Environmental Assessment (Mail Code: Department of Agriculture. expected to hold a public teleconference 8601P), U.S. Environmental Protection List of Subjects on or about June 24, 2010, and a public Agency, 1200 Pennsylvania Avenue, panel meeting on July 13–15, 2010. The NW., Washington, DC 20460; telephone: Environmental protection, Pesticides SAB peer review meetings will be 703–347–8561; facsimile: 703–347– and pests. announced by the SAB staff office in a 8691). If you request a paper copy,

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please provide your name, mailing comment, includes significant new Center Public Reading Room is open address, and the assessment title. analyses on both the potential cancer from 8:30 a.m. to 4:30 p.m., Monday Comments may be submitted and noncancer human health effects through Friday, excluding legal electronically via http:// that may result from exposures to holidays. The telephone number for the www.regulations.gov, by e-mail, by mail, TCDD. For instance, this draft report Public Reading Room is 202–566–1744. by facsimile, or by hand delivery/ addresses the explicit recommendation Deliveries are only accepted during the courier. Please follow the detailed of the NAS to develop a quantitative docket’s normal hours of operation, and instructions provided in the risk estimate for noncancer effects that special arrangements should be made SUPPLEMENTARY INFORMATION section of may result from long-term (chronic) oral for deliveries of boxed information. If this notice. exposure to dioxins. Thus, this draft you provide comments by hand FOR FURTHER INFORMATION CONTACT: For dioxin report includes an oral reference delivery, please submit one unbound information on the docket, dose (RfD) for TCDD—the most well- original with pages numbered regulations.gov or public comment studied and considered to be among the consecutively, and three copies of the period, please contact the Office of most toxic of the dioxin-like comments. For attachments, provide an Environmental Information (OEI) Docket compounds. An RfD was not in the 2003 index, number pages consecutively with (Mail Code: 2822T), U.S. Environmental draft dioxin reassessment. the comments, and submit an unbound Protection Agency, 1200 Pennsylvania In addition, in 2003, EPA and other original and three copies. Ave., NW., Washington, DC 20460; federal agencies developed a set of Instructions: Direct your comments to telephone: 202–566–1752; facsimile: questions and answers related to Docket ID No. EPA–HQ–ORD–2010– 202–566–1753; or e-mail: dioxins, which have been updated about 0395. Please ensure that your comments [email protected]. every year and a half. These materials are submitted within the specified For information on the draft report, have again been updated to include comment period. Comments received please contact Linda C. Tuxen, National more recent information. These after the closing date will be marked ‘‘ ’’ Center for Environmental Assessment questions and answers provide general late, and may only be considered if time permits. It is EPA’s policy to (8601P), U.S. Environmental Protection information on dioxins such as what include all comments it receives in the Agency, 1200 Pennsylvania Avenue, they are, where they can be found, and public docket without change and to NW., Washington, DC 20460; telephone: major sources of dioxins. They also make the comments available online at 703–347–8609; facsimile: 703–347– discuss possible effects of dioxin http://www.regulations.gov, including 8699; or e-mail: [email protected]. exposure in humans, include advice about consumption of food that might any personal information provided, SUPPLEMENTARY INFORMATION: contain dioxins, and explain the review unless comments include information I. Information About the Draft Report, process for the dioxin reassessment. For claimed to be Confidential Business ‘‘EPA’s Reanalysis of Key Issues Related additional information on dioxins and Information (CBI) or other information to Dioxin Toxicity and Response to on EPA’s overall dioxin assessment whose disclosure is restricted by statute. NAS Comments’’ activity, these questions and answers Do not submit information that you may be accessed at: http://www.fda.gov/ consider to be CBI or otherwise In 2003, EPA, along with other federal protected through http:// agencies, asked the NAS to review Food/FoodSafety/ FoodContaminantsAdulteration/ www.regulations.gov or e-mail. The aspects of the science in EPA’s draft http://www.regulations.gov Web site is dioxin reassessment entitled, ‘‘Exposure ChemicalContaminants/DioxinsPCBs/ ucm077524.htm. an ‘‘anonymous access’’ system, which and Human Health Reassessment of means EPA will not know your identity 2,3,7,8-Tetrachlorodibenzo-p-Dioxin II. How To Submit Comments to the or contact information unless you (TCDD) and Related Compounds,’’ and, Docket at http://www.regulations.gov provide it in the body of your in 2004, EPA sent a 2003 external Submit your comments, identified by comments. If you send e-mail comments review draft dioxin reassessment to the Docket ID No. EPA–HQ–ORD–2010– directly to EPA without going through NAS for their peer review. The NAS 0395, by one of the following methods: http://www.regulations.gov, your e-mail held several public meetings during • http://www.regulations.gov: Follow address will be automatically captured their review of the draft reassessment the on-line instructions for submitting and included as part of the comments and on July 11, 2006, released the final comments. that are placed in the public docket and report of their review entitled, ‘‘Health • E-mail: [email protected]. made available on the Internet. If you Risks from Dioxin and Related • Facsimile: 202–566–1753. submit electronic comments, EPA Compounds: Evaluation of the EPA • Mail: Office of Environmental recommends that you include your Reassessment.’’ Information (OEI) Docket (Mail Code: name and other contact information in The NAS identified three key areas in 2822T), U.S. Environmental Protection the body of your comments and with the 2003 draft reassessment that Agency, 1200 Pennsylvania Ave., NW., any disk or CD–ROM you submit. If EPA required substantial improvement to Washington, DC 20460. The telephone cannot read your comments due to support a more scientifically robust risk number is 202–566–1752. If you provide technical difficulties and cannot contact characterization. These three areas were: comments by mail, please submit one you for clarification, EPA may not be (1) Justification of approaches to dose- unbound original with pages numbered able to consider your comments. response modeling for cancer and non- consecutively, and three copies of the Electronic files should avoid the use of cancer endpoints; (2) transparency and comments. For attachments, provide an special characters and any form of clarity in selection of key data sets for index, number pages consecutively with encryption and be free of any defects or analysis; and (3) transparency, the comments, and submit an unbound viruses. For additional information thoroughness, and clarity in quantitative original and three copies. about EPA’s public docket, visit the EPA uncertainty analysis. The NAS provided • Hand Delivery: The OEI Docket is Docket Center homepage at http:// EPA with recommendations to address located in the EPA Headquarters Docket www.epa.gov/epahome/dockets.htm. their key concerns. Center, EPA West Building, Room 3334, Docket: All documents in the docket EPA’s draft dioxin report, which is 1301 Constitution Ave., NW., are listed in the http:// being provided for public review and Washington, DC. The EPA Docket www.regulations.gov index. Although

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listed in the index, some information is 21/2010, Contact: Robert W. Rock EIS No. 20100182, Draft EIS, USACE, not publicly available, e.g., CBI or other 541–523–1242. LA, Small Diversion at Convent/Blind information whose disclosure is EIS No. 20100175, Draft EIS, USN, 00, River, Proposes to construct a restricted by statute. Certain other United States Marine Corps Joint Freshwater Diversion Project, material, such as copyrighted material, Strike Fighter F–35B West Coast Integrated Feasibility Study, will be publicly available only in hard Basing, To Efficiently and Effectively Louisiana Coastal Area, St. James copy. Publicly available docket Maintain Combat Capability and Parish, LA, Comment Period Ends: materials are available either Mission Readiness, CA and AZ, 07/05/2010, Contact: Dr. William P. electronically at http:// Comment Period Ends: 07/05/2010, Klein, Jr. 504–862–2540. www.regulations.gov or in hard copy at Contact: Adrianne Saboya 619–532– EIS No. 20100183, Draft EIS, USACE, the OEI Docket in the EPA Headquarters 4742. LA, Amite River Diversion Canal Docket Center. EIS No. 20100176, Final EIS, USN, WA, Modification Element of the Section Naval Sea Systems Command 7006(E)(3) Ecosystem Restoration Dated: May 17, 2010. (NAVSEA). Naval Undersea Warfare Project, Feasibility Study, Louisiana Rebecca Clark, Center (NUWC), Keyport Complex Coastal Area (LCA) Ascension and Acting Director, National Center for Extension, Propose to Extend the Livingston Parishes, LA, Comment Environmental Assessment. Operational Areas, Three Distinct Period Ends: 07/05/2010, Contact: Dr. [FR Doc. 2010–12280 Filed 5–20–10; 8:45 am] Range Sites: Keyport Range Site; William P. Klein, Jr. 504–862–2540. BILLING CODE 6560–50–P Dabob Bay Range Complex (DBRC) Dated: May 18, 2010. Site, Quinault Underwater Tracking Range Site, Gray Harbor, Jefferson, Ken Mittelholtz, ENVIRONMENTAL PROTECTION Kitsap and Mason Counties, WA, Wait Deputy Director, NEPA Compliance Division, AGENCY Period Ends: 06/21/2010, Contact: Office of Federal Activities. [FR Doc. 2010–12262 Filed 5–20–10; 8:45 am] [ER–FRL–8990–5] Kimberly Kler 360–396–0927. EIS No. 20100177, Draft EIS, USFS, MN, BILLING CODE 6560–50–P Environmental Impact Statements; Tracks Project, Proposing Forest Notice of Availability Vegetation Management and Related Transportation System Activities, DEPARTMENT OF THE TREASURY Responsible Agency: Office of Federal Superior National Forest, St. Louis Activities, General Information (202) and Lake Counties, MN, Comment Office of the Comptroller of the 564–1399 or http://www.epa.gov/ Period Ends: 07/05/2010, Contact: Currency compliance/nepa/. Susan Duffy 218–365–2097. Weekly receipt of Environmental Impact EIS No. 20100178, Draft EIS, USACE, FEDERAL RESERVE SYSTEM Statements Filed 05/10/2010 Through LA, Medium Diversion at White 05/14/2010 Pursuant to 40 CFR Ditch, Integrated Feasibility Study, FEDERAL DEPOSIT INSURANCE 1506.9. Louisiana Coastal Area (LCA) CORPORATION Notice Ecosystem Restoration, Implementation, Plaquemines Parish, DEPARTMENT OF THE TREASURY In accordance with Section 309(a) of LA, Comment Period Ends: 07/05/ the Clean Air Act, EPA is required to 2010, Contact: Dr. Nathan Dayan 504– Office of Thrift Supervision make its comments on EISs issued by 862–2530. Proposed Agency Information other Federal agencies public. EIS No. 20100179, Final EIS, TVA, AL, Collection Activities; Comment Historically, EPA has met this mandate Bellefonte Site Single Nuclear Unit Request by publishing weekly notices of Project, Proposes to Complete or availability of EPA comments, which Construct and Operate a Single 1,100– AGENCIES: Office of the Comptroller of includes a brief summary of EPA’s 1, 200 MW Nuclear Generation Unit, the Currency (OCC), Treasury; Board of comment letters, in the Federal Jackson County, AL, Wait Period Governors of the Federal Reserve Register. Since February 2008, EPA has Ends: 06/21/2010, Contact: Ruth System (Board); Federal Deposit been including its comment letters on Horton 865–632–3719. Insurance Corporation (FDIC); and EISs on its Web site at: http:// EIS No. 20100180, Draft EIS, USACE, Office of Thrift Supervision (OTS), www.epa.gov/compliance/nepa/ LA, Convey Atchafalaya River Water Treasury. eisdata.html. Including the entire EIS to Northern Terrebonne Marshes and ACTION: Joint notice and request for comment letters on the Web site Multipurpose Operation of Houma comment. satisfies the Section 309(a) requirement Navigation Lock, Integrated to make EPA’s comments on EISs Feasibility Study, Louisiana Coastal SUMMARY: In accordance with the available to the public. Accordingly, on Area (LCA) Implementation, requirements of the Paperwork March 31, 2010, EPA discontinued the Lafourche, Terrebonne, St. Mary Reduction Act (PRA) of 1995 (44 U.S.C. publication of the notice of availability Parish, LA, Comment Period Ends: chapter 35), the OCC, the Board, the of EPA comments in the Federal 07/05/2010, Contact: Dr. Nathan FDIC, and the OTS (the ‘‘agencies’’) may Register. Dayan 504–862–2530. not conduct or sponsor, and the EIS No. 20100174, Final EIS, USFS, 00, EIS No. 20100181, Final EIS, DOE, MS, respondent is not required to respond Wallowa-Whitman National Forest Kemper County Integrated to, an information collection unless it Invasive Plants Treatment Project, To Gasification Combined-Cycle (IGCC) displays a currently valid Office of Protect Native Vegetation by Project, Construction and Operation Management and Budget (OMB) control Controlling, Containing, or of Advanced Power Generation Plant, number. The Federal Financial Eradicating Invasive Plant, Wallowa, U.S. Army COE Section 404 Permit, Institutions Examination Council Baker, Malheur and Grant Counties, Kemper County, MS, Wait Period (FFIEC), of which the agencies are OR and Adams and Nez Perce Ends: 06/21/2010, Contact: Richard A. members, has approved the agencies’ Counties, ID, Wait Period Ends: 06/ Hargis, Jr. 888–322–7426 Ext. 6065. publication for public comment of a

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proposal to extend, with revision, the • Federal eRulemaking Portal: http:// • Federal eRulemaking Portal: http:// Consolidated Reports of Condition and www.regulations.gov. Follow the www.regulations.gov. Follow the Income (Call Report) for banks, the instructions for submitting comments. instructions for submitting comments. Thrift Financial Report (TFR) for • E-mail: • E-mail address: savings associations, the Report of [email protected]. [email protected]. Assets and Liabilities of U.S. Branches Include reporting form number in the Please include ‘‘1550–0023 (TFR: and Agencies of Foreign Banks (FFIEC subject line of the message. Schedule DI Revisions)’’ in the subject 002), and the Report of Assets and • FAX: (202) 452–3819 or (202) 452– line of the message and include your Liabilities of a Non-U.S. Branch that is 3102. name and telephone number in the Managed or Controlled by a U.S. Branch • Mail: Jennifer J. Johnson, Secretary, message. • or Agency of a Foreign (Non-U.S.) Bank Board of Governors of the Federal Fax: (202) 906–6518. • (FFIEC 002S), all of which are currently Reserve System, 20th Street and Mail: Information Collection approved collections of information. At Constitution Avenue, NW., Washington, Comments, Chief Counsel’s Office, the end of the comment period, the DC 20551. Office of Thrift Supervision, 1700 G comments and recommendations Street, NW., Washington, DC 20552, received will be analyzed to determine All public comments are available Attention: ‘‘1550–0023 (TFR: Schedule the extent to which the FFIEC and the from the Board’s Web site at http:// DI Revisions).’’ agencies should modify the proposed www.federalreserve.gov/generalinfo/ • Hand Delivery/Courier: Guard’s revisions prior to giving final approval. foia/ProposedRegs.cfm as submitted, Desk, East Lobby Entrance, 1700 G The agencies will then submit the unless modified for technical reasons. Street, NW., from 9 a.m. to 4 p.m. on revisions to OMB for review and Accordingly, your comments will not be business days, Attention: Information approval. edited to remove any identifying or Collection Comments, Chief Counsel’s contact information. Public comments Office, Attention: ‘‘1550–0023 (TFR: DATES: Comments must be submitted on may also be viewed electronically or in or before July 20, 2010. Schedule DI Revisions).’’ paper in Room MP–500 of the Board’s Instructions: All submissions received ADDRESSES: Interested parties are Martin Building (20th and C Streets, must include the agency name and OMB invited to submit written comments to NW.) between 9 a.m. and 5 p.m. on any or all of the agencies. All comments, Control Number for this information weekdays. collection. All comments received will which should refer to the OMB control FDIC: You may submit comments, number(s), will be shared among the be posted without change to the OTS which should refer to ‘‘Consolidated Internet Site at http://www.ots.treas.gov/ agencies. Reports of Condition and Income, 3064– OCC: You should direct all written pagehtml.cfm?catNumber=67&an=1, 0052,’’ by any of the following methods: including any personal information comments to: Communications • Agency Web Site: http:// provided. Division, Office of the Comptroller of www.fdic.gov/regulations/laws/federal/ the Currency, Public Information Room, Docket: For access to the docket to propose.html. Follow the instructions read background documents or Mailstop 2–3, Attention: 1557–0081, for submitting comments on the FDIC 250 E Street, SW., Washington, DC comments received, go to http:// Web site. www.ots.treas.gov/ 20219. In addition, comments may be • Federal eRulemaking Portal: http:// sent by fax to (202) 874–5274, or by pagehtml.cfm?catNumber=67&an=1. In www.regulations.gov. Follow the addition, you may inspect comments at electronic mail to instructions for submitting comments. [email protected]. You may the Public Reading Room, 1700 G Street, • E-mail: [email protected]. personally inspect and photocopy NW., by appointment. To make an Include ‘‘Consolidated Reports of comments at the OCC, 250 E Street, appointment for access, call (202) 906– Condition and Income, 3064–0052’’ in SW., Washington, DC 20219. For 5922, send an e-mail to the subject line of the message. [email protected], or send a security reasons, the OCC requires that • visitors make an appointment to inspect Mail: Gary A. Kuiper, (202) 898– facsimile transmission to (202) 906– comments. You may do so by calling 3877, Counsel, Attn: Comments, Room 7755. (Prior notice identifying the (202) 874–4700. Upon arrival, visitors F–1072, Federal Deposit Insurance materials you will be requesting will will be required to present valid Corporation, 550 17th Street, NW., assist us in serving you.) We schedule government-issued photo identification Washington, DC 20429. appointments on business days between • and to submit to security screening in Hand Delivery: Comments may be 10 a.m. and 4 p.m. In most cases, order to inspect and photocopy hand delivered to the guard station at appointments will be available the next comments. the rear of the 550 17th Street Building business day following the date we Board: You may submit comments, (located on F Street) on business days receive a request. which should refer to ‘‘Consolidated between 7 a.m. and 5 p.m. Additionally, commenters may send a Reports of Condition and Income (FFIEC Public Inspection: All comments copy of their comments to the OMB 031 and 041)’’ or ‘‘Report of Assets and received will be posted without change desk officer for the agencies by mail to Liabilities of U.S. Branches and to http://www.fdic.gov/regulations/laws/ the Office of Information and Regulatory Agencies of Foreign Banks (FFIEC 002) federal/propose.html including any Affairs, U.S. Office of Management and and Report of Assets and Liabilities of personal information provided. Budget, New Executive Office Building, a Non-U.S. Branch that is Managed or Comments may be inspected at the FDIC Room 10235, 725 17th Street, NW., Controlled by a U.S. Branch or Agency Public Information Center, Room E– Washington, DC 20503, or by fax to of a Foreign (Non-U.S.) Bank (FFIEC 1002, 3501 Fairfax Drive, Arlington, VA (202) 395–6974. 002S),’’ by any of the following methods: 22226, between 9 a.m. and 5 p.m. on FOR FURTHER INFORMATION CONTACT: For • Agency Web Site: http:// business days. further information about the revisions www.federalreserve.gov. Follow the OTS: You may submit comments, discussed in this notice, please contact instructions for submitting comments identified by ‘‘1550–0023 (TFR: any of the agency clearance officers on the http://www.federalreserve.gov/ Schedule DI Revisions),’’ by any of the whose names appear below. In addition, generalinfo/foia/ProposedRegs.cfm. following methods: copies of the Call Report, FFIEC 002,

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and FFIEC 002S forms can be obtained Estimated Time per Response: 39.68 given confidential treatment. The FFIEC at the FFIEC’s Web site (http:// burden hours. 002S is given confidential treatment [5 www.ffiec.gov/ffiec_report_forms.htm). Estimated Total Annual Burden: U.S.C. 552(b)(4)]. Copies of the TFR can be obtained from 774,554 burden hours. Abstracts the OTS’s Web site (http:// The estimated time per response for www.ots.treas.gov/ the Call Report is an average that varies Call Report and TFR: Institutions main.cfm?catNumber=2&catParent=0). by agency because of differences in the submit Call Report and TFR data to the OCC: Mary Gottlieb, OCC Clearance composition of the institutions under agencies each quarter for the agencies’ Officer, (202) 874–5090, Legislative and each agency’s supervision (e.g., size use in monitoring the condition, Regulatory Activities Division, Office of distribution of institutions, types of performance, and risk profile of the Comptroller of the Currency, 250 E activities in which they are engaged, individual institutions and the industry Street, SW., Washington, DC 20219. and existence of foreign offices). The as a whole. Call Report and TFR data Board: Michelle E. Shore, Federal average reporting burden for the Call provide the most current statistical data Reserve Board Clearance Officer, (202) Report is estimated to range from 16 to available for evaluating institutions’ 452–3829, Division of Research and 655 hours per quarter, depending on an corporate applications, for identifying Statistics, Board of Governors of the individual institution’s circumstances. areas of focus for both on-site and off- Federal Reserve System, 20th and C 2. Report Title: Thrift Financial site examinations, and for monetary and Streets, NW., Washington, DC 20551. Report (TFR). other public policy purposes. The Telecommunications Device for the Deaf Form Number: OTS 1313 (for savings agencies use Call Report and TFR data (TDD) users may call (202) 263–4869. associations). in evaluating interstate merger and FDIC: Gary A. Kuiper, Counsel, (202) Frequency of Response: Quarterly; acquisition applications to determine, as 898–3877, Legal Division, Federal Annually. required by law, whether the resulting Deposit Insurance Corporation, 550 17th Affected Public: Business or other for- institution would control more than ten Street, NW., Washington, DC 20429. profit. percent of the total amount of deposits OTS: Ira L. Mills, OTS Clearance of insured depository institutions in the OTS Officer, at [email protected], (202) United States. Call Report and TFR data 906–6531, or facsimile number (202) OMB Number: 1550–0023. are also used to calculate all 906–6518, Litigation Division, Chief Estimated Number of Respondents: institutions’ deposit insurance and Counsel’s Office, Office of Thrift 771 savings associations. Financing Corporation assessments, Supervision, 1700 G Street, NW., Estimated Time per Response: 37.5 national banks’ semiannual assessment Washington, DC 20552. burden hours. fees, and the OTS’s assessments on savings associations. SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden: The FFIEC 002 and FFIEC 002S: On a agencies are proposing to revise and 185,158 burden hours. 3. Report Titles: Report of Assets and quarterly basis, all U.S. branches and extend for three years the Call Report, agencies of foreign banks are required to the TFR, the FFIEC 002, and the FFIEC Liabilities of U.S. Branches and Agencies of Foreign Banks; Report of file the FFIEC 002, which is a detailed 002S, which are currently approved report of condition with a variety of collections of information. Assets and Liabilities of a Non-U.S. Branch that is Managed or Controlled by supporting schedules. This information 1. Report Title: Consolidated Reports is used to fulfill the supervisory and of Condition and Income (Call Report). a U.S. Branch or Agency of a Foreign (Non-U.S.) Bank. regulatory requirements of the Form Number: Call Report: FFIEC 031 International Banking Act of 1978. The (for banks with domestic and foreign Form Numbers: FFIEC 002; FFIEC 002S. data are also used to augment the bank offices) and FFIEC 041 (for banks with credit, loan, and deposit information domestic offices only). Board needed for monetary policy and other Frequency of Response: Quarterly. public policy purposes. The FFIEC 002S Affected Public: Business or other for- OMB Number: 7100–0032. is a supplement to the FFIEC 002 that profit. Frequency of Response: Quarterly. Affected Public: U.S. branches and collects information on assets and OCC agencies of foreign banks. liabilities of any non-U.S. branch that is OMB Number: 1557–0081. Estimated Number of Respondents: managed or controlled by a U.S. branch Estimated Number of Respondents: FFIEC 002—240; FFIEC 002S—60. or agency of the foreign bank. Managed 1,512 national banks. Estimated Time per Response: FFIEC or controlled means that a majority of Estimated Time per Response: 49.64 002—25.05 hours; FFIEC 002S—6 the responsibility for business decisions burden hours. hours. (including but not limited to decisions Estimated Total Annual Burden: Estimated Total Annual Burden: with regard to lending or asset 300,223 burden hours. FFIEC 002—24,048 hours; FFIEC 002S— management or funding or liability 1,440 hours. management) or the responsibility for Board recordkeeping in respect of assets or General Description of Reports OMB Number: 7100–0036. liabilities for that foreign branch resides Estimated Number of Respondents: These information collections are at the U.S. branch or agency. A separate 843 State member banks. mandatory: 12 U.S.C. 161 (for national FFIEC 002S must be completed for each Estimated Time per Response: 55.04 banks), 12 U.S.C. 324 (for State member managed or controlled non-U.S. branch. burden hours. banks), 12 U.S.C. 1817 (for insured State The FFIEC 002S must be filed quarterly Estimated Total Annual Burden: nonmember commercial and savings along with the U.S. branch or agency’s 185,595 burden hours. banks), 12 U.S.C. 1464 (for savings FFIEC 002. The data from both reports associations), and 12 U.S.C. 3105(c)(2), are used for: (1) Monitoring deposit and FDIC 1817(a), and 3102(b) (for U.S. branches credit transactions of U.S. residents; (2) OMB Number: 3064–0052. and agencies of foreign banks). Except monitoring the impact of policy Estimated Number of Respondents: for selected data items, the Call Report, changes; (3) analyzing structural issues 4,880 insured State nonmember banks. the TFR, and the FFIEC 002 are not concerning foreign bank activity in U.S.

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markets; (4) understanding flows of through June 30, 2010, with certain report date in Call Report Schedule RC– banking funds and indebtedness of modifications to the program.3 O, Memorandum items 4.a and 4.b; TFR developing countries in connection with The TAG program continues to Schedule DI, items DI570 and DI575; data collected by the International provide essential support to the banking and FFIEC 002 Schedule O, Monetary Fund and the Bank for industry, particularly as community Memorandum items 4.a and 4.b. By the International Settlements that are used banks remain distressed. Nearly 6,400 very nature of these transaction in economic analysis; and (5) assisting insured depository institutions, accounts, the account balances are in the supervision of U.S. offices of representing approximately 80 percent volatile, fluctuating greatly on any given foreign banks. The Federal Reserve of the industry, continue to participate day due to the operational nature of the System collects and processes these in the TAG program and benefit from deposits, such as for payrolls, and reports on behalf of the OCC, the Board, the guarantee provided by the FDIC. withdrawals made by typical business and the FDIC. These institutions held an estimated customers. Therefore, in response to the $340 billion of deposits in accounts April 2010 interim rule’s modification Current Actions currently subject to the FDIC’s guarantee of the basis upon which a participating as of the end of 2009. Of these, $266 institution’s assessment is calculated In October 2008, the FDIC Board of billion represented amounts above the from quarter-end reporting to average Directors adopted the Temporary insured deposit limit and guaranteed by daily balance reporting for TAG Liquidity Guarantee Program (TLGP) the FDIC through its TAG program. program-related accounts, the agencies following a determination of systemic To provide additional stability for are proposing to change the basis for risk by the Secretary of the Treasury participating insured depository reporting in the items identified above. (after consultation with the President) institutions and enhance the likelihood Accordingly, the agencies are proposing that was supported by recommendations of a continuing and sustainable that the total dollar amount of TAG from the FDIC and the Board. The TLGP economic recovery in the financial program-qualifying accounts and the is part of an ongoing and coordinated sector, on April 13, 2010, the FDIC total number of such accounts would be effort by the FDIC, the U.S. Department Board adopted an interim rule (with a reported as an average daily balance of the Treasury, and the Board to request for comment) extending the rather than as a quarter-end amount address unprecedented disruptions in TAG program for six months through beginning with the September 30, 2010, the financial markets and preserve December 31, 2010, with the possibility report date for the Call Report, the TFR, confidence in the American economy. of an additional 12-month extension, and the FFIEC 002. The amounts to be To facilitate the FDIC’s administration through December 31, 2011, without reported as daily averages would be the of the TLGP, the FDIC Board approved further rulemaking upon a total dollar amount of the noninterest- an interim rule on October 23, 2008,1 determination by the FDIC Board that bearing transactions accounts, as continuing economic difficulties and a final rule on November 21, 2008.2 defined in the April 2010 interim rule, warrant such an extension.4 Although The TLGP comprises two distinct of more than $250,000 for each calendar the April 2010 interim rule proposes no components: the Debt Guarantee day during the quarter divided by the increase in fees for continued Program (DGP), pursuant to which the number of calendar days in the quarter. participation in the TAG program, it FDIC guarantees certain senior For days that an office of the reporting modifies the basis upon which a institution is closed (e.g., Saturdays, unsecured debt issued by entities participating institution’s assessment is Sundays, or holidays), the amounts participating in the TLGP, and the calculated to reflect a change from outstanding from the previous business Transaction Account Guarantee (TAG) quarter-end reporting to average daily day would be used. The total number of program, pursuant to which the FDIC balance reporting for TAG-related guarantees all funds held at accounts. In addition, in order to align accounts to be reported would be participating insured depository NOW accounts covered by the TAG calculated on the same basis. Thus, all institutions (beyond the maximum program with current market rates and insured depository institutions that do deposit insurance limit) in qualifying to ensure that the program is not used not opt out of the extension of the TAG noninterest-bearing transaction inappropriately by institutions to attract program must establish procedures to accounts. The November 2008 final rule interest-rate-sensitive deposits to fund gather the necessary daily data included certain qualifying NOW risky activities, the April 2010 interim beginning July 1, 2010. accounts, among other accounts, as a rule reduces the interest rate on NOW Request for Comment type of noninterest-bearing transaction accounts eligible for the FDIC’s Public comment is requested on all account guaranteed by the FDIC guarantee from a maximum of 0.50 aspects of this joint notice. Comments pursuant to the TAG program. percent to a maximum of 0.25 percent. are invited on: The TAG program originally was set Because the April 2010 interim rule (a) Whether the proposed revisions to to expire on December 31, 2009. The modifies the existing regulatory the collections of information that are FDIC Board recognized that the TAG requirements placed on institutions the subject of this notice are necessary program was contributing significantly participating in the TAG program, the for the proper performance of the to improvements in the financial sector, rule provides an irrevocable, one-time agencies’ functions, including whether and also noted that many parts of the opportunity for currently participating the information has practical utility; country were still suffering from the institutions to opt out of the extended effects of economic turmoil. As a result, TAG program. (b) The accuracy of the agencies’ estimates of the burden of the on August 26, 2009, following a public At present, institutions participating information collections as they are notice and comment period, the FDIC in the TAG program report the amount proposed to be revised, including the Board extended the TAG program and number of qualifying noninterest- bearing transaction accounts of more validity of the methodology and assumptions used; 1 73 FR 64179, October 29, 2008. The FDIC than $250,000 as of the quarter-end amended the interim rule effective November 4, (c) Ways to enhance the quality, 2008. 73 FR 66160, November 7, 2008. 3 74 FR 45093, September 1, 2009. utility, and clarity of the information to 2 73 FR 72244, November 26, 2008. 4 75 FR 20257, April 19, 2010. be collected;

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(d) Ways to minimize the burden of Hennepin Avenue, Minneapolis, de novo in leasing activities, pursuant to information collections on respondents, Minnesota 55480–0291: section 225.28(b)(3) of Regulation Y. including through the use of automated 1. Hensley Family Limited Board of Governors of the Federal Reserve collection techniques or other forms of Partnership, and its general partners, System, May 17, 2010. information technology; and Jack L. Hensley and Connie D. Hensley, Margaret McCloskey Shanks, (e) Estimates of capital or start up all of Kalispell, Montana; to retain Associate Secretary of the Board. costs and costs of operation, control of Valley Bancshares, Inc., and [FR Doc. 2010–12133 Filed 5–20–10; 8:45 am] maintenance, and purchase of services thereby indirectly retain control of to provide information. Valley Bank of Kalispell, both of BILLING CODE 6210–01–S Comments submitted in response to Kalispell, Montana. this joint notice will be shared among Board of Governors of the Federal Reserve FEDERAL TRADE COMMISSION the agencies and will be summarized or System, May 17, 2010. included in the agencies’ requests for Margaret McCloskey Shanks, [File No. 091 0135] OMB approval. All comments will Associate Secretary of the Board. become a matter of public record. Agilent Technologies, Inc.; Analysis of [FR Doc. 2010–12134 Filed 5–20–10; 8:45 am] Dated: May 15, 2010. the Agreement Containing Consent BILLING CODE 6210–01–S Order to Aid Public Comment Michele Meyer, Assistant Director, Legislative and Regulatory AGENCY: Federal Trade Commission. Activities Division, Office of the Comptroller FEDERAL RESERVE SYSTEM ACTION: Proposed Consent Agreement. of the Currency. Board of Governors of the Federal Reserve Notice of Proposals to Engage in SUMMARY: The consent agreement in this System. Permissible Nonbanking Activities or matter settles alleged violations of Dated: May 14, 2010. to Acquire Companies that are federal law prohibiting unfair or Engaged in Permissible Nonbanking Jennifer J. Johnson, deceptive acts or practices or unfair Activities methods of competition. The attached Secretary of the Board. Analysis to Aid Public Comment The companies listed in this notice Dated at Washington, DC this 7th day of describes both the allegations in the have given notice under section 4 of the May 2010. draft complaint and the terms of the Bank Holding Company Act (12 U.S.C. Robert E. Feldman, consent order — embodied in the 1843) (BHC Act) and Regulation Y (12 Executive Secretary, Federal Deposit consent agreement — that would settle CFR Part 225) to engage de novo, or to Insurance Corporation. these allegations. acquire or control voting securities or Dated: May 14, 2010. assets of a company, including the DATES: Comments must be received on Ira L. Mills, companies listed below, that engages or before June 17, 2010. Paperwork Clearance Officer, Office of Chief either directly or through a subsidiary or ADDRESSES: Interested parties are Counsel, Office of Thrift Supervision. other company, in a nonbanking activity invited to submit written comments [FR Doc. 2010–12320 Filed 5–20–10; 8:45 am] that is listed in § 225.28 of Regulation Y electronically or in paper form. BILLING CODE 6714–01–P; 4810–33–P; 6210–01–P; (12 CFR 225.28) or that the Board has Comments should refer to‘‘Agilent 6720–01–P determined by Order to be closely Technologies, File No. 091 0135’’ to related to banking and permissible for facilitate the organization of comments. bank holding companies. Unless Please note that your comment — FEDERAL RESERVE SYSTEM otherwise noted, these activities will be including your name and your state — will be placed on the public record of Change in Bank Control Notices; conducted throughout the United States. this proceeding, including on the Acquisition of Shares of Bank or Bank Each notice is available for inspection publicly accessible FTC website, at Holding Companies at the Federal Reserve Bank indicated. The notice also will be available for (http://www.ftc.gov/os/ The notificants listed below have inspection at the offices of the Board of publiccomments.shtm). applied under the Change in Bank Governors. Interested persons may Because comments will be made Control Act (12 U.S.C. 1817(j)) and express their views in writing on the public, they should not include any § 225.41 of the Board’s Regulation Y (12 question whether the proposal complies sensitive personal information, such as CFR 225.41) to acquire a bank or bank with the standards of section 4 of the an individual’s Social Security Number; holding company. The factors that are BHC Act. Additional information on all date of birth; driver’s license number or considered in acting on the notices are bank holding companies may be other state identification number, or set forth in paragraph 7 of the Act (12 obtained from the National Information foreign country equivalent; passport U.S.C. 1817(j)(7)). Center website at www.ffiec.gov/nic/. number; financial account number; or The notices are available for Unless otherwise noted, comments credit or debit card number. Comments immediate inspection at the Federal regarding the applications must be also should not include any sensitive Reserve Bank indicated. The notices received at the Reserve Bank indicated health information, such as medical also will be available for inspection at or the offices of the Board of Governors records or other individually the office of the Board of Governors. not later than June 4, 2010. identifiable health information. In Interested persons may express their A. Federal Reserve Bank of New addition, comments should not include views in writing to the Reserve Bank York (Ivan Hurwitz, Vice President) 33 any ‘‘[t]rade secret or any commercial or indicated for that notice or to the offices Liberty Street, New York, New York financial information which is obtained of the Board of Governors. Comments 10045–0001: from any person and which is privileged must be received not later than June 4, 1. Commonwealth Bank of Australia, or confidential....,’’ as provided in 2010. Sydney, Australia; to acquire Section 6(f) of the FTC Act, 15 U.S.C. A. Federal Reserve Bank of approximately 8.9 percent of the voting 46(f), and Commission Rule 4.10(a)(2), Minneapolis (Jacqueline G. King, shares of Air Lease Corporation, Los 16 CFR 4.10(a)(2). Comments containing Community Affairs Officer) 90 Angeles, California, and thereby engage material for which confidential

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treatment is requested must be filed in public comments it receives before Spectrometry (‘‘ICP-MS’’) instruments paper form, must be clearly labeled placing those comments on the FTC businesses to Bruker Corp. (‘‘Bruker’’), ‘‘Confidential,’’ and must comply with website. More information, including within ten days of closing its acquisition FTC Rule 4.9(c), 16 CFR 4.9(c).1 routine uses permitted by the Privacy of Varian. Because paper mail addressed to the Act, may be found in the FTC’s privacy The proposed Consent Agreement has FTC is subject to delay due to policy, at (http://www.ftc.gov/ftc/ been placed on the public record for 30 heightened security screening, please privacy.shtm). days to solicit comments from interested consider submitting your comments in FOR FURTHER INFORMATION CONTACT: Lisa persons. Comments received during this electronic form. Comments filed in De Marchi Sleigh (202-326-2535), period will become part of the public electronic form should be submitted by Bureau of Competition, 600 record. After 30 days, the Commission using the following weblink: (https:// Pennsylvania Avenue, NW, Washington, will again review the proposed Consent public.commentworks.com/ftc/agilent) D.C. 20580. Agreement and will decide whether it should withdraw from the proposed and following the instructions on the SUPPLEMENTARY INFORMATION: Pursuant Consent Agreement, modify it, or make web-based form. To ensure that the to section 6(f) of the Federal Trade it final. Commission considers an electronic Commission Act, 38 Stat. 721, 15 U.S.C. comment, you must file it on the web- Pursuant to an Agreement and Plan of 46(f), and § 2.34 the Commission Rules Merger dated July 26, 2009, Agilent based form at the weblink: (https:// of Practice, 16 CFR 2.34, notice is public.commentworks.com/ftc/agilent). plans to acquire Varian for hereby given that the above-captioned approximately $1.5 billion. The If this Notice appears at (http:// consent agreement containing a consent www.regulations.gov/search/index.jsp), Commission’s Complaint alleges that order to cease and desist, having been the proposed acquisition, if you may also file an electronic comment filed with and accepted, subject to final through that website. The Commission consummated, would violate Section 7 approval, by the Commission, has been of the Clayton Act, as amended, 15 will consider all comments that placed on the public record for a period regulations.gov forwards to it. You may U.S.C. § 18, and Section 5 of the FTC of thirty (30) days. The following Act, as amended, 15 U.S.C. § 45, by also visit the FTC website at (http:// Analysis to Aid Public Comment lessening competition in the markets for www.ftc.gov/) to read the Notice and the describes the terms of the consent Micro GC, 3Q GC-MS and ICP-MS news release describing it. agreement, and the allegations in the instruments (‘‘the Products’’). A comment filed in paper form complaint. An electronic copy of the should include the ‘‘Agilent full text of the consent agreement II. The Parties Technologies, File No. 091 0135’’ package can be obtained from the FTC Agilent, headquartered in Santa Clara, reference both in the text and on the Home Page (for May 14, 2010), on the envelope, and should be mailed or California, is a global supplier of World Wide Web, at (http:// scientific measurement instruments and delivered to the following address: www.ftc.gov/os/actions.shtm). A paper Federal Trade Commission, Office of the related products and services. Agilent’s copy can be obtained from the FTC broad range of products and services Secretary, Room H-135 (Annex D), 600 Public Reference Room, Room 130-H, Pennsylvania Avenue, NW, Washington, includes equipment used to test cell 600 Pennsylvania Avenue, NW, phones and communications DC 20580. The FTC is requesting that Washington, D.C. 20580, either in any comment filed in paper form be sent equipment, machines that determine the person or by calling (202) 326-2222. contents of human tissue and by courier or overnight service, if Public comments are invited, and may environmental samples, and possible, because U.S. postal mail in the be filed with the Commission in either microarrays that are used to analyze Washington area and at the Commission paper or electronic form. All comments gene expression, which are commonly is subject to delay due to heightened should be filed as prescribed in the used in cancer research. security precautions. ADDRESSES section above, and must be Varian is headquartered in Palo Alto, The Federal Trade Commission Act received on or before the date specified California, and supplies scientific (‘‘FTC Act’’) and other laws the in the DATES section. instruments and chemical analysis Commission administers permit the technologies to customers worldwide. collection of public comments to Analysis of Agreement Containing Varian’s products, which employ consider and use in this proceeding as Consent Order to Aid Public Comment various analytical techniques to test appropriate. The Commission will I. Introduction samples of many types, are used by consider all timely and responsive The Federal Trade Commission academic researchers, forensics public comments that it receives, (‘‘Commission’’) has accepted from laboratories, food safety and agriculture whether filed in paper or electronic Agilent Technologies, Inc. (‘‘Agilent’’), laboratories, pharmaceutical companies, form. Comments received will be subject to final approval, an Agreement and chemical and oil and gas firms. available to the public on the FTC Containing Consent Orders (‘‘Consent Varian also offers a line of vacuum website, to the extent practicable, at Agreement’’), which is designed to pumps, which are important (http://www.ftc.gov/os/ remedy the anticompetitive effects components in a variety of scientific publiccomments.shtm). As a matter of resulting from Agilent’s proposed instruments and industrial processes. discretion, the Commission makes every acquisition of Varian, Inc. (‘‘Varian’’). effort to remove home contact Under the terms of the Consent III. The Products and Structure of the information for individuals from the Agreement, Agilent will: (1) divest the Markets assets of its Micro Gas Chromatography Micro GCs are portable gas 1 The comment must be accompanied by an ‘‘ ’’ explicit request for confidential treatment, ( Micro GC ) instruments business to chromatography instruments that are including the factual and legal basis for the request, Inficon Group (‘‘Inficon’’), a subsidiary used primarily in the oil, mining, and and must identify the specific portions of the of Inficon Holding AG; and (2) divest waste disposal industries to detect the comment to be withheld from the public record. the assets of Varian’s Triple Quadrupole presence of toxins in the air or in The request will be granted or denied by the Commission’s General Counsel, consistent with Gas Chromatography-Mass emissions. Micro GC instruments are applicable law and the public interest. See FTC Spectrometry (‘‘3Q GC-MS’’) and designed for field use and, accordingly, Rule 4.9(c), 16 CFR 4.9(c). Inductively Coupled Plasma-Mass must be small and light enough to be

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portable and sufficiently robust to Agilent accounts for 40 percent of the would allow Agilent to increase prices, withstand travel and use in a variety of ICP-MS market by revenue, and a slow the pace of innovation, and/or environments. Because Micro GC combined Agilent and Varian would decrease service levels. In addition, the customers strongly value portability, have in excess of a 48 percent share of fact that there would be only three they would not switch to any other the U.S. market. The other two suppliers after the proposed acquisition analytical technique or product if the competitors, Thermo and PerkinElmer, leads to an increased likelihood of price of Micro GCs were to increase by Inc. have market shares of coordination among the remaining five to ten percent. In the United States, approximately 14 percent and 37 competitors. Agilent and Varian are the sole percent, respectively. The market for ICP-MS instruments is competitors in the market for Micro GC The relevant geographic area in which also highly concentrated, and Agilent’s instruments. Agilent and Varian account to evaluate the markets for Micro GC, acquisition of Varian would leave only for approximately 75 percent and 25 3Q GC-MS, and ICP-MS instruments is three suppliers. The ICP-MS percent of the market by revenue, the United States. Because Micro GC, instruments of the various suppliers respectively, and directly compete for 3Q GC-MS, and ICP-MS customers compete on the basis of reliability, sales on the basis of price, service, and require local sales, service, and support, price, product features, performance, product innovation. a supplier that lacks the local and service. Because Agilent and Varian 3Q GC-MS instruments combine a infrastructure necessary to provide these directly compete with each other for front-end gas chromatograph with a services is not a viable alternative for many sales, and because Varian is triple quadrupole mass spectrometer. U.S. customers. frequently the low-priced competitor, 3Q GC-MSs offer extraordinarily high Agilent would have a strong post- IV. Entry sensitivity and are used to identify and acquisition incentive to increase ICP-MS quantify trace amounts of substances in Neither new entry nor repositioning prices. The transaction would also a wide variety of samples, such as and expansion sufficient to deter or facilitate coordination among the three performance-enhancing drugs in blood counteract the anticompetitive effects of remaining firms. and pesticides in food. Less sensitive the proposed acquisition is likely to VI. The Consent Agreement GC-MSs are widely available, and occur within two years. A new entrant substantially less expensive, but they to the Micro GC, 3Q GC-MS, or ICP-MS The proposed Consent Agreement are not substitutes for 3Q GC-MSs instrument markets would face eliminates the competitive concerns because they lack the capability to significant barriers to entry. A new raised by Agilent’s proposed acquisition detect compounds at very low entrant would have to design, develop, of Varian by requiring the divestiture of concentrations and cannot differentiate and test a product, and would have to Agilent’s assets relating to the among structurally-similar compounds. establish a service and support manufacture and sale of Micro GC Where the significantly greater infrastructure in the United States. instruments and Varian’s assets relating performance of a 3Q GC-MS is required, Perhaps most importantly, a new to the manufacture and sale of 3Q GC- customers would not switch to other entrant would have to develop a MS and ICP-MS instruments. Agilent instruments or technologies even if the reputation for quality and reliability, and Varian have reached agreements to price of 3Q GC-MSs increased by five to and it would take at least several years sell the Micro GC assets to Inficon and ten percent. In the United States, there to acquire a reputation on par with the the 3Q GC-MS and ICP-MS assets to are four competitors supplying 3Q GC- current Micro GC, 3Q GC-MS, and ICP- Bruker, within ten days of closing the MS instruments. Post-acquisition, the MS suppliers. Accordingly, new entry acquisition. combined Agilent and Varian would by a domestic or foreign firm would not Inficon possesses the resources and have in excess of a 48 percent share of be timely, likely, or sufficient to capability to acquire the Micro GC the U.S. market by revenue. The other counteract the anticompetitive effects assets and replace Agilent as an two competitors, Thermo Fisher that would arise as a result of the effective competitor in the Micro GC Scientific, Inc. (‘‘Thermo’’) and Waters acquisition. market. Inficon, headquartered in Corp., have market shares of Switzerland, manufactures analytical V. Effects of the Acquisition approximately 36 percent and 16 instruments for gas analysis, percent, respectively. Agilent and Varian are the only two measurement, and control. Inficon ICP-MS instruments combine competitors in the market for Micro GC currently supplies several products inductively coupled plasma technology instruments. By creating a monopoly complementary to Micro GC and mass spectrometry technology and and eliminating the substantial instruments, including portable GC-MS are used for the analysis of inorganic competition between Agilent and analyzers. Inficon has an existing materials. The most common Varian, the proposed acquisition would worldwide infrastructure for the application for ICP-MS is testing water cause the purchasers of Micro GC marketing and sales of its analyzers, and samples, such as drinking, ground or instruments to pay higher prices and therefore is well-positioned to replace waste water, for the presence of toxic experience reduced levels of service and the competition that will be lost as a metals, like arsenic, mercury, or lead. slower innovation rates. result of the proposed transaction. ICP-MS is the only technology approved With only four suppliers, the market Headquartered in Billerica, by the Environmental Protection Agency for 3Q GC-MS instruments is highly Massachusetts, Bruker is a global for testing drinking water. Because concentrated. 3Q GC-MSs are generally provider of life-sciences scientific customers require the sensitivity purchased through a competitive instruments, as well as solutions for provided by ICP-MS, and because many evaluation process, which fosters molecular and materials research and customers perform tests pursuant to competition for features, reliability, industrial and applied analysis. Bruker’s regulatory guidelines, they would not performance, price, and service. Agilent acquisition of the Varian 3Q GC-MS and switch to any other technique or device and Varian’s 3Q GC-MSs are positioned ICP-MS product lines will complement if the price of ICP-MS instruments were similarly in terms of their features, Bruker’s existing strengths in the to increase by five to ten percent. In the price, and performance. The elimination analytical instruments market. Bruker United States, there are only four of the direct competition between the manufactures a variety of high- suppliers of ICP-MS instruments. Agilent and Varian 3Q GC-MS products performance mass spectrometry

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instruments, including product lines DEPARTMENT OF HEALTH AND 2006. After considering both public adjacent to the 3Q GC-MS and ICP-MS HUMAN SERVICES discussions FDA retained its policy. businesses. As a result, Bruker has a FDA has noted its commitment to significant existing global infrastructure Meeting of the Advisory Committee on continue to review its donor deferral that will enable it to quickly support Blood Safety and Availability recommendations. additional business expansion and Data from the Centers for Disease AGENCY: Department of Health and Control and Prevention (CDC) indicate replace the loss of competition posed by Human Services, Office of the Secretary. Agilent’s acquisition of Varian. that HIV and other blood borne ACTION: Notice. pathogens are not randomly distributed Pursuant to the Consent Agreement, in the population, but are concentrated SUMMARY: Inficon will receive the assets necessary As stipulated by the Federal within specific subgroups, including to replicate Agilent’s Micro GC Advisory Committee Act, the U.S. those whose sex partners have risk instrument business, and Bruker will Department of Health and Human behavior(s) associated with a higher receive the assets necessary to replicate Services is hereby giving notice that the prevalence of transfusion transmitted Varian’s 3Q GC-MS and ICP-MS Advisory Committee on Blood Safety diseases (TTDs). MSM have an instrument businesses. In addition to and Availability (ACBSA) will hold a increased incidence and prevalence of ensuring that the employees of the meeting. The meeting will be open to several currently recognized relevant businesses will continue their the public. transfusion-transmitted diseases (e.g. employment with the acquirers, the DATES: The meeting will take place HBV, HIV, syphilis, and CMV). There is Consent Agreement requires Agilent to Thursday, June 10 and Friday, June 11, a theoretical concern that MSM provide Inficon and Bruker with access 2010, from 8:30 a.m. to 5 p.m. populations may also be at increased to additional Agilent employees who ADDRESSES: The Universities at Shady risk for other unrecognized transfusion- may be needed to facilitate the Grove, 9630 Gudelsky Drive, Rockville, transmitted agents. transition of the assets associated with Maryland 20850, Phone: 301–738–6000. Although today’s blood supply is each of the Products. The Consent FOR FURTHER INFORMATION CONTACT: Jerry screened using highly sensitive tests, Agreement also requires Agilent to A. Holmberg, PhD, Executive Secretary, screening tests can be falsely negative transfer all relevant intellectual property Advisory Committee on Blood Safety during the ‘‘window period,’’ defined as and all contracts and confidential and Availability, Office of Public Health the interval between the time when an business information associated with and Science, Department of Health and infected individual may transmit the each of the Products. Combined, these Human Services, 1101 Wootton disease and the time when screening provisions ensure that Inficon and Parkway, Suite 250, Rockville, MD tests become positive. A period of deferral is needed after high-risk Bruker fully and immediately restore 20852, (240) 453–8803, FAX (240) 453– exposure to prevent false negative tests the competition that will be eliminated 8456, e-mail [email protected]. ‘‘ ’’ by the acquisition. from window period collections. SUPPLEMENTARY INFORMATION: The Deferral of donors with high-risk The Commission may appoint an Advisory Committee on Blood Safety exposure depends upon reliable interim monitor to oversee the and Availability (ACBSA) provides responses to a donor questionnaire, divestiture of the Products at any time advice to the Secretary and the Assistant which are never 100 percent accurate. after the Consent Agreement has been Secretary for Health on a range of policy Therefore, despite highly sensitive signed. In order to ensure that the issues that impact (1) Definition of testing and current deferral policies, Commission remains informed about public health parameters around safety failures to identify infected donors may the status of the proposed divestitures, and availability of the blood supply and occur. the proposed Consent Agreement blood products, (2) broad public health, In addition, unsuitable blood may be requires the parties to file periodic ethical and legal issues related to released inadvertently through reports with the Commission until the transfusion and transplantation safety, inventory control errors. This increased divestiture is accomplished. If the and (3) the implications for safety and risk is believed to be primarily related Commission determines that Agilent has the availability of various economic to human errors resulting in the release not fully complied with its obligations factors affecting product cost and of infected units from quarantine. This under the Decision and Order within supply. is based on the assumption that due to ten days after the date the Decision and Current Food and Drug higher infectious disease prevalence in Order becomes final, the Commission Administration (FDA) policy MSM, greater numbers of infected units may appoint a divestiture trustee to recommends that men who have had would be collected, leading to a small divest the Micro GC, 3Q GC-MS, and sex with another man (MSM) even one overall increase in quarantine release ICP-MS assets to a Commission- time since 1977 should be deferred errors. These quarantine release errors approved acquirer. indefinitely from donating blood. The would likely be reduced if deferral of MSM began prior to the computerized inventory controls were The purpose of this analysis is to availability of tests for HIV in early in place in all blood facilities. facilitate public comment on the 1985. The deferral has existed in its At the June 10–11, 2010 meeting, the Consent Agreement, and it is not current form since September 1985. HHS ACBSA will hear presentations intended to constitute an official This and other related FDA policies are and engage in deliberations on the interpretation of the proposed Decision designed to address the major sources of current MSM deferral policy. and Order or to modify its terms in any known risk to the blood supply as well Specifically, the ACBSA will be asked way. as the theoretical risk of emerging to discuss the following: what are the By direction of the Commission. infectious disease (EID) transmission. most important factors (e.g. societal, FDA has reviewed the policy scientific, and economic) to consider in Donald S. Clark periodically, most recently at a meeting making a policy change; is the currently Secretary. of the FDA Blood Products Advisory available scientific information [FR Doc. 2010–12183 Filed 5–20–10; 11:55 am] Committee in 2000 and in an FDA- including risk assessments sufficient to BILLING CODE 6750–01–S sponsored public scientific workshop in support a policy change at this time;

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what studies, if any, are needed before information collection requests under With funding authorized by the implementing a policy change; what review by the Office of Management and American Recovery and Reinvestment monitoring tools or surveillance Budget (OMB) in compliance with the Act of 2009 (ARRA), CDC has provided activities would need to be in place Paperwork Reduction Act (44 U.S.C. additional support for the expansion of before implementing a policy change; Chapter 35). To request a copy of these tobacco Quitline services. CDC is what additional safety measures, if any, requests, call the CDC Reports Clearance therefore requesting OMB approval to are needed to assure blood safety under Officer at (404) 639–5960 or send an e- establish a National Quitline Data a revised deferral policy? mail to [email protected]. Send written Warehouse (NDQW), and to collect The public will have opportunity to comments to CDC Desk Officer, Office of information from the 50 states, the present their views to the Committee on Management and Budget, Washington, District of Columbia, Puerto Rico, and the second day. A public comment DC or by fax to (202) 395–5806. Written Guam. The principal information session has been scheduled for June 11, comments should be received within 30 collection will be based on a uniform 2010. Comments will be limited to five days of this notice. Minimum Data Set (MDS) developed minutes per speaker and must be collaboratively by the North American pertinent to the discussion. Pre- Proposed Project Quitline Consortium and other tobacco registration is required for participation National Quitline Data Warehouse— control organizations. in the public comment session. Any New—National Center for Chronic Quitline service providers will use a member of the public who would like to Disease Prevention and Health participate in this session should Promotion (NCCDPHP), Centers for common interview instrument to collect contact the Executive Secretary no later Disease Control and Prevention (CDC). information from all callers. A one- than June 8, 2010. It is requested that minute interview will be conducted those who wish to have printed material Background and Brief Description with callers who contact the Quitline to distributed to the Committee provide obtain information on another person’s Tobacco use remains the leading thirty (30) copies of the document to be preventable cause of disease and death behalf. Callers who contact the Quitline distributed to the Executive Secretary, in the United States, resulting in to obtain information or services for ACBSA, prior to close of business June approximately 440,000 deaths annually themselves will be asked to participate 8, 2010. If it is not possible to provide and contributing to $92 billion annually in a 10-minute interview. A random 30 copies of the material to be in lost worker productivity. Although sample of callers who receive a Quitline distributed, then individuals are the prevalence of current smoking service will be asked to participate in a requested to provide at a minimum one among adults decreased significantly short, voluntary follow-up interview (1) copy of the document(s) to be seven months after intake. distributed prior to the close of business since its peak in the 1960s, overall June 8, 2010. It also is requested that smoking prevalence among U.S. adults In addition, to monitor and evaluate any member of the public who wishes has remained virtually unchanged the expenditure of Recovery Act to provide comments to the Committee during the past five years. Large funding, CDC will collect a quarterly utilizing electronic data projection disparities in smoking prevalence report about each Quitline program from submit the necessary material to the continue to exist among members of the designated Tobacco Control Executive Secretary prior to close of racial/ethnic minority groups and Manager. These reports will be used to business June 8, 2010. Electronic individuals of low socioeconomic quantify improvements in the capacity comments must adhere to disability status. of the Quitlines to assist tobacco users accessibility guidelines (Section 508 The National Tobacco Control over time. compliance). Program (NTCP) was established by The information collected in the CDC to help reduce tobacco-related Dated: May 4, 2010. NQDW will be used to determine the disease, disability, and death. The NTCP Jerry A. Holmberg, role Quitlines play in promoting tobacco provides funding for state Quitlines, use cessation, measure the number of Executive Secretary, Advisory Committee on which provide telephone-based tobacco Blood Safety and Availability. tobacco users being served by state cessation services to help tobacco users [FR Doc. 2010–12326 Filed 5–20–10; 8:45 am] Quitlines, determine reach of Quitlines quit. Quitlines overcome many of the to high-risk populations (e.g., racial and BILLING CODE 4150–41–P barriers to tobacco cessation classes and ethnic minorities and the medically traditional clinics because they are free underserved), measure the number and available at the caller’s DEPARTMENT OF HEALTH AND using each state Quitline who quit, convenience. Quitline services in all HUMAN SERVICES determine whether some combinations states can be accessed through a toll-free of services contribute to higher quit national portal number at 1–800–QUIT– Centers for Disease Control and rates than others, and improve the Prevention NOW. According to CDC’s Best Practices for Comprehensive Tobacco timeliness, access to, and quality of data [30 Day–10–10BT] Control, approximately six to eight collected by Quitlines. Information will be collected Agency Forms Undergoing Paperwork percent of tobacco users potentially can electronically for a two-year period. Reduction Act Review be reached successfully by Quitlines; however, currently, only one to two There are no costs to respondents other The Centers for Disease Control and percent of tobacco users contact than their time. The total estimated Prevention (CDC) publishes a list of Quitlines. annualized burden hours are 90,563.

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ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per re- Type of respondent Form name respondents responses per sponse respondent (in hours)

Caller who contacts the Quitline on behalf of Intake Questionnaire ...... 230,000 1 1/60 someone else. Caller who contacts the Quitline for personal ...... 500,000 1 10/60 use. Quitline caller who received a Quitline service Follow-up Questionnaire ...... 28,900 1 7/60 Tobacco Control Manager ...... Quitline Services Questionnaire ...... 53 4 7/60

Dated: May 13, 2010. ways to enhance the quality, utility, and progress to ALS. The registry will Maryam I. Daneshvar, clarity of the information to be collect personal health information that Reports Clearance Officer, Centers for Disease collected; and (d) ways to minimize the may provide a basis for further scientific Control and Prevention. burden of the collection of information studies of potential risks for developing [FR Doc. 2010–12181 Filed 5–20–10; 8:45 am] on respondents, including through the ALS. BILLING CODE 4163–18–P use of automated collection techniques This project purposes to collect or other forms of information information specific data related to ALS. technology. Written comments should The objective of this project is to DEPARTMENT OF HEALTH AND be received within 60 days of this develop state-based and metropolitan HUMAN SERVICES notice. area-based surveillance projects for ALS. The primary goal of the state-based Proposed Project Centers for Disease Control and and metropolitan area-based Prevention Creation of state and metropolitan surveillance project is to use these data [60Day–10–10DE] area-based surveillance projects for to evaluate the completeness of the Amyotrophic Lateral Sclerosis (ALS)— National ALS Registry. The secondary Proposed Data Collections Submitted New—Agency for Toxic Substances and goal of the surveillance project is to for Public Comment and Disease Registry (ATSDR), Coordinating obtain reliable and timely information Recommendations Center for Environmental Health and on the incidence and prevalence of ALS In compliance with the requirement Injury Prevention (CCEHIP), Centers for and to better describe the demographic of Section 3506(c)(2)(A) of the Disease Control and Prevention (CDC). characteristics (e.g., age, race, sex, and geographic location) of those with ALS. Paperwork Reduction Act of 1995 for Background and Brief Description opportunity for public comment on Neurologists or their staff will proposed data collection projects, the On October 10, 2008, President Bush complete an ALS Case Reporting Form Centers for Disease Control and signed S. 1382: ALS Registry Act which on each of their ALS patients. This will Prevention (CDC) will publish periodic amended the Public Health Service Act be transmitted to the state or summaries of proposed projects. To to provide for the establishment of an metropolitan health department. request more information on the Amyotrophic Lateral Sclerosis (ALS) Approval is being requested for a 3-year proposed projects or to obtain a copy of Registry. The activities described are period; it is estimated that there will be the data collection plans and part of the effort to create the National approximately 6,750 cases of ALS instruments, call 404–639–5960 and ALS Registry. The purpose of the reported in the state and metropolitan send comments to Maryam I. Daneshvar, registry is to: (1) Better describe the areas during this 3-year period. An ALS CDC Acting Reports Clearance Officer, incidence and prevalence of ALS in the Medical Record Verification Form will 1600 Clifton Road, MS–D74, Atlanta, United States; (2) examine appropriate be collected on a subset of cases GA 30333 or send an e-mail to factors, such as environmental and reported. [email protected]. occupational, that might be associated Surveillance items to be collected Comments are invited on: (a) Whether with the disease; (3) better outline key include information to make sure that the proposed collection of information demographic factors (such as age, race there are no duplicates such as full is necessary for the proper performance or ethnicity, gender, and family history) name, address, date of birth, and last of the functions of the agency, including associated with the disease; and (4) five digits of the Social Security whether the information shall have better examine the connection between number. practical utility; (b) the accuracy of the ALS and other motor neuron disorders There are no costs to the neurologist agency’s estimate of the burden of the that can be confused with ALS, respondents reporting the cases other proposed collection of information; (c) misdiagnosed as ALS, and in some cases than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average responses burden per Total Type of respondents Form per re- response burden spondent (in hours) hours

Neurologists ...... Case Reporting Form ...... 2,250 5/60 188 Neurologists ...... Case Verification Form ...... 540 20/60 180

Total ...... 368

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Dated: May 13, 2010. DEPARTMENT OF HEALTH AND better understand the agency’s Maryam I. Daneshvar, HUMAN SERVICES decisions, increasing credibility and Reports Clearance Officer, Centers for Disease promoting accountability. Transparency Control and Prevention. Food and Drug Administration helps the agency to more effectively [FR Doc. 2010–12182 Filed 5–20–10; 8:45 am] [Docket No. FDA–2009–N–0247] protect and promote the public health. In January 2009, President Obama BILLING CODE P FDA Transparency Initiative: Draft issued a memorandum on Transparency Proposals for Public Comment and Open Government calling for an ‘‘unprecedented level of openness in DEPARTMENT OF HEALTH AND Regarding Disclosure Policies of the Government’’ and directing the Director HUMAN SERVICES U.S. Food and Drug Administration; Availability of the Office of Management and Budget Centers for Disease Control and (OMB) to issue an Open Government AGENCY: Food and Drug Administration, Prevention Directive instructing executive HHS. departments and agencies to take Disease, Disability, and Injury ACTION: Notice of availability; request specific actions to implement the Prevention and Control Special for comments. principles of transparent, collaborative, Emphasis Panel (SEP): Conducting and participatory government. The SUMMARY: As part of the second phase Open Government Directive was issued Public Health Research in Kenya of the Transparency Initiative, the Food (U01)(Panel A), Funding Opportunity in December. Under the leadership of and Drug Administration (FDA) is Secretary Kathleen Sebelius, the U.S. Announcement (FOA) GH10–003, Initial announcing the availability of a report Review Department of Health and Human entitled ‘‘FDA Transparency Initiative: Services has also prioritized Draft Proposals for Public Comment In accordance with Section 10(a)(2) of transparency and openness. In June Regarding Disclosure Policies of the 2009, FDA Commissioner Dr. Margaret the Federal Advisory Committee Act U.S. Food and Drug Administration.’’ (Pub. L. 92–463), the Centers for Disease Hamburg launched FDA’s Transparency The report includes 21 draft proposals Initiative to implement these efforts at Control and Prevention (CDC) about expanding disclosure of announces the aforementioned meeting: FDA. information by the agency while The initiative is overseen by a Task TIME AND DATE: 1 p.m.–5 p.m., June 29, maintaining confidentiality of trade Force representing key leaders of FDA. 2010 (Closed). secrets and individually identifiable The internal task force is chaired by the patient information. FDA is seeking Principal Deputy Commissioner of the PLACE: Teleconference. public comment on the draft proposals, FDA and includes five of the agency’s STATUS: The meeting will be closed to as well as on which draft proposals center directors, the Chief Counsel, the the public in accordance with should be given priority. Some of the Associate Commissioner of Regulatory provisions set forth in Section 552b(c) draft proposals may require extensive Affairs, and the Chief Scientist. The (4) and (6), Title 5 U.S.C., and the resources to implement, and some may Task Force is charged with submitting a Determination of the Director, require changes to regulations or written report to the Commissioner on Management Analysis and Services legislation. the Task Force’s findings and Office, CDC, pursuant to Public Law 92– DATES: Submit either electronic or recommendations. 463. written comments by July 20, 2010. Over the last 11 months, the Task ADDRESSES: Submit electronic Force has held two public meetings, MATTERS TO BE DISCUSSED: The meeting comments to http://www.regulations.gov launched an online blog (http:// will include the initial review, or on the FDA Web site, www.fda.gov/ fdatransparencyblog.fda.gov/), and discussion, and evaluation of transparency. Submit written comments opened a docket. The online blog and applications received in response to to the Division of Dockets Management the docket have received over 1,500 ‘‘Conducting Public Health Research in (HFA–305), Food and Drug comments. Kenya (U01)(Panel A),’’ FOA GH10–003. Administration, 5630 Fishers Lane, rm. The Task Force is proceeding with the CONTACT PERSON FOR MORE INFORMATION: 1061, Rockville, MD 20852. All Transparency Initiative in three phases: • Phase I: FDA Basics Susan Stanton, D.D.S., Scientific Review comments should be identified with the • Phase II: Public Disclosure Officer, CDC, 1600 Clifton Road, NE., docket number found in brackets at the • Phase III: Transparency to Mailstop D74, Atlanta, GA 30333, heading of this document. Regulated Industry Telephone: (404) 639–4640. FOR FURTHER INFORMATION CONTACT: Afia Phase I is intended to provide the The Director, Management Analysis Asamoah, Office of the Commissioner, public with basic information about and Services Office, has been delegated Food and Drug Administration, 10903 FDA and how the agency does its work. the authority to sign Federal Register New Hampshire Ave., Bldg 1, rm. 2220, This phase was unveiled in early notices pertaining to announcements of Silver Spring, MD 20993, 301–796– January 2010 with the launch of a web- meetings and other committee 4625, FAX: 301–847–3531, e-mail: based resource called FDA Basics management activities, for both CDC [email protected]. (www.fda.gov/fdabasics). The resource and the Agency for Toxic Substances SUPPLEMENTARY INFORMATION: now includes (1) 126 questions and and Disease Registry. answers about FDA and the products I. Background that the agency regulates, (2) 9 short Dated: May 6, 2010. Every day, the U.S. Food and Drug videos that explain various FDA Elaine L. Baker, Administration (FDA) makes important activities, and (3) 10 conversations with Director, Management Analysis and Services health and safety decisions about foods, FDA officials about the work of their Office, Centers for Disease Control and drugs, medical devices, cosmetics, and Offices. Each month, senior officials Prevention. other widely used consumer products. from FDA product centers and offices [FR Doc. 2010–12174 Filed 5–20–10; 8:45 am] Transparency in FDA’s activities and host online sessions about a specific BILLING CODE 4163–18–P decisionmaking allows the public to topic and answer questions from the

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public about that topic. FDA uses the input on the content of the proposals Substantive program information, a feedback provided by the public to and whether the Task Force has struck summary of the meeting, and a roster of update this resource. the right balance with respect to the Committee members may be obtained Phase II is the subject of this draft proposals, FDA is seeking input on either by accessing the SAMHSA document and is described in more how the agency should prioritize the Committee’s Web site at https:// detail in section II of this document. proposals, if it decided to implement www.samhsa.gov/council/csap/ Phase III of the Transparency them. The Task Force will consider csapnac.aspx as soon as possible after Initiative will address ways FDA can feasibility and priority, considering the meeting, or by contacting CSAP become more transparent to regulated other agency priorities that require National Advisory Council’s Designated industry, to foster a more efficient and resources, when developing its specific Federal Official, Ms. Tia Haynes (see cost-effective regulatory process. The recommendations for the Commissioner. contact information below). Task Force solicited comments from the public on this topic in March 2010 (75 III. Request for Comments Committee Name: Substance Abuse and Mental Health Services Administration, FR 11893, March 12, 2010) and draft FDA is interested in receiving Center for Substance Abuse Prevention proposals from this phase are expected comments from the public about the National Advisory Council. in the summer of 2010. content of the draft proposals as well as Date/Time/Type: June 9, 2010, 1 p.m. to 4 II. Phase II: Public Disclosure on which draft proposals should be p.m.: Closed. given priority. Interested persons may Place: 1 Choke Cherry Road, Conference The second phase of the Transparency Room 4–1058, Rockville, Maryland 20857. Initiative relates to FDA’s policies on submit to the Division of Dockets Contact: Tia Haynes, Designated Federal disclosure of information to the public Management (see ADDRESSES) either Official, SAMHSA/CSAP National Advisory about FDA activities. FDA is releasing a electronic or written comments Council, 1 Choke Cherry Road, Room 4–1066, report that contains 21 draft proposals regarding this document. It is only Rockville, MD 20857, Telephone: (240) 276– that we are issuing for public comment. necessary to send one set of comments. 2436; FAX: (240) 276–2430. E-mail: The draft proposals, along with It is no longer necessary to send two [email protected]. background material, can be found on copies of mailed comments. Identify the Toian Vaughn, the FDA Web site at www.fda.gov/ draft proposal which your comment transparency. FDA is accepting addresses by the number assigned to Committee Management Officer, Substance that proposal. Identify comments with Abuse and Mental Health Services comments from the public on the draft Administration. proposals on the FDA Web site as well the docket number found in brackets in [FR Doc. 2010–12208 Filed 5–20–10; 8:45 am] as through the docket (see section III of the heading of this document. Received this notice). comments may be seen in the Division BILLING CODE 4162–20–P The Task Force solicited comments of Dockets Management between 9 a.m. from the public about information FDA and 4 p.m., Monday through Friday. Comments can also be submitted on DEPARTMENT OF HEALTH AND should provide to the public about what HUMAN SERVICES FDA is doing, the bases for the agency’s each draft proposal via the FDA Web site, www.fda.gov/transparency. decisions, and the processes used to National Institutes of Health make agency decisions. The Task Force Dated: May 17, 2010. reviewed and considered all the Leslie Kux, Center for Scientific Review; Notice of comments received from a range of Acting Assistant Commissioner for Policy. Closed Meetings stakeholders. The Task Force also [FR Doc. 2010–12314 Filed 5–19–10; 8:45 am] identified on its own initiative ways to Pursuant to section 10(d) of the BILLING CODE 4160–01–S improve transparency that are reflected Federal Advisory Committee Act, as in the report. amended (5 U.S.C. App.), notice is In the report, the Task Force makes hereby given of the following meetings. DEPARTMENT OF HEALTH AND The meetings will be closed to the available for public comment 21 draft HUMAN SERVICES proposals for changes in policy related public in accordance with the to the disclosure of information FDA Substance Abuse and Mental Health provisions set forth in sections has in its possession, while supporting Services Administration 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the redaction of trade secrets and as amended. The grant applications and individually identifiable patient Center for Substance Abuse the discussions could disclose information from all documents Prevention; Notice of Meeting confidential trade secrets or commercial proposed for disclosure. Other topics on property such as patentable material, which FDA plans to make changes or on Pursuant to Public Law 92–463, and personal information concerning which the Task Force is not proposing notice is hereby given that the individuals associated with the grant policy changes at this time are Substance Abuse and Mental Health applications, the disclosure of which discussed in the ‘‘Other Areas of Public Services Administration’s (SAMHSA) would constitute a clearly unwarranted Comment’’ section of the report. Center for Substance Abuse Prevention invasion of personal privacy. After considering public comment on (CSAP) National Advisory Council will Name of Committee: Center for Scientific the draft proposals, the Task Force will meet on June 9, 2010 from 1 p.m. to 4 Review Special Emphasis Panel, Member recommend specific proposals to the p.m. via teleconference. Conflict: Brain Function and Structure. Commissioner for consideration, and The meeting will include discussion Date: June 8, 2010. then FDA will announce which of the and evaluation of grant applications Time: 9 a.m. to 9 p.m. proposals it will implement, and the reviewed by Initial Review Groups. Agenda: To review and evaluate grant applications. projected timeframe for implementation. Therefore, the meeting will be closed to Place: National Institutes of Health, 6701 Some of the draft proposals may require the public as determined by the Rockledge Drive, Bethesda, MD 20892 extensive resources to implement, and Administrator, SAMHSA, in accordance (Virtual Meeting). some may require changes to regulations with Title 5 U.S.C. 552b(c)(6) and 5 Contact Person: Kevin Walton, PhD, or legislation. Therefore, in addition to U.S.C. App. 2, Section 10(d). Scientific Review Officer, Center for

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Scientific Review, National Institutes of Date: June 14–15, 2010. MSC 7850, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5200, Time: 8 a.m. to 1 p.m. 0910, [email protected]. MSC 7846, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 1785, [email protected]. applications. Review Special Emphasis Panel, Member This notice is being published less than 15 Place: Courtyard by Marriott Magnificent Conflict: Pregnancy and Reproduction. days prior to the meeting due to the timing Mile Downtown, 165 E. Ontario Street, Date: June 14–15, 2010. limitations imposed by the review and Chicago, IL 60611. Time: 8 a.m. to 6 p.m. funding cycle. Contact Person: Rass M. Shayiq, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for applications. Review Special Emphasis Panel, RFA RM09– Scientific Review, National Institutes of Place: National Institutes of Health, 6701 002: National Centers for Biomedical Health, 6701 Rockledge Drive, Room 2182, Rockledge Drive, Bethesda, MD 20892 Computing. MSC 7818, Bethesda, MD 20892, (301) 435– (Virtual Meeting). Date: June 14–15, 2010. 2359, [email protected]. Contact Person: Gary Hunnicutt, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Digestive, Kidney and Scientific Review Officer, Center for Agenda: To review and evaluate grant Urological Systems Integrated Review Group, Scientific Review, National Institutes of applications. Clinical, Integrative and Molecular Health, 6701 Rockledge Drive, Room 6164, Place: Courtyard by Marriott, 5520 Gastroenterology Study Section. MSC 7892, Bethesda, MD 20892, 301–435– Wisconsin Avenue, Chevy Chase, MD 20815. Date: June 14, 2010. 0229, [email protected]. Contact Person: Amy L. Rubinstein, PhD, Time: 8 a.m. to 7 p.m. Name of Committee: Center for Scientific Scientific Review Officer, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Scientific Review, National Institutes of applications. Fellowships: Biophysical and Physiological Health, 6701 Rockledge Drive, Rm 5152, MSC Place: Avenue Hotel, 160 E. Huron Street, Neuroscience. 7844, Bethesda, MD 20892, 301–435–1159, Chicago, IL 60611. Date: June 14–15, 2010. [email protected]. Contact Person: Najma Begum, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Digestive, Kidney and Scientific Review Officer, Center for Agenda: To review and evaluate grant Urological Systems Integrated Review Group, Scientific Review, National Institutes of applications. Xenobiotic and Nutrient Disposition and Health, 6701 Rockledge Drive, Room 2186, Place: The Beacon Hotel and Corporate Action Study Section. MSC 7818, Bethesda, MD 20892, 301–435– Quarters, 1615 Rhode Island Avenue, NW., Date: June 14–15, 2010. 1243, [email protected]. Washington, DC 20036. Time: 8 a.m. to 3 p.m. Contact Person: Eugene Carstea, PhD, Name of Committee: Musculoskeletal, Oral Agenda: To review and evaluate grant Scientific Review Officer, Center for applications. and Skin Sciences Integrated Review Group, Scientific Review, National Institutes of Place: Hilton Chicago O’Hare Airport, Musculoskeletal Tissue Engineering Study Health, 6701 Rockledge Drive, Room 5194, O’Hare International Airport, Chicago, IL Section. MSC 7846, Bethesda, MD 20892, (301) 408– 60666. Date: June 14–15, 2010. 9756, [email protected]. Contact Person: Patricia Greenwel, PhD, Time: 8 a.m. to 5:30 p.m. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel, Shared applications. Scientific Review, National Institutes of Instrumentation: Electron Microscopy. Place: Hyatt Regency Bethesda, One Health, 6701 Rockledge Drive, Room 2172, Date: June 14–15, 2010. Bethesda Metro Center, 7400 Wisconsin MSC 7818, Bethesda, MD 20892, 301–435– Time: 8 a.m. to 5 p.m. 1169, [email protected]. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: Digestive, Kidney and Contact Person: Jean D. Sipe, PhD, applications. Urological Systems Integrated Review Group, Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Gastrointestinal Mucosal Pathobiology Study Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Section. Health, 6701 Rockledge Drive, Room 4106, (Virtual Meeting). Date: June 14–15, 2010. MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Noni Byrnes, PhD, Time: 8 a.m. to 2 p.m. 1743, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Biobehavioral and Scientific Review, National Institutes of applications. Behavioral Processes Integrated Review Health, 6701 Rockledge Drive, Room 5130, Place: Avenue Hotel, 160 E. Huron Street, Group, Motor Function, Speech and MSC 7840, Bethesda, MD 20892, (301) 435– Chicago, IL 60611. Rehabilitation Study Section. 1023, [email protected]. Contact Person: Peter J. Perrin, PhD, Date: June 14, 2010. Name of Committee: Center for Scientific Scientific Review Officer, Center for Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel, ARRA: Scientific Review, National Institutes of Agenda: To review and evaluate grant Color Vision. Health, 6701 Rockledge Drive, Room 2180, applications. Date: June 14–15, 2010. MSC 7818, Bethesda, MD 20892, (301) 435– Place: Crowne Plaza Old Town Alexandria, Time: 8 a.m. to 5:30 p.m. 0682, [email protected]. 901 North Fairfax Street, Alexandria, VA Agenda: To review and evaluate grant Name of Committee: Oncology 1—Basic 22314. applications. Translational Integrated Review Group, Contact Person: Biao Tian, PhD, Scientific Place: InterContinental Chicago Hotel, 505 Tumor Microenvironment Study Section. Review Officer, Center for Scientific Review, North Michigan Avenue, Chicago, IL 60611. Date: June 14–15, 2010. National Institutes of Health, 6701 Rockledge Contact Person: Michael H. Chaitin, PhD, Time: 8 a.m. to 5 p.m. Drive, Room 3166, MSC 7848, Bethesda, MD Scientific Review Officer, Center for Agenda: To review and evaluate grant 20892, 301–402–4411, [email protected]. Scientific Review, National Institutes of applications. Name of Committee: Cell Biology Health, 6701 Rockledge Drive, Room 5202, Place: Hotel Nikko, 222 Mason Street, San Integrated Review Group, Biology and MSC 7850, Bethesda, MD 20892, (301) 435– Francisco, CA 94102. Diseases of the Posterior Eye Study Section. 0910, [email protected]. Contact Person: Eun Ah Cho, PhD, Date: June 14–15, 2010. Name of Committee: Center for Scientific Scientific Review Officer, Center for Time: 8 a.m. to 5:30 p.m. Review Special Emphasis Panel, Trans IRG Scientific Review, National Institutes of Agenda: To review and evaluate grant Review of Cancer Imaging Proposals. Health, 6701 Rockledge Drive, Room 6202, applications. Date: June 14, 2010. MSC 7804, Bethesda, MD 20892, (301) 451– Place: InterContinental Chicago Hotel, 505 Time: 8 a.m. to 5 p.m. 4467, [email protected]. North Michigan Avenue, Chicago, IL 60611. Agenda: To review and evaluate grant Name of Committee: Digestive, Kidney and Contact Person: Michael H. Chaitin, PhD, applications. Urological Systems Integrated Review Group, Scientific Review Officer, Center for Place: Bethesda North Marriott Hotel & Hepatobiliary Pathophysiology Study Scientific Review, National Institutes of Conference Center, 5701 Marinelli Road, Section. Health, 6701 Rockledge Drive, Room 5202, Bethesda, MD 20852.

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Contact Person: Eileen W Bradley, DSC, Date: June 14–15, 2010. Health, 6701 Rockledge Drive, Room 3166, Chief, SBIB IRG, Center for Scientific Review, Time: 8 a.m. to 5 p.m. MSC 7770, Bethesda, MD 20892, 301–254– National Institutes of Health, 6701 Rockledge Agenda: To review and evaluate grant 9975, [email protected]. Drive, Room 5100, MSC 7854, Bethesda, MD applications. Name of Committee: Center for Scientific 20892, (301) 435–1179, [email protected]. Place: Embassy Suites at the Chevy Chase Review Special Emphasis Panel, ARRA: Name of Committee: Biology of Pavilion, 4300 Military Road, NW., Motor Function, Speech and Rehabilitation Development and Aging Integrated Review Washington, DC 20015. Competitive Revisions. Group, Aging Systems and Geriatrics Study Contact Person: Malaya Chatterjee, PhD, Date: June 14, 2010. Section. Scientific Review Officer, Center for Time: 4 p.m. to 6 p.m. Date: June 14–15, 2010. Scientific Review, National Institutes of Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 6192, applications. Agenda: To review and evaluate grant MSC 7804, Bethesda, MD 20817, (301) 806– Place: Crowne Plaza Old Town Alexandria, applications. 2515, [email protected]. 901 North Fairfax Street, Alexandria, VA Place: Allerton Hotel, 701 North Michigan Name of Committee: Oncology 1–Basic 22314. Avenue, Chicago, IL 60611. Translational Integrated Review Group, Contact Person: Biao Tian, PhD, Scientific Contact Person: James P. Harwood, PhD, Cancer Etiology Study Section. Review Officer, Center for Scientific Review, Scientific Review Officer, Center for Date: June 14–15, 2010. National Institutes of Health, 6701 Rockledge Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Drive, Room 3089B, MSC 7848, Bethesda, Health, 6701 Rockledge Drive, Room 5168, Agenda: To review and evaluate grant MD 20892, (301) 402–4411, MSC 7840, Bethesda, MD 20892, 301–435– applications. [email protected]. 1256, [email protected]. Place: Doubletree Hotel Washington, 1515 (Catalogue of Federal Domestic Assistance Name of Committee: Endocrinology, Rhode Island Avenue, NW., Washington, DC Program Nos. 93.306, Comparative Medicine; Metabolism, Nutrition and Reproductive 20005. 93.333, Clinical Research, 93.306, 93.333, Sciences Integrated Review Group, Contact Person: Cathleen L Cooper, PhD, 93.337, 93.393–93.396, 93.837–93.844, Integrative Nutrition and Metabolic Processes Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Study Section. Scientific Review, National Institutes of Institutes of Health, HHS) Date: June 14, 2010. Health, 6701 Rockledge Drive, Room 4208, Time: 8 a.m. to 6 p.m. MSC 7812, Bethesda, MD 20892, 301–443– Dated: May 14, 2010. Agenda: To review and evaluate grant 4512, [email protected]. Jennifer Spaeth, applications. Name of Committee: Vascular and Director, Office of Federal Advisory Place: Embassy Suites at the Chevy Chase Hematology Integrated Review Group, Committee Policy. Pavilion, 4300 Military Road, NW., Vascular Cell and Molecular Biology Study [FR Doc. 2010–12154 Filed 5–20–10; 8:45 am] Washington, DC 20015. Section. BILLING CODE 4140–01–P Contact Person: Sooja K Kim, PhD, Date: June 14–15, 2010. Scientific Review Officer, Center for Time: 8 a.m. to 6:30 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6182, applications. DEPARTMENT OF HEALTH AND MSC 7892, Bethesda, MD 20892, (301) 435– Place: InterContinental Chicago Hotel, 505 HUMAN SERVICES 1780, [email protected]. North Michigan Avenue, Chicago, IL 60611. Name of Committee: Genes, Genomes, and Contact Person: Anshumali Chaudhari, Centers for Disease Control and Genetics Integrated Review Group, PhD, Scientific Review Officer, Center for Prevention Prokaryotic Cell and Molecular Biology Scientific Review, National Institutes of Study Section. Health, 6701 Rockledge Drive, Room 4124, Disease, Disability, and Injury Date: June 14–15, 2010. MSC 7802, Bethesda, MD 20892, (301) 435– Prevention and Control Special Time: 8 a.m. to 5 p.m. 1210, [email protected]. Emphasis Panel (SEP): Assessment of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Post-Treatment Lyme Disease applications. Review Special Emphasis Panel, PAR10–082: Syndrome, Funding Opportunity Place: Ritz Carlton Hotel, 1150 22nd Street, Shared Equipment for Macromolecular X-ray Announcement (FOA) CK10–004, Initial NW., Washington, DC 20037. and Light Scattering. Review Contact Person: Diane L. Stassi, PhD, Date: June 14–15, 2010. Scientific Review Officer, Center for Time: 8:30 a.m. to 12:30 p.m. Scientific Review, National Institutes of In accordance with Section 10(a)(2) of Agenda: To review and evaluate grant the Federal Advisory Committee Act Health, 6701 Rockledge Drive, Room 3202, applications. MSC 7808, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 (Pub. L. 92–463), the Centers for Disease 2514, [email protected]. Rockledge Drive, Bethesda, MD 20892 Control and Prevention (CDC) Name of Committee: Digestive, Kidney and (Virtual Meeting). announces the aforementioned meeting: Urological Systems Integrated Review Group, Contact Person: David R. Jollie, PhD, Time and Date: 12:30 p.m.–4:30 p.m., June Pathobiology of Kidney Disease Study Scientific Review Officer, Center for 23, 2010 (Closed). Section. Scientific Review, National Institutes of Place: Teleconference. Date: June 14–15, 2010. Health, 6701 Rockledge Drive, Room 4150, Status: The meeting will be closed to the Time: 8 a.m. to 5 p.m. MSC 7806, Bethesda, MD 20892, (301) 435– public in accordance with provisions set Agenda: To review and evaluate grant 1722, [email protected]. forth in Section 552b(c)(4) and (6), Title 5 applications. Name of Committee: Center for Scientific U.S.C., and the Determination of the Director, Place: Hilton Chicago O’Hare Airport, Review Special Emphasis Panel, Clinical and Management Analysis and Services Office, O’Hare International Airport, Chicago, IL Research Ethics. CDC, pursuant to Public Law 92–463. 60666. Date: June 14–15, 2010. Matters To Be Discussed: The meeting will Contact Person: Mushtaq A. Khan, DVM, Time: 9 a.m. to 12 p.m. include the initial review, discussion, and PhD, Scientific Review Officer, Center for Agenda: To review and evaluate grant evaluation of applications received in Scientific Review, National Institutes of applications. response to ‘‘Assessment of Post-Treatment Health, 6701 Rockledge Drive, Room 2176, Place: National Institutes of Health, 6701 Lyme Disease Syndrome,’’ FOA CK10–004. MSC 7818, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Contact Person for More Information: 1778, [email protected]. (Virtual Meeting). Maurine Goodman, MA, MPH, Scientific Name of Committee: Oncology 2— Contact Person: Karin F. Helmers, PhD, Review Administrator, CDC, 1600 Clifton Translational Clinical Integrated Review Scientific Review Officer, Center for Road, NE., Mailstop D72, Atlanta, GA 30333, Group, Clinical Oncology Study Section. Scientific Review, National Institutes of Telephone: (404) 639–4737.

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The Director, Management Analysis and staffing, and operating the ABRWH to Accident at the Oak Ridge Y–12 Plant’’), Services Office, has been delegated the HHS, which subsequently delegated this OTIB–0070 (‘‘Dose Reconstruction authority to sign Federal Register notices authority to CDC. NIOSH implements During Residual Radioactivity Periods at pertaining to announcements of meetings and this responsibility for CDC. The charter Atomic Weapons Employer Facilities’’), other committee management activities, for both CDC and the Agency for Toxic was issued on August 3, 2001, renewed and TBD 6000 (‘‘Site Profile for Atomic Substances and Disease Registry. at appropriate intervals, and will expire Weapons Employers that Worked on August 3, 2011. Uranium and Thorium Metals’’); and a Dated: May 6, 2010. Purpose: The ABRWH is charged with continuation of the comment-resolution Elaine L. Baker, (a) Providing advice to the Secretary, process for other dose reconstruction Director, Management Analysis and Services HHS, on the development of guidelines procedures under review by the Office, Centers for Disease Control and under Executive Order 13179; (b) Subcommittee. Prevention. providing advice to the Secretary, HHS, [FR Doc. 2010–12169 Filed 5–20–10; 8:45 am] The agenda is subject to change as on the scientific validity and quality of priorities dictate. BILLING CODE 4163–18–P dose reconstruction efforts performed for this program; and (c) upon request This meeting is open to the public, by the Secretary, HHS, advising the but without a public comment period. DEPARTMENT OF HEALTH AND Secretary on whether there is a class of In the event an individual wishes to HUMAN SERVICES employees at any Department of Energy provide comments, written comments facility who were exposed to radiation may be submitted. Any written Centers for Disease Control and but for whom it is not feasible to comments received will be provided at Prevention estimate their radiation dose, and on the meeting and should be submitted to the contact person below in advance of Subcommittee on Procedures Review, whether there is a reasonable likelihood the meeting. Advisory Board on Radiation and that such radiation doses may have Worker Health (ABRWH), National endangered the health of members of Contact Person for More Information: Institute for Occupational Safety and this class. The Subcommittee on Theodore Katz, Executive Secretary, Health (NIOSH) Procedures Review was established to NIOSH, CDC, 1600 Clifton Road, aid the ABRWH in carrying out its duty Mailstop E–20, Atlanta, Georgia 30333, In accordance with section 10(a)(2) of to advise the Secretary, HHS, on dose Telephone: (513) 533–6800, Toll Free: 1 the Federal Advisory Committee Act reconstructions. The Subcommittee on (800) CDC–INFO, E-mail [email protected]. (Pub. L. 92–463), the Centers for Disease Procedures Review is responsible for The Director, Management Analysis Control and Prevention (CDC) overseeing, tracking, and participating and Services Office, has been delegated announces the following meeting for the in the reviews of all procedures used in the authority to sign Federal Register aforementioned subcommittee: the dose reconstruction process by the notices pertaining to announcements of Time and Date: 9:30 a.m.–5 p.m., June NIOSH Division of Compensation meetings and other committee 8, 2010. Analysis and Support (DCAS) and its management activities, for both CDC Place: Cincinnati Airport Marriott, dose reconstruction contractor. and the Agency for Toxic Substances 2395 Progress Drive, Hebron, Kentucky Matters to be Discussed: The agenda and Disease Registry. 41018, Telephone: (859) 334–4611, Fax: for the Subcommittee meeting includes: (859) 334–4619. discussion of a draft prototype Dated: May 14, 2010. Status: Open to the public, but document for informing the public on Elaine L. Baker, without a public comment period. To completed Subcommittee procedure Director, Management Analysis and Services access by conference call dial the reviews; discussion of the following Office, Centers for Disease Control and following information: (866) 659–0537, ORAU & OCAS procedures: PER–012 Prevention. Participant Pass Code 9933701. (‘‘Evaluation of Highly Insoluble [FR Doc. 2010–12306 Filed 5–20–10; 8:45 am] Background: The ABRWH was Plutonium Compounds’’), OTIB–013 BILLING CODE 4163–18–P established under the Energy Employees (‘‘Special External Dose Reconstruction Occupational Illness Compensation Considerations for Mallinckrodt Program Act of 2000 to advise the Workers’’), OTIB–014 (‘‘Rocky Flats DEPARTMENT OF HEALTH AND President on a variety of policy and Internal Dosimetry Co-Worker HUMAN SERVICES technical functions required to Extension’’), OTIB–019 (‘‘Analysis of implement and effectively manage the Coworker Bioassay Data for Internal Centers for Disease Control and compensation program. Key functions of Dose Assignment’’), OTIB–0029 Prevention the ABRWH include providing advice (‘‘Internal Dosimetry Coworker Data for Disease, Disability, and Injury on the development of probability of Y–12’’), OTIB–0049 (‘‘Estimating Doses causation guidelines that have been for Plutonium Strongly Retained in the Prevention and Control Special promulgated by the Department of Lung’’), OTIB–0047 (External Radiation Interest Projects (SIPs): SIP 10–029, Health and Human Services (HHS) as a Monitoring at the Y–12 Facility During Pilot Study—Cancer Survivorship Care final rule; advice on methods of dose the 1948–1949 Period’’), OTIB–0047 Planning & SIP 10–030, Evaluating reconstruction which have also been (‘‘Estimating Doses for Plutonium Special Events as a Recruitment promulgated by HHS as a final rule; Strongly Retained in the Lung’’), OTIB– Strategy for Cancer Screening, Initial advice on the scientific validity and 0051 (‘‘Effect of Threshold Energy and Review quality of dose estimation and Angular Response of NTA Film on In accordance with Section 10(a)(2) of reconstruction efforts being performed Missed Neutron Dose at the Oak Ridge the Federal Advisory Committee Act for purposes of the compensation Y–12 Facility’’), OTIB–0054 (‘‘Fission (Pub. L. 92–463), the Centers for Disease program; and advice on petitions to add and Activation Product Assignment for Control and Prevention (CDC) classes of workers to the Special Internal Dose-Related Gross Beta and announces the aforementioned meeting: Exposure Cohort (SEC). Gross Gamma Analyses’’), OTIB–0054 In December 2000, the President (‘‘External Radiation Dose Estimates For TIME AND DATE: 8:30 a.m.–6 p.m., June 9, delegated responsibility for funding, Individuals Near the 1958 Criticality 2010 (Closed).

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PLACE: W Hotel—Buckhead, 3377 FOR FURTHER INFORMATION CONTACT: This action terminates the Peachtree Road NE., Atlanta, GA 30326, Peggy Miller, Recovery Directorate, appointment of Michael H. Smith as (678) 500–3100. Federal Emergency Management Federal Coordinating Officer for this STATUS: The meeting will be closed to Agency, 500 C Street, SW., Washington, disaster. the public in accordance with DC 20472, (202) 646–3886. The following Catalog of Federal Domestic provisions set forth in Section 552b(c) SUPPLEMENTARY INFORMATION: Notice is Assistance Numbers (CFDA) are to be used (4) and (6), Title 5 U.S.C., and the hereby given that the incident period for for reporting and drawing funds: 97.030, Determination of the Director, this emergency is closed effective April Community Disaster Loans; 97.031, Cora Management Analysis and Services 30, 2010. Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Office, CDC, pursuant to Public Law 92– The following Catalog of Federal Domestic Disaster Unemployment Assistance (DUA); 463. Assistance Numbers (CFDA) are to be used 97.046, Fire Management Assistance Grant; MATTERS TO BE DISCUSSED: The meeting for reporting and drawing funds: 97.030, 97.048, Disaster Housing Assistance to will include the initial review, Community Disaster Loans; 97.031, Cora Individuals and Households in Presidentially Brown Fund; 97.032, Crisis Counseling; discussion, and evaluation of Declared Disaster Areas; 97.049, 97.033, Disaster Legal Services; 97.034, Presidentially Declared Disaster Assistance— applications received in response to Disaster Unemployment Assistance (DUA); Disaster Housing Operations for Individuals ‘‘SIP 10–029, Pilot Study—Cancer 97.046, Fire Management Assistance Grant; and Households; 97.050, Presidentially Survivorship Care Planning & SIP 10– 97.048, Disaster Housing Assistance to Declared Disaster Assistance to Individuals 030, Evaluating Special Events as a Individuals and Households in Presidentially and Households—Other Needs; 97.036, Recruitment Strategy for Cancer Declared Disaster Areas; 97.049, Disaster Grants—Public Assistance Screening.’’ Presidentially Declared Disaster Assistance— (Presidentially Declared Disasters); 97.039, Disaster Housing Operations for Individuals Hazard Mitigation Grant. CONTACT PERSON FOR MORE INFORMATION: and Households; 97.050, Presidentially Michelle Mathieson, Public Health Declared Disaster Assistance to Individuals W. Craig Fugate, and Households—Other Needs; 97.036, Analyst, National Center for Chronic Administrator, Federal Emergency Disease and Health Promotion, Office of Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Management Agency. the Director, Extramural Research Hazard Mitigation Grant. [FR Doc. 2010–12198 Filed 5–20–10; 8:45 am] Program Office, CDC, 4770 Buford BILLING CODE 9111–23–P Highway, NE., Mailstop K–92, Atlanta, W. Craig Fugate, GA 30341, Telephone: (770) 488–3068, Administrator, Federal Emergency E-mail: [email protected]. Management Agency. DEPARTMENT OF HOMELAND The Director, Management Analysis [FR Doc. 2010–12191 Filed 5–20–10; 8:45 am] SECURITY and Services Office, has been delegated BILLING CODE 9111–23–P the authority to sign Federal Register Federal Emergency Management notices pertaining to announcements of Agency DEPARTMENT OF HOMELAND meetings and other committee [Internal Agency Docket No. FEMA–1912– management activities, for both CDC SECURITY DR; Docket ID FEMA–2010–0002] and the Agency for Toxic Substances Federal Emergency Management and Disease Registry. Kentucky; Amendment No. 1 to Notice Agency Dated: May 14, 2010. of a Major Disaster Declaration [Internal Agency Docket No. FEMA–1884– Elaine L. Baker, DR; Docket ID FEMA–2010–0002] AGENCY: Federal Emergency Director, Management Analysis and Services Management Agency, DHS. Office, Centers for Disease Control and California Amendment No. 1 to Notice ACTION: Notice. Prevention. of a Major Disaster Declaration [FR Doc. 2010–12212 Filed 5–20–10; 8:45 am] SUMMARY: This notice amends the notice BILLING CODE 4163–18–P AGENCY: Federal Emergency of a major disaster declaration for the Management Agency, DHS. Commonwealth of Kentucky (FEMA– ACTION: Notice. 1912–DR), dated May 11, 2010, and related determinations. DEPARTMENT OF HOMELAND SUMMARY: This notice amends the notice DATES: Effective Date: May 17, 2010. SECURITY of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: State of California (FEMA–1884–DR), Federal Emergency Management dated March 8, 2010, and related Peggy Miller, Recovery Directorate, Agency determinations. Federal Emergency Management Agency, 500 C Street, SW., Washington, [Internal Agency Docket No. FEMA–3309– DATES: Effective Date: April 18, 2010. EM; Docket ID FEMA–2010–0002] DC 20472, (202) 646–3886. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The notice North Dakota; Amendment No. 1 to Peggy Miller, Recovery Directorate, of a major disaster declaration for the Notice of an Emergency Declaration Federal Emergency Management Commonwealth of Kentucky is hereby Agency, 500 C Street, SW., Washington, amended to include the following areas AGENCY: Federal Emergency DC 20472, (202) 646–3886. among those areas determined to have Management Agency, DHS. SUPPLEMENTARY INFORMATION: The been adversely affected by the event ACTION: Notice. Federal Emergency Management Agency declared a major disaster by the (FEMA) hereby gives notice that President in his declaration of May 11, SUMMARY: This notice amends the notice pursuant to the authority vested in the 2010. of an emergency declaration for the Administrator, under Executive Order Adair, Bath, Boyd, Carter, Franklin, State of North Dakota (FEMA–3309– 12148, as amended, Sandy Coachman, EM), dated March 14, 2010, and related Greenup, Madison, Marion, and Mercer of FEMA is appointed to act as the Counties for Individual Assistance. determinations. Federal Coordinating Officer for this Adair, Barren, Bath, Boyle, Carter, DATES: Effective Date: April 30, 2010. disaster. Cumberland, Edmonson, Garrard, Grayson,

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Jessamine, Madison, Marion, Menifee, for reporting and drawing funds: 97.030, 97.048, Disaster Housing Assistance to Nelson, Simpson, Warren, and Washington Community Disaster Loans; 97.031, Cora Individuals and Households in Presidentially Counties for Public Assistance. Brown Fund; 97.032, Crisis Counseling; Declared Disaster Areas; 97.049, Casey, Lincoln, Rowan, and Woodford 97.033, Disaster Legal Services; 97.034, Presidentially Declared Disaster Assistance— Counties for Public Assistance (already Disaster Unemployment Assistance (DUA); Disaster Housing Operations for Individuals designated for Individual Assistance). 97.046, Fire Management Assistance Grant; and Households; 97.050, Presidentially The following Catalog of Federal Domestic 97.048, Disaster Housing Assistance to Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used Individuals and Households in Presidentially and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Declared Disaster Areas; 97.049, Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora Presidentially Declared Disaster Assistance— (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Disaster Housing Operations for Individuals Hazard Mitigation Grant. and Households; 97.050, Presidentially 97.033, Disaster Legal Services; 97.034, W. Craig Fugate, Disaster Unemployment Assistance (DUA); Declared Disaster Assistance to Individuals 97.046, Fire Management Assistance Grant; and Households—Other Needs; 97.036, Administrator, Federal Emergency 97.048, Disaster Housing Assistance to Disaster Grants—Public Assistance Management Agency. Individuals and Households in Presidentially (Presidentially Declared Disasters); 97.039, [FR Doc. 2010–12196 Filed 5–20–10; 8:45 am] Declared Disaster Areas; 97.049, Hazard Mitigation Grant. BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— W. Craig Fugate, Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Administrator, Federal Emergency DEPARTMENT OF HOMELAND Management Agency. Declared Disaster Assistance to Individuals SECURITY and Households—Other Needs; 97.036, [FR Doc. 2010–12200 Filed 5–20–10; 8:45 am] Disaster Grants—Public Assistance BILLING CODE 9111–23–P Federal Emergency Management (Presidentially Declared Disasters); 97.039, Agency Hazard Mitigation Grant. [Internal Agency Docket No. FEMA–1897– W. Craig Fugate, DEPARTMENT OF HOMELAND SECURITY DR; Docket ID FEMA–2010–0002] Administrator, Federal Emergency Management Agency. Federal Emergency Management New Jersey; Amendment No. 2 to [FR Doc. 2010–12201 Filed 5–20–10; 8:45 am] Agency Notice of a Major Disaster Declaration BILLING CODE 9111–23–P [Internal Agency Docket No. FEMA–1875– AGENCY: Federal Emergency DR; Docket ID FEMA–2010–0002] Management Agency, DHS. DEPARTMENT OF HOMELAND ACTION: Notice. Maryland; Amendment No. 2 to Notice SECURITY of a Major Disaster Declaration SUMMARY: This notice amends the notice of a major disaster declaration for the Federal Emergency Management AGENCY: Federal Emergency Agency State of New Jersey (FEMA–1897–DR), Management Agency, DHS. dated April 2, 2010, and related [Internal Agency Docket No. FEMA–1908– ACTION: Notice. determinations. DR; Docket ID FEMA–2010–0002] SUMMARY: This notice amends the notice DATES: Effective Date: May 7, 2010. Alabama; Amendment No. 1 to Notice of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: of a Major Disaster Declaration State of Maryland (FEMA–1875–DR), Peggy Miller, Recovery Directorate, dated February 19, 2010, and related Federal Emergency Management AGENCY: Federal Emergency determinations. Agency, 500 C Street, SW., Washington, Management Agency, DHS. DATES: Effective Date: May 7, 2010. DC 20472, (202) 646–3886. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The notice SUMMARY: This notice amends the notice Peggy Miller, Recovery Directorate, of a major disaster declaration for the of a major disaster declaration for the Federal Emergency Management State of New Jersey is hereby amended State of Alabama (FEMA–1908–DR), Agency, 500 C Street, SW., Washington, to include the following areas among dated May 3, 2010, and related DC 20472, (202) 646–3886. those areas determined to have been adversely affected by the event declared determinations. SUPPLEMENTARY INFORMATION: The notice a major disaster by the President in his of a major disaster declaration for the DATES: Effective Date: May 7, 2010. declaration of April 2, 2010. FOR FURTHER INFORMATION CONTACT: State of Maryland is hereby amended to include the Hazard Mitigation Grant Burlington County for Individual Peggy Miller, Recovery Directorate, Assistance. Federal Emergency Management Program for the following areas among those areas determined to have been Cumberland and Ocean Counties for Agency, 500 C Street, SW., Washington, Individual Assistance and Public Assistance. DC 20472, (202) 646–3886. adversely affected by the event declared Gloucester County for Public Assistance a major disaster by the President in his SUPPLEMENTARY INFORMATION: The notice (already designated for Individual declaration of February 19, 2010. of a major disaster declaration for the Assistance). State of Alabama is hereby amended to All jurisdictions in the State of Maryland Hunterdon County for Public Assistance. include the following area among those are eligible to apply for assistance under the The following Catalog of Federal Domestic areas determined to have been adversely Hazard Mitigation Grant Program. Assistance Numbers (CFDA) are to be used affected by the event declared a major (The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, disaster by the President in his Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; declaration of May 3, 2010. Community Disaster Loans; 97.031, Cora 97.033, Disaster Legal Services; 97.034, Walker County for Individual Assistance Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); and Public Assistance. 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; The following Catalog of Federal Domestic Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to Assistance Numbers (CFDA) are to be used 97.046, Fire Management Assistance Grant; Individuals and Households in Presidentially

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Declared Disaster Areas; 97.049, and Households; 97.050, Presidentially Disaster Housing Operations for Individuals Presidentially Declared Disaster Assistance— Declared Disaster Assistance to Individuals and Households; 97.050, Presidentially Disaster Housing Operations for Individuals and Households—Other Needs; 97.036, Declared Disaster Assistance to Individuals and Households; 97.050, Presidentially Disaster Grants—Public Assistance and Households—Other Needs; 97.036, Declared Disaster Assistance to Individuals (Presidentially Declared Disasters); 97.039, Disaster Grants—Public Assistance and Households—Other Needs; 97.036, Hazard Mitigation Grant. (Presidentially Declared Disasters); 97.039, Disaster Grants—Public Assistance Hazard Mitigation Grant. (Presidentially Declared Disasters); 97.039, W. Craig Fugate, Hazard Mitigation Grant. Administrator, Federal Emergency W. Craig Fugate, Management Agency. Administrator, Federal Emergency W. Craig Fugate, [FR Doc. 2010–12202 Filed 5–20–10; 8:45 am] Management Agency. Administrator, Federal Emergency BILLING CODE 9111–23–P [FR Doc. 2010–12194 Filed 5–20–10; 8:45 am] Management Agency. BILLING CODE 9111–23–P [FR Doc. 2010–12195 Filed 5–20–10; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HOMELAND Federal Emergency Management SECURITY Agency Federal Emergency Management Agency [Internal Agency Docket No. FEMA–1909– Federal Emergency Management DR; Docket ID FEMA–2010–0002] [Internal Agency Docket No. FEMA–1908– Agency DR; Docket ID FEMA–2010–0002] [Internal Agency Docket No. FEMA–1909– Tennessee; Amendment No. 6 to DR; Docket ID FEMA–2010–0002] Notice of a Major Disaster Declaration Alabama; Major Disaster and Related Determinations AGENCY: Federal Emergency Tennessee; Amendment No. 5 to Management Agency, DHS. AGENCY: Notice of a Major Disaster Declaration Federal Emergency ACTION: Notice. Management Agency, DHS. AGENCY: Federal Emergency ACTION: Notice. Management Agency, DHS. SUMMARY: This notice amends the notice ACTION: Notice. of a major disaster declaration for the SUMMARY: This is a notice of the State of Tennessee (FEMA–1909–DR), Presidential declaration of a major SUMMARY: This notice amends the notice dated May 4, 2010, and related disaster for the State of Alabama of a major disaster declaration for the determinations. (FEMA–1908–DR), dated May 3, 2010, State of Tennessee (FEMA–1909–DR), DATES: Effective Date: May 8, 2010. and related determinations. dated May 4, 2010, and related DATES: Effective Date: May 3, 2010. determinations. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate, FOR FURTHER INFORMATION CONTACT: DATES: Effective Date: May 7, 2010. Federal Emergency Management Peggy Miller, Recovery Directorate, FOR FURTHER INFORMATION CONTACT: Agency, 500 C Street, SW., Washington, Federal Emergency Management Peggy Miller, Recovery Directorate, DC 20472, (202) 646–3886. Agency, 500 C Street, SW., Washington, Federal Emergency Management SUPPLEMENTARY INFORMATION: The notice DC 20472, (202) 646–3886. Agency, 500 C Street, SW., Washington, of a major disaster declaration for the SUPPLEMENTARY INFORMATION: Notice is DC 20472, (202) 646–3886. State of Tennessee is hereby amended to hereby given that, in a letter dated May SUPPLEMENTARY INFORMATION: The notice include the following areas among those 3, 2010, the President issued a major of a major disaster declaration for the areas determined to have been adversely disaster declaration under the authority State of Tennessee is hereby amended to affected by the event declared a major of the Robert T. Stafford Disaster Relief include the following areas among those disaster by the President in his and Emergency Assistance Act, 42 areas determined to have been adversely declaration of May 4, 2010. U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), affected by the event declared a major as follows: disaster by the President in his Chester, Clay, DeKalb, Hardin, Jackson, Lauderdale, Lawrence, Lewis, Macon, I have determined that the damage in declaration of May 4, 2010. Stewart, Trousdale, and Wayne Counties for certain areas of the State of Alabama Robertson, Smith, and Wilson Counties for Individual Assistance. resulting from severe storms, tornadoes, Individual Assistance. Chester, Clay, DeKalb, Hardin, Jackson, straight-line winds, and flooding during the Robertson, Smith, and Wilson Counties for Lauderdale, Lawrence, Lewis, Macon, period April 24–25, 2010, is of sufficient debris removal and emergency protective Stewart, Trousdale, and Wayne Counties for severity and magnitude to warrant a major measures (Categories A and B), including debris removal and emergency protective disaster declaration under the Robert T. direct Federal assistance, under the Public measures (Categories A and B), including Stafford Disaster Relief and Emergency Assistance program. direct Federal assistance, under the Public Assistance Act, 42 U.S.C. 5121 et seq. (the The following Catalog of Federal Domestic Assistance program. ‘‘Stafford Act’’). Therefore, I declare that such Assistance Numbers (CFDA) are to be used The following Catalog of Federal Domestic a major disaster exists in the State of for reporting and drawing funds: 97.030, Assistance Numbers (CFDA) are to be used Alabama. Community Disaster Loans; 97.031, Cora for reporting and drawing funds: 97.030, In order to provide Federal assistance, you Brown Fund; 97.032, Crisis Counseling; Community Disaster Loans; 97.031, Cora are hereby authorized to allocate from funds 97.033, Disaster Legal Services; 97.034, Brown Fund; 97.032, Crisis Counseling; available for these purposes such amounts as Disaster Unemployment Assistance (DUA); 97.033, Disaster Legal Services; 97.034, you find necessary for Federal disaster 97.046, Fire Management Assistance Grant; Disaster Unemployment Assistance (DUA); assistance and administrative expenses. 97.048, Disaster Housing Assistance to 97.046, Fire Management Assistance Grant; You are authorized to provide Individual Individuals and Households in Presidentially 97.048, Disaster Housing Assistance to Assistance and Public Assistance in the Declared Disaster Areas; 97.049, Individuals and Households in Presidentially designated areas, and Hazard Mitigation Presidentially Declared Disaster Assistance— Declared Disaster Areas; 97.049, throughout the State. Consistent with the Disaster Housing Operations for Individuals Presidentially Declared Disaster Assistance— requirement that Federal assistance is

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supplemental, any Federal funds provided DEPARTMENT OF HOMELAND Federal Coordinating Officer for this under the Stafford Act for Public Assistance, SECURITY major disaster. Hazard Mitigation, and Other Needs The following area of the State of Assistance will be limited to 75 percent of Federal Emergency Management California has been designated as the total eligible costs. Agency adversely affected by this major disaster: Further, you are authorized to make Imperial County for Public Assistance. changes to this declaration for the approved [Internal Agency Docket No. FEMA–1911– DR; Docket ID FEMA–2010–0002] Direct Federal Assistance is authorized. assistance to the extent allowable under the All counties within the State of California Stafford Act. California; Major Disaster and Related are eligible to apply for assistance under the Determinations Hazard Mitigation Grant Program. The time period prescribed for the The following Catalog of Federal Domestic implementation of section 310(a), AGENCY: Federal Emergency Assistance Numbers (CFDA) are to be used Priority to Certain Applications for Management Agency, DHS. for reporting and drawing funds: 97.030, Public Facility and Public Housing Community Disaster Loans; 97.031, Cora ACTION: Notice. Assistance, 42 U.S.C. 5153, shall be for Brown Fund; 97.032, Crisis Counseling; a period not to exceed six months after 97.033, Disaster Legal Services; 97.034, SUMMARY: This is a notice of the Disaster Unemployment Assistance (DUA); the date of this declaration. Presidential declaration of a major 97.046, Fire Management Assistance Grant; The Federal Emergency Management disaster for the State of California 97.048, Disaster Housing Assistance to Agency (FEMA) hereby gives notice that (FEMA–1911–DR), dated May 7, 2010, Individuals and Households in Presidentially pursuant to the authority vested in the and related determinations. Declared Disaster Areas; 97.049, DATES: Effective Date: May 7, 2010. Presidentially Declared Disaster Assistance— Administrator, under Executive Order Disaster Housing Operations for Individuals 12148, as amended, W. Michael Moore, FOR FURTHER INFORMATION CONTACT: and Households; 97.050, Presidentially of FEMA is appointed to act as the Peggy Miller, Recovery Directorate, Declared Disaster Assistance to Individuals Federal Coordinating Officer for this Federal Emergency Management and Households—Other Needs; 97.036, major disaster. Agency, 500 C Street, SW., Washington, Disaster Grants—Public Assistance DC 20472, (202) 646–3886. (Presidentially Declared Disasters); 97.039, The following areas of the State of Hazard Mitigation Grant. Alabama have been designated as SUPPLEMENTARY INFORMATION: Notice is adversely affected by this major disaster: hereby given that, in a letter dated May W. Craig Fugate, 7, 2010, the President issued a major Administrator, Federal Emergency DeKalb and Marshall Counties for disaster declaration under the authority Management Agency. Individual Assistance. of the Robert T. Stafford Disaster Relief [FR Doc. 2010–12193 Filed 5–20–10; 8:45 am] DeKalb and Marshall Counties for Public and Emergency Assistance Act, 42 BILLING CODE 9111–23–P Assistance. U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), All counties within the State of Alabama as follows: are eligible to apply for assistance under the I have determined that the damage in DEPARTMENT OF HOMELAND Hazard Mitigation Grant Program. SECURITY The following Catalog of Federal Domestic certain areas of the State of California resulting from an earthquake beginning on Assistance Numbers (CFDA) are to be used April 4, 2010, and continuing, is of sufficient Federal Emergency Management for reporting and drawing funds: 97.030, severity and magnitude to warrant a major Agency Community Disaster Loans; 97.031, Cora disaster declaration under the Robert T. [Internal Agency Docket No. FEMA–1910– Brown Fund; 97.032, Crisis Counseling; Stafford Disaster Relief and Emergency DR; Docket ID FEMA–2010–0002] 97.033, Disaster Legal Services; 97.034, Assistance Act, 42 U.S.C. 5121 et seq. (the Disaster Unemployment Assistance (DUA); ‘‘ ’’ Stafford Act ). Therefore, I declare that such Maryland; Major Disaster and Related 97.046, Fire Management Assistance Grant; a major disaster exists in the State of 97.048, Disaster Housing Assistance to California. Determinations Individuals and Households in Presidentially In order to provide Federal assistance, you AGENCY: Federal Emergency Declared Disaster Areas; 97.049, are hereby authorized to allocate from funds Management Agency, DHS. available for these purposes such amounts as Presidentially Declared Disaster Assistance— ACTION: Notice. Disaster Housing Operations for Individuals you find necessary for Federal disaster assistance and administrative expenses. and Households; 97.050, Presidentially You are authorized to provide Public SUMMARY: This is a notice of the Declared Disaster Assistance to Individuals Assistance in the designated areas and Presidential declaration of a major and Households—Other Needs; 97.036, Hazard Mitigation throughout the State. disaster for the State of Maryland Disaster Grants—Public Assistance Direct Federal assistance is authorized. (FEMA–1910–DR), dated May 6, 2010, (Presidentially Declared Disasters); 97.039, Consistent with the requirement that Federal and related determinations. Hazard Mitigation Grant. assistance is supplemental, any Federal DATES: Effective Date: May 6, 2010. funds provided under the Stafford Act for W. Craig Fugate, Public Assistance and Hazard Mitigation will FOR FURTHER INFORMATION CONTACT: Administrator, Federal Emergency be limited to 75 percent of the total eligible Peggy Miller, Recovery Directorate, Management Agency. costs. Federal Emergency Management [FR Doc. 2010–12197 Filed 5–20–10; 8:45 am] Further, you are authorized to make Agency, 500 C Street, SW., Washington, changes to this declaration for the approved DC 20472, (202) 646–3886. BILLING CODE 9111–23–P assistance to the extent allowable under the SUPPLEMENTARY INFORMATION: Notice is Stafford Act. hereby given that, in a letter dated May The Federal Emergency Management 6, 2010, the President issued a major Agency (FEMA) hereby gives notice that disaster declaration under the authority pursuant to the authority vested in the of the Robert T. Stafford Disaster Relief Administrator, under Executive Order and Emergency Assistance Act, 42 12148, as amended, Sandy Coachman, U.S.C. 5121 et seq. (the ‘‘Stafford Act’’), of FEMA is appointed to act as the as follows:

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I have determined that the damage in The following Catalog of Federal Domestic Reports Management Officer, QDAM, certain areas of the State of Maryland Assistance Numbers (CFDA) are to be used Department of Housing and Urban resulting from severe winter storms and for reporting and drawing funds: 97.030, Development, 451 7th Street, SW., snowstorms during the period of February 5– Community Disaster Loans; 97.031, Cora Room 4178, Washington, DC 20410– 11, 2010, is of sufficient severity and Brown Fund; 97.032, Crisis Counseling; magnitude to warrant a major disaster 97.033, Disaster Legal Services; 97.034, 5000; telephone 202–402–8048, (this is declaration under the Robert T. Stafford Disaster Unemployment Assistance (DUA); not a toll-free number) or e-mail Mr. Disaster Relief and Emergency Assistance 97.046, Fire Management Assistance Grant; McKinney at Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford 97.048, Disaster Housing Assistance to [email protected] for a copy of Act’’). Therefore, I declare that such a major Individuals and Households in Presidentially the proposed forms, or other available disaster exists in the State of Maryland. Declared Disaster Areas; 97.049, information. Copies of available In order to provide Federal assistance, you Presidentially Declared Disaster Assistance— documents submitted to OMB may be are hereby authorized to allocate from funds Disaster Housing Operations for Individuals obtained from Mr. McKinney. available for these purposes such amounts as and Households; 97.050, Presidentially you find necessary for Federal disaster Declared Disaster Assistance to Individuals SUPPLEMENTARY INFORMATION: This assistance and administrative expenses. and Households—Other Needs; 97.036, Notice informs the public that the U.S. You are authorized to provide Public Disaster Grants—Public Assistance Department of Housing and Urban Assistance in the designated areas and (Presidentially Declared Disasters); 97.039, Development (HUD) has submitted to Hazard Mitigation throughout the State. You Hazard Mitigation Grant. are further authorized to provide emergency OMB, for emergency processing, a protective measures, including snow W. Craig Fugate, proposed information collection that combines and simplifies reporting for assistance, under the Public Assistance Administrator, Federal Emergency program for any continuous 48-hour period Management Agency. the Indian Housing Plan and Annual during or proximate to the incident period. Performance Report and reduces the [FR Doc. 2010–12192 Filed 5–20–10; 8:45 am] You may extend the period of assistance, as estimated annual burden hours for warranted. For the authorized areas, the time BILLING CODE 9111–23–P preparing the combined report. period for emergency protective measures, Recipients of IHBG funds are required including snow assistance, under the Public Assistance program is extended from 48 to submit an annual Indian Housing DEPARTMENT OF HOUSING AND Plan (IHP) (HUD–52735) that provides a hours to 72 hours. This assistance excludes URBAN DEVELOPMENT regular time costs for the sub-grantees’ series of goals and objectives for the regular employees. [Docket No. FR–5281–N–39] recipient to accomplish with the IHBG Further, you are authorized to make funds to provide affordable housing for changes to this declaration for the approved Notice of Submission of Proposed its low- to moderate-income tribal assistance to the extent allowable under the Information Collection to OMB; members (Native American Housing Stafford Act. Emergency Comment Request; Indian Assistance and Self-Determination Act The Federal Emergency Management Housing Block Grant (IHBG) Program (NAHASDA), § 102). Agency (FEMA) hereby gives notice that (Combined and Simplified Indian At the end of each 1-year period the pursuant to the authority vested in the Housing Plan and Annual Performance recipient is to submit an Annual Administrator, under Executive Order Reporting Requirements) Performance Report (APR) (HUD– 12148, as amended, Regis Leo Phelan, of 52735–AS) to (1) Describe the use of AGENCY: Office of the Chief Information FEMA is appointed to act as the Federal grant funds; (2) compare relationship of Officer. Coordinating Officer for this major grant fund use to the IHP goals and disaster. ACTION: Notice of proposed information objectives; (3) discuss program The following areas of the State of collection. accomplishments; and (4) describe how Maryland have been designated as the recipient would change its program adversely affected by this major disaster: SUMMARY: The proposed information collection requirement described below delivery and implementation based Allegany, Anne Arundel, Baltimore, has been submitted to the Office of upon the recipient’s experience Calvert, Caroline, Carroll, Cecil, Charles, Management and Budget (OMB) for (NAHASDA § 404). Dorchester, Frederick, Garrett, Harford, IHBG recipients (tribes and tribally Howard, Kent, Montgomery, Prince George’s, emergency review and approval, as required by the Paperwork Reduction designated housing entities) are Queen Anne’s, Saint Mary’s, Talbot, required to submit information annually Washington, and Wicomico Counties and the Act. The Department is soliciting public Independent City of Baltimore for Public comments on the subject proposal, to to demonstrate compliance with Assistance. assure better understanding of the eligibility and other requirements of Allegany, Anne Arundel, Baltimore, reporting requirements and consistency NAHASDA and for HUD’s annual report Calvert, Caroline, Carroll, Charles, in the submission of data. to Congress. The information collected Dorchester, Frederick, Garrett, Harford, enables HUD to maintain its databases Montgomery, Prince George’s, Queen Anne’s, DATES: June 4, 2010. in order to monitor a recipient’s Saint Mary’s, Washington, and Wicomico ADDRESSES: Interested persons are performance and determine program Counties and the Independent City of invited to submit comments regarding compliance. Baltimore for emergency protective measures this proposal. Comments must be (Category B), including snow assistance, The proposal to create a combined under the Public Assistance program for any received within seven (14) days from IHP/APR reporting form is necessary for continuous 48-hour period during or the date of this Notice. Comments improving the quality of reported data proximate to the incident period. should refer to the proposal by name/or and reducing the burden hours to Cecil, Howard, Kent, and Talbot Counties OMB approval number and should be complete the forms. HUD anticipates for emergency protective measures (Category sent to: HUD Desk Officer, Office of that the simplification of the IHP will B), including snow assistance, under the Management and Budget, New reduce the average estimated hours to Public Assistance program for any Executive Office Building, Washington, complete the IHP section of the IHP/ continuous 72-hour period during or DC 20503; e-mail: OIRA_Submission proximate to the incident period. APR. The simplification of the APR and All counties within the State of Maryland @omb.eop.gov; fax: (202) 395–5806. combining it with the IHP enables are eligible to apply for assistance under the FOR FURTHER INFORMATION CONTACT: recipients to avoid unnecessary data Hazard Mitigation Grant Program. Leroy McKinney, Jr., Departmental entry while eliminating the need to

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report on multiple open grants in each Dated: May 17, 2010. on the conditions which must be met for APR, thereby improving data quality Leroy McKinney, Jr., the waiver to be provided. Comments and reducing reporting burden. In Departmental Reports Management Officer, will be taken into consideration in compliance with requirements of 5 CFR Office of the Chief Information Officer. determining whether any modifications 1320.13, the agency cannot reasonably [FR Doc. 2010–12221 Filed 5–20–10; 8:45 am] should be made to the waiver eligibility comply with the normal clearance BILLING CODE 4210–67–P conditions. procedures under this part because the DATES: Effective Date: February 1, 2010 statutory changes accelerate the through February 1, 2011. submission of the IHP starting in fiscal DEPARTMENT OF HOUSING AND Comment Due Date. June 21, 2010. year 2011. With implementation of the URBAN DEVELOPMENT ADDRESSES: Interested persons are statutory changes, the IHP is due 75 [Docket No. FR–5397–N–01] invited to submit comments regarding days prior to the beginning of the this rule to the Regulations Division, RIN 2502–ZA05 grantee’s fiscal year. For grantees with a Office of General Counsel, 451 7th Street, SW., Room 10276, Department of fiscal year beginning in October 1, 2010, Federal Housing Administration Housing and Urban Development, the revised IHP will be due July 16, (FHA)—Temporary Exemption From Washington, DC 20410–0500. 2010. Compliance With FHA’s Regulation on Communications must refer to the above Property Flipping Title of Proposed Notice: Indian docket number and title. There are two Housing Block Grant Program AGENCY: Office of the Assistant methods for submitting public (Combined Indian Housing Plan and Secretary for Housing—Federal Housing comments. All submissions must refer Annual Performance Reporting Commissioner, HUD. to the above docket number and title. Requirements). ACTION: Notice. 1. Submission of Comments by Mail. Description of Information Collection: Comments may be submitted by mail to This is a revision of a previously SUMMARY: This notice announces that the Regulations Division, Office of approved information collection. The FHA has waived its regulation that General Counsel, Department of Department of Housing and Urban prohibits the use of FHA financing to Housing and Urban Development, 451 7th Street, SW., Room 10276, Development is seeking emergency purchase properties that are being resold within 90 days of the previous Washington, DC 20410–0500. review of the Paperwork Reduction Act 2. Electronic Submission of requirements associated with HUD’s acquisition. Prior to the waiver of this regulation, which took effect for all sales Comments. Interested persons may proposed combined IHP/APR. The contracts executed on or after February submit comments electronically through combined reporting format will simplify 1, 2010, a mortgage was not eligible for the Federal eRulemaking Portal at the reporting process, improve the FHA insurance if the contract of sale for http://www.regulations.gov. HUD quality of data submitted annually, and the purchase of the property that is the strongly encourages commenters to reduce the annual burden for recipients subject of the mortgage is executed submit comments electronically. IHBG funds. As a result, HUD will within 90 days of the prior acquisition Electronic submission of comments receive improved reporting data for by the seller and the seller does not allows the commenter maximum time to monitoring a recipient’s performance come under any of the exemptions to prepare and submit a comment, ensures and determining program compliance. this 90-day period that are specified in timely receipt by HUD, and enables OMB Control Number: 2577–0218. the regulation. During this period of HUD to make them immediately available to the public. Comments Agency Form Numbers: HUD–52735, high foreclosures, FHA seeks to encourage investors that specialize in submitted electronically through the HUD–52735–AS. (This revision acquiring and renovating properties to http://www.regulations.gov Web site can modifies and combines both the HUD– renovate foreclosed and abandoned be viewed by other commenters and 52735 and 52735–AS and requests that homes with the objective of increasing interested members of the public. the revised combined form be assigned the availability of affordable homes for Commenters should follow the a new form number or letter first-time and other purchasers and instructions provided on that site to designation. Prior editions of the HUD– helping to stabilize real estate prices as submit comments electronically. 52735 should become obsolete. The well as neighborhoods and communities Note: To receive consideration as public HUD–52735–AS will need to be used for where foreclosure activity has been comments, comments must be submitted approximately three more years.) high. While the waiver is granted for the through one of the two methods specified Members of Affected Public: Tribes purpose of stimulating rehabilitation of above. Again, all submissions must refer to and tribally designated housing entities. foreclosed and abandoned homes, the the docket number and title of the rule. waiver is applicable to all properties Estimation of the total numbers of No Facsimile Comments. Facsimile being resold within the 90-day period (FAX) comments are not acceptable. hours needed to prepare the information after prior acquisition, and is not Public Inspection of Public collection including number of limited to foreclosed properties. Comments. All properly submitted respondents, frequency of responses, The waiver, however, has conditions, comments and communications and hours of responses: The estimated and eligible mortgages must meet the submitted to HUD will be available for number of respondents is 366; the conditions specified in this notice. public inspection and copying between frequency of response is once per year; Additionally, the waiver is not 8 a.m. and 5 p.m. weekdays at the above and the total reporting burden will applicable to mortgages insured under address. Due to security measures at the reduce significantly from the current HUD’s Home Equity Conversion HUD Headquarters building, an advance total reporting time of 93,308 hours to Mortgage (HECM) Program. appointment to review the public 52,941 hours. Although the waiver is currently in comments must be scheduled by calling Authority: The Paperwork Reduction Act effect, HUD seeks comments from the Regulations Division at 202–708– of 1995, 44 U.S.C. Chapter 35, as amended. industry, potential purchasers, and 3055 (this is not a toll-free number). other interested members of the public Individuals with speech or hearing

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impairments may access this number exceptions contained in § 203.37a(c) to insurance. Again, however, while the through TTY by calling the Federal the 90-day time restrictions to include waiver is granted for the purpose of Information Relay Service at 800–877– such transactions as sales of single stimulating rehabilitation of foreclosed 8339. Copies of all comments submitted family properties by government- and abandoned homes, the waiver is are available for inspection and sponsored enterprises (GSEs), state- and applicable to all properties being resold downloading at http:// federally-chartered financial within the 90-day period after prior www.regulations.gov. institutions, nonprofits organizations acquisition. The waiver is not limited to FOR FURTHER INFORMATION CONTACT: approved to purchase HUD Real Estate- the resale of foreclosed properties. Margaret E. Burns, Director, Office of Owned (REO) single family properties at a discount with resale restrictions, local II. Eligibility for Waiver of 24 CFR Single Family Program Development, 203.37a(b)(2) Office of Housing, Department of and state governments and their To be eligible for the waiver of the Housing and Urban Development, 451 instrumentalities, and, upon Property Flipping Rule, an FHA- 7th Street, SW., Washington, DC 20410– announcement by HUD through issuance of a notice, sales of properties approved mortgagee must meet the 8000; telephone number 202–708–2121 in areas designated by the President as following conditions: (this is not a toll-free number). Persons federal disaster areas. 1. All transactions must be arms- with hearing or speech impairments The downturn in the housing market length, with no identity of interest may access this number through TTY by over the last two years has seen a rapid between the buyer and seller or other calling the toll-free Federal Information rise of homeowners defaulting on parties participating in the sales Relay Service at 800–877–8339. mortgages and consequently a rise in transaction. Some ways that the lender SUPPLEMENTARY INFORMATION: foreclosed homes. A variety of measures can ensure that there is no inappropriate I. Background to avoid foreclosures have been initiated collusion or agreement between parties, at the federal, state and local level, most are to assess and determine the Section 203.37a(b)(2) of HUD’s notably the Administration’s Home following: regulations (24 CFR 203.37a(b)(2)) Affordable Modification Program. a. The seller holds title to the establishes FHA’s rule on property Despite these efforts to keep families in property; flipping and this section provides that their homes, foreclosures remain high b. Limited liability companies, FHA will not insure a mortgage for a and not only do foreclosures affect the corporations, or trusts that are serving as property if the contract of sale is families that lost their homes, but they sellers were established and are executed within 90 days of the affect neighborhoods and communities. operated in accordance with applicable acquisition of the property by the seller. While HUD continues its efforts to help state and federal law; Section 203.37a(c) lists the sales homeowners remain in their homes, c. No pattern of previous flipping transactions that are exempt from this through waiver of its regulation on activity exists for the subject property as rule. The exempt transactions include, property flipping, HUD seeks to help evidenced by multiple title transfers for example, sales by HUD of real estate- stabilize neighborhoods and within a 12 month time frame (chain of owned (REO) properties under HUD’s communities. title information for the subject property regulations in 24 CFR part 291, sales by HUD undertook similar waiver action can be found in the appraisal report); another federal agency of REO in a narrower context in 2009, regarding d. The property was marketed openly properties, sales of properties by HUD’s Neighborhood Stabilization and fairly, through a multiple listing nonprofit organizations that have been Program (NSP). NSP, a temporary service (MLS), auction, for sale by approved to purchase and resell HUD program authorized by the Housing and owner offering, or developer marketing REO properties, and sales by state- and Economic Recovery Act 2008 (Pub. L. (any sales contracts that refer to an federally-charted financial institutions 110–289, approved July 30, 2008), was ‘‘assignment of contract of sale,’’ which and government sponsored enterprises, established for the purpose of stabilizing represents a special arrangement to name a few. communities that have suffered from between seller and buyer may be a red Property ‘‘flipping’’ refers to the foreclosures and abandonment, by flag). practice whereby a property recently allocating funds through a formula to 2. In cases in which the sales of the acquired is resold for a considerable States and units of general local property is greater than 20 percent profit with an artificially inflated value, government, for the purchase and above the seller’s acquisition cost, an often the result of a lender’s collusion redevelopment of foreclosed and FHA-approved mortgagee is eligible for with the appraiser. Most property abandoned homes and residential the waiver only if, the mortgagee: flipping occurs within a matter of days properties. HUD’s waiver of its a. Justifies the increase in value by after acquisition, and usually with only regulation on property flipping for NSP retaining in the loan file supporting minor cosmetic improvements, if any. In removed an impediment to the purchase documentation and/or a second an effort to preclude this predatory of affordable homes that had been appraisal, which verifies that the seller lending practice with respect to rehabilitated and sold under this has completed sufficient legitimate mortgages insured by FHA, HUD issued program. With the home foreclosure rate renovation, repair, and rehabilitation a final rule on May 1, 2003 (68 FR remaining high across the nation, HUD work on the subject property to 23370) that provides in 24 CFR 203.37a has determined that a temporary waiver substantiate the increase in value or, in that FHA will not insure a mortgage if of this regulation on a nationwide basis, cases where no such work is performed, the contract of sale for the purchase of subject to certain conditions, may the appraiser provides appropriate the property that is the subject of the contribute to stabilizing real estate explanation of the increase in property mortgage is executed within 90 days of prices and neighborhoods that have value since the prior title transfer; and the prior acquisition by the seller and been heavily impacted by foreclosures. b. Orders a property inspection and the seller does not come under any of The waiver of the regulation may provides the inspection report to the the exemptions to this 90-day period facilitate the sale and occupancy of purchaser before closing. The mortgagee that are specified in § 203.37a(c). In a foreclosed homes that have been may charge the borrower for this final rule published on June 7, 2006 (71 rehabilitated by making the mortgages of inspection. The use of FHA-approved FR 33138), HUD expanded the such homes eligible for FHA mortgage inspectors or 203(k) consultants is not

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required. The inspector must have no V. Solicitation of Public Comments unavailable, suitable/to be excess, and interest in the property or relationship HUD welcomes comments on the unsuitable. The properties listed in the with the seller, and must not receive conditions specified in this notice for three suitable categories have been compensation for the inspection for any eligibility for waiver of its regulation on reviewed by the landholding agencies, party other than the mortgagee. property flipping. As stated in the and each agency has transmitted to Additionally, the inspector may not: Summary, comments will be taken into HUD: (1) Its intention to make the compensate anyone for the referral of consideration in determining whether property available for use to assist the the inspection; receive any any modifications should be made to homeless, (2) its intention to declare the compensation for referring or the waiver eligibility conditions. property excess to the agency’s needs, or recommending contractors to perform (3) a statement of the reasons that the any repairs recommended by the Dated: May 12, 2010. property cannot be declared excess or inspection; or be involved with David H. Stevens, made available for use as facilities to performing any repairs recommended Assistant Secretary for Housing— Federal assist the homeless. by the inspection. At a minimum, the Housing Commissioner. Properties listed as suitable/available inspection must include: [FR Doc. 2010-12148 Filed 5-20-10; 8:45 am] will be available exclusively for i. The property structure, including BILLING CODE 4210–67–P homeless use for a period of 60 days the foundation, floor, ceiling, walls and from the date of this Notice. Where ‘‘ roof; property is described as for off-site use DEPARTMENT OF HOUSING AND only’’ recipients of the property will be ii. The exterior, including siding, URBAN DEVELOPMENT required to relocate the building to their doors, windows, appurtenant structures [Docket No. FR–5375–N–19] own site at their own expense. such as decks and balconies, walkways Homeless assistance providers and driveways. Federal Property Suitable as Facilities interested in any such property should iii The roofing, plumbing systems, To Assist the Homeless send a written expression of interest to electrical systems, heating and air HHS, addressed to Theresa Rita, conditioning systems; AGENCY: Office of the Assistant Division of Property Management, iv. All interiors; and Secretary for Community Planning and Program Support Center, HHS, room Development, HUD. v. All insulation and ventilation 5B–17, 5600 Fishers Lane, Rockville, ACTION: Notice. systems, as well as fireplaces and solid MD 20857; (301) 443–2265. (This is not fuel-burning appliances. SUMMARY: This Notice identifies a toll-free number.) HHS will mail to the 3. Only forward mortgages are eligible unutilized, underutilized, excess, and interested provider an application for the waiver. Mortgages insured under surplus Federal property reviewed by packet, which will include instructions for completing the application. In order HUD’s HECM program are ineligible for HUD for suitability for possible use to to maximize the opportunity to utilize a the waiver. assist the homeless. suitable property, providers should FOR FURTHER INFORMATION CONTACT: III. Compliance With the Paperwork submit their written expressions of Reduction Act Kathy Ezzell, Department of Housing interest as soon as possible. For and Urban Development, 451 Seventh complete details concerning the The information collection Street, SW., Room 7266, Washington, processing of applications, the reader is requirements applicable to this waiver DC 20410; telephone (202) 708–1234; encouraged to refer to the interim rule have been submitted to the Office of TTY number for the hearing- and governing this program, 24 CFR part Management and Budget (OMB) under speech-impaired (202) 708–2565 (these 581. the Paperwork Reduction Act of 1995 telephone numbers are not toll-free), or For properties listed as suitable/to be (44 U.S.C. 3501–3520) and assigned call the toll-free Title V information line excess, that property may, if OMB Control No. 2502–0059. In at 800–927–7588. subsequently accepted as excess by accordance with the Paperwork SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the Reduction Act, an agency may not accordance with 24 CFR part 581 and homeless in accordance with applicable conduct or sponsor, and a person is not section 501 of the Stewart B. McKinney law, subject to screening for other required to respond to, a collection of Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, information, unless the collection 11411), as amended, HUD is publishing HUD will publish the property in a displays a currently valid OMB control this Notice to identify Federal buildings Notice showing it as either suitable/ number. and other real property that HUD has available or suitable/unavailable. IV. Period of Waiver Eligibility reviewed for suitability for use to assist For properties listed as suitable/ the homeless. The properties were unavailable, the landholding agency has This waiver announced by this notice reviewed using information provided to decided that the property cannot be became effective February 1, 2010, and HUD by Federal landholding agencies declared excess or made available for shall expire for all sales contract entered regarding unutilized and underutilized use to assist the homeless, and the into after February 1, 2011, unless buildings and real property controlled property will not be available. extended or withdrawn by HUD. By by such agencies or by GSA regarding Properties listed as unsuitable will notice, HUD shall notify the public of its inventory of excess or surplus not be made available for any other any extension or withdrawal of this Federal property. This Notice is also purpose for 20 days from the date of this waiver. If as a result of this waiver, there published in order to comply with the Notice. Homeless assistance providers is a significant increase in defaults on December 12, 1988 Court Order in interested in a review by HUD of the FHA-insured mortgages and an increase National Coalition for the Homeless v. determination of unsuitability should in mortgage insurance claims that are Veterans Administration, No. 88–2503– call the toll free information line at 1– attributable to mortgages insured as a OG (D.D.C.). 800–927–7588 for detailed instructions result of exercise of this waiver Properties reviewed are listed in this or write a letter to Mark Johnston at the authority, HUD may withdraw this Notice according to the following address listed at the beginning of this waiver immediately. categories: Suitable/available, suitable/ Notice. Included in the request for

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review should be the property address Unsuitable Properties Property Number: 41201020004 Status: (including zip code), the date of Unutilized Building publication in the Federal Register, the Directions: 03–0406, 03–0480, 03–1524, landholding agency, and the property Arizona 03–1525, 03–1526, 03–1530, 03–1540, number. Waddell Canal Water Site 03–1541, 03–1736, 03–1737, 03–1738, For more information regarding Hwy 74 03–1903, 18–0184, 49–0135,55–0043, particular properties identified in this Peoria AZ 85383 57–0115, 59–0029, 59–0030, 59–0031, Notice (i.e., acreage, floor plan, existing Landholding Agency: GSA 59–0032, 59–0033, 59–0034, 50–0035, sanitary facilities, exact street address), Property Number: 54201020001 59–0036, 59–0037, 59–0118, 59–0119, providers should contact the Status: Excess 59–0123 appropriate landholding agencies at the GSA Number: 9–I–AZ–0857 Reasons: Secured Area following addresses: Coast Guard: Reasons: Other—landlocked 22 Bldgs. Commandant, United States Coast Los Alamos National Lab Guard, Attn: Jennifer Stomber, 2100 California Los Alamos NM 87545 Second St., SW., Stop 7901, Landholding Agency: Energy Washington, DC 20593–0001; (202) 475– Bldg. 050D Lawrence Berkeley Natl Lab Property Number: 41201020005 5609; Energy: Mr. Mark Price, Status: Unutilized Berkeley CA 94720 Department of Energy, Office of Directions: 16–0280, 16–0281, 16–0283, Landholding Agency: Energy Engineering & Construction 16–0285, 16–0286, 16–0460, 16–0462, Property Number: 41201020002 Management, MA–50, 1000 16–0463, 16–1477, 16–1481, 16–1488, Status: Excess Independence Ave, SW., Washington, 18–0030, 18–0032, 18–0116, 18–0119, Reasons: Extensive deterioration, DC 20585: (202) 586–5422; GSA: Mr. 18–0122, 18–0127, 18–0138, 18–0187, Secured Area Gordon Creed, Acting Deputy Assistant 18–0188, 18–0190, 18–0256 Commissioner, General Services Bldg. 1578 Reasons: Secured Area Administration, Office of Property Lawrence Livermore Lab Disposal, 18th & F Streets, NW., Livermore CA New York Washington, DC 20405; (202) 501–0084; Landholding Agency: Energy Bldg. 0051 Navy: Mr. Albert Johnson, Director, Property Number: 41201020003 Brookhaven National Lab Department of the Navy, Asset Status: Excess Upton NY 11973 Management Div., Naval Facilities Reasons: Secured Area Landholding Agency: Energy Engineering Command, Washington Florida Property Number: 41201020006 Navy Yard, 1322 Patterson Ave., SE., Status: Excess Suite 1000, Washington, DC 20374– 14 Bldgs. Reasons: Within 2000 ft. of flammable 5065; (202) 685–9305; (these are not Naval Air Station or explosive material Secured Area toll-free numbers). Jacksonville FL Ohio Landholding Agency: Navy Dated: May 13, 2010. Federal Building Property Number: 77201020007 201 Cleveland Ave. Mark R. Johnston, Status: Unutilized Deputy Assistant Secretary for Special Needs. Canton OH 44702 Directions: 12, 127, 127E, 127F, Landholding Agency: GSA TITLE V, FEDERAL SURPLUS 127I,640, 640B, 640C, 640D, 640E, Property Number: 54201010018 PROPERTY PROGRAM FEDERAL 640F, 1913, 1960, 1964 Status: Excess REGISTER REPORT FOR 05/21/2010 Reasons: Secured Area and Extensive GSA Number: 1–G–OH–840 deterioration Suitable/Available Properties Directions: Redetermination Reasons: Within 2000 ft. of flammable Hawaii Building or explosive material California 13 Bldgs. Marine Corps Base South Carolina Former SSA Bldg. 1230 12th Street Kaneohe HI 96863 4 Bldgs. Modesto CA 95354 Landholding Agency: Navy Naval Weapon Station Landholding Agency: GSA Property Number: 77201020008 Goose Creek SC 29445 Property Number: 54201020002 Status: Excess Landholding Agency: Navy Status: Surplus Directions: 1056, 1059, 1060, 1082, GSA Number: 9–G–CA–1610 Property Number: 77201020010 1152, 1161, 1162, 1164, 1638, 3001, Comments: 11,957 sq. ft., needs rehab/ Status: Unutilized 3053, 3074, 5020 seismic retrofit work, potential Directions: 40, 72, 81, 85A, various Reasons: Extensive deterioration groundwater contamination below miscellaneous properties site, potential flooding Bldgs. 5378, 469 Reasons: Secured Area and Extensive Ford Island Naval Station deterioration Suitable/Unavailable Properties Pearl Harbor HI 96860 Landholding Agency: Navy Texas Land Property Number: 77201020009 Facility 38 Virginia Status: Underutilized Naval Air Station 1 acre Reasons: Secured Area Ft. Worth TX Landholding Agency: Navy Marine Corps Base New Mexico Quantico VA Property Number: 77201020011 Landholding Agency: Navy 28 Bldgs. Status: Unutilized Property Number: 77201020014 Los Alamos National Lab Reasons: Extensive deterioration Status: Underutilized Los Alamos NM 87545 Bldgs. 4151, 1809 Comments: land encumbered Landholding Agency: Energy Naval Air Station

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Ft. Worth TX DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Landholding Agency: Navy Fish and Wildlife Service Why do we conduct a 5-year review? Property Number: 77201020012 Status: Unutilized [FWS–R8–ES–2010–N060; 80221–1113– Under the Endangered Species Act 0000–C4] (Act) (16 U.S.C. 1531 et seq.), we Reasons: Secured Area maintain a List of Endangered and Bldg. 1428 Endangered and Threatened Wildlife Threatened Wildlife and Plants at 50 and Plants; Initiation of 5-Year Reviews Naval Air Station CFR 17.11 (for animals) and 17.12 (for of 34 Species in California and Nevada; plants) (List). We amend the List by Ft. Worth TX 76127 Availability of 96 Completed 5-Year publishing final rules in the Federal Landholding Agency: Navy Reviews in California and Nevada Register. Section 4(c)(2)(A) of the Act Property Number: 77201020013 AGENCY: Fish and Wildlife Service, requires that we conduct a review of Status: Unutilized Interior. listed species at least once every 5 years. Reasons: Secured Area and Extensive ACTION: Notice of initiation of 5-year Section 4(c)(2)(B) requires that we deterioration reviews; availability of completed 5-year determine (1) Whether a species no reviews. longer meets the definition of Virginia threatened or endangered and should be SUMMARY: We, the U.S. Fish and 2 Fiberglass Huts removed from the List (delisted); (2) Wildlife Service, are initiating 5-year whether a species listed as endangered USCG Training Center reviews for 34 species under the more properly meets the definition of Endangered Species Act of 1973, as Yorktown VA threatened and should be reclassified to amended (Act). We request any new Landholding Agency: Coast Guard threatened; or (3) whether a species information on these species that may Property Number: 88201020001 have a bearing on their classification as listed as threatened more properly Status: Excess endangered or threatened. Based on the meets the definition of endangered and Reasons: Secured Area results of these 5-year reviews, we will should be reclassified to endangered. make a finding on whether these species Using the best scientific and commercial Land are properly classified under the Act. data available, we will consider a species for delisting if the data California We also announce in this notice 96 completed 5-year reviews for species in substantiate that the species is neither Parcel C–1, Right of Way California and Nevada in Fiscal Year endangered nor threatened for one or APN199064–15 (FY) 2009 and early (FY) 2010. more of the following reasons: (1) The species is considered extinct; (2) the Seal Beach CA DATES: To allow us adequate time to species is considered to be recovered; Landholding Agency: GSA conduct these reviews, we must receive your information no later than July 20, and/or (3) the original data available Property Number: 54201020003 2010. However, we will continue to when the species was listed, or the Status: Surplus accept new information about any listed interpretation of such data, were in GSA Number: 9–N–CA–1508–AD species at any time. error. Any change in Federal Reasons: Other—legal constraints/ ADDRESSES: For instructions on how to classification requires a separate encroachment submit information and review the rulemaking process. We are requesting information that we receive on these submission of any new information Parcel E, Right of Way species, see ‘‘Request for New (best scientific and commercial data) on APN19906615 Information.’’ these species since they were originally listed or since the species’ most recent Seal Beach CA 90740 FOR FURTHER INFORMATION CONTACT: For status review. Landholding Agency: GSA species-specific information, contact the Property Number: 54201020004 appropriate person listed under Our regulations in the Code of Federal Status: Surplus ‘‘Request for New Information.’’ For Regulations (CFR) at 50 CFR 424.21 require that we publish a notice in the GSA Number: 9–N–CA–1508–AE contact information about completed 5- year reviews, see ‘‘Completed 5-Year Federal Register announcing those Reasons: Other—legal constraints/ Reviews.’’ Individuals who are hearing- species currently under review. This encroachment impaired or speech-impaired may call notice announces initiation of our active [FR Doc. 2010–11838 Filed 5–20–10; 8:45 am] the Federal Relay Service at (800) 877– review of 34 species in California, and BILLING CODE 4210–67–P 8337 for TTY assistance. Nevada (Table 1).

TABLE 1—SUMMARY OF LISTING INFORMATION, 16 ANIMAL SPECIES AND 18 PLANT SPECIES IN CALIFORNIA AND NEVADA

Common name Scientific name Status Where listed Final listing rule

ANIMALS

Buena Vista Lake ornate Sorex ornatus relictus ...... Endangered ...... U.S.A. (CA) ...... 67 FR 10101; 3/6/2002. shrew. California clapper rail ...... Rallus longirostris Endangered ...... U.S.A. (CA) ...... 35 FR 16047; 10/13/1970. obsoletus. California least tern ...... Sternula (Sterna) Endangered ...... U.S.A. (CA) ...... 35 FR 8495; 06/02/1970. antillarum browni. California tiger salamander Ambystoma californiense .. Endangered ...... U.S.A. (CA—Sonoma FR 63 13497; 3/19/2003. County). Cui-ui ...... Chasmistes cujus ...... Endangered ...... U.S.A. (NV) ...... 32 FR 4001; 03/11/1967.

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TABLE 1—SUMMARY OF LISTING INFORMATION, 16 ANIMAL SPECIES AND 18 PLANT SPECIES IN CALIFORNIA AND NEVADA—Continued

Common name Scientific name Status Where listed Final listing rule

Island night lizard ...... Xantusia riversiana ...... Threatened ...... U.S.A. (CA) ...... 42 FR 40685; 08/11/1977. Least Bell’s vireo ...... Vireo bellii pusillus ...... Endangered ...... U.S.A. (CA) ...... 51 FR 16482; 05/02/1986. Little Kern golden trout ...... Oncorhynchus aguabonita Threatened ...... U.S.A. (CA) ...... 43 FR 15427; 4/13/1978. whitei. Morro Bay kangaroo rat .... Dipodomys heermanni Endangered ...... U.S.A. (CA) ...... 35 FR 16047, 10/13/1970. morroensis. Mountain yellow-legged Rana muscosa ...... Endangered ...... U.S.A. (CA) ...... 67 FR 44382; 07/02/2002. frog. Riparian brush rabbit ...... Sylvilagus bachmani Endangered ...... U.S.A. (CA) ...... 65 FR 8881; 2/23/2000. riparius. Riparian woodrat (=San Neotoma fuscipes riparia .. Endangered ...... U.S.A. (CA) ...... 65 FR 8881; 2/23/2000. Joaquin Valley). Santa Catalina Island fox .. Urocyon littoralis catalinae Endangered ...... U.S.A. (CA) ...... 69 FR 10335; 3/5/2004. Santa Cruz Island fox ...... Urocyon littoralis Endangered ...... U.S.A. (CA) ...... 69 FR 10335, 3/5/2004. santacruzae. San Miguel Island fox ...... Urocyon littoralis littoralis .. Endangered ...... U.S.A. (CA) ...... 69 FR 10335, 3/5/2004. Santa Rosa Island fox ...... Urocyon littoralis Endangered ...... U.S.A. (CA) ...... 69 FR 10335, 3/5/2004. santarosae.

PLANTS

Ash Meadows sunray ...... Enceliopsis nudicaulis var. Threatened ...... U.S.A. (NV) ...... 50 FR 20777 20794; 05/ corrugata. 20/1985. Baker’s larkspur ...... Delphinium bakeri ...... Endangered ...... U.S.A. (CA) ...... 65 FR 4162; 1/26/2000. Hidden Lake bluecurls ...... Trichostema Endangered ...... U.S.A. (CA) ...... 63 FR 49006; 09/14/1998. austromontanum ssp. compactum. Gaviota tarplant ...... Deinandra increscens ssp. Endangered ...... U.S.A. (CA) ...... 65 FR 14888, 3/20/2000. villosa. Island malacothrix ...... Malacothrix squalida ...... Endangered ...... U.S.A. (CA) ...... 61 FR 40954, 7/31/1997. La Graciosa thistle ...... Cirsium loncholepis ...... Endangered ...... U.S.A. (CA) ...... 65 FR 14888, 3/20/2000. Lompoc yerba santa ...... Eriodictyon capitatum ...... Endangered ...... U.S.A. (CA) ...... 65 FR 14888, 3/20/2000. Presidio manzanita ...... Arctostaphylos hookeri var. Endangered ...... U.S.A. (CA) ...... 44 FR 61911; 11/26/1979. ravenii. San Clemente Island bush Malacothamnus Endangered ...... U.S.A. (CA) ...... 42 FR 40682; 08/11/1977. mallow. clementinus. San Clemente Island In- Castilleja grisea ...... Endangered ...... U.S.A. (CA) ...... 42 FR 40682; 08/11/1977. dian paintbrush. San Clemente Island lark- Delphinium variegatum Endangered ...... U.S.A. (CA) ...... 42 FR 40682; 08/11/1977. spur. ssp. kinkiense. San Clemente Island lotus Lotus dendroideus var. Endangered ...... U.S.A. (CA) ...... 42 FR 40682; 08/11/1977. (broom). traskiae. San Clemente Island Lithophragma maximum ... Endangered ...... U.S.A. (CA) ...... 62 FR 42692; 08/08/1997. woodland star. Santa Cruz Island Malacothrix indecora ...... Endangered ...... U.S.A. (CA) ...... 61 FR 40954, 7/31/1997. malacothrix. Santa Cruz Island Sibara filifola ...... Endangered ...... U.S.A. (CA) ...... 62 FR 42692; 08/08/1997. rockcress. Santa Cruz tarplant ...... Holocarpha macradenia .... Threatened ...... U.S.A. (CA) ...... 65 FR 14898, 3/20/2000. San Francisco lessingia .... Lessingia germanorum Endangered ...... U.S.A. (CA) ...... 62 FR 33373; 6/19/1997. (=L.g. var. germanorum). Yellow larkspur ...... Delphinium luteum ...... Endangered ...... U.S.A. (CA) ...... 65 FR 4162; 1/26/2000.

What information do we consider in the amount, distribution, and suitability; (C) Request for New Information review? Conservation measures that have been We request any new information In our 5-year review, we consider all implemented that benefit the species; concerning the status of these wildlife new information available at the time of (D) Threat status and trends (see the five and plant species. See ‘‘What the review. In conducting these reviews, factors under the heading ‘‘How Do We Information Do We Consider in Our we consider the best scientific and Determine Whether a Species is Review?’’ for specific criteria. If you commercial data that has become Endangered or Threatened?’’); and (E) submit information, support it with available since the current listing Other new information, data, or documentation such as maps, determination or the most recent status corrections including, but not limited bibliographic references, methods used review, such as—(A) Species biology to, taxonomic or nomenclatural changes, to gather and analyze the data, and/or including, but not limited to, population identification of erroneous information copies of any pertinent publications, trends, distribution, abundance, contained in the List, and improved reports, or letters by knowledgeable demographics, and genetics; (B) Habitat analytical methods. sources. We specifically request conditions including, but not limited to, information regarding data from any

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systematic surveys, as well as any larkspur, San Clemente Island lotus All electronic information must be studies or analysis of data that may (broom), San Clemente Island woodland submitted in Text format or Rich Text show population size or trends; star, and Santa Cruz Island rock-cress, format. Include the following identifier information pertaining to the biology or send information to Field Supervisor, in the subject line of the e-mail: ecology of these species; information Attention: 5-Year Review, U.S. Fish and Information on 5-year review for [NAME regarding the effects of current land Wildlife Service, Carlsbad Fish and OF SPECIES], and include your name management on population distribution Wildlife Office, 6010 Hidden Valley and return address in the body of your and abundance; information on the Road, Carlsbad, CA 92011. Information message. current condition of habitat; and recent may also be submitted electronically at How are these species currently listed? information regarding conservation [email protected]. To obtain measures that have been implemented further information, contact Scott The current listing status of each to benefit the species. Additionally, we Sobiech at the Carlsbad Fish and species for which we are initiating 5- specifically request information Wildlife Office at (760) 431–9440. year reviews in this notice is in Table regarding the current distribution of For the Buena Vista Lake ornate 1 above. The current status may also be populations and evaluation of threats shrew, California clapper rail, California found on the List, which covers all faced by the species in relation to the tiger salamander, Little Kern golden endangered and threatened species, and five listing factors (as defined in section trout, Riparian brush rabbit, Riparian which is available on our Internet site 4(a)(1) of the Act) and the species’ listed woodrat (San Joaquin Valley), Baker’s at http://endangered.fws.gov/ status as judged against the definition of larkspur, Presidio manzanita, San wildlife.html#Species. threatened or endangered. Finally, we Francisco lessingia, and Yellow Definitions request recommendations pertaining to larkspur, send information to Field the development of, or potential updates Supervisor, Attention: 5-Year Review, To help you submit information about to, recovery plans and additional U.S. Fish and Wildlife Service, the species we are reviewing, we actions or studies that would benefit Sacramento Fish and Wildlife Office, provide the following definitions: Species includes any species or these species in the future. 2800 Cottage Way, Room W–2605, subspecies of fish, wildlife, or plant, Our practice is to make information, Sacramento, CA 95825. Information may and any distinct population segment of including names and home addresses of also be submitted electronically at any species of vertebrate, which respondents, available for public [email protected]. To obtain further interbreeds when mature. review. Before including your address, information, contact Kirsten Tarp at the telephone number, e-mail address, or Endangered species means any Sacramento Fish and Wildlife Office at species that is in danger of extinction other personal identifying information (916) 414–6600. in your response, you should be aware throughout all or a significant portion of For the Morro Bay Kangaroo rat, Santa that your entire submission—including its range. Cruz Island fox, San Miguel Island fox, your personal identifying information— Threatened species means any species Santa Rosa Island fox, Gaviota tarplant, may be made publicly available at any that is likely to become an endangered time. While you can ask us in your Island malacothrix, La Graciosa thistle, species within the foreseeable future response to withhold your personal Lompoc Yerba Santa, Santa Cruz Island throughout all or a significant portion of identifying information from public malacothrix, and Santa Cruz tarplant, its range. review, we cannot guarantee that we send information to Field Supervisor, Experimental population means any will be able to do so. We will not Attention: 5-Year Review, U.S. Fish and population (including any offspring consider anonymous comments. To the Wildlife Service, Ventura Fish and arising solely therefrom) authorized by extent consistent with applicable law, Wildlife Office, 2493 Portola Road, the Secretary of the Interior for release we will make all submissions from Suite B, Ventura, CA 93003. Information outside the current range of organizations or businesses, and from may also be submitted electronically at nonexperimental populations of the individuals identifying themselves as [email protected]. To obtain same species, but only when, and at representatives or officials of further information on the animal such times as, the population is wholly organizations or businesses, available species, contact Mike McCrary at the separate geographically from for public inspection in their entirety. Ventura Fish and Wildlife Office at nonexperimental populations of the Comments and materials received will (805) 644–1766. To obtain further same species. Each member of a be available for public inspection, by information on the plant species, nonessential experimental population appointment, during normal business contact Connie Rutherford at the shall be treated, except when it occurs hours at the offices where the comments Ventura Fish and Wildlife Office at in an area within the National Wildlife are submitted. (805) 644–1766. Refuge System or the National Park Please mail or hand-deliver For the Cui-ui, and Ash Meadows System, as a species proposed to be information on the following species to sunray, send information to Field listed under section 4 of the Endangered the U.S. Fish and Wildlife Service at the Supervisor, Attention: 5-Year Review, Species Act. corresponding address below. You my U.S. Fish and Wildlife Service, Nevada also view information we receive in Fish and Wildlife Office, 1340 Financial How do we determine whether a response to this notice, as well as other Blvd., Suite 234, Reno, Nevada 89502– species is endangered or threatened? documentation in our files, at the 7147. Information may also be Section 4(a)(1) of the Act requires that following locations by appointment, submitted electronically at we determine whether a species is during normal business hours. [email protected]. To obtain further endangered or threatened based on one For the California least tern, Island information on the Cui-ui, contact or more of the five following factors: (A) night lizard, Least Bell’s vireo, Selena Werdon at the Nevada Fish and The present or threatened destruction, Mountain yellow-legged frog, Santa Wildlife Office at (775) 861–6300. To modification, or curtailment of its Catalina Island fox, Hidden Lake obtain further information on the Ash habitat or range; (B) Overutilization for bluecurls, San Clemente Island bush Meadows sunray, contact Steve Caicco commercial, recreational, scientific, or mallow, San Clemente Island Indian at the Nevada Fish and Wildlife Office educational purposes; (C) Disease or paintbrush, San Clemente Island at (775) 861–6300. predation; (D) The inadequacy of

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existing regulatory mechanisms; or (E) change in classification may be Completed 5-Year Reviews Other natural or manmade factors warranted, we may propose a new rule affecting its continued existence. that could do one of the following: (a) We also take this opportunity to Section 4(b)(1)(A) of the Act requires Reclassify the species from threatened inform the public of 96 5-year reviews that our determination be made on the to endangered (uplist); (b) reclassify the that we completed in FY 2009 and early basis of the best scientific and species from endangered to threatened FY 2010 for species in California and Nevada (Table 2). These 96 reviews can commercial data available. (downlist); or (c) remove the species be found at http://www.fws.gov/cno/es/ from the List (delist). If we determine What could happen as a result of our 5yr.html. Any recommended change in review? that a change in classification is not listing status resulting from these For each species under review, if we warranted, then the species will remain completed reviews will require a find new information that indicates a on the List under its current status. separate rulemaking process.

TABLE 2—SUMMARY OF 96 SPECIES IN CALIFORNIA AND NEVADA FOR WHICH 5-YEAR REVIEWS WERE COMPLETED IN FY 2009 AND EARLY FY 2010

Lead fish and wild- Common name Scientific name Recommendation life office Contact

ANIMALS

Ash Meadows Amargosa Pupfish ...... Cyprinodon nevadensis mionectes .... No status change .. Nevada ...... Jeannie Stafford; (775) 861–6300. Arroyo toad ...... Bufo californicus (= microscaphus) .... Downlist ...... Ventura ...... Lois Grunwald; (805) 644–1766. Amargosa vole ...... Microtus californicus scirpensis ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Bay checkerspot butterfly ...... Euphydryas editha bayensis ...... Uplist ...... Sacramento ...... Al Donner; (916) 414–6600. Blunt-nosed leopard lizard ...... Gambelia silus ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Callippe silverspot butterfly ...... Speyeria callippe callippe ...... No status change ... Sacramento ...... Al Donner; (916) 414–6600. Delta green ground beetle ...... Elaphrus viridis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Desert slender salamander ...... Batrachoseps aridus ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Fresno kangaroo rat ...... Dipodomys nitratoides exilis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Giant kangaroo rat ...... Dipodomys ingens ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Lahontan cutthroat trout ...... Oncorhynchus clarkii henshawi ...... No status change ... Nevada ...... Jeannie Stafford; (775) 861–6300. Light-footed clapper rail ...... Rallus longirostris levipes ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Mission blue butterfly ...... Icaricia icarioides missionensis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Modoc sucker ...... Catostomus microps ...... Downlist ...... Klamath ...... Matt Baun; (530) 842–5763. Mohave tui chub ...... Gila bicolor mohavensis ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Mount Hermon June beetle ...... Polyphylla barbata ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Myrtle’s silverspot butterfly ...... Speyeria zerene myrtleae ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Ohlone tiger beetle ...... Cicindela ohlone ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Owens pupfish ...... Cyprinodon radiosus ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Owens tui chub ...... Siphateles bicolor snyderi (= Gila bi- No status change .. Ventura ...... Lois Grunwald; color snyderi). (805) 644–1766. Point Arena mountain beaver ...... Aplodontia rufa nigra ...... No status change .. Arcata ...... Matt Baun; (530) 842–5763. Quino checkerspot butterfly ...... Euphydryas editha quino ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Railroad valley springfish ...... Crenicthys nevadae ...... No status change .. Nevada ...... Jeannie Stafford; (775) 861–6300. Salt marsh harvest mouse ...... Reithrodontomys raviventris ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. San Bernardino Merriam’s kangaroo Dipodomys merriami parvus ...... No status change .. Carlsbad ...... Jane Hendron; rat. (760) 431–9440. San Bruno elfin butterfly ...... Callophrys mossii bayensis ...... No status change ... Sacramento ...... Al Donner; (916) 414–6600. San Clemente sage sparrow ...... Amphispiza belli clementeae ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440.

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TABLE 2—SUMMARY OF 96 SPECIES IN CALIFORNIA AND NEVADA FOR WHICH 5-YEAR REVIEWS WERE COMPLETED IN FY 2009 AND EARLY FY 2010—Continued

Lead fish and wild- Common name Scientific name Recommendation life office Contact

San Joaquin kit fox ...... Vulpes macrotis mutica ...... No status change ... Sacramento ...... Al Donner; (916) 414–6600. Santa Barbara County DPS of Cali- Ambystoma californiense ...... No status change .. Ventura ...... Lois Grunwald; fornia tiger salamander. (805) 644–1766. Santa Cruz long-toed salamander ..... Ambystoma macrodactylum croceum No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Shasta crayfish ...... Pacifastacus fortis ...... No status change ... Sacramento ...... Al Donner; (916) 414–6600. Tipton kangaroo rat ...... Dipodomys nitratoides nitratoides ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. White River spinedace ...... Lepidomeda albivallis ...... No status change .. Nevada ...... Jeannie Stafford; (775) 861–6300. Unarmored threespine stickleback .... Gasterosteus aculeatus williamsoni ... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Zayante band-winged grasshopper ... Trimerotropis infantilis ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766.

PLANTS

Applegate’s milk-vetch ...... Astragalus applegatei ...... No status change .. Klamath ...... Matt Baun; (530) 842–5763. Ash Meadows milk-vetch ...... Astragalus phoenix ...... No status change .. Nevada ...... Jeannie Stafford; (775) 861–6300. Braunton’s milk-vetch ...... Astragalus brauntonii ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. California sea-blite ...... Suaeda californica ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Calistoga allocaraya ...... Plagiobothrys strictus ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Clara Hunt’s milk-vetch ...... Astragalus clarianus ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Clover lupine ...... Lupinus tidestromii ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Coachella Valley milk-vetch ...... Astragalus lentiginosus var. No status change .. Carlsbad ...... Jane Hendron; coachellae. (760) 431–9440. Coastal dunes milk-vetch ...... Astragalus tener var. titi ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Conejo dudleya ...... Dudleya abramsii ssp. parva No status change .. Ventura ...... Lois Grunwald; (= Dudleya parva). (805) 644–1766. Cushenbury buckwheat ...... Eriogonum ovalifolium var. vineum .... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Cushenbury milk-vetch ...... Astragalus albens ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Cushenbury oxytheca ...... Oxytheca parishii var. goodmaniana No status change .. Carlsbad ...... Jane Hendron; (= Acanthoscyphus parishii var. (760) 431–9440. goodmaniana). Fish slough milk-vetch ...... Astragalus lentiginosus var. No status change .. Ventura ...... Lois Grunwald; piscinensis. (805) 644–1766. Hairy orcutt grass ...... Orcuttia pilosa ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Hickman’s potentilla ...... Potentilla hickmanii ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Hoffmann’s slender-flowered gilia ...... Gilia tennuiflora ssp. hoffmannii ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Hoover’s spurge ...... Chamaesyce hooveri ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Indian Knob mountainbalm ...... Eriodictyon altissimum ...... Downlist ...... Ventura ...... Lois Grunwald; (805) 644–1766. Island bedstraw ...... Galium buxifolium ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Kenwood Marsh checkermallow ...... Sidalcea oregana ssp. valida ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Lake County stonecrop ...... Parvisedum leiocarpum (= Sedella No status change .. Sacramento ...... Al Donner; leiocarpa). (916) 414–6600. Large-flowered fiddleneck ...... Amsinckia grandiflora ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Loch Lomond coyote thistle ...... Eryngium constancei ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Many-flowered navarretia ...... Navarretia leucocephala ssp. No status change .. Sacramento ...... Al Donner; Plieantha. (916) 414–6600.

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TABLE 2—SUMMARY OF 96 SPECIES IN CALIFORNIA AND NEVADA FOR WHICH 5-YEAR REVIEWS WERE COMPLETED IN FY 2009 AND EARLY FY 2010—Continued

Lead fish and wild- Common name Scientific name Recommendation life office Contact

Marcescent dudleya ...... Dudleya cymosa ssp. marcescens .... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Mexican flannelbush ...... Fremontodendron mexicanum ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Monterey clover ...... Trifolium trichocalyx ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Monterey spineflower ...... Chorizanthe pungens var. pungens ... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Napa bluegrass ...... Poa napensis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Nevin’s barberry ...... Berberis nevinii ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Nipomo lupine ...... Lupinus nipomensis ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Palmate-bracted bird’s-beak ...... Cordylanthus palmatus No status change .. Sacramento ...... Al Donner; (= Chloropyron palmatum). (916) 414–6600. Parish’s daisy ...... Erigeron parishii ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Pismo clarkia ...... Clarkia speciosa ssp. immaculata ..... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Pitkin Marsh lily ...... Lilium pardalinum ssp. pitkinense ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Robust spineflower ...... Chorizanthe robusta ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Salt marsh bird’s-beak ...... Chloropyron maritimum ssp. No status change .. Carlsbad ...... Jane Hendron; maritimum. (760) 431–9440. (Cordylanthus maritimus ssp. maritimus). San Benito evening-primrose ...... Camissonia benitensis ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. San Bernadino Mountains Physaria ...... No status change .. Ventura ...... Lois Grunwald; bladderpod. (Lesquerella) kingii ssp. bernardina .. (805) 644–1766. San Diego thornmint ...... Acanthomintha ilicifolia ...... No status change ... Carlsbad ...... Jane Hendron; (760) 431–9440. Santa Cruz cypress ...... Cupressus abramsiana (= Callitropsis Downlist ...... Ventura ...... Lois Grunwald; abramsiana). (805) 644–1766. Santa Cruz Island dudleya ...... Dudleya nesiotica ...... No status change ... Ventura ...... Lois Grunwald; (805) 644–1766. Santa Cruz Island fringepod ...... Thysanocarpus conchuliferus ...... No status change ... Ventura ...... Lois Grunwald; (805) 644–1766. Santa Monica Mountains dudleya ..... Dudleya cymosa ssp. ovatifolia ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Scotts Valley polygonum ...... Polygonum hickmanii ...... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Scotts Valley spineflower ...... Chorizanthe robusta var. hartwegii .... No status change .. Ventura ...... Lois Grunwald; (805) 644–1766. Slender orcutt grass ...... Orcuttia tenuis ...... No status change ... Sacramento ...... Al Donner; (916) 414–6600. Spreading navarretia ...... Navarretia fossalis ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Spring-loving centaury ...... Centaurium namophilum ...... No status change ... Nevada ...... Jeannie Stafford; (775) 861–6300. Springville clarkia ...... Clarkia springvillensis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Soft bird’s-beak ...... Cordylanthus mollis ssp. mollis ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Solano grass ...... Orcuttia mucronata (= Tuctoria No status change .. Sacramento ...... Al Donner; mucronata). (916) 414–6600. Steamboat buckwheat ...... (Eriogonum ovalifolium var. No status change .. Nevada ...... Jeannie Stafford; williamsiae. (775) 861–6300. Suisun thistle ...... Cirsium hydrophilum var. No status change ... Sacramento ...... Al Donner; hydrophilum. (916) 414–6600. Thread-leaved brodiaea ...... Brodiaea filifolia ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Triple-ribbed milk-vetch ...... Astragalus tricarinatus ...... No status change .. Carlsbad ...... Jane Hendron; (760) 431–9440. Verity’s dudleya ...... Dudleya verityi ...... No status change ... Ventura ...... Lois Grunwald; (805) 644–1766. Western lily ...... Lilium occidentale ...... No status change .. Arcata ...... Matt Baun; (530) 842–5763.

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TABLE 2—SUMMARY OF 96 SPECIES IN CALIFORNIA AND NEVADA FOR WHICH 5-YEAR REVIEWS WERE COMPLETED IN FY 2009 AND EARLY FY 2010—Continued

Lead fish and wild- Common name Scientific name Recommendation life office Contact

White sedge ...... Carex albida ...... No status change .. Sacramento ...... Al Donner; (916) 414–6600. Yadon’s piperia ...... Piperia yadonii ...... No status change ... Ventura ...... Lois Grunwald; (805) 644–1766.

Authority: This document is published 783-8611 (fax); or [email protected] wildlife resource. Several studies and under the authority of the Endangered (e-mail). If you use a monitoring projects have been initiated Species Act of 1973, as amended (16 U.S.C. telecommunications device for the deaf or enhanced. Some of the more 1531 et seq.). (TDD), you may call the Federal important aspects of this broad program Dated: May 14, 2010. Information Relay Service (FIRS) at 1- include more frequent bighorn Alexandra Pitts, 800-877-8339, 24 hours a day, 7 days a population surveys, monitoring and Regional Director, Region 8, U.S. Fish and week. maintaining water availability, assessing Wildlife Service. SUPPLEMENTARY INFORMATION: body condition and disease in the bighorn population, monitoring [FR Doc. 2010–12170 Filed 5–20–10; 8:45 am] Introduction BILLING CODE 4310–55–P disturbance attributable to human With this notice, we announce our recreation, and monitoring the extent of decision and the availability of the predation and its impacts on the DEPARTMENT OF THE INTERIOR FONSI and final EA. We completed a population. Many of the elements in thorough analysis of impacts on the this management program have been Fish and Wildlife Service human environment, which we include addressed through prior planning [FWS-R2-R-2009-N274] in the final EA that accompanies the documents and require little additional [22570-1261-0000-K2] FONSI. We solicited comments on a review. Others, such as the proposed draft EA from August 4, 2009, to lethal control of mountain lions, have Limiting Mountain Lion Predation on October 2, 2009, through a notice of not been previously addressed and Desert Bighorn Sheep on Kofa availability in the Federal Register (74 therefore require analysis under the National Wildlife Refuge, Yuma and La FR 38667; August 4, 2009). We received National Environmental Policy Act of Paz Counties, AZ 220 responses during the comment 1969, as amended (NEPA; 42 U.S.C. period, from 7 government agencies, 19 4321 et seq.), as well as public review. AGENCY: Fish and Wildlife Service, nongovernmental organizations, and Interior. Final Environmental Assessment— 194 individuals. During preparation of Selected Alternative ACTION: Notice of availability of the final the final EA, we considered all of the environmental assessment and a finding comments provided. Appendix C of the The final EA identifies and evaluates of no significant impact. final EA contains a more detailed three alternatives for managing description of the substantive comments mountain lion predation on desert SUMMARY: We, the U.S. Fish and received and how we incorporated bighorn sheep on the Refuge. After a Wildlife Service (Service), announce changes to the draft EA in response to thorough analysis, we have selected availability of our finding of no comments we received. Alternative B for implementation. significant impact (FONSI) for the Under this alternative, we will allow the environmental assessment (EA) for Background removal of specific, individually limiting mountain lion (Puma concolor) The Refuge contains a major portion identified offending mountain lions, predation on desert bighorn sheep (Ovis of the largest contiguous habitat for through translocation or lethal removal, canadensis mexicana) on the Kofa desert bighorn sheep in southwestern from the Refuge under certain National Wildlife Refuge (Refuge) in Arizona and historically has been home circumstances, in order to recover and southwest Arizona. In the final EA and to a population averaging 760 bighorns. maintain an optimal population of FONSI, we describe how we will The Refuge has served as the primary desert bighorn sheep. This program has manage mountain lion predation to help source of bighorn sheep for several components. We will trap achieve bighorn sheep population translocations to reestablish and mountain lions and fit them with objectives on the Refuge. supplement extirpated or declining tracking devices to monitor their ADDRESSES: You may view or obtain populations throughout southern activities. When the Refuge bighorn copies of the FONSI and final EA by the Arizona, New Mexico, Texas, and sheep population estimate is below 600 following methods. You may request a Colorado. Population estimates from animals, active mountain lion control hard copy or CD-ROM by U.S. mail from systematic aerial surveys indicate that a will occur. Active mountain lion control U.S. Fish and Wildlife Service, 9300 50-percent decline in the Refuge sheep is the removal (through lethal means or East 28th Street, Yuma, AZ 85365; via population occurred between the years translocation) of each individual facsimile at 928-783-8611; or 2000 and 2006. mountain lion found to kill two or more electronically to In response to this decline, the Refuge bighorn sheep within a 6–month period. [email protected]. You may and the Arizona Game and Fish The Service, or its agents, will carry out also download a copy of the documents Department (AGFD) have conducted an the lethal removal or translocation. at: http://www.fws.gov/southwest/ analysis of its probable causes and are However, when the Refuge bighorn refuges/arizona/kofa. currently implementing a strategic sheep population estimate is between FOR FURTHER INFORMATION CONTACT: management program intended to lead 600 and 800 animals, active mountain Mitch Ellis, 928-783-7861 (phone); 928- to the recovery of this important lion control may or may not be

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employed based on the totality of the DEPARTMENT OF THE INTERIOR Background circumstances at the time. In order to The CCP Process meet the bighorn sheep population Fish and Wildlife Service objectives while minimizing the The National Wildlife Refuge System necessary impacts to mountain lions, we [FWS–R4–R–2010–N051; 40136–1265–0000– Administration Act of 1966 (16 U.S.C. desire some flexibility. We will base S3] 668dd–668ee), as amended by the National Wildlife Refuge System decisions regarding whether active Pine Island, Matlacha Pass, Island Bay, Improvement Act of 1997, requires us to mountain lion control is necessary on and Caloosahatchee National Wildlife develop a CCP for each national wildlife an adaptive management approach and Refuges, Lee and Charlotte Counties, refuge. The purpose for developing a on the following factors: The current FL CCP is to provide refuge managers with sheep population estimate; the current a 15-year strategy for achieving refuge sheep population trend; bighorn sheep AGENCY: Fish and Wildlife Service, purposes and contributing toward the lamb survival and recruitment; the Interior. mission of the National Wildlife Refuge estimate of the number of mountain ACTION: Notice of availability: draft System, consistent with sound lions currently using the Refuge and comprehensive conservation plan and principles of fish and wildlife their predation rate on bighorn sheep; environmental assessment; request for management, conservation, legal current and forecasted habitat comments. mandates, and our policies. In addition conditions; available funding and to outlining broad management manpower; and criticality of bighorn SUMMARY: We, the Fish and Wildlife direction on conserving wildlife and translocation needs. When the Refuge Service (Service), announce the their habitats, CCPs identify wildlife- bighorn sheep population estimate is at availability of a draft comprehensive dependent recreational opportunities or above 800 animals, active mountain conservation plan and environmental available to the public, including lion control will not occur, although assessment (Draft CCP/EA) for Pine opportunities for hunting, fishing, mountain lions on the Refuge will Island, Matlacha Pass, Island Bay, and wildlife observation, wildlife continue to be captured and fitted with Caloosahatchee National Wildlife photography, and environmental tracking devices to aid in continuing Refuges (NWRs) for public review and education and interpretation. We will review and update the CCP at least research. comment. In the Draft CCP/EA, we describe the alternative we propose to every 15 years in accordance with the Additional Refuge Information use to manage these four refuges for the Administration Act. 15 years following approval of the final Totaling approximately 1,201 acres, Additional information on the history CCP. the four refuges were established ‘‘as a of the Refuge and its purpose, goals, preserve and breeding ground for native objectives, and management strategies DATES: To ensure consideration, we birds’’ and are managed as part of the can be found in the Kofa National must receive your written comments by J.N. ‘‘Ding’’ Darling NWR Complex Wildlife Refuge & Wilderness and New June 21, 2010. (Complex). Predominantly mangrove Water Mountains Wilderness ADDRESSES: You may obtain a copy of swamp, these four refuges provide for Interagency Management Plan and the Draft CCP/EA by contacting Ms. native wildlife and habitat diversity Environmental Assessment: EA-AZ-055- Cheri M. Ehrhardt, via U.S. mail at J.N. through a mix of habitats, including 95-1 05, October 1997. Pertinent ‘‘Ding’’ Darling National Wildlife Refuge mangrove islands and shorelines, information can also be found in the Complex, 1 Wildlife Drive, Sanibel, FL saltwater marshes and ponds, tidal flats, April 2007 report titled Investigative 33957, or via e-mail at and upland hardwood forests. They also Report and Recommendations for the [email protected]. Alternatively, provide protection for 12 Federal-listed and 25 State-listed species, as well as Kofa Bighorn Sheep Herd, prepared you may download the document from for wading birds, waterbirds, raptors jointly by the Service and the AGFD. our Internet Site at http:// ‘‘ and birds of prey, neotropical migratory Both documents, along with other southeast.fws.gov/planning under Draft Documents.’’ Submit comments on the birds, shorebirds, and seabirds. detailed information, are available at the Draft CCP/EA to the above postal Although all four refuges are closed to following web site: http://www.fws.gov/ address or e-mail address. public access to protect their sensitive southwest/refuges/arizona/kofa. resources, they exist in an estuarine FOR FURTHER INFORMATION CONTACT: Ms. system and are all viewable from the Authorities Cheri M. Ehrhardt, Natural Resource water. Planner, telephone: 321/861–2368; or Environmental review of this project The priority management issues Mr. Paul Tritaik, Refuge Manager, has been conducted in accordance with facing these four refuges are addressed telephone: 239/472–1100. the requirements of NEPA, NEPA in the Draft CCP/EA, including: (1) Regulations (40 CFR parts 1500-1508), SUPPLEMENTARY INFORMATION: Increasing and changing human population, development of the other appropriate Federal laws and Introduction regulations, Executive Order 12996, the landscape, recreational uses and National Wildlife Refuge System With this notice, we continue the CCP demands, and associated impacts; (2) Improvement Act of 1997, and Service process for Pine Island, Matlacha Pass, issues and impacts associated with policies and procedures for compliance Island Bay, and Caloosahatchee NWRs. water quality, water quantity, and We started the process through a notice timing; (3) invasion and spread of with those laws and regulations. in the Federal Register on June 27, 2007 exotic, invasive, and nuisance species; Dated: December 18, 2009 (72 FR 35254), and extended the (4) climate change impacts; (5) need for Benjamin N. Tuggle, comment period in a notice in the long-term protection of important Regional Director, Region 2. Federal Register on April 2, 2008 (73 FR resources; (6) declines in and threats to [FR Doc. 2010–12247 Filed 5–20–10; 8:45 am] 17991). For more about the refuges, their rare, threatened, and endangered purposes, and our CCP process, please species; (7) insufficient baseline wildlife BILLING CODE 4310–55–S see those notices. and habitat data and lack of

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comprehensive habitat management NWR and Givney Key at Matlacha Pass known rookery locations and key plan; and (8) insufficient resources to NWR). Caloosahatchee NWR would foraging and resting areas would benefit address refuge needs. develop a Minor Expansion Proposal a variety of birds. In relation to the (MEP) to include Manatee Island under proposed widening of I–75, we would CCP Alternatives, Including Our refuge management, since Florida Power work with the partners to identify and Proposed Alternative and Light donated the island to the address wildlife and habitat impacts We developed four alternatives for ‘‘Ding’’ Darling Wildlife Society for associated with the proposed project, managing the Complex and chose future inclusion in the refuge. The with an emphasis on minimizing Alternative C as the proposed Island Bay NWR Wilderness Area would impacts to wildlife and habitat alternative. A full description of each continue to remain closed with no diversity. Focusing on native diversity, alternative is in the Draft CCP/EA. We active management. we would expand exotic, invasive, and summarize each alternative below. Under Alternative A, the four refuges nuisance species plant control activities Alternative A (Current Management, No would remain closed to visitors, with updated priority plant lists and Action) resulting in limited visitor service identification and location of new plant activities and programs. However, since infestations, with initial efforts focused Alternative A would continue the area around the refuges receives on elimination. Further, we would work management activities and programs at high use and since the refuges are part with the partners to control and levels similar to past management, of the Great Calusa Blueway, the refuges eradicate exotic, invasive, and nuisance providing a baseline for the comparison would continue to be identified on animal species and would coordinate of the action alternatives. maps distributed by partners, providing Under Alternative A, wildlife and with the partners to increase the limited visitor welcome and orientation. public’s awareness of the negative habitat management activities for the Various activities, including fishing, Complex would continue to be limited. impacts of these species. The refuges canoeing, kayaking, motor boating, would adapt management as necessary The rare, threatened, and endangered parasailing, windsurfing, ski tubing, species of management concern would to eradicate new invasive species and using personal watercraft, and increase active participation in the continue to be wood storks, roseate participating in wildlife observation and spoonbills, roseate terns, black SWFL CISMA. We would increase photography, would continue to occur management activities related to water skimmers, American oystercatchers, in the State waters adjacent to the snowy and piping plovers, and bald quality, quantity, and timing concerns. refuges. Environmental education and We would evaluate the need to expand eagles. We would continue to interpretation activities would continue coordinate with the partners to survey the existing water quality monitoring to be conducted at the ‘‘Ding’’ Darling stations to cover all four refuges. We rookeries, monitor black skimmer Education Center on Sanibel Island and nesting, survey for snowy plovers, and would work with the partners to foster at off-site locations. and conduct research to better restore mangroves on four islands, as J.N. ‘‘Ding’’ Darling NWR staff would understand the impacts of climate well as address exotic, invasive, and continue to conduct minimal change on wildlife and habitat diversity nuisance species through the Southwest management and periodic patrols of and to refine and run appropriate Florida Cooperative Invasive Species Pine Island, Matlacha Pass, Island Bay, climate change models to better predict Management Area (SWFL CISMA). and Caloosahatchee NWRs. Since wintering critical habitat for the sea level change impacts on resources of piping plover has been designated on Alternative B (Native Wildlife and the refuges. Further, we would work the Terrapin Creek Tract at Matlacha Habitat Diversity) with the partners to establish Pass NWR, we would continue to Alternative B would increase refuge benchmarks to record sea level rise and protect this area and limit human management actions, with a focus on beach profiles and shoreline changes, disturbances. We would continue to native wildlife and habitat diversity. which could potentially impact a work with the partners to address water The rare, threatened, and endangered variety of species. quality, quantity, and timing concerns species of management concern to the A complete archaeological and associated with the refuges’ watersheds, refuges would be expanded to include historical survey of the satellite refuges including Lake Okeechobee regulatory the wood stork, roseate spoonbill, would be conducted, allowing for the releases, the Caloosahatchee Basin and roseate tern, black skimmer, American protection of any newly identified sites. Cape Coral drainages, and local runoff oystercatcher, snowy plover, Wilson’s To resolve boundary and ownership issues. Several climate change models plover, red knot, piping plover, bald discrepancies, we would conduct legal have included these refuges, helping us eagle, mangrove cuckoo, black- boundary surveys and historical to begin to develop an understanding of whiskered vireo, gray kingbird, Florida research. To serve the purposes of the the impacts of climate change on these prairie warbler, West Indian manatee, refuges and wildlife and habitat resources. ornate diamondback terrapin, management goals and objectives, we Under Alternative A, resource loggerhead sea turtle, green sea turtle, would work with the partners to protection management activities for Kemp’s ridley sea turtle, gopher tortoise, develop agreements to establish closed Pine Island, Matlacha Pass, Island Bay, American alligator, American crocodile, area buffers to protect key resources. We and Caloosahatchee NWRs would eastern indigo snake, Sanibel Island rice would prioritize acquisition efforts for continue to be very minimal. Law rat, Gulf sturgeon, and smalltooth those sites with high native wildlife and enforcement staff would continue to sawfish. Increased surveying and habitat values and would pursue patrol known cultural resource sites. monitoring activities, minimized completion of the approved acquisition The full extent of cultural resources on disturbances to wildlife and habitats, boundaries from willing sellers. We the refuges would continue to remain increased habitat management, would pursue Western Hemisphere unknown. Boundaries would be increased intergovernmental Shorebird Reserve Network designation. reposted as possible. Violations of the coordination, and increased information To improve management of the Island closed areas would continue to occur. would enhance decision-making, Bay NWR Wilderness Area, Alternative Boundary discrepancies would likely benefitting a variety of resources. The B would initiate coordination with the continue to exist (e.g., at Caloosahatchee establishment of buffer zones around Charlotte County Mosquito Control

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District to eliminate the use of larvicides visibility and image of the Service in invasive, and nuisance animals and in the Wilderness Area during mosquito communities around these refuges to would coordinate with the partners to control activities. To increase build support for refuge management, increase the public’s awareness of the understanding and awareness regarding including through the development of negative impacts of these species. In all the Wilderness Area, we would an annual event in one of the local these efforts, we would adapt incorporate Island Bay NWR Wilderness communities to highlight the satellite management as necessary to eradicate Area into programs and materials refuges. new invasive species and increase delivered at the ‘‘Ding’’ Darling Alternative C (Migratory Birds, Proposed active participation in the SWFL Education Center and at the proposed Action) CISMA. We would increase annual event for the satellite refuges. management activities related to water Although the refuges would likely Alternative C would propose actions quality, quantity, and timing concerns remain closed throughout the life of the and activities that focus management on with a focus on migratory birds. We CCP, we would expand the Visitor the needs of migratory birds. This would evaluate the need to expand the Services program of the refuges with a alternative addresses the management existing water quality monitoring focus on native diversity through needs of all birds covered under the stations to cover all four refuges. We coordination with the partners, Migratory Bird Treaty Act, including would work with the partners to foster expanded environmental education and resident species of native birds that are and conduct research to better interpretation opportunities, and found using the refuge year-round. understand the impacts of climate increased outreach efforts and activities. The needs of migratory birds would change on migratory birds and to refine Since numerous area visitors also visit be prioritized in all management and and run appropriate climate change the nearby J.N. ‘‘Ding’’ Darling NWR, we restoration plans. The rare, threatened, models to better predict sea level change would update the exhibits and activities and endangered species of management impacts on resources of the refuges. concern to the refuges would be at the ‘‘Ding’’ Darling Education Center Further, we would work with the expanded to include the wood stork, to highlight the satellite refuges and partners to establish benchmarks to roseate spoonbill, roseate tern, black provide wilderness stewardship record sea level rise and beach profiles skimmer, American oystercatcher, principles. Since numerous uses occur and shoreline changes, which could snowy plover, Wilson’s plover, red knot, adjacent to these refuges, we would potentially impact a variety of species. work with the partners to minimize the piping plover, bald eagle, mangrove A complete archaeological and impacts to resources of the refuges from cuckoo, black-whiskered vireo, gray these adjacent activities (e.g., impacts kingbird, Florida prairie warbler, West historical survey of the satellite refuges from disturbance and from abandoned Indian manatee, ornate diamondback would be conducted, allowing for the monofilament fishing line, cast nets, terrapin, loggerhead sea turtle, green sea protection of any newly identified sites. and crab traps on birds, manatees, sea turtle, Kemp’s ridley sea turtle, gopher To resolve boundary and ownership turtles, and terrapins) and to improve tortoise, American alligator, American discrepancies, we would conduct legal the ethical outdoor behavior of area crocodile, eastern indigo snake, Gulf boundary surveys and historical users. We would incorporate messages sturgeon, and smalltooth sawfish. research. To serve the purposes of the that focus on native wildlife and habitat Increased and improved surveying and refuges and wildlife and habitat diversity, the role and importance of monitoring activities, minimized management goals and objectives, we these refuges in the landscape, and the disturbances to wildlife and habitats, would work with the partners to importance of minimizing the impacts increased habitat creation and develop agreements to establish closed of human activities into on-site (at the management, increased area buffers to protect key resources. We ‘‘Ding’’ Darling Education Center) and intergovernmental coordination, and would prioritize acquisition efforts for off-site curriculum-based environmental increased information would enhance those sites with high values for education programs, as well as into decisionmaking, benefitting a variety of migratory birds and would pursue interpretive and outreach materials resources. We would work with the completion of the approved acquisition developed for all refuges in the partners to evaluate the Turtle Bay area boundaries from willing sellers. We Complex. We would train volunteers, of Island Bay NWR for designation as a would pursue the designation of lands teachers, and staff to conduct Manatee Sanctuary, since it is an and waters within the current educational and interpretive programs; important manatee natality area within management boundaries of Pine Island increase outreach efforts and activities Charlotte Harbor. The establishment of and Matlacha Pass NWRs for inclusion to the local communities; and work with buffer zones around known rookery in the Western Hemisphere Shorebird partners to develop an annual satellite locations and key foraging and resting Reserve Network and of all four refuges refuges event in one of the local areas would benefit a variety of birds. In as RAMSAR Wetlands of International communities. relation to the proposed widening of I– Importance, as part of the application Alternative B would create five staff 75, we would work with the partners to for J.N. ‘‘Ding’’ Darling NWR. To positions specific to these refuges: identify and address wildlife and improve management of the Island Bay Biological science technician, law habitat impacts associated with the NWR Wilderness Area, we would enforcement officer, wildlife refuge proposed project, with an emphasis on initiate coordination with the Charlotte specialist (assistant refuge manager), minimizing impacts to migratory birds. County Mosquito Control District to hydrologist, and park ranger Focusing on the needs of migratory eliminate the use of larvicides in the (Environmental Education). The lead birds, we would expand exotic, Wilderness Area during mosquito biologist at the J.N. ‘‘Ding’’ Darling NWR invasive, and nuisance plant species control activities. To increase would continue to design and oversee control activities with a focus on understanding and awareness regarding the biological program and activities at migratory birds with updated lists of the Wilderness Area, we would the satellite refuges. We would work priorities and identification and incorporate Island Bay NWR Wilderness with the partners to evaluate and install location of new plant infestations with Area into programs and materials interpretive signage at partner sites. A initial efforts focused on elimination. delivered at the ‘‘Ding’’ Darling key refuge administration activity Further, we would work with the Education Center and at the proposed would be to work to improve the partners to control and eradicate exotic, annual event for the satellite refuges.

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Although the refuges would likely Alternative D (Rare, Threatened, and quality, quantity, and timing concerns remain closed throughout the life of the Endangered Species) with a focus on rare, threatened, and CCP, we would expand the Visitor Alternative D would focus on endangered species. We would evaluate Services program of the refuges with a increasing refuge management actions the need to expand the existing water focus on migratory birds through that promote the recovery of rare, quality monitoring stations to cover all coordination with the partners, threatened, and endangered species four refuges. We would work with the expanded environmental education and occurring within the four refuges. partners to foster and conduct research interpretation opportunities, and The rare, threatened, and endangered to better understand the impacts of increased outreach efforts and activities. species of management concern to the climate change on rare, threatened, and Since numerous area visitors also visit refuges would be expanded to include endangered species and to refine and the nearby J.N. ‘‘Ding’’ Darling NWR, we the wood stork, roseate spoonbill, run appropriate climate change models would update the exhibits and activities roseate tern, black skimmer, American to better predict sea level change at the ‘‘Ding’’ Darling Education Center oystercatcher, snowy plover, Wilson’s impacts on resources of the refuges. to highlight the satellite refuges and plover, red knot, piping plover, bald Further, we would work with the provide wilderness stewardship eagle, mangrove cuckoo, black- partners to establish benchmarks to principles. Since numerous uses occur whiskered vireo, gray kingbird, Florida record sea level rise and beach profiles adjacent to these refuges, we would prairie warbler, West Indian manatee, and shoreline changes, which could work with the partners to minimize the Sanibel Island rice rat, ornate potentially impact a variety of species. A complete archaeological and impacts to resources of the refuges from diamondback terrapin, loggerhead sea historical survey of the satellite refuges these adjacent activities (e.g., impacts turtle, green sea turtle, Kemp’s ridley would be conducted, allowing for the from disturbance and from abandoned sea turtle, gopher tortoise, American protection of any newly identified sites. monofilament fishing line, cast nets, alligator, American crocodile, eastern To resolve boundary and ownership and crab traps on birds, manatees, sea indigo snake, Gulf sturgeon, and discrepancies, we would conduct legal turtles, and terrapins) and to improve smalltooth sawfish. Increased and boundary surveys and historical the ethical outdoor behavior of area improved survey and monitoring research. To serve the purposes of the users. We would incorporate messages activities, minimized disturbances to refuges and wildlife and habitat that focus on migratory birds, the role wildlife and habitats, increased habitat and importance of these refuges in the management goals and objectives, we creation and management, increased would work with the partners to landscape, and the importance of intergovernmental coordination, and minimizing the impacts of human develop agreements to establish closed increased information would enhance area buffers to protect key resources. We activities into on-site (at the ‘‘Ding’’ decision-making, benefitting a variety of Darling Education Center) and off-site would prioritize acquisition efforts for resources and helping serve recovery those sites with high values for rare, curriculum-based environmental goals. We would work with the partners education programs, as well as into threatened, and endangered species and to evaluate the Turtle Bay area of Island would pursue completion of the interpretive and outreach materials Bay NWR for designation as a Manatee developed for all refuges in the approved acquisition boundaries from Sanctuary, since it is an important willing sellers. We would pursue Complex. The Complex would train manatee natality area within Charlotte volunteers, teachers, and staff to Western Hemisphere Shorebird Reserve Harbor. The establishment of buffer Network designation. To improve conduct educational and interpretive zones around known rookery locations management of the Island Bay NWR programs; increase outreach efforts and and key foraging and resting areas Wilderness Area, we would initiate activities to the local communities; and would benefit a variety of rare, coordination with the Charlotte County work with partners to develop an threatened, and endangered species. In Mosquito Control District to eliminate annual satellite refuge event in one of relation to the proposed widening of I– the use of larvicides in the Wilderness the local communities. 75, we would work with the partners to Area during mosquito control activities. Alternative C would create five staff identify and address wildlife and To increase understanding and positions specific to these refuges: habitat impacts associated with the awareness regarding the Wilderness Biological science technician, law proposed project with an emphasis on Area, we would incorporate Island Bay enforcement officer, wildlife refuge minimizing impacts to rare, threatened, NWR Wilderness Area into programs specialist (assistant refuge manager), and endangered species. The refuges and materials delivered at the ‘‘Ding’’ hydrologist, and park ranger would expand exotic, invasive, and Darling Education Center and at the (environmental education). The lead nuisance plant species control activities proposed annual event for the satellite biologist at the J.N. ‘‘Ding’’ Darling NWR with a focus on rare, threatened, and refuges. would continue to design and oversee endangered species, with updated lists Although the refuges would likely the biological program and activities at of priorities and identification and remain closed throughout the life of the the satellite refuges. We would work location of new plant infestations with CCP, we would expand the Visitor with the partners to evaluate and install initial efforts focused on elimination. Services program of the refuges through interpretive signage at partner sites. Further, we would work with the coordination with the partners, And, we would expand existing partners to control and eradicate exotic, expanded environmental education and partnerships and develop new invasive, and nuisance animals and interpretation opportunities, and partnerships. A key refuge would coordinate with the partners to increased outreach efforts and activities. administration activity would be to increase the public’s awareness of the Visitor services programs and activities work to improve the visibility and negative impacts of these species. In all would be focused on rare, threatened, image of the Service in communities these efforts, we would adapt and endangered species. Since around these refuges to build support management as necessary to eradicate numerous area visitors also visit the for refuge management, including new invasive species and increase nearby J.N. ‘‘Ding’’ Darling NWR, we through the development of an annual active participation in the SWFL would update the exhibits and activities event in one of the local communities to CISMA. We would increase at the ‘‘Ding’’ Darling Education Center highlight the satellite refuges. management activities related to water to highlight the satellite refuges and

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provide wilderness stewardship to withhold your personal identifying Bureau of Land Management, 333 SW. principles. Since numerous uses occur information from public review, we 1st Avenue, Portland, Oregon 97204. adjacent to these refuges, we would cannot guarantee that we will be able to Cathie Jensen, work with the partners to minimize the do so. impacts to resources of the refuges from Branch of Land, Mineral, and Energy Authority: This notice is published under Resources. these adjacent activities (e.g., impacts the authority of the National Wildlife Refuge [FR Doc. 2010–12164 Filed 5–20–10; 8:45 am] from disturbance and from abandoned System Improvement Act of 1997, Pub. L. monofilament fishing line, cast nets, 105–57. BILLING CODE 4310–33–P and crab traps on rare, threatened, and Dated: April 14, 2010. endangered species) and to improve the Mark J. Musaus, ethical outdoor behavior of area users. DEPARTMENT OF THE INTERIOR Acting Regional Director. We would incorporate messages that National Park Service focus on rare, threatened, and [FR Doc. 2010–12213 Filed 5–20–10; 8:45 am] endangered species, the role and BILLING CODE 4310–55–P Notice of Inventory Completion: importance of these refuges in the University of Colorado Museum, landscape, and the importance of Boulder, CO minimizing the impacts of human DEPARTMENT OF THE INTERIOR activities into on-site (at the ‘‘Ding’’ AGENCY: National Park Service, Interior. Bureau of Land Management Darling Education Center) and off-site ACTION: Notice. curriculum-based environmental education programs, as well as into [LLOROR957000–L62510000–PM000: Notice is here given in accordance interpretive and outreach materials HAG10–0255] with the Native American Graves Protection and Repatriation Act developed for all refuges in the Filing of Plats of Survey: Oregon/ Complex. We would train volunteers, (NAGPRA), 25 U.S.C. 3003, of the Washington teachers, and staff to conduct completion of an inventory of human educational and interpretive programs; remains in the possession of the AGENCY: Bureau of Land Management, University of Colorado Museum, increase outreach efforts and activities Interior. to the local communities; and work with Boulder, CO. The human remains were partners to develop an annual satellite ACTION: Notice. removed from Meagher County, MT. refuge event in one of the local This notice is published as part of the communities. SUMMARY: The plats of survey of the National Park Service’s administrative Alternative D would create five staff following described lands are scheduled responsibilities under NAGPRA, 25 positions specific to these refuges: to be officially filed in the Bureau of U.S.C. 3003(d)(3). The determinations in Biological science technician, law Land Management Oregon/Washington this notice are the sole responsibility of enforcement officer, wildlife refuge State Office, Portland, Oregon, 30 days the museum, institution, or Federal specialist (assistant refuge manager), from the date of this publication. agency that has control of the Native hydrologist, and park ranger American human remains. The National (Environmental Education). The lead Willamette Meridian Park Service is not responsible for the biologist at the J.N. ‘‘Ding’’ Darling NWR Oregon determinations in this notice. A detailed assessment of the human would continue to design and oversee T. 7 S., R. 9 W., accepted April 12, 2010 the biological program and activities at T. 39 S., R. 2 E., accepted April 26, 2010 remains was made by University of the satellite refuges. We would work T. 33 S., R. 7 W., accepted April 26, 2010 Colorado Museum professional staff in with the partners to evaluate and install T. 33 S., R. 2 E., accepted April 26, 2010 consultation with representatives of the interpretive signage at partner sites. We T. 19 S., R. 7 W., May 3, 2010 Blackfeet Tribe of the Blackfeet Indian would expand existing partnerships and T. 14 S., R. 2 W., May 3, 2010 Reservation of Montana; Crow Tribe of develop new partnerships. A key refuge T. 31 S., R. 6 W., May 4, 2010 Montana; Fort Belknap Indian T. 31 S., R. 6 W., May 4, 2010 Community of the Fort Belknap administration activity would be to T. 30 S., R. 7 W., May 4, 2010 work to improve the visibility and Reservation of Montana; and Three T. 30 S., R. 8 W., May 4, 2010 Affiliated Tribes of the Fort Berthold image of the Service in communities T. 22 S., R. 8 W., May 4, 2010 around these refuges to build support Reservation, North Dakota. for refuge management, including Washington Possibly in 1905, human remains through the development of an annual T. 39 N., R. 43 E., accepted April 26, 2010 representing a minimum of two event in one of the local communities to T. 17 N., R. 9 W., accepted April 29, 2010 individuals were removed from highlight the satellite refuges. T. 38 N., R. 2 E., accepted May 3, 2010 Musselshell River, Meagher County, MT, possibly by Ralph Hubbard. One of Next Step ADDRESSES: A copy of the plats may be obtained from the Land Office at the the individuals appears to have After the comment period ends, we Oregon/Washington State Office, Bureau sustained three gun-shot wounds. No will analyze the comments and address of Land Management, 333 SW. 1st known individuals were identified. No them. Avenue, Portland, Oregon 97204, upon associated funerary objects are present. Previously, human remains required payment. A person or party Public Availability of Comments representing seven individuals from who wishes to protest against a survey Before including your address, phone Meagher County, MT, were identified in must file a notice that they wish to number, e-mail address, or other the museum’s Culturally Unidentifiable protest (at the above address) with the personal identifying information in your Human Remains Inventory (dated May Oregon/Washington State Director, comment, you should be aware that 16, 1996). After consultation, human Bureau of Land Management, Portland, your entire comment—including your remains representing five individuals Oregon. personal identifying information—may with two associated funerary objects be made publicly available at any time. FOR FURTHER INFORMATION CONTACT: from ‘‘in a butte (‘‘Sentinal [sic] Rock’’), While you can ask us in your comment Chief, Branch of Geographic Sciences, Meagher County, MT,’’ were determined

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to be culturally affiliated with the may proceed after that date if no No known individual was identified. Blackfeet Tribe, Crow Tribe, Fort additional claimants come forward. Mr. Gillman described finding a copper Belknap Indian Community, and Three The University of Colorado Museum vessel and other ‘‘small articles’’ with Affiliated Tribes (73 FR 8359–8360, is responsible for notifying the Blackfeet the human remains. However, these February 13, 2008), and subsequently Tribe of the Blackfeet Indian items were not accessioned into the repatriated to the Blackfeet Tribe. The Reservation of Montana; Crow Tribe of museum’s collection and their museum believed at that time that it had Montana; Fort Belknap Indian disposition is unknown. Therefore, no accounted for all of the human remains Community of the Fort Belknap associated funerary objects are present. from Montana, and that the number of Reservation of Montana; and Three Museum documentation indicates individuals listed in the Culturally Affiliated Tribes of the Fort Berthold that this individual was recovered from Unidentifiable Human Remains Reservation, North Dakota that this a burial mound. Contextual information Inventory was an error. However, on notice has been published. suggests that this individual is most June 16, 2009, human remains Dated: May 6, 2010. likely Native American. This interment representing two individuals from likely dates to the Historic period due Sherry Hutt, ‘‘Musselshell R., Montana’’ were found to the presence of a copper vessel. in the museum. This now accounts for Manager, National NAGPRA Program. Information from manuscript maps of all seven individuals originally listed in [FR Doc. 2010–12272 Filed 5–20–10; 8:45 am] Douglass Houghton, the first Geologist the inventory. BILLING CODE 4312–50–S for the State of Michigan, indicates that Based on biological evidence, the there was a village near the mouth of the human remains are probably Native Tawas River in 1838. He describes the American. Based on geographic DEPARTMENT OF THE INTERIOR village as that of Outawanse. evidence, including Indian Land Claims Consultation with the Saginaw National Park Service Commission decisions and oral Chippewa Indian Tribe of Michigan tradition, the human remains are Notice of Inventory Completion: indicates that Outawanse was a chief of reasonably believed to be Blackfeet, Peabody Museum of Archaeology and the Saginaw Chippewa Tribe during the Crow, Gros Ventre, or Assiniboine. The Ethnology, Harvard University, 19th century. The Tawas River flows Gros Ventre and the Assiniboine are Cambridge, MA into the western shore of Tawas Bay, Federally-recognized as the Fort directly across the water from Tawas Belknap Indian Community of the Fort AGENCY: National Park Service, Interior. Point, where these remains were Belknap Reservation of Montana. The ACTION: Notice. recovered. Given the presence of the Fort Belknap Indian Community of the Saginaw Chippewa village in the Fort Belknap Reservation of Montana Notice is here given in accordance specific area of the burial during the confirmed that the Gros Ventre and with the Native American Graves Historic period, it is likely that the Assiniboine ranged through the Protection and Repatriation Act human remains are ancestral Saginaw Meagher County area mainly in the form (NAGPRA), 25 U.S.C. 3003, of the Chippewa. The present-day group that of hunting and war parties. Based on completion of an inventory of human represents the Saginaw Chippewa oral tradition Crow Nations migrated remains in the possession of the people is the Saginaw Chippewa Indian through this area seasonally. Peabody Museum of Archaeology and Tribe of Michigan. Officials of the University of Colorado Ethnology, Harvard University, Officials of the Peabody Museum of Museum have determined that, Cambridge, MA. The human remains Archaeology and Ethnology have pursuant to 25 U.S.C. 3001(9), the were removed from Iosco County, MI. determined that, pursuant to 25 U.S.C. human remains described above This notice is published as part of the 3001(9), the human remains described represent the physical remains of two National Park Service’s administrative above represent the physical remains of individuals of Native American responsibilities under NAGPRA, 25 one individual of Native American ancestry. Officials of the University of U.S.C. 3003(d)(3). The determinations in ancestry. Officials of the Peabody Colorado Museum also have determined this notice are the sole responsibility of Museum of Archaeology and Ethnology that, pursuant to 25 U.S.C. 3001(2), the museum, institution, or Federal have also determined that, pursuant to there is a relationship of shared group agency that has control of the Native 25 U.S.C. 3001(2), there is a relationship identity that can be reasonably traced American human remains. The National of shared group identity that can be between the Native American human Park Service is not responsible for the reasonably traced between the Native remains and the Blackfeet Tribe of the determinations in this notice. American human remains and the Blackfeet Indian Reservation of A detailed assessment of the human Saginaw Chippewa Indian Tribe of Montana, Crow Tribe of Montana, and remains was made by the Peabody Michigan. Fort Belknap Indian Community of the Museum of Archaeology and Ethnology Representatives of any other Indian Fort Belknap Reservation of Montana. professional staff in consultation with tribe that believes itself to be culturally Representatives of any other Indian representatives of the Grand Traverse affiliated with the human remains tribe that believes itself to be culturally Band of Ottawa and Chippewa Indians, should contact Patricia Capone, affiliated with the human remains Michigan; Little River Band of Ottawa Repatriation Coordinator, Peabody should contact Steve Lekson, Curator of Indians, Michigan; Little Traverse Bay Museum of Archaeology and Ethnology, Anthropology, University of Colorado Bands of Odawa Indians, Michigan; Harvard University, 11 Divinity Ave., Museum, Henderson Building, Campus Ottawa Tribe of Oklahoma; and Saginaw Cambridge, MA 02138, telephone (617) Box 218, Boulder, CO 80309–0218, Chippewa Indian Tribe of Michigan. 496–3702, before June 21, 2010. telephone (303) 492–6671, before June In 1856, human remains representing Repatriation of the human remains to 21, 2010. Repatriation of the human a minimum of one individual were the Saginaw Chippewa Indian Tribe of remains to the Blackfeet Tribe of the removed from the western shore of Michigan may proceed after that date if Blackfeet Indian Reservation of Tawas Point, in Iosco County, MI, by no additional claimants come forward. Montana, Crow Tribe of Montana, and Henry Gillman. They were donated to The Peabody Museum of Archaeology Fort Belknap Indian Community of the the Peabody Museum of Archaeology and Ethnology is responsible for Fort Belknap Reservation of Montana, and Ethnology by Mr. Gillman in 1869. notifying the Grand Traverse Band of

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Ottawa and Chippewa Indians, releases. More information is available Advisory Council (RRAC), and has the Michigan; Little River Band of Ottawa at http://www.blm.gov/id/st/en/res/ authority to review all BLM and Forest Indians, Michigan; Little Traverse Bay resource_advisory.html. Service (FS) recreation fee proposals in Bands of Odawa Indians, Michigan; All meetings are open to the public. Arizona. The afternoon meeting agenda Ottawa Tribe of Oklahoma; and Saginaw The public may present written on June 17, will include a brief review Chippewa Indian Tribe of Michigan that comments to the RAC in advance of or of the Recreation Enhancement Act this notice has been published. at the meeting. Each formal RAC (REA) Working Group Report, REA meeting will also have time allocated for Dated: May 6, 2010. Working Group meeting schedule and receiving public comments. Depending future BLM/FS recreation fee proposals. Sherry Hutt, on the number of persons wishing to The RRAC will not review any Manager, National NAGPRA Program. comment and time available, the time recreation fee proposals at this meeting. [FR Doc. 2010–12275 Filed 5–20–10; 8:45 am] for individual oral comments may be DATES: Effective Date: May 14, 2010. BILLING CODE 4312–50–S limited. Individuals who plan to attend FOR FURTHER INFORMATION CONTACT: and need special assistance, such as Dorothea Boothe, Bureau of Land sign language interpretation or other DEPARTMENT OF THE INTERIOR Management, Arizona State Office, One reasonable accommodations, should North Central Avenue, Suite 800, contact the BLM as provided above. Bureau of Land Management Phoenix, Arizona 85004–4427, 602– Dated: May 13, 2010. 417–9504. [LLIDC00000.L16400000.BF0000.241A.0; Stephanie Snook, 4500012112] James G. Kenna, Acting District Manager. Arizona State Director. [FR Doc. 2010–12297 Filed 5–20–10; 8:45 am] Notice of Public Meeting, Coeur [FR Doc. 2010–12217 Filed 5–20–10; 8:45 am] d’Alene District Resource Advisory BILLING CODE 4310–GG–P BILLING CODE 4310–32–P Council Meeting; ID AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR Interior. DEPARTMENT OF THE INTERIOR Bureau of Land Management ACTION: Notice of public meeting. Bureau of Land Management [LLAZ910000.L12100000.XP0000LXSS150 SUMMARY: In accordance with the A00006100.241A] [WY–923–1310–FI; WYW175940] Federal Land Policy and Management Act (FLPMA) and the Federal Advisory State of Arizona Resource Advisory Notice of Proposed Reinstatement of Committee Act of 1972 (FACA), the U.S. Council Meeting Terminated Oil and Gas Lease, Department of the Interior, Bureau of Wyoming Land Management (BLM) Coeur d’Alene AGENCY: Bureau of Land Management, Interior. AGENCY: Bureau of Land Management, District Resource Advisory Council Interior. (RAC) will meet as indicated below. ACTION: Notice of Arizona Resource ACTION: Notice. DATES: June 21–22, 2010. On June 21, Advisory Council meeting. the meeting will be from 11:30 a.m. to SUMMARY: In accordance with the SUMMARY: Under the provisions of 30 4:30 p.m. with the public comment Federal Land Policy and Management U.S.C. 188(d) and (e), and 43 CFR period from 3:30 p.m. to 4:30 p.m. On Act of 1976 and the Federal Advisory 3108.2–3(a) and (b)(2), the Bureau of June 22, a field trip will be conducted Committee Act of 1972, the U.S. Land Management (BLM) received a from 8 a.m. to about 2 p.m. The meeting Department of the Interior, Bureau of petition for reinstatement from Fossil will be held at the Bureau of Land Land Management (BLM), Arizona Energy, Inc. for competitive oil and gas Management Office, 1 Butte Drive, Resource Advisory Council (RAC), will lease WYW175940 for land in Natrona Cottonwood, Idaho. meet on June 17, 2010, at the BLM County, Wyoming. The petition was FOR FURTHER INFORMATION CONTACT: National Training Center located at 9828 filed on time and was accompanied by Stephanie Snook, RAC Coordinator, North 31st Avenue in Phoenix from 8 all the rentals due since the date the BLM Coeur d’Alene District, 3815 a.m. until 4:30 p.m. Agenda items lease terminated under the law. Schreiber Way, Coeur d’Alene, Idaho include: BLM State Director’s update on FOR FURTHER INFORMATION CONTACT: 83815 or telephone at (208) 769–5004. statewide issues; Presentation on the Bureau of Land Management, Julie L. SUPPLEMENTARY INFORMATION: The 15- California Condor Reintroduction Weaver, Chief, Branch of Fluid Minerals member RAC advises the Secretary of Program; State Director Updates on the Adjudication, at (307) 775–6176. the Interior, through the Bureau of Land BLM Arizona National Landscape SUPPLEMENTARY INFORMATION: The lessee Management, on a variety of planning Conservation System (NLCS), Water and has agreed to the amended lease terms and management issues associated with Renewable Energy Strategies and RAC for rentals and royalties at rates of $10 public land management in Idaho. On discussion and recommendations on per acre, or fraction thereof, per year June 21, the agenda topics include: the issues BLM should consider as these and 162⁄3 percent, respectively. The proposed M3 land exchange; overview strategies are implemented; RAC lessee has paid the required $500 of the Clearwater Basin Collaborative; questions on BLM District Managers’ administrative fee and $163 to and the proposed designation of the Reports; and reports by RAC working reimburse the Department for the cost of Lower Salmon River under the Wild and groups. A public comment period will this Federal Register notice. The lessee Scenic Rivers Act. On June 22, a field be provided at 11:30 a.m. on June 17, has met all the requirements for trip will be conducted to several sites 2010, for any interested members of the reinstatement of the lease as set out in within the field office area, including public who wish to address the Council Sections 31(d) and (e) of the Mineral the Salmon River and Craig Mountain on BLM programs and business. Leasing Act of 1920 (30 U.S.C. 188), and Wildlife Management Area. Additional Under the Federal Lands Recreation the BLM is proposing to reinstate lease agenda topics or changes to the agenda Enhancement Act, the RAC has been WYW175940 effective December 1, will be announced in local press designated as the Recreation Resource 2009, under the original terms and

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conditions of the lease and the isolated parcel of land which lacks legal at the location identified in the increased rental and royalty rates cited access. The BLM is proposing a direct ‘‘ADDRESSES’’ section above. above. The BLM has not issued a valid sale to Cocopah Nurseries, Inc. because Public comments regarding the lease affecting the lands. the public land is completely proposed sale may be submitted in surrounded by private lands owned by writing to the attention of the BLM Palm Julie L. Weaver, Cocopah Nurseries, Inc. A competitive Springs Field Manager (see ADDRESSES Chief, Branch of Fluid Minerals Adjudication. sale is therefore not appropriate and the section above) on or before July 6, 2010. [FR Doc. 2010–12246 Filed 5–20–10; 8:45 am] public interest would be best served by Comments received in electronic form, BILLING CODE 4310–22–P a direct sale. The land identified for sale such as e-mail or facsimile, will not be is considered to have no known mineral considered. Any adverse comments value. The BLM proposes that regarding the proposed sale will be DEPARTMENT OF THE INTERIOR conveyance of the Federal mineral reviewed by the BLM State Director or other authorized official of the Bureau of Land Management interests would occur simultaneously with the sale of the land. Cocopah Department of the Interior, who may [LLCA930000.L58740000.EU0000. Nurseries, Inc. would be required to pay sustain, vacate, or modify this realty LXSS018B0000; CACA 050670] a $50 nonrefundable filing fee for action in whole or in part. In the conveyance of the Federal mineral absence of timely filed objections, this Notice of Realty Action: Proposed interests. realty action will become the final Direct Sale of Public Lands in On May 21, 2010, the above described determination of the Department of the Riverside County, CA land will be segregated from all forms of Interior. Before including your address, AGENCY: Bureau of Land Management, appropriation under the public land phone number, e-mail address, or other Interior. laws, including the mining laws, except personal identifying information in your ACTION: Notice of realty action. the sale provisions of the FLPMA. Until comment, be advised that your entire completion of the sale, the BLM will no comment—including your personal SUMMARY: The Bureau of Land longer accept land use applications identifying information—may be made Management (BLM), Palm Springs— affecting the identified public lands, publicly available at any time. While South Coast Field Office, proposes to except application for the amendment of you can ask us in your comment to sell an 80-acre parcel of public land in previously filed right-of-way withhold from public review your Riverside County, California to Cocopah applications or existing authorizations personal identifying information, we Nurseries, Inc. for the appraised fair to increase the term of the grants in cannot guarantee that we will be able to market value of $77,000. accordance with 43 CFR 2802.15 and do so. DATES: Comments regarding the 2886.15. The temporary segregation will (Authority: 43 CFR 2711.1–2(a) and (c)) proposed sale must be received by the terminate upon issuance of a patent, BLM on or before July 6, 2010. publication in the Federal Register of a Karla Norris, ADDRESSES: Written comments termination of the segregation, or May Assistant Deputy State Director for Natural concerning the proposed sale should be 21, 2012, whichever occurs first, unless Resources. sent to the Field Manager, BLM, Palm extended by the BLM State Director in [FR Doc. 2010–12168 Filed 5–20–10; 8:45 am] Springs Field Office, 1201 Bird Center accordance with 43 CFR 2711.1–2(d) BILLING CODE 4310–40–P Drive, Palm Springs, California 92262. prior to the termination date. The land FOR FURTHER INFORMATION CONTACT: will not be sold until at least 60 days DEPARTMENT OF THE INTERIOR Della Asuagbor, Realty Specialist, BLM, after the date of publication of this notice in the Federal Register. Any Palm Springs Field Office, 1201 Bird Fish and Wildlife Service Center Drive, Palm Springs, California patent issued would contain the 92262, by phone: (760) 833–7148, or by following terms, conditions, and [FWS-R9-IA-2010-N105] e-mail [email protected]. reservations: [96300-1671-0000-P5] a. A reservation of a right-of-way to SUPPLEMENTARY INFORMATION: The Receipt of Applications for Permit following described public land is being the United States for ditches and canals proposed for direct sale to Cocopah constructed by authority of the United AGENCY: Fish and Wildlife Service, Nurseries, Inc., in accordance with States under the Act of August 30, 1890 Interior. Sections 203 and 209 of the Federal (43 U.S.C 945); ACTION: Notice of receipt of applications Land Policy and Management Act of b. A condition that the conveyance be for permit. 1976 (FLPMA), as amended (43 U.S.C. subject to all valid existing rights of 1713), at not less than the appraised fair record; SUMMARY: We, the U.S. Fish and market value: c. A notice and indemnification Wildlife Service, invite the public to statement under the Comprehensive comment on the following applications San Bernardino Meridian Environmental Response, to conduct certain activities with T. 5 S., R. 17 E., Compensation, and Liability Act (42 endangered species, marine mammals, Sec. 30, S1⁄2NE1⁄4. U.S.C. 9620(W)), indemnifying and or both. With some exceptions, the The area described contains 80 acres in holding the United States harmless from Endangered Species Act (ESA) and the Riverside County. any release of hazardous materials that Marine Mammal Protection Act The appraised fair market value is may have occurred; and (MMPA) prohibit activities with listed $77,000. The public land is identified as d. Additional terms and conditions species unless a Federal permit is issued suitable for disposal in the BLM’s 1980 that the authorized officer deems that allows such activities. Both laws California Desert Conservation Area appropriate. Detailed information require that we invite public comment Plan, as amended, and is not needed for concerning the proposed land sale before issuing these permits. any other Federal purpose. including the appraisal, planning and DATES: We must receive requests for The BLM considers the public land environmental documents, and a documents or comments on or before suitable for sale because it is a small mineral report are available for review June 21, 2010. We must receive requests

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for marine mammal permit public Act. Before including your address, Applicant: Brooks Puckett, Plano, TX; hearings, in writing, at the address phone number, e-mail address, or other PRT-11231A shown in the ADDRESSES section by June personal identifying information in your The following applicants each request 21, 2010. comment, you should be aware that a permit to import the sport-hunted ADDRESSES: Brenda Tapia, Division of your entire comment—including your trophy of one male bontebok Management Authority, U.S. Fish and personal identifying information—may (Damaliscus pygargus pygargus) culled Wildlife Service, 4401 North Fairfax be made publicly available at any time. from a captive herd maintained under Drive, Room 212, Arlington, VA 22203; While you can ask us in your comment the management program of the fax (703) 358-2280; or e-mail to withhold your personal identifying Republic of South Africa, for the [email protected]. information from public review, we purpose of enhancement of the survival FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to of the species. Brenda Tapia, (703) 358-2104 do so. (telephone); (703) 358-2280 (fax); B. Endangered Marine Mammals and [email protected] (e-mail). II. Background Marine Mammals SUPPLEMENTARY INFORMATION: To help us carry out our conservation Applicant: U.S. Geological Survey, Alaska Science Center, Anchorage, AK; I. Public Comment Procedures responsibilities for affected species, the Endangered Species Act of 1973, section PRT-067925 A. How Do I Request Copies of The applicant requests an amendment Applications or Comment on Submitted 10(a)(1)(A), as amended (16 U.S.C. 1531 to the permit to increase in the number Applications? et seq.), and our regulations in the Code of Federal Regulations (CFR) at 50 CFR of takes of northern sea otter (Enhydra Send your request for copies of 17, and the Marine Mammal Protection lutris kenyoni) in Alaska, to allow takes applications or comments and materials Act of 1972, as amended (16 U.S.C. 1361 of northern sea otter (Enhydra lutris concerning any of the applications to et seq.), and our regulations in the Code lutris) in Washington, and to increase the contact listed under ADDRESSES. of Federal Regulations (CFR) at 50 CFR the number of samples of northern sea Please include the Federal Register 18, require that we invite public otter (Enhydra lutris lutris) to be notice publication date, the PRT- imported from for the purpose of number, and the name of the applicant comment before final action on these permit applications. Under the MMPA, scientific research. This notification in your request or submission. We will covers activities to be conducted by the you may request a hearing on any not consider requests or comments sent applicant over the remainder of the 5– MMPA application received. If you to an e-mail or address not listed under year period for which the permit would ADDRESSES. If you provide an email request a hearing, give specific reasons be valid. address in your request for copies of why a hearing would be appropriate. Concurrent with publishing this applications, we will attempt to respond The holding of such a hearing is at the notice in the Federal Register, we are to your request electronically. discretion of the Service Director. forwarding copies of the above Please make your requests or III. Permit Applications applications to the Marine Mammal comments as specific as possible. Please Commission and the Committee of confine your comments to issues for A. Endangered Species Scientific Advisors for their review. which we seek comments in this notice, and explain the basis for your Applicant: U.S. Fish and Wildlife Dated: May 14, 2010. comments. Include sufficient Service, George Jordan, Pallid Sturgeon Brenda Tapia, information with your comments to Recovery Coordinator, Billings, MT; Program Analyst, Branch of Permits, Division allow us to authenticate any scientific or PRT-03492A of Management Authority. commercial data you include. [FR Doc. 2010–12222 Filed 5–20–10; 8:45 am] The applicant requests a permit to The comments and recommendations BILLING CODE 4310–55–S that will be most useful and likely to export 50 otoliths (structures of the influence agency decisions are: (1) inner ear system in fishes) from 25 Those supported by quantitative Pallid sturgeon (Scaphirhyncus albus), INTERNATIONAL TRADE information or studies; and (2) Those obtained from the pallid sturgeon COMMISSION that include citations to, and analyses repository, for the purpose of [Inv. No. 337–TA–718] of, the applicable laws and regulations. enhancement of the species. This We will not consider or include in our notification covers activities to be In the Matter of Certain Electronic administrative record comments we conducted by the applicant over a 5– Paper Towel Dispensing Devices and receive after the close of the comment year period. Components Thereof; Notice of period (see DATES) or comments Applicant: George Carden Circus Intl., Investigation delivered to an address other than those Inc., Springfield, MO; PRT-128999 and listed above (see ADDRESSES). AGENCY: International Trade 12311A Commission. B. May I Review Comments Submitted by Others? The applicant requests permits to re- ACTION: Institution of investigation export (12311A) and re-import (128999) pursuant to 19 U.S.C. 1337. Comments, including names and one male captive-born Asian elephant street addresses of respondents, will be SUMMARY: Notice is hereby given that a available for public review at the (Elephas maximus) to worldwide complaint was filed with the U.S. address listed under ADDRESSES. The locations for the purpose of International Trade Commission on public may review documents and other enhancement of the species through April 19, 2010, under section 337 of the information applicants have sent in conservation education. This Tariff Act of 1930, as amended, 19 support of the application unless our notification covers activities to be U.S.C. 1337, on behalf of Georgia-Pacific allowing viewing would violate the conducted by the applicant over a 3– Consumer Products LP of Atlanta, Privacy Act or Freedom of Information year period. Georgia. On May 10, 2010, the

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complainant filed a letter importation of certain electronic paper Commission’s Rules of Practice and supplementing the complaint. The towel dispensing devices or components Procedure, 19 CFR 210.13. Pursuant to complaint, as supplemented, alleges thereof that infringe one or more of 19 CFR 201.16(d)–(e) and 210.13(a), violations of section 337 based upon the claims 1–7 of U.S. Patent No. 6,871,815; such responses will be considered by importation into the United States, the claims 1–22 of U.S. Patent No. the Commission if received not later sale for importation, and the sale within 7,017,856; claims 1–3 of U.S. Patent No. than 20 days after the date of service by the United States after importation of 7,182,289; and claims 1–22 of U.S. the Commission of the complaint and certain electronic paper towel Patent No. 7,387,274, and whether an the notice of investigation. Extensions of dispensing devices and components industry in the United States exists as time for submitting responses to the thereof by reason of infringement of required by subsection (a)(2) of section complaint and the notice of certain claims of U.S. Patent Nos. 337; investigation will not be granted unless 6,871,815; 7,017,856; 7,182,289; and (2) For the purpose of the good cause therefor is shown. 7,387,274. The complaint further alleges investigation so instituted, the following Failure of a respondent to file a timely that an industry in the United States are hereby named as parties upon which response to each allegation in the exists as required by subsection (a)(2) of this notice of investigation shall be complaint and in this notice may be section 337. served: deemed to constitute a waiver of the The complainant requests that the (a) The complainant is: Georgia- right to appear and contest the Commission institute an investigation Pacific Consumer Products LP, 133 allegations of the complaint and this and, after the investigation, issue an Peachtree Street, NE., Atlanta, GA notice, and to authorize the exclusion order and cease and desist 30303. administrative law judge and the orders. (b) The respondents are the following Commission, without further notice to entities alleged to be in violation of the respondent, to find the facts to be as ADDRESSES: The complaint, except for section 337, and are the parties upon any confidential information contained alleged in the complaint and this notice which the complaint is to be served: therein, is available for inspection and to enter an initial determination during official business hours (8:45 a.m. Kruger Products LP, 1900 Minnesota and a final determination containing to 5:15 p.m.) in the Office of the Court, Suite 200, Mississauga such findings, and may result in the Secretary, U.S. International Trade (Ontario) Canada L5N 5R5; issuance of an exclusion order or a cease Commission, 500 E Street, SW., Room KTG USA LP, 400 Mahannah Avenue, and desist order or both directed against 112, Washington, DC 20436, telephone Memphis, TN 38107; the respondent. 202–205–2000. Hearing impaired Stefco Industries, Inc., 1006 Marley By order of the Commission. individuals are advised that information Drive, Haines City, FL 33844; Issued: May 17, 2010. on this matter can be obtained by Cellynne Corporation, 1006 Marley Marilyn R. Abbott, Drive, Haines City, FL 33844; contacting the Commission’s TDD Secretary to the Commission. terminal on 202–205–1810. Persons Draco Hygienic Products Inc., 716 S. Bon View Avenue, Ontario, CA [FR Doc. 2010–12210 Filed 5–20–10; 8:45 am] with mobility impairments who will BILLING CODE 7020–02–P need special assistance in gaining access 91761. to the Commission should contact the NetPak Electronic Plastic and Cosmetic, Inc., d/b/a Open for Business, 1642 N. Office of the Secretary at 202–205–2000. INTERNATIONAL TRADE Campbell Avenue, Chicago, IL 60647; General information concerning the COMMISSION Commission may also be obtained by NetPak Elektronik Plastik ve Kozmetik accessing its Internet server at http:// Sanayi, Ve Ticaret Ltd., 1563 Sk. No: [Investigation No. 332–516; Investigation ˙ No. 332–517] www.usitc.gov. The public record for 8 35110, Izmir, Turkey; this investigation may be viewed on the Paradigm Marketing Consortium, Inc., 350 Michael Drive, Suite 4, Syosset, Certain Environmental Goods: Commission’s electronic docket (EDIS) Probable Economic Effect of Duty-Free at http://edis.usitc.gov. NY 11791; United Sourcing Network Corp., 350 Treatment for U.S. Imports; Certain FOR FURTHER INFORMATION CONTACT: Lisa Michael Drive, Syosset, NY 11791; Environmental Goods: U.S. A. Murray, Esq., Office of Unfair Import New Choice (H.K.) Ltd., Unit 03, G/F., International Trade and Competitive Investigations, U.S. International Trade Block B, Shatin Ind. Centre, 5–7 Yuen Conditions Commission, telephone (202) 205–2734. Shun Circuit, Shatin, Hong Kong; AGENCY: United States International Authority: The authority for institution of Vida International Inc., #8, Lane 281, Trade Commission. this investigation is contained in section 337 Lung-Chiang Road, Taipei, Taiwan. of the Tariff Act of 1930, as amended, and ACTION: Institution of investigations and in section 210.10 of the Commission’s Rules (c) The Commission investigative scheduling of hearing. of Practice and Procedure, 19 CFR 210.10 attorney, party to this investigation, is (2010). Lisa A. Murray, Esq., Office of Unfair SUMMARY: Following receipt of a request Import Investigations, U.S. International dated April 16, 2010 from the United Scope of Investigation: Having Trade Commission, 500 E Street, SW., States Trade Representative (USTR) considered the complaint, the U.S. Suite 401, Washington, DC 20436; and under section 332(g) of the Tariff Act of International Trade Commission, on (3) For the investigation so instituted, 1930 (19 U.S.C. 1332(g)), the U.S. May 14, 2010, ordered that— the Honorable Paul J. Luckern, Chief International Trade Commission (1) Pursuant to subsection (b) of Administrative Law Judge, U.S. (Commission) instituted investigation section 337 of the Tariff Act of 1930, as International Trade Commission, shall No. 332–516, Certain Environmental amended, an investigation be instituted designate the presiding Administrative Goods: Probable Economic Effect of to determine whether there is a Law Judge. Duty-Free Treatment for U.S. Imports, violation of subsection (a)(1)(B) of Responses to the complaint and the and investigation No. 332–517, Certain section 337 in the importation into the notice of investigation must be Environmental Goods: U.S. United States, the sale for importation, submitted by the named respondents in International Trade and Competitive or the sale within the United States after accordance with section 210.13 of the Conditions.

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DATES: and using 2009 trade data. In absence of SW., Washington, DC, beginning at 9:30 Investigation No. 332–516: a universally accepted definition of an a.m. on September 28, 2010. Requests to July 7, 2010: Deadline for filing ‘‘environmental good,’’ the Commission, appear at the public hearing should be written submissions from interested for purposes of its analysis, will refer to filed with the Secretary, no later than parties. the items proposed in Annex III of WTO 5:15 p.m., September 7, 2010, in October 18, 2010: Transmittal of the document TN/TE/19, and as applicable, accordance with the requirements in the Commission’s report to USTR. the additional product-specific ‘‘Submissions’’ section below. All pre- Investigation No. 332–517: descriptions set out in that Annex. hearing briefs and statements should be September 7, 2010: Deadline for filing As requested, for the second report filed not later than 5:15 p.m., September requests to appear at the public hearing. (investigation No. 332–517), the 14, 2010; and all post-hearing briefs and September 14, 2010: Deadline for Commission will: statements should be filed not later than • filing pre-hearing briefs and statements. Provide an overview of the current 5:15 p.m., October 6, 2010. In the event September 28, 2010: Public hearing. state of global environmental goods that, as of the close of business on October 6, 2010: Deadline for filing trade; and • September 7, 2010, no witnesses are post-hearing briefs and written Develop industry, trade, and market scheduled to appear at the hearing, the submissions from interested parties. information for the items proposed in hearing will be canceled. Any person February 16, 2011: Transmittal of the Annex III of WTO document TN/TE/19, interested in attending the hearing as an Commission’s report to USTR. taking into account to the extent observer or nonparticipant may call the possible, the additional, more detailed ADDRESSES: All Commission offices, Secretary to the Commission (202–205– including the Commission’s hearing product descriptions in that Annex. 2000) after September 7, 2010, for rooms, are located in the United States Such information will include major information concerning whether the International Trade Commission U.S. producers and exporters, key U.S. hearing will be held. The Commission export markets, MFN applied and Building, 500 E Street, SW., intends to issue a subsequent Federal bound tariffs in those markets, and the Washington, DC. All written Register notice that will provide details value of U.S. imports and exports for submissions should be addressed to the on the subject areas that would be of 2007–09, to the extent practical; and particular interest for witnesses to Secretary, United States International • Prepare several case studies on the address at the public hearing. Trade Commission, 500 E Street, SW., competitive position of selected U.S. Washington, DC 20436. The public environmental goods industries that Written Submissions: In lieu of or in record for this investigation may be produce the items proposed in Annex III addition to participating in the hearing, viewed on the Commission’s electronic of WTO document TN/TE/19. The interested parties are invited to submit docket (EDIS) at http://www.usitc.gov/ Commission will select environmental written statements concerning these secretary/edis.htm. goods of significant export and/or investigations. All written submissions FOR FURTHER INFORMATION CONTACT: Co- commercial interest to the United should be addressed to the Secretary, project leaders Karl Tsuji (202–205– States. Each case study will include a and should be received not later than 3434 or [email protected]) or Andrew description of the competitive factors 5:15 p.m. on the respective dates David (202–205–3368 or affecting exports, or the potential to specified above for each investigation. [email protected]) for export, and to the extent practical, All written submissions must conform information specific to these identify tariff and non-tariff measures, with the provisions of section 201.8 of investigations. For information on the government programs, and the Commission’s Rules of Practice and legal aspects of these investigations, technological advantages, and provide Procedure (19 CFR 201.8). Section 201.8 contact William Gearhart of the information on shares in domestic and requires that a signed original (or a copy Commission’s Office of the General major foreign markets as well as other so designated) and fourteen (14) copies Counsel (202–205–3091 or relevant information. of each document be filed. In the event [email protected]). The media The Commission will submit its first that confidential treatment of a should contact Margaret O’Laughlin, report to USTR by October 18, 2010, and document is requested, at least four (4) Office of External Relations (202–205– its second report to USTR by February additional copies must be filed, in 1819 or [email protected]). 16, 2011. The USTR indicated that the which the confidential information Hearing-impaired individuals may portions of the Commission’s first report must be deleted (see the following obtain information on this matter by and its associated working papers that paragraph for further information contacting the Commission’s TDD deal with the requested probable regarding confidential business terminal at 202–205–1810. General economic effect advice, as well as information). The Commission’s rules information concerning the Commission relevant parts of the more detailed authorize filing submissions with the may also be obtained by accessing its analysis, as identified by USTR, will be Secretary by facsimile or electronic Internet server (http://www.usitc.gov). classified as ‘‘confidential.’’ The USTR means only to the extent permitted by Persons with mobility impairments who said that his office will provide further section 201.8 of the rules (see Handbook will need special assistance in gaining guidance relating on the extent to which for Electronic Filing Procedures, http:// access to the Commission should portions of the two reports require www.usitc.gov/secretary/fed_reg_ contact the Office of the Secretary at classification and the duration. The notices/rules/documents/handbook_on_ 202–205–2000. USTR also stated that he considers the electronic_filing.pdf). Persons with Background: As requested, in the first Commission’s reports to be inter-agency questions regarding electronic filing report (investigation No. 332–516), the memoranda that will contain pre- should contact the Secretary (202–205– Commission will provide advice as to decisional advice and be subject to the 2000). Any submissions that contain the probable economic effect on U.S. deliberative process privilege. confidential business information must industries and on U.S. consumers of Public Hearing: A public hearing in also conform with the requirements of reducing U.S. tariffs to zero on dutiable connection with the second section 201.6 of the Commission’s Rules imported environmental goods from all investigation (No. 332–517) will be held of Practice and Procedure (19 CFR U.S. trading partners, based on 2010 at the U.S. International Trade 201.6). Section 201.6 of the rules HTS nomenclature at the 8-digit level, Commission Building, 500 E Street, requires that the cover of the document

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and the individual pages be clearly inspection during official business determined not to review the ALJ’s ID marked as to whether they are the hours (8:45 a.m. to 5:15 p.m.) in the terminating the investigation and to ‘‘confidential’’ or ‘‘non-confidential’’ Office of the Secretary, U.S. issue the consent order submitted by version, and that the confidential International Trade Commission, 500 E Auront. business information be clearly Street, SW., Washington, DC 20436, The authority for the Commission’s identified by means of brackets. All telephone (202) 205–2000. General determination is contained in section written submissions, except for information concerning the Commission 337 of the Tariff Act of 1930, as confidential business information, will may also be obtained by accessing its amended (19 U.S.C. 1337), and in be made available for inspection by Internet server at http://www.usitc.gov. § 210.45 of the Commission’s Rules of interested parties. The public record for this investigation Practice and Procedure (19 CFR 210.45). Some or all of the confidential may be viewed on the Commission’s By order of the Commission. business information that the electronic docket (EDIS) at http:// Issued: May 17, 2010. Commission receives in this edis.usitc.gov. Hearing-impaired Marilyn R. Abbott, investigation may be included in the persons are advised that information on Secretary to the Commission. report that the Commission sends to the this matter can be obtained by USTR. However, any confidential contacting the Commission’s TDD [FR Doc. 2010–12266 Filed 5–20–10; 8:45 am] business information received by the terminal on (202) 205–1810. BILLING CODE 7020–02–P Commission in this investigation and SUPPLEMENTARY INFORMATION: This used in preparing this report will not be investigation was instituted on DEPARTMENT OF LABOR published in a manner that would December 29, 2009, based on a reveal the operations of the firm complaint filed by Matthew Bullock and Employment and Training supplying the information. Walnut Industries, Inc. 74 FR 68865 Administration By order of the Commission. (Dec. 29, 2009). The complaint alleges [TA–W–63,052] Issued: May 14, 2010. violations of section 337 of the Tariff Marilyn R. Abbott, Act of 1930 (19 U.S.C. 1337) in the Chrysler LLC; St. Louis North Secretary to the Commission. importation into the United States, the Assembly Plant, Including On-Site sale for importation, and the sale within [FR Doc. 2010–12211 Filed 5–20–10; 8:45 am] Leased Workers From HAAS TCM, Inc., the United States after importation of BILLING CODE 7020–02–P Logistics Services, Inc., Robinson certain restraining systems for transport, Solutions, and Yazaki North America; components thereof, and methods of Fenton, MO; Amended Certification INTERNATIONAL TRADE using the same by reason of Regarding Eligibility To Apply for COMMISSION infringement of certain claims of United Worker Adjustment Assistance and States Patent Nos. 6,089,802, 6,227,779, [Investigation No. 337–TA–696] Alternative Trade Adjustment and 6,981,827. The complaint named Assistance Qingdao Auront Industry & Trade Co. In the Matter of Certain Restraining Ltd. (‘‘Auront’’) as the sole respondent. In accordance with Section 223 of the Systems for Transport, Components On March 16, 2010, Auront filed a Trade Act of 1974 (19 U.S.C. 2273), and Thereof, and Methods of Using Same; motion to terminate the investigation section 246 of the Trade Act of 1974 (26 Notice of Commission Determination based on a consent order stipulation. U.S.C. 2813), as amended, the Not To Review an Initial Determination The Commission investigative attorney Department of Labor issued a Granting Respondent’s Second (‘‘IA’’) opposed the motion to terminate Certification of Eligibility to Apply for Amended Motion To Terminate the because Auront did not satisfy the Worker Adjustment Assistance and Investigation in Its Entirety Based on a Commission Rules. On April 5, 2010, Alternative Trade Adjustment Consent Order Stipulation and To Auront filed a second motion to Assistance on April 14, 2008, applicable Issue a Consent Order; Termination of terminate based on a revised consent to workers of Chrysler LLC, St. Louis the Investigation order. On April 14, 2010, Auront filed North Assembly Plant, Fenton, AGENCY: International Trade an amendment to its second motion Missouri. The notice was published in Commission. with additional revisions to the consent the Federal Register on May 2, 2008 (73 ACTION: Notice. order stipulation. On April 20, 2010, FR 24317). The certification was complainants filed an opposition to amended on November 18, 2009 and SUMMARY: Notice is hereby given that Auront’s motions. On the same day, the December 9, 2009 to include on-site the U.S. International Trade IA filed a response in support of leased workers from HAAS TCM, Inc. Commission has determined not to termination. and Logistics Services, Inc. The notices review the presiding administrative law On April 21, 2010, the ALJ issued an were published in the Federal Register judge’s (‘‘ALJ’’) initial determination initial determination (‘‘ID’’) granting on December 1, 2008 (73 FR 72848) and (‘‘ID’’) (Order No. 6) granting Auront’s second amended motion to December 18, 2008 (73 FR 77069) respondent’s second amended motion to terminate the investigation. The ALJ respectively. It was amended again on terminate the investigation in its found that the motion complied with October 30, 2009 to include on-site entirety based on a consent order the requirements of Commission Rule leased workers from Robinson stipulation and to issue a consent order. 210.21 (19 CFR 210.21). The ALJ also Solutions, and again March 31, 2010 to FOR FURTHER INFORMATION CONTACT: Jia concluded that, pursuant to include Logistics Management Services, Chen, Office of the General Counsel, Commission Rule 210.50(b)(2) (19 CFR and on April 20, 2010 to include U.S. International Trade Commission, 210.50(b)(2)), there is no evidence that Corrigan Company and Murphy 500 E Street, SW., Washington, DC termination of this investigation will Company. The notices were published 20436, telephone (202) 708–5468. prejudice the public interest. in the Federal Register on November 12, Copies of non-confidential documents Accordingly, the ALJ terminated the 2009 (74 FR 58316), April 19, 2010 (75 filed in connection with this investigation. No petitions for review of FR 203832–20383), and April 29, 2010 investigation are or will be available for this ID were filed. The Commission has (75 FR 22627–22628) respectively.

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At the request of the State Agency, the DEPARTMENT OF LABOR Chapter 2 of Title II of the Trade Act of 1974, Department reviewed the certification as amended. for workers of the subject firm. The Employment and Training Signed in Washington, DC, this 11th day of workers assemble Dodge Ram full-sized Administration May 2010. pickup trucks. Michael W. Jaffe, [TA–W–72,912] New information shows that workers Certifying Officer, Division of Trade Adjustment Assistance. leased from Yazaki North America were Rexam Closure Systems, Inc. a employed on-site at the Fenton, Subsidiary of Rexam PLC Including [FR Doc. 2010–12249 Filed 5–20–10; 8:45 am] Missouri location of Chrysler LLC, St. On-Site Leased Workers From Addeco BILLING CODE 4510–FN–P Louis North Assembly Plant. The Employment Services Including Department has determined that these Workers Whose Unemployment DEPARTMENT OF LABOR workers were sufficiently under the Insurance (UI) Wages Are Paid control of Chrysler LLC, St. Louis North Through Owens Illinois Manufacturing Employment and Training Assembly Plant to be considered leased Hamlet, NC; Amended Certification Administration workers. Regarding Eligibility To Apply for Worker Adjustment Assistance [TA–W–70,324] Based on these findings, the Department is amending this In accordance with Section 223 of the Delphi Packard Electrical/Electronic certification to include workers leased Trade Act of 1974, as amended (‘‘Act’’), Architecture, a Subsidiary of Delphi from Yazaki North America working on- 19 U.S.C. 2273, the Department of Labor Corporation, Including On-Site Leased site at the Fenton, Missouri location of issued a Certification of Eligibility to Workers From Bartech and EDS, an HP the subject firm. apply for Worker Adjustment Assistance Company; Warren, OH; Amended on March 15, 2010, applicable to the Certification Regarding Eligibility To The intent of the Department’s workers of Rexam Closure Systems, Inc., Apply for Worker Adjustment certification is to include all workers a subsidiary of Rexam PLC, Hamlet, Assistance employed at Chrysler LLC, St. Louis North Carolina. The notice was In accordance with Section 223 of the North Assembly Plant, Fenton, Missouri published in the Federal Register on who were adversely affected by Trade Act of 1974, as amended (‘‘Act’’), April 23, 2010 (75 FR 21357). 19 U.S.C. 2273, the Department of Labor increased imports of Dodge Ram full- At the request of the State Agency, the sized pickup trucks. issued a Certification of Eligibility to Department reviewed the certification Apply for Worker Adjustment The amended notice applicable to for workers of the subject firm. The Assistance on December 8, 2009, TA–W–63,052 is hereby issued as workers were engaged in activities applicable to workers of Delphi Packard follows: related to the production of plastic Electrical/Electronic Architecture, a closures. All workers of Chrysler LLC, St. Louis subsidiary of Delphi Corporation, New findings show that Rexam North Assembly Plant, including on-site including on-site leased workers from Closure Systems, Inc., a subsidiary of leased workers from HAAS TCM, Inc., Bartech, Warren, Ohio. The notice was Rexam PLC purchased Owens Illinois Logistics Services, Inc., Robinson Solutions, published in the Federal Register on Logistics Management Services, Corrigan Manufacturing. Some workers separated January 25, 2010 (75 FR 3930). The Company, Murphy Company and Yazaki from employment at the subject firm notice was amended on January 28, North America, Fenton, Missouri, who had their wages reported under a 2010 to include on-site leased workers became totally or partially separated from separated unemployment insurance (UI) from EDS an HP Company. The notice employment on or after March 18, 2007, tax account under the name Owens was published in the Federal Register through April 14, 2010, are eligible to apply Illinois Manufacturing. on April 1, 2010 (75 FR 16513) for adjustment assistance under Section 223 Accordingly, the Department is At the request of the State Agency, the of the Trade Act of 1974, and are also eligible amending this certification to properly Department reviewed the certification to apply for alternative trade adjustment reflect this matter. for workers of the subject firm. The assistance under Section 246 of the Trade Act The intent of the Department’s workers are engaged in the production of 1974. certification is to include all workers of of wiring and connector components. Rexam Closure Systems, Inc. who were The review shows that on November Signed at Washington, DC this 12th day of adversely affected as a secondary 3, 2006, a certification of eligibility to May 2010. component supplier for a TAA certified apply for adjustment assistance was Del Min Amy Chen, firm. issued for all workers of Delphi Packard Certifying Officer, Division of Trade The amended notice applicable to Electric, Warren, Ohio, separated from Adjustment Assistance. TA–W–72,912 is hereby issued as employment on or after July 26, 2005 [FR Doc. 2010–12252 Filed 5–20–10; 8:45 am] follows: through November 3, 2008. The notice BILLING CODE 4510–FN–P All workers of Rexam Closure Systems, was published in the Federal Register Inc., a subsidiary of Rexam PLC, including on November 22, 2006 (71 FR 67649). on-site leased workers from Addeco In order to avoid an overlap in worker Employment Services, and including workers group coverage, the Department is whose UI wages are paid through Owens amending the May 19, 2008 impact date Illinois Manufacturing, Hamlet, North established for TA–W–70,324, to read Carolina, who became totally or partially November 4, 2008. separated from employment on or after The amended notice applicable to November 10, 2008, through March 15, 2012, TA–W–70,324 is hereby issued as and all workers in the group threatened with total or partial separation from employment follows: on the date of certification through two years All workers of Delphi Packard Electrical/ from the date of certification, are eligible to Electronic Architecture, a subsidiary of apply for adjustment assistance under Delphi Corporation, including on-site leased

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workers from Bartech and EDS an HP March 26, 2007, through May 1, 2010. for workers of the subject firm. The Company, Warren, Ohio (TA–W–70,324, The notice was published in the Federal workers are engaged in activities related Delphi Packard Electrical/Electronic Register on May 15, 2008 (73 FR 28167). to the production of rigid commercial Architecture, a subsidiary of Delphi products. Corporation, including on-site leased workers In order to avoid an overlap in worker from Bartech, and EDS an HP Company, group coverage, the Department is The company reports that workers Rootstown, Ohio (TA–W–70,324A), Delphi amending the July 13, 2008 impact date leased from Technical Needs, Packard Electrical/Electronic Architecture, a established for TA–W–71,670, to read MicoTech, and CoWorx were employed subsidiary of Delphi Corporation, including May 2, 2010. on-site at the Nashua, New Hampshire, on-site leased workers from Bartech and EDS The amended notice applicable to location of Amphenol Printed Circuits, an HP Company, Vienna, Ohio (TA–W– TA–W–71,670 is hereby issued as Inc., a subsidiary of Amphenol 70,324B), Delphi Packard Electrical/ follows: Corporation. The Department has Electronic Architecture, a subsidiary of determined that these workers were Delphi Corporation, including on-site leased All workers of Indalex, Inc., Girard, Ohio workers from Bartech and EDS an HP (TA–W–71,670) who became totally or sufficiently under the control of the Company, Howland, Ohio (TA–W–70,324C), partially separated from employment on or subject firm to be considered leased Delphi Packard Electrical/Electronic after May 2, 2010 through March 3, 2012; and workers. Architecture, a subsidiary of Delphi Indalex, Inc., City of Industry, California Based on these findings, the Corporation, including on-site leased workers (TA–W–71,670A); Indalex, Inc., Burlington, Department is amending this from Bartech, and EDS an HP Company, North Carolina (TA–W–71,670B); Indalex, certification to include workers leased Cortland, Ohio (TA–W–70,324D), who Inc., Mountain Top, Pennsylvania (TA–W– from Technical Needs, MicoTech, and became totally or partially separated from 71,670C); Indalex, Inc., Connersville, Indiana CoWorx working on site at the Nashua, employment on or after November 4, 2008, (TA–W–71,670D); Indalex, Inc., Elkhart, New Hampshire, location of Amphenol through December 8, 2011, and all workers Indiana (TA–W–71,670E); Indalex, Inc., in the group threatened with total or partial Gainesville, Georgia (TA–W–71,670F); and Printed Circuits, Inc., a subsidiary of separation from employment on date of Indalex, Inc., Kokomo, Indiana (TA–W– Amphenol Corporation. certification through two years from the date 71,670G), who became totally or partially The amended notice applicable to the of certification, are eligible to apply for separated from employment on or after July TA–W–70,981 is hereby issued as adjustment assistance under Chapter 2 of 13, 2008, through March 3, 2012, and all follows: Title II of the Trade Act of 1974, as amended. workers in the group threatened with total or All workers of Amphenol Printed Circuits, Signed in Washington, DC, this 11th day of partial separation from employment on date Inc., a subsidiary of Amphenol Corporation, May 2010. of certification through two years from the including on-site leased workers from date of certification, are eligible to apply for Michael W. Jaffe, Technical Needs, MicoTech, and CoWorx, adjustment assistance under Chapter 2 of Nashua, New Hampshire, who became totally Certifying Officer, Division of Trade Title II of the Trade Act of 1974, as amended. Adjustment Assistance. or partially separated from employment on or Signed in Washington, DC, this 12th day of after June 1, 2008, through March 5, 2012, [FR Doc. 2010–12253 Filed 5–20–10; 8:45 am] May, 2010. and all workers in the group threatened with BILLING CODE 4510–FN–P total or partial separation from employment Del Min Amy Chen, on the date of certification through two years Certifying Officer, Division of Trade from the date of certification, are eligible to DEPARTMENT OF LABOR Adjustment Assistance. apply for adjustment assistance under [FR Doc. 2010–12256 Filed 5–20–10; 8:45 am] Chapter 2 of Title II of the Trade Act of 1974, Employment and Training BILLING CODE 4510–FN–P as amended. Administration Signed in Washington, DC, this 12th day of [TA–W–71,670] May 2010. DEPARTMENT OF LABOR Del Min Amy Chen, Indalex, Inc.; Girard, OH; Amended Certifying Officer, Division of Trade Employment and Training Certification Regarding Eligibility To Adjustment Assistance. Administration Apply for Worker Adjustment [FR Doc. 2010–12288 Filed 5–20–10; 8:45 am] Assistance [TA–W–70,981] BILLING CODE 4510–FN–P In accordance with Section 223 of the Amphenol Printed Circuits, Inc., a Trade Act of 1974, as amended (‘‘Act’’), Subsidiary of Amphenol Corporation, DEPARTMENT OF LABOR 19 U.S.C. 2273, the Department of Labor Including On-Site Leased Workers issued a Certification of Eligibility to From Technical Needs, MicoTech, and Employment and Training Apply for Worker Adjustment CoWorx, Nashua, NH; Amended Administration Assistance on March 3, 2010, applicable Certification Regarding Eligibility To [TA–W–72,748] to workers of Indalex, Inc., Girard, Ohio. Apply for Worker Adjustment The notice was published in the Federal Assistance New United Motor Manufacturing, Inc., Register on April 23, 2010 (75 FR Formerly a Joint Venture of General 21361). In accordance with Section 223 of the Motors Corporation, and Toyota Motor ‘‘ ’’ At the request of the State Agency, the Trade Act of 1974, as amended ( Act ), Corporation, Including On-Site Leased Department reviewed the certification 19 U.S.C. 2273, the Department of Labor Workers From Corestaff, ABM for workers of the subject firm. The issued a Certification of Eligibility to Janitorial, and Toyota Engineering and workers are engaged in the production apply for Worker Adjustment Assistance Manufacturing North America, of aluminum extrusions, coatings, and on March 5, 2010, applicable to workers Fremont, CA; Amended Certification fabrications. at Amphenol Printed Circuits, Inc., a Regarding Eligibility To Apply for The review shows that on May 1, subsidiary of Amphenol Corporation, Worker Adjustment Assistance 2008, a certification of eligibility to Nashua, New Hampshire. The notice apply for adjustment assistance was was published in the Federal Register In accordance with Section 223 of the issued for all workers of Indalex April 23, 2010 (75 FR 21362). Trade Act of 1974, as amended (‘‘Act’’), Aluminum Solutions, Girard, Ohio, At the request of the State Agency, the 19 U.S.C. 2273, the Department of Labor separated from employment on or after Department reviewed the certification issued a Certification of Eligibility to

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apply for Worker Adjustment Assistance DEPARTMENT OF LABOR 2012, and all workers in the group threatened on November 19, 2009, applicable to with total or partial separation from workers of New United Motor Employment and Training employment on date of certification through Administration January 29, 2012, are eligible to apply for Manufacturing, Inc., formerly a joint adjustment assistance under Chapter 2 of venture of General Motors Corporation [TA–W–72,150; TA–W–72,150A] Title II of the Trade Act of 1974, as amended. and Toyota Motor Corporation, including on-site leased workers from Signed in Washington, DC, this 7th day of Dell Products LP—Parmer North May, 2010. Corestaff and ABM Janitorial, Fremont, Location, a Subsidiary of Dell, Inc., Del Min Amy Chen, California. The notice will be published Including On-Site Leased Workers in the Federal Register soon. Certifying Officer, Division of Trade From Belcan Services Group, Hawkins Adjustment Assistance. At the request of the State Agency, the Associates, Inc., Integrated Human [FR Doc. 2010–12257 Filed 5–20–10; 8:45 am] Capital, MagRabbit, Manpower and Department reviewed the certification BILLING CODE 4510–FN–P for workers of the subject firm. The Spherion Corporation; Round Rock, workers assemble the Toyota Corolla TX; Dell Products LP—Parmer North and the Toyota Tacoma and used to One; Austin, TX; Amended DEPARTMENT OF LABOR assemble the Pontiac Vibe. Certification Regarding Eligibility To The company reports that workers Apply for Worker Adjustment Employment and Training leased from Toyota Engineering and Assistance Administration Manufacturing North America were In accordance with Section 223 of the Investigations Regarding Certifications employed on-site at the Fremont, Trade Act of 1974, as amended (‘‘Act’’), of Eligibility To Apply for Worker California location of New United Motor 19 U.S.C. 2273, the Department of Labor Adjustment Assistance Manufacturing, Inc., formerly a joint issued a Certification of Eligibility to venture of General Motors Corporation. Apply for Worker Adjustment Petitions have been filed with the The Department has determined that Assistance on January 29, 2010, Secretary of Labor under Section 221(a) these workers were sufficiently under applicable to workers of the subject of the Trade Act of 1974 (‘‘the Act’’) and the control of the subject firm to be firm. The Department’s Notice of are identified in the Appendix to this considered leased workers. determination was published in the notice. Upon receipt of these petitions, Based on these findings, the Federal Register on March 5, 2010 (75 the Director of the Division of Trade Department is amending this FR 10321). The workers are engaged in Adjustment Assistance, Employment certification to include workers leased employment related to the production of and Training Administration, has from Toyota Engineering and computer equipment, such as instituted investigations pursuant to Manufacturing North America working workstations, servers, and other Section 221(a) of the Act. The purpose of each of the on-site at the Fremont, California peripheral equipment. investigations is to determine whether location of New United Motor At the request of the petitioners, the the workers are eligible to apply for Manufacturing, Inc., formerly a joint Department reviewed the certification adjustment assistance under Title II, venture of General Motors Corporation for workers of the subject firm. Chapter 2, of the Act. The investigations and Toyota Motor Corporation. The petitioner provided sufficient will further relate, as appropriate, to the information for the Department to The amended notice applicable to determination of the date on which total determine that the appropriate TA–W–72,748 is hereby issued as or partial separations began or subdivision of the subject firm covered follows: threatened to begin and the subdivision by the immediate certification included of the firm involved. All workers of New United Motor an auxiliary facility located in Austin, The petitioners or any other persons Manufacturing, Inc., formerly a joint venture Texas (Parmer North One). showing a substantial interest in the of General Motors Corporation and Toyota Based on these findings, the Motor Corporation, including on-site leased subject matter of the investigations may Department is amending this workers from Corestaff, ABM Janitorial, and request a public hearing, provided such certification to include workers at Toyota Engineering and Manufacturing North request is filed in writing with the Parmer North One who are impacted by America, Fremont, California, who became Director, Division of Trade Adjustment a shift of production of computer totally or partially separated from Assistance, at the address shown below, equipment by the subject firm to employment on or after October 29, 2008, not later than June 1, 2010. through November 19, 2011, and all workers Mexico. Interested persons are invited to in the group threatened with total or partial The amended notice applicable to submit written comments regarding the separation from employment on the date of TA–W–72,150 is hereby issued as subject matter of the investigations to certification through two years from the date follows: of certification, are eligible to apply for the Director, Division of Trade All workers of Dell Products LP, Parmer adjustment assistance under Chapter 2 of Adjustment Assistance, at the address North Location, a subsidiary of Dell, Inc., Title II of the Trade Act of 1974, as amended. shown below, not later than June 1, including on-site leased workers from Belcan 2010. Signed in Washington, DC, this 11th day of Services Group, Hawkins Associates Inc., Copies of these petitions may be May, 2010. Integrated Human Capital, MagRabbit, requested under the Freedom of Michael W. Jaffe, Manpower, and Spherion Corporation, Round Rock, Texas (TA–W–72,150) and Dell Information Act. Requests may be Certifying Officer, Division of Trade Products LP, Parmer North One, Austin, submitted by fax, courier services, or Adjustment Assistance. Texas (TA–W–72,150A), who became totally mail, to FOIA Disclosure Officer, Office [FR Doc. 2010–12258 Filed 5–20–10; 8:45 am] or partially separated from employment on or of Trade Adjustment Assistance (ETA), BILLING CODE 4510–FN–P after August 24, 2008 through January 29, U.S. Department of Labor, 200

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Constitution Avenue, NW., Washington, Signed at Washington, DC, this 13th day of DC 20210 or to [email protected]. May 2010. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. APPENDIX [TAA petitions instituted between 4/26/10 and 4/30/10]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

73988 ...... International Business Machines Corporation (State/One- Armonk, NY ...... 04/26/10 03/01/10. Stop). 73989 ...... Chrysler (Union) ...... Fenton, MO ...... 04/26/10 04/21/10. 73990 ...... Trinity North American Freight Car, Inc. (State/One-Stop) .. Fort Worth, TX ...... 04/26/10 04/23/10. 73991 ...... JBL Incorporated (Company) ...... Northridge, CA ...... 04/26/10 04/21/10. 73992 ...... BP Solar (State/One-Stop) ...... Frederick, MD ...... 04/26/10 04/23/10. 73993 ...... Springer Science and Business Media, LLC (Company) .... Norwell, MA ...... 04/26/10 04/22/10. 73994 ...... Thomson Reuters (Workers) ...... Denver, CO ...... 04/26/10 04/23/10. 73995 ...... Datamatics Global Services, Inc. (Workers) ...... Burlington, MA ...... 04/26/10 04/16/10. 73996 ...... General Electric Company (Company) ...... Owensboro, KY ...... 04/27/10 04/23/10. 73997 ...... Citicorp Credit Services, Inc. (State/One-Stop) ...... St. Louis, MO ...... 04/27/10 04/21/10. 73998 ...... Dupont Performance Coatings (Company) ...... Mt. Clemens, MI ...... 04/27/10 04/12/10. 73999 ...... Webb Furniture Enterprises, Inc. (Company) ...... Galax, VA ...... 04/27/10 04/23/10. 74000 ...... International Business Machines (State/One-Stop) ...... Endicott, NY ...... 04/27/10 10/07/09. 74001 ...... Connections, Inc. (Workers) ...... Concord, NC ...... 04/27/10 04/20/10. 74002 ...... New Era Cap Company (State/One-Stop) ...... Mobile, AL ...... 04/27/10 04/19/10. 74003 ...... VF Jeanswear Limited Partnership (Company) ...... Greensboro, NC ...... 04/27/10 04/22/10. 74004 ...... Dixie Belle Textiles, Inc. (Company) ...... Elkin, NC ...... 04/27/10 04/20/10. 74005 ...... Pentair (Workers) ...... Rockford, IL ...... 04/28/10 04/15/10. 74006 ...... CIGNA (Workers) ...... Fort Scott, KS ...... 04/28/10 04/26/10. 74007 ...... SyChip, Inc. (Company) ...... Berkeley Heights, NJ ...... 04/28/10 04/23/10. 74008 ...... Cooper, Crause-Hinds MTL, Inc. (State/One-Stop) ...... West Melbourne, FL ...... 04/28/10 04/20/10. 74009 ...... Akzo Nobel (Union) ...... Brecksville, OH ...... 04/28/10 04/22/10. 74010 ...... General Electric Control Products (Company) ...... Morrison, IL ...... 04/28/10 04/26/10. 74011 ...... Kennametal, Inc. (Workers) ...... Bedford, PA ...... 04/28/10 04/27/10. 74012 ...... GM Powertrain Defiance Foundry (State/One-Stop) ...... Defiance, OH ...... 04/29/10 04/14/10. 74013 ...... WellPoint, Inc. (Company) ...... Denver, CO ...... 04/29/10 04/27/10. 74014 ...... 763 Fashion, Inc. (Workers) ...... New York, NY ...... 04/29/10 04/19/10. 74015 ...... Hutchins and Perreault, Inc. (Company) ...... East Barre, VT ...... 04/29/10 04/27/10. 74016 ...... Mid-Park Metals (SST) (Workers) ...... Leitchfield, KY ...... 04/29/10 04/22/10. 74017 ...... Asten Johnson (Company) ...... Jonesboro, GA ...... 04/29/10 04/21/10. 74018 ...... Paramount Multi-Services, LLC (Company) ...... Dallas, TX ...... 04/29/10 04/28/10. 74019 ...... Choicepoint (Workers) ...... Brea, CA ...... 04/29/10 04/26/10. 74020 ...... The Electric Materials Company (Workers) ...... North East, PA ...... 04/29/10 04/12/10. 74021 ...... Diagnostic Staffing Services (Company) ...... Pittsburgh, PA ...... 04/29/10 04/27/10. 74022 ...... WestPoint Home, Inc. (Company) ...... West Point, GA ...... 04/29/10 04/27/10. 74023 ...... WestPoint Home (Company) ...... Clemson, SC ...... 04/29/10 04/27/10. 74024 ...... Hewlett-Packard Company (State/One-Stop) ...... Stone Mountain, GA ...... 04/29/10 04/28/10. 74025 ...... Babcock Lumber Company (Workers) ...... St. Marys, PA ...... 04/29/10 04/23/10. 74026 ...... Form Tech Fraser (State/One-Stop) ...... Fraser, MI ...... 04/30/10 04/08/10. 74027 ...... UPS Supply Chain Solutions (Workers) ...... Dunmore, PA ...... 04/30/10 04/21/10. 74028 ...... Imhauser Corporation (Company) ...... Romney, WV ...... 04/30/10 04/28/10. 74029 ...... Mohican Juvenile Correctional (Workers) ...... Perrysville, OH ...... 04/30/10 04/29/10. 74030 ...... Daveco Hydraulics and Welding (Company) ...... Eureka, CA ...... 04/30/10 04/02/10.

[FR Doc. 2010–12250 Filed 5–20–10; 8:45 am] of the Trade Act of 1974 (‘‘the Act’’) and or partial separations began or BILLING CODE 4510–FN–P are identified in the Appendix to this threatened to begin and the subdivision notice. Upon receipt of these petitions, of the firm involved. the Director of the Division of Trade The petitioners or any other persons DEPARTMENT OF LABOR Adjustment Assistance, Employment showing a substantial interest in the and Training Administration, has subject matter of the investigations may Employment and Training instituted investigations pursuant to request a public hearing, provided such Administration Section 221(a) of the Act. request is filed in writing with the The purpose of each of the Director, Division of Trade Adjustment Investigations Regarding Certifications investigations is to determine whether Assistance, at the address shown below, of Eligibility To Apply for Worker the workers are eligible to apply for not later than June 1, 2010. Adjustment Assistance adjustment assistance under Title II, Interested persons are invited to Chapter 2, of the Act. The investigations submit written comments regarding the Petitions have been filed with the will further relate, as appropriate, to the subject matter of the investigations to Secretary of Labor under Section 221(a) determination of the date on which total the Director, Division of Trade

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Adjustment Assistance, at the address submitted by fax, courier services, or Signed at Washington, DC, this 13th day of shown below, not later than June 1, mail, to FOIA Disclosure Officer, Office May 2010. 2010. of Trade Adjustment Assistance (ETA), Richard Church, Copies of these petitions may be U.S. Department of Labor, 200 Certifying Officer, Division of Trade requested under the Freedom of Constitution Avenue, NW., Washington, Adjustment Assistance. Information Act. Requests may be DC 20210 or to [email protected].

APPENDIX [TAA petitions instituted between 5/3/10 and 5/7/10]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

74031 ...... Moore Flame Cutting Company (Workers) ...... Sterling Heights, MI ...... 05/03/10 04/30/10 74032 ...... Biolab (Workers) ...... Ashley, IN ...... 05/03/10 04/30/10 74033 ...... SuperMedia, Inc. (State/One-Stop) ...... St. Petersburg, FL ...... 05/03/10 05/02/10 74034 ...... MMG Corporation (Union) ...... St. Louis, MO ...... 05/04/10 04/26/10 74035 ...... OSRAM Sylvania (Union) ...... Warren, PA ...... 05/04/10 05/03/10 74036 ...... Manpower (Company) ...... Poughkeepsie, NY ...... 05/04/10 04/30/10 74037 ...... Electronic Technical Services, Inc. (Company) ...... Albuquerque, NM ...... 05/04/10 04/20/10 74038 ...... EJ Brooks Company (Workers) ...... Phillipsburg, NJ ...... 05/04/10 04/30/10 74039 ...... BOC Design (Workers) ...... Berwick, PA ...... 05/04/10 04/30/10 74040 ...... Cemex Cement Company (Union) ...... Wampum, PA ...... 05/04/10 04/24/10 74041 ...... Crane Aerospace and Electronics (State/One-Stop) ...... Lynnwood, WA ...... 05/05/10 05/04/10 74042 ...... Filtran, LLC (Workers) ...... Lugoff, SC ...... 05/05/10 04/27/10 74043 ...... American Superconductor (Workers) ...... West Mifflin, PA ...... 05/05/10 05/03/10 74044 ...... Simport Corporation (Company) ...... Fairfax, VT ...... 05/05/10 04/15/10 74045 ...... Buell Motorcycle Company (Workers) ...... East Troy, WI ...... 05/05/10 05/03/10 74046 ...... Celestica (Workers) ...... San Jose, CA ...... 05/05/10 04/26/10 74047 ...... Stever-Lock Industries (Company) ...... Honeoye Falls, NY ...... 05/05/10 05/04/10 74048 ...... Cedar Creek Corporation (Company) ...... High Point, NC ...... 05/05/10 05/04/10 74049 ...... Trans States Airlines (Company) ...... Bridgeton, MO ...... 05/05/10 04/30/10 74050 ...... Giddings and Lewis Machine Tools, LLC (Company) ...... Fond du Lac, WI ...... 05/06/10 04/28/10 74051 ...... Bowne and Company, Inc. (State/One-Stop) ...... Piscataway, NJ ...... 05/06/10 05/05/10 74052 ...... Green Design Furniture Company (Company) ...... Portland, ME ...... 05/06/10 05/05/10 74053 ...... Faurecia Emissions Control Technologies (Company) ...... Lordstown, OH ...... 05/07/10 05/07/10 74054 ...... Dell/Perot Systems (Workers) ...... Rome, GA ...... 05/07/10 05/05/10 74055 ...... Harman International (Workers) ...... Novi, MI ...... 05/07/10 05/05/10 74056 ...... K and C (Workers) ...... San Francisco, CA ...... 05/07/10 04/27/10 74057 ...... Specialty Minerals, Inc. (Workers) ...... Franklin, VA ...... 05/07/10 05/06/10 74058 ...... Pentel of America, Ltd (State/One-Stop) ...... Torrance, CA ...... 05/07/10 05/06/10 74059 ...... Freescale Semiconductors (State/One-Stop) ...... Woburn, MA ...... 05/07/10 04/16/10 74060 ...... Hussmann (Union) ...... Bridgeton, MO ...... 05/07/10 04/05/10 74061 ...... Plastic Omnium Auto Exteriors, LLC (State/One-Stop) ...... Troy, MI ...... 05/07/10 04/15/10

[FR Doc. 2010–12251 Filed 5–20–10; 8:45 am] DATES: NACOSH meeting: NACOSH will electronically at http:// BILLING CODE 4510–FN–P meet from 8 a.m. to 4:30 p.m., Tuesday, www.regulations.gov, the Federal June 8, 2010. eRulemaking Portal. Follow the online Submission of comments, requests to instructions for making submissions. DEPARTMENT OF LABOR speak, and requests for special Facsimile: If your submission, accommodation: Comments, requests to including attachments, does not exceed Occupational Safety and Health speak at the NACOSH meeting, and 10 pages, you may fax it to the OSHA Administration requests for special accommodations for Docket Office at (202) 693–1648. the NACOSH meeting must be Mail, express delivery, messenger or [Docket No. OSHA–2010–0012] submitted (postmarked, sent, courier service: Submit three copies of transmitted) by May 28, 2010. National Advisory Committee on your submissions to the OSHA Docket Occupational Safety and Health ADDRESSES: NACOSH meeting: Office, Room N–2625, U.S. Department (NACOSH) NACOSH will meet in Room N–N3437 of Labor, 200 Constitution Avenue, A/B/C, U.S. Department of Labor, 200 NW., Washington, DC 20210, telephone AGENCY: Occupational Safety and Health Constitution Avenue, NW., Washington, (202) 693–2350 (TTY (887) 889–5627). Administration (OSHA), Labor. DC 20210. Deliveries (hand, express mail, ACTION: Announcement of meeting of Submission of comments and requests messenger, courier service) are accepted the National Advisory Committee on to speak: You may submit comments during the Department of Labor’s and Occupational Safety and Health and requests to speak at the NACOSH OSHA Docket Office’s normal business (NACOSH). meeting, identified by docket number hours, 8:15 a.m. to 4:45 p.m. e.t. for this Federal Register notice (Docket Requests for special accommodation: SUMMARY: The National Advisory No. OSHA–2010–0012), by one of the Submit requests for special Committee on Occupational Safety and following methods: accommodations for the NACOSH Health (NACOSH) will meet June 8, Electronically: You may submit meeting by hard copy, telephone, or e- 2010, in Washington, DC. materials, including attachments, mail to Ms. Veneta Chatmon, OSHA,

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Office of Communications, Room N– NACOSH is a continuing advisory body documents electronically. If, instead, 3647, U.S. Department of Labor, 200 and operates in compliance with you wish to submit hard copies of Constitution Avenue, NW., Washington, provisions in the OSH Act, the Federal supplementary documents, you must DC 20210; telephone (202) 693–1999; e- Advisory Committee Act (5 U.S.C. submit three copies to the OSHA Docket mail [email protected]. App.), and regulations issued pursuant Office using the instructions in the Instructions: All submissions must to those laws (29 CFR 1912a, 41 CFR ADDRESSES section above. The include the Agency name and docket part 102–3). additional materials must clearly number for this Federal Register notice The tentative agenda of the NACOSH identify your electronic submission by (Docket No. OSHA–2010–0012). meeting will include updates and name, date and docket number. Because of security-related procedures, discussions on the following topics: submission by regular mail may result • Remarks from the Assistant Because of security-related in significant delay in their receipt. Secretary of Labor for Occupational procedures, the use of regular mail may Please contact the OSHA Docket Office Safety and Health (OSHA); cause a significant delay in the receipt for information about security • Remarks from the Director of the of submissions. For information about procedures for making submissions by National Institute for Occupational security procedures concerning hand delivery, express delivery, Safety and Health; submissions by hand, express delivery, messenger or courier service. For • OSHA enforcement initiatives; messenger or courier service, please additional information about submitting • OSHA regulatory projects; contact the OSHA Docket Office. • comments and requests to speak, see the Emerging workplace hazards; • Enhancing workers’ voice in the Meeting transcripts and minutes as SUPPLEMENTARY INFORMATION section of well as comments and requests to speak this notice. workplace; • at the NACOSH meeting are included in Comments and requests to speak, OSHA’s Transparency and Open the public record of the NACOSH including personal information Government efforts; and • meeting (Docket No. OSHA–2010– provided, will be placed in the public Committee administration, 0012). Comments and requests to speak docket and may be available online. including establishing work groups. Therefore, OSHA cautions interested NACOSH meetings are transcribed are posted without change at http:// parties about submitting personal and detailed minutes of the meetings are www.regulations.gov. Therefore, OSHA information such as social security prepared. Meeting transcripts and cautions interested parties about numbers and birthdates. minutes are included in the public submitting personal information such as Docket: To read or download record of this NACOSH meeting (Docket social security numbers and birthdates. documents in the public docket for this No. OSHA 2010–0012). Although all submissions are listed in NACOSH meeting, go to http:// Public Participation the http://www.regulations.gov index, www.regulations.gov. All documents in some documents (e.g., copyrighted the public docket are listed in the index; Interested parties may submit a materials) are not publicly available to however, some documents (e.g., request to make an oral presentation to read or download through that webpage. NACOSH by any one of the methods copyrighted material) are not publicly All submissions, including copyrighted listed in the ADDRESSES section above. available to read or download through material, are available for inspection The request must state the amount of http://www.regulations.gov. All and copying at the OSHA Docket Office. time requested to speak, the interest submissions, including copyrighted For information on using http:// material, are available for inspection represented (e.g., organization name), if www.regulations.gov to make and copying at the OSHA Docket Office any and a brief outline of the submissions and to access the docket, at the address above. presentation. Requests to address NACOSH may be granted as time click on the ‘‘Help’’ tab at the top of the FOR FURTHER INFORMATION CONTACT: For permits and at the discretion of the Home page. Contact the OSHA Docket press inquiries: Ms. Jennifer Ashley, NACOSH chair. Office for information about materials OSHA, Office of Communications, U.S. Interested parties also may submit not available through that webpage and Department of Labor, Room N–3647, comments, including data and other 200 Constitution Avenue, NW., for assistance in using the Internet to information using any one of the locate submissions and other documents Washington, DC 20210; telephone (202) methods listed in the ADDRESSES section 693–1999. in the docket. Electronic copies of this above. OSHA will provide all Federal Register notice are available at For general information: Ms. Deborah submissions to NACOSH members prior Crawford, OSHA, Directorate of http://www.regulations.gov. This notice, to the meeting. as well as news releases and other Evaluation and Analysis, U.S. Individuals who need special relevant information, is also available Department of Labor, Room N–3641, accommodations to attend the NACOSH on the OSHA webpage at http:// 200 Constitution Avenue, NW., meeting should contact Ms. Chatmon by www.osha.gov. Washington, DC 20210; telephone: (202) any one of the methods listed in the 693–1932; e-mail ADDRESSES section. Authority and Signature [email protected]. Submissions and Access to Meeting SUPPLEMENTARY INFORMATION: David Michaels, PhD, MPH, Assistant NACOSH will meet Tuesday, June 8, Record Secretary of Labor for Occupational 2010, in Washington, DC. NACOSH You may submit comments and Safety and Health, directed the meetings are open to the public. requests to speak (1) electronically, (2) preparation of this notice under the NACOSH is authorized by section 7(a) by facsimile, or (3) by hard copy. All authority granted by section 7 of the of the Occupational Safety and Health submissions, including attachments and Occupational Safety and Health Act of Act of 1970 (OSH Act) (29 U.S.C. 651, other materials, must identify the 1970 (U.S.C. 656), 29 CFR 1912a, and 656) to advise the Secretary of Labor Agency name and the docket number for Secretary of Labor’s Order No. 5–2007 and the Secretary of Health and Human this notice (Docket No. OSHA–2010– (71 FR 31160). Services on matters relating to the 0012). You also may supplement administration of the OSH Act. electronic submissions by uploading

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Signed at Washington, DC, on May 17, same part of the country) are eligible to Health invites interested persons to 2010. apply for TAA, specifically Welco, LLC, submit nominations for membership on David Michaels, Naples, Idaho (TA–W–72,655, certified NACOSH. Assistant Secretary of Labor for Occupational on January 25, 2010). DATES: Nominations for NACOSH must Safety and Health. The basis for certification of TA–W– be submitted (postmarked, sent or [FR Doc. 2010–12172 Filed 5–20–10; 8:45 am] 72,655 was increased imports by the received) by July 20, 2010. major declining customers of Welco, BILLING CODE 4510–26–P ADDRESSES: You may submit LLC. The increase in imports was nominations for NACOSH, identified by revealed by a customer survey OSHA Docket No. OSHA–2010–0012, DEPARTMENT OF LABOR conducted by the Department. by any of the following methods: In the case at hand, however, the Electronically: You may submit Employment and Training survey of the major declining customers nominations, including attachments, Administration of the subject firm regarding their electronically at http:// purchases of veneer and lumber boards [TA–W–70,601] www.regulations.gov, which is the revealed no increase imports nor any Federal eRulemaking Portal. Follow the increased reliance on imports on the Ceda-Pine Veneer, Inc., a Subsidiary of instructions on-line for submitting part of the subject firm’s customers Excaliber, Inc., Sandpoint, ID; Notice of nominations. Negative Determination Regarding during the relevant time period. Facsimile: If your nomination, The petitioner did not supply facts Application for Reconsideration including attachments, does not exceed not previously considered, nor provide 10 pages, you may fax it to the OSHA By application dated March 10, 2010, additional documentation indicating Docket Office at (202) 693–1648. a company official requested that there was either (1) a mistake in the Mail, express delivery, hand delivery, administrative reconsideration of the determination of facts not previously messenger or courier service: Submit Department’s negative determination considered or (2) a misinterpretation of three copies of your nominations to the regarding eligibility to apply for Trade facts or of the law justifying OSHA Docket Office, Room N–2625, Adjustment Assistance (TAA), reconsideration of the initial U.S. Department of Labor, 200 applicable to workers and former determination. workers of the subject firm. The After careful review of the request for Constitution Avenue, NW., Washington, negative determination was signed on reconsideration, the Department DC 20210; telephone (202) 693–2350 December 17, 2009. The Department’s determines that 29 CFR 90.18(c) has not (OSHA’s TTY number is (877) 889– Notice of negative determination was been met. 5627). Deliveries (hand, express mail, published in the Federal Register on messenger, and courier service) are February 16, 2010 (75 FR 7034). Conclusion accepted during the Department of Pursuant to 29 CFR 90.18(c,) After review of the application and Labor’s and Docket Office’s normal reconsideration may be granted under investigative findings, I conclude that business hours, 8:15 a.m. to 4:45 p.m., the following circumstances: there has been no error or e.t. (1) If it appears on the basis of facts misinterpretation of the law or of the Instructions: All nominations for not previously considered that the facts which would justify NACOSH must include the Agency determination complained of was reconsideration of the Department of name and docket number for this erroneous; Labor’s prior decision. Accordingly, the Federal Register notice (Docket No. (2) If it appears that the determination application is denied. OSHA–2010–0012). All submissions in complained of was based on a mistake response to this Federal Register notice, Signed in Washington, DC, this 12th day of including personal information in the determination of facts not May, 2010. previously considered; or provided, will be posted without change Del Min Amy Chen, (3) If in the opinion of the Certifying at http://www.regulations.gov. Because Officer, a misinterpretation of facts or of Certifying Officer, Division of Trade of security-related procedures, Adjustment Assistance. the law justified reconsideration of the submitting nominations by regular mail decision. [FR Doc. 2010–12254 Filed 5–20–10; 8:45 am] may result in a significant delay in their The negative determination of the BILLING CODE 4510–FN–P receipt. Please contact the OSHA Docket TAA petition filed on behalf of workers Office, at the address above, for at Ceda-Pine Veneer, Inc., Sandpoint, information about security procedures DEPARTMENT OF LABOR Idaho, was based on the finding that for submitting nominations by hand there was no increase of imports by the Occupational Safety and Health delivery, express delivery, messenger or workers’ firm or its customer and no Administration courier service. For additional shift/acquisition by the workers’ firm; information on submitting nominations, nor did the workers produce an article [Docket No. OSHA–2010–0012] see the SUPPLEMENTARY INFORMATION or supply a service that was used by a section below. firm with TAA-certified workers in the National Advisory Committee on Docket: To read or download production of an article or supply of a Occupational Safety and Health submissions, go to http:// service that was the basis for TAA- (NACOSH) www.regulations.gov. All documents in certification. AGENCY: Occupational Safety and Health the docket are listed in the http:// In the request for reconsideration, the Administration (OSHA), Labor. www.regulations.gov index. Although petitioner stated that the workers should ACTION: Request for nominations to listed in the index, some information be eligible to apply for TAA because of serve on the National Advisory (e.g., copyrighted material) is not the importation from Canada of boards Committee on Occupational Safety and publicly available to read or download whose production is subsidized by the Health (NACOSH). through http://www.regulations.gov. All Canadian government and that submissions, including copyrighted similarly-situated workers (workers at SUMMARY: The Assistant Secretary of material, are available for inspection mills producing similar products in the Labor for Occupational Safety and and copying at the OSHA Docket Office.

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FOR FURTHER INFORMATION CONTACT: Ms. represents the same interest as the identify the Agency name and docket Deborah Crawford, OSHA, Directorate of predecessor. NACOSH members may be number for this Federal Register notice Evaluation and Analysis, Room N–3641, appointed to successive terms. The (OSHA Docket No. OSHA–2010–0012). U.S. Department of Labor, 200 committee meets at least two times a You may supplement electronic Constitution Avenue, NW., Washington, year (29 CFR 1912a.4). nominations by uploading document DC 20210; telephone (202) 693–1932; Any interested person or organization files electronically. If, instead, you wish fax (202) 693–1641; e-mail address may nominate one or more qualified to mail additional materials in reference [email protected]. persons for membership. Nominations to an electronic or fax submission, you must include the following information: must submit three copies to the OSHA SUPPLEMENTARY INFORMATION: • The nominee’s contact information Docket Office (see ADDRESSES section). Background and current occupation or position; The additional materials must clearly • The nominee’s resume or The Assistant Secretary of Labor for identify your electronic nomination by curriculum vitae, including prior Occupational Safety and Health invites name, date, and docket number so membership on NACOSH or other interested individuals to submit OSHA can attach them to your OSHA advisory committees or other nominations for membership on nomination. relevant organizations, associations, and Because of security-related NACOSH. committees; procedures, the use of regular mail may NACOSH is authorized by section 7(a) • The categories of membership cause a significant delay in the receipt of the Occupational Safety and Health (employer, employee, public, safety of nominations. For information about Act of 1970 (OSH Act) (29 U.S.C. 656) professional, health professional) that security procedures concerning the to advise the Secretary of Labor and the the candidate is qualified to represent; delivery of materials by hand, express Secretary of Health and Human Services • A summary of the background, delivery, messenger or courier service, on matters relating to the administration experience, and qualifications that please contact the OSHA Docket Office. of the OSH Act. NACOSH is a demonstrates the nominee’s suitability All submissions in response to this continuing advisory body and operates for each of the nominated membership Federal Register notice are posted in compliance with provisions in the categories; without change at http:// OSH Act, the Federal Advisory • Articles or other documents the www.regulations.gov. Therefore, OSHA Committee Act (5 U.S.C. App.), and nominees has authorized that indicate cautions interested parties about regulations issued pursuant to those the nominee’s knowledge, experience, submitting personal information such as laws (29 CFR 1912a, 41 CFR part 102– and experience in occupational safety social security numbers and birthdates. 3). and health; and Although all submissions are listed in NACOSH Membership • A statement that the nominee is the http://www.regulations.gov index, aware of the nomination, is willing to some information (e.g., copyrighted NACOSH is comprised of 12 regularly attend and participate in material) is not publicly available to members, all of whom the Secretary of NACOSH meetings for a two-year term, read or download through http:// Labor appoints. Nominations will be and has no conflicts of interest that www.regulations.gov. All submissions, accepted for five positions (29 CFR would preclude membership on including copyrighted material, are 1912a.2). The composition of the NACOSH. available for inspection and copying at committee and categories of new the OSHA Docket Office. members to be appointed are as follows: Membership Selection Guidance on submitting nominations • Four public representatives—Two NACOSH members will be selected and materials and accessing will be appointed; upon the basis of their experience and submissions in response to this Federal • Two management representatives— competence in the field of occupational Register notice is available at http:// One will be appointed; safety and health (29 CFR 1912a.2). The www.regulations.gov and from the • Two labor representatives; information received through this OSHA Docket Office. Contact the OSHA • Two occupational safety nomination process, in addition to other Docket Office for information about professional representatives—One will relevant sources of information, will materials not available through http:// be appointed; and, assist the Secretary of Labor in www.regulations.gov and for assistance • Two occupational health appointing members to serve on in submitting nominations and using professional representatives—One will NACOSH. In selecting NACOSH the internet to locate docket be appointed. members, the Secretary of Labor will submissions. Pursuant to 29 CFR 1912a.2, the consider individuals nominated in Electronic copies of this Federal Secretary of Health and Human Services response to this Federal Register notice, Register document are available at (HHS) designates one of the public as well as other qualified individuals. http://www.regulations.gov. This representatives and the representative The U.S. Department of Labor is document, as well as news releases and from the occupational health committed to bringing greater diversity other relevant information, also are professions for appointment by the of thought, perspective and experience available at OSHA’s Webpage at http:// Secretary of Labor. OSHA will provide to its advisory committees. Nominees www.osha.gov. to HHS all nominations and supporting from all races, gender, age and Authority and Signature materials for those membership disabilities are encouraged to apply. categories. David Michaels, PhD, MPH, Assistant NACOSH members serve staggered Public Participation—Submission of Secretary of Labor for Occupational two-year terms, unless they become Nominations and Access to Docket Safety and Health, directed the unable to serve, resign, cease to be You may submit nominations (1) preparation of this notice under the qualified to serve or is removed by the Electronically at http:// authority granted by section 7 of the Secretary of Labor. If a vacancy occurs www.regulations.gov, the Federal Occupational Safety and Health Act of before a term expires, the Secretary may eRulemaking Portal; (2) by facsimile 1970 (29 U.S.C. 656), 29 CFR 1912a, and appoint for the remainder of the (fax); or (3) by hard copy. All comments, Secretary of Labor’s Order No. 5–2007 unexpired term a new member who attachments and other material must (71 FR 31160).

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Signed at Washington, DC, on May 17, NASA Case No.: LAR–17856–1: National Aeronautics and Space 2010. Flexible Thin Metal Film Thermal Administration, have been filed in the David Michaels, Sensing System. United States Patent and Trademark Assistant Secretary of Labor for Occupational Dated: May 17, 2010. Office, and are available for licensing. Safety and Health. Richard W. Sherman, DATES: May 21, 2010. [FR Doc. 2010–12175 Filed 5–20–10; 8:45 am] Deputy General Counsel. FOR FURTHER INFORMATION CONTACT BILLING CODE 4510–26–P : [FR Doc. 2010–12178 Filed 5–20–10; 8:45 am] Mark W. Homer, Patent Counsel, NASA BILLING CODE 7510–13–P Management Office—JPL, 4800 Oak Grove Drive, Mail Stop 180–200, NATIONAL AERONAUTICS AND Pasadena, CA 91109; telephone (818) SPACE ADMINISTRATION NATIONAL AERONAUTICS AND 354–7770. SPACE ADMINISTRATION NASA Case No.: NPO–46938–1: 201HG+ [Notice (10–059)] [Notice (10–054)] CO-Magnetometer for 199HG+ Government-Owned Inventions, Trapped Ion Space Atomic Clocks. Government-Owned Inventions, Available for Licensing NASA Case No.: NPO–41506–2: Available for Licensing Biomarker Sensors and Method for AGENCY: National Aeronautics and AGENCY: National Aeronautics and Multi-Color Imaging and Processing of Space Administration. Space Administration. Single-Molecule Life Signatures. ACTION: Notice of availability of ACTION: Notice of Availability of NASA Case No.: DRC–009–008: inventions for licensing. Inventions for Licensing. Improved Automatic Aircraft Collision Avoidance System and SUMMARY: Patent applications on the SUMMARY: Patent applications on the Method. inventions listed below assigned to the inventions listed below assigned to the Dated: May 17, 2010. National Aeronautics and Space National Aeronautics and Space Administration, have been filed in the Administration, have been filed in the Richard W. Sherman, United States Patent and Trademark United States Patent and Trademark Deputy General Counsel. Office, and are available for licensing. Office, and are available for licensing. [FR Doc. 2010–12180 Filed 5–20–10; 8:45 am] DATES: May 21, 2010. DATES: May 21, 2010. BILLING CODE 7510–13–P FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Robin W. Edwards, Patent Counsel, James J. McGroary, Patent Counsel, Langley Research Center, Mail Code NATIONAL AERONAUTICS AND Marshall Space Flight Center, Mail Code SPACE ADMINISTRATION 141, Hampton, VA 23681–2199; LS01, Huntsville, AL 35812; telephone telephone (757) 864–3230; fax (757) (256) 544–0013; fax (256) 544–0258. 864–9190. NASA Case No. MFS–32099–1: [Notice (10–056)] NASA Case No.: LAR–16308–2: Composite Pressure Vessel Including Government-Owned Inventions, Catalyst for Decomposition of Nitrogen Crack Arresting Barrier. Oxides. NASA Case No. MFS–32605–1–CIP: Available for Licensing NASA Case No.: LAR–17245–1: Use of Neutron Guides and Methods of AGENCY: National Aeronautics and Beam Deflection to Control an Electron Fabrication. Space Administration. Beam Wire. NASA Case No. MFS–32612–1: Safety NASA Case No.: LAR–17286–1: System for Controlling Fluid Flow ACTION: Notice of Availability of Miniature, Low-Power X–Ray Tube into a Suction Line. Inventions for Licensing. Using a Microchannel Electron NASA Case No.: MFS–32697–1: Friction Generator Electron Source. Modifier Using Adherent Metallic SUMMARY: Patent applications on the NASA Case No.: LAR–17413–2: Multilayered or Mixed Element Layer inventions listed below assigned to the Nanoparticle-Containing Thermoplastic Conversion Coatings. National Aeronautics and Space Administration, have been filed in the Composites and Methods of Preparing Dated: May 17, 2010. Same. United States Patent and Trademark Richard W. Sherman, Office, and are available for licensing. NASA Case No.: LAR–17514–1: Deputy General Counsel. Aircraft Configured for Flight in an DATES: [FR Doc. 2010–12166 Filed 5–20–10; 8:45 am] May 21, 2010. Atmosphere Having Low Density. FOR FURTHER INFORMATION CONTACT: NASA Case No.: LAR–17709–1: BILLING CODE 7510–13–P Bryan A. Geurts, Patent Counsel, Controlling Second Harmonic Efficiency Goddard Space Flight Center, Mail Code of Laser Beam Interactions. NATIONAL AERONAUTICS AND 140.1, Greenbelt, MD 20771–0001; NASA Case No.: LAR–17723–1: SPACE ADMINISTRATION telephone (301) 286–7351; fax (301) Device and Method for Healing 286–9502. Wounds. [Notice (10–057)] NASA Case No.: LAR–17724–1: NASA Case No. GSC–14968–2: Swarm Structural Health Monitoring System/ Government-Owned Inventions, Autonomic Agents with Self-Destruct Method Using Electroactive Polymer Available for Licensing Capability. Fibers. AGENCY: National Aeronautics and NASA Case No. GSC–15464–1: NASA Case No.: LAR–17738–1: Space Administration. Optical Wave-Front Recovery for Active and Adaptive Imaging Control. Strain-Detecting Composite Materials. ACTION: Notice of availability of NASA Case No.: LAR–17766–1: inventions for licensing. NASA Case No. GSC–15732–1: Wind Closed-Loop Process Control for and Temperature Spectrometer with Electron Beam Freeform Fabrication and SUMMARY: Patent applications on the Crossed Small-Deflection Energy Deposition Processes. inventions listed below assigned to the Analyzer.

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Dated: May 17, 2010. filed in the United States Patent and specifically identified in the VEGP ESP Richard W. Sherman, Trademark office, and are available for SSAR. Deputy General Counsel. licensing. NRC has prepared an Environmental [FR Doc. 2010–12161 Filed 5–20–10; 8:45 am] DATES: May 21, 2010. Assessment (EA) in support of this amendment in accordance with the BILLING CODE 7510–13–P FOR FURTHER INFORMATION CONTACT: requirements of 10 CFR Part 51. Based Edward K. Fein, Patent Counsel, on the EA, the NRC has concluded that Johnson Space Center, Mail Code AL, a Finding of No Significant Impact NATIONAL AERONAUTICS AND 2101 NASA Parkway, Houston, TX SPACE ADMINISTRATION (FONSI) is appropriate. The amendment 77058, (281) 483–4871; (281) 483–6936 will be issued following the publication [Notice (10–055)] [Facsimile]. of this Notice. NASA Case No. MSC–24490–1: High Government-Owned Inventions, Altitude Hydration System. II. EA Summary Available for Licensing Dated: May 17, 2010. The purpose of the proposed AGENCY: National Aeronautics and Richard W. Sherman, amendment is to authorize a change to Space Administration. Deputy General Counsel. the early site permit issued to SNC for the Vogtle Electric Generating Plant ESP ACTION: Notice of Availability of [FR Doc. 2010–12179 Filed 5–20–10; 8:45 am] site located in Burke County, Georgia. Inventions for Licensing. BILLING CODE 7510–13–P Specifically, the proposed amendment SUMMARY: Patent applications on the would modify the Vogtle Electric inventions listed below assigned to the Generating Plant ESP site safety analysis National Aeronautics and Space NUCLEAR REGULATORY report (SSAR) to allow the use of Administration, have been filed in the COMMISSION Category 1 and 2 backfill obtained from United States Patent and Trademark onsite borrow areas that were not Office, and are available for licensing. [Docket No. 52–011; NRC–2008–0252] specifically identified in the VEGP ESP DATES: May 21, 2010. SSAR. On April 20, 2010, as Southern Nuclear Operating Company; supplemented on April 23 and 28, and FOR FURTHER INFORMATION CONTACT: Notice of Availability of Environmental May 5, 10, and 13, 2010, SNC requested Robert M. Padilla, Patent Counsel, Ames Assessment and Finding of No that NRC approve the proposed Research Center, Code 202A–4, Moffett Significant Impact for License amendment. By letter dated May 13, Field, CA 94035–1000; telephone (650) Amendment to Early Site Permit Issued 2010, the applicant requested that the 604–5104; fax (650) 604–2767. to Southern Nuclear Operating NRC consider issuing a limited scope NASA Case No. ARC–14653–1: Air Company et al., for Vogtle Electric approval (LSA) of a subset of the Traffic Management Evaluation Tool Generating Plant ESP Site Located in requested onsite borrow locations (FACET). Burke County, GA pending the NRC determination on the NASA Case No. ARC–16320–1: remainder of the borrow sources Model-Based Prognostics for Batteries. AGENCY: Nuclear Regulatory Commission. identified in the license amendment NASA Case No. ARC–16342–1: request (LAR). The LSA request ACTION: Advanced Sensor Technology for Algai Notice of availability. proposed NRC approval of SNC’s use of Biotechnology (ASTAB). borrow material from certain onsite FOR FURTHER INFORMATION CONTACT: NASA Case No. ARC–16370–1: A locations where impacts from site Truss Beam Having Convex-Curved Chandu Patel, Project Manager, AP1000 preparation activities were already Rods, Shear Web Panels, and Self- Branch 1, Division of New Reactors anticipated and previously evaluated in Aligning Adapters. Licensing, Office of New Reactors, U.S. NUREG–1872, ‘‘Final Environmental NASA Case No. ARC–16407–1: Nuclear Regulatory Commission, Impact Statement for an Early Site Content Analysis to Detect High Stress Washington, DC 20555–0001. Permit (ESP) at the Vogtle Electric in Oral Interviews and Text Documents. Telephone: (301) 415–3025; fax number: Generating Plant Site.’’ SNC’s request for Dated: May 17, 2010. (301) 415–6350; e-mail: the proposed change was previously [email protected]. Richard W. Sherman, noticed in the Federal Register on May Deputy General Counsel. SUPPLEMENTARY INFORMATION: 6, 2010 (75 FR 24993), with a notice of [FR Doc. 2010–12163 Filed 5–20–10; 8:45 am] an opportunity to request a hearing. I. Introduction The staff has prepared the EA in BILLING CODE 7510–13–P The Nuclear Regulatory Commission support of its review of the proposed (NRC) is considering issuance of an license amendment. Because the LSA NATIONAL AERONAUTICS AND amendment to Early Site Permit (ESP) requests separate approval of a subset of SPACE ADMINISTRATION No. ESP–004, issued to Southern the locations described by the LAR, this Nuclear Operating Company (SNC) and EA separately evaluates the activities [Notice (10–058)] several co-applicants (Georgia Power associated with acquiring additional Company, Oglethorpe Power backfill from those onsite borrow Government-Owned Inventions, Corporation, Municipal Electric sources and summarizes the radiological Available for Licensing Authority of Georgia, and the City of and non-radiological environmental AGENCY: National Aeronautics and Dalton, Georgia), for the Vogtle Electric impacts that may result from granting Space Administration. Generating Plant (VEGP) ESP site the LSA portion of the amendment ACTION: Notice of availability of located in Burke County, Georgia. The request. The staff has determined that inventions for licensing. proposed amendment would modify the granting the proposed amendment Vogtle Electric Generating Plant ESP site would not result in significant non- SUMMARY: The inventions listed below safety analysis report (SSAR) to allow radiological impacts to land use, surface assigned to the National Aeronautics the use of Category 1 and 2 backfill and groundwater resources, terrestrial and Space Administration, have been obtained from onsite borrow areas not and aquatic resources, threatened and

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endangered species, socioeconomic SECURITIES AND EXCHANGE The retention period for the factors and environmental justice, COMMISSION recordkeeping requirements under Rule cultural and historical resources, air 17Ad–10 is six years for certificate quality, non-radiological human health Submission for OMB Review; detail that has been deleted and to and nonradioactive waste. In addition, Comment Request maintain and keep current an accurate the staff has determined that there are record of the number of shares or no significant radiological health Upon Written Request Copies Available principal dollar amount of debt impacts associated with the proposed From: Securities and Exchange securities that the issuer has authorized action. Commission, Office of Investor to be outstanding. The recordkeeping Education and Advocacy, requirement under Rule 17Ad–10 is III. Finding of No Significant Impact Washington, DC 20549–0213. mandatory to ensure accurate On the basis of the EA, the NRC has Extension: securityholder records and to assist the concluded that there are no significant Rule 17Ad–10; SEC File No. 270–265; Commission and other regulatory environmental impacts from the OMB Control No. 3235–0273. agencies with monitoring transfer agents proposed amendment and has Notice is hereby given that pursuant and ensuring compliance with the rule. determined not to prepare an to the Paperwork Reduction Act of 1995 This rule does not involve the collection environmental impact statement. (44 U.S.C. 3501 et seq.), the Securities of confidential information. Persons and Exchange Commission should note that an agency may not IV. Further Information (‘‘Commission’’) has submitted to the conduct or sponsor, and a person is not Documents related to this action, Office of Management and Budget a required to respond to, a collection of including the application for request for approval of extension of the information unless it displays a amendment and supporting previously approved collection of currently valid control number. documentation, are available information provided for in Rule 17Ad– Comments should be directed to: (i) electronically at the NRC’s Electronic 10 (17 CFR 240.17Ad–10), under the Desk Officer for the Securities and Reading Room at http://www.nrc.gov/ Securities Exchange Act of 1934 (15 Exchange Commission, Office of reading-rm/adams.html. The NRC’s U.S.C. 78a et seq.). Information and Regulatory Affairs, Agencywide Document Access and Rule 17Ad–10 requires a registered Office of Management and Budget, Management System (ADAMS), which transfer agent to create and maintain Room 10102, New Executive Office provides text and image files of NRC’s minimum information on Building, Washington, DC 20503, or by securityholders’ ownership of an issue sending an e-mail to: public documents, may be accessed _ from this site. The ADAMS accession of securities for which it performs Shagufta [email protected]; and (ii) numbers for the documents related to transfer agent functions, including the Charles Boucher Director/Chief this notice are: The application dated purchase, transfer and redemptions of Information Officer, Securities and April 20, 2010, as supplemented by securities. In addition, the rule also Exchange Commission, Shirley letters dated April 23, 28, May 5, 10, requires transfer agents that maintain Martinson, 6432 General Green Way, securityholder records to keep Alexandria, VA 22312 or send an e-mail and 13, 2010 is available at _ ML101120089, ML101160531, certificate detail that has been deleted to: PRA [email protected]. Comments ML101230337, ML101270283, from those records for a minimum of six must be submitted to OMB within 30 ML101330141, and ML101340649 years and to maintain and keep current days of this notice. respectively. The Environmental an accurate record of the number of Dated: May 17, 2010. Assessment and Finding of No shares or principal dollar amount of Florence E. Harmon, Significant Impact evaluation is debt securities that the issuer has Deputy Secretary. authorized to be outstanding (a ‘‘control available at ML101380114. Persons who [FR Doc. 2010–12261 Filed 5–20–10; 8:45 am] book’’). These recordkeeping do not have access to ADAMS or who BILLING CODE 8011–01–P encounter problems in accessing the requirements assist in the creation and documents located in ADAMS should maintenance of accurate securityholder contact the NRC Public Document Room records, the ability to research errors, SECURITIES AND EXCHANGE (PDR) Reference staff by telephone at 1– and ensure the transfer agent is aware of COMMISSION 800–397–4209, 301–415–4737 or by e- the number of securities that are properly authorized by the issuer, mail to [email protected]. [Investment Company Act Release No. thereby avoiding overissuance. These documents may also be viewed 29270; 812–13745] There are approximately 565 electronically on the public computers registered transfer agents. The staff located at the NRC’s Public Document Kinetics Mutual Funds, Inc., et al.; estimates that the average number of Room (PDR), O 1 F21, One White Flint Notice of Application hours necessary for each transfer agent North, 11555 Rockville Pike Rockville, to comply with Rule 17Ad–10 is May 17, 2010. MD 20852. The PDR reproduction approximately 20 hours per year, AGENCY: Securities and Exchange contractor will copy documents for a totaling 11,300 hours industry-wide. Commission (‘‘Commission’’). fee. The average cost per hour is ACTION: Notice of an application under Dated at Rockville, Maryland this 18th day approximately $50 per hour, with the section 6(c) of the Investment Company of May, 2010. industry-wide cost estimated at Act of 1940 (‘‘Act’’) for an exemption For the Nuclear Regulatory Commission. approximately $565,000. However, the from rule 12d1–2(a) under the Act. Jeffrey Cruz, information required by Rule 17Ad–10 Branch Chief, AP1000 Branch1, Division of generally already is maintained by SUMMARY OF APPLICATION: Applicants New Reactors Licensing, Office of New registered transfer agents. The amount request an order to permit registered Reactors. of time devoted to compliance with open-end investment companies relying [FR Doc. 2010–12365 Filed 5–20–10; 8:45 am] Rule 17Ad–10 varies according to on rule 12d1–2 under the Act to invest BILLING CODE 7590–01–P differences in business activity. in certain financial instruments.

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APPLICANTS: Kinetics Mutual Funds, Inc. as the distributor for the Company and another investment company if the sale (‘‘Company’’), Kinetics Portfolios Trust all of its series and as the private will cause the acquiring company to (‘‘Trust’’), Kinetics Asset Management, placement agent for the Trust and all of own more than 3% of the acquired Inc. (‘‘Adviser’’), and Kinetics Funds its series. company’s voting stock, or cause more Distributor, Inc. (‘‘KFDI’’). 2. Applicants request the exemption than 10% of the acquired company’s FILING DATES: The application was filed to the extent necessary to permit any voting stock to be owned by investment on January 19, 2010, and amended on existing or future registered open-end companies and companies controlled by May 12, 2010. management investment company or them. HEARING OR NOTIFICATION OF HEARING: An series thereof (i) that is advised by the 2. Section 12(d)(1)(G) of the Act order granting the application will be Adviser or an entity controlling, provides that section 12(d)(1) will not issued unless the Commission orders a controlled by, under common control apply to securities of an acquired hearing. Interested persons may request with the Adviser (each, an ‘‘Adviser’’) company purchased by an acquiring a hearing by writing to the that is in the same group of investment company if: (i) The acquiring company Commission’s Secretary and serving companies as defined in section and acquired company are part of the applicants with a copy of the request, 12(d)(1)(G) of the Act and (ii) that same group of investment companies; personally or by mail. Hearing requests invests in other registered open-end (ii) the acquiring company holds only should be received by the Commission management investment companies in securities of acquired companies that by 5:30 p.m. on June 11, 2010 and reliance on section 12(d)(1)(G) of the are part of the same group of investment should be accompanied by proof of Act, and (iii) that is also eligible to companies, government securities, and service on applicants, in the form of an invest in securities (as defined in short-term paper; (iii) the aggregate sales affidavit or, for lawyers, a certificate of section 2(a)(36) of the Act) in reliance loads and distribution-related fees of the service. Hearing requests should state on rule 12d1–2 under the Act (together acquiring company and the acquired the nature of the writer’s interest, the with such series of the Company and company are not excessive under rules reason for the request, and the issues the Trust, the ‘‘Funds of Funds’’) to also adopted pursuant to section 22(b) or contested. Persons who wish to be invest, to the extent consistent with its section 22(c) of the Act by a securities notified of a hearing may request investment objective, policies, strategies association registered under section 15A notification by writing to the and limitations, in financial instruments of the Exchange Act or by the Commission’s Secretary. that may not be securities within the Commission; and (iv) the acquired meaning of section 2(a)(36) of the Act company has a policy that prohibits it ADDRESSES: Secretary, Securities and (‘‘Other Investments’’).1 from acquiring securities of registered Exchange Commission, 100 F Street, 3. Consistent with its fiduciary open-end management investment NE., Washington, DC 20549–1090; obligations under the Act, each Fund of companies or registered unit investment Applicants, c/o Jay H. Kesslen, Kinetics Fund’s board of directors or trustees trusts in reliance on section 12(d)(1)(F) Asset Management, Inc., 555 Taxter will review the advisory fees charged by or 12(d)(1)(G) of the Act. Road, Suite 175, Elmsford, NY 10523. the Fund of Fund’s investment adviser 3. Rule 12d1–2 under the Act permits FOR FURTHER INFORMATION CONTACT: to ensure that they are based on services a registered open-end investment Keith A. Gregory, Senior Counsel, at provided that are in addition to, rather company or a registered unit investment (202) 551–6815, or Mary Kay Frech, than duplicative of, services provided trust that relies on section 12(d)(1)(G) of Branch Chief, at (202) 551–6821 pursuant to the advisory agreement of the Act to acquire, in addition to (Division of Investment Management, any investment company in which the securities issued by another registered Office of Investment Company Fund of Funds may invest. investment company in the same group Regulation). of investment companies, government Applicants’ Legal Analysis SUPPLEMENTARY INFORMATION: The securities, and short-term paper: (1) following is a summary of the 1. Section 12(d)(1)(A) of the Act Securities issued by an investment application. The complete application provides that no registered investment company that is not in the same group may be obtained via the Commission’s company (‘‘acquiring company’’) may of investment companies, when the Web site by searching for the file acquire securities of another investment acquisition is in reliance on section number, or an applicant using the company (‘‘acquired company’’) if such 12(d)(1)(A) or 12(d)(1)(F) of the Act; (2) Company name box, at http:// securities represent more than 3% of the securities (other than securities issued www.sec.gov/search/search.htm, or by acquired company’s outstanding voting by an investment company); and (3) calling (202) 551–8090. stock or more than 5% of the acquiring securities issued by a money market company’s total assets, or if such fund, when the investment is in reliance Applicants’ Representations securities, together with the securities of on rule 12d1–1 under the Act. For the 1. The Company is organized as a other investment companies, represent purposes of rule 12d1–2, ‘‘securities’’ Maryland corporation and the Trust is more than 10% of the acquiring means any security as defined in section organized as a Delaware statutory trust company’s total assets. Section 2(a)(36) of the Act. and each is registered under the Act as 12(d)(1)(B) of the Act provides that no 4. Section 6(c) of the Act provides that an open-end management investment registered open-end investment the Commission may exempt any company. The Adviser is a New York company may sell its securities to person, security, or transaction from any corporation registered as an investment provision of the Act, or from any rule adviser under the Investment Advisers 1 Applicants also request that the order exempt under the Act, if such exemption is Act of 1940, as amended, and currently any entity controlling, controlled by or under necessary or appropriate in the public common control with the Adviser or KFDI that now serves as investment adviser to the The or in the future acts as principal underwriter with interest and consistent with the Tactical Paradigm Fund, a series of the respect to the transactions described in the protection of investors and the purposes Company, and to each series of the application. Every existing entity that currently fairly intended by the policies and Trust. KFDI is a New York corporation intends to rely on the requested order is named as provisions of the Act. an applicant. Any existing or future entity that registered as a broker-dealer under the relies on the order in the future will do so only in 5. Applicants state that the proposed Securities Exchange Act of 1934, as accordance with the terms and condition in the arrangement would comply with the amended (‘‘Exchange Act’’), that serves application. provisions of rule 12d1–2 under the Act,

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but for the fact that the Funds of Funds Commission’s Web site at http:// Dated: May 18, 2010. may invest a portion of their assets in www.sec.gov. Florence E. Harmon, Other Investments. Applicants request The roundtable will consist of a series Deputy Secretary. an order under section 6(c) of the Act of panels. Panelists will consider a [FR Doc. 2010–12303 Filed 5–20–10; 8:45 am] for an exemption from rule 12d1–2(a) to range of market structure topics, such as BILLING CODE 8011–01–P allow the Funds of Funds to invest in the appropriate metrics for assessing the Other Investments. Applicants assert performance and fairness of the market that permitting the Funds of Funds to structure, particularly in light of the SECURITIES AND EXCHANGE invest in Other Investments as described extraordinary price volatility of May 6. COMMISSION in the application would not raise any Panelists also will analyze the tools and of the concerns that the requirements of [Release No. 334–62114; File No. 265–26– strategies of high frequency trading and 01] section 12(d)(1) were designed to the role of undisplayed liquidity in address. today’s market structure. COMMODITY FUTURES TRADING Applicants’ Condition COMMISSION DATES: The roundtable discussion will Applicants agree that the order take place on June 2, 2010. The Joint CFTC–SEC Advisory Committee granting the requested relief will be Commission will accept comments on Emerging Regulatory Issues subject to the following condition: regarding issues addressed at the AGENCIES: Securities and Exchange Applicants will comply with all roundtable until June 23, 2010. provisions of rule 12d1–2 under the Act, Commission (‘‘SEC’’) and Commodity except for paragraph (a)(2) to the extent ADDRESSES: Comments may be Futures Trading Commission (‘‘CFTC’’) that it restricts any Fund of Funds from submitted by any of the following (each, an ‘‘Agency,’’ and collectively, investing in Other Investments as methods: ‘‘Agencies’’). described in the application. ACTION: Notice of meeting of Joint Electronic Comments For the Commission, by the Division of CFTC–SEC Advisory Committee on Investment Management, under delegated • Use the Commission’s Internet Emerging Regulatory Issues. authority. comment form (http://www.sec.gov/ SUMMARY: The Joint CFTC–SEC Florence E. Harmon, rules/other.shtml); or Advisory Committee on Emerging Deputy Secretary. • Send an e-mail to rule- Regulatory Issues is providing notice [FR Doc. 2010–12260 Filed 5–20–10; 8:45 am] [email protected]. Please include File that it will hold a public meeting on BILLING CODE 8010–01–P Number 4–602 on the subject line. Monday, May 24, 2010, in the Auditorium, Room L–002, at the SEC’s Paper Comments main offices, 100 F Street, NE., SECURITIES AND EXCHANGE • Washington, DC. The meeting will begin COMMISSION Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, at 9 a.m. (EST) and will be open to the [Release No. 34–62115; File No. 4–602] Securities and Exchange Commission, public. The Committee meeting will be Webcast on the SEC’s Web site at Market Structure Roundtable 100 F Street, NE., Washington, DC 20549–1090. http://www.sec.gov. Persons needing special accommodations to take part AGENCY: Securities and Exchange All submissions should refer to File Commission. because of a disability should notify a Number 4–602. This file number should contact person listed below. The public ACTION: Notice of roundtable discussion; be included on the subject line if e-mail is invited to submit written statements request for comment. is used. To help us process and review to the Committee. SUMMARY: The Securities and Exchange your comments more efficiently, please The agenda for the meeting includes: Commission will host a one-day use only one method. The Commission (i) Opening remarks; (ii) the roundtable to solicit the views of will post all comments on the introduction of Committee members, investors, issuers, exchanges, alternative Commission’s Internet Web site (http:// (iii) discussion of Committee agenda trading systems, financial services firms, www.sec.gov). Comments are also and organization; (iv) discussion of the high frequency traders, and the available for Web site viewing and Joint CFTC–SEC report on the market academic community regarding the printing in the Commission’s Public events of May 6, 2010; and (v) current securities market structure. The Reference Room, 100 F Street, NE., discussion of next steps and closing roundtable will focus on market Washington, DC 20549, on official comments. structure performance, including the business days between the hours of 10 Pursuant to 41 CFR 102–3.150(b), the events of May 6, metrics for evaluating a.m. and 3 p.m. All comments received Agencies are providing less than fifteen market structure performance, high will be posted without change; we do days notice of the meeting so that frequency trading, and undisplayed not edit personal identifying Committee members can quickly begin liquidity. information from submissions. You to conduct a review of the market events The roundtable discussion will be should submit only information that of May 6, 2010, and make held in the auditorium of the Securities you wish to make available publicly. recommendations related to market and Exchange Commission headquarters structure issues that may have FOR FURTHER INFORMATION CONTACT: at 100 F Street, NE., in Washington, DC contributed to the volatility, as well as on June 2, 2010 from 9:30 a.m. to Arisa Tinaves, Special Counsel, at (202) disparate trading conventions and rules approximately 4:30 p.m. The public is 551–5676 or Gary M. Rubin, Attorney, at across various markets. invited to observe the roundtable (202) 551–5669, Division of Trading and DATES: Written statements should be discussion. Seating will be available on Markets, Securities and Exchange received on or before noon on Friday, a first-come, first-served basis. The Commission, 100 F Street, NE., May 21, 2010. roundtable discussion also will be Washington, DC 20549–7010. ADDRESSES: Because the Agencies will available via webcast on the By the Commission. jointly review all comments submitted,

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interested parties may send comments Commission, Three Lafayette Centre, added, deleted or postponed, please to either Agency and need not submit 1155 21st Street, NW., Washington, DC contact: responses to both Agencies. 20581. The Office of the Secretary at (202) Respondents are encouraged to use the SUPPLEMENTARY INFORMATION: In 551–5400. title ‘‘Joint CFTC–SEC Advisory accordance with Section 10(a) of the Dated: May 18, 2010. Committee’’ to facilitate the organization Federal Advisory Committee Act, 5 Florence E. Harmon, and distribution of comments between U.S.C. App. 1, § 10(a), James R. Burns Deputy Secretary. the Agencies. Interested parties are and Timothy Karpoff, each Co- [FR Doc. 2010–12369 Filed 5–19–10; 4:15 pm] invited to submit responses to: Designated Federal Officer of the BILLING CODE 8011–01–P Securities and Exchange Commission: Committee, acting jointly, have Written comments may be submitted by approved publication of this notice. the following methods: Dated: May 18, 2010. SECURITIES AND EXCHANGE Electronic Comments By the Securities and Exchange COMMISSION • Commission. Use the SEC’s Internet submission Sunshine Act Meetings form (http://www.sec.gov/rules/ Elizabeth M. Murphy, other.shtml); or Committee Management Officer. Notice is hereby given, pursuant to • Send an e-mail to rule- By the Commodity Futures Trading the provisions of the Government in the [email protected]. Commission. Sunshine Act, Public Law 94–409, that Please include File No. 265–26–01 on Martin White, the Securities and Exchange the subject line. Committee Management Officer. Commission will hold Closed Meetings on Tuesday, May 25, 2010 and Paper Comments [FR Doc. 2010–12301 Filed 5–20–10; 8:45 am] Thursday, May 27, 2010 at 2 p.m., • BILLING CODE P Send paper comments in triplicate respectively. to Elizabeth M. Murphy, Secretary, Commissioners, Counsel to the Securities and Exchange Commission, SECURITIES AND EXCHANGE Commissioners, the Secretary to the 100 F St., NE., Washington 20549. All COMMISSION Commission, and recording secretaries submissions should refer to File No. will attend the Closed Meetings. Certain 265–26–01. Sunshine Act Meeting staff members who have an interest in To help the SEC process and review the matters also may be present. your comments more efficiently, please Notice is hereby given, pursuant to The General Counsel of the use only one method. The SEC staff will the provisions of the Government in the Commission, or his designee, has post all comments on the SEC’s Internet Sunshine Act, Public Law 94–409, that certified that, in his opinion, one or Web site (http://www.sec.gov/rules/ the Securities and Exchange more of the exemptions set forth in 5 other.shtml). Comments will also be Commission will hold an Open Meeting U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) available for Web site viewing and on May 26, 2010 at 10 a.m., in the and 17 CFR 200.402(a)(3), (5), (7), 9(ii) printing in the SEC’s Public Reference Auditorium, Room L–002. and (10), permit consideration of the Room, 100 F St., NE., Washington DC The subject matter of the Open scheduled matters at the Closed 20549, on official business days Meeting will be: Meetings. between the hours of 10 a.m. and 3 p.m. Item 1: The Commission will consider Commissioner Aguilar, as duty All comments received will be posted whether to propose new Rule 613 of officer, voted to consider the items without change; we do not edit personal Regulation NMS that would require listed for the Closed Meetings in a identifying information from your national securities exchanges and closed session, and determined that no submissions. You should submit only national securities associations to act earlier notice of thereof was possible. information that you wish to make jointly in developing a national market The subject matter of the Closed available publicly. system plan to create, implement, and Meeting scheduled for Tuesday, May 25, Commodity Futures Trading maintain a consolidated audit trail that 2010 will be: Commission: would capture customer and order event Institution and settlement of • Written comments may be mailed to information, mostly in real time, for all injunctive actions; the Commodity Futures Trading orders in NMS securities, across all Institution and settlement of Commission, Three Lafayette Centre, markets, from the time of order administrative proceedings; 1155 21st Street, NW., Washington, DC inception through routing, cancellation, An adjudicatory matter; and Other matters relating to enforcement 20581, Attention: Office of the modification, or execution. proceedings. Secretary; transmitted by facsimile to Item 2: The Commission will consider the CFTC at (202) 418–5521; or The subject matter of the Closed a recommendation to adopt Meeting scheduled for Thursday, May transmitted electronically to amendments to Rule 15c2–12 under the [email protected]. Reference 27, 2010 will be: Securities Exchange Act of 1934, a rule Institution and settlement of should be made to ‘‘Joint CFTC–SEC pertaining to municipal securities ’’ injunctive actions; Advisory Committee. disclosure. The Commission will also Institution and settlement of FOR FURTHER INFORMATION CONTACT: consider related interpretive guidance to administrative proceedings; Ronesha Butler, Special Counsel, at assist brokers, dealers and municipal Consideration of amicus participation; (202) 551–5629, Division of Trading and securities dealers in meeting their and Markets, or Elizabeth M. Murphy, obligations under the antifraud Other matters relating to enforcement Committee Management Officer, at (202) provisions of the federal securities laws. proceedings. 551–5400, Securities and Exchange At times, changes in Commission At times, changes in Commission Commission, 100 F St., NE., Washington priorities require alterations in the priorities require alterations in the DC 20549, or Martin White, Committee scheduling of meeting items. scheduling of meeting items. Management Officer, at (202) 418–5129, For further information and to For further information and to Commodity Futures Trading ascertain what, if any, matters have been ascertain what, if any, matters have

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been added, deleted or postponed, II. Self-Regulatory Organization’s As with all fees, the Exchange may please contact: Statement of the Purpose of, and adjust these Routing Fees in response to The Office of the Secretary at (202) Statutory Basis for, the Proposed Rule competitive conditions by filing a new 551–5400. Change proposed rule change. While changes to In its filing with the Commission, the the Exchange’s Fee Schedule pursuant Dated: May 19, 2010. to this proposal are effective upon filing, Exchange included statements Elizabeth M. Murphy, the Exchange has designated this concerning the purpose of and basis for proposal to be operative for trade date Secretary. the proposed rule change and discussed May 10, 2010. [FR Doc. 2010–12366 Filed 5–19–10; 4:15 pm] any comments it received on the BILLING CODE 8010–01–P proposed rule change. The text of these 2. Statutory Basis statements may be examined at the The Exchange believes that its places specified in Item IV below. The proposal to amend its schedule of fees SECURITIES AND EXCHANGE Exchange has prepared summaries, set is consistent with Section 6(b) of the COMMISSION forth in sections A, B, and C below, of Act 7 in general, and furthers the the most significant aspects of such objectives of Section 6(b)(4) of the Act 8 [Release No. 34–62105; File No. SR–Phlx– statements. in particular, in that it is an equitable 2010–71] A. Self-Regulatory Organization’s allocation of reasonable fees and other Statement of the Purpose of, and charges among Exchange members. The Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule Exchange believes that this fee is NASDAQ OMX PHLX, Inc.; Notice of Change equitable because it would be equally Filing and Immediate Effectiveness of assessed on all professional orders Proposed Rule Change Relating to 1. Purpose routed to ISE. The Exchange also Professional Routing Fees The purpose of the proposed rule believes that this fee is reasonable change is to recoup costs that the because the Exchange is seeking to May 13, 2010. Exchange incurs for routing and recoup the costs incurred by the Pursuant to Section 19(b)(1) of the executing professional orders in equity Exchange to route professional orders to Securities Exchange Act of 1934 and index options to away markets. ISE on behalf of its members. (‘‘Act’’) 1, and Rule 19b–4 thereunder,2 In May 2009, the Exchange adopted B. Self-Regulatory Organization’s notice is hereby given that on May 7, Rule 1080(m)(iii)(A) to establish Nasdaq Statement on Burden on Competition 2010, NASDAQ OMX PHLX, Inc. Options Services LLC (‘‘NOS’’), a The Exchange does not believe that ‘‘ ’’ ‘‘ ’’ member of the Exchange, as the ( Phlx or Exchange ) filed with the the proposed rule change will impose Exchange’s exclusive order router.4 NOS Securities and Exchange Commission any burden on competition not is utilized by the Phlx XL II system (‘‘SEC’’ or ‘‘Commission’’) the proposed necessary or appropriate in furtherance solely to route orders in options listed rule change as described in Items I, II, of the purposes of the Act. and III, below, which Items have been and open for trading on the Phlx XL II prepared by the Exchange. The system to destination markets. C. Self-Regulatory Organization’s Commission is publishing this notice to Currently, the Exchange’s Fee Statement on Comments on the solicit comments on the proposed rule Schedule includes Routing Fees for Proposed Rule Change Received From customer and professional orders. The Members, Participants, or Others change from interested persons. Exchange currently assesses a fee of $.06 No written comments were either I. Self-Regulatory Organization’s per contract in all professional 5 option solicited or received. Statement of the Terms of Substance of orders that are routed to International the Proposed Rule Change Securities Exchange, LLC (‘‘ISE’’). III. Date of Effectiveness of the The Exchange proposes to amend the Proposed Rule Change and Timing for The Exchange proposes to amend its current fee of $.06 per contract that is Commission Action fees governing pricing for Exchange assessed for routing professional orders The foregoing rule change has become members using the Phlx XL II system,3 to ISE in all options to $.24 per contract. effective pursuant to Section for routing standardized equity and The Exchange is proposing this charge 19(b)(3)(A)(ii) of the Act 9 and paragraph index option professional orders to in order to recoup clearing and (f)(2) of Rule 19b–4 10 thereunder. At away markets for execution. transaction charges which are incurred any time within 60 days of the filing of The text of the proposed rule change by the Exchange when orders are routed the proposed rule change, the is available on the Exchange’s Web site to ISE. Each destination market’s Commission may summarily abrogate such rule change if it appears to the at http://nasdaqtrader.com/ transaction charge varies and there is a standard clearing charge for each Commission that such action is micro.aspx?id=PHLXfilings, at the transaction incurred by the Exchange. necessary or appropriate in the public principal office of the Exchange, at the The Exchange proposes this fee change interest, for the protection of investors, Commission’s Public Reference Room, to account for an increase in cost for or otherwise in furtherance of the and on the Commission’s Web site at routing to ISE.6 purposes of the Act. http://www.sec.gov. IV. Solicitation of Comments 4 See Securities Exchange Act Release No. 59995 1 15 U.S.C. 78s(b)(1). (May 28, 2009), 74 FR 26750 (June 3, 2009) (SR– Interested persons are invited to Phlx–2009–32). 2 17 CFR 240.19b–4. submit written data, views, and 5 The Exchange defines a ‘‘professional’’ as any 3 arguments concerning the foregoing, For a complete description of Phlx XL II, see person or entity that (i) is not a broker or dealer in Securities Exchange Act Release No. 59995 (May securities, and (ii) places more than 390 orders in 28, 2009), 74 FR 26750 (June 3, 2009) (SR–Phlx– listed options per day on average during a calendar 7 15 U.S.C. 78f(b). 2009–32). The instant proposed fees will apply only month for its own beneficial account(s) (hereinafter 8 15 U.S.C. 78f(b)(4). to option orders entered into, and routed by, the ‘‘Professional’’). 9 15 U.S.C. 78s(b)(3)(A)(ii). Phlx XL II system. 6 See SR–ISE–2010–41. 10 17 CFR 240.19b–4(f)(2).

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including whether the proposed rule SECURITIES AND EXCHANGE the most significant parts of such change is consistent with the Act. COMMISSION statements. Comments may be submitted by any of [Release No. 34–62102; File No. SR–BATS– A. Self-Regulatory Organization’s the following methods: 2010–011] Statement of the Purpose of, and Electronic Comments Statutory Basis for, the Proposed Rule • Self-Regulatory Organizations; BATS Change Use the Commission’s Internet Exchange, Inc.; Notice of Filing and comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed 1. Purpose rules/sro.shtml); or Rule Change To Amend BATS Rule The Exchange proposes to make a • Send an e-mail to rule- 11.9, Entitled ‘‘Orders and Modifiers’’ minor change to its Member Match [email protected]. Please include File Trade Prevention, or MMTP, Number SR–Phlx–2010–71 on the May 13, 2010. functionality, described in BATS Rules subject line. Pursuant to Section 19(b)(1) of the 11.9(f) and 21.1(g) and to rename the Paper Comments Securities Exchange Act of 1934 (the functionality as Match Trade Prevention ‘‘Act’’),1 and Rule 19b–4 thereunder,2 ‘‘ ’’ • Send paper comments in triplicate ( MTP ). notice is hereby given that on May 4, MMTP modifiers are designed to to Elizabeth M. Murphy, Secretary, 2010, BATS Exchange, Inc. (the prevent two orders with the same Securities and Exchange Commission, ‘‘Exchange’’ or ‘‘BATS’’) filed with the Unique Identifier (as defined below) 100 F Street, NE., Washington, DC Securities and Exchange Commission from executing against each other. The 20549–1090. (‘‘Commission’’) the proposed rule Exchange currently offers four MMTP All submissions should refer to File change as described in Items I and II modifiers that can be set at the market Number SR–Phlx-2010–71. This file below, which Items have been prepared participant identifier (‘‘MPID’’), the number should be included on the by the Exchange. The Exchange has Exchange Member identifier or the subject line if e-mail is used. To help the designated this proposal as a ‘‘non- Exchange Sponsored Participant Commission process and review your controversial’’ proposed rule change identifier level (any such identifier, a comments more efficiently, please use pursuant to Section 19(b)(3)(A) of the ‘‘Unique Identifier’’).5 BATS is only one method. The Commission will Act 3 and Rule 19b–4(f)(6)(iii) proposing a change to the MMTP post all comments on the Commission’s thereunder,4 which renders it effective Decrement and Cancel identifier Internet Web site (http://www.sec.gov/ upon filing with the Commission. The (‘‘MDC’’); none of the other MMTP rules/sro.shtml). Copies of the Commission is publishing this notice to identifiers are affected by this proposal, submission, all subsequent solicit comments on the proposed rule other than to change the references amendments, all written statements change from interested persons. throughout the rule text to MTP. with respect to the proposed rule Under the existing rules, an incoming I. Self-Regulatory Organization’s change that are filed with the order marked with the MDC modifier Statement of the Terms of Substance of Commission, and all written will not execute against opposite side communications relating to the the Proposed Rule Change resting interest marked with any MMTP proposed rule change between the The Exchange proposes to make a modifier originating from the same Commission and any person, other than modification to the existing technology Unique Identifier. If both orders are those that may be withheld from the that it provides to a User that wishes to equivalent in size, both orders will be public in accordance with the avoid trading against orders from that cancelled back to the originating User. provisions of 5 U.S.C. 552, will be same User (currently referred to as If the orders are not equivalent in size, available for Web site viewing and ‘‘Member Match Trade Prevention’’ or the equivalent size will be cancelled printing in the Commission’s Public ‘‘MMTP’’). back to the originating User and the Reference Room, 100 F Street, NE., The text of the proposed rule change larger order will be decremented by the Washington, DC 20549, on official is available at the Exchange’s Web site size of the smaller order, with the business days between the hours of 10 at http://www.batstrading.com, at the balance remaining on the BATS Book; a.m. and 3 p.m. Copies of the filing also principal office of the Exchange, and at provided, however, that if the resting will be available for inspection and the Commission’s Public Reference order is marked with any MMTP copying at the principal office of the Room. modifier other than MDC, and the incoming order is smaller in size than Exchange. All comments received will II. Self-Regulatory Organization’s the resting order, then both orders will be posted without change; the Statement of the Purpose of, and be cancelled back to the originating User Commission does not edit personal Statutory Basis for, the Proposed Rule (the ‘‘MDC Exception’’). Thus, as shown identifying information from Change submissions. You should submit only in the example below, rather than information that you wish to make In its filing with the Commission, the decrementing either order, pursuant to available publicly. All submissions Exchange included statements the MDC Exception both orders are should refer to File Number SR–Phlx- concerning the purpose of and basis for cancelled in their entirety when the 2010–71 and should be submitted on or the proposed rule change and discussed resting order contains an MMTP before June 11, 2010. any comments it received on the modifier other than MDC and is larger proposed rule change. The text of these than the incoming order. For the Commission, by the Division of Current MDC Exception—Example: Trading and Markets, pursuant to delegated statements may be examined at the authority.11 places specified in Item IV below. The An order to buy 500 shares @ $22.00 is Florence E. Harmon, Exchange has prepared summaries, set forth in Sections A, B, and C below, of 5 Any Exchange Member that has an MPID issued Deputy Secretary. by FINRA is identified in the Exchange’s internal

[FR Doc. 2010–12227 Filed 5–20–10; 8:45 am] 1 systems by that MPID. Each Exchange Member that 15 U.S.C. 78s(b)(1). does not already have an MPID and each Sponsored BILLING CODE 8010–01–P 2 17 CFR 240.19b–4. Participant is issued an identifier that is specific to 3 15 U.S.C. 78s(b)(3)(A). the Exchange and allows the Exchange to determine 11 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). the User for each order and trade.

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marked with any MMTP modifier other references throughout its rules from available to such firms in how they do than MDC and becomes a resting order ‘‘Member Match Trade Prevention’’ to so. in the BATS Book. Subsequently, an ‘‘Match Trade Prevention’’ and from B. Self-Regulatory Organization’s order to sell 400 shares @ $22.00 is ‘‘MMTP’’ to ‘‘MTP’’. Statement on Burden on Competition entered with the same Unique Identifier The Exchange believes that its Match and marked with the MDC modifier. Trade Prevention functionality allows The Exchange does not believe that Current MDC Exception—Result: The certain firms to better internalize their the proposed rule change imposes any resting buy order for 500 shares at agency order flow, which in turn may burden on competition. $22.00 marked with a MMTP modifier decrease costs to customers of such other than MDC is cancelled back to the firms. The Exchange notes that MTP C. Self-Regulatory Organization’s originating User. The incoming sell modifiers do not alleviate, or otherwise Statement on Comments on the order for 400 shares @ $22.00 marked exempt, broker-dealers from their best Proposed Rule Change Received From with the MDC modifier is cancelled execution obligations. As such, broker- Members, Participants or Others back to the originating User. dealers using MTP modifiers are The Exchange has neither solicited The Exchange proposes to allow Users obligated to internally cross agency nor received written comments on the to opt-out of the default behavior of the orders at the same price, or a better proposed rule change. MDC Exception to allow an incoming price than they would have received MDC order to result in a decremented had the orders been executed on the III. Date of Effectiveness of the order even when it is smaller than the Exchange. Additionally, MTP modifiers Proposed Rule Change and Timing for resting order and the resting order assist market participants in complying Commission Action contains an MMTP modifier other than with certain rules and regulations of the Because the foregoing rule change MDC. Employee Retirement Income Security does not: (1) Significantly affect the Proposed Opt-Out of MDC—Example: Act (‘‘ERISA’’) that preclude and/or limit protection of investors or the public An order to buy 500 shares @ $22.00 is managing broker-dealers of such interest; (2) impose any significant marked with any MMTP modifier and accounts from trading as principal with burden on competition; and (3) become becomes a resting order in the BATS orders generated for those accounts. operative for 30 days after the date of Book. Subsequently, an order to sell 400 Finally, the Exchange notes that offering this filing, or such shorter time as the shares @ $22.00 is entered with the the MTP modifiers may streamline Commission may designate, it has same Unique Identifier and marked with certain regulatory functions by reducing become effective pursuant to Section the MDC modifier. false positive results that may occur on 19(b)(3)(A) of the Act 9 and Rule 19b– Proposed Opt-Out of MDC—Result: Exchange generated wash trading 4(f)(6) thereunder.10 400 of the 500 shares on the resting buy surveillance reports when orders are A proposed rule change filed under order at $22.00 marked with any MMTP executed under the same Unique Rule 19b–4(f)(6) normally may not modifier are cancelled back to the Identifier. For these reasons, the become operative prior to 30 days after originating User. The outstanding 100 Exchange believes the MTP modifiers the date of filing.11 However, Rule 19b– shares remain on the BATS Book. The offer users enhanced order processing 4(f)(6)(iii)12 permits the Commission to incoming sell order for 400 shares @ functionality that may prevent designate a shorter time if such action $22.00 marked with the MDC modifier potentially undesirable executions is consistent with the protection of is cancelled back to the originating User. without negatively impacting broker- investors and the public interest. The Although the Exchange intentionally dealer best execution obligations. created the MDC Exception based on Exchange has requested that the conversations with its Users regarding 2. Statutory Basis Commission waive the 30-day operative the best way to implement the MDC The rule change proposed in this delay so that the Exchange may modifier, other Users have requested submission is consistent with the immediately offer Exchange Users that the Exchange allow them to have requirements of the Act and the rules another choice with respect to MTP the incoming order control the result in and regulations thereunder that are modifiers. The Commission notes that all situations, and thus, have requested applicable to a national securities the proposal is consistent with the rules exchange, and, in particular, with the of another national securities to be able to opt-out of the MDC 13 Exception. The Exchange notes that requirements of Section 6(b) of the Act.7 exchange. Based on the foregoing, the NYSE Arca Equities (‘‘NYSE Arca’’) has Specifically, the proposed change is Commission believes that waiving the implemented its version of match trade consistent with Section 6(b)(5) of the 30-day operative delay is consistent prevention without the MDC Exception, Act,8 because it is designed to prevent with the protection of investors and the fraudulent and manipulative acts and public interest and hereby designates and thus, allowing Users to opt-out of 14 the exception is consistent with NYSE practices, to promote just and equitable the proposal operative upon filing. Arca’s STP Decrement and Cancel principles of trade, to foster cooperation 9 15 U.S.C. 78s(b)(3)(A). 6 and coordination with persons engaged option. The Exchange will allow a User 10 17 CFR 240.19b–4(f)(6). to opt-out of the MDC Exception by in facilitating transactions in securities, 11 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule changing the settings of its order entry and to remove impediments to, and 19b–4(f)(6)(iii) requires that a self-regulatory ports. The Exchange may also permit perfect the mechanism of, a free and organization submit to the Commission written Users to opt-out of the MDC Exception open market and a national market notice of its intent to file the proposed rule change, along with a brief description and text of the on an order-by-order basis through use system. Specifically, Match Trade proposed rule change, at least five business days of a specific tag attached to each order. Prevention functionality allows firms to prior to the date of filing of the proposed rule better manage order flow and prevent change, or such shorter time as designated by the Additional Discussion undesirable executions against Commission. The Exchange has satisfied this In addition to the modification to the requirement. themselves, and the proposed change 12 MDC modifier described above, the Id. described herein enhances the choices 13 See supra note 6. Exchange proposes to change the 14 For the purposes only of waiving the 30-day 7 15 U.S.C. 78f(b). operative delay, the Commission has considered the 6 See NYSE Arca Rule 7.31(qq)(3). 8 15 U.S.C. 78f(b)(5). Continued

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At any time within 60 days of the without change; the Commission does DEPARTMENT OF STATE filing of such proposed rule change the not edit personal identifying [Public Notice: 7022] Commission may summarily abrogate information from submissions. You such rule change if it appears to the should submit only information that Bureau of International Security and Commission that such action is you wish to make available publicly. All Nonproliferation; Lifting of necessary or appropriate in the public submissions should refer to File No. Nonproliferation Measures Against interest, for the protection of investors SR–BATS–2010–011 and should be Two Russian Entities or otherwise in furtherance of the submitted on or before June 11, 2010. purposes of the Act. AGENCY: Department of State. For the Commission, by the Division of ACTION: IV. Solicitation of Comments Trading and Markets, pursuant to delegated Notice. 16 Interested persons are invited to authority. SUMMARY: A determination has been submit written data, views and Florence E. Harmon, made, pursuant to Section 6 of arguments concerning the foregoing, Deputy Secretary. Executive Order 12938 of November 14, including whether the proposed rule [FR Doc. 2010–12226 Filed 5–20–10; 8:45 am] 1994, as amended, to remove change is consistent with the Act. BILLING CODE 8011–01–P nonproliferation measures on two Comments may be submitted by any of Russian entities. the following methods: DATES: Effective Date: May 21, 2010. Electronic Comments FOR FURTHER INFORMATION CONTACT: • Use the Commission’s Internet DEPARTMENT OF STATE Pamela K. Durham, Office of Missile comment form (http://www.sec.gov/ Threat Reduction, Bureau of rules/sro.shtml); or [Public Notice: 7020] International Security and • Send an e-mail to rule- Nonproliferation, Department of State [email protected]. Please include File Bureau of International Security and (202–647–4930). No. SR–BATS–2010–011 on the subject Nonproliferation; Determination Under SUPPLEMENTARY INFORMATION: Pursuant line. the Foreign Assistance Act and the to the authorities vested in the President Paper Comments Department of State, Foreign by the Constitution and the laws of the • Operations, and Related Programs United States of America, including the Send paper comments in triplicate Appropriations Acts International Emergency Economic to Elizabeth M. Murphy, Secretary, Powers Act (50 U.S.C. 1701 et seq.) Securities and Exchange Commission, AGENCY: Department of State. (‘‘IEEPA’’), the National Emergencies Act 100 F Street, NE., Washington, DC (50 U.S.C. 1601 et seq.), the Arms 20549–1090. ACTION: Notice. Export Control Act (22 U.S.C. 2751 et All submissions should refer to File No. seq.), and section 301 of title 3, United SUMMARY: SR–BATS–2010–011. This file number A decision has been made to States Code, and Section 6 of Executive should be included on the subject line remove the restrictions imposed on the Order 12938 of November 14, 1994, as if e-mail is used. To help the Tula Instrument Design Bureau (KBP) amended, a determination was made on Commission process and review your and rescind Federal Register Notice May 12, 2010, that it is in the foreign comments more efficiently, please use 3039, from April 29, 1999. policy or national security interests of only one method. The Commission will DATES: Effective Date: May 21, 2010. the United States to remove the post all comments on the Commission’s restrictions imposed pursuant to Internet Web site (http://www.sec.gov/ FOR FURTHER INFORMATION CONTACT: Sections 4(b), 4(c), and 4(d) of the rules/sro.shtml). Copies of the Brian Bachman, Office of Conventional 15 Executive Order on the following submission, all subsequent Arms Threat Reduction, Bureau of Russian entities, their sub-units and amendments, all written statements International Security and successors: with respect to the proposed rule Nonproliferation, Department of State 1. D. Mendeleyev University of change that are filed with the (202–647–3937). Commission, and all written Chemical Technology of Russia communications relating to the SUPPLEMENTARY INFORMATION: A decision 2. Moscow Aviation Institute proposed rule change between the was made on May 12, 2010, that it is in These restrictions were imposed on Commission and any person, other than the foreign policy or national security January 8, 1999 (see 64 FR 2935). those that may be withheld from the interests of the United States to remove Dated: May 17, 2010. public in accordance with the the restrictions imposed on the Tula C.S. Eliot Kang, provisions of 5 U.S.C. 552, will be Instrument Design Bureau (KBP) on Acting Assistant Secretary of State for available for Web site viewing and April 29, 1999 under Federal Register International Security and Nonproliferation, printing in the Commission’s Public notice 3039. Department of State. Reference Room, 100 F Street, NE., [FR Doc. 2010–12313 Filed 5–20–10; 8:45 am] Washington, DC 20549, on official Dated: May 17, 2010. BILLING CODE 4710–27–P business days between the hours of 10 C.S. Eliot Kang, a.m. and 3 p.m. Copies of such filing Acting Assistant Secretary of State for also will be available for inspection and International Security and Nonproliferation, DEPARTMENT OF STATE copying at the principal office of BATS. Department of State. All comments received will be posted [FR Doc. 2010–12322 Filed 5–20–10; 8:45 am] [Public Notice 7019] BILLING CODE 4710–27–P proposed rule’s impact on efficiency, competition, U.S. National Commission for UNESCO and capital formation. See 15 U.S.C. 78c(f). Notice of Teleconference Meeting 15 The text of the proposed rule change is available on the Commission’s Web site at http:// The U.S. National Commission for www.sec.gov/rules/sro.shtml. 16 17 CFR 200.30–3(a)(12). UNESCO will hold a conference call on

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Friday, June 11, 2010, beginning at 3 Dated: May 10, 2010. Railway, Inc.—Acquisition and p.m. Eastern Time. The teleconference Jeffrey W. Culver, Operation Exemption—North Carolina meeting will be closed to the public to Director of the Diplomatic Security Service, State Ports Authority’’ to reflect a allow the Commission to discuss Department of State. correction submitted by Carolina applications for the 2010 UNESCO [FR Doc. 2010–12316 Filed 5–20–10; 8:45 am] Coastal Railway, Inc. (CLNA). CLNA International Literacy Prizes. This call BILLING CODE 4710–24–P filed a verified notice of exemption will be closed pursuant to Section 10(d) under 49 CFR 1150.41 to acquire, by of the Federal Advisory Committee Act assignment, the lease of Morehead & and 5 U.S.C. 552b(c)(6) because it will DEPARTMENT OF STATE South Fork Railroad Co., Inc. (MHSF) involve discussions of information of a with North Carolina State Ports [Public Notice: 7021] personal nature regarding the relative Authority (SPA) and to operate merits of individual applicants where Bureau of Verification, Compliance, approximately 0.87 miles of SPA’s rail disclosure would constitute a clearly and Implementation; Termination of line. After the effective date of the unwarranted invasion of privacy. Measures Against a Russian Entity exemption, CLNA filed a letter on For more information contact February 16, 2010, notifying the Board Elizabeth Kanick, Executive Director of AGENCY: Department of State. that MHSF’s counsel has advised CLNA the U.S. National Commission for ACTION: Notice. that MHSF is not a party to any lease UNESCO, Washington, DC 20037. agreement with SPA and therefore was Telephone: (202) 663–0026; fax: (202) SUMMARY: A determination has been not assigning a lease to CLNA. Instead, 663–0035; e-mail: made to terminate sanctions imposed on MHSF assigned a freight easement and [email protected]. Rosoboronexport (ROE) pursuant to operating agreement to CNLA.1 This Section 3 of the Iran, North Korea, and Dated: May 13, 2010. notice correctly identifies MHSF, Syria Nonproliferation Act. instead of SPA, as the regulated party to Elizabeth Kanick, DATES: Effective Date: May 21, 2010. the transaction, corrects the title, and Executive Director, U.S. National Commission FOR FURTHER INFORMATION CONTACT: On clarifies what was conveyed. for UNESCO, Department of State. general issues: Stephen J. Tomchik, Accordingly, the correct title should [FR Doc. 2010–12319 Filed 5–20–10; 8:45 am] Bureau of Verification, Compliance, and read, ‘‘Carolina Coastal Railway, Inc.— BILLING CODE 4710–19–P Implementation, Department of State, Acquisition and Operation Exemption— Telephone (202) 647–1192. For U.S. Morehead & South Fork Railroad Co.’’ DEPARTMENT OF STATE Government procurement ban issues: FOR FURTHER INFORMATION CONTACT: Julia Kimberly Triplett, Office of the Farr (202) 245–0359 [Federal Procurement Executive, Department of Information Relay System (FIRS) for the [Public Notice 6974] State, Telephone: (703) 875–4079. hearing impaired: 1–800–877–8339]. Overseas Security Advisory Council SUPPLEMENTARY INFORMATION: Pursuant Decided: May 18, 2010. to Section 4 of the Iran, North Korea, (OSAC) Meeting Notice; Closed By the Board, Rachel D. Campbell, Meeting and Syria Nonproliferation Act (Pub. L. Director, Office of Proceedings. 106–178), the U.S. Government Jeffrey Herzig, The Department of State announces a determined on May 12, 2010 that meeting of the U.S. State Department— sanctions imposed effective October 23, Clearance Clerk. Overseas Security Advisory Council on 2008 (73 FR 206) on the Russian entity [FR Doc. 2010–12245 Filed 5–20–10; 8:45 am] June 16 and 17 at the U.S. Department Rosoboronexport (ROE) are terminated. BILLING CODE 4915–01–P of State and the Boeing Company, Dated: May 12, 2010. Arlington, Virginia. Pursuant to Section Rose E. Gottemoeller, DEPARTMENT OF TRANSPORTATION 10(d) of the Federal Advisory Assistant Secretary of State for Verification, Committee Act (5 U.S.C. Appendix), 5 Compliance, and Implementation, Federal Transit Administration U.S.C. 552b(c)(4), and 5 U.S.C. Department of State. [FTA Docket No. FTA–2010–0023] 552b(c)(7)(E), it has been determined [FR Doc. 2010–12304 Filed 5–20–10; 8:45 am] that the meeting will be closed to the BILLING CODE 4710–27–P public. The meeting will focus on an Notice of Request for Extension of a examination of corporate security Currently Approved Information policies and procedures and will Collection DEPARTMENT OF TRANSPORTATION involve extensive discussion of trade AGENCY: Federal Transit Administration, secrets and proprietary commercial Surface Transportation Board DOT. information that is privileged and ACTION: confidential, and will discuss law [Docket No. FD 35339] Notice of request for comments. enforcement investigative techniques SUMMARY: In accordance with the and procedures. The agenda will Carolina Coastal Railway, Inc.— Acquisition and Operation Paperwork Reduction Act of 1995, this include updated committee reports, a notice announces the intention of the global threat overview, and other Exemption—Morehead & South Fork Railroad Co. Federal Transit Administration (FTA) to matters relating to private sector request the Office of Management and security policies and protective AGENCY: Surface Transportation Board. Budget (OMB) to approve the revision of programs and the protection of U.S. ACTION: Correction to Notice of business information overseas. Acquisition and Operation Exemption. 1 In a previous decision, MHSF acquired the For more information, contact Marsha freight easement over all railroad tracks at the Port Thurman, Overseas Security Advisory SUMMARY: This document corrects a of Morehead City, N.C., from Carolina Rail Service, LLC. These tracks are owned by SPA. Morehead & Council, U.S. Department of State, notice served and published in the South Fork R.R.—Acquis. and Operation Washington, DC 20522–2008, phone: Federal Register on January 15, 2010 Exemption—Carolina Rail Service, LLC, FD 34748 571–345–2214. (75 FR 2580), titled ‘‘Carolina Coastal (STB served Sept. 23, 2005).

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the currently approved information a.m. and 5 p.m., Monday through annual program status report, and pre- collection: Friday, except Federal holidays. award and post-delivery audits. The 49 U.S.C. Sections 5310 and 5311— FOR FURTHER INFORMATION CONTACT: Mr. annual financial report and program Capital Assistance Program for Gilbert F. Williams, Office of Program status report provide a basis for Elderly Persons and Persons with Management, (202) 366–0797 or Lorna monitoring approved projects to ensure Disabilities and Nonurbanized Area R. Wilson, Office of Program timely and appropriate expenditure of Formula Program. Management, (202) 366–0893. federal funds by grant recipients. DATES: Comments must be submitted SUPPLEMENTARY INFORMATION: Respondents: State and local before July 20, 2010. Interested parties are invited to send governments, business or other for- profit institutions, non-profit ADDRESSES: To ensure that your comments regarding any aspect of this institutions, and small business comments are not entered more than information collection, including: (1) organizations. once into the docket, submit comments The necessity and utility of the information collection for the proper Estimated Annual Burden on identified by the docket number by only Respondents: 219 hours for each of the one of the following methods: performance of the functions of the FTA; (2) the accuracy of the estimated respondents. 1. Web site: http:// Estimated Total Annual Burden: www.regulations.gov. Follow the burden; (3) ways to enhance the quality, utility, and clarity of the collected 11,775 hours. instructions for submitting comments Frequency: Annual. on the U.S. Government electronic information; and (4) ways to minimize docket site. (Note: The U.S. Department the collection burden without reducing Issued: May 17, 2010. of Transportation’s (DOT’s) electronic the quality of the collected information. Ann M. Linnertz, docket is no longer accepting electronic Comments submitted in response to this Associate Administrator for Administration. comments.) All electronic submissions notice will be summarized and/or [FR Doc. 2010–12126 Filed 5–20–10; 8:45 am] must be made to the U.S. Government included in the request for OMB BILLING CODE 4910–57–P electronic docket site at http:// approval of this information collection. www.regulations.gov. Commenters Title: 49 U.S.C. 5310 and 5311— should follow the directions below for Capital Assistance Program for Elderly DEPARTMENT OF TRANSPORTATION mailed and hand-delivered comments. Persons and Persons with Disabilities 2. Fax: 202–493–2251. and Nonurbanized Area Formula National Highway Traffic Safety 3. Mail: U.S. Department of Program (OMB Number: 2132–0561) Administration Transportation, 1200 New Jersey Background: The Capital Assistance [Docket No. NHTSA–2008–0182] Avenue, SE., Docket Operations, M–30, Program for Elderly Persons and Persons West Building, Ground Floor, Room with Disabilities provides financial Mercedes-Benz, U.S.A. LLC; Denial of W12–140, Washington, DC 20590–0001. assistance for the specialized Application for Renewal of Temporary 4. Hand Delivery: U.S. Department of transportation service needs of elderly Exemption From Federal Motor Vehicle Transportation, 1200 New Jersey persons and persons with disabilities. Safety Standard No. 108 Avenue, SE., Docket Operations, M–30, The program is administered by the West Building, Ground Floor, Room States and may be used in all areas, AGENCY: National Highway Traffic W12–140, Washington, DC 20590–0001 urbanized, small urban, and rural. The Safety Administration, DOT. between 9 a.m. and 5 p.m., Monday Nonurbanized Area Formula Program ACTION: Denial of application for through Friday, except Federal holidays. provides financial assistance for the renewal of temporary exemption. Instructions: You must include the provision of public transportation SUMMARY: agency name and docket number for this services in nonurbanized areas and this This document responds to an notice at the beginning of your program is also administered by the application from Mercedes-Benz, U.S.A. ‘‘ ’’ comments. Submit two copies of your States. 49 U.S.C. 5310 and 5311 LLC ( MBUSA ), on behalf of itself and comments if you submit them by mail. authorize FTA to review applications its parent corporation Daimler AG ‘‘ ’’ For confirmation that FTA has received for federal financial assistance to ( Daimler ), dated December 3, 2007, for your comments, include a self- determine eligibility and compliance the renewal of a temporary exemption addressed stamped postcard. Note that with statutory and administrative from S5.5.10 of Federal Motor Vehicle all comments received, including any requirements. Information collected Safety Standard (FMVSS) No. 108; personal information, will be posted during the application stage includes Lamps, reflective devices, and and will be available to Internet users, the project budget, which identifies associated equipment. The National without change, to http:// funds requested for project Highway Traffic Safety Administration www.regulations.gov. You may review implementation; a program of projects, (NHTSA) granted MBUSA’s original DOT’s complete Privacy Act Statement which identifies subrecipients to be petition for a temporary exemption on in the Federal Register published April funded, amount of funding that each January 30, 2006. Based on the agency’s 11, 2000, (65 FR 19477), or you may will receive, and a description of the evaluation, NHTSA is denying the visit http://www.regulations.gov. projects to be funded; the project application from MBUSA for the Docket: For access to the docket to read implementation plan; the State renewal of the temporary exemption. background documents and comments management plan; a list of annual DATES: The exemption from S5.5.10 of received, go to http:// certifications and assurances; and FMVSS No. 108 terminates on July 20, www.regulations.gov at any time. public hearings notice, certification and 2010. Background documents and comments transcript. The applications must FOR FURTHER INFORMATION CONTACT: received may also be viewed at the U.S. contain sufficient information to enable David Hines, Office of Crash Avoidance Department of Transportation, 1200 FTA to make the findings required by Standards, NHTSA, 1200 New Jersey New Jersey Avenue, SE., Docket laws to enforce the program Avenue, SE., W45–338, Washington, DC Operations, M–30, West Building, requirements. Information collected 20590, telephone (202)–493–0245, Ground Floor, Room W12–140, during the project management stage facsimile (202)–366–7002. Washington, DC 20590–0001 between 9 includes an annual financial report, an SUPPLEMENTARY INFORMATION:

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I. Background II. MBUSA Application Requesting indicated it examined Federal Statistical Renewal of Temporary Exemption Office crash statistics for 2005 and 2006. In a petition dated June 5, 2005, MBUSA stated, ‘‘Although subject to a Mercedes-Benz, U.S.A. LLC (MBUSA) In a petition dated December 3, 2007, MBUSA petitioned NHTSA, on behalf of significant degree of statistical scatter, petitioned the National Highway Traffic itself and its parent corporation Daimler data from the Federal Statistical Office Safety Administration (NHTSA), for a AG (‘‘Daimler’’), for a renewal of the for 2005 shows a decrease of rear impact two-year temporary exemption from temporary exemption from S5.5.10 of compared to other Mercedes-Benz S5.5.10 of Federal Motor Vehicle Safety FMVSS No. 108. According to MBUSA, passenger cars, and an experience for Standard (FMVSS) No. 108; Lamps, the basis of the renewal was to further 2006 that shows a slight increase in rear reflective devices, and associated evaluate whether safety benefits could impacts but which is also comparable to the experience with the control group equipment. S5.5.10 specifies that with be identified through the allowance of without the feature.’’ certain exceptions (not applicable to flashing stop lamps on passenger this MBUSA application) all lamps, vehicles in the United States. MBUSA III. Comments and Response Regarding including stop lamps, must be wired to stated that the preliminary results from the MBUSA Petition for Renewal of the be steady-burning.1 In order to evaluate the United States and Europe were Temporary Exemption a flashing stop lamp signaling system in positive and while limited, constituted NHTSA published a notice of receipt the United States, MBUSA sought a a trend which could continue to be of the petition on November 25, 2008, ‘‘ temporary exemption from the steady- monitored. and provided an opportunity for burning’’ requirement as it applies to In its request for a renewal, MBUSA comment.2 The agency received five stop lamps. MBUSA stated that its indicated that the company has ‘‘sold a comments, one each from Nissan North flashing stop lamp system was currently total of approximately 2,870 12 cylinder America, Inc., Porsche Cars North available in Europe on a number of S and CL class passenger vehicles in the America, Inc., American Honda Motors Mercedes vehicles. United States between February 2006 Co., Inc., Toyota Motor North America, On January 30, 2006, NHTSA and August 2007,’’ and this number Inc., and Ms. Barbara Sachau. The four published in the Federal Register a would slightly increase through the motor vehicle manufacturers all notice granting the MBUSA application remainder of the exemption period, but supported the MBUSA application for remain below the maximum 5,000 for a temporary exemption, until renewal of the temporary exemption. vehicle limit over 2 years. January 23, 2008, from the requirements Toyota Motor North America, Inc., also MBUSA’s application stated, indicated that it has recently introduced of S5.5.10 of FMVSS No. 108. In ‘‘Daimler’s plan for monitoring the granting MBUSA’s request in the its flashing stop lamp signaling system experience of these vehicles focused on on Toyota and Lexus models in the original grant, NHTSA made several both dealer inputs and insurance determinations. The agency stated that European and Japanese markets. claims.’’ Daimler received only one However, we note that none of the MBUSA had met the requirements to dealer input, but in early November receive an exemption under 49 CFR Part vehicle manufacturers presented data 2007 received input from an insurance indicating that the use of the flashing 555(b), which permits exemptions from company that insures about 20 percent stop lamp systems provided traffic the FMVSS on the basis that the of the vehicles that have been sold in safety benefits. A fifth comment from exemption would make easier the the United States with the flashing stop Ms. Barbara Sachau opposed the development of field evaluation of lamp feature. MBUSA stated that the granting of the petition by stating that safety equipment. Specifically, the data collected from the insurance vehicle manufacturers should not agency stated that based on information company at the time of the MBUSA determine regulatory policy involving provided by MBUSA, it appeared the application was promising. The vehicle safety. proposed lighting equipment provided company reported that with respect to In January 2009, Daimler, through a at least an equivalent level of safety to 416 vehicles equipped with the flashing submission by Hogan & Hartson LLP, the lighting equipment required by stop lamp feature, there were a total of supplied additional information related FMVSS No. 108. Furthermore, NHTSA 5 reported crashes and of these only one to the experience of flashing stop lamps decided that granting the request would involved activation of the feature. It said in Germany. This submission referenced be in the public interest, because the there were a total of 94 reported crashes data samples representing half of police- new field data obtained by MBUSA in a group of 4,507 vehicles without the reported crashes in Germany for several through the temporary exemption flashing stop lamp feature. This, the years and characterized a preliminary would enable the agency to make more company said, translates into a ‘‘crash positive safety trend, which was not informed decisions regarding the effect ratio per month’’ for vehicles with the able to be considered a stable result due of the flashing stop lamp signaling flashing stop lamp feature of to the low number of rear end crashes systems on motor vehicle safety. In 11.44688645 as compared to a ratio of for Mercedes vehicles. In April 2010, accordance with 49 CFR 555.6(b)(5), 19.86328146 for vehicles without the MBUSA submitted an additional MBUSA was permitted to sell up to feature. comment in support of its petition. It ‘‘ 2,500 exempted vehicles in any twelve- MBUSA also indicated that data from indicated that, to date, MBUSA/Daimler Germany has also been promising.’’ month period within the two-year has sold approximately 4,700 vehicles While intending to monitor a German exemption period. with flashing stop lamps in the United database with the acronym GIDAS and States during the pendency of the data from Germany’s Federal Statistical 1 See S5.5.10 of 49 CFR 571.108. Turn signal exemption. It stated, however, that the lamps, hazard warning signal lamps, and school bus Office, MBUSA, in its application, warning lamps shall be wired to flash. Headlamps indicated that there have thus far been 2 We note that under 49 CFR 555.8(e), if an and side marker lamps may be wired to flash for no GIDAS investigations involving application for renewal of a temporary exemption signaling purposes. Motorcycle headlamps may be vehicles equipped with flashing stop that meets the requirements of § 555.5 has been wired to allow either its upper beam or its lower filed not later than 60 days before the termination beam, but not both, to modulate from a higher lamps among the approximately 1,000 date of an exemption, the exemption does not intensity to a lower intensity in accordance with in depth crash investigations performed terminate until the Administrator grants or denies section S7.9. for GIDAS every year. The company the application for renewal.

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limited volume of vehicles permitted to exemption would contribute to this claims. MBUSA received only one be sold each year in the United States objective. dealer input, but in early November under this type of exemption creates a 2007 received input from an insurance IV. Agency Analysis and Decision fundamental impediment to being able company that insures about 20% of the to use statistical analysis to show the After carefully considering the vehicles that have been sold in the impact of a crash avoidance feature MBUSA application for renewal of the United States with the flashing stop controlled for other influences on the temporary exemption from S5.5.10 of lamp feature. The data collected to date results. MBUSA stated that the data FMVSS No. 108 and the public from the insurance company is available in the United States cannot, comments, we have decided to deny the promising. The crash ratio per month of due to the limited numbers of vehicles petition. The reasons for this decision these vehicles with the flashing stop sold, statistically support in just a few are explained below. lamp feature is 11.44688645; whereas years an analysis showing the number of We note that prior to the submission the crash ratio per month of the same crashes avoided because drivers were of MBUSA’s original petition for vehicles without the feature was alerted to an emergency situation temporary exemption, NHTSA had 19.86328146.’’ through flashing stop lamps. denied that company’s petition for A footnote to this paragraph provided MBUSA claimed that it is clear that rulemaking to permanently amend by MBUSA in its application explained, flashing stop lamps do not otherwise FMVSS No. 108 to allow flashing brake ‘‘There were a total of 5 reported crashes impair any of the important benefits of signaling systems. Among the reasons with regard to vehicles with the other rear lamps. It also claimed that for the denial was the need for emergency braking feature, of 416 data being developed in other markets additional data on safety benefits of vehicles, and a total of 94 reported does support the safety benefits of flashing brake lamps. crashes with regard to the 4507 vehicles In granting the original petition for flashing stop lamps. without emergency brake assist. Daimler temporary exemption in January 2006, In its April 2010 submission, MBUSA has since learned, based on more we stated that we believed a temporary provided a further update to the detailed information, that at least 4 of exemption was in the public interest the 5 vehicles involved in the crashes information it had previously submitted because the new field data obtained with the feature did not involve concerning data from Germany. It stated through the temporary exemption activation of the feature, indicating an that the data from Germany continues to would enable the agency to make more even lower crash per month ratio.’’ indicate a positive trend, with crash informed decisions regarding the effect NHTSA made the following rates for vehicles equipped with of flashing brake signaling systems on determinations regarding the data and flashing stop lamps slightly lower than motor vehicle safety. We also noted that information presented. First, the agency those for comparable vehicles without the agency was conducting research is struck by the low level of the feature. It also stated that since this concerning enhanced rear signaling. participation by what would seem to be feature is now available on all Mercedes We noted, however, that some of the critical players in a research crash data vehicles sold in Germany and other benefits associated with signal lamps collection effort, specifically insurance markets, the trend is expected to be relate to standardization. We stated that carriers and dealers. The agency is more defined and easier to interpret in we had not made any determination as concerned about the level of effort the coming years. In addition, MBUSA to whether it would be appropriate to devoted to the research plan on which noted that the exposure of vehicles with permit flashing stop lamps more the original 2-year temporary exemption flashing stop lamps remains too low to generally. from S5.5.10 of FMVSS No. 108 was derive statistical conclusions from the In considering MBUSA’s application based. Beyond this, there is no data. for renewal of the temporary exemption, indication in the data presented, based In addition, MBUSA stated that the we have evaluated whether a renewal on only 20 percent of the vehicles in the United States should contribute to the would be in the public interest. As part U.S. equipped with the flashing stop growing body of international data on of this, we have considered whether the signaling system, as to the nature of the flashing stop lamps to the extent additional field data that would be crashes involved. It is suggested from permitted by the regulation. It stated obtained as a result of a renewed the information provided by MBUSA that a number of manufacturers are exemption would enhance, in a that four of the five crashes discussed offering this feature in other markets in meaningful way, the agency’s ability to earlier were not rear end collisions and increasing numbers. MBUSA argued make more informed decisions in this that one of the crashes occurred because that the agency’s decision should not be area. Based on the available it was the only case in which the based on whether the exemption would information, we have concluded that the flashing stop lamp signaling system was create a database that can conclusively answer is no. activated. In any event, there is not demonstrate a statistical benefit, but First, after reviewing the material in enough information presented in should instead base its decision on the renewal request, we are concerned MBUSA’s request for renewal of its being able to contribute to the growing that MBUSA has not established a exemption to know. The nature of all body of international data with rigorous crash evaluation and data the crashes involved is important experience from the United States. It collection program in the U.S. for its information to know in assessing the stated that while the data set will be flashing stop lamp system. As such, we data presented. necessarily small because of the believe that a continuation of the It does not appear, based upon the regulatory limitations, the experience is current efforts would not yield data provided by MBUSA, that there is necessary to show that the limited additional insight into the anticipated a robust program to evaluate acceptance exposure in the United States remains benefits of such a rear signaling system. of the flashing stop lamps among the consistent with the more robust In its application for renewal, the American public or whether risk might experience found in other markets. petitioner included the following be transferred to vehicles without the MBUSA also argued that flashing stop paragraph: flashing stop lamps by acting as a lamps can contribute to the reduction of ‘‘Daimler’s plan for monitoring the distraction from other on-road events. crashes associated with distracted experience of these vehicles focused on The agency notes that MBUSA indicated driving, and that continuing the both dealer inputs and insurance that it had, on the date of its application

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for extension, received input from only MBUSA also mentioned the fact that obtained as a result of a renewed one dealer. the flashing stop lamp signaling system exemption would enhance, in a Also, MBUSA did not make it is permitted in Europe in support of an meaningful way, NHTSA’s ability to possible for NHTSA to evaluate its extension of its temporary exemption make more informed decisions suggested claims of potential safety from S5.5.10 of FMVSS No. 108. While concerning anticipated benefits of benefits of its flashing stop lamp system NHTSA is always interested in actions flashing brake lamps. Moreover, as because its application for renewal and taken in other parts of the world, there noted earlier, some of the benefits the data provided to NHTSA to date is nothing presented in MBUSA’s associated with signal lamps relate to does not clearly identify how it will request for renewal relating to safety standardization. We have therefore appropriately track applicable rear end benefits and crash reduction data concluded that it would not be in public collisions in the United States, and does provided to the European regulatory interest to renew this exemption, and not include an explanation of the authorities. We note the data from we are denying the application. comparisons cited in its application. Germany referenced in MBUSA’s In order to allow MBUSA adequate Without definitions of the comparison renewal request is not any more time to make the necessary production groups, raw data, and a description of effective in shedding light on the changes, we are making this decision to the calculations made, the MBUSA effectiveness of the flashing stop lamp deny the request effective 60 days after claim of potential safety benefits is not signaling system in preventing rear end publication of this notice. supported. collisions. The request notes that the Issued: May 17, 2010. Moreover, even if MBUSA were to ‘‘GIDAS database’’, which includes ‘‘about 1,000 in depth crash Stephen R. Kratzke, develop a more robust evaluation Associate Administrator for Rulemaking. program, it is not clear how the investigations each year’’ thus far has [FR Doc. 2010–12190 Filed 5–20–10; 8:45 am] additional vehicles produced as a result not included investigations of vehicles of an extended exemption would equipped with the flashing stop lamp BILLING CODE 4910–59–P provide significant additional data on signaling system. No conclusion can be drawn from this fact. The request safety benefits of flashing stop lamps. DEPARTMENT OF TRANSPORTATION As indicated above, MBUSA stated in indicated that crash statistics have been received for 2005 and 2006 from the its recent comments that the data Federal Motor Carrier Safety Federal Statistical Office. The crash data available in the United States cannot, Administration due to the limited numbers of vehicles is ‘‘subject to a significant degree of that can be sold under a temporary statistical scatter,’’ MBUSA says, but [Docket ID FMCSA–2010–0115] exemption, statistically support in just a maintains the data ‘‘shows a decrease of rear impacts compared to other Qualification of Drivers; Exemption few years an analysis showing the Applications; Diabetes Mellitus number of crashes avoided because Mercedes-Benz passenger cars, and an drivers were alerted to an emergency experience for 2006 that shows a slight AGENCY: Federal Motor Carrier Safety situation through flashing stop lamps. increase in rear impacts but which is Administration (FMCSA). also comparable to the experience with The petitioner argued that the ACTION: the control group without the feature.’’ Notice of applications for agency’s decision should not be based Again, this information is exemptions from the diabetes mellitus on whether the exemption would create inconclusive. There is no indication of standard; request for comments. a database that can conclusively the sample size involved and the demonstrate a statistical benefit, but SUMMARY: FMCSA announces receipt of number of crashes on which MBUSA applications from 37 individuals for NHTSA should instead base its decision makes its assertions as to the impact of on being able to contribute to the exemptions from the prohibition against the flashing stop lamp signaling system. persons with insulin-treated diabetes growing body of international data with The agency does not know what experience from the United States. It mellitus (ITDM) operating commercial MBUSA means when it says the crash motor vehicles (CMVs) in interstate stated that while the data set will be data is subject to a ‘‘significant degree of necessarily small because of the commerce. If granted, the exemptions statistical scatter’’ and the impact it has would enable these individuals with regulatory limitations, the experience is on the conclusion suggested by MBUSA necessary to show that the limited ITDM to operate CMVs in interstate or the likelihood that the larger sample commerce. exposure in the United States remains will be enough for statistically consistent with the more robust significant conclusions. DATES: Comments must be received on experience found in other markets. MBUSA also argued that flashing stop or before June 21, 2010. However, MBUSA has already sold lamps can contribute to the reduction of ADDRESSES: You may submit comments approximately 4700 vehicles with crashes associated with distracted bearing the Federal Docket Management flashing stop lamps in the United States driving, and that continuing the System (FDMS) Docket ID FMCSA– during the pendency of the existing exemption would contribute to this 2010–0115 using any of the following exemption, and it has not provided any objective. However, while NHTSA is methods: specific explanation as to how a two interested in potential safety benefits of • Federal eRulemaking Portal: Go to year extension resulting in potentially enhanced rear signaling, MBUSA has http://www.regulations.gov. Follow the up to 5000 additional vehicles in this not shown how extending the on-line instructions for submitting country would result in significant exemption would result in significant comments. additional meaningful data concerning meaningful data concerning safety • Mail: Docket Management Facility; safety benefits of flashing brake lamps. benefits of flashing stop lamps. U.S. Department of Transportation, 1200 Also, it is unclear how extending the After considering the available New Jersey Avenue, SE., West Building exemption in this country would information, we have concluded that Ground Floor, Room W12–140, facilitate the analysis of the German MBUSA has not provided adequate Washington, DC 20590–0001. data, especially given the difference in justification for renewal of the • Hand Delivery: West Building the sizes of the relevant vehicle exemption. It has not shown that the Ground Floor, Room W12–140, 1200 populations. additional field data that would be New Jersey Avenue, SE., Washington,

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DC, between 9 a.m. and 5 p.m., Monday the qualifications of each applicant to CMV safely. Mr. Charlton meets the through Friday, except Federal holidays. determine whether granting the requirements of the vision standard at • Fax: 1–202–493–2251. exemption will achieve the required 49 CFR 391.41(b)(10). His Each submission must include the level of safety mandated by the statutes. ophthalmologist examined him in 2010 Agency name and the docket ID for this and certified that he has stable Qualifications of Applicants Notice. Note that DOT posts all nonproliferative diabetic retinopathy. comments received without change to Billy Banks He holds a Class A Commercial Driver’s License (CDL) from Utah. http://www.regulations.gov, including Mr. Banks, age 45, has had ITDM any personal information included in a since 1999. His endocrinologist Stuart A. Dietz comment. Please see the Privacy Act examined him in 2010 and certified that Mr. Dietz, 60, has had ITDM since heading below. he has had no hypoglycemic reactions Docket: For access to the docket to 2005. His endocrinologist examined him resulting in loss of consciousness, read background documents or in 2009 and certified that he has had no requiring the assistance of another comments, go to http:// hypoglycemic reactions resulting in loss person, or resulting in impaired www.regulations.gov at any time or of consciousness, requiring the cognitive function that occurred without Room W12–140 on the ground level of assistance of another person, or warning in the past 5 years; understands the West Building, 1200 New Jersey resulting in impaired cognitive function diabetes management and monitoring; Avenue, SE., Washington, DC, between that occurred without warning in the and has stable control of his diabetes 9 a.m. and 5 p.m., Monday through past 5 years; understands diabetes mellitus using insulin, and is able to Friday, except Federal holidays. The management and monitoring; and has drive a CMV safely. Mr. Banks meets the FDMS is available 24 hours each day, stable control of his diabetes mellitus requirements of the vision standard at 365 days each year. If you want using insulin, and is able to drive a 49 CFR 391.41(b)(10). His acknowledgment that we received your CMV safely. Mr. Dietz meets the ophthalmologist examined him in 2010 comments, please include a self- requirements of the vision standard at and certified that he has stable addressed, stamped envelope or 49 CFR 391.41(b)(10). His proliferative diabetic retinopathy. He postcard or print the acknowledgement ophthalmologist examined him in 2009 holds a Class E operator’s license from page that appears after submitting and certified that he does not have New York which allows him to operate comments on-line. diabetic retinopathy. He holds a Class A a vehicle with a gross vehicle weight Privacy Act: Anyone may search the CDL from Kansas. rating (GVWR) of 26,000 lbs. electronic form of all comments Marie C. Eddy received into any of our dockets by the Joseph P. Beagan Ms. Eddy, 50, has had ITDM since name of the individual submitting the Mr. Beagan, 45, has had ITDM since 1991. Her endocrinologist examined her comment (or of the person signing the 1979. His endocrinologist examined him in 2009 and certified that she has had comment, if submitted on behalf of an in 2010 and certified that he has had no no hypoglycemic reactions resulting in association, business, labor union, etc.). hypoglycemic reactions resulting in loss loss of consciousness, requiring the You may review the DOT’s complete of consciousness, requiring the assistance of another person, or Privacy Act Statement in the Federal assistance of another person, or resulting in impaired cognitive function Register published on April 11, 2000 resulting in impaired cognitive function that occurred without warning in the (65 FR 19476). This information is also that occurred without warning in the past 5 years; understands diabetes available at http://www.regulations.gov. past 5 years; understands diabetes management and monitoring; and has FOR FURTHER INFORMATION CONTACT: Dr. management and monitoring; and has stable control of her diabetes mellitus Mary D. Gunnels, Director, Medical stable control of his diabetes mellitus using insulin, and is able to drive a Programs, (202) 366–4001, using insulin, and is able to drive a CMV safely. Ms. Eddy meets the [email protected], FMCSA, CMV safely. Mr. Beagan meets the requirements of the vision standard at Department of Transportation, 1200 requirements of the vision standard at 49 CFR 391.41(b)(10). Her New Jersey Avenue, SE., Room W64– 49 CFR 391.41(b)(10). His ophthalmologist examined her in 2009 224, Washington, DC 20590–0001. ophthalmologist examined him in 2010 and certified that she has stable Office hours are from 8:30 a.m. to 5 and certified that he does not have nonproliferative diabetic retinopathy. p.m., Monday through Friday, except diabetic retinopathy. He holds a Class She holds a Class D operator’s license Federal holidays. 10 operator’s license from Rhode Island, from Vermont. SUPPLEMENTARY INFORMATION: which allows him to operate any motor vehicle except a motorcycle and a Michael G. Eikenberry Background vehicle that weighs more than 26,000 Mr. Eikenberry, 55, has had ITDM Under 49 U.S.C. 31136(e) and 31315, pounds. since 2008. His endocrinologist FMCSA may grant an exemption for a 2- examined him in 2009 and certified that year period if it finds ‘‘such exemption John M. Charlton he has had no hypoglycemic reactions would likely achieve a level of safety Mr. Charlton, 34, has had ITDM since resulting in loss of consciousness, that is equivalent to, or greater than, the 1990. His endocrinologist examined him requiring the assistance of another level that would be achieved absent in 2010 and certified that he has had no person, or resulting in impaired such exemption.’’ The statute also hypoglycemic reactions resulting in loss cognitive function that occurred without allows the Agency to renew exemptions of consciousness, requiring the warning in the past 5 years; understands at the end of the 2-year period. The 37 assistance of another person, or diabetes management and monitoring; individuals listed in this notice have resulting in impaired cognitive function and has stable control of his diabetes recently requested an exemption from that occurred without warning in the mellitus using insulin, and is able to the diabetes prohibition in 49 CFR past 5 years; understands diabetes drive a CMV safely. Mr. Eikenberry 391.41(b)(3), which applies to drivers of management and monitoring; and has meets the requirements of the vision CMV in interstate commerce. stable control of his diabetes mellitus standard at 49 CFR 391.41(b)(10). His Accordingly, the Agency will evaluate using insulin, and is able to drive a optometrist examined him in 2009 and

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certified that he does not have diabetic Jason C. Green hypoglycemic reactions resulting in loss retinopathy. He holds a Class A CDL Mr. Green, 35, has had ITDM since of consciousness, requiring the from Indiana. 2008. His endocrinologist examined him assistance of another person, or resulting in impaired cognitive function Francisco K. Gallardo in 2009 and certified that he has had no hypoglycemic reactions resulting in loss that occurred without warning in the Mr. Gallardo, 50, has had ITDM since of consciousness, requiring the past 5 years; understands diabetes management and monitoring; and has 2005. His endocrinologist examined him assistance of another person, or stable control of his diabetes mellitus in 2010 and certified that he has had no resulting in impaired cognitive function using insulin, and is able to drive a hypoglycemic reactions resulting in loss that occurred without warning in the past 5 years; understands diabetes CMV safely. Mr. Harbin meets the of consciousness, requiring the requirements of the vision standard at assistance of another person, or management and monitoring; and has stable control of his diabetes mellitus 49 CFR 391.41(b)(10). His optometrist resulting in impaired cognitive function examined him in 2010 and certified that that occurred without warning in the using insulin, and is able to drive a CMV safely. Mr. Green meets the he does not have diabetic retinopathy. past 5 years; understands diabetes He holds a Class A CDL from Arkansas. management and monitoring; and has requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist stable control of his diabetes mellitus Timothy R. Hefling examined him in 2010 and certified that using insulin, and is able to drive a Mr. Hefling, 48, has had ITDM since he does not have diabetic retinopathy. 2009. His endocrinologist examined him CMV safely. Mr. Gallardo meets the He holds a Class R operator’s license in 2009 and certified that he has had no requirements of the vision standard at from Mississippi, which allows him to hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His drive any non-commercial vehicle of consciousness, requiring the ophthalmologist examined him in 2009 except motorcycles. and certified that he has stable assistance of another person, or nonproliferative diabetic retinopathy. Kimmy D. Hall resulting in impaired cognitive function He holds a Class D operator’s license Mr. Hall, 51, has had ITDM since that occurred without warning in the from Arizona. 1983. His endocrinologist examined him past 5 years; understands diabetes in 2010 and certified that he has had no management and monitoring; and has John P. Gould hypoglycemic reactions resulting in loss stable control of his diabetes mellitus using insulin, and is able to drive a Mr. Gould, 44, has had ITDM since of consciousness, requiring the assistance of another person, or CMV safely. Mr. Hefling meets the 1982. His endocrinologist examined him requirements of the vision standard at in 2010 and certified that he has had no resulting in impaired cognitive function that occurred without warning in the 49 CFR 391.41(b)(10). His hypoglycemic reactions resulting in loss ophthalmologist examined him in 2009 of consciousness, requiring the past 5 years; understands diabetes management and monitoring; and has and certified that he has stable assistance of another person, or stable control of his diabetes mellitus proliferative diabetic retinopathy. He resulting in impaired cognitive function using insulin, and is able to drive a holds a Class A CDL from Indiana. that occurred without warning in the CMV safely. Mr. Hall meets the Christopher M. Hultman past 5 years; understands diabetes requirements of the vision standard at management and monitoring; and has 49 CFR 391.41(b)(10). His Mr. Hultman, 29, has had ITDM since stable control of his diabetes mellitus ophthalmologist examined him in 2009 1993. His endocrinologist examined him using insulin, and is able to drive a and certified that he has stable in 2010 and certified that he has had no CMV safely. Mr. Gould meets the nonproliferative diabetic retinopathy. hypoglycemic reactions resulting in loss requirements of the vision standard at He holds a Class B CDL from Arkansas. of consciousness, requiring the 49 CFR 391.41(b)(10). His optometrist assistance of another person, or examined him in 2010 and certified that Bruce G. Hammill, Jr. resulting in impaired cognitive function he does not have diabetic retinopathy. Mr. Hammill, 32, has had ITDM since that occurred without warning in the He holds a Class D operator’s license 2008. His endocrinologist examined him past 5 years; understands diabetes from Alaska. in 2010 and certified that he has had no management and monitoring; and has hypoglycemic reactions resulting in loss stable control of his diabetes mellitus David B. Graef of consciousness, requiring the using insulin, and is able to drive a CMV safely. Mr. Hultman meets the Mr. Graef, 44, has had ITDM since assistance of another person, or requirements of the vision standard at 2009. His endocrinologist examined him resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist in 2009 and certified that he has had no that occurred without warning in the past 5 years; understands diabetes examined him in 2010 and certified that hypoglycemic reactions resulting in loss management and monitoring; and has he does not have diabetic retinopathy. of consciousness, requiring the stable control of his diabetes mellitus He holds a Class B CDL from Wisconsin. assistance of another person, or using insulin, and is able to drive a Michael R. Jackson resulting in impaired cognitive function CMV safely. Mr. Hammill meets the that occurred without warning in the requirements of the vision standard at Mr. Jackson, 48, has had ITDM since past 5 years; understands diabetes 49 CFR 391.41(b)(10). His 1998. His endocrinologist examined him management and monitoring; and has ophthalmologist examined him in 2010 in 2010 and certified that he has had no stable control of his diabetes mellitus and certified that he does not have hypoglycemic reactions resulting in loss using insulin, and is able to drive a diabetic retinopathy. He holds a Class B of consciousness, requiring the CMV safely. Mr. Graef meets the CDL from California. assistance of another person, or requirements of the vision standard at resulting in impaired cognitive function 49 CFR 391.41(b)(10). His optometrist Edward G. Harbin that occurred without warning in the examined him in 2010 and certified that Mr. Harbin, 29, has had ITDM since past 5 years; understands diabetes he does not have diabetic retinopathy. 2009. His endocrinologist examined him management and monitoring; and has He holds a Class A CDL from Indiana. in 2010 and certified that he has had no stable control of his diabetes mellitus

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using insulin, and is able to drive a nonproliferative diabetic retinopathy. H. Alan Miller CMV safely. Mr. Jackson meets the He holds a Class A CDL from Mr. Miller, 54, has had ITDM since requirements of the vision standard at Minnesota. 2009. His endocrinologist examined him 49 CFR 391.41(b)(10). His John F. Lohmuller in 2009 and certified that he has had no ophthalmologist examined him in 2010 hypoglycemic reactions resulting in loss Mr. Lohmuller, 55, has had ITDM and certified that he does not have of consciousness, requiring the since 2009. His endocrinologist diabetic retinopathy. He holds a Class 2 assistance of another person, or examined him in 2010 and certified that operator’s license from Connecticut. resulting in impaired cognitive function he has had no hypoglycemic reactions that occurred without warning in the Gerald A. Johnson resulting in loss of consciousness, past 5 years; understands diabetes Mr. Johnson, 48, has had ITDM since requiring the assistance of another management and monitoring; and has 2008. His endocrinologist examined him person, or resulting in impaired stable control of his diabetes mellitus in 2010 and certified that he has had no cognitive function that occurred without using insulin, and is able to drive a hypoglycemic reactions resulting in loss warning in the past 5 years; understands CMV safely. Mr. Miller meets the of consciousness, requiring the diabetes management and monitoring; requirements of the vision standard at assistance of another person, or and has stable control of his diabetes 49 CFR 391.41(b)(10). His optometrist resulting in impaired cognitive function mellitus using insulin, and is able to examined him in 2009 and certified that that occurred without warning in the drive a CMV safely. Mr. Lohmuller he does not have diabetic retinopathy. past 5 years; understands diabetes meets the requirements of the vision He holds a Class B CDL from Oregon. management and monitoring; and has standard at 49 CFR 391.41(b)(10). His stable control of his diabetes mellitus ophthalmologist examined him in 2009 Andrew D. Monson using insulin, and is able to drive a and certified that he does not have Mr. Monson, 36, has had ITDM since CMV safely. Mr. Johnson meets the diabetic retinopathy. He holds a Class A 2010. His endocrinologist examined him requirements of the vision standard at CDL from Indiana. in 2010 and certified that he has had no 49 CFR 391.41(b)(10). His optometrist Rodney A. Markham hypoglycemic reactions resulting in loss examined him in 2010 and certified that of consciousness, requiring the Mr. Markham, 54, has had ITDM since he does not have diabetic retinopathy. assistance of another person, or 2009. His endocrinologist examined him He holds a Class A CDL from resulting in impaired cognitive function in 2010 and certified that he has had no Wisconsin. that occurred without warning in the hypoglycemic reactions resulting in loss past 5 years; understands diabetes Jay T. Kirschmann of consciousness, requiring the management and monitoring; and has Mr. Kirschmann, 32, has had ITDM assistance of another person, or stable control of his diabetes mellitus since 1985. His endocrinologist resulting in impaired cognitive function using insulin, and is able to drive a examined him in 2010 and certified that that occurred without warning in the CMV safely. Mr. Monson meets the he has had no hypoglycemic reactions past 5 years; understands diabetes requirements of the vision standard at resulting in loss of consciousness, management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist requiring the assistance of another stable control of his diabetes mellitus examined him in 2010 and certified that person, or resulting in impaired using insulin, and is able to drive a he does not have diabetic retinopathy. cognitive function that occurred without CMV safely. Mr. Markham meets the He holds a Class A CDL from warning in the past 5 years; understands requirements of the vision standard at Minnesota. diabetes management and monitoring; 49 CFR 391.41(b)(10). His optometrist and has stable control of his diabetes examined him in 2010 and certified that Cheryl T. Murphy mellitus using insulin, and is able to he does not have diabetic retinopathy. Ms. Murphy, 50, has had ITDM since drive a CMV safely. Mr. Kirschmann He holds a Class A CDL from 2008. Her endocrinologist examined her meets the requirements of the vision Wisconsin. in 2010 and certified that she has had standard at 49 CFR 391.41(b)(10). His Christopher P. Martin no hypoglycemic reactions resulting in optometrist examined him in 2010 and loss of consciousness, requiring the certified that he does not have diabetic Mr. Martin, 31, has had ITDM since assistance of another person, or retinopathy. He holds a Class D 1990. His endocrinologist examined him resulting in impaired cognitive function operator’s license from North Dakota. in 2009 and certified that he has had no that occurred without warning in the hypoglycemic reactions resulting in loss Duane K. Kohls past 5 years; understands diabetes of consciousness, requiring the management and monitoring; and has Mr. Kohls, 55, has had ITDM since assistance of another person, or stable control of her diabetes mellitus 1997. His endocrinologist examined him resulting in impaired cognitive function using insulin, and is able to drive a in 2010 and certified that he has had no that occurred without warning in the CMV safely. Ms. Murphy meets the hypoglycemic reactions resulting in loss past 5 years; understands diabetes requirements of the vision standard at of consciousness, requiring the management and monitoring; and has 49 CFR 391.41(b)(10). Her assistance of another person, or stable control of his diabetes mellitus ophthalmologist examined her in 2009 resulting in impaired cognitive function using insulin, and is able to drive a and certified that she does not have that occurred without warning in the CMV safely. Mr. Martin meets the diabetic retinopathy. She holds a Class past 5 years; understands diabetes requirements of the vision standard at D operator’s license from Washington, management and monitoring; and has 49 CFR 391.41(b)(10). His DC. stable control of his diabetes mellitus ophthalmologist examined him in 2009 using insulin, and is able to drive a and certified that he has stable Kurt D. Oertelt CMV safely. Mr. Kohls meets the nonproliferative diabetic retinopathy. Mr. Oertelt, 59, has had ITDM since requirements of the vision standard at He holds a Class OPR–MC operator’s 2009. His endocrinologist examined him 49 CFR 391.41(b)(10). His license from New Hampshire, which in 2010 and certified that he has had no ophthalmologist examined him in 2010 allows him to drive any non-commercial hypoglycemic reactions resulting in loss and certified that he has stable vehicle. of consciousness, requiring the

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assistance of another person, or using insulin, and is able to drive a and certified that he does not have resulting in impaired cognitive function CMV safely. Mr. Rolfe meets the diabetic retinopathy. He holds a Class A that occurred without warning in the requirements of the vision standard at CDL from North Dakota. past 5 years; understands diabetes 49 CFR 391.41(b)(10). His optometrist Darren G. Steil management and monitoring; and has examined him in 2010 and certified that stable control of his diabetes mellitus he does not have diabetic retinopathy. Mr. Steil, 41, has had ITDM since using insulin, and is able to drive a He holds a Class A CDL from Maine. 1986. His endocrinologist examined him CMV safely. Mr. Oertelt meets the in 2009 and certified that he has had no Ross R. Romano requirements of the vision standard at hypoglycemic reactions resulting in loss 49 CFR 391.41(b)(10). His Mr. Romano, 23, has had ITDM since of consciousness, requiring the ophthalmologist examined him in 2009 2000. His endocrinologist examined him assistance of another person, or and certified that he does not have in 2010 and certified that he has had no resulting in impaired cognitive function diabetic retinopathy. He holds a Class B hypoglycemic reactions resulting in loss that occurred without warning in the CDL from New York. of consciousness, requiring the past 5 years; understands diabetes assistance of another person, or management and monitoring; and has Joseph M. Pirrello resulting in impaired cognitive function stable control of his diabetes mellitus Mr. Pirrello, 56, has had ITDM since that occurred without warning in the using insulin, and is able to drive a 2008. His endocrinologist examined him past 5 years; understands diabetes CMV safely. Mr. Steil meets the in 2009 and certified that he has had no management and monitoring; and has requirements of the vision standard at hypoglycemic reactions resulting in loss stable control of his diabetes mellitus 49 CFR 391.41(b)(10). His optometrist of consciousness, requiring the using insulin, and is able to drive a examined him in 2010 and certified that assistance of another person, or CMV safely. Mr. Romano meets the he does not have diabetic retinopathy. resulting in impaired cognitive function requirements of the vision standard at He holds a Class A CDL from Iowa. that occurred without warning in the 49 CFR 391.41(b)(10). His optometrist past 5 years; understands diabetes examined him in 2010 and certified that Jason D. Sweet management and monitoring; and has he does not have diabetic retinopathy. Mr. Sweet, 34, has had ITDM since stable control of his diabetes mellitus He holds a Class O operator’s license 2007. His endocrinologist examined him using insulin, and is able to drive a from Michigan, which allows him to in 2009 and certified that he has had no CMV safely. Mr. Pirrello meets the drive any non-commercial vehicle hypoglycemic reactions resulting in loss requirements of the vision standard at except motorcycles of consciousness, requiring the 49 CFR 391.41(b)(10). His assistance of another person, or Max S. Sklarski ophthalmologist examined him in 2010 resulting in impaired cognitive function and certified that he does not have Mr. Sklarski, 61, has had ITDM since that occurred without warning in the diabetic retinopathy. He holds a Class D 2007. His endocrinologist examined him past 5 years; understands diabetes operator’s license from New Jersey. in 2009 and certified that he has had no management and monitoring; and has hypoglycemic reactions resulting in loss stable control of his diabetes mellitus Audrey R. Roddy of consciousness, requiring the using insulin, and is able to drive a Ms. Roddy, 44, has had ITDM since assistance of another person, or CMV safely. Mr. Sweet meets the 2001. Her endocrinologist examined her resulting in impaired cognitive function requirements of the vision standard at in 2009 and certified that she has had that occurred without warning in the 49 CFR 391.41(b)(10). His no hypoglycemic reactions resulting in past 5 years; understands diabetes ophthalmologist examined him in 2010 loss of consciousness, requiring the management and monitoring; and has and certified that he does not have assistance of another person, or stable control of his diabetes mellitus diabetic retinopathy. He holds a Class C resulting in impaired cognitive function using insulin, and is able to drive a operator’s license from California. that occurred without warning in the CMV safely. Mr. Sklarski meets the past 5 years; understands diabetes requirements of the vision standard at Robert M. Thomson management and monitoring; and has 49 CFR 391.41(b)(10). His optometrist Mr. Thomson, 37, has had ITDM since stable control of her diabetes mellitus examined him in 2009 and certified that 2002. His endocrinologist examined him using insulin, and is able to drive a he does not have diabetic retinopathy. in 2010 and certified that he has had no CMV safely. Ms. Roddy meets the He holds a Class A CDL from New hypoglycemic reactions resulting in loss requirements of the vision standard at Mexico. of consciousness, requiring the 49 CFR 391.41(b)(10). Her assistance of another person, or Gerald J. Solwey ophthalmologist examined her in 2009 resulting in impaired cognitive function and certified that she does not have Mr. Solwey, 63, has had ITDM since that occurred without warning in the diabetic retinopathy. She holds a Class 2009. His endocrinologist examined him past 5 years; understands diabetes B CDL from Michigan. in 2009 and certified that he has had no management and monitoring; and has hypoglycemic reactions resulting in loss stable control of his diabetes mellitus Theodore J. Rolfe of consciousness, requiring the using insulin, and is able to drive a Mr. Rolfe, 42, has had ITDM since assistance of another person, or CMV safely. Mr. Thomson meets the 2006. His endocrinologist examined him resulting in impaired cognitive function requirements of the vision standard at in 2010 and certified that he has had no that occurred without warning in the 49 CFR 391.41(b)(10). His hypoglycemic reactions resulting in loss past 5 years; understands diabetes ophthalmologist examined him in 2010 of consciousness, requiring the management and monitoring; and has and certified that he has stable assistance of another person, or stable control of his diabetes mellitus nonproliferative diabetic retinopathy. resulting in impaired cognitive function using insulin, and is able to drive a He holds a Class B CDL from Illinois. that occurred without warning in the CMV safely. Mr. Solwey meets the past 5 years; understands diabetes requirements of the vision standard at Kevin R. Welch management and monitoring; and has 49 CFR 391.41(b)(10). His Mr. Welch, 50, has had ITDM since stable control of his diabetes mellitus ophthalmologist examined him in 2009 2009. His endocrinologist examined him

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in 2009 and certified that he has had no the establishment of a specified DATES: The exemptions are effective hypoglycemic reactions resulting in loss minimum period of insulin use to May 21, 2010. The exemptions expire of consciousness, requiring the demonstrate stable control of diabetes on May 21, 2012. assistance of another person, or before being allowed to operate a CMV. FOR FURTHER INFORMATION CONTACT: Dr. resulting in impaired cognitive function In response to section 4129, FMCSA Mary D. Gunnels, Director, Medical that occurred without warning in the made immediate revisions to the Programs, (202) 366–4001, past 5 years; understands diabetes diabetes exemption program established [email protected], FMCSA, management and monitoring; and has by the September 3, 2003 Notice. Department of Transportation, 1200 stable control of his diabetes mellitus FMCSA discontinued use of the 3-year New Jersey Avenue, SE., Room W64– using insulin, and is able to drive a driving experience and fulfilled the 224, Washington, DC 20590–0001. CMV safely. Mr. Welch meets the requirements of section 4129 while Office hours are from 8:30 a.m. to 5 p.m. requirements of the vision standard at continuing to ensure that operation of Monday through Friday, except Federal 49 CFR 391.41(b)(10). His optometrist CMVs by drivers with ITDM will holidays. examined him in 2010 and certified that achieve the requisite level of safety SUPPLEMENTARY INFORMATION: he does not have diabetic retinopathy. required of all exemptions granted He holds a Class A CDL from Florida. under 49 USC. 31136(e). Electronic Access Scott A. Yon Section 4129(d) also directed FMCSA You may see all the comments online to ensure that drivers of CMVs with through the Federal Document Mr. Yon, 44, has had ITDM since ITDM are not held to a higher standard 2009. His endocrinologist examined him Management System (FDMS) at http:// than other drivers, with the exception of www.regulations.gov. in 2010 and certified that he has had no limited operating, monitoring and hypoglycemic reactions resulting in loss Docket: For access to the docket to medical requirements that are deemed read background documents or of consciousness, requiring the medically necessary. FMCSA concluded assistance of another person, or comments, go to http:// that all of the operating, monitoring and www.regulations.gov at any time or resulting in impaired cognitive function medical requirements set out in the that occurred without warning in the Room W12–140 on the ground level of September 3, 2003 Notice, except as the West Building, 1200 New Jersey past 5 years; understands diabetes modified, were in compliance with management and monitoring; and has Avenue, SE., Washington, DC, between section 4129(d). Therefore, all of the 9 a.m. and 5 p.m., Monday through stable control of his diabetes mellitus requirements set out in the September 3, using insulin, and is able to drive a Friday, except Federal holidays. The 2003 Notice, except as modified by the CMV safely. Mr. Yon meets the FDMS is available 24 hours each day, Notice in the Federal Register on requirements of the vision standard at 365 days each year. If you want November 8, 2005 (70 FR 67777), 49 CFR 391.41(b)(10). His acknowledgment that we received your remain in effect. ophthalmologist examined him in 2010 comments, please include a self- and certified that he does not have Issued on: May 13, 2010. addressed, stamped envelope or diabetic retinopathy. He holds a Class A Larry W. Minor, postcard or print the acknowledgement CDL from Pennsylvania. Associate Administrator for Policy and page that appears after submitting Program Development. comments online. Request for Comments [FR Doc. 2010–12186 Filed 5–20–10; 8:45 am] Privacy Act: Anyone may search the In accordance with 49 U.S.C. 31136(e) BILLING CODE 4910–EX–P electronic form of all comments and 31315, FMCSA requests public received into any of our dockets by the comment from all interested persons on name of the individual submitting the the exemption petitions described in DEPARTMENT OF TRANSPORTATION comment (or of the person signing the this Notice. We will consider all comment, if submitted on behalf of an comments received before the close of Federal Motor Carrier Safety association, business, labor union, etc.). business on the closing date indicated Administration You may review the DOT’s complete in the date section of the Notice. Privacy Act Statement in the Federal FMCSA notes that section 4129 of the [Docket ID. FMCSA–2010–0050] Register published on April 11, 2000 Safe, Accountable, Flexible and Qualification of Drivers; Exemption (65 FR 19476). This information is also Efficient Transportation Equity Act: A Applications; Vision available at http://www.regulations.gov. Legacy for Users (SAFETEA–LU) Background requires the Secretary to revise its AGENCY: Federal Motor Carrier Safety diabetes exemption program established Administration (FMCSA), DOT. On March 26, 2010, FMCSA 1 on September 3, 2003 (68 FR 52441). ACTION: Notice of final disposition. published a Notice of receipt of The revision must provide for exemption applications from certain individual assessment of drivers with SUMMARY: FMCSA announces its individuals, and requested comments diabetes mellitus, and be consistent decision to exempt 19 individuals from from the public (75 FR 14656). That with the criteria described in section the vision requirement in the Federal notice listed 19 applicants’ case 4018 of the Transportation Equity Act Motor Carrier Safety Regulations histories. The 19 individuals applied for for the 21st Century (49 U.S.C. 31305). (FMCSRs). The exemptions will enable exemptions from the vision requirement Section 4129 requires: (1) The these individuals to operate commercial in 49 CFR 391.41(b)(10), for drivers who elimination of the requirement for three motor vehicles (CMVs) in interstate operate CMVs in interstate commerce. years of experience operating CMVs commerce without meeting the Under 49 U.S.C. 31136(e) and 31315, while being treated with insulin; and (2) prescribed vision standard. The Agency FMCSA may grant an exemption for a 2- has concluded that granting these year period if it finds ‘‘such exemption 1 Section 4129(a) refers to the 2003 Notice as a exemptions will provide a level of safety would likely achieve a level of safety ‘‘final rule.’’ However, the 2003 Notice did not issue a ‘‘final rule’’ but did establish the procedures and that is equivalent to, or greater than, the that is equivalent to, or greater than, the standards for issuing exemptions for drivers with level of safety maintained without the level that would be achieved absent ITDM. exemptions for these CMV drivers. such exemption.’’ The statute also

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allows the Agency to renew exemptions vision, to the satisfaction of the State. March 26, 1996). The fact that at the end of the 2-year period. While possessing a valid CDL or non- experienced monocular drivers Accordingly, FMCSA has evaluated the CDL, these 19 drivers have been demonstrated safe driving records in the 19 applications on their merits and authorized to drive a CMV in intrastate waiver program supports a conclusion made a determination to grant commerce, even though their vision that other monocular drivers, meeting exemptions to all of them. disqualified them from driving in the same qualifying conditions as those interstate commerce. They have driven required by the waiver program, are also Vision and Driving Experience of the CMVs with their limited vision for likely to have adapted to their vision Applicants careers ranging from 31⁄2 to 40 years. In deficiency and will continue to operate The vision requirement in the the past 3 years, one of the drivers had safely. FMCSRs provides: a conviction for a traffic violation and The first major research correlating A person is physically qualified to three of the drivers were involved in past and future performance was done drive a commercial motor vehicle if that crashes. in England by Greenwood and Yule in person has distant visual acuity of at The qualifications, experience, and 1920. Subsequent studies, building on least 20/40 (Snellen) in each eye medical condition of each applicant that model, concluded that crash rates without corrective lenses or visual were stated and discussed in detail in for the same individual exposed to acuity separately corrected to 20/40 the March 26, 2010 notice (75 FR certain risks for two different time (Snellen) or better with corrective 14656). periods vary only slightly (See Bates lenses, distant binocular acuity of a least and Neyman, University of California Basis for Exemption Determination 20/40 (Snellen) in both eyes with or Publications in Statistics, April 1952). without corrective lenses, field of vision Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of of at least 70° in the horizontal meridian FMCSA may grant an exemption from predicting crash proneness from crash in each eye, and the ability to recognize the vision standard in 49 CFR history coupled with other factors. the colors of traffic signals and devices 391.41(b)(10) if the exemption is likely These factors—such as age, sex, showing standard red, green, and amber to achieve an equivalent or greater level geographic location, mileage driven and (49 CFR 391.41(b)(10)). of safety than would be achieved conviction history—are used every day FMCSA recognizes that some drivers without the exemption. Without the by insurance companies and motor do not meet the vision standard, but exemption, applicants will continue to vehicle bureaus to predict the have adapted their driving to be restricted to intrastate driving. With probability of an individual accommodate their vision limitation the exemption, applicants can drive in experiencing future crashes (See Weber, and demonstrated their ability to drive interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An safely. The 19 exemption applicants focuses on whether an equal or greater Application of Multiple Regression listed in this notice are in this category. level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal They are unable to meet the vision permitting each of these drivers to drive of American Statistical Association, standard in one eye for various reasons, in interstate commerce as opposed to June 1971). A 1964 California Driver including amblyopia, aphakia, cataracts, restricting him or her to driving in Record Study prepared by the California complete loss of vision, demyelinizing intrastate commerce. Department of Motor Vehicles optic neuropathy, macular detachment, To evaluate the effect of these concluded that the best overall crash ocular histoplasmosis, optic nerve exemptions on safety, FMCSA predictor for both concurrent and atrophy prosthesis and retinal considered not only the medical reports nonconcurrent events is the number of detachment. In most cases, their eye about the applicants’ vision, but also single convictions. This study used 3 conditions were not recently developed. their driving records and experience consecutive years of data, comparing the All but 5 of the applicants were either with the vision deficiency. experiences of drivers in the first 2 years born with their vision impairments or To qualify for an exemption from the with their experiences in the final year. have had them since childhood. The 5 vision standard, FMCSA requires a Applying principles from these individuals who sustained their vision person to present verifiable evidence studies to the past 3-year record of the conditions as adults have had them for that he/she has driven a commercial 19 applicants, one of the applicants had periods ranging from 5 to 35 years. vehicle safely with the vision deficiency a traffic violation for speeding and three Although each applicant has one eye for the past 3 years. Recent driving of the drivers were involved in crashes. which does not meet the vision standard performance is especially important in The applicants achieved this record of in 49 CFR 391.41(b)(10), each has at evaluating future safety, according to safety while driving with their vision least 20/40 corrected vision in the other several research studies designed to impairment, demonstrating the eye, and in a doctor’s opinion, has correlate past and future driving likelihood that they have adapted their sufficient vision to perform all the tasks performance. Results of these studies driving skills to accommodate their necessary to operate a CMV. Doctors’ support the principle that the best condition. As the applicants’ ample opinions are supported by the predictor of future performance by a driving histories with their vision applicants’ possession of valid driver is his/her past record of crashes deficiencies are good predictors of commercial driver’s licenses (CDLs) or and traffic violations. Copies of the future performance, FMCSA concludes non-CDLs to operate CMVs. Before studies may be found at docket number their ability to drive safely can be issuing CDLs, States subject drivers to FMCSA–1998–3637. projected into the future. knowledge and skills tests designed to We believe we can properly apply the We believe that the applicants’ evaluate their qualifications to operate a principle to monocular drivers, because intrastate driving experience and history CMV. data from the Federal Highway provide an adequate basis for predicting All these applicants satisfied the Administration’s (FHWA) former waiver their ability to drive safely in interstate testing standards for their State of study program clearly demonstrate the commerce. Intrastate driving, like residence. By meeting State licensing driving performance of experienced interstate operations, involves requirements, the applicants monocular drivers in the program is substantial driving on highways on the demonstrated their ability to operate a better than that of all CMV drivers interstate system and on other roads commercial vehicle, with their limited collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover,

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driving in congested urban areas Conclusion [email protected], FMCSA, Room exposes the driver to more pedestrian Based upon its evaluation of the 19 W64–224, Department of and vehicular traffic than exists on exemption applications, FMCSA Transportation, 1200 New Jersey interstate highways. Faster reaction to exempts, Dean R. Allen, Donald C. Avenue, SE., Washington, DC 20590– traffic and traffic signals is generally Butler, Alan R. Fontaine, Malcolm R. 0001. Office hours are from 8:30 a.m. to required because distances between Heins, Mark Hill, Herbert C. Hirsch, 5 p.m., Monday through Friday, except them are more compact. These Michael D. Kilgore, Joseph J. Kushak, Federal holidays. conditions tax visual capacity and Louis C. Lee, Jason T. Montoya, Doug L. SUPPLEMENTARY INFORMATION: driver response just as intensely as Norman, Richard W. Pierce, Christopher Electronic Access interstate driving conditions. The A. Reineck, Carroll R. Rogers, Kevin L. veteran drivers in this proceeding have Routin, Lane L. Savoie, Richard G. You may see all the comments online operated CMVs safely under those Schumacher, Scott E. Tussey and Todd through the Federal Document conditions for at least 3 years, most for V. Welch from the vision requirement in Management System (FDMS) at: http:// much longer. Their experience and 49 CFR 391.41(b)(10), subject to the www.regulations.gov. driving records lead us to believe that requirements cited above (49 CFR Docket: For access to the docket to each applicant is capable of operating in 391.64(b)). read background documents or interstate commerce as safely as he/she In accordance with 49 U.S.C. 31136(e) comments, go to http:// has been performing in intrastate and 31315, each exemption will be valid www.regulations.gov and/or Room commerce. Consequently, FMCSA finds for 2 years unless revoked earlier by W12–140 on the ground level of the that exempting these applicants from FMCSA. The exemption will be revoked West Building, 1200 New Jersey the vision standard in 49 CFR if: (1) The person fails to comply with Avenue, SE., Washington, DC, between 391.41(b)(10) is likely to achieve a level the terms and conditions of the 9 a.m. and 5 p.m., Monday through of safety equal to that existing without exemption; (2) the exemption has Friday, except Federal holidays. the exemption. For this reason, the resulted in a lower level of safety than Privacy Act: Anyone may search the Agency is granting the exemptions for was maintained before it was granted; or electronic form of all comments the 2-year period allowed by 49 U.S.C. (3) continuation of the exemption would received into any of DOT’s dockets by 31136(e) and 31315 to the 19 applicants not be consistent with the goals and the name of the individual submitting listed in the notice of March 26, 2010 objectives of 49 U.S.C. 31136 and 31315. the comment (or of the person signing (75 FR 14656). If the exemption is still effective at the the comment, if submitted on behalf of We recognize that the vision of an end of the 2-year period, the person may an association, business, labor union, or applicant may change and affect his/her apply to FMCSA for a renewal under other entity). You may review DOT’s ability to operate a CMV as safely as in procedures in effect at that time. complete Privacy Act Statement in the the past. As a condition of the Issued on: May 12, 2010. Federal Register (65 FR 19477, Apr. 11, exemption, therefore, FMCSA will Larry W. Minor, 2000). This statement is also available at impose requirements on the 19 http://www.regulations.gov. individuals consistent with the Associate Administrator for Policy and Program Development. grandfathering provisions applied to Background [FR Doc. 2010–12187 Filed 5–20–10; 8:45 am] drivers who participated in the On March 26, 2010, FMCSA Agency’s vision waiver program. BILLING CODE 4910–EX–P published a Notice of receipt of Federal Those requirements are found at 49 diabetes exemption applications from CFR 391.64(b) and include the DEPARTMENT OF TRANSPORTATION twenty-seven individuals and requested following: (1) That each individual be comments from the public (75 FR physically examined every year (a) by Federal Motor Carrier Safety 14652). The public comment period an ophthalmologist or optometrist who Administration closed on April 26, 2010 and no attests that the vision in the better eye comments were received. continues to meet the standard in 49 [FMCSA Docket No. FMCSA–2010–0051] FMCSA has evaluated the eligibility CFR 391.41(b)(10), and (b) by a medical Qualification of Drivers; Exemption of the twenty-seven applicants and examiner who attests that the individual Applications; Diabetes Mellitus determined that granting the is otherwise physically qualified under exemptions to these individuals would 49 CFR 391.41; (2) that each individual AGENCY: Federal Motor Carrier Safety achieve a level of safety equivalent to, provide a copy of the ophthalmologist’s Administration (FMCSA), DOT. or greater than, the level that would be or optometrist’s report to the medical ACTION: Notice of final disposition. achieved by complying with the current examiner at the time of the annual regulation 49 CFR 391.41(b)(3). medical examination; and (3) that each SUMMARY: FMCSA announces its individual provide a copy of the annual decision to exempt twenty-seven Diabetes Mellitus and Driving medical certification to the employer for individuals from its rule prohibiting Experience of the Applicants retention in the driver’s qualification persons with insulin-treated diabetes The Agency established the current file, or keep a copy in his/her driver’s mellitus (ITDM) from operating standard for diabetes in 1970 because qualification file if he/she is self- commercial motor vehicles (CMVs) in several risk studies indicated that employed. The driver must also have a interstate commerce. The exemptions diabetic drivers had a higher rate of copy of the certification when driving, will enable these individuals to operate crash involvement than the general for presentation to a duly authorized CMVs in interstate commerce. population. The diabetes rule provides Federal, State, or local enforcement DATES: The exemptions are effective that ‘‘A person is physically qualified to official. May 21, 2010. The exemptions expire drive a commercial motor vehicle if that on May 21, 2012. person has no established medical Discussion of Comments FOR FURTHER INFORMATION CONTACT: Dr. history or clinical diagnosis of diabetes FMCSA received no comments in this Mary D. Gunnels, Director, Medical mellitus currently requiring insulin for proceeding. Programs, (202) 366–4001, control’’ (49 CFR 391.41(b)(3)).

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FMCSA established its diabetes of safety equal to that existing without was maintained before it was granted; or exemption program, based on the the exemption. (3) continuation of the exemption would Agency’s July 2000 study entitled ‘‘A not be consistent with the goals and Conditions and Requirements Report to Congress on the Feasibility of objectives of 49 U.S.C. 31136(e) and a Program to Qualify Individuals with The terms and conditions of the 31315. If the exemption is still effective Insulin-Treated Diabetes Mellitus to exemption will be provided to the at the end of the 2-year period, the Operate in Interstate Commerce as applicants in the exemption document person may apply to FMCSA for a Directed by the Transportation Act for and they include the following: (1) That renewal under procedures in effect at the 21st Century.’’ The report concluded each individual submit a quarterly that time. that a safe and practicable protocol to monitoring checklist completed by the treating endocrinologist as well as an Issued on: May 13, 2010. allow some drivers with ITDM to Larry W. Minor, operate CMVs is feasible. The annual checklist with a comprehensive medical evaluation; (2) that each Associate Administrator for Policy and September 3, 2003 (68 FR 52441) Program Development. Federal Register Notice in conjunction individual reports within 2 business [FR Doc. 2010–12188 Filed 5–20–10; 8:45 am] with the November 8, 2005 (70 FR days of occurrence, all episodes of 67777) Federal Register Notice provides severe hypoglycemia, significant BILLING CODE 4910–EX–P the current protocol for allowing such complications, or inability to manage drivers to operate CMVs in interstate diabetes; also, any involvement in an commerce. accident or any other adverse event in DEPARTMENT OF THE TREASURY a CMV or personal vehicle, whether or These twenty-seven applicants have Office of Thrift Supervision had ITDM over a range of 1 to 33 years. not it is related to an episode of These applicants report no hypoglycemia; (3) that each individual [AC–39: OTS Nos. H–2944 and H–4701] hypoglycemic reaction that resulted in provide a copy of the ophthalmologist’s loss of consciousness or seizure, that or optometrist’s report to the medical Oritani Financial Corp., MHC, required the assistance of another examiner at the time of the annual Township of Washington, NJ; Approval person, or resulted in impaired medical examination; and (4) that each of Conversion Application individual provide a copy of the annual cognitive function without warning Notice is hereby given that on May 10, medical certification to the employer for symptoms in the past 5 years (with one 2010, the Office of Thrift Supervision retention in the driver’s qualification year of stability following any such approved the application of Oritani file, or keep a copy in his/her driver’s episode). In each case, an Financial Corp., MHC, and Oritani qualification file if he/she is self- endocrinologist verified that the driver Bank, Township of Washington, New employed. The driver must also have a has demonstrated a willingness to Jersey, to convert to the stock form of copy of the certification when driving, properly monitor and manage his/her organization. Copies of the application for presentation to a duly authorized diabetes mellitus, received education are available for inspection by Federal, State, or local enforcement related to diabetes management, and is appointment (phone number: 202–906– official. on a stable insulin regimen. These 5922 or e-mail drivers report no other disqualifying Discussion of Comments [email protected]) at the conditions, including diabetes-related FMCSA received no comments in this Public Reading Room, 1700 G Street, complications. Each meets the vision proceeding. NW., Washington, DC 20552, and the standard at 49 CFR 391.41(b)(10). OTS Northeast Regional Office, The qualifications and medical Conclusion Harborside Financial Center Plaza Five, condition of each applicant were stated Based upon its evaluation of the Suite 1600, Jersey City, New Jersey and discussed in detail in the March 26, twenty-seven exemption applications, 07311. 2010, Federal Register Notice therefore, FMCSA exempts, Jason H. Altenberger, Dated: May 17, 2010. they will not be repeated in this Notice. Shawn P. Amaro, Berry Anderson, By the Office of Thrift Supervision. Basis for Exemption Determination James R. Atkinson, Alladin J. Butler, Sandra E. Evans, Carlos V. Candelaria, James R. Crawford, Federal Register Liaison. Under 49 U.S.C. 31136(e) and 31315, Alan Curtis, Benny DeVizio, Jimmy W. FMCSA may grant an exemption from Dotson, Arden A. Endrek, David B. Flaa, [FR Doc. 2010–12117 Filed 5–20–10; 8:45 am] the diabetes standard in 49 CFR James W. Gordon, Eldon L. Janssen, BILLING CODE 6720–01–M 391.41(b)(3) if the exemption is likely to Frank Katzbeck, James K. Libke, Joseph achieve an equivalent or greater level of R. Marcelewski, Daniel R. McBride, DEPARTMENT OF THE TREASURY safety than would be achieved without John A. Mohr, William O. Ruiz, Harold the exemption. The exemption allows D. Russman, Hector Sanchez, Robert L. Office of Thrift Supervision the applicants to operate CMVs in Staats, Christopher Stargill, Kevin L. interstate commerce. Upmann, Bob E. Vacek and Mathew G. [AC–41: OTS Nos. 04983, H–3879, and H– To evaluate the effect of these Williams, from the ITDM standard in 49 4714] exemptions on safety, FMCSA CFR 391.41(b)(3), subject to the Colonial Bankshares, MHC, Vineland, considered medical reports about the conditions listed under ‘‘Conditions and NJ; Approval of Conversion applicants’ ITDM and vision, and Requirements’’ above. Application reviewed the treating endocrinologists’ In accordance with 49 U.S.C. 31136(e) medical opinion related to the ability of and 31315 each exemption will be valid Notice is hereby given that on May 14, the driver to safely operate a CMV while for two years unless revoked earlier by 2010, the Office of Thrift Supervision using insulin. FMCSA. The exemption will be revoked approved the application of Colonial Consequently, FMCSA finds that in if: (1) The person fails to comply with Bankshares, MHC, and Colonial Bank, each case exempting these applicants the terms and conditions of the Vineland, New Jersey, to convert to the from the diabetes standard in 49 CFR exemption; (2) the exemption has stock form of organization. Copies of the 391.41(b)(3) is likely to achieve a level resulted in a lower level of safety than application are available for inspection

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by appointment (phone number: 202– Research and Development Service 463 (Federal Advisory Committee Act) 906–5922 or e-mail Cooperative Studies Scientific that the Research Advisory Committee [email protected]) at the Evaluation Committee will be held on on Gulf War Veterans’ Illnesses will Public Reading Room, 1700 G Street, June 15, 2010, at the St. Gregory Hotel, meet on June 28–29, 2010, in room 230 NW., Washington, DC 20552, and the 2033 M Street, NW., Washington, DC. at the Department of Veterans Affairs, OTS Northeast Regional Office, The meeting is scheduled to begin at 8 810 Vermont Avenue, NW., Harborside Financial Center Plaza Five, a.m. and end at 4 p.m. Washington, DC. The meeting will be Suite 1600, Jersey City, New Jersey The Committee advises the Chief open to the public and it will start at 8 07311. Research and Development Officer a.m. each day and will adjourn at 5 p.m. Dated: May 17, 2010. through the Director of the Clinical on June 28 and at 1:15 p.m. on June 29. Science Research and Development By the Office of Thrift Supervision. The purpose of the Committee is to Service on the relevance and feasibility provide advice and make Sandra E. Evans, of proposed projects and the scientific Federal Register Liaison. recommendations to the Secretary of validity and propriety of technical Veterans Affairs on proposed research [FR Doc. 2010–12119 Filed 5–20–10; 8:45 am] details, including protection of human studies, research plans and research BILLING CODE 6720–01–M subjects. strategies relating to the health The session will be open to the public consequences of military service in the for approximately 30 minutes at the DEPARTMENT OF THE TREASURY Southwest Asia theater of operations start of the meeting for the discussion of during the Gulf War. administrative matters and the general Office of Thrift Supervision status of the program. The remaining The Committee will review VA program activities related to Gulf War [AC–40: OTS No. H–4708] portion of the meeting will be closed to the public for the Committee’s review, Veterans’ Illnesses and updates on FedFirst Financial Corporation, discussion and evaluation of research relevant scientific research published Monessen, PA; Approval of and development applications. since the last Committee meeting. Conversion Application During the closed portion of the Additionally, there will be presentations meeting, discussions and and discussion of background Notice is hereby given that on May 14, recommendations will deal with information on the Gulf War and Gulf 2010, the Office of Thrift Supervision qualifications of personnel conducting War Veterans’ Illnesses, the effects of approved the application of FedFirst the studies, staff and consultant various potential exposures on memory Financial MHC and First Federal critiques of research proposals and and cognition, an update on Savings Bank, Monessen, Pennsylvania, similar documents and the medical amyotrophic lateral sclerosis rates in to convert to the stock form of records of patients who are study Gulf War Veterans, and new imaging organization. Copies of the application subjects, the disclosure of which would techniques. There will also be are available for inspection by constitute a clearly unwarranted discussion of Committee business and appointment (phone number: 202–906– invasion of personal privacy. As activities. 5922 or e-mail provided by § 10(d) of Public Law 92– The meeting will include time [email protected]) at the 463, as amended, closing portions of reserved for public comments. A sign- Public Reading Room, 1700 G Street, this meeting is in accordance with 5 up sheet for 5-minute comments will be NW., Washington, DC 20552, and the U.S.C. 552b(c)(6) and (c)(9)(B). available at the meeting. Individuals OTS Northeast Regional Office, Those who plan to attend should who speak are invited to submit a 1–2 Harborside Financial Center Plaza Five, contact Dr. Grant Huang, Deputy page summary of their comments at the Suite 1600, Jersey City, New Jersey Director, Cooperative Studies Program time of the meeting for inclusion in the 07311. (125), Department of Veterans Affairs, official meeting record. Members of the Dated: May 17, 2010. 810 Vermont Avenue, NW., public may also submit written By the Office of Thrift Supervision. Washington, DC 20420, at (202) 461– statements for the Committee’s review Sandra E. Evans, 1700. to Dr. Roberta White, Chair, Department Federal Register Liaison. Dated: May 17, 2010. of Environmental Health, Boston University School of Public Health, 715 [FR Doc. 2010–12120 Filed 5–20–10; 8:45 am] By Direction of the Secretary. Albany St., T2E, Boston, MA 02118, or BILLING CODE 6720–01–M Vivian Drake, e-mail at [email protected]. Acting Committee Management Officer. Any member of the public seeking [FR Doc. 2010–12206 Filed 5–20–10; 8:45 am] additional information should contact DEPARTMENT OF VETERANS BILLING CODE P AFFAIRS Dr. White, Scientific Director, at (617) 638–4620 or Dr. William Goldberg, Clinical Science Research and DEPARTMENT OF VETERANS Designated Federal Officer, at (202) Development Service; Cooperative AFFAIRS 461–1667. Studies Scientific Evaluation Dated: May 17, 2010. Committee; Notice of Meeting Research Advisory Committee on Gulf By Direction of the Secretary. War Veterans’ Illnesses; Notice of Vivian Drake, The Department of Veterans Affairs Meeting (VA) gives notice under Public Law 92– Acting Committee Management Officer. 463 (Federal Advisory Committee Act) The Department of Veterans Affairs [FR Doc. 2010–12209 Filed 5–20–10; 8:45 am] that a meeting of the Clinical Science (VA) gives notice under Public Law 92– BILLING CODE P

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Part II

Health and Human Services Department 42 CFR Part 50 45 CFR Part 94

Responsibility of Applicants for Promoting Objectivity in Research for Which Public Health Service Funding Is Sought and Responsible Prospective Contractors; Proposed Rule

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DEPARTMENT OF HEALTH AND Written Submissions through implementation of the HUMAN SERVICES You may submit written comments in regulations by these Institutions, to each the following ways: Investigator participating in the 42 CFR Part 50 • Fax: 301–402–0169. research. Generally, under the current • Mail: Jerry Moore, NIH Regulations regulations: • 2 45 CFR Part 94 Officer, Office of Management The Institution is responsible for Assessment, National Institutes of complying with the regulations, [Docket Number: NIH–2010–0001] Health, 6011 Executive Boulevard, Suite including maintaining a written and 601, MSC 7669, Rockville, MD 20852– enforced policy; managing, reducing, or RIN 0925–AA53 7669. eliminating identified conflicts; and Instructions: All submissions received reporting identified conflicts to the PHS Responsibility of Applicants for must include the agency name and Awarding Component. The reports Promoting Objectivity in Research for Regulatory Information Number (RIN) denote the existence of a conflicting Which Public Health Service Funding [0925–AA53] and docket number [NIH– interest and the Institution must assure Is Sought and Responsible 2010–0001] for this rulemaking action. that it has been managed, reduced, or Prospective Contractors All comments may be posted without eliminated. • 3 change, including any personal Investigators are responsible for AGENCY: Department of Health and complying with their Institution’s Human Services. information provided. Docket: For access to the docket to written FCOI policy and for disclosing ACTION: Notice of proposed rulemaking. read background documents or their Significant Financial Interests 4 comments received concerning this (SFIs) to the Institution. SUMMARY: The Department of Health and • 5 rulemaking action, go to the The PHS Awarding Components Human Services (HHS or the are responsible for overseeing Department) and the HHS Public Health eRulemaking.gov Portal: http:// www.regulations.gov and follow the Service (PHS), proposes to amend its 2 instructions provided for conducting a ‘‘Institution’’ is currently defined under 42 CFR regulations on the Responsibility of Part 50, Subpart F, as any domestic or foreign, Applicants for Promoting Objectivity in search, using the docket number [NIH– public or private, entity or organization (excluding Research for which PHS Funding is 2010–0001]. a Federal agency), and under 45 CFR Part 94 as any FOR FURTHER INFORMATION CONTACT: Jerry public or private entity or organization (excluding Sought and Responsible Prospective a Federal agency) (1) that submits a proposal for a Contractors. Since the promulgation of Moore, NIH Regulations Officer, Office research contract whether in response to a the regulations in 1995, biomedical and of Management Assessment, National solicitation from the PHS or otherwise, or (2) that behavioral research and the resulting Institutes of Health, 6011 Executive assumes the legal obligation to carry out the Boulevard, Suite 601, MSC 7669, research required under the contract. 42 CFR interactions among Government, 50.603; 45 CFR 94.3. research institutions, and the private Rockville, MD 20852–7669, telephone 3 ‘‘Investigator’’ is currently defined under the sector have become increasingly 301–496–4607, fax 301–402–0169, regulations as the principal investigator and any complex. This complexity, as well as a e-mail [email protected], concerning other person who is responsible for the design, questions about the rulemaking process conduct, or reporting of research (or, in the case of need to strengthen accountability, have PHS contracts, a research project) funded by PHS, led to the proposal of amendments that and Dr. Sally Rockey, NIH Deputy or proposed for such funding. For purposes of the would expand and add transparency to Director for Extramural Research, regulatory requirements relating to financial investigator disclosure of significant concerning substantive questions about interests, the term ‘‘Investigator’’ includes the Investigator’s spouse and dependent children. 42 financial interests, enhance regulatory the proposed rule, e-mail FCOI- [email protected]. CFR 50.603; 45 CFR 94.3. compliance and effective institutional 4 ‘‘Significant Financial Interest’’ is currently oversight and management of SUPPLEMENTARY INFORMATION: Proper defined under the regulations as anything of investigators’ financial conflicts of stewardship of Federal funds includes monetary value, including but not limited to, salary or other payments for services (e.g., consulting fees interests, as well as NIH’s compliance ensuring objectivity of results by or honoraria); equity interests (e.g., stocks, stock oversight. protecting Federally-funded research options or other ownership interests); and DATES: Comments must be received on from potential bias due to investigator intellectual property rights (e.g., patents, copyrights financial conflicts of interest (FCOI). and royalties from such rights). The term does not or before July 20, 2010 in order to include: (1) Salary, royalties, or other remuneration ensure we will be able to consider the I. Background from the applicant institution; (2) any ownership comments when preparing the final interests in the institution, if the institution is an rule. In 1995, the PHS and the Office of the applicant under the SBIR/STTR programs; (3) Secretary of HHS published regulations income from seminars, lectures, or teaching ADDRESSES: Individuals, organizations at 42 CFR Part 50 Subpart F and 45 CFR engagements sponsored by public or nonprofit entities; (4) income from service on advisory and institutions interested in submitting Part 94 (the regulations), that are committees or review panels for public or nonprofit comments identified by RIN 0925–AA53 designed to promote objectivity in PHS- entities; (5) an equity interest that when aggregated and Docket Number [NIH–2010–0001] funded research.1 The current for the Investigator and the Investigator’s spouse may do so by any of the following regulations are applicable to Institutions and dependent children meets both of the following tests: Does not exceed $10,000 in value as methods: that apply for or seek PHS funding for determined through reference to public prices or Electronic Submissions research (except for Small Business other reasonable measures of fair market value, and Innovation Research (SBIR)/Small does not represent more than a five percent You may submit electronic comments Business Technology Transfer Research ownership interest in any single entity; or (6) salary, royalties, or other payments that when aggregated in the following way: (STTR) Phase I applications) and, • for the investigator and the investigator’s spouse Federal eRulemaking Portal: http:// and dependent children over the next twelve www.regulations.gov. Follow the 1 48 CFR Subpart 9.1, ‘‘Responsible Prospective months, are not expected (or, in the case of PHS instructions for submitting comments. Contractors,’’ and 48 CFR Subpart 9.5, contracts, are not reasonably expected) to exceed • To ensure timely processing of ‘‘Organizational and Consultant Conflicts of $10,000. 42 CFR 50.603; 45 CFR 94.3. Interest,’’ also address conflicts of interest in 5 ‘‘PHS Awarding Component’’ is currently comments, NIH is no longer accepting Federally-funded projects. These provisions apply defined as the/an organizational unit of the PHS comments submitted to the agency by only to acquisitions, not to grants or cooperative that funds [the] research that is subject to the e-mail. agreements. regulations. 42 CFR 50.603, 45 CFR 94.3.

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Institutional compliance with the 1. Expanding the scope of the to each Institution that seeks PHS regulations. regulation and disclosure of interests funding for research and, through Ensuring objectivity in research 2. Definition of ‘‘significant financial implementation of the regulations, to requires a commitment from Institutions interest’’ (including questions regarding each Investigator who participates in and their Investigators to: the appropriate de minimis threshold such research. In neither case do the • Completely disclose, and exemptions to the definition) regulations currently apply to SBIR/ • Appropriately review, and • 3. Identification and management of STTR Phase I applications. Robustly manage identified conflicts by Institutions When the existing regulations were conflicts. 4. Assuring institutional compliance published as a final rule in 1995, it was The purpose of the existing 5. Requiring Institutions to provide acknowledged in the preamble that regulations is to ensure that there is no additional information to the PHS SBIR/STTR Phase I applications ‘‘are for reasonable expectation that the design, 6. Institutional conflict of interest limited amounts.’’ 10 Since that time, the conduct, or reporting of PHS-funded After careful consideration of the size of these awards has increased and research will be biased by any comments received in response to the the amounts are not insignificant Investigator FCOI. Since the publication of these ANPRM and further deliberation within expenditures of public funds. For regulations, the pace by which new the Department, we are proposing example, the median amount of an NIH discoveries are translated from the substantial revisions to the current Phase I award increased from research bench into effective treatment regulations, detailed below. The specific approximately $99,000 in 1995 to of patients has accelerated significantly comments to the ANPRM are discussed approximately $182,000 in 2009. In and the biomedical and behavioral in the relevant sections describing the addition, Phase I awards are often used research enterprise in the United States proposed changes to the regulations. We to leverage Phase II funding or has grown in size and complexity. For believe that the proposed revisions significant outside financial support, example, an analysis of financial would expand and add transparency to and a significant proportion of support of biomedical research from investigator disclosure of SFIs as well as Institutions receiving Phase I funding 1994 to 2004 6 showed that funding enhance regulatory compliance and from NIH, in particular, already have increased from $37.1 billion in 1994 to effective FCOI oversight. Phase II awards (approximately 200 $94.3 billion in 2003. Fifty seven II. Description of Proposed Revisions Institutions in 2008 and 2009). As a percent of the funding in 2003 came result, it would be reasonable to from industry sources. At the same time, The following provides a more conclude that many Institutions with relationships between individual detailed discussion of the proposed Phase I awards will be required to academic researchers and industry have revisions to the current regulations in implement these regulations in due also increased from 28% in a 1996 the order that they would appear in 42 course. survey 7 to 52.8% in a survey conducted CFR Part 50, Subpart F and 45 CFR Part In light of these factors, we asked in in 2007.8 94. the ANPRM whether the scope of the Researchers frequently work in Purpose (42 CFR 50.601; 45 CFR 94.1) regulations should be expanded to cover multidisciplinary teams to develop new SBIR/STTR Phase I applications. Many strategies and approaches for translating We are proposing minor revisions to of the respondents to the ANPRM basic research into clinical application, the text of this section. These revisions indicated that any and all applications thus hastening discovery and advancing reflect a broader effort to improve and proposals for PHS funding should human health. In addition, these newer internal consistency with regard to the be subject to the regulations, including translational strategies often involve use of various terms and phrases SBIR/STTR Phase I applications. For the complex collaborations between throughout these regulations. As a reasons stated above and the sentiment investigators and the private sector. general matter, along with the more expressed in public comments on the The growing complexity of substantive changes to the regulations ANPRM, we are proposing to broaden biomedical and behavioral research; the discussed further below, we are seeking the applicability of the regulations by increased interaction among to use this rulemaking proceeding as an eliminating the current exception for Government, research institutions, and opportunity to refine the current text of SBIR/STTR Phase I applications. the private sector in attaining common the regulations to improve clarity and We also propose to add language in public health goals while meeting readability for users. this section clarifying that the public expectations for research Applicability (42 CFR 50.602, 45 CFR regulations continue to apply once the integrity; as well as increased public 94.2) PHS-funded research is underway (i.e., scrutiny, all have raised questions as to after the application process). Finally, whether a more rigorous approach to The current regulations at 42 CFR Part we are proposing to make minor Investigator disclosure, management of 50, Subpart F, are applicable to each revisions to the text of this section as financial conflicts, and Federal Institution that applies for PHS grants or part of a broader effort to improve oversight is required. Consequently, we cooperative agreements for research internal consistency in the use of previously published an Advance and, through implementation of the various terms and phrases throughout Notice of Proposed Rulemaking regulations by each Institution, to each the regulations and, where feasible, (ANPRM) in the Federal Register on Investigator participating in such 9 consistency between the text of 42 CFR May 8, 2009 (74 FR 21610–21613), research. The current PHS contracting Part 50, Subpart F, and 45 CFR Part 94. inviting public comment on potential regulations at 45 Part 94 similarly apply changes to the regulations. Definitions (42 CFR 50.603, 45 CFR The ANPRM invited comment on the 9 In those few cases where an individual, rather 94.3) following major areas of the regulation: than an institution, is an applicant for PHS grants or cooperative agreements for research, PHS We propose to add several new Awarding Components will make case-by-case definitions in this section of the 6 Moses H et al, JAMA; 2005; 294:1333–1342 determinations on the steps to be taken to ensure regulations, revise some of the existing 7 Blumenthal D et al, N Engl J Med; 1996; that the design, conduct, and reporting of the 335:1734–9 research will not be biased by any conflicting 8 Zinner DE et al, Health Aff; 2009; 28:1814–25. financial interest of the individual. 10 60 FR 35810, 35814 (July 11, 1995)

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definitions, and remove one definition, anything of monetary value or potential identified conflicts. We also believe that as follows: monetary value. We propose adding this the revised approach would be 1. Contractor. We propose a minor new definition as a companion to our consistent with the current practices at revision to the current definition of proposed revision of the ‘‘significant many institutions, which require ‘‘Contractor’’ in 45 CFR 94.3 that would financial interest’’ definition, described investigators to disclose interests clarify that the term applies to an entity below. In the current regulations, the annually and/or on an ongoing basis, that provides property or services ‘‘significant financial interest’’ definition regardless of specific research projects ‘‘under contract’’ for the direct benefit or incorporates the phrase, ‘‘anything of that are underway. We welcome public use of the Federal Government. monetary value.’’ In the new definition comment on the specific elements that 2. Disclosure of significant financial of ‘‘financial interest,’’ we propose should (or should not) be included in an interests. This definition would be new adding the phrase ‘‘or potential ‘‘institutional responsibilities’’ and would mean an Investigator’s monetary value’’ to capture financial definition. disclosure of significant financial interests that may not have monetary 8. Investigator. We propose to revise interests to an Institution. We propose value currently, but could become the definition of ‘‘Investigator’’ to clarify to include this definition—along with valuable in the future. This proposed that it means the PD/PI as well as any the definition of ‘‘FCOI report’’ below— definition could apply, for example, to other person, regardless of title or because of the confusion that can result an ownership interest that an position, who is responsible for the from the seemingly interchangeable use Investigator may hold in a small start- design, conduct, or reporting of research of the terms ‘‘disclosure’’ and ‘‘report’’ up company. funded by the PHS, or proposed for with regard to communications from an 6. Institution. We propose to revise such funding, including persons who Investigator to an Institution and, the current definition of ‘‘Institution’’ in are subgrantees, contractors, correspondingly, from an Institution to 42 CFR 50.603 to refer specifically to an collaborators, or consultants (or, in the the PHS. We propose to use the phrase Institution that is applying for, or that case of PHS contracts, subcontractors, ‘‘disclosure of significant financial receives, PHS research funding. We collaborators, or consultants). We interests’’ to describe the propose this revision to clarify the propose these revisions based on our communication that occurs between an entities and organizations to which the observations regarding the current Investigator and the Institution requirements in 42 CFR Part 50, Subpart regulations and the proper application requesting SFI information from the F would apply. We propose of the ‘‘investigator’’ definition. Investigator as part of its compliance corresponding changes to the current Although we have developed regulatory with these regulations. We intend for definition of ‘‘Institution’’ in 45 CFR guidance on this issue with regard to the term ‘‘FCOI report’’ to describe 94.3 to maintain consistency, where grants and cooperative agreements (see communications from an Institution to feasible, between the text of 42 CFR Part NIH ‘‘Frequently Asked Question’’ A.7 at the PHS regarding FCOI. 50, Subpart F, and 45 CFR Part 94. http://grants.nih.gov/grants/policy/ 3. FCOI report. This definition would 7. Institutional responsibilities. This coifaq.htm), we believe that further be new and would mean an Institution’s definition would be new and would clarification in the regulations report of a financial conflict of interest mean an Investigator’s professional themselves is warranted. to a PHS Awarding Component. We responsibilities on behalf of the We have also revised this definition to propose to add this new definition for Institution including, but not limited to, eliminate reference to the Investigator’s the reasons described above regarding activities such as research, research spouse and dependent children. As the ‘‘disclosure of significant financial consultation, teaching, professional described further below, we propose to interests’’ definition. practice, institutional committee include reference to an Investigator’s 4. Financial conflict of interest. This memberships, and service on panels spouse and dependent children in the definition would be new and would such as Institutional Review Boards or revised ‘‘significant financial interest’’ mean a significant financial interest that Data and Safety Monitoring Boards. We definition. could directly and significantly affect propose to add this new definition 9. Manage. This definition would be the design, conduct, or reporting of because, as described further below, we new and would mean to take action to PHS-funded research. Although this are proposing to modify the ‘‘significant address a financial conflict of interest, definition would be ‘‘new’’ in the sense financial interests’’ definition and which includes reducing or eliminating that it is not listed in the current Investigator disclosure obligations such the financial conflict of interest, to definitions sections (42 CFR 50.603 and that the SFIs being disclosed are those ensure that the design, conduct, or 45 CFR 94.3), the definition is that reasonably appear to be related to reporting of research is free from bias or consistent with language contained the Investigator’s ‘‘institutional the appearance of bias. We propose elsewhere in the current regulations. responsibilities’’ as defined. adding this definition as part of a wider Specifically, subsection (a)(1) of the Under the current regulations, an reconsideration of the concepts of current 42 CFR 50.605 and 45 CFR 94.5 Investigator generally is obligated to managing, reducing, and eliminating a provides that a ‘‘conflict of interest disclose SFIs on a project-specific basis FCOI. In the current regulations, these exists when the designated official(s) (i.e., interests that would reasonably concepts are typically listed separately reasonably determines that a Significant appear to be affected by the research for (see, e.g., 42 CFR 50.604(g), 45 CFR Financial Interest could directly and which PHS funding is sought, or in 94.4(g)), suggesting that reducing or significantly affect the design, conduct, entities whose financial interests would eliminating a FCOI may not be the same or reporting of the PHS-funded reasonably appear to be affected by the as managing a FCOI. We believe that it research.’’ We propose to incorporate a research). We believe that the proposed would be more appropriate to consider modified version of this text into a shift to a focus on ‘‘institutional the reduction or elimination of a FCOI freestanding financial conflict of interest responsibilities’’ in the regulations as alternate means of managing a FCOI, definition in order to improve the would provide Institutions with a better depending on the circumstances. Thus, clarity and readability of the understanding of the totality of an in a hypothetical example where an regulations. Investigator’s interests and would result Institution has concluded that an 5. Financial interest. This definition in more consistent identification, Investigator’s ownership interest in a would be new and would mean evaluation, and management of any company is a FCOI, the Institution

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could manage the FCOI by requiring the spouse and dependent children meets Investigator is currently employed or Investigator to reduce his or her both of the following tests: does not otherwise appointed by the Institution; ownership interest by some appropriate exceed $10,000 in value as determined any ownership interest in the Institution amount, or to sell the ownership interest through reference to public prices or held by the Investigator, if the in its entirety. other reasonable measures of fair market Institution is a commercial or for-profit 10. PD/PI. This definition would be value, and does not represent more than organization; income from seminars, new and would mean a project director a five percent ownership interest in any lectures, or teaching engagements or principal investigator of a PHS- single entity; or (6) salary, royalties, or sponsored by a federal, state, or local funded research project. We propose to other payments that when aggregated for government agency, or an institution of use ‘‘PD/PI’’ in the regulation in the investigator and the investigator’s higher education as defined at 20 U.S.C. circumstances in which we may have spouse and dependent children over the 1001(a); or income from service on traditionally used the term ‘‘principal next twelve months, are not expected advisory committees or review panels investigator’’ (e.g., in the proposed (or, in the case of PHS contracts, are not for a federal, state, or local government ‘‘investigator’’ definition, as revised). reasonably expected) to exceed $10,000. agency, or an institution of higher 11. PHS. We propose to revise the We propose to revise the definition of education as defined at 20 U.S.C. definition of ‘‘PHS’’ to include a specific ‘‘significant financial interest’’ as 1001(a).’’ reference to the National Institutes of follows, incorporating the proposed This revised SFI definition would Health. NIH is part of the Public Health definitions of ‘‘financial interest’’ and differ from the current SFI definition in Service and provides a substantial ‘‘institutional responsibilities’’ described a number of respects. amount of research funding to above: Institutional responsibilities: As Institutions, however, it is not otherwise ‘‘Significant financial interest means, indicated in the discussion of the referenced specifically in these except as otherwise specified in this ‘‘institutional responsibilities’’ definition regulations. We want to clarify for definition: ‘‘(1) A financial interest above, SFIs subject to disclosure by an Institutions applying for, or receiving, consisting of one or more of the Investigator to an Institution would be research funding from the NIH that they following interests of the Investigator those that reasonably appear to be are subject to these PHS regulations. (and those of the Investigator’s spouse related to the Investigator’s 12. Research. We propose to revise and dependent children) that reasonably ‘‘institutional responsibilities’’ and the definition of ‘‘research’’ to include a appears to be related to the would not be specific to a particular non-exclusive list of examples of Investigator’s institutional PHS-funded research project. As a different types of PHS funding responsibilities: result, when read in conjunction with mechanisms to which the definition ‘‘(i) With regard to any publicly traded the revised Investigator disclosure applies. As revised, the definition entity, a significant financial interest requirements under 42 CFR 50.604 and would include any activity for which exists if the value of any remuneration 45 CFR 94.4 (discussed below), we research funding is available from a PHS received from the entity in the twelve anticipate that the revised SFI definition Awarding Component through a grant, months preceding the disclosure and would result in the disclosure by cooperative agreement, or contract the value of any equity interest in the Investigators to Institutions of a wider whether authorized under the PHS Act entity as of the date of disclosure, when array of interests on a more frequent or other statutory authority, such as a aggregated, exceeds $5,000. For basis. This proposed approach is research grant, career development purposes of this definition, consistent with many of the comments award, center grant, individual remuneration includes salary and any we received in response to the ANPRM, fellowship award, infrastructure award, payment for services not otherwise which supported expansion of the SFIs institutional training grant, program identified as salary (e.g., consulting fees, that should be disclosed by Investigators project, or research resources award. honoraria, paid authorship, travel to Institutions. 13. Significant Financial Interest. We reimbursement); equity interest includes Monetary threshold: The revised SFI propose to revise substantially the any stock, stock option, or other definition also would lower—and, in definition of ‘‘significant financial ownership interest, as determined some circumstances, eliminate—the interest’’ (SFI). Under the current through reference to public prices or existing monetary thresholds for regulations, a SFI means anything of other reasonable measures of fair market disclosure. Under the current monetary value, including but not value; regulations, a SFI does not include an limited to, salary or other payments for ‘‘(ii) With regard to any non-publicly equity interest that when aggregated for services (e.g., consulting fees or traded entity, a significant financial the investigator and the investigator’s honoraria); equity interests (e.g., stocks, interest exists if the value of any spouse and dependent children, meets stock options or other ownership remuneration received from the entity both of the following tests: Does not interests); and intellectual property in the twelve months preceding the exceed $10,000 in value, and does not rights (e.g., patents, copyrights and disclosure, when aggregated, exceeds represent more than a five percent royalties from such rights). The term $5,000, or the Investigator (or the ownership interest in any single entity. does not include: (1) Salary, royalties, or Investigator’s spouse or dependent Similarly, a SFI does not include other remuneration from the applicant children) holds any equity interest (e.g., payments (e.g., salary) that when institution; (2) any ownership interests stock, stock option, or other ownership aggregated for the Investigator and the in the institution, if the institution is an interest); or Investigator’s spouse and dependent applicant under the SBIR or STTR ‘‘(iii) Intellectual property rights (e.g., children over the next twelve months programs; (3) income from seminars, patents, copyrights), royalties from such are not expected to exceed $10,000. The lectures, or teaching engagements rights, and agreements to share in revised definition would differentiate sponsored by public or nonprofit royalties related to such rights. between remuneration to the entities; (4) income from service on ‘‘(2) The term significant financial Investigator (and the Investigator’s advisory committees or review panels interest does not include the following spouse and dependent children) from a for public or nonprofit entities; (5) an types of financial interests: salary, publicly traded entity and remuneration equity interest that when aggregated for royalties, or other remuneration paid by from a non-publicly traded entity. With the Investigator and the Investigator’s the Institution to the Investigator if the regard to a publicly traded entity, a

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monetary threshold of $5,000 would threshold for all types of financial disclosure and review of all but apply to the aggregated value of any interests (e.g., $100), as well the current negligible financial interests would remuneration received from the entity proposal. outweigh the intended benefit of these in the twelve months preceding We declined to propose a threshold regulations in promoting objectivity in disclosure and the value of any equity equivalent to the current standard research. For example, given the interest as of the date of disclosure. because we do not believe that this existing (and proposed) obligation on With regard to a non-publicly traded approach would be consistent with our Investigators to update SFI disclosures entity, a monetary threshold of $5,000 statutory mandate to revise the during the period of award, we believe would apply to any remuneration regulations for the purpose of it would be a challenge for Investigators received from the entity in the twelve ‘‘strengthening Federal and institutional and Institutions alike to comply with months preceding disclosure; in oversight and identifying this provision every time a new, all-but- addition, however, a SFI would exist enhancements, including requirements negligible financial interest was with regard to any equity interest in the for financial disclosure to institutions obtained by the Investigator. entity, regardless of value. ***.’’ Public Law 111–117, Div. D, Tit. We welcome comment on all aspects In a hypothetical example, the II, sec. 219, 123 Stat. 3034 (2009). In of the proposed ‘‘significant financial proposed changes to the monetary addition, when we raised this question interest’’ definition, including comments threshold would operate as follows. in the ANPRM, a majority of regarding the appropriate balance Assume an Institution has required an respondents who addressed this between the costs that may be Investigator, who conducts biomedical question favored lowering the monetary associated with expanding the number research at the Institution, to complete disclosure threshold. These responses of financial interests subject to a form disclosing her SFIs. Among the were consistent with our own sense that disclosure as a result of a lower Investigator’s financial interests are the Institutions would welcome greater monetary threshold versus the potential following: $3,000 in consulting fees that transparency regarding Investigator benefits that might be expected to result she has received in the past twelve financial interests because additional from the lower threshold. months from Pharmaceutical Company information would help them to better Timing: As indicated in the example A; stock in Pharmaceutical Company A manage identified FCOI. Thus, for above, the revised SFI definition would held by her husband worth $2,500 as of example, even if an Investigator’s also change the timing for determining the date of disclosure; and stock options disclosed SFIs falling below the current whether remuneration represents a SFI. she holds in Start-Up Company B, a monetary threshold would not The current regulations exclude private biotechnology firm whose only themselves result in new FCOI aggregated payments (including salary products are in the early research and determinations, the information could and royalties) that are ‘‘not expected to development stage. Assuming that these provide context for the Institution’s exceed’’ (or, in the case of PHS financial interests reasonably appear to management of higher value SFIs that contracts, are ‘‘not reasonably expected be related to the Investigator’s the Institution determines are FCOI. to exceed’’) the monetary threshold institutional responsibilities, the Given the arguments in favor of ‘‘over the next twelve months.’’ Under Investigator would be required to lowering the monetary threshold, we the revised definition, at issue is disclose them as SFIs. A SFI in analyzed whether a significantly lower remuneration (including salary and any Pharmaceutical Company A would exist threshold (e.g., $100) would be payment for services not otherwise because the aggregated value of her appropriate for all types of financial identified as salary) received from an remuneration for the past twelve interests. Although there has been entity ‘‘in the twelve months preceding months and her husband’s equity limited study on the effect of the exact the disclosure.’’ We believe this change interest in the company exceeds $5,000 monetary value of an Investigator’s would help Institutions and ($3,000 + $2,500 = $5,500). A SFI in financial interests on the integrity of his Investigators to determine more Start-up Company B would exist or her research, the authors of at least accurately whether or not a financial because the Investigator would have an one journal article note, ‘‘a large body of interest represents a SFI because the obligation to disclose any ownership evidence from the social sciences shows payments have already occurred and are interest in a non-publicly traded entity, that behavior can be influenced by gifts likely to have been documented. even if the interest has only potential of negligible value.’’ 11 In addition, Moreover, to the extent an Investigator monetary value as of the time of recent legislative initiatives have receives additional remuneration from disclosure. incorporated low monetary thresholds an entity after completing an initial SFI We recognize that lowering the in comparable circumstances. For disclosure, such remuneration would be monetary threshold, as proposed, is not example, the disclosure provisions that subject to the Investigator’s ongoing without cost. In particular, while we apply to applicable manufacturers of disclosure obligations assuming the believe that certain elements of the drugs and other covered items with relevant monetary threshold were ‘‘ ’’ revised significant financial interest regard to transfers of value to physicians exceeded. This issue is addressed definition would make the disclosure and teaching hospitals under title VI, further in the discussion of 42 CFR and review obligations of Investigators section 6002, of the recently enacted 50.604, 45 CFR 94.4 below. Examples of payment for services: and Institutions more efficient, we Patient Protection and Affordable Care The current definition references as recognize that incorporating a lower Act, Public Law 111–148, generally monetary threshold is likely to lead to examples of payments for services, apply to transfers of value of $10 or increased administrative burden on receipt of consulting fees, or honoraria. more. We propose to add ‘‘paid authorship’’ Investigators and Institutions because Notwithstanding these arguments for and ‘‘travel reimbursement’’ as more financial interests are likely to be a significantly lower monetary additional examples in the revised subject to disclosure and review. For threshold, we are concerned that the definition. With regard to ‘‘paid this reason, we considered a variety of administrative costs associated with alternatives for the proposed regulations authorship,’’ in particular, although including a threshold that would be 11 Dana Katz, Arthur L. Caplan, and Jon F. Merz, there should be little question that approximate to the current standard ‘‘All Gifts Large and Small,’’ Am. J. of Bioethics, receipt of payment from an entity in (i.e., $10,000), a significantly lower summer 2003, vol. 3, no. 3, at 39, 39. exchange for the drafting of a

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publication constitutes payment for monetary threshold received from such PHS-funded research project who were services, we believe it is important to non-profit entities for teaching and previously affiliated with an Institution reference this form of payment advisory committee-related activities (e.g., former employees) but who still specifically in the regulations. This were included within the SFI definition receive remuneration from the practice has come under increasing and disclosed by Investigators to Institution (e.g., royalty payments). scrutiny in recent years and we wish to Institutions for their review. Under the Although an Institution presumably make it clear to Institutions and current 1995 exclusions to the SFI maintains information regarding Investigators that such activity may be definition, income from such entities for payments to all third parties, it may not subject to the disclosure and reporting the above-described activities would not be obvious to institutional officials requirements depending on the be disclosed. reviewing a SFI disclosure from a circumstances of a given case, such as In developing the proposed subrecipient Investigator under these the amount of payment. exclusions to the SFI definition, we circumstances that recent payments Royalties & Intellectual Property: considered various alternatives, have been made to the subrecipient Under the existing regulation, royalties including whether the exclusions Investigator. By limiting the exclusion are included among the ‘‘payments’’ described above should be limited to Investigators who are currently subject to the $10,000 threshold. Under solely to income from federal, state, or employed or otherwise appointed by the the proposed regulations, the $5,000 local government agencies (i.e., income Institution, as proposed, an Institution threshold would apply to equity from institutions of higher education for could avoid having to investigate, as a interests and ‘‘payment for services,’’ such activities would be covered by the matter of course, possible Institution which would include salary but not SFI definition). However, given that payments to every subrecipient royalties. Royalties nevertheless would many academic Investigators engage in Investigator participating in a PHS- be potentially subject to disclosure, as seminars, lectures, teaching funded research project. would other interests related to engagements, as well as service on We welcome comment on the intellectual property. Specifically, the advisory committees or review panels at proposed exclusions to the SFI revised definition would potentially academic Institutions other than those definition, including, for example, apply to any of the following: at which they are employed, we whether the proposed exclusion for Intellectual property rights (e.g., patents, concluded that the burden of requiring income from teaching and advisory copyrights), royalties from such rights, disclosure of the income from these committee-related activities should be and agreements to share in royalties activities outweighed the potential expanded to apply to all public or non- related to intellectual property rights. benefit to be gained from such profit entities (similar to the current As discussed further below, however, disclosures. regulations) or to specific categories of royalties received by the Investigator With regard to the current exclusion public or non-profit entities, or further from the Institution would still be for any ownership interests in the narrowed to apply solely to federal, excluded from the SFI definition if the institution if the institution is an state, or local government agencies. We Investigator is currently employed or applicant under the SBIR or STTR are particularly interested in comments otherwise appointed by the Institution. programs, we propose to broaden this about the balance between the Exclusions: We propose to modify the exclusion to include any ownership cumulative burden of the inclusion of types of interests that are specifically interest in the Institution held by the non-profits (or certain categories of non- excluded from the SFI definition. For Investigator if the Institution is a profits) in conjunction with defining example, the revised definition would commercial or for-profit organization SFIs to include institutional only exclude income from seminars, (whether or not an SBIR/STTR responsibilities and the potential benefit lectures, teaching engagements, if applicant). This proposed change is to be gained from such disclosures. sponsored by a federal, state, or local based primarily on the recognition that 14. Small Business Innovation government agency, or an institution of ownership in one’s own company not Research (SBIR) Program. We propose higher education as defined at 20 U.S.C. only is generally an inherent and to remove the current definition for the 1001(a). Similarly, income from service understood financial interest, but also is SBIR Program. In light of the proposed on advisory committees or review an interest that the Institution is already removal of reference to the SBIR panels would only be excluded if from in a position to know without having to program from the ‘‘Applicability’’ a federal, state, or local government request an Investigator to include it in section and the ‘‘significant financial agency, or an institution of higher a disclosure of SFIs. interests’’ definition, discussed above, education as defined at 20 U.S.C. For similar reasons, we do not the SBIR definition would no longer be 1001(a). Thus, income from non-profit propose to make substantive changes to necessary in the revised regulations, as entities other than institutions of higher the current exclusion for salary, proposed. education for the types of activities royalties, or other remuneration paid by described above would be subject to the the Institution to the Investigator, other Responsibilities of Institutions SFI definition. We are proposing this than to limit the exception to Regarding Investigator Financial change due to the growth of non-profit circumstances in which the Investigator Conflicts of Interest (42 CFR 50.604, 45 entities that sponsor such activities is currently employed or otherwise CFR 94.4) since the current regulations were appointed by the Institution. With We propose to revise substantially the promulgated in 1995. Some of these regard to current employees and regulation addressing the non-profit entities receive funding from appointees, we believe not only that responsibilities of Institutions regarding for-profit entities that may have an these financial interests are inherent Investigator FCOI. interest in the outcome of the and understood, but also that an Subsection (a) of the current Investigators’ research (e.g., foundations Institution is in a position to know this regulation provides, in part, that each supported by pharmaceutical companies information without having to request Institution must maintain an or other industrial sectors). As a result, Investigators to include it in a appropriate written, enforced policy on we believe it would promote objectivity disclosure of SFIs. However, other conflict of interest that complies with in biomedical and behavioral research if Investigators (e.g., subrecipient the regulations. We propose to revise income in excess of the relevant Investigators) may be involved with a this provision to require an Institution

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not only to maintain an up-to-date, contractor, or collaborator or, in the case with the regulations. We believe that the written, enforced policy on FCOI that of a PHS contract, a subcontractor or addition of the above text in the new complies with the regulations, but also collaborator). In the ANPRM, we subsection (c) would help clarify for to make such policy available via a included a question that asked whether Institutions and their subrecipients the publicly accessible Web site. We believe specific requirements related to FCOI requirements of both parties in these these revisions would foster greater identification, management, and relationships and promote greater transparency and accountability with reporting should be established for compliance with the regulations. regard to institutional policies. The subrecipients. This question was based, Subsection (b) of the current revised provision would also clarify that at least in part, on the concern that regulation requires that an Institution if an Institution’s policy on FCOI awardee and subrecipient Institutions must designate an institutional includes standards that are more may not fully recognize their official(s) to solicit and review financial stringent than the regulations, the responsibilities related to the disclosure statements from each Institution shall adhere to its policy and regulations. Many ANPRM respondents Investigator who is planning to shall provide FCOI reports regarding stated that they comply with the current participate in PHS-funded research. In identified FCOI to the PHS Awarding version of subsection (a) by requiring a the ANPRM, we asked whether large Component in accordance with the subrecipient to certify to the awardee Institutions (defined as greater than 50 Institution’s own standards. Although Institution that its FCOI policy complies employees) should be required to we have developed regulatory guidance with the applicable Federal regulations establish an independent committee to on this issue with regard to grants and and, in those cases when a subrecipient review financial disclosures, and cooperative agreements (see NIH cannot provide a certification, requiring require that committee to report to an ‘‘Frequently Asked Question’’ B.4 at the subrecipient to comply with the organizational level within the http://grants.nih.gov/grants/policy/ awardee Institution’s policy. We believe Institution that is not conflicted by the coifaq.htm), we believe that further that this type of approach provides a short-term financial interests of the clarification in the regulation itself is useful means of reinforcing compliance Investigator or Institution. After warranted. with the regulations. considering the responses, we weighed The current subsection (a) also the complexity of the issues that can Therefore, we propose to include as requires, in part, that each Institution arise in reviewing financial interests part of the new subsection (c) the must inform each Investigator of its and evaluating conflicts, as well as the following requirements: An Institution policy on conflict of interest, the potential practical difficulty in Investigator’s disclosure that carries out the PHS-funded research determining which Institutions would responsibilities, and of these through a subrecipient must incorporate fall within a ‘‘large’’ Institution regulations. We propose to address this as part of a written agreement with the definition and which would not. As a requirement as a new subsection (b), subrecipient legally enforceable terms result, we do not propose to change the and to add to this new subsection an that establish whether the FCOI policy redesignated subsection (d). That being Investigator training requirement. of the awardee Institution or that of the said, however, we strongly encourage Specifically, we propose that subrecipient applies to the each Institution to form a committee of Institutions shall require Investigators to subrecipient’s Investigators. If the adequate size and scope to review complete training regarding the subrecipient’s FCOI policy applies to Investigator SFI disclosures and assess Institution’s FCOI policy, the subrecipient Investigators, the comprehensively the potential conflicts Investigator’s responsibilities regarding subrecipient shall certify as part of the that may arise in the Institution. In disclosure of FCOI, and the regulations, agreement that its policy complies with addition, since reviewing Investigator prior to engaging in PHS-funded the regulations. If the subrecipient financial disclosures for potential FCOI research and, thereafter, at least once cannot provide such certification, the can involve many complex issues, we every two years. This proposal is agreement shall state that subrecipient recommend that Institutions consult consistent with the comments of a Investigators are subject to the FCOI available resources from the Federal majority of the respondents to the policy of the awardee Institution. If the government (e.g., NIH materials posted ANPRM, who supported adding an subrecipient’s FCOI policy applies to at http://grants.nih.gov/grants/policy/ Investigator FCOI training requirement. subrecipient Investigators, the coi/) or other public resources (e.g., The current subsection (a) also states agreement shall specify time period(s) materials prepared by academic and that if the Institution carries out the for the subrecipient to report all professional associations or other PHS-funded research through identified FCOI to the awardee scientific organizations). subgrantees, contractors, or Institution. Such time period(s) shall be The current subsection (c) requires collaborators (or, in the case of PHS sufficient to enable the awardee that by the time an application is contracts, subcontractors or Institution to provide timely FCOI submitted to the PHS, each Investigator collaborators), the Institution must take reports, as necessary, to the PHS. If who is planning to participate in the reasonable steps to ensure that subrecipient Investigators are subject to PHS-funded research has submitted to Investigators working for such entities the awardee Institution’s FCOI policy, the designated official(s) a listing of his/ comply with the regulations, either by the agreement shall specify time her known SFIs (and those of his/her requiring those Investigators to comply period(s) for the subrecipient to submit spouse and dependent children): (i) with the Institution’s policy or by all Investigator disclosures of SFIs to the That would reasonably appear to be requiring the entities to provide awardee Institution. Such time period(s) affected by the research for which PHS assurances to the Institution that will shall be sufficient to enable the awardee funding is sought; and (ii) in entities enable the Institution to comply with Institution to comply timely with its whose financial interests would the regulations. We propose to create a review, management, and reporting reasonably appear to be affected by the new subsection (c) that would provide obligations under the regulations. research. All financial disclosures must a substantially expanded clarification of Subsection (c) would also require that be updated during the period of award, an Institution’s obligations with regard the Institution must provide FCOI either on an annual basis or as new to PHS-funded research carried out reports to the PHS regarding all FCOI of reportable SFIs are obtained. In the through a subrecipient (e.g., subgrantee, all subrecipient Investigators consistent ANPRM, we asked whether this

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requirement should be expanded to reorganize and expand this requirement CFR 50.605(a), 45 CFR 94.5(a), require disclosure by Investigators of all in a redesignated subsection (f) to clarify including development and SFIs that are related to their an Institution’s obligations. First, the implementation of a management plan institutional responsibilities. Many guidelines to be provided by an and, if necessary, a mitigation plan. respondents to the ANPRM were in Institution for the designated Additional discussion of these proposed favor of expanding the SFIs that should institutional officials would be required revisions is addressed below. As a be disclosed by the Investigator. As to address two related tasks, related matter, we propose to include a indicated in the above discussion of the specifically, determination of whether new subsection (h) that cross-references ‘‘significant financial interest’’ an Investigator’s SFI is related to PHS- the Institution’s revised and expanded definition, the proposed revision would funded research and, if so related, reporting requirements in the proposed capture as part of the definition itself whether the SFI is a FCOI. Under the new subsection 42 CFR 50.605(b), 45 the concept that a ‘‘significant financial current regulations, the Investigator CFR 94.5(b). interest’’ is one that reasonably appears bears the responsibility for determining Subsection (e) of 42 CFR 50.604 to be related to the Investigator’s the relatedness of a SFI to the PHS- currently requires an Institution to ‘‘institutional responsibilities.’’ funded research as part of the disclosure maintain records of all financial Accordingly, we propose to revise the process (42 CFR 50.604(c), 45 CFR disclosures and all actions taken by the current subsection (c) language as part 94.4(c)). As discussed above, however, Institution with respect to each of a redesignated subsection (e) with the the proposed regulations would revise conflicting interest for at least three understanding that the scope of the definition of ‘‘significant financial years from the date of submission of the Investigator disclosures would no longer interest’’ to address ‘‘institutional final expenditures report or, where be project specific, but would responsibilities’’ and, as a result, SFIs applicable, from other dates specified in (consistent with the revised SFI subject to disclosure by an Investigator 45 CFR 74.53(b) for different situations. definition) pertain to the Investigator’s to an Institution would not be specific Correspondingly, subsection (e) of 45 institutional responsibilities. As part of to a particular PHS-funded research CFR 94.4 currently requires an the new subsection (e), we are also project. Consistent with these proposed Institution to maintain records of all proposing to revise and clarify an changes, the responsibility for financial disclosures and all actions Investigator’s annual and ongoing ad determining whether an Investigator’s taken by the Institution with respect to hoc disclosure obligations. SFI is related to PHS-funded research each conflicting interest for three years Specifically, in addition to requiring would shift to the Institution. This after final payment or, where applicable, that each Investigator who is planning subsection would provide that an for the other time periods specified in to participate in the PHS-funded Investigator’s SFI is related to PHS- 48 CFR part 4, subpart 4.7. We propose research disclose to the Institution’s funded research when the Institution, to revise this requirement in a designated officials the Investigator’s through its designated officials, redesignated subsection (i) of both 42 SFIs (and those of the Investigator’s reasonably determines that the SFI: (1) CFR 50.604 and 45 CFR 94.4 to include spouse and dependent children), the Appears to be affected by the PHS- a responsibility to maintain records Institution also would have to require funded research; or (2) is in an entity relating to all Investigator disclosures of that each Investigator who is whose financial interest appears to be financial interests and the Institution’s participating in the PHS-funded affected by the research. review of, or response to, such research submit an updated SFI To provide clarification regarding the disclosures (whether or not a disclosure disclosure: (1) At least annually during determination of whether an resulted in the Institution’s the period of the award, including Investigator’s SFI is a FCOI, the determination of a FCOI). We believe disclosure of any information that was redesignated subsection (f) would that this proposed revision would help not disclosed initially to the Institution incorporate modified language moved clarify for Institutions our intent for the or in a subsequent SFI disclosure, and from subsection (a)(1) of the current 42 record retention obligation to apply not disclosure of updated information CFR 50.605 and 45 CFR 94.5. only in cases in which the Institution regarding any previously-disclosed SFI Specifically, this subsection would has identified a FCOI, but to all (e.g., the updated value of a previously- provide that a FCOI exists when the Investigator SFI disclosures whether or disclosed equity interest); and (2) within Institution, through its designated not such disclosure generated a thirty days of acquiring a new SFI (e.g., officials, reasonably determines that the response by the Institution. through purchase, marriage, or SFI could directly and significantly The existing regulations require at inheritance). Although the current affect the design, conduct, or reporting subsection (f) that Institutions establish regulations include a requirement of the PHS-funded research. As adequate enforcement mechanisms and regarding the updating of financial discussed above, the proposed provide for sanctions where disclosures (see current subsection regulations would also incorporate a appropriate. We propose to revise this (c)(2)), we believe that the revisions definition of ‘‘financial conflict of obligation in a redesignated subsection proposed above will provide interest’’ that is similarly based on this (j) to require an Institution to establish Institutions and Investigators with language. not only adequate enforcement greater specificity as to the timing of With regard to the current mechanisms and provide for employee disclosures that are required after an requirement in subsection (d) regarding sanctions, but also to provide for other Investigator’s initial SFI disclosure to FCOI management responsibilities, we administrative actions to ensure the Institution. propose to include this requirement in Investigator compliance as appropriate. The existing subsection (d) requires a separate subsection (g) and clarify that We propose to revise and, in some an Institution to provide guidelines the requirement includes management respects, shorten the certification consistent with the regulations for the of any financial conflicts of a requirement currently set forth in designated official(s) to identify subrecipient Investigator pursuant to the subsection (g). In a redesignated conflicting interests and take such new subsection (c), described above. We subsection (k), the revised requirement actions as necessary to ensure that such also propose to cross-reference the would require an Institution to certify conflicting interests will be managed, Institution’s revised management that the Institution (1) has in effect at reduced, or eliminated. We propose to responsibilities that we propose in 42 that Institution an up-to-date, written,

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and enforced administrative process to severance of relationships that create research plan; change of personnel or identify and manage FCOI with respect actual or potential conflicts. personnel responsibilities, or to all research projects for which We propose to revise the above disqualification of personnel from funding is sought or received from the language as part of a redesignated participation in all or a portion of the PHS; (2) shall promote and enforce subsection (a)(1) to require that, prior to research; reduction or elimination of a Investigator compliance with the the Institution’s expenditure of any financial interest (e.g., sale of an equity regulations’ requirements including funds under a PHS-funded research interest); or severance of relationships those pertaining to disclosure of SFIs; project, the designated officials of an that create actual or potential financial (3) shall manage FCOI and provide Institution shall, consistent with conflicts. Among the differences from initial and ongoing FCOI reports to the subsection (f) of the preceding section the current text would be the addition PHS consistent with the regulations; (42 CFR 50.604 or 45 CFR 94.4): Review of a specific example in the human (4) agrees to make information available, all Investigator disclosures of SFIs; subjects research context. The ANPRM promptly upon request, to the HHS determine whether any SFIs relate to posed a number of questions related to relating to any Investigator disclosure of PHS-funded research; determine the issue of whether the regulations financial interests and the Institution’s whether a FCOI exists; and, if so, should be amended to require specific review of, or response to, such develop and implement a management approaches to management of FCOI disclosure, whether or not the plan that shall specify the actions that related to certain types of research or disclosure resulted in the Institution’s have been, and shall be, taken to alternatively, specific types of financial determination of a FCOI; and (5) shall manage such FCOI. The most significant interests or FCOI. After considering the fully comply with the requirements of change in the above proposed text is the comments, we agree with the majority of the regulations. Notably, this revised introduction of a management plan the respondents that this approach subsection would eliminate much of the requirement. Although the existing would not account for the full range of current certification language regarding regulations require Institutions to research projects as well as the large an Institution’s reporting obligations. In manage FCOI, the term ‘‘management contextual variation in circumstances in the existing regulations, the certification plan’’ is not used. While many which FCOI may arise. As a result, the requirement in subsection (g) essentially Institutions currently may develop and proposed revised regulations would provides the primary source of an implement management plans as a impose uniform FCOI management Institution’s reporting responsibilities means of fulfilling their FCOI responsibilities, regardless of the type of regarding FCOI. As described further management responsibilities, we believe research, financial interest, or identified below, we propose a substantial revision that explicitly incorporating this FCOI at issue. and expansion of the reporting requirement into the regulations would In addition to revising the current requirements and, thus, propose to further help to prevent the introduction regulation as described above, we also move the discussion of such of bias into PHS-funded research across propose to introduce two new requirements to a newly revised the research community. We have not subsections that clarify an Institution’s subsection 42 CFR 50.605(b), 45 CFR proposed to specify comprehensively in obligations in situations in which an 94.5(b). this subsection what elements must be Institution becomes aware of a SFI after included in a management plan, the PHS-funded research is already Management and Reporting of Financial however, as indicated in the discussion underway. Specifically, new subsection Conflicts of Interest (42 CFR 50.605, 45 of subsection (b) below, the expanded (a)(2) would require that whenever, in CFR 94.5) reporting requirements that we propose the course of an ongoing PHS-funded We propose to revise and expand would include an obligation to report a research project, a new Investigator substantially the current regulation description of certain ‘‘key elements’’ of participating in the research project regarding management of FCOI to the Institution’s management plan in discloses a SFI or an existing address requirements for both certain FCOI reports. Another change in Investigator discloses a new SFI to the management and reporting of FCOI. this subsection would be the deletion of Institution, the designated officials of The existing regulations require, at the current sentence that describes the Institution shall, within sixty days: subsection (a), that an Institution’s when a financial conflict of interest Review the SFI disclosure; determine designated official(s) review all exists. As discussed above, a modified whether it is related to PHS-funded financial disclosures and determine version of this sentence would be research; determine whether a FCOI whether a conflict of interest exists. If moved to the redesignated subsection (f) exists; and, if so, implement, on at least so, the official(s) must determine what of 42 CFR 50.604 and 45 CFR 94.4, as an interim basis, a management plan actions should be taken by the well as incorporated into a definition of that shall specify the actions that have institution to manage, reduce or ‘‘financial conflict of interest’’ in 42 CFR been, and will be, taken to manage the eliminate such conflict of interest. 50.603 and 45 CFR 94.3. FCOI. This subsection would Under the existing regulation, a conflict The revised subsection (a)(1) would additionally provide that, depending on of interest exists when the designated also include the following updated and the nature of the SFI, an Institution may official(s) reasonably determines that a expanded list of examples of conditions determine that additional interim SFI could directly and significantly or restrictions that might be imposed to measures are necessary with regard to affect the design, conduct, or reporting manage a FCOI: Public disclosure of the Investigator’s participation in the of the PHS-funded research. Subsection FCOI (e.g., when presenting or PHS-funded research project between (a) also provides examples of conditions publishing the research); for research the date of disclosure and the or restrictions that might be imposed to projects involving human subjects completion of the Institution’s review. manage conflicts of interest, research, disclosure of FCOI directly to A new subsection (a)(3) would specifically, public disclosure of SFIs, participants; appointment of an provide that whenever an Institution monitoring of research by independent independent monitor capable of taking identifies a SFI that was not disclosed reviewers, modification of the research measures to protect the design, conduct, timely by an Investigator or, for plan, disqualification from participation and reporting of the research against whatever reason, was not previously in all or a portion of the research funded bias, or the appearance of bias, resulting reviewed by the Institution during an by the PHS, divestiture of SFIs, or from the FCOI; modification of the ongoing PHS-funded research project

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(e.g., was not timely reviewed or implements a management plan disclosure of a SFI by a new PD/PI or reported by a subrecipient), the pursuant to the regulations, the new senior/key personnel for the PHS- designated officials shall, within sixty Institution must monitor Investigator funded research project, if the days: Review the SFI; determine compliance with the management plan Institution determines that the SFI is whether it is related to PHS-funded on an ongoing basis until the related to the PHS-funded research and research; determine whether a FCOI completion of the PHS-funded research is a FCOI. We would also require that exists; and, if so: (A) Implement, on at project. This subsection would dovetail information concerning the SFIs of an least an interim basis, a management with the new subsections (a)(2) and individual subject to this subsection plan that shall specify the actions that (a)(3), described above, by ensuring that (a)(5) shall remain available via the have been, and will be, taken to manage the management actions taken by an Institution’s publicly accessible Web such FCOI going forward; and (B) Institution at the time a FCOI is site for at least five years from the date implement, on at least an interim basis, identified continue to be followed by that the information was most recently a mitigation plan which shall include the Investigator(s) involved going updated. review and determination as to whether forward through the duration of the We are aware that this proposed any PHS-funded research, or portion project. public disclosure requirement was not thereof, conducted prior to the We propose to introduce at subsection discussed in the ANPRM. However, identification and management of the (a)(5) an important and significant new given the number and scope of public FCOI was biased in the design, conduct, requirement to help the biomedical and disclosure initiatives that have emerged or reporting of such research. This behavioral research community monitor since the ANPRM was developed, we subsection would additionally provide the integrity and credibility of PHS- believe it is appropriate to include such that, depending on the nature of the SFI, funded research and underscore our a provision in this Notice of Proposed an Institution may determine that commitment to fostering transparency, Rulemaking. For example, similar additional interim measures are accountability, and public trust. disclosure initiatives already are necessary with regard to the Specifically, we are proposing to amend underway at some Institutions and Investigator’s participation in the PHS- the regulations to require that, prior to pharmaceutical companies, and some funded research project between the the Institution’s expenditure of any states have implemented similar date that the SFI is identified and the funds under a PHS-funded research disclosure requirements legislatively. In completion of the Institution’s review. project, the Institution shall make addition, at the federal level, the Our interest in proposing new available via a publicly accessible Web recently enacted Patient Protection and subsections (a)(2) and (a)(3) is based, at site information concerning any SFI that Affordable Care Act (Affordable Care least in part, on our experience working meets the following three criteria: (A) Act), Public Law 111–148, includes with awardee Institutions and our The SFI was disclosed and is still held several public disclosure provisions. Of general impression that some by the PD/PI or any other Investigator greatest relevance, title VI, section 6002, Institutions may be more diligent about who has been identified by the of the Affordable Care Act generally addressing potential FCOI at the onset Institution as senior/key personnel for requires designated manufacturers of of a PHS-funded research project than the PHS-funded research project in the covered drugs, devices, biological or after the work is already underway. We grant application, contract proposal, medical supplies to submit certain also believe it is important to address in contract, progress report, or other information to HHS regarding certain the regulations circumstances in which required report submitted to the PHS; payments made to designated an Institution, for whatever reason, has (B) the Institution determines that the physicians and teaching hospitals not timely reviewed a SFI, particularly SFI is related to the PHS-funded annually beginning March 31, 2013, and when such SFI is later determined to be research; and (C) the Institution generally requires the Secretary of HHS a FCOI. In such circumstances, it is of determines that the SFI is a FCOI. to make such information publicly course important for an Institution to As part of this new subsection, we available through an Internet Web site manage the FCOI going forward, would require that the information annually beginning not later than however, there is also a critical need to posted include, at a minimum, the September 30, 2013. This section of the review and determine whether any bias following: The Investigator’s name; the Affordable Care Act includes similar was introduced into the research during Investigator’s position with respect to provisions that generally apply to the period of time prior to review and the research project; the nature of the information concerning ownership or management of the FCOI. We have SFI; and the approximate dollar value of investment interests held by designated proposed to address this need in the SFI (dollar ranges would be physicians in designated manufacturers subsection (a)(3) by introduction of a permissible; less than $20,000; less than and group purchasing organizations. In ‘‘mitigation plan’’ requirement. We have $50,000; less than $100,000; less than or addition to these institutional and not proposed the specific elements of a equal to $250,000; greater than legislative initiatives, many scientific mitigation plan because we believe $250,000), or a statement that the journals require authors to publicly different circumstances may necessitate interest is one whose value cannot be disclose information regarding their different measures. In some instances, readily determined through reference to research-related financial relationships, for example, it may be sufficient to public prices or other reasonable and many scientific organizations review a matter internally within a measures of fair market value. We impose similar requirements with given research department, while in propose to require the Institution to regard to speakers at scientific meetings other instances it may be appropriate to update the posted information at least and conferences. have individuals outside the department annually. We would also require the We recognize that the proposed or outside the Institution review and Institution to update the Web site public disclosure requirement would determine whether the design, conduct, within sixty days of the Institution’s place an additional administrative or reporting of the research in question receipt or identification of information burden on Institutions, and would also was biased by a belatedly-identified or concerning any additional SFI that was impact the privacy of Investigators who belatedly-reviewed FCOI. not previously disclosed by the PD/PI or have information related to their New subsection (a)(4) would require senior/key personnel for the PHS- personal financial interests posted that whenever an Institution funded research project, or upon the publicly to the extent such interests are

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determined to be FCOI. Consequently, it disclosure requirement in these conflicting interest managed, reduced, is important to identify the optimal regulations would be advantageous or eliminated, at least on an interim balance between these more onerous because, among other reasons, the basis, within sixty days of that impacts and the imperative to preserve information would derive directly from identification. the integrity of the public’s investment the Investigator and the Institution (as A new subsection (b)(1), as proposed, in biomedical and behavioral research. opposed to a third party not involved in would continue the existing regulation’s Therefore, we considered several the PHS-funded research) and the requirement with regard to the timing of alternatives to the proposed text of information can be updated timely. In initial FCOI reports and reference the subsection (a)(5), including: addition, confining the public proposed management plan 1. No requirement that Institutions disclosure requirement solely to those requirements addressed in the above publicly disclose Investigators’ SFI. SFIs determined by the Institution to be discussion of subsection (a). 2. A requirement that an Institution related to the PHS-funded research and Specifically, an Institution would be shall make available via a publicly to be FCOI limits the amount of required, prior to the Institution’s accessible Web site information Investigator financial information that is expenditure of any funds under a PHS- concerning any SFI disclosed to the made publicly available. We recognize, funded research project, to provide to Institution and still held by the PD/PI or however, that limiting the requirement the PHS Awarding Component a FCOI any other Investigator who has been for public disclosure in this manner report regarding any Investigator SFI identified by the Institution as senior/ does risk strengthening the found by the Institution to be conflicting key personnel for the PHS-funded misperception that any FCOI necessarily and ensure that the Institution has research project in the grant application, causes bias, which should not be the implemented a management plan in contract proposal, contract, progress case if the FCOI is sufficiently managed accordance with the regulations. report, or other required report by the Institution. Similarly, a new subsection (b)(2) submitted to the PHS. We welcome comment on the would continue the existing regulation’s The first alternative—i.e., no proposed requirement set forth in the requirement with regard to timing of requirement for public disclosure—has new subsection (a)(5) and the follow-up FCOI reports with examples the advantage of reducing the burden on alternatives described above, as well as of when such reports may be required Institutions and the privacy impact on suggestions for modifying the proposed as well as reference to the proposed Investigators. However, this alternative regulation language or suggestions for management plan and mitigation plan would not promote as much increased other alternative approaches. requirements addressed above in the transparency or accountability and, Subsection (b) of the current discussion of subsection (a). given the increasing number of other regulation provides that, in addition to Specifically, the regulation would public sources of at least some of this the types of conflicting financial require that for any SFI that the information, we are unconvinced that interests described in this paragraph Institution identifies as conflicting this alternative would be sufficient to that must be managed, reduced, or subsequent to the Institution’s initial assist the PHS in strengthening eliminated, an Institution may require FCOI report during an ongoing PHS- oversight and ensuring proper the management of other conflicting funded research project (e.g., upon the management of potential bias from financial interests, as the Institution participation of a new Investigator in FCOI. The second alternative—i.e., deems appropriate. We propose to the research project), the Institution requiring public disclosure of all SFIs maintain this requirement using slightly shall provide to the PHS Awarding held by certain Investigators—has the modified language in a new Component, within sixty days, a FCOI advantage of providing the public with redesignated subsection (a)(6). report regarding the FCOI and ensure more complete information that aligns In place of the existing subsection (b), that the Institution has implemented a and harmonizes with information other we propose to include a substantial management plan in accordance with sources (e.g., disclosures in journals, at revision and expansion of Institutions’ the regulations. Where such FCOI report meetings, and in accordance with the existing FCOI reporting requirements. involves a SFI that was not disclosed Affordable Care Act). Expanding the As indicated above, the certification timely by an Investigator or, for public disclosure requirement in this requirement in the existing 42 CFR whatever reason, was not previously manner, however, could increase the 50.604(g), 45 CFR 94.4(g), essentially reviewed by the Institution (e.g., was administrative burden on the provides the primary source of an not timely reviewed or reported by a Institutions in some respects (due to an Institution’s FCOI reporting subrecipient), the Institution also would increase in volume of posted responsibilities under the current be required to provide with its FCOI information) and raise privacy concerns regulations. The existing provision report the mitigation plan implemented among impacted Investigators given the requires—as part of the Institution’s by the Institution to determine whether increased scope of financial interest certification in each contract proposal or any PHS-funded research, or portion information, not all of which is related application for funding to which the thereof, conducted prior to the to PHS-funded research, that would be regulations apply—that, prior to the identification and management of the made publicly available. This Institution’s expenditure of any funds FCOI was biased in the design, conduct, requirement also risks strengthening the under the award, the Institution will or reporting of such research. misperception that all SFI constitute report to the PHS Awarding Component In the ANPRM, we requested FCOI. the existence of a conflicting interest comment on whether Institutions The text proposed in subsection (a)(5) (but not the nature of the interest or should be required to report additional is an attempt to balance the concerns other details) found by the Institution information to the PHS Awarding presented by these and other and assure that the interest has been Component and if so, what kind of alternatives by including a public managed, reduced, or eliminated in information would provide valuable disclosure requirement, but limiting it accordance with the regulation; and, for data to the PHS Awarding Component to public disclosure of SFIs determined any interest that the Institution in evaluating these reports and the by the Institution to be related to the identifies as conflicting subsequent to potential risk of bias in the conduct of PHS-funded research and to be FCOI. the Institution’s initial report under the research. Many respondents supported We believe that including a public award, the report will be made and the such a requirement and indicated that

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reporting additional information would We propose to introduce in a new discussed above. Specifically, allow for enhanced oversight by the subsection (b)(4) a new requirement to subsection (b) would provide that the PHS Awarding Component. provide follow-up reports in cases in HHS may inquire at any time (i.e., Consistent with these public which an FCOI has been previously before, during, or after award) into any comments, we are proposing a new identified and reported. Specifically, the Investigator disclosure of financial subsection (b)(3) that would identify the regulation would require that for any interests and the Institution’s review of, information that must be included in FCOI previously reported by the or response to, such disclosure, whether the FCOI reports required under Institution with regard to an ongoing or not the disclosure resulted in the subsections (b)(1) and (b)(2), described PHS-funded research project, the Institution’s determination of a FCOI. above. Specifically, any FCOI report Institution shall provide an annual FCOI Similar to the existing regulations, an required under these subsections would report that addresses the status of the Institution would be required to submit, be required to include sufficient FCOI and any changes to the or permit on site review of, all records information to enable the PHS management plan to the PHS Awarding pertinent to compliance with the Awarding Component to understand the Component for the duration of the PHS- regulations. nature and extent of the financial funded research project. The annual Subsection (b) would also be revised conflict, and to assess the FCOI report would be required to to clarify the types of actions that may appropriateness of the Institution’s specify whether the financial conflict is be taken if a PHS Awarding Component management plan. As proposed, still being managed or explain why the decides that a particular FCOI will bias elements of the FCOI report shall FCOI no longer exists. The regulations the objectivity of the PHS-funded include, but are not limited to the would require the Institution to provide research to such an extent that further following: annual FCOI reports to the PHS corrective action is needed or that the • Project/Contract number; Awarding Component for the duration Institution has not managed the FCOI in • PD/PI or Contact PD/PI if multiple of the project period (including accordance with the regulations. With PD/PI model is used; extensions with or without funds) in the regard to grants and cooperative • Name of the Investigator with the time and manner specified by the PHS agreements, in particular, subsection FCOI; Awarding Component. If this provision 50.606(b) would specify that the PHS • Nature of the financial interest (e.g., were to be implemented as part of a Awarding Component may determine equity, consulting fee, travel Final Rule, we anticipate that PHS that imposition of special award reimbursement, honorarium); Awarding Components would provide conditions under 45 CFR 74.14 or • Value of the financial interest guidance to Institutions regarding the suspension of funding or other (dollar ranges would be permissible: $0– specific mechanics for filing annual enforcement action under 45 CFR 74.62 $4,999; $5,000–$9,999; $10,000– FCOI reports. is necessary until the matter is resolved. $19,999; amounts between $20,000– Finally, we propose in a new Correspondingly, subsection 94.6(b) X$100,000 by increments of $20,000; subsection (b)(5) language with regard to would specify for PHS contracts that the amounts above $100,000 by increments FCOI reporting that is similar to the PHS Awarding Component may of $50,000), or a statement that the language for FCOI management determine that issuance of a Stop Work interest is one whose value cannot be proposed in the redesignated subsection Order by the Contracting Officer or readily determined through reference to (a)(5), described above. Namely, we other enforcement action is necessary public prices or other reasonable propose that in addition to the types of until the matter is resolved. measures of fair market value; financial conflicts of interest as defined We propose to revise subsection (c) to • A description of how the financial in the regulations that must be reported add that in any case in which the HHS interest relates to the PHS-funded pursuant to this section, an Institution determines that a PHS-funded project of research and the basis for the may require the reporting of other FCOI, clinical research whose purpose is to Institution’s determination that the as the Institution deems appropriate. evaluate the safety or effectiveness of a drug, medical device, or treatment has financial interest conflicts with such Remedies (42 CFR 50.606, 45 CFR 94.6) research; been designed, conducted, or reported • A description of the key elements of We propose limited revisions to the by an Investigator with a FCOI that was the Institution’s management plan, existing regulation regarding remedies. not managed or reported by the including: Subsection (a) currently provides that if Institution as required by the Æ The role and function of the the failure of an Investigator to comply regulations, the Institution must not conflicted Investigator in the research with the conflict of interest policy of the only require the Investigator involved to project; Institution has biased the design, disclose the FCOI in each public Æ The rationale for including the conduct, or reporting of the PHS-funded presentation of the results of the conflicted Investigator in the research research, the Institution must promptly research, but also to request an project; notify the PHS Awarding Component of addendum to previously published Æ The conditions of the management the corrective action taken or to be presentations. plan; taken. We propose to revise this We propose additional minor Æ How the management plan will requirement such that it applies if an revisions to this section as part of a safeguard objectivity in the research Investigator’s failure to comply with an broader effort to improve internal project; Institution’s FCOI policy or a FCOI consistency with regard to the use of Æ Confirmation of the Investigator’s management plan appears to have various terms and phrases throughout agreement to the management plan; biased the design, conduct, or reporting these regulations and, where feasible, Æ How the management plan will be of the PHS-funded research. consistency between the text of 42 CFR monitored to ensure Investigator In subsection (b), we propose to Part 50, Subpart F, and 45 CFR Part 94. compliance; incorporate language regarding the Æ Other information as needed. Department’s right of inquiry and access Other HHS Regulations That Apply (42 We welcome public comment on the to records that is consistent with the CFR 50.607) FCOI report elements that we propose to proposed certification provision in 42 We propose minor revisions to the list include in the new subsection (b)(3). CFR 50.604(k)(4), 45 CFR 94.4(k)(4), of other HHS regulations that apply to

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update changes that have been made in publicly accessible Web site. If this STTR Program Phase I applications in the CFR location or title of the existing additional revision to subsection (a) sections 50.602 and 94.4, respectively. references in this section. In the course were to be incorporated, further This would affect approximately 2000 of our review, we considered whether corresponding revisions to the small business concerns that apply for this section was necessary, or whether regulations would be made as necessary, SBIR/STTR Program Phase I funding. it should be deleted as potentially e.g., to the Purpose section (42 CFR All other proposed changes to the confusing to readers with regard to the 50.601, 45 CFR 94.1). regulations apply only to the scope of additional regulations that may Whether or not final regulations approximately 1200 small business apply to a given Institution or includes further revisions to address concerns that receive PHS funding Investigator. We welcome comment on institutional conflict of interest, the (under both the SBIR/STTR Program Department will continue to consider whether the regulations should be Phase I and Phase II programs). The cost the issue carefully and may propose in further revised to delete this section. of implementing the amended the future more comprehensive III. Institutional Conflict of Interest revisions to the regulations to address regulations is an allowable cost eligible Institutional conflict of interest is a this subject. for reimbursement as a Facilities and subject that is not specifically addressed Administrative cost on PHS-supported in the current regulations. Because this IV. Regulatory Impact Analyses (RIA) grants, cooperative agreements and is a topic of increasing interest to the The following is provided as public contracts. This generally offsets the cost Department as well as in the research information. burdens of implementation. Therefore, we do not believe that the proposed community, we invited public comment Analysis of Impacts in the ANPRM on the possible revision changes to the regulations would have of the regulations to address We have examined the impacts of the a significant economic impact on a institutional conflict of interest. In proposed amendments to 42 CFR Part substantial number of small entities. particular, we asked (a) how 50 Subpart F and 45 CFR Part 94 under Our analysis is further supported by the ‘‘institutional conflict of interest’’ would Executive Order 12866, the Regulatory small number of FCOI reports submitted be defined, and (b) what an institutional Flexibility Act (5 U.S.C. 601–612), and to NIH by small business concerns— conflict of interest policy would address the Unfunded Mandates Reform Act of four reports were submitted in FY2008 in order to assure the PHS of objectivity 1995 (Pub. L. 104–4). Executive Order and ten in FY2009. Finally, we 12866, Regulatory Planning and Review, in research. considered the impact of the proposed directs agencies to assess all costs and The comments that we received in requirement for Investigator training benefits of available regulatory response to these questions every two years on small entities. For alternatives and, when regulation is demonstrated a variety of viewpoints on the current regulation, NIH developed this complex issue and, in particular, necessary, to select regulatory approaches that maximize net benefits training materials that Institutions, the extensive differences in including those that small businesses, administrative structure among (including potential economic, can use which are available on the NIH Institutions that receive PHS funding. environmental, public health and safety, Web site at http://grants.nih.gov/grants/ As a result, we believe that further and other advantages; distributive policy/coi/index.htm. NIH will continue careful consideration is necessary before impacts; and equity). The Executive PHS regulations could be formulated Order defines an economically to update the training materials when that would address the subject of significant regulatory action as one that the Final Rule is published to institutional conflict of interest in the would have an annual effect on the ameliorate the burden on Institutions, same comprehensive manner as the economy of $100 million or more. Based including small businesses. proposed regulations regarding on our analyses, we believe that the Section 202(a) of the Unfunded Investigator FCOI. Because we believe it proposed amendments to the Mandates Reform Act of 1995 requires is important to revise the existing regulations do not constitute an that agencies prepare a written regulations regarding Investigator FCOI economically significant regulatory statement, which includes an in a timely manner, our proposed action under this definition. assessment of anticipated costs and revisions to the text of the regulations The Regulatory Flexibility Act benefits, before proposing ‘‘any rule that are limited to the subject of Investigator requires agencies to analyze regulatory includes any Federal mandate that may FCOI. options that would minimize any result in the expenditure by State, local, Notwithstanding this limitation, we significant impact of the rule on small and tribal governments, in the aggregate, welcome comment on whether the entities. For the purposes of this or by the private sector, of $100,000,000 regulations should be further revised to analysis, small entities include small or more (adjusted annually for inflation require Institutions, at a minimum, to business concerns as defined by the with base year of 1995) in any one year.’’ adopt some type of policy on SBA, usually businesses with fewer The current inflation-adjusted statutory institutional conflict of interest, even if than 500 employees. Approximately threshold is approximately $142 2800 12 such organizations apply for the scope and elements of the policy million.14 The agency does not expect research funding annually, of which remain undefined in the regulations. For that the proposed amendments to the example, in addition to the changes we approximately 1300 13 are awarded regulations will result in any 1-year have proposed herein to subsection (a) funds. The only proposed change to the expenditure that would meet or exceed of 42 CFR 50.604 and 45 CFR 94.4, current regulations that pertains to this amount. discussed above, this subsection could applicant organizations is the proposed be further revised to require that each removal of the exemption for SBIR/ Though the proposed amendments Institution shall maintain up-to-date, will not result in the expenditures listed written, enforced policies on 12 All applicant Institution numbers are based on above, we do discuss the effects of the Investigator financial conflicts of the number of Institutions that applied for NIH amendments elsewhere in this funding in FY2008. preamble. interest and institutional conflict of 13 All awardee Institution numbers are based on interest that comply with this subpart, the number of Institutions that were awarded NIH and make such policies available via a funding in FY2008. 14 Bureau of Labor Statistics inflation calculator.

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Benefits be subject to the amended regulations. estimated 40,500 Investigators The proposed amendments to the The only proposed change to the current participating in PHS-funded research regulations on the Responsibility of regulations that pertains to applicant that have Significant Financial Interests. Applicants for Promoting Objectivity in organizations, however, pertains to a The cost of implementing the amended Research for which PHS Funding is subset of applicant organizations and regulations is an allowable cost eligible Sought (42 CFR Part 50, Subpart F) and that is the proposed removal of the for reimbursement as a Facilities and Responsible Prospective Contractors (45 exemption for SBIR/STTR Program Administrative cost on PHS supported CFR Part 94) would expand and add Phase I applications in sections 50.602 grants, cooperative agreements and transparency to investigator disclosure and 94.4, respectively, which would contracts. This generally offsets the cost of Significant Financial Interests as well affect approximately 2000 small burdens of implementation for the as enhance regulatory compliance and business concerns. The remaining affected Institutions and through their effective oversight of financial conflicts proposed amendments would affect the implementation of the regulations, to approximately 2800 organizations (of all of interest. the Investigators. That said, we are types, including small businesses) that including a description of the projected Costs are awarded PHS funding annually and, costs of the proposed amendments to Approximately 5000 Institutions that through the implementation of the apply for PHS funding annually would regulations by the Institutions, to the the regulations for general information.

42 CFR Part 50 Estimated annual Subpart F/45 CFR New proposed Number of Frequency of re- Estimated cost per 15 cost 16 Part 94 requirement? respondents sponse (annual) response

50.602/94.2 ...... Only for SBIR/STTR Total: ∼5,000 appli- NA ...... NA ...... Total estimated an- Phase I applicants. cant Institutions nual cost and 2,800 awardee $$12,047,525.19 institutions 17 and an estimated 40,500 investigators. New: Approximately 2,000 applicant In- stitutions and 700 awardee Institu- tions.18 50.604/94.4 (a) ...... Only making the pol- 2,800 20 ...... 1 ...... $665 ...... $1,862,000. icy public. (b) ...... Only the training Institutions: 2,800 21 .. Institutions: 1 ...... Institutions: $105 ...... Institutions: $294,000. component is new. Investigators: Investigators: 0.5 ...... Investigators: $17.5 .. Investigators: 40,500.22 Total: $122.5 ...... $708,750. Total: $1,002,750. (c)(1) ...... n—clarification of cur- 700 23 ...... 1 ...... $35.00 ...... $24,500. rent requirements. (d) ...... y ...... 2,800 24 ...... 1 ...... $35 ...... $98,000. (e)(1) ...... n but scope has 40,500 25 ...... 1 ...... $70 ...... $2,835,000. changed. (e)(2) ...... n ...... 40,500 ...... 1 ...... $17.50 26 ...... $708,750. (e)(3) ...... n ...... 1,000 27 ...... 1 ...... $17.50 ...... $17,500. (f) ...... n but scope has 2,800 awardee Insti- 1 ...... $35.00 ...... $98,000. changed. tutions. (i) ...... n ...... 2,800 awardee Insti- 1 ...... $140 ...... $392,000. tutions. 50.605/94.5 (a)(1) ...... Requirement to de- 2,800 awardee insti- 1 ...... $35 for review of $4,217,500.29 velop a manage- tutions.28 40,500 disclosures ment plan. and $2,800 for developing management plan for 1,000 identified FCOI. (a)(2) ...... n ...... 1,000 30 ...... NA 31 ...... NA ...... NA. (a)(3) ...... y ...... 500 32 ...... 1 ...... $105 ...... $52,200. (a)(3)(i) ...... n ...... 50 33 ...... 1 ...... $2,800 34 ...... $140,000. (a)(3)(ii) ...... y ...... 50 35 ...... 1 ...... $280 36 ...... $14,000. (a)(4) ...... y ...... 1,000 37 ...... 12 ...... $35 ...... $420,000. (a)(5) ...... y ...... 2,800 ...... 1 ...... $35 38 ...... $98,000. (b)(1) ...... n but amount of infor- Included in NA ...... NA ...... NA. mation reported 50.605(b)(3)/94.5 has changed. (b)(3) below. (b)(2) ...... y ...... 100 39 ...... 1 ...... $70 ...... $7,000. (b)(3) ...... y ...... 1,000 ...... 1 ...... $35 ...... $35,000.40 (b)(4) ...... n but scope has been 1,000 ...... 1 ...... $17.50 41 ...... $17,500. clarified. 50.606/94.6

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42 CFR Part 50 New proposed Number of Frequency of re- Estimated cost per Estimated annual Subpart F/45 CFR 15 16 Part 94 requirement? respondents sponse (annual) response cost

(a) ...... n—but scope has 20 42 ...... 1 ...... $350 ...... $7,000. been clarified. (c) ...... n—only the adden- 50 43 ...... 3 44 ...... $10.50 ...... $525. dum to previously published presentations is new.

Alternatives be to continue to operate under the have indicated in various provisions of The key alternative to the proposed current regulations. In the intervening the preamble to this Notice of Proposed amendment of these regulations would years since the regulation was Rulemaking the basis for the promulgated, Investigator collaborations Department’s proposed approach versus 15 Average burden hours × $35/hour based on have become more complex and public alternatives. (See, e.g., section III recent NIH cost analyses. scrutiny has increased significantly regarding institutional conflicts of 16 Number of respondents × estimated cost per creating an environment that would interest.) response. benefit from a regulation with more 17 Based on FY2008 numbers. effective means for management and Paperwork Reduction Act 18 Will be newly covered by the regulations under oversight. If we continue to operate the proposed expansion to include the SBIR/STTR This proposed rule contains under the current regulations, we would phase I program. requirements that are subject to OMB 19 Sum of all the columns below. then lose the opportunity to implement approval under the Paperwork 20 Assumes 2,800 awardee Institutions and 19 enhanced institutional management of Reduction Act of 1995, as amended (44 hours per institution for formulating and Investigator financial conflicts of maintaining the policy. Also assumes that all U.S.C. chapter 35). Sections 50.604(a), awardee Institutions already maintain a public Web interests related to PHS-funded research, increased oversight by the PHS 50.604(b), 50.604(c)(1), 50.604(d), site. Therefore, posting the policy to the Web site 50.604(e)(1), 50.604(e)(2), 50.604(e)(3), is an incremental cost. funding component, and enhanced 21 Assumes that 2,800 awardee institutions: 1. transparency. We believe that the 50.604(f), 50.605(a)(1), 50.605(a)(3), Inform investigators about the policy on an annual incremental increase in the cost of 50.605(a)(3)(i), 50.605(a)(3)(ii), basis by sending a notification to all investigators 50.605(a)(4), 50.605(a)(5), 50.605(b)(1), = 1 hour and 2. Annually adapt NIH-provided implementing the proposed regulation training materials to Institutional needs = 2 hours. is outweighed by the benefits of these 50.605(b)(2), 50.605(b)(3), 50.605(b)(4), 22 Assumes 40,500 Investigators undergo 1 hour changes and that the proposed 50.606(a), 50.606(c); 94.4(a), 94.4(b), of training every two years. This refers to FCOI regulation will strengthen public trust 94.4(c)(1), 94.4(d), 94.4(e)(1), 94.4(e)(2), training only and is based on the use of training 94.4(e)(3), 94.4(f), 94.5(a)(1), 94.5 (a)(3), materials developed by the NIH and adapted to the in PHS-funded research. With regard to Institution’s needs. alternative approaches to particular 94.5(a)(3)(i), 94.5(a)(3)(ii), 94.5(a)(4), 23 An estimated maximum 25% of Institutions requirements in the regulations, we 94.5(a)(5), 94.5(b)(1), 94.5(b)(2), may have sub-recipients in any one year—assuming 94.5(b)(3), 94.5(b)(4), 94.6(a), and 94.6(c) 1 hour per Institution to incorporate the 35 Assumes only a fraction of the newly identified contain reporting and information requirement of the regulations into an already SFIs will constitute FCOI. existing written agreement. collection requirements that are subject 36 Assumes the mitigation plan will be adapted 24 to OMB approval under the Paperwork Assumes that 2,800 awardee institutions solicit from the management plan developed in 50.605/ disclosures on an annual basis by sending a 94.5 (a)(3)(i) above and therefore will cost less than Reduction Act. notification to all investigators. developing an entirely new plan. 25 The financial disclosure burden estimate is Sections 50.604(i), and 94.4(i), 37 Based on previous assumption of 1,000 FCOI contain recordkeeping requirements that based upon an investigator figure of 40,500 with an reports annually. average response time of 2 hours. 38 Assumes that all awardee Institutions already are subject to OMB review under the 26 Assumes that updating a disclosure takes less maintain a public Web site. Adding the required Paperwork Reduction Act. The title, time/effort and therefore costs less than creating a information is an incremental cost. However, description, and respondent description new one. updating annually does have a cost. 27 of the information collection and Assumes that only a small number of the 39 The cost of subsequent reports of conflicts is 40,500 investigators will have a new SFI in any significantly less, because we do not expect many recordkeeping requirements contained year. additional reportable conflicts and there will be in this proposed rule have been 28 Although not more than 1,000 reports of only a limited number of disclosures to review. submitted to OMB for review. Other Conflict of Interest are expected annually, the 2,800 40 Assumes 1,000 FCOI reports annually × 1 hour organizations and individuals desiring responding institutions must review all financial × $35/hour to prepare the report/complete an NIH- disclosures associated with PHS-funded awards to provided web form. to submit comments on the information determine whether any conflicts of interest exist. 41 Assumes it takes less time to update a report collection and recordkeeping Thus, the review cost of $1,417,500 is based upon than to create a new one. requirements should send their estimates that it will take on the average 1 hour to 42 This was originally estimated in the 1995 Final review each of 40,500 financial disclosures comments to: (1) Mikia Currie, Project Rule to be no more than 5 instances that the failure associated with PHS-funded awards. The cost for Clearance Officer, National Institutes of of an investigator to comply with the institution’s developing a management plan for identified FCOI conflict of interest policy has biased the design, Health, Rockledge Center 1, 6705 is estimated at 80 hours × 1,000 cases × $35/hour conduct or reporting of the research. ‘‘Objectivity in Rockledge Drive, Room 3509, Bethesda, = $2,800,000. Research, Final Rule’’ 60 FR 132 (July 11, 1995) pps. 29 $4,252,500 for review plus $2,800,000 for MD 20817, telephone 301–594–7949 35810–35819. This estimate, and others were (not a toll-free number); and (2) the developing management plans = $7,052,500. increased in 2002 ‘‘due to increased numbers of 30 Based on 50.604/94.4 (e)(3) above. institutions and investigators.’’ Office of Information and Regulatory 31 The cost is included in 50.605/94.5 (b)(2) 43 Number based on 50.605/94.5 (a)(3)(i)—of Affairs, OMB, below. those only a fraction will relate to a project of [email protected] or by fax to 32 Assumes that this is a rare occurrence, based clinical research whose purpose is to evaluate the 202–395–6974, and mark ‘‘Attention: on prior experience. safety or effectiveness of a drug, medical device, or 33 Assumes only a fraction of the newly identified treatment, but we are calculating the maximum Desk Officer for the National Institutes SFIs will constitute FCOI. assumed cost. of Health, Department of Health and 34 Development of management plan. 44 Assumes an average of 3 publications annually. Human Services.’’ After we obtain OMB

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approval, we will publish the OMB Following are details of the estimated control number in the Federal Register. burden of implementing the proposed regulations.

Frequency of 42 CFR Part 50 Sub- New proposed Number of response Average burden Annual burden 45 part F/45 CFR Part 94 requirement? respondents (annual) hours hours

50.602/94.2 ...... Only for SBIR/STTR Total: ∼5,000 appli- NA ...... NA ...... Total estimated bur- Phase I applicants. cant Institutions den hours: and 2,800 awardee 344,215.48 institutions 46 and an estimated 40,500 investigators. New: Approximately 2,000 applicant In- stitutions and 700 awardee Institu- tions.47 50.604/94.4 (a) ...... Only making the pol- 2,800 49 ...... 1 ...... 19 ...... 53,200. icy public. (b) ...... Only the training Institutions: 2,800 50 .. Institutions: 1 ...... Institutions: 3 ...... Institutions: 8,400. component. Investigators: Investigators: 0.5 ...... Investigators: 1 ...... Investigators: 20,250. 40,500.51 (c)(1) ...... n-clarification of cur- 700 52 ...... 1 ...... 1 ...... 700. rent requirements. (d) ...... y ...... 2,800 53 ...... 1 ...... 1 ...... 2,800. (e)(1) ...... n but scope has 40,500 54 ...... 1 ...... 2 ...... 81,000. changed. (e)(2) ...... n ...... 40,500 ...... 1 ...... 0.5 55 ...... 20,250. (e)(3) ...... n ...... 1,000 56 ...... 1 ...... 0.5 ...... 500. (f) ...... n but scope has 2,800 awardee Insti- 1 ...... 1 ...... 2,800. changed. tutions. (i) ...... n ...... 2,800 awardee Insti- 1 ...... 4 ...... 11,200. tutions. 50.605/94.5 (a)(1) ...... Requirement to de- 2,800 awardee insti- 1 ...... 1 hour per disclosure 120,500.58 velop a manage- tutions.57 to review plus 80 ment plan. hours per identified FCOI to develop management plan. (a)(2) ...... n ...... 1,000 59 ...... NA 60 ...... NA ...... NA. (a)(3) ...... y ...... 500 61 ...... 1 ...... 3 ...... 1500. (a)(3)(i) ...... n ...... 50 62 ...... 1 ...... 80 63 ...... 4,000. (a)(3)(ii) ...... y ...... 50 64 ...... 1 ...... 8 65 ...... 400. (a)(4) ...... y ...... 1,000 66 ...... 12 ...... 1 ...... 12,000. (a)(5) ...... y ...... 2,800 ...... 1 67 ...... 1 ...... 2,800. (b)(1) ...... n but amount of infor- Included in NA ...... NA ...... NA. mation reported 50.605(b)(3)/94.5 has changed. (b)(3) below. (b)(2) ...... y ...... 100 68 ...... 1 ...... 2 ...... 200. (b)(3) ...... y ...... 1,000 ...... 1 ...... 1 ...... 1,000.69 (b)(4) ...... n-scope has been 1,000 ...... 1 ...... 0.5 70 ...... 500. clarified. 50.606/94.6 (a) ...... n-scope has been 20 71 ...... 1 ...... 10 ...... 200. clarified. (c) ...... n-only the addendum 50 72 ...... 3 73 ...... 0.3 ...... 15. to previously published presentations.

Environmental Impact nor an environmental impact statement is required. 49 Assumes 2,800 awardee Institutions and 19 We have determined that this action hours per institution for formulating and maintaining the policy. Also assumes that all is of a type that does not individually 45 Number of respondents × average burden hours awardee Institutions already maintain a public Web or cumulatively have a significant effect × frequency of response. site. Therefore, posting the policy to the Web site 46 Based on FY2008 numbers. on the human environment. Therefore, is an incremental burden. 47 Will be newly covered by the regulations under neither an environmental assessment 50 the proposed expansion to include the SBIR/STTR Assumes that 2,800 awardee institutions: 1. phase I program. Inform investigators about the policy on an annual 48 Sum of all the columns below. basis by sending a notification to all investigators Continued

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Catalogue of Federal Domestic 93.837—Cardiovascular Diseases Research = 1 hour, and 2. Annually adapt NIH-provided Assistance 93.838—Lung Diseases Research training materials to Institutional needs = 2 hours. 93.839—Blood Diseases and Resources The Catalogue of Federal Domestic 51 Assumes 40,500 Investigators undergo 1 hour Research of training every two years. This refers to FCOI Assistance numbered programs 93.846—Arthritis, Musculoskeletal and Skin training only and is based on the use of training applicable to this proposed rule are: Diseases Research materials developed by the NIH and adapted to the 93.113—Environmental Health 93.847—Diabetes, Digestive, and Kidney Institution’s needs. 93.121—Oral Diseases and Disorders Diseases Extramural Research 52 An estimated maximum 25% of Institutions 93.853—Extramural Research Programs in may have sub-recipients in any one year—assuming Research 93.142—NIEHS Hazardous Waste Worker the Neurosciences and Neurological 1 hour per Institution to incorporate the Disorders requirement of the regulations into an already Health and Safety Training 93.143—NIEHS Superfund Hazardous 93.855—Allergy, Immunology and existing written agreement. Transplantation Research 53 Assumes that 2,800 awardee institutions solicit Substances—Basic Research and Education 93.856—Microbiology and Infectious disclosures on an annual basis by sending a Diseases Research notification to all investigators. 93.172—Human Genome Research 93.859—Biomedical Research and Research 54 The financial disclosure burden estimate is 93.173—Research Related to Deafness and Training based upon an investigator figure of 40,500 with an Communication Disorders average response time of 2 hours. 93.187—Undergraduate Scholarship Program 93.865—Child Health and Human 55 Assumes that updating a disclosure takes less for Individuals from Disadvantaged Development Extramural Research time/effort than creating a new one. Backgrounds 93.866—Aging Research 56 Assumes that only a small number of the 93.209—Contraception and Infertility 93.867—Vision Research 40,500 investigators will have a new SFI in any Research Loan Repayment Program 93.879—Medical Library Assistance year. 93.213—Research and Training in 93.891—Alcohol Research Center Grants 57 Although not more than 1,000 reports of Complementary and Alternative 93.989—International Research and Research Conflict of Interest are expected annually, the 2,800 Medicine Training responding institutions must review all financial 93.220—Clinical Research Loan Repayment disclosures associated with PHS-funded awards to List of Subjects determine whether any conflicts of interest exist. Program for Individuals from Thus, the review burden of 40,500 hours is based Disadvantaged Backgrounds 42 CFR Part 50 upon estimates that it will take on the average 1 93.233—National Center on Sleep Disorders 45 CFR Part 94 Research hour for an institutional official to review each of Colleges and universities, Conflict of 40,500 financial disclosures associated with PHS 93.242—Mental Health Research Grants funded awards.. The burden for developing a 93.271—Alcohol Research Career interests, Contracts, Financial management plan for identified FCOI is estimated Development Awards for Scientists and disclosure, Grants-health, Grants at 80 hours × 1,000 cases = 80,000 hours. Clinicians programs, Non-profit organizations, 58 40,500 for reviewing disclosures from 40,500 93.272—Alcohol National Research Service Research, Scientists, Small businesses. Investigators plus 80,000 for developing Awards for Research Training For the reasons set forth in the management plans for 1,000 identified FCOI. 93.273—Alcohol Research Programs 59 preamble, the Department proposes to Based on 50.604/94.4 (e)(3) above. 93.279—Drug Abuse and Addiction Research 60 The burden is included in 50.605/94.5 (b)(2) Programs amend 42 CFR chapter I, subchapter D, below. 93.280—National Institutes of Health Loan part 50, subpart F and 45 CFR subtitle 61 Assumes that this is a rare occurrence, based Repayment Program for Clinical A, subchapter A, part 94 as follows: on prior experience. Researchers 62 Assumes only a fraction of the newly identified TITLE 42—GRANTS AND 93.281—Mental Health Research Career/ SFIs will constitute FCOI. Scientist Development Awards AGREEMENTS 63 Development of management plan. 93.282—Mental Health National Research 64 Assumes only a fraction of the newly identified Service Awards for Research Training PART 50—POLICIES OF GENERAL SFIs will constitute FCOI. APPLICABILITY 65 Assumes the mitigation plan will be adapted 93.285—National Institutes of Health from the management plan developed in 50.605/ Pediatric Research Loan Repayment 1. Revise Subpart F to read as follows: 94.5(a)(3)(i) above and therefore will take less time/ Program effort than developing an entirely new plan. 93.286—Discovery and Applied Research for Subpart F—Promoting Objectivity in 66 Based on previous assumption of 1,000 FCOI Technological Innovations to Improve Research reports annually. Human Health 67 Assumes that all awardee Institutions already 93.307—Minority Health and Health Sec. maintain a public Web site. Adding the required Disparities Research 50.601 Purpose. information is an incremental burden. However, 93.310—Trans-NIH Research Support 50.602 Applicability. updating annually does have a burden. 93.361—Nursing Research 50.603 Definitions. 68 The burden for subsequent reports of conflicts 93.389—National Center for Research 50.604 Responsibilities of Institutions is significantly less, because we do not expect many Resources additional reportable conflicts and there will be regarding Investigator financial conflicts 93.393—Cancer Cause and Prevention of interest. only a limited number of disclosures to review. Research 69 × 50.605 Management and reporting of Assumes 1,000 FCOI reports annually 1 hour 93.394—Cancer Detection and Diagnosis to prepare the report/complete an NIH-provided financial conflicts of interest. Research Web form. 50.606 Remedies. 93.395—Cancer Treatment Research 70 Assumes it takes less time to update a report 50.607 Other HHS regulations that apply. than to create a new one. 93.396—Cancer Biology Research 71 This burden was originally estimated in the 93.397—Cancer Centers Support Grants Subpart F—Promoting Objectivity in 93.398—Cancer Research Manpower 1995 Final Rule to be no more than 5 instances that Research the failure of an investigator to comply with the 93.399—Cancer Control institution’s conflict of interest policy has biased 93.701—Trans-NIH Recovery Act Research the design, conduct or reporting of the research. Support RECOVERY Authority: 42 U.S.C. 216, 289b–1, 299c– ‘‘Objectivity in Research, Final Rule’’ 60 FR 132 93.702—National Center for Research 4; Sec. 219, Tit. II, Div. D, Pub. L. 111–117, (July 11, 1995) pps. 35810–35819. This burden Resources, Recovery Act Construction 123 Stat. 3034. estimate and others was increased in 2002 ‘‘due to Support Recovery increased numbers of institutions and § 50.601 Purpose. investigators.’’ This subpart promotes objectivity in 72 Number based on 50.605/94.5(a)(3)(i)—of those treatment, but we are calculating the maximum only a fraction will relate to a project of clinical assumed burden/cost. research by establishing standards that research whose purpose is to evaluate the safety or 73 Assumes an average of 3 publications annually. provide a reasonable expectation that effectiveness of a drug, medical device, or

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the design, conduct, and reporting of such funding, including persons who honoraria, paid authorship, travel research funded under PHS grants or are subgrantees, contractors, reimbursement); equity interest includes cooperative agreements is free from bias collaborators, or consultants. any stock, stock option, or other resulting from Investigator financial Manage means to take action to ownership interest, as determined conflicts of interest. address a financial conflict of interest, through reference to public prices or which includes reducing or eliminating other reasonable measures of fair market § 50.602 Applicability. the financial conflict of interest, to value; This subpart is applicable to each ensure that the design, conduct, or (ii) With regard to any non-publicly Institution that is applying for, or that reporting of research is free from bias or traded entity, a significant financial receives, PHS research funding by the appearance of bias. interest exists if the value of any means of a grant or cooperative PD/PI means a project director or remuneration received from the entity agreement and, through the principal investigator of a PHS-funded in the twelve months preceding the implementation of this subpart by the research project. disclosure, when aggregated, exceeds Institution, to each Investigator PHS means the Public Health Service, $5,000, or the Investigator (or the participating in such research. In those an operating division of the U.S. Investigator’s spouse or dependent few cases where an individual, rather Department of Health and Human children) holds any equity interest (e.g., than an Institution, is applying for, or Services, and any components of the stock, stock option, or other ownership receives, PHS research funding, PHS PHS to which the authority involved interest); or Awarding Components will make case- may be delegated, including the (iii) Intellectual property rights (e.g., by-case determinations on the steps to National Institutes of Health. patents, copyrights), royalties from such be taken, consistent with this subpart, to PHS Awarding Component means the rights, and agreements to share in provide a reasonable expectation that organizational unit of the PHS that royalties related to such rights. the design, conduct, and reporting of the funds the research that is subject to this (2) The term significant financial research will be free from bias resulting subpart. interest does not include the following from a financial conflict of interest of Public Health Service Act or PHS Act types of financial interests: Salary, the individual. means the statute codified at 42 U.S.C. royalties, or other remuneration paid by 201 et seq. the Institution to the Investigator if the § 50.603 Definitions. Research means a systematic Investigator is currently employed or As used in this subpart: investigation designed to develop or otherwise appointed by the Institution; Disclosure of significant financial contribute to generalizable knowledge any ownership interest in the Institution interests means an Investigator’s relating broadly to public health, held by the Investigator, if the disclosure of significant financial including behavioral and social-sciences Institution is a commercial or for-profit interests to an Institution. research. The term encompasses basic organization; income from seminars, FCOI report means an Institution’s and applied research and product lectures, or teaching engagements report of a financial conflict of interest development. As used in this subpart, sponsored by a federal, state, or local to a PHS Awarding Component. the term includes any such activity for government agency, or an institution of Financial conflict of interest means a which research funding is available higher education as defined at 20 U.S.C. significant financial interest that could from a PHS Awarding Component 1001(a); or income from service on directly and significantly affect the through a grant, cooperative agreement, advisory committees or review panels design, conduct, or reporting of PHS- or contract, whether authorized under for a federal, state, or local government funded research. the PHS Act or other statutory authority, agency, or an institution of higher Financial interest means anything of such as a research grant, career education as defined at 20 U.S.C. monetary value or potential monetary development award, center grant, 1001(a). value. individual fellowship award, HHS means the United States infrastructure award, institutional § 50.604 Responsibilities of Institutions Department of Health and Human training grant, program project, or regarding Investigator financial conflicts of Services, and any components of the research resources award. interest. Department to which the authority Significant financial interest means, Each Institution shall: involved may be delegated. except as otherwise specified in (a) Maintain an up-to-date, written, Institution means any domestic or paragraph (1) of this definition: enforced policy on financial conflicts of foreign, public or private, entity or (1) A financial interest consisting of interest that complies with this subpart, organization (excluding a Federal one or more of the following interests of and make such policy available via a agency) that is applying for, or that the Investigator (and those of the publicly accessible Web site. If an receives, PHS research funding. Investigator’s spouse and dependent Institution maintains a policy on Institutional responsibilities means an children) that reasonably appears to be financial conflicts of interest that Investigator’s professional related to the Investigator’s institutional includes standards that are more responsibilities on behalf of the responsibilities: stringent than this subpart (e.g., that Institution including, but not limited to, (i) With regard to any publicly traded require a more extensive disclosure of activities such as research, research entity, a significant financial interest financial interests), the Institution shall consultation, teaching, professional exists if the value of any remuneration adhere to its policy and shall provide practice, institutional committee received from the entity in the twelve FCOI reports regarding identified memberships, and service on panels months preceding the disclosure and financial conflicts of interest to the PHS such as Institutional Review Boards or the value of any equity interest in the Awarding Component in accordance Data and Safety Monitoring Boards. entity as of the date of disclosure, when with the Institution’s own standards. Investigator means the PD/PI and any aggregated, exceeds $5,000. For (b) Inform each Investigator of the other person, regardless of title or purposes of this definition, Institution’s policy on financial position, who is responsible for the remuneration includes salary and any conflicts of interest, the Investigator’s design, conduct, or reporting of research payment for services not otherwise responsibilities regarding disclosure of funded by the PHS, or proposed for identified as salary (e.g., consulting fees, significant financial interests, and of

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these regulations, and require each research submit an updated disclosure specified in 45 CFR 74.53(b) for Investigator to complete training of significant financial interests at least different situations. regarding same prior to engaging in annually during the period of the award. (j) Establish adequate enforcement PHS-funded research and, thereafter, at Such disclosure shall include any mechanisms and provide for employee least once every two years. information that was not disclosed sanctions or other administrative (c) If the Institution carries out the initially to the Institution pursuant to actions to ensure Investigator PHS-funded research through a paragraph (e)(1) of this section, or in a compliance as appropriate. subrecipient (e.g., subgrantee, subsequent disclosure of significant (k) Certify, in each application for contractor, or collaborator): financial interests, and shall include funding to which this subpart applies, (1) Incorporate as part of a written updated information regarding any that the Institution: agreement with the subrecipient legally previously-disclosed significant (1) Has in effect at that Institution an enforceable terms that establish whether financial interest (e.g., the updated up-to-date, written, and enforced the financial conflicts of interest policy value of a previously-disclosed equity administrative process to identify and of the awardee Institution or that of the interest). manage financial conflicts of interest subrecipient applies to the (3) Require that each Investigator who with respect to all research projects for subrecipient’s Investigators. is participating in the PHS-funded which funding is sought or received (i) If the subrecipient’s financial research submit an updated disclosure from the PHS; conflicts of interest policy applies to of significant financial interests within (2) Shall promote and enforce subrecipient Investigators, the thirty days of acquiring a new Investigator compliance with this subrecipient shall certify as part of the significant financial interest (e.g., subpart’s requirements including those agreement that its policy complies with through purchase, marriage, or pertaining to disclosure of significant this subpart. If the subrecipient cannot inheritance). financial interests; provide such certification, the (f) Provide guidelines consistent with (3) Shall manage financial conflicts of agreement shall state that subrecipient this subpart for the designated interest and provide initial and ongoing Investigators are subject to the financial institutional officials to determine FCOI reports to the PHS consistent with conflicts of interest policy of the whether an Investigator’s significant this subpart; awardee Institution; financial interest is related to PHS- (4) Agrees to make information (ii) If the subrecipient’s financial funded research and, if so related, available, promptly upon request, to the conflicts of interest policy applies to whether the significant financial interest HHS relating to any Investigator subrecipient Investigators, the is a financial conflict of interest. An disclosure of financial interests and the agreement shall specify time period(s) Investigator’s significant financial Institution’s review of, or response to, for the subrecipient to report all interest is related to PHS-funded such disclosure, whether or not the identified financial conflicts of interest research when the Institution, through disclosure resulted in the Institution’s to the awardee Institution. Such time its designated officials, reasonably determination of a financial conflict of period(s) shall be sufficient to enable determines that the significant financial interest; and the awardee Institution to provide interest: Appears to be affected by the (5) Shall fully comply with the requirements of this subpart. timely FCOI reports, as necessary, to the PHS-funded research; or is in an entity PHS; whose financial interest appears to be § 50.605 Management and reporting of (iii) If subrecipient Investigators are affected by the research. A financial financial conflicts of interest. subject to the awardee Institution’s conflict of interest exists when the (a) Management of financial conflicts financial conflicts of interest policy, the Institution, through its designated of interest. agreement shall specify time period(s) officials, reasonably determines that the (1) Prior to the Institution’s for the subrecipient to submit all significant financial interest could expenditure of any funds under a PHS- Investigator disclosures of significant directly and significantly affect the funded research project, the designated financial interests to the awardee design, conduct, or reporting of the officials of an Institution shall, Institution. Such time period(s) shall be PHS-funded research. consistent with § 50.604(f): Review all sufficient to enable the awardee (g) Take such actions as necessary to Investigator disclosures of significant Institution to comply timely with its manage financial conflicts of interest, financial interests; determine whether review, management, and reporting including any financial conflicts of a any significant financial interests relate obligations under this subpart. subrecipient Investigator pursuant to to PHS-funded research; determine (2) Provide FCOI reports to the PHS paragraph (c) of this section. whether a financial conflict of interest regarding all financial conflicts of Management of an identified financial exists; and, if so, develop and interest of all subrecipient Investigators conflict of interest requires development implement a management plan that consistent with this subpart. and implementation of a management shall specify the actions that have been, (d) Designate an institutional plan and, if necessary, a mitigation plan and shall be, taken to manage such official(s), to solicit and review pursuant to § 50.605(a). financial conflict of interest. Examples disclosures of significant financial (h) Provide initial and ongoing FCOI of conditions or restrictions that might interests from each Investigator who is reports to the PHS as required pursuant be imposed to manage a financial planning to participate in the PHS- to § 50.605(b). conflict of interest include, but are not funded research. (i) Maintain records relating to all limited to: (e)(1) Require that each Investigator Investigator disclosures of financial (i) Public disclosure of financial who is planning to participate in the interests and the Institution’s review of, conflicts of interest (e.g., when PHS-funded research disclose to the or response to, such disclosures presenting or publishing the research); Institution’s designated official(s) the (whether or not a disclosure resulted in (ii) For research projects involving Investigator’s significant financial the Institution’s determination of a human subjects research, disclosure of interests (and those of the Investigator’s financial conflict of interest), for at least financial conflicts of interest directly to spouse and dependent children). three years from the date of submission participants; (2) Require that each Investigator who of the final expenditures report or, (iii) Appointment of an independent is participating in the PHS-funded where applicable, from other dates monitor capable of taking measures to

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protect the design, conduct, and of the significant financial interest, an funded research project, or upon the reporting of the research against bias, or Institution may determine that disclosure of a significant financial the appearance of bias, resulting from additional interim measures are interest by a new PD/PI or new senior/ the financial conflict of interest; necessary with regard to the key personnel for the PHS-funded (iv) Modification of the research plan; Investigator’s participation in the PHS- research project, if the Institution (v) Change of personnel or personnel funded research project between the determines that the significant financial responsibilities, or disqualification of date that the significant financial interest is related to the PHS-funded personnel from participation in all or a interest is identified and the completion research and is a financial conflict of portion of the research; of the Institution’s review. interest. (vi) Reduction or elimination of the (4) Whenever an Institution (iv) Information concerning the financial interest (e.g., sale of an equity implements a management plan significant financial interests of an interest); or pursuant to this subpart, the Institution individual subject to this paragraph (vii) Severance of relationships that shall monitor Investigator compliance (a)(5) shall remain available via the create actual or potential financial with the management plan on an Institution’s publicly accessible Web conflicts. ongoing basis until the completion of site for at least five years from the date (2) Whenever, in the course of an the PHS-funded research project. that the information was most recently ongoing PHS-funded research project, a (5)(i) Prior to the Institution’s updated. new Investigator participating in the expenditure of any funds under a PHS- (6) In addition to the types of research project discloses a significant funded research project, the Institution financial conflicts of interest as defined financial interest or an existing shall make available via a publicly in this subpart that must be managed Investigator discloses a new significant accessible Web site information pursuant to this section, an Institution financial interest to the Institution, the concerning any significant financial may require the management of other designated officials of the Institution interest disclosed to the Institution that financial conflicts of interest, as the shall, within sixty days: Review the meets the following three criteria: Institution deems appropriate. disclosure of significant financial (A) The significant financial interest (b) Reporting of financial conflicts of interests; determine whether it is related was disclosed and is still held by the interest. to PHS-funded research; determine PD/PI or any other Investigator who has (1) Prior to the Institution’s whether a financial conflict of interest been identified by the Institution as expenditure of any funds under a PHS- exists; and, if so, implement, on at least senior/key personnel for the PHS- funded research project, the Institution an interim basis, a management plan funded research project in the grant shall provide to the PHS Awarding that shall specify the actions that have application, contract proposal, contract, Component a FCOI report regarding any been, and will be, taken to manage such progress report, or other required report Investigator significant financial interest financial conflict of interest. Depending submitted to the PHS; found by the Institution to be conflicting on the nature of the significant financial (B) The Institution determines that the and ensure that the Institution has interest, an Institution may determine significant financial interest is related to implemented a management plan in that additional interim measures are the PHS-funded research; and accordance with this subpart. necessary with regard to the (C) The Institution determines that the (2) For any significant financial Investigator’s participation in the PHS- significant financial interest is a interest that the Institution identifies as funded research project between the financial conflict of interest. conflicting subsequent to the date of disclosure and the completion of (ii) The information that the Institution’s initial FCOI report during the Institution’s review. Institution makes available via a an ongoing PHS-funded research project (3) Whenever an Institution identifies publicly accessible Web site shall (e.g., upon the participation of a new a significant financial interest that was include, at a minimum, the following: Investigator in the research project), the not disclosed timely by an Investigator The Investigator’s name; the Institution shall provide to the PHS or, for whatever reason, was not Investigator’s position with respect to Awarding Component, within sixty previously reviewed by the Institution the research project; the nature of the days, a FCOI report regarding the during an ongoing PHS-funded research significant financial interest; and the financial conflict of interest and ensure project (e.g., was not timely reviewed or approximate dollar value of the that the Institution has implemented a reported by a subrecipient), the significant financial interest (dollar management plan in accordance with designated officials shall, within sixty ranges are permissible: Less than this subpart. Where such FCOI report days: Review the significant financial $20,000; less than $50,000; less than involves a significant financial interest interest; determine whether it is related $100,000; less than or equal to $250,000; that was not disclosed timely by an to PHS-funded research; determine greater than $250,000), or a statement Investigator or, for whatever reason, was whether a financial conflict of interest that the interest is one whose value not previously reviewed by the exists; and, if so: cannot be readily determined through Institution (e.g., was not timely (i) Implement, on at least an interim reference to public prices or other reviewed or reported by a subrecipient), basis, a management plan that shall reasonable measures of fair market the Institution shall also provide with specify the actions that have been, and value. its FCOI report the mitigation plan will be, taken to manage such financial (iii) The information that the implemented by the Institution to conflict of interest going forward; Institution makes available via a determine whether any PHS-funded (ii) Implement, on at least an interim publicly accessible Web site shall be research, or portion thereof, conducted basis, a mitigation plan which shall updated at least annually. In addition, prior to the identification and include review and determination as to the Institution shall update the Web site management of the financial conflict of whether any PHS-funded research, or within sixty days of the Institution’s interest was biased in the design, portion thereof, conducted prior to the receipt or identification of information conduct, or reporting of such research. identification and management of the concerning any additional significant (3) Any FCOI report required under financial conflict of interest was biased financial interest that was not paragraphs (b)(1) or (b)(2) of this section in the design, conduct, or reporting of previously disclosed by the PD/PI or shall include sufficient information to such research. Depending on the nature senior/key personnel for the PHS- enable the PHS Awarding Component to

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understand the nature and extent of the extensions with or without funds) in the shall require the Investigator involved to financial conflict, and to assess the time and manner specified by the PHS disclose the financial conflict of interest appropriateness of the Institution’s Awarding Component. in each public presentation of the management plan. Elements of the FCOI (5) In addition to the types of results of the research and to request an report shall include, but are not limited financial conflicts of interest as defined addendum to previously published to the following: in this subpart that must be reported presentations. (i) Project/Contract number; pursuant to this section, an Institution (ii) PD/PI or Contact PD/PI if a may require the reporting of other § 50.607 Other HHS regulations that apply. multiple PD/PI model is used; financial conflicts of interest, as the Several other regulations and policies (iii) Name of the Investigator with the Institution deems appropriate. apply to this subpart. They include, but financial conflict of interest; are not necessarily limited to: (iv) Nature of the financial interest § 50.606 Remedies. (e.g., equity, consulting fee, travel (a) If the failure of an Investigator to 2 CFR Part 376—Nonprocurement reimbursement, honorarium); comply with an Institution’s financial Debarment and Suspension (HHS) (v) Value of the financial interest conflicts of interest policy or a financial (dollar ranges are permissible: $0– conflict of interest management plan 42 CFR Part 50, Subpart D—Public Health Service Grant Appeals Procedure $4,999; $5,000–$9,999; $10,000– appears to have biased the design, $19,999; amounts between $20,000– conduct, or reporting of the PHS-funded 45 CFR Part 16—Procedures of the $100,000 by increments of $20,000; research, the Institution shall promptly Departmental Grant Appeals Board amounts above $100,000 by increments notify the PHS Awarding Component of 45 CFR Part 74—Uniform Administrative of $50,000), or a statement that the the corrective action taken or to be Requirements for Awards and Subawards to interest is one whose value cannot be taken. The PHS Awarding Component Institutions of Higher Education, Hospitals, readily determined through reference to will consider the situation and, as Other Nonprofit Organizations, and public prices or other reasonable necessary, take appropriate action, or Commercial Organizations measures of fair market value; refer the matter to the Institution for 45 CFR Part 79—Program Fraud Civil (vi) A description of how the financial further action, which may include Remedies interest relates to the PHS-funded directions to the Institution on how to maintain appropriate objectivity in the 45 CFR Part 92—Uniform Administrative research and the basis for the Requirements for Grants and Cooperative Institution’s determination that the funded project. (b) The HHS may inquire at any time Agreements to State, Local, and Tribal financial interest conflicts with such Governments research; (i.e., before, during, or after award) into any Investigator disclosure of financial (vii) A description of the key elements TITLE 45—PUBLIC WELFARE of the Institution’s management plan, interests and the Institution’s review of, including: or response to, such disclosure, whether 2. Revise Part 94 to read as follows: (A) The role and function of the or not the disclosure resulted in the conflicted Investigator in the research Institution’s determination of a financial PART 94—RESPONSIBLE project; conflict of interest. An Institution is PROSPECTIVE CONTRACTORS (B) The rationale for including the required to submit, or permit on site conflicted Investigator in the research review of, all records pertinent to Sec. project; compliance with this subpart. To the 94.1 Purpose. (C) The conditions of the management extent permitted by law, HHS will 94.2 Applicability. 94.3 Definitions. plan; maintain the confidentiality of all records of financial interests. On the 94.4 Responsibilities of Institutions (D) How the management plan will regarding Investigator financial conflicts safeguard objectivity in the research basis of its review of records or other of interest. project; information that may be available, the 94.5 Management and reporting of financial (E) Confirmation of the Investigator’s PHS Awarding Component may decide conflicts of interest. agreement to the management plan; that a particular financial conflict of 94.6 Remedies. (F) How the management plan will be interest will bias the objectivity of the monitored to ensure Investigator PHS-funded research to such an extent Authority: 42 U.S.C. 216, 289b–1, 299c– compliance; that further corrective action is needed 4. (G) Other information as needed. or that the Institution has not managed § 94.1 Purpose. (4) For any financial conflict of the financial conflict of interest in interest previously reported by the accordance with this subpart. The PHS This part promotes objectivity in Institution with regard to an ongoing Awarding Component may determine research by establishing standards that PHS-funded research project, the that imposition of special award provide a reasonable expectation that Institution shall provide an annual FCOI conditions under 45 CFR 74.14 or the design, conduct, and reporting of report that addresses the status of the suspension of funding or other research performed under PHS contracts financial conflict of interest and any enforcement action under 45 CFR 74.62 is free from bias resulting from changes to the management plan to the is necessary until the matter is resolved. Investigator financial conflicts of PHS Awarding Component for the (c) In any case in which the HHS interest. duration of the PHS-funded research determines that a PHS-funded project of § 94.2 Applicability. project. The annual FCOI report shall clinical research whose purpose is to specify whether the financial conflict is evaluate the safety or effectiveness of a This part is applicable to each still being managed or explain why the drug, medical device, or treatment has Institution that solicits, or that receives, financial conflict of interest no longer been designed, conducted, or reported PHS research funding by means of a exists. The Institution shall provide by an Investigator with a financial contract and, through the annual FCOI reports to the PHS conflict of interest that was not managed implementation of this part by the Awarding Component for the duration or reported by the Institution as Institution, to each Investigator of the project period (including required by this subpart, the Institution participating in such research.

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§ 94.3 Definitions. funds the research that is subject to this (2) The term significant financial As used in this part: subpart. interest does not include the following Contractor means an entity that Public Health Service Act or PHS Act types of financial interests: Salary, provides property or services under means the statute codified at 42 U.S.C. royalties, or other remuneration paid by contract for the direct benefit or use of 201 et seq. the Institution to the Investigator if the the Federal Government. Research means a systematic Investigator is currently employed or Disclosure of significant financial investigation designed to develop or otherwise appointed by the Institution; interests means an Investigator’s contribute to generalizable knowledge any ownership interest in the Institution disclosure of significant financial relating broadly to public health, held by the Investigator, if the interests to an Institution. including behavioral and social-sciences Institution is a commercial or for-profit FCOI report means an Institution’s research. The term encompasses basic organization; income from seminars, report of a financial conflict of interest and applied research and product lectures, or teaching engagements to a PHS Awarding Component. development. As used in this part, the sponsored by a federal, state, or local Financial conflict of interest means a term includes any such activity for government agency, or an institution of significant financial interest that could which research funding is available higher education as defined at 20 U.S.C. directly and significantly affect the from a PHS Awarding Component 1001(a); or income from service on through a grant, cooperative agreement, design, conduct, or reporting of PHS- advisory committees or review panels or contract, whether authorized under funded research. for a federal, state, or local government the PHS Act or other statutory authority, Financial interest means anything of agency, or an institution of higher such as a research grant, career monetary value or potential monetary education as defined at 20 U.S.C. development award, center grant, value. 1001(a). individual fellowship award, HHS means the United States infrastructure award, institutional § 94.4 Responsibilities of Institutions Department of Health and Human training grant, program project, or regarding Investigator financial conflicts of Services, and any components of the research resources award. interest. Department to which the authority Significant financial interest means, Each Institution shall: involved may be delegated. except as otherwise specified in this (a) Maintain an up-to-date, written, Institution means any domestic or definition: enforced policy on financial conflicts of foreign, public or private, entity or (1) A financial interest consisting of interest that complies with this part, organization (excluding a Federal one or more of the following interests of and make such policy available via a agency) that solicits, or that receives, the Investigator (and those of the publicly accessible Web site. If an PHS research funding. Investigator’s spouse and dependent Institution maintains a policy on Institutional responsibilities means an children) that reasonably appears to be financial conflicts of interest that Investigator’s professional related to the Investigator’s institutional includes standards that are more responsibilities on behalf of the responsibilities: stringent than this part (e.g., that require Institution including, but not limited to, (i) With regard to any publicly traded a more extensive disclosure of financial activities such as research, research entity, a significant financial interest interests), the Institution shall adhere to consultation, teaching, professional exists if the value of any remuneration its policy and shall provide FCOI practice, institutional committee received from the entity in the twelve reports regarding identified financial memberships, and service on panels months preceding the disclosure and conflicts of interest to the PHS such as Institutional Review Boards or the value of any equity interest in the Awarding Component in accordance Data and Safety Monitoring Boards. entity as of the date of disclosure, when with the Institution’s own standards. Investigator means the PD/PI and any aggregated, exceeds $5,000. For (b) Inform each Investigator of the other person, regardless of title or purposes of this definition, Institution’s policy on financial position, who is responsible for the remuneration includes salary and any conflicts of interest, the Investigator’s design, conduct, or reporting of research payment for services not otherwise responsibilities regarding disclosure of funded by the PHS, or proposed for identified as salary (e.g., consulting fees, significant financial interests, and of such funding, including persons who honoraria, paid authorship, travel these regulations, and require each are subcontractors, collaborators, or reimbursement); equity interest includes Investigator to complete training consultants. any stock, stock option, or other regarding same prior to engaging in Manage means to take action to ownership interest, as determined PHS-funded research and, thereafter, at address a financial conflict of interest, through reference to public prices or least once every two years. which includes reducing or eliminating other reasonable measures of fair market (c) If the Institution carries out the the financial conflict of interest, to value; PHS-funded research through a ensure that the design, conduct, or (ii) With regard to any non-publicly subrecipient (e.g., subcontractor or reporting of research is free from bias or traded entity, a significant financial collaborator): the appearance of bias. interest exists if the value of any (1) Incorporate as part of a written PD/PI means a project director or remuneration received from the entity agreement with the subrecipient legally principal investigator of a PHS-funded in the twelve months preceding the enforceable terms that establish whether research project. disclosure, when aggregated, exceeds the financial conflicts of interest policy PHS means the Public Health Service, $5,000, or the Investigator (or the of the awardee Institution or that of the an operating division of the U.S. Investigator’s spouse or dependent subrecipient applies to the Department of Health and Human children) holds any equity interest (e.g., subrecipient’s Investigators. Services, and any components of the stock, stock option, or other ownership (i) If the subrecipient’s financial PHS to which the authority involved interest); or conflicts of interest policy applies to may be delegated, including the (iii) Intellectual property rights (e.g., subrecipient Investigators, the National Institutes of Health. patents, copyrights), royalties from such subrecipient shall certify as part of the PHS Awarding Component means the rights, and agreements to share in agreement that its policy complies with organizational unit of the PHS that royalties related to such rights. this part. If the subrecipient cannot

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provide such certification, the (f) Provide guidelines consistent with (3) Shall manage financial conflicts of agreement shall state that subrecipient this part for the designated institutional interest and provide initial and ongoing Investigators are subject to the financial officials to determine whether an FCOI reports to the PHS consistent with conflicts of interest policy of the Investigator’s significant financial this part; awardee Institution; interest is related to PHS-funded (4) Agrees to make information (ii) If the subrecipient’s financial research and, if so related, whether the available, promptly upon request, to the conflicts of interest policy applies to significant financial interest is a HHS relating to any Investigator subrecipient Investigators, the financial conflict of interest. An disclosure of financial interests and the agreement shall specify time period(s) Investigator’s significant financial Institution’s review of, or response to, for the subrecipient to report all interest is related to PHS-funded such disclosure, whether or not the identified financial conflicts of interest research when the Institution, through disclosure resulted in the Institution’s to the awardee Institution. Such time its designated officials, reasonably determination of a financial conflict of period(s) shall be sufficient to enable determines that the significant financial interest; and the awardee Institution to provide interest: Appears to be affected by the (5) Shall fully comply with the timely FCOI reports, as necessary, to the PHS-funded research; or is in an entity requirements of this part. PHS; whose financial interest appears to be (iii) If subrecipient Investigators are § 94.5 Management and reporting of affected by the research. A financial financial conflicts of interest. subject to the awardee Institution’s conflict of interest exists when the financial conflicts of interest policy, the Institution, through its designated (a) Management of financial conflicts agreement shall specify time period(s) officials, reasonably determines that the of interest. (1) Prior to the Institution’s for the subrecipient to submit all significant financial interest could expenditure of any funds under a PHS- Investigator disclosures of significant directly and significantly affect the funded research project, the designated financial interests to the awardee design, conduct, or reporting of the officials of an Institution shall, Institution. Such time period(s) shall be PHS-funded research. consistent with § 94.4(f): Review all sufficient to enable the awardee (g) Take such actions as necessary to Investigator disclosures of significant Institution to comply timely with its manage financial conflicts of interest, financial interests; determine whether review, management, and reporting including any financial conflicts of a any significant financial interests relate obligations under this part. subrecipient Investigator pursuant to (2) Provide FCOI reports to the PHS to PHS-funded research; determine paragraph (c) of this section. regarding all financial conflicts of whether a financial conflict of interest Management of an identified financial interest of all subrecipient Investigators exists; and, if so, develop and conflict of interest requires development consistent with this part. implement a management plan that and implementation of a management (d) Designate an institutional shall specify the actions that have been, plan and, if necessary, a mitigation plan official(s) to solicit and review and shall be, taken to manage such pursuant to § 94.5(a). disclosures of significant financial financial conflict of interest. Examples (h) Provide initial and ongoing FCOI interests from each Investigator who is of conditions or restrictions that might reports to the PHS as required pursuant planning to participate in the PHS- be imposed to manage a financial to § 94.5(b). funded research. conflict of interest include, but are not (e)(1) Require that each Investigator (i) Maintain records relating to all limited to: who is planning to participate in the Investigator disclosures of financial (i) Public disclosure of financial PHS-funded research disclose to the interests and the Institution’s review of, conflicts of interest (e.g., when Institution’s designated official(s) the or response to, such disclosures presenting or publishing the research); Investigator’s significant financial (whether or not a disclosure resulted in (ii) For research projects involving interests (and those of the Investigator’s the Institution’s determination of a human subjects research, disclosure of spouse and dependent children). financial conflict of interest), for at least financial conflicts of interest directly to (2) Require that each Investigator who three years from the date of final participants; is participating in the PHS-funded payment or, where applicable, for the (iii) Appointment of an independent research submit an updated disclosure time periods specified in 48 CFR part 4, monitor capable of taking measures to of significant financial interests at least subpart 4.7. protect the design, conduct, and annually during the period of the award. (j) Establish adequate enforcement reporting of the research against bias, or Such disclosure shall include any mechanisms and provide for employee the appearance of bias, resulting from information that was not disclosed sanctions or other administrative the financial conflict of interest; initially to the Institution pursuant to actions to ensure Investigator (iv) Modification of the research plan; paragraph (e)(1) of this section, or in a compliance as appropriate. (v) Change of personnel or personnel subsequent disclosure of significant (k) Certify, in each contract proposal responsibilities, or disqualification of financial interests, and shall include to which this part applies, that the personnel from participation in all or a updated information regarding any Institution: portion of the research; previously-disclosed significant (1) Has in effect at that Institution an (vi) Reduction or elimination of the financial interest (e.g., the updated up-to-date, written, and enforced financial interest (e.g., sale of an equity value of a previously-disclosed equity administrative process to identify and interest); or interest). manage financial conflicts of interest (vii) Severance of relationships that (3) Require that each Investigator who with respect to all research projects for create actual or potential financial is participating in the PHS-funded which funding is sought or received conflicts. research submit an updated disclosure from the PHS; (2) Whenever, in the course of an of significant financial interests within (2) Shall promote and enforce ongoing PHS-funded research project, a thirty days of acquiring a new Investigator compliance with this part’s new Investigator participating in the significant financial interest (e.g., requirements including those pertaining research project discloses a significant through purchase, marriage, or to disclosure of significant financial financial interest or an existing inheritance). interests; Investigator discloses a new significant

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financial interest to the Institution, the concerning any significant financial may require the management of other designated officials of the Institution interest disclosed to the Institution that financial conflicts of interest, as the shall, within sixty days: Review the meets the following three criteria: Institution deems appropriate. disclosure of significant financial (A) The significant financial interest (b) Reporting of financial conflicts of interests; determine whether it is related was disclosed and is still held by the interest. to PHS-funded research; determine PD/PI or any other Investigator who has (1) Prior to the Institution’s whether a financial conflict of interest been identified by the Institution as expenditure of any funds under a PHS- exists; and, if so, implement, on at least senior/key personnel for the PHS- funded research project, the Institution an interim basis, a management plan funded research project in the grant shall provide to the PHS Awarding that shall specify the actions that have application, contract proposal, contract, Component a FCOI report regarding any been, and will be, taken to manage such progress report, or other required report Investigator significant financial interest financial conflict of interest. Depending submitted to the PHS; found by the Institution to be conflicting on the nature of the significant financial (B) The Institution determines that the and ensure that the Institution has interest, an Institution may determine significant financial interest is related to implemented a management plan in that additional interim measures are the PHS-funded research; and accordance with this part. necessary with regard to the (C) The Institution determines that the (2) For any significant financial Investigator’s participation in the PHS- significant financial interest is a interest that the Institution identifies as funded research project between the financial conflict of interest. conflicting subsequent to the date of disclosure and the completion of (ii) The information that the Institution’s initial FCOI report during the Institution’s review. Institution makes available via a an ongoing PHS-funded research project (3) Whenever an Institution identifies publicly accessible Web site shall (e.g., upon the participation of a new a significant financial interest that was include, at a minimum, the following: Investigator in the research project), the not disclosed timely by an Investigator The Investigator’s name; the Institution shall provide to the PHS or, for whatever reason, was not Investigator’s position with respect to Awarding Component, within sixty previously reviewed by the Institution the research project; the nature of the days, a FCOI report regarding the during an ongoing PHS-funded research significant financial interest; and the financial conflict of interest and ensure project (e.g., was not timely reviewed or approximate dollar value of the that the Institution has implemented a reported by a subrecipient), the significant financial interest (dollar management plan in accordance with designated officials shall, within sixty ranges are permissible: Less than this part. Where such FCOI report days: Review the significant financial $20,000; less than $50,000; less than involves a significant financial interest interest; determine whether it is related $100,000; less than or equal to $250,000; that was not disclosed timely by an to PHS-funded research; determine greater than $250,000), or a statement Investigator or, for whatever reason, was whether a financial conflict of interest that the interest is one whose value not previously reviewed by the exists; and, if so: cannot be readily determined through Institution (e.g., was not timely (i) Implement, on at least an interim reference to public prices or other reviewed or reported by a subrecipient), basis, a management plan that shall reasonable measures of fair market the Institution shall also provide with specify the actions that have been, and value. its FCOI report the mitigation plan will be, taken to manage such financial (iii) The information that the implemented by the Institution to conflict of interest going forward; Institution makes available via a determine whether any PHS-funded (ii) Implement, on at least an interim publicly accessible Web site shall be research, or portion thereof, conducted basis, a mitigation plan which shall updated at least annually. In addition, prior to the identification and include review and determination as to the Institution shall update the Web site management of the financial conflict of whether any PHS-funded research, or within sixty days of the Institution’s interest was biased in the design, portion thereof, conducted prior to the receipt or identification of information conduct, or reporting of such research. identification and management of the concerning any additional significant (3) Any FCOI report required under financial conflict of interest was biased financial interest that was not paragraphs (b)(1) or (b)(2) of this section in the design, conduct, or reporting of previously disclosed by the PD/PI or shall include sufficient information to such research. Depending on the nature senior/key personnel for the PHS- enable the PHS Awarding Component to of the significant financial interest, an funded research project, or upon the understand the nature and extent of the Institution may determine that disclosure of a significant financial financial conflict, and to assess the additional interim measures are interest by a new PD/PI or new senior/ appropriateness of the Institution’s necessary with regard to the key personnel for the PHS-funded management plan. Elements of the FCOI Investigator’s participation in the PHS- research project, if the Institution report shall include, but are not limited funded research project between the determines that the significant financial to the following: date that the significant financial interest is related to the PHS-funded (i) Project/Contract number; interest is identified and the completion research and is a financial conflict of (ii) PD/PI or Contact PD/PI if a of the Institution’s review. interest. multiple PD/PI model is used; (4) Whenever an Institution (iv) Information concerning the (iii) Name of the Investigator with the implements a management plan significant financial interests of an financial conflict of interest; pursuant to this part, the Institution individual subject to this paragraph (iv) Nature of the financial interest shall monitor Investigator compliance (a)(5) of this section shall remain (e.g., equity, consulting fee, travel with the management plan on an available via the Institution’s publicly reimbursement, honorarium); ongoing basis until the completion of accessible Web site for at least five years (v) Value of the financial interest the PHS-funded research project. from the date that the information was (dollar ranges are permissible: $0– (5)(i) Prior to the Institution’s most recently updated. $4,999; $5,000–$9,999; $10,000– expenditure of any funds under a PHS- (6) In addition to the types of $19,999; amounts between $20,000– funded research project, the Institution financial conflicts of interest as defined $100,000 by increments of $20,000; shall make available via a publicly in this part that must be managed amounts above $100,000 by increments accessible Web site information pursuant to this section, an Institution of $50,000), or a statement that the

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interest is one whose value cannot be exists. The Institution shall provide permitted by law, HHS will maintain readily determined through reference to annual FCOI reports to the PHS the confidentiality of all records of public prices or other reasonable Awarding Component for the duration financial interests. On the basis of its measures of fair market value; of the project period (including review of records or other information (vi) A description of how the financial extensions with or without funds) in the that may be available, the PHS interest relates to the PHS-funded time and manner specified by the PHS Awarding Component may decide that a research and the basis for the Awarding Component. particular financial conflict of interest Institution’s determination that the (5) In addition to the types of will bias the objectivity of the PHS- financial interest conflicts with such financial conflicts of interest as defined funded research to such an extent that research; in this part that must be reported further corrective action is needed or (vii) A description of the key elements pursuant to this section, an Institution that the Institution has not managed the of the Institution’s management plan, may require the reporting of other financial conflict of interest in including: financial conflicts of interest, as the accordance with this part. The PHS (A) The role and function of the Institution deems appropriate. Awarding Component may determine conflicted Investigator in the research that issuance of a Stop Work Order by § 94.6 Remedies. project; the Contracting Officer or other (B) The rationale for including the (a) If the failure of an Investigator to enforcement action is necessary until conflicted Investigator in the research comply with an Institution’s financial the matter is resolved. project; conflicts of interest policy or a financial (c) In any case in which the HHS (C) The conditions of the management conflict of interest management plan determines that a PHS-funded project of plan; appears to have biased the design, (D) How the management plan will conduct, or reporting of the PHS-funded clinical research whose purpose is to safeguard objectivity in the research research, the Institution shall promptly evaluate the safety or effectiveness of a project; notify the PHS Awarding Component of drug, medical device, or treatment has (E) Confirmation of the Investigator’s the corrective action taken or to be been designed, conducted, or reported agreement to the management plan; taken. The PHS Awarding Component by an Investigator with a financial (F) How the management plan will be will consider the situation and, as conflict of interest that was not managed monitored to ensure Investigator necessary, take appropriate action, or or reported by the Institution as compliance; refer the matter to the Institution for required by this part, the Institution (G) Other information as needed. further action, which may include shall require the Investigator involved to (4) For any financial conflict of directions to the Institution on how to disclose the financial conflict of interest interest previously reported by the maintain appropriate objectivity in the in each public presentation of the Institution with regard to an ongoing funded project. results of the research and to request an PHS-funded research project, the (b) The HHS may inquire at any time addendum to previously published Institution shall provide an annual FCOI (i.e., before, during, or after award) into presentations. report that addresses the status of the any Investigator disclosure of financial Dated: March 26, 2010. financial conflict of interest and any interests and the Institution’s review of, Francis S. Collins, changes to the management plan to the or response to, such disclosure, whether Director, National Institutes of Health. PHS Awarding Component for the or not the disclosure resulted in the Approved: April 14, 2010. duration of the PHS-funded research Institution’s determination of a financial project. The annual FCOI report shall conflict of interest. An Institution is Kathleen Sebelius, specify whether the financial conflict is required to submit, or permit on site Secretary. still being managed or explain why the review of, all records pertinent to [FR Doc. 2010–11885 Filed 5–20–10; 8:45 am] financial conflict of interest no longer compliance with this part. To the extent BILLING CODE 4140–01–P

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Part III

Department of Education 34 CFR Subtitle B, Chapter II Teacher Incentive Fund; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2010; Rule and Notice

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DEPARTMENT OF EDUCATION U.S. Department of Education, 400 schools, are provided instruction by Maryland Avenue, SW., Room 3E120, unqualified or ineffective teachers. 34 CFR Subtitle B, Chapter II Washington, DC 20202. Accordingly, the ARRA requires the [Docket ID ED–2010–OESE–0001] SUPPLEMENTARY INFORMATION: Department to promote efforts that Purpose of Program: The purpose of ensure an equitable distribution of RIN 1810–AB08 the TIF program is to support projects effective teachers between high- and low-poverty schools so that Teacher Incentive Fund that develop and implement PBCSs for teachers, principals, and other economically disadvantaged students Catalog of Federal Domestic Assistance personnel in order to increase educator have the same access to effective (CFDA) Numbers: 84.385 and 84.374. effectiveness and student achievement teachers as other students. AGENCY: Office of Elementary and (as defined in this notice), measured in TIF is one such effort that advances Secondary Education, Department of significant part by student growth (as the ARRA’s third assurance of Education. defined in this notice), in high-need recruiting, developing, and retaining ACTION: Notice of final priorities, schools (as defined in this notice). effective teachers. To meet this requirements, definitions, and selection Program Authority: The Departments assurance, Congress appropriated an criteria. of Labor, Health and Human Services, additional $200 million dollars of and Education, and Related Agencies funding for the TIF program. The Department plans, to the extent SUMMARY: The Secretary of Education Appropriations Act, 2008, Division G, feasible and appropriate, to align TIF (Secretary) establishes priorities, Title III, Public Law 110–161; with the requirements of other ARRA requirements, definitions, and selection Departments of Labor, Health and programs, including the State Fiscal criteria under the Teacher Incentive Human Services, and Education, and Fund (TIF) program. These priorities, Stabilization Fund, Race to the Top, and Related Agencies Appropriations Act, Title I School Improvement Grants. The requirements, definitions, and selection 2010, Division D, Title III, Public Law criteria will be used in two separate and Department’s intention in doing so is to 111–117; and the American Recovery maximize the efficient use of resources distinct TIF grant competitions: The and Reinvestment Act of 2009, Division Main TIF competition, which will and encourage applicants to develop A, Title VIII, Public Law 111–5. plans for evaluating educator provide TIF funding to eligible entities Background: Signed into law by to support their implementation of a effectiveness and for providing President Obama on February 17, 2009, educators the useful feedback and performance-based compensation the American Recovery and system (PBCS) in accordance with the professional development needed to Reinvestment Act of 2009 (ARRA) improve classroom practice and student priorities, the Main TIF competition constitutes an unprecedented effort to requirements, the definitions, and the achievement that complement, and are revive the Nation’s economy, create and consistent with, plans developed across selection criteria established in this save millions of jobs, and address long- document; and the TIF Evaluation other ARRA programs. neglected challenges so the Nation can Along with appropriating TIF funds to competition, which will provide, in thrive in the 21st century. accordance with the priorities, the Main be used to support projects that In addition to measures that implement PBCSs, the ARRA also TIF competition requirements, the modernize the Nation’s infrastructure, requires the Department to use some of definitions, and the selection criteria, as enhance energy independence, preserve the appropriated funds to conduct a well as the Evaluation requirements and improve affordable health care, ‘‘rigorous national evaluation * * * established in this document, TIF provide tax relief, and protect those in utilizing randomized controlled funding to help pay the costs of greatest need, the ARRA provides an methodology to the extent feasible, that implementing the eligible entity’s PBCS unprecedented sum—approximately assesses the impact of performance- in exchange for an agreement to $100 billion dollars—to fundamentally based teacher and principal participate in the national evaluation. transform our public education system. compensation systems supported by the The Secretary may use these TIF Section 14005(d) of the ARRA funds provided in this Act on teacher priorities, requirements, definitions, and requires that this funding be used to and principal recruitment and retention selection criteria in fiscal year (FY) 2010 promote effective school reform in four in high-need schools and subjects.’’ The and subsequent years. We intend the assurance areas: (1) Adopting ARRA thus requires the Department to priorities, requirements, definitions, and internationally benchmarked standards award funds in a way that will ensure selection criteria announced in this and assessments that prepare students adequate participation of both a document to help improve student for success in college and the treatment group and control group in achievement (as defined in this workplace; (2) Building data systems the national evaluation. The TIF document) in high-need schools (as that measure student success and Evaluation competition is designed to defined in this document) and provide inform teachers and principals in how permit the Department to meet this incentives for effective teachers, they can improve their practices; (3) responsibility and, at the same time, to principals, and other personnel (in Increasing teacher effectiveness and seek answers to research questions those sites in which the grantee wishes achieving equity in teacher distribution; about the effect of PBCSs on student to expand the PBCS to additional staff and (4) Turning around our lowest- achievement in high-need schools that in its schools) in these schools to take achieving schools. are of great importance to those who on additional responsibilities and The ARRA’s second and third would implement such systems. leadership roles. assurances are based on evidence that The Department published a notice of DATES: These priorities, requirements, teachers are the single most critical in- proposed priorities, requirements, definitions, and selection criteria are school factor in improving student definitions, and selection criteria (NPP) effective July 6, 2010. achievement. In addition, the ARRA for this program in the Federal Register FOR FURTHER INFORMATION CONTACT: recognizes the contribution a principal on February 26, 2010 (75 FR 8854). That April Lee, Telephone: (202) 205–5224; makes toward running an effective notice contained background or by e-mail: [email protected]; or by mail: school. However, too many students, information and our reasons for (Attention: Teacher Incentive Fund), particularly those attending high-need proposing the particular priorities,

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requirements, definitions, and selection grantees would be restricted from this notice) must comply with any criteria. applying for TIF funds. Under this new applicable requirements under both the Public Comment: We received competitive preference priority, the Family Educational Rights and Privacy comments on the NPP from 40 following applicants can receive Act (FERPA) and State and local privacy commenters, including State additional points: Nonprofit laws. This change was made in response educational agencies (SEAs), local organizations that are current TIF to two commenters who urged the educational agencies (LEAs), nonprofit grantees that propose to work with a Department to ensure that the data organizations, teachers’ unions, new eligible scope of SEAs and LEAs, management systems required by universities, professional associations, and those applicants that do not already paragraph (d) of the Core Elements parents, and other public citizens. We have a TIF grant in place. This protect privacy of students and used these comments to revise, improve, competitive preference priority is titled educators. and clarify the priorities, requirements, Competitive Preference Priority 6—New • Under the TIF Evaluation definitions, and selection criteria. Applicants to the Teacher Incentive Competition Requirements, a new Fund. Please see the Final Priorities design that incorporates a 1 percent Major Changes in the Final Priorities, section of this notice for the full across-the-board bonus has been Requirements, Definitions, and language of this new competitive selected for the control schools. The Selection Criteria preference priority. requirement to provide a match that In addition to minor technical and would have been required if editorial changes, there are several Requirements Comparison Design 2 was selected has substantive differences between the We are making the following changes been eliminated. priorities, requirements, definitions, and to the requirements for this program: • We have added a Local Evaluation selection criteria proposed in the NPP • The NPP stated that ‘‘[a]lthough [the requirement. The new requirement and the final priorities, requirements, applicable statutes] provide that Federal clarifies (1) that, in order to be eligible definitions, and selection criteria that TIF funds may support PBCSs only for to receive points under the Quality of we establish in this notice. Those teachers and principals, grantees may Local Evaluation selection criterion, substantive changes are summarized in extend their PBCSs to additional school applicants must include a description of this section and discussed in greater personnel by using non-TIF funds to their local evaluation in their detail in the Analysis of Comments and pay for additional compensation for application although it will not be Changes that follows. We do not discuss non-instructional personnel.’’ 75 FR considered when ranking applicants minor technical or editorial changes, 8856. Under the Department’s FY 2010 under the TIF Evaluation competition, nor do we address comments that Appropriations Act, Congress and (2) that applicants selected under suggested changes that we are not authorized FY 2010 TIF funds to be the TIF Evaluation competition will not authorized to make under the law. used for PBCSs for teachers, principals, be required to conduct the local and other school personnel. Therefore, evaluation they propose in response to Priorities while requiring TIF-supported PBCSs to the selection criterion. This was in We are making the following changes extend to both teachers and principals, response to three commenters who to the priorities for this program: we have revised the requirements to expressed concern that some applicants • In clause (b) of absolute priority 1 permit applicants to propose the use of might mistakenly believe that applying (Differentiated Levels of Compensation TIF funds to support PBCSs that also for the TIF Evaluation competition for Effective Teachers and Principals), benefit such other school personnel as obviates the need to address the Quality we have clarified the need for the applicants may identify. (This of Local Evaluation criterion. observation-based assessments of both change does not otherwise affect the • We have clarified that the teachers and principals as part of the program’s priorities, requirements, or Department will waive the Advance evaluation system used to support a selection criteria as proposed in the Notice requirement under the TIF TIF-funded PBCS. This change is in NPP.) Evaluation competition for any response to a recommendation from a • For both the Main TIF competition applicant that is eligible to implement commenter to amend proposed priority and the TIF Evaluation competition, the its PBCS in school year 2010–11 (i.e., for 1 to be consistent with core element (c), proposed Additional Eligibility applicants that meet the five core which requires classroom observations Requirement that would have precluded requirements) so long as the program is of teachers and principals at least twice applications that proposed to implemented according to the during the school year. implement their PBCSs in schools evaluator’s assigned group status. (Note: • In competitive preference priority 4 currently served by a TIF grant award The evaluator will be ready to assign (Use of Value-Added Measures of has been revised to permit applicants group status immediately upon grant Student Achievement), we have who are already TIF grantees to propose award.) We made this change in changed the language to read: ‘‘Clearly expansion of their existing PBCSs to response to a commenter who expressed explain the chosen value-added model cover new categories of staff in schools concern that, depending on when FY to teachers to enable them to use the currently served by TIF funding. Thus, 2010 TIF grants are awarded, applicants data generated through the model to for example, current TIF grantees whose might not be able to provide the two improve classroom practices.’’ This projects focus only on principals could months notice to teachers and change was made in response to a seek TIF funding to expand their PBCSs principals involved in the evaluation, as commenter’s request to provide to teachers and other personnel (in required under the proposed Advance clarification as to whether applicants those sites in which the grantee wishes Notice requirement. could meet this priority by using value- to expand the PBCS to additional staff • Under the Evaluation Competition added models only, or whether they in its schools) as well. requirements, the eligibility requirement also must provide feedback to teachers • In paragraph (d) of the Core was broadened to include consortia and aimed at improving instruction. Elements, we have added a footnote to intermediary units that have centralized • We have added a new competitive remind applicants that data systems that coordination of data and that could preference priority 6 to address the link teacher and principal incentives meet the minimum requirement of 8 issue regarding whether current TIF based on student growth (as defined in schools in grades 3 through 8.

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Definitions recruitment, development, and retention summarize all available research on the We have made no changes to the of effective teachers and for specific use of value-added models to measure proposed definitions. components of the NPP, such as teacher performance. Rather the citation encouraging the use of value-added was included in the NPP to emphasize Selection Criteria models as part of teacher evaluation research supporting the central premises We have made the following change systems and allowing planning periods of the TIF program: That since we know to the selection criteria for this program: for grantees. good teachers matter, it makes sense for • We have added new sub-criterion to Discussion: The Department compensation to take into account the Project Design selection criterion appreciates the support of these effectiveness, as measured by growth (as that concerns the extent to which an commenters for the priorities, defined in this notice) in student applicant provides a clear definition of requirements, definitions, and selection achievement (as defined in this notice), how teachers, principals and other criteria proposed in the NPP. and to offer financial incentives to personnel (in those sites in which the Changes: None. encourage the most effective teachers to Comment: Several commenters grantee wishes to expand the PBCS to work in high-need schools. In addition, expressed concern that the NPP relied additional staff in its schools) are Congress has authorized and excessively on indicators of student determined to be ‘‘effective’’ for the appropriated funding for the TIF achievement and student growth as program specifically to support the purposes of the proposed PBCS. We meaningful predictive measures of have added this sub-criterion because development and use of PBCSs that teacher and principal effectiveness. consider growth (as defined in this our proposed criterion would have had These commenters cited research that applicants address how effectiveness notice) in student achievement (as cautions against the use of student test defined in this notice), among other would be determined but had neglected scores to predict future teacher to have reviewers examine the actual factors. Thus, requiring growth (as performance and that discourages the defined in this notice) in student definition of teacher and principal use of assessment results for purposes effectiveness applicants would use. achievement (as defined in this notice) for which they have not been validated. to be a significant factor in any PBCS Analysis of Comments and Changes One commenter also objected to the supported with TIF funds is wholly Department’s statement in the NPP that An analysis of the comments received consistent with the statutory authority studies using value-added assessments on, and any changes to, the priorities, for the TIF program. indicate that individual teachers make a requirements, definitions, and selection Moreover, this final notice, like the significant difference in student criteria since publication of the NPP for NPP, heeds the conclusion of much of achievement, claiming that this this program follows. the research cited by commenters that statement was ‘‘an inaccurate student achievement, no matter how it Note about general comments: We received summation of the research’’ on the use is measured, should not be the sole many comments expressing general support of value-added models to estimate basis for making consequential or making general recommendations for this individual teacher impact on student decisions about teachers. In particular, program. In most cases, these comments were performance. Other commenters effectively duplicated by other comments this final notice retains the proposed expressing support or making specific asserted that assessment data do not requirement for at least two observation- recommendations for the program’s proposed reflect other essential aspects of teacher based assessments of teacher priorities, requirements, definitions, or performance, such as planning and performance in TIF projects, while selection criteria, which we discuss in the preparation, the classroom environment, permitting an applicant to include other sections that follow. We accordingly do not instructional methods, and other measures of its own choosing. This discuss those general comments here. In professional duties. In addition, two flexibility allows applicants to take into other cases, we interpreted a general commenters claimed that the NPP account other measures of teacher comment as applying to a specific priority, ignored research and survey data effectiveness and performance when requirement, definition, or selection showing that ‘‘nearly all teachers’’ would developing teacher evaluation systems criterion. We address the comment in the prefer supportive leadership and discussion that relates to the relevant for use as part of their PBCSs. In priority, requirement, definition, or selection collaborative working environments to addition, the final notice retains the criterion. monetary rewards. These commenters emphasis on the need for each applicant noted that requiring payments to demonstrate that its PBCS is part of Note about comments on program issues ‘‘substantial enough’’ to change teacher a coherent and integrated approach to not covered in the NPP: We received a behavior may be ineffective if strengthening the educator workforce, number of comments relating to program leadership, climate, and other supports which may include efforts to improve issues that were not proposed for public are lacking. school climate, create collaborative comment in the NPP for this program. These Discussion: As noted in the NPP, the environments, and other support for issues include: specific funding ranges or Department believes that student teachers, as recommended by the award amounts for the grant categories, the achievement (as defined in this notice) number of grant awards, uses of funds, length commenters. of grant periods, and technical assistance for and student growth (as defined in this Changes: None. applicants. We do not address comments on notice) data are meaningful measures of Comment: Two commenters stated these issues here. We note, however, that teacher and principal effectiveness, and, that the standard of reliability and information on these issues will be made therefore, should be a significant factor validity for any teacher evaluation available through other Department in the PBCSs funded by the TIF program system must be higher when the results documents, including the notice inviting as part of rigorous, transparent, and fair are used for high-stakes compensation, applications for this program. evaluation systems that include tenure, and termination decisions than multiple measures. The Department’s when the results are used simply to General Comments citation of research showing that value- identify and meet professional Comment: Several commenters added assessments can be used to development needs. Another expressed strong support for the TIF demonstrate that individual teachers commenter recommended that the program, as outlined in the NPP, both make a significant difference in student Department require multiple measures for the overall effort to improve achievement was not intended to of teacher performance.

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Discussion: The Department agrees believes that one of the best ways to Comment: Two commenters asked for that the teacher and principal demonstrate respect and increase clarification as to whether the PBCSs evaluation systems used by TIF grantees support for teachers and principals is to required by the NPP must include both as part of their PBCSs must be rigorous, increase the compensation of those who teachers and principals. transparent, and fair, in part through the demonstrate effectiveness, in particular, Discussion: The Department interprets use of multiple measures of by raising student achievement (as the program’s authorizing legislation as performance. The Department believes defined in this notice). requiring each PBCS supported with TIF that this goal was fully reflected in the Changes: None. funds to cover both teachers and NPP and has been retained in this final Comment: One commenter cautioned principals in high-need schools. notice. For example, priority 1 requires that while teacher evaluation is an However, this does not mean that TIF LEAs to use a combination of student essential component of a PBCS, effective funds must be used to pay performance- achievement (as defined in this notice), teachers cannot be measured by test based compensation to both teachers classroom observation, and other scores alone. Two other commenters and principals. If an LEA’s PBCS measures of the LEA’s choosing to emphasized the importance of already provides compensation to either evaluate teacher and principal collaborative partnerships of union teachers or principals, the LEA may effectiveness. Priority 2 requires leaders and administrators in the implement a TIF project that would evidence that the proposed PBCS is development of a successful PBCS, benefit the other group, provided that aligned with a coherent and integrated while another added that such the PBCS, as a whole, covers both strategy for strengthening the educator collaboration is more important than the groups of educators for the duration of workforce, including the use of data and use of test scores. Other commenters the TIF project period. evaluations for professional asserted that changing the Nation’s Thus, in response to this commenter’s development, retention, and tenure education system to improve teaching question, the Department has revised decisions. The core elements that all and learning requires more than just the Additional Eligibility Requirement applicants must put into place before changes in compensation; they argued to extend eligibility to those applicants beginning to make incentive payments that it also requires professional that have current PBCSs in their States are specifically intended to ensure that teaching standards, standards for or LEAs (including charter school teachers and principals are involved in teaching and learning conditions, and LEAs), but currently provide developing a PBCS and understand how standards for professional development. performance-based compensation either it works, that evaluation systems Discussion: The Department agrees only to principals or only to teachers. include objectively collected data on that effective teachers cannot be The requirement now allows an classroom performance, and that measured by test scores alone. The final applicant to propose to expand an applicant data systems are sufficiently requirements for this program, like existing PBCS to cover teachers or robust to accurately link student those in the NPP, do not provide principals who are not currently being achievement (as defined in this notice) otherwise. Rather, as required by the served through the PBCS provided that data to individual teachers and human program’s authorizing legislation, a TIF funds are used to expand the resources systems. The Department PBCS must include the use of student coverage of existing projects only in believes that these priorities and achievement (as defined in this notice) high-need schools (as defined in this requirements, collectively, will ensure data, classroom observations, and other notice). An applicant creating an that TIF grantees implement a PBCS that measures selected by the grantee. entirely new PBCS must apply to use meets the higher standard of reliability Moreover, paragraph (c) of the Core TIF funds to develop and implement a and validity for teacher evaluation Elements requires ‘‘the involvement and PBCS for both teachers and principals, systems called for by the commenters. support of unions in participating LEAs as required by absolute priority 1. Changes: None. where they are the designated exclusive Changes: The Additional Eligibility Comment: One commenter expressed representatives for the purpose of Requirement has been revised to allow the view that increasing funding for collective bargaining that is needed to applicants that are current TIF grantees education, including for programs to carry out the grant.’’ Finally, the with principal- or teacher-only projects support teachers, is not likely to Professional Development requirement to expand their current PBCSs to those improve the overall quality of our provides that applicants must teachers or principals who work in education system. According to this demonstrate that their PBCSs include high-need schools (as defined in this commenter, spending has increased high-quality professional development notice) and who are not currently being dramatically since the 1960s, but test targeted to needs identified through an served through the PBCS currently in scores have not improved. The evaluation system. We, therefore, place. If funded under the new commenter also stated that teachers believe that the final notice adequately competition, the PBCS for both teachers need respect and support from parents addresses the commenters’ concerns. and principals must remain in place for and administrators. Changes: None. the duration of the TIF project. Discussion: The Department believes Comment: One commenter urged the Comment: One commenter that increased resources for education, Department to make publicly available recommended adding a definition of the effectively used, will improve the all successful grant applications so that term ‘‘teacher’’ to the final notice, while quality of our education system. these applications can serve as two other commenters suggested However, the TIF program is focused on templates for future applicants and clarifying that, under the TIF program, improving the efficacy of existing State promote the sharing of promising ‘‘teachers and principals’’ include other and local education resources by practices. staff such as instructional specialists, encouraging LEAs and other applicants Discussion: The Department agrees counselors, librarians and media to use a greater proportion of those with this commenter, and will post all specialists, and assistant principals. resources to reward effective teaching successful TIF applications, for both the Discussion: As in prior TIF and school leadership and provide new Main TIF competition and TIF competitions, the Department interprets incentives for our best teachers and Evaluation competitions, on its Web site the term ‘‘teacher’’ to include resource principals to work in our most at www.ed.gov. teachers and other staff who provide challenging schools. The Department Changes: None. direct instruction, such as

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paraprofessionals and classroom aides. believes that the precise number of emphasize the use of multiple measures However, in general, because the term observation-based assessments should in a TIF-funded PBCS, such as ‘‘teacher’’ is not defined in Federal be left to the considered judgment of the classroom observations, portfolio statute or regulation, the Department applicant and its process of securing reviews, student grades, and appraisals believes the definition of ‘‘teacher’’ input from stakeholders. In particular, of lesson plans. should reflect applicable State and local the quality of the observation-based One commenter also urged inclusion laws and policy regarding the inclusion assessment is likely to matter more than of school climate, resources, and of other school staff, such as counselors, the number; two comprehensive professional development in teacher librarians, and media specialists. observations by a well-prepared evaluations. Another commenter Moreover, during our review of public evaluator may provide a more accurate recommended including certification by comments, we realized that the language picture of teacher performance than five the National Board for Professional authorizing the TIF program in the cursory classroom visits. For this Teaching Standards (NBPTS) as a Department’s FY 2010 Appropriations reason, the Department declines to make specific option for measuring teacher Act expressly provides that TIF funds the change recommended by the effectiveness. On the other hand, one may support PBCSs that benefit commenter. However, we note that commenter called for maintaining the teachers, principals, and other grantees would have the flexibility to requirement in a previous TIF personnel (in those sites in which the conduct additional assessments if competition that bonuses be based grantee wishes to expand the PBCS to desired. ‘‘primarily’’ on student achievement and additional staff in its schools). Changes: None. urged that the final notice require Therefore, an applicant has flexibility Comment: One commenter urged the applicants to ‘‘fully utilize’’ student to extend its PBCS to cover school Department to add statewide support, achievement data by mandating a 50- personnel who are not teachers or such as technical assistance, electronic percent weighting for such data. principals and to define the range of networks, and regional meetings, to the Another commenter recommended other personnel who are eligible to list of activities described in the strengthening the program’s emphasis participate in the PBCS. Background section of the NPP that may on student achievement by changing Changes: We have revised the be supported with TIF funds. ‘‘significant’’ to ‘‘predominant’’ so that requirements for the program to clarify Discussion: Our final notice does not student achievement will not ‘‘be that an applicant’s PBCS must cover include the background statements obfuscated by multiple other objective teachers and principals and, at the provided in the NPP, so we are not and subjective criteria.’’ discretion of the applicant, may cover making the change requested by the Discussion: The statute requires the other school personnel. commenter. That said, to the extent that Department to use TIF funds to support Comment: One commenter strongly SEAs apply for TIF funds in conjunction the development and implementation of recommended that the Department with eligible LEAs, the activities PBCSs that use student achievement (as require teacher evaluators in the PBCS described by the commenter generally defined in this notice) and multiple to have subject- or specialty-area would be permitted under the statutory classroom observations, as well as other expertise specific to the position or authority for the TIF program, which factors, to determine incentive positions that they are evaluating. allows the use of TIF funds to develop payments for teachers and principals. Discussion: The Department believes or improve systems and tools that The Department believes that given the that the language in paragraph (c) of the would enhance the quality and success wide range of possible factors that might Core Elements, which specifies (1) that of the PBCS. The Department does not be included in their teacher evaluation the evaluation process use objective believe it is necessary to create a systems, as well as the fact that evidence-based rubrics for observation, separate ‘‘statewide support’’ category. improving student achievement is the aligned with professional teaching Changes: None. underlying purpose of the TIF program, it is both appropriate and consistent standards, and (2) that evaluators have Priority 1 specialized training, is sufficient to with the statute to ensure that TIF ensure fair classroom observations of Comment: Several commenters grantees give student achievement participating teachers. Moreover, recommended modifications to ‘‘significant’’ weight among the factors requiring each evaluator to have the proposed priority 1 regarding included in such systems. same subject or specialty area expertise differentiated levels of compensation for While the Department appreciates the as the individuals they are evaluating effective teachers and principals. One concerns of commenters who argued for would be impracticable in many LEAs commenter stated that the requirement giving greater, ‘‘predominant’’ weight to and would potentially limit the to give ‘‘significant weight’’ to student student growth (as defined in this inclusion of classroom observations in growth exceeded statutory authority, notice) in TIF-funded PBCSs, we teacher evaluation systems. For this while others interpreted the continue to require that this factor be reason, we do not believe it is requirement that LEAs give ‘‘significant given ‘‘significant’’ weight in this final appropriate to make the change weight’’ to student growth as the notice. We do so both (1) to emphasize, requested by the commenter. equivalent of basing the evaluation of consistent with the Department’s Race Changes: None. teacher performance ‘‘on a single test to the Top program, that teacher Comment: One commenter score.’’ A few commenters also stated effectiveness for TIF should not be recommended increasing to three the that because growth data are available determined solely on the basis of minimum number of observation-based for only 30 percent of the teaching force, standardized test scores, and (2) in the assessments required each year under a PBCS must use other measures to belief that, given the statutory proposed priorities 1 and 4, believing determine the effectiveness of most requirement that grantees also base their that two observations are insufficient to teachers and principals. One commenter evaluations on multiple annual obtain a fair review. suggested allowing applicants in States observations, among other factors, the Discussion: While the requirement for that do not have growth models to use LEA, in consultation with school staff multiple observations necessitates at status models to measure student and with the support of any teacher’s least two observations per year, as was learning. Other commenters union that represents teachers in proposed in the NPP, the Department recommended changing priority 1 to collective bargaining, is in the best

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position to determine the relative and principals include multiple subjects or specialty areas who are weight to give these other factors. classroom observations. We decline, effective or likely to be effective. By Hence, this final notice requires a TIF- however, to modify or add any other implication, an LEA with a particular supported PBCS to use (1) student examples of specific measures of need for special education teachers growth (as defined in this notice), principal performance, as the absolute could use its PBCS specifically to hire (2) multiple classroom observations, and priority is not meant to provide an and retain such teachers. The (3) other measures selected by the exhaustive list of all possible Department has retained both of these grantee to inform the payment decisions supplemental measures an LEA might provisions in this final notice, and of the PBCS. These other measures use. We will, however, consider believes that no additional language is might include, for example, outputs including such examples in any non- needed to respond to the commenter’s such as student portfolios or grades and regulatory guidance that we may issue concern. inputs such as NBPTS certification. for the TIF program. Changes: None. Congress established TIF as a Changes: In paragraph (b) of priority Priority 2 competitive grant program to promote 1, we have changed ‘‘include the use of PBCSs to improve student observation-based assessments of Comment: Commenters had mixed achievement (as defined in this notice) teacher performance at multiple points reactions to absolute priority 2’s in high-need schools (as defined in this in the year’’ to read ‘‘include requirements regarding the fiscal notice). Therefore, it is necessary only observation-based assessments of sustainability of a PBCS. For example, that LEAs that wish to apply for TIF teacher and principal performance at while one commenter stated that the funds be able to use the required multiple points in the year.’’ current fiscal climate will make it student achievement (as defined in this Comment: One commenter difficult to meet this priority, other notice) and growth (as defined in this recommended adding to proposed commenters supported the priority for notice) data for their teachers. Moreover, priority 1 a requirement that each the same reason, suggesting that current States or LEAs may, as a part of the TIF applicant describe how its PBCS will budget constraints make it even more program, determine how to use include educators of both students with important for each applicant to assessments such as annual district disabilities and gifted and talented demonstrate a strong commitment to assessments, interim assessments, or students. sustaining its PBCS. One commenter pre-tests/post-tests, to generate growth Discussion: We do not believe that the also expressed concern that requiring (as defined in this notice) data for a Department should require an LEA to grantees to demonstrate sustainability larger percentage of teachers and ensure that its PBCS apply to any could ‘‘aggravate serious problems of principals. However, the use of status specific group of teachers. Rather we school finance’’ in States with school model assessment data alone is not believe that the LEA, in consultation funding equity problems. Another consistent with the emphasis of the TIF with school staff and any teachers’ commenter urged the Department to program on using student growth (as union that represents teachers for the acknowledge the dependence of defined in this notice) to inform the purpose of collective bargaining, where sustainability plans on economic and decisions made under a PBCS. applicable, should extend to all teachers budget factors and to include Changes: None. in a high-need school or to a subset of ‘‘contingency options’’ for LEAs that Comment: One commenter stated that those teachers based on hard-to-staff may face extreme financial hardship priority 1 and paragraph (c) of the Core subjects or needs in particular specialty both during and after the grant period. Elements are inconsistent with regard to areas. Other commenters objected to the the need to include principal We note that in the NPP, and now in priority’s reference to the observations in determinations of this notice, we describe several ways in ‘‘redeployment’’ of other existing principal effectiveness. This commenter which a PBCS may include educators of resources, stating that most LEAs recommended revising priority 1 to both students with disabilities and already have reallocated available reflect the requirement for at least two gifted and talented students. First, resources to meet the current budget yearly observations of principals in under paragraph (a)(1)(i) of the selection crisis, that such redeployment may paragraph (c) of the Core Elements. criteria, the Department considers the undermine other LEA program Another commenter recommended extent to which the applicant priorities, that resources used to support emphasizing ‘‘growth’’ in graduation and demonstrates that the high-need schools continuing education for teachers and postsecondary enrollment rates in the that would participate in its PBCS have principals are essential to improving the examples of supplemental measures for difficulty in recruiting highly qualified skills of these staff, and that redeploying determining the effectiveness of or effective teachers, particularly in resources used for salary increments principals, while a third commenter hard-to-staff subject and specialty areas potentially would lower the standard of proposed including in those examples such as special education (these living for teachers and make it more nine separate ‘‘measures of highly specialty areas also could include gifted difficult to obtain mortgages and own effective school leaders.’’ and talented education). their own homes. Discussion: The Department agrees Second, under priority 5, the Discussion: The Department that proposed absolute priority 1 was Department will give a competitive acknowledges all of the concerns raised unclear on the need for observation- preference to an applicant showing that by commenters regarding the difficulty based assessments of both teachers and its proposed PBCS is designed to assist of ensuring the fiscal sustainability of principals as part of the evaluation high-need schools to (1) serve high-need TIF-funded PBCSs. However, in Public system used to support a TIF-funded students (which, as defined in this Law 111–117, the FY 2010 PBCS. In the final notice, we have notice, includes students with Appropriations Act that included changed the priority to include disabilities); (2) retain effective teachers funding for TIF, Congress provided that principal observations in in teaching positions in hard-to-staff all applications for TIF grants ‘‘shall determinations of principal subjects and specialty areas, such as include a plan to sustain financially the effectiveness. We believe this change is mathematics, science, special education, activities conducted and systems fully consistent with the statutory and English language acquisition, and developed under the grant once the requirement that a PBCS for teachers (3) fill vacancies with teachers of those grant period has expired.’’ We do not

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believe any credible plan for financial programs supporting collaboration value-added models as part of a PBCS, sustainability is likely to succeed between general and special education. citing research that shows significant without a demonstration by an Discussion: Priority 3 is based on the variability in the results of such models, applicant of its readiness to make the idea that a PBCS works best in particularly for individual teachers, the hard choices needed to ensure that the conjunction with a coherent and limited availability of data to support funding will be available to sustain the integrated approach to strengthening the such models for most teachers, the PBCS after the TIF grant ends. For this educator workforce that specifically limited number of vendors experienced reason, the Department also is extending includes many of the strategies in developing and implementing value- this requirement to TIF awards made suggested by the commenters, such as added models, and the lack of evidence with ARRA funds. teacher and principal recruitment, that such models are fair, reliable, and In addition, this final notice, like the induction, professional development, valid when used to evaluate teacher NPP, does take into account the evaluation, retention, and advancement effectiveness or determine economic conditions facing the Nation’s into instructional leadership roles (as compensation levels. One commenter, school systems. Unlike previous TIF defined in this notice). Contrary to the for example, stated that value-added awards, which required an increasing second commenter’s warning about ‘‘too systems are not appropriate for ‘‘high- non-TIF share in years in which much emphasis’’ on the PBCS, we stakes decisions regarding employee performance-based compensation is believe the opportunity to receive evaluation and compensation.’’ Another provided and established a percentage incentive payments and other rewards commenter stated that the use of value- ceiling on the amount of TIF funds that from the PBCS will encourage educators added models in PBCSs generally would could be used for incentive payments to take full advantage of the various exclude both educators of students with during the last year of the grant period, strategies and supports made available disabilities and the impact of regular this notice requires only an increasing through the applicant’s coherent and instructors on students with disabilities, non-TIF share in years when integrated approach to strengthening the leading to ‘‘two separate systems for performance-based compensation is educator workforce. judging teacher performance.’’ As a provided. For all of these reasons, the Moreover, the Department also result of these various concerns, three Department declines to make the expects that, particularly as part of an commenters recommended eliminating recommended changes to priority 2. overall strategy to improve instruction priority 4 altogether. Other commenters Changes: None. for high-need students, TIF grantees will suggested replacing the priority with a Comment: One commenter requested provide professional development competitive preference for programs clarification regarding the duration of an related to meeting the needs of students that enhance teaching and leadership applicant’s fiscal sustainability plan, with disabilities and gifted and talented skills through professional development i.e., how many years following the end students, including induction and or the pursuit of advanced certification of TIF funding must a PBCS be mentoring programs aimed at or degrees, as well as the addition of sustained? supporting collaboration between multiple measures to value-added Discussion: Applicants have general and special education. However, models. Finally, one commenter asked flexibility regarding the length of their the Department declines to add specific whether TIF funds could be used to sustainability plans. As a practical requirements in this area as we believe refine a value-added model. matter, we understand that the difficulty that TIF grantees should implement site- Discussion: We appreciate the of making long-term predictions of specific professional development expressions of support for encouraging economic conditions, State and local opportunities for teachers and applicants to incorporate value-added funding, and political factors may limit principals designed based on their measures into their PBCSs, in particular the required fiscal sustainability plans specific needs, which may include due to the potential for such measures to no more than three to five years. professional development related to to isolate the improved achievement Changes: None. serving students with disabilities and that may be attributed to individual Priority 3 gifted and talented students. teachers regardless of the starting point Changes: None. of their students. The Department Comment: Several commenters understands and, to some extent, shares Priority 4 expressed support for priority 3 the concerns of some commenters regarding programmatic sustainability of Comment: Three commenters regarding the need to be judicious about the PBCS. One commenter also urged expressed strong support for priority 4, the use of value-added models due to that the priority include a focus on a competitive priority on the use of the public’s limited experience with strategies for supporting educators, such value-added measures of student them. We also recognize that many as professional development, mentoring, achievement for purposes of researchers have expressed concern and induction programs. Similarly, determining differentiated levels of about the use of value-added models to another commenter cautioned against compensation in a PBCS. Two of these evaluate teacher performance. However, too much emphasis on the PBCS when commenters recommended making this one purpose of a competitive grant other approaches related to recruiting, priority an absolute priority, ‘‘since program like the TIF program is to inducting, mentoring, evaluating, and improving student achievement is the encourage innovation and the retaining teachers may be more effective underlying purpose for all these Department believes that a competitive in improving student achievement. incentives.’’ Another commenter stated preference on the use of value-added Another commenter encouraged the that the use of value-added models will models as part of a PBCS is consistent Department to require, as part of priority address the problem of non-random with this purpose. 3, professional development strategies assignment of students to individual We also note that many of the designed to improve the identification teachers by helping to ensure that research-based concerns expressed by and instruction of students with teachers with the highest-achieving commenters focus on the potential use disabilities and gifted and talented students do not benefit of value-added models as the sole or students. In addition, this commenter disproportionately from a PBCS. predominant indicator of teacher recommended that the Department However, several other commenters performance, an approach that is not promote mentoring and induction raised strong objections to the use of required under either the statutory

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authority for the TIF program or this enable teachers ‘‘to use the data clarification that an applicant could final notice, which states that, in generated through the models to receive points for priority 5 by determining teacher effectiveness, the improve classroom practices.’’ However, including an emphasis on recruiting and LEA must give significant weight to the language of the proposed priority retaining teachers in hard-to-staff student growth (as defined in this inadvertently omitted any reference to subjects and specialty areas as part of an notice) and must include observation- improving classroom practice. The overall PBCS for all teachers, rather than based assessments of performance. Department has revised priority 4 to a PBCS focused solely on the goals of Moreover, we believe that priority 4 is require TIF applicants seeking to meet priority 5. fully consistent with the observation of this priority to ensure that they will use Discussion: We agree with the first one study cited by a commenter that value-added data to improve classroom commenter that increased recruitment value-added approaches ‘‘may be instruction as well as to evaluate teacher and retention of teachers in hard-to-staff appropriate for wider use as student performance. As these activities are subjects and specialty areas in high- assessment systems and value-added directly related to providing feedback need schools is an important goal; models evolve.’’ One purpose of priority educators need to improve their however, we also believe that designing 4 is to promote such evolution by performance, and thus are part of a and implementing a good PBCS is encouraging grantees to adapt value- coherent and integrated approach to difficult, and that some LEAs may be added models to their PBCSs consistent strengthening the educator workforce reluctant to add to the challenge by with the safeguards for all PBCSs (see priority 2), TIF funds may be used making recruitment and retention required by this final notice (i.e., the use to pay for activities needed to help bonuses a required component of the of multiple measures in teacher educators use the value-added data to system. Consistent with our overall evaluation systems, teacher involvement improve classroom practices, including policy of establishing mandatory in developing such systems, and robust the development or enhancement of requirements only when necessary, we data systems). systems and tools used to generate believe that retaining priority 5 as a In addition, value-added models have feedback to teachers for the purpose of competitive preference priority is the the potential to improve the improving instruction. appropriate way to encourage applicants measurement of academic growth (as Changes: The Department has revised to consider ways to use the PBCS to defined in this notice) for many clause (2) of priority 4 to clarify that an promote increased recruitment and students with learning disabilities, and applicant must demonstrate in its retention of teachers in hard-to-staff thus should not be dismissed simply application that, as part of its PBCS, it subjects and specialty areas in high- because they may not be appropriate for has the capacity to clearly explain the need schools. The Department declines all students with disabilities. TIF funds chosen value-added model to teachers to give a competitive preference to an also may be used to improve tools to to enable them to use the data generated applicant that proposes to increase measure growth (as defined in this through the model to improve classroom recruitment or retention, because we notice) in student achievement (as practices. believe that it is the combination of the defined in this notice), such as value- Comment: One commenter two strategies that is likely to be both added models, and thus could be used recommended that priority 4 be revised most needed and most effective in to refine a value-added model, to require LEAs to have a plan for serving high-need students in high-need addressing some of the concerns raised including career and technical schools. Finally, we agree that the by commenters. For this reason the education (CTE) teachers in value-added components and activities required to Department does not agree with the systems, although the commenter meet priority 5 may be part of a broader commenters who suggested that we acknowledged that value-added TIF proposal for developing and eliminate priority 4. Similarly, the measures are problematic in CTE due to implementing a PBCS that fulfills the Department does not agree that a the lack of comparative data for the end- full range of an applicant’s recruitment competitive preference for programs of-course assessments typically used in and retention needs, not just those that enhance teaching and leadership CTE courses. related to teachers in hard-to-staff skills through professional development Discussion: The Department declines, subjects and specialty areas. or attainment of professional credentials for the reason cited by the commenter, Changes: None. holds the same promise of improving to require applicants to have a plan for Comment: Two commenters objected our ability to measure teacher including CTE courses in their value- to what they described as the premise of effectiveness as value-added measures added systems. However, applicants priority 5—that an effective teacher will of student achievement (as defined in that have the capability to use such be effective in any school without this notice). We say this largely because measures for CTE programs certainly regard to the school’s conditions and such programs are not designed or may include them to meet the climate. These commenters intended to measure teacher requirements of priority 4. recommended that we address factors effectiveness, as is statutorily required Changes: None. such as poor leadership and support, inadequate professional development, for the TIF program. Priority 5 Changes: None. discipline and safety concerns, and Comment: One commenter requested Comment: One commenter planning time. The commenters argued clarification as to whether applicants recommended changing priority 5, the that addressing these factors could help could meet priority 4 by using value- competitive preference priority on remove the ‘‘hard-to-staff’’ label from the added models only to evaluate teacher increased recruitment and retention of school. A third commenter stated that performance or whether they also must teachers in hard-to-staff subjects and any effort to attract and retain teachers provide to teachers feedback aimed at specialty areas in high-need schools, to should invest in teacher support and improving instruction. an absolute priority. Another development. Discussion: In the NPP, the commenter called for giving priority to Discussion: Priority 5 is not premised background section for proposed applications that propose to increase on the assumption that an effective priority 4 clearly stated that one goal of recruitment or retention of teachers in teacher will be effective in any school; this competitive preference priority is to hard-to-staff subjects in high-need rather, it is based on the premise that a ensure that applicants have a plan to schools. A third commenter sought teacher who has demonstrated the

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ability to raise student achievement (as of the priority leaves the determination Moreover, the Department believes that defined in this notice) in one school is of hard-to-staff subjects and specialty the significant resources potentially more likely to be effective in another areas up to applicants and the LEAs that made available through the SIG program school than a teacher who has not administer the affected high-need (up to $6 million per school over 3 demonstrated such effectiveness in any schools. The Department, therefore, years) will, in many cases, create a school setting. In addition, an applicant believes that, under priority 5, strong incentive for effective teacher seeking to meet priority 5 will be applicants have the flexibility to define and leaders seeking the challenge of expected to incorporate the strategies for ‘‘hard-to-staff’’ subjects consistent with turning around a persistently lowest- doing so into its coherent and integrated the suggestions made by the achieving school. strategy for strengthening the educator commenters, including flexibility to Changes: None. workforce, which may, and whenever change their definitions over the 5-year Comment: One commenter asked necessary should, include efforts to grant period. Also, because of this whether priority 5 includes principals address the other conditions described flexibility, we do not believe that any of as well as teachers. by the commenters. the specific suggestions for additions to Discussion: Priority 5 is a competitive Changes: None. the list of hard-to-staff subjects and preference priority focused on recruiting Comment: One commenter objected to specialty areas are necessary, and and retaining teachers in hard-to-staff the use of the terms ‘‘effective’’ or ‘‘likely therefore decline to make any changes subjects and specialty areas and does to be effective’’ in the context of priority to the priority. not apply to principals. That said, 5 because of concerns about the use of Changes: None. applicants may include strategies and growth measures to determine Comment: One commenter stated that incentives to recruit and retain effective ‘‘effectiveness.’’ Another commenter paying the teachers of some subjects principals in high-need schools as part recommended that the priority be more than teachers of other subjects of the overall design of their PBCSs, but revised to include NBPTS certification undermines the basic equity of existing would not receive priority consideration as one measure that could demonstrate compensation systems. Instead, this for doing so under either the Main TIF whether a teacher who is filling a hard- commenter recommended that we or TIF Evaluation competitions. to-staff vacancy is effective or likely to address gaps in subject and specialty Changes: None. be effective. areas through scholarships, tuition Suggested Priorities Discussion: We have addressed assistance, and loan forgiveness concerns about the use of student programs. Comment: Three commenters growth (as defined in this notice) Discussion: The TIF program is recommended that the Department measures to determine teacher and premised on the belief that existing establish additional absolute priorities principal effectiveness under the compensation systems do not serve the for the TIF program. Two commenters General Comments section of this goal of increasing the number and called for an absolute priority on preamble. In addition, priority 5 proportion of effective teachers serving incentives to take on additional requires applicants to provide an low-income, minority, and low- responsibilities and leadership roles, a explanation for how they will determine achieving students, and the belief that recommendation that these commenters that a teacher filling a vacancy is providing financial rewards for both described as consistent with the effective or likely to be effective. We effectiveness and willingness to work in treatment of other statutory mandates believe that this language provides challenging schools is a promising for this program. The third commenter flexibility for an applicant to propose education reform. Many high-need suggested a new absolute priority on appropriate measures of effectiveness or schools have particular need for establishing and sustaining a likely effectiveness, including NBPTS teachers of certain subjects and competitive compensation schedule for certification, under priority 5. specialty areas (e.g., mathematics, school personnel that is comparable to Changes: None. science, and special education), and we compensation schedules of similar Comment: Three commenters believe that higher pay for effective professions in the region. The provided suggestions about how to teachers in these areas who agree to commenter stated that such a priority is define ‘‘hard-to-staff’’ subjects under work in high-need schools could help to needed to avoid a situation in which a priority 5. One commenter alleviate this problem. We are confident PBCS is perceived as preventing any recommended that we add CTE to the that performance-based compensation teachers eligible for the PBCS from list of hard-to-staff subjects and available through TIF can be one means receiving a competitive, professional, or specialty areas. Another commenter of addressing this problem. The living wage, and that the schedule requested that the priority provide Department agrees that other kinds of would need to be based on educational flexibility to allow LEAs to change their rewards and incentives described by the and professional attainment and provide lists of hard-to-staff subjects and commenter also may be effective, but annual increases that double the base specialty areas over the 5-year grant they fall outside the scope of the TIF salary within 10 years. period. The last commenter asked the program. Discussion: Under the Application Department to clarify that LEAs have Changes: None. Requirements, each applicant is the authority to determine which Comment: One commenter asserted required to describe in its application subjects are hard-to-staff and which that the school intervention models how its proposed PBCS will provide areas constitute ‘‘specialty areas,’’ and required by the School Improvement educators with incentives to take on that specialty areas could include Grants (SIG) program, some of which additional responsibilities and extended day, pre-K, or other areas in require the replacement of a school’s leadership roles (as defined in this high-need schools that are difficult to teachers, could be a disincentive for notice). The Department believes that staff. teachers to take jobs in hard-to-staff this requirement adequately addresses Discussion: Priority 5 requires schools. the commenters’ concern, and that it is applicants to demonstrate, in their Discussion: Except for school closure, unnecessary to add a new absolute applications, the extent to which the none of the school intervention models priority on additional responsibilities subjects or specialty areas they propose required by the SIG program mandates and leadership roles (as defined in this to target are hard-to-staff. The language the replacement of all effective teachers. notice). The recommendation to use the

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TIF program to establish uniform higher permit the elimination of the ‘‘core require the use of any particular model compensation schedules that are not elements’’ section in the final notice. for teacher evaluation. The linked to student achievement (as Discussion: The Department recommendation that teacher defined in this notice) is inconsistent acknowledges that proposed priorities 1 evaluations should be based not on with the TIF program’s authorizing and 3 and paragraphs (c) and (d) of the student achievement (as defined in this legislation, which requires eligible Core Elements share some elements and notice), but only on professional entities to use TIF funds to develop and language, but believes that there are expectations and participation in implement PBCSs that consider growth differences in emphasis and detail that professional development activities is (as defined in this notice) in student favor retention of the proposed structure not consistent with the statutory achievement (as defined in this notice), of priorities, application requirements, requirement that PBCSs take into as well as classroom evaluations core elements, selection criteria, and account student achievement (as conducted multiple times during each definitions. In addition, this structure defined in this notice), and the school year. The law does not give the facilitates the implementation of a Department, therefore, declines to make Department authority to require changes planning period when necessary. For this change. in an LEA’s regular staff compensation these reasons, the Department declines The Department generally agrees that system. to change that structure in this final few States or LEAs have implemented Changes: None. notice. high-quality teacher evaluation systems; Comment: Three commenters Changes: None. this is why building such systems is recommended that the final notice Comment: One commenter was both a priority and a prerequisite under include two new invitational priorities. concerned that many of the terms used priorities 1 and 4, all five core elements, Two of these commenters called for an in paragraph (c) of the Core Elements and selection criterion (b). Moreover, as invitational priority for applications related to professional development and the NPP made clear, grantees may use from SEAs in order to ensure the evaluation systems are not defined (e.g., TIF funds to develop or improve sustainability and broader impact of TIF ‘‘multiple,’’ ‘‘professional teaching systems and tools (which may be awards. One commenter requested an standards,’’ and ‘‘inter-rater reliability’’). developed and used either for the entire invitational priority for PBCSs in which One commenter proposed the use of a LEA or only for schools served under effective teachers are required to share specific model of teacher evaluation for the grant) that would enhance the their instructional practices prior to the TIF program, while another quality and success of the PBCS, such receiving incentive payments or commenter called for replacing the as linkages that may not otherwise exist bonuses. requirement in paragraph (c) of the Core in the data systems used in small LEAs. Discussion: SEAs, like other eligible Elements that principal and teacher For this reason, the Department does not entities, must use TIF funds awarded to effectiveness be measured in significant believe it is necessary to permit them to develop and implement a PBCS part by student achievement with a exceptions to the requirements of in high-need schools, a requirement that system that (1) uses multiple measures paragraph (d) of the Core Elements for could involve efforts to ensure the of educator performance based on clear small LEAs. sustainability and broader impact of TIF and comprehensive professional Changes: None. awards. However, the TIF program expectations and (2) is linked to Comment: One commenter statute does not authorize TIF funds to continuous professional development recommended adding a paragraph to the be used to promote statewide support and opportunities to demonstrate newly Core Elements that would require the and broader impact of local TIF projects, acquired knowledge and skills. PBCS to be aligned with an LEA’s and hence an invitational priority in Another commenter asserted that few coherent and integrated strategy for this area does not seem appropriate. current performance evaluation systems strengthening its educator workforce, Furthermore, the Department agrees that are fair, valid, and reliable and because without such a strategy, an having teachers share effective recommended that the Department applicant cannot meet priorities 1 and 3, instructional practices could be a useful reconsider requiring the use of and is therefore not eligible to receive a element of a TIF project, but declines to performance evaluation systems as part grant under the TIF program. Making add an invitational priority to make of a PBCS unless funding and other the strategy one of the core elements incentive payments contingent on such support (especially at the SEA level) is would allow an LEA that does not practices because the primary purpose available to develop and implement already have such a strategy to use the of the incentive payments required by new performance evaluation systems. planning period to develop one, thereby the TIF program is to reward teachers Similarly, one commenter also allowing them to meet priorities 1 and for improving student achievement (as suggested that, for a small LEA, the data 3. defined in this notice), not for sharing management system called for in Discussion: To the extent that an effective practices. paragraph (d) of the Core Elements eligible LEA does not already have a Changes: None. should be required to link student coherent and integrated strategy for achievement data only to the teacher strengthening its educator workforce, it Application Requirements evaluation system and not to payroll must develop and document such a Comment: One commenter stated that and human resources systems. strategy as part of its application the application process described in the Discussion: The Department believes process. Moreover, an applicant would NPP was unnecessarily complex due to that applicants should have some also be able to propose further work ‘‘repetitive and inconsistent’’ priorities, flexibility to define the terms cited by needed to design and implement its application requirements, and selection the first commenter, and that, if strategy for strengthening the educator criteria. The commenter recommended necessary, the Department may clarify workforce as part of its work during the that because paragraphs (c) and (d) of such terms through non-regulatory Planning Period on Core Element (c). the Core Elements already are covered guidance. We also believe that TIF Therefore, we decline to follow the by priorities 1 and 3, incorporating the applicants should be able to develop commenter’s recommendation. remaining core elements into a new their own teacher evaluation systems in Changes: None. priority 6 regarding input from and response to their own needs and Comment: One commenter requested communication with teachers would circumstances, and thus we decline to clarification of the requirement that the

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proposed PBCS provide participating The Department also believes that while implementation of a PBCS. For these teachers and principals with an applicant will certainly want to reasons, the Department has determined professional development that is shown discuss its proposal with affected that it is not appropriate to revise the to be effective. educators and their union requirements as requested by the Discussion: The specific language representatives as it develops its commenters. cited by the commenter that the application, concerns about the Changes: None. professional development must be availability of sufficient time to provide Comment: One commenter expressed ‘‘shown to be effective’’ was included as such input are addressed by the concern about the complexity of many background material in the Planning Period provision, which growth and value-added models and Requirements section of the NPP and allows a successful applicant to take up recommended that the Department add does not appear in this final notice. to one year during which it will use its language to paragraph (e) of the Core However, under paragraphs (3), (4), and TIF funds to develop the core element Elements to ensure that the pay (5) of the Professional Development or elements it lacks. The Department formulas used in a PBCS are transparent requirement in the Requirements certainly agrees that including local and understandable by teachers and section of this notice, an applicant must teacher input is important; however, the principals. demonstrate, in its application, that it Department believes that the existing Discussion: The Department believes provides effective professional language in the notice is sufficient to that paragraphs (a), (b), and (e) of the development to teachers and principals address the need to involve both Core Elements, which contain specific covered by the PBCS and include a educators and union representatives in requirements related to communicating process for regularly assessing the developing a PBCS and a TIF the components of the PBCS to teachers effectiveness of this professional application. and principals, involving teachers and development in improving teacher Changes: None. principals and ensuring their support practice and student achievement (as Comment: One commenter for the PBCS, and ensuring that teachers defined in this notice) and making the recommended that the final notice and principals understand the measures modifications necessary to improve its require that both the LEA and the of effectiveness included in the PBCS, effectiveness. Therefore, we believe that collective bargaining representative are sufficient to ensure that PBCSs and the language in the Requirements involved in a TIF proposal certify that related teacher evaluation systems are section of this notice provides they understand the proposals reflected transparent and understandable by clarification and no additional language in the TIF program application and will teachers and principals. has been added. negotiate terms and conditions needed Changes: None. Changes: None. to implement a TIF award without Comment: Two commenters urged the Comment: Several commenters reopening for negotiation other contract Department to ensure that the data expressed concern about ensuring provisions that are not implicated by the management systems required by involvement by and input from program. In addition, three commenters paragraph (d) of the Core Elements teachers, principals, and other school recommended that the Department protect the privacy of students and staff, as well as the involvement of require 75 percent of teachers in non- educators. unions representing these individuals, bargaining LEAs to approve a TIF Discussion: The Department is during the development of each LEA’s project in order to demonstrate the committed to protecting the privacy of PBCS. One commenter requested that significant buy-in from those affected by students and educators and, therefore, the Department clarify that developing, the plan that is needed to ensure has added a clarifying footnote to communicating, and implementing a successful implementation. Another paragraph (d) of the Core Elements to PBCS is a joint process involving commenter objected to the requirement remind applicants that data systems teachers, administrators, and other for support from teacher unions to used to pay incentives based on student school personnel. In other words, the receive a TIF grant because it would growth (as defined in this notice) to commenter asserted, involvement in give unions effective veto power over an teachers, principals, and other developing the PBCS must precede LEA decision to apply for and carry out personnel (in those sites in which the communicating its elements. Another a Federal grant. Instead, this commenter grantee wishes to expand the PBCS to commenter stated that the timing of the called for the Department to require additional staff in its schools) must application process could make it evidence of support from teachers and comply with any applicable difficult to obtain required input from principals for the proposed PBCS, as requirements under FERPA. Privacy of teachers and principals. Two well as a description of any legal data in these systems also is subject to commenters recommended replacing barriers to carrying out a proposed PBCS any applicable State or local law. the reference to unions in paragraph (b) and plans to overcome those barriers. Changes: We have added a footnote to of the core elements with ‘‘local teacher Discussion: The Department believes paragraph (d) of the Core Elements associations,’’ to ensure that there is a that, in general, the issues raised by the stating that each successful applicant mechanism for local teacher input in commenters about the TIF application will need to ensure that its PBCS, right-to-work States. and negotiating its terms and conditions including related data systems, Discussion: The Department believes for successful implementation should be complies with FERPA and applicable that the language included in paragraph the subject for local negotiation rather State or local privacy laws. (b) of the Core Elements, which states than Federal requirement. In addition Comment: Two commenters that PBCSs must be developed with the because the creation of a PBCS directly expressed concern that limiting involvement and support of teachers, affects employee compensation, which participation to high-need schools could principals, and other personnel, is a key issue in local collective make it difficult for many LEAs to including unions in participating LEAs bargaining agreements, the Department implement a PBCS, and is inconsistent where they are designated exclusive believes that cooperation from and with the requirement that a PBCS be representatives for the purpose of agreement with local union part of a district-wide coherent and collective bargaining that is needed to representatives, where a union is a integrated approach to strengthening the carry out the grant, is sufficiently clear representative in collective bargaining, educator workforce. In addition, these to meet the concerns of the commenters. is essential to successful commenters stated that limiting the

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program to high-need schools would support that may be available during a Discussion: The Department disagrees prevent a comparison of the impact of planning period. with this interpretation of the PBCSs in high-need and non-high-need Discussion: The Department authorizing statutes; provided that it schools. appreciates expressions of support from expends its TIF funds properly during Discussion: Public Law 111–117, commenters for the proposed planning the Planning Period to implement its which contains the Department’s FY period of up to one year for grantees to planning responsibilities, a grantee that 2010 appropriation, authorizes the put in place the five core elements prior fails to complete the required core Department to use TIF funds to make to beginning incentive payments. We elements during its planning period competitive grants to eligible entities to disagree with the recommendation to simply would become ineligible to develop and implement a PBCS in high- mandate a planning year, as such a receive or otherwise obligate the need schools. While this statute requirement would needlessly delay remainder of its five-year grant amount. authorizes grantees to use TIF funds to implementation of a PBCS in a site that Changes: None. develop or improve systems and tools, has all the key requirements in place Eligibility such as high-quality teacher evaluations and is ready to move forward. We agree Comment: A large number of and measurements of growth (as defined that grantees should be able to begin commenters objected to excluding in this notice) in student achievement implementing some core elements current TIF grantees from the Main TIF (as defined in this notice), that would before all five elements are in place, as and TIF Evaluation competitions, as enhance the quality and success of the long as the grantee does not begin proposed in the NPP. In particular, PBCS either district-wide or only for making incentive payments before all commenters stated that the prohibition participating high-need schools, it does five core elements are completed. For on awarding new TIF funds to existing example, an LEA might begin not authorize the use of TIF funds to grantees would prevent the expansion of conducting observation-based implement the PBCS in schools that are many promising PBCSs. One commenter assessments before it is able to link not high-need. Limiting the use of TIF added that excluding current grantees student achievement data to individual funds to implement PBCSs in high-need from the new competitions appeared to teachers. While the LEA may begin schools does not necessarily prevent a be contrary to the Department’s grantee from evaluating the impact of conducting observation-based emphasis on rewarding and replicating having a PBCS in high-need schools assessments using TIF funds, it may not successful practices. Commenters versus non-high-need schools. If a begin making incentive payments solely recommended several alternatives to the grantee wishes to evaluate the impact of on the basis of these observation-based exclusion of existing TIF grantees from its PBCS on staff in high-need schools assessments. We believe that the these competitions, including extending relative to staff in schools that are not Planning Period provision allows for eligibility to current grantees but giving high-need, however, it would need to this flexibility and that no changes are priority to new applicants, limiting ensure that (1) its use of TIF funds to necessary in the final notice. eligibility for the TIF Evaluation conduct the study is reasonable and In addition, the Department agrees competition to new applicants but necessary to its implementation of its that members of a consortium could allowing existing grantees to apply for PBCS for staff in high-need schools, and have different starting dates depending the Main TIF competition, and (2) it does not use TIF funds for any of on their respective readiness relative to permitting awards to existing grantees the costs associated with implementing the five core elements and believes that, that want to expand their programs to the PBCS in non-high-need schools. as proposed, the Planning Period cover teachers or other educators who Changes: None. provision and Core Elements would currently are not served (e.g., a PBCS allow this and that no changes to the Planning Year currently in place in high-need schools final notice are necessary. With respect for principals only could be expanded Comment: In general, commenters to the portion of TIF funds that may be to serve teachers). praised the Department for proposing a used for a planning year, whether TIF Discussion: The Department did not planning year provision in the NPP, funds are available only for planning, propose to exclude existing TIF grantees during which TIF applicants that need and any other technical assistance and from applying for new TIF awards; additional time to put in place the five support that may be available during a instead, the NPP proposed to limit core elements of a PBCS can do so. planning period, an applicant may eligibility for the Main TIF competition However, there were many suggestions propose to use a specific amount of its and the TIF Evaluation competition to for modifying or providing flexibility in TIF awards for a planning period, applicants proposing to serve schools the requirements of the planning period. subject to negotiation and approval by not already served (or to be served) A few commenters recommended that the Department; however, TIF awards under current TIF grants. A grantee, for all grantees use a planning year to are not available solely for planning example, that is serving only some of its prepare to implement their PBCSs. Two purposes. The Department may be able high-need schools would have been commenters sought flexibility to begin to provide limited technical assistance eligible for a new award to expand implementing some core elements during a planning period. coverage of its PBCS to additional high- before plans for all five elements are in Changes: None. need schools. The intention, as stated in place. One commenter recommended Comment: One commenter asserted the NPP, was to use new TIF funding to that members of a consortium be that the Planning Period provision is extend PBCSs to new high-need schools, permitted to have different starting unnecessary and ‘‘potentially unlawful’’ rather than to provide more funding for points reflecting different levels of because a grantee that does not meet PBCSs in schools already supported by preparedness. Another commenter requirements, including the core the TIF program. Nonetheless, the requested clarification regarding the elements, after the planning period may Department is persuaded by the portion of TIF funds that may be used have spent grant funds unlawfully. For commenters that this proposal might for activities carried out during an this reason, the commenter have a negative impact upon the approved planning year, whether TIF recommended that the Department continued success of existing PBCSs. funds are available only for planning, eliminate the Planning Period in the Because we do not want to impede the and any other technical assistance and final notice. expansion of current TIF-funded PBCSs

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to cover additional groups of educators competition to schools that have grades high schools will not count toward the in high-need schools, we have revised covered by assessment requirements minimum of eight schools required the eligibility requirement to permit under the Elementary and Secondary under the TIF Evaluation competition. existing TIF grantees that want to Education Act of 1965, as amended Changes: None. expand their PBCSs to cover unserved (ESEA) (i.e., tested grades 3 through 8), Comment: Three commenters cited staff (as in the example cited by the last and recommended that the Department the potential for confusion regarding the commenter) to expand a PBCS currently should consider expanding the range of evaluation requirements for both the serving only principals to cover teachers allowable tests to include advanced Main TIF competition and the TIF as well. However, because we believe placement tests or the ACT to encourage Evaluation competition; in particular, existing TIF grantees generally will have greater participation by high schools, as these commenters expressed concern a competitive advantage in applying for well as the inclusion of a broader that some applicants may believe that new TIF funds, we also are adding a variety of subjects. Other commenters applying for the TIF Evaluation new competitive preference priority for added that excluding high schools from competition obviates the need for a local new TIF applicants to promote a more the TIF Evaluation competition unfairly project evaluation required under the level playing field for both existing penalizes States and LEAs with Main TIF competition. grantees and new applicants. We have assessment systems capable of Discussion: The Department agrees extended this competitive preference providing value-added data for all that the local project evaluation priority to the nonprofit organizations teachers at all grade levels. described in the selection criteria of the that (1) had previously received a TIF Discussion: The Department agrees Main TIF competition would add little grant as part of a partnership, and (2) that some high school tests would be or no utility for participants in the apply in partnership with one or more suitable for the national evaluation. national evaluation selected under the new LEAs or States. We do so because However, we also believe that the TIF Evaluation competition and so does we believe that, given the focus of the circumstances under which these tests not believe that applicants selected TIF application requirements on would meet the requirements of the under the TIF Evaluation competition conditions within the implementing national evaluation are too complicated should be required to conduct the local LEA(s), these nonprofit organizations and varied to describe fully in this evaluations they propose in response to will not likely have a competitive notice. The suitability of high school the Quality of Local Evaluation advantage over other applicants. tests would depend upon the selection criteria. However, in the event Changes: We have revised the psychometric properties of the tests and that an applicant is not selected under Additional Eligibility Requirement to the alignment between the subject the TIF Evaluation competition, the allow existing TIF grantees to propose matter taught by individual teachers and applicant’s response to the local expanding their PBCSs to high-need their students. In addition, the evaluation selection criteria will be schools not currently funded by TIF, as Department’s Institute of Education reviewed as part of the Main TIF well as to include new categories of staff Sciences (IES) evaluator would need to competition. For this reason, we are in schools currently funded by TIF. We investigate whether the circumstances adding a Local Evaluation requirement have also added a new competitive in which each high school test is used to the TIF Evaluation requirements. preference priority that would give is consistent with the evaluation design. Changes: We have added a new additional points to those applicants not For example, tracking of courses at the requirement, called the Local Evaluation currently funded by TIF. For this high school level makes such requirement in the TIF Evaluation reason, we extend the availability of comparisons more complicated and less competition requirements. This new these competitive preference points to reliable within the current study design. requirement clarifies that, in order to be these nonprofit organizations as well. Also, because the expected effects of eligible to receive points under the This new competitive preference PBCSs on the issues to be studied are selection criteria of the Main TIF priority is called Competitive Preference lower at higher grade levels, efforts to competition, applications must include Priority 6—New Applicants to the evaluate the effects of PBCSs on a description of its local evaluation, Teacher Incentive Fund recruitment and retention of staff and demonstrated in its response to the Comment: One commenter student achievement at high school selection criterion Quality of Local recommended expanding the TIF grade levels would require the evaluator Evaluation. If an applicant is selected program to include high schools. to add significant numbers of new under the TIF Evaluation competition, Discussion: There is no restriction on schools to the evaluation in order to the local evaluation plan will not be serving high schools under the TIF assess the areas that are the pivotal to reviewed and will not be applicable for program as long as applicants are able the study design. program implementation. to meet all applicable requirements, Therefore, the Department believes it Comment: Several commenters including the use of data on student is neither cost-efficient nor practical to expressed concern about various aspects growth (as defined in this notice) as a include high schools in the national of the TIF Evaluation competition, significant factor in the evaluation of evaluation plan, and therefore has including: The timeline and high teachers, principals, and other school limited the evaluation to the effects of matching requirements that could personnel that applicants may choose to the PBCSs on recruitment and retention prevent many LEAs from applying, include in the PBCS. Issues affecting of staff and student achievement in possible unfairness resulting from the high school participation in the schools with grades 3 through 8. An selection of TIF Evaluation grantees evaluation are discussed in the applicant to the TIF Evaluation before making awards under the Main following section under the sub-heading competition may propose a PBCS that TIF competition, lack of support in the TIF Evaluation Competition. also covers staff who work in high-need statute for additional funding for Changes: None. high schools and, if selected for the Evaluation grantees, and unintended evaluation competition, may use TIF consequences on teacher employment TIF Evaluation Competition funds for PBCSs in those schools. decisions at control schools (e.g., Comment: A few commenters noted However, for reasons we summarize in teachers may leave control schools if that the NPP appears to limit the preceding paragraph, we have they know that they cannot receive participation in the TIF Evaluation determined that an LEA’s high-need performance pay regardless of their

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effectiveness). Finally, one commenter board bonuses in Group 2 schools. public comments, the Department has recommended an independent Under the new hybrid comparison determined that neither proposed validation and peer-review of the IES design, the IES evaluator will select, by comparison design 1 nor proposed evaluation. lottery, one-half of the evaluation comparison design 2 is likely to produce Discussion: The Department schools within an LEA to implement the the high-quality evaluation results that recognizes that the challenge of applicant’s proposed differentiated the law anticipates for the required conducting an evaluation of the TIF effectiveness incentive payment randomized study. Consequently, the program that uses randomized component of the PBCS. The other half final TIF Evaluation competition controlled methodology to the extent of the schools within the LEA requirements reflect a hybrid of these feasible, as required by the statute, has participating in the evaluation will two designs, described elsewhere in this created a variety of concerns among implement a 1 percent across-the-board notice, which will compare the commenters, including the fair annual bonus for teachers and outcomes obtained by PBCSs treatment of applicants for both the principals, without implementing the implementing differentiated Main TIF and TIF Evaluation differentiated effectiveness payment effectiveness incentive payments and competitions, tight timelines and high component. Both sets of schools would PBCSs providing a small (i.e., 1 percent) non-TIF program costs, and the implement all of the non-payment across-the-board bonus to all teachers difficulty of ensuring adequate components of the PBCS. Under this and principals. In particular, this new participation by control schools that, by design, both treatment and control hybrid approach addresses the cost definition, will not be able to offer schools will receive additional TIF concerns raised by the commenters incentive payments to their teachers for funds they may use for bonuses to about the need for LEAs to be able to the duration of the grant period. In attract educators as well as to pay for accurately predict their capacity to response to many of these concerns, and PBCS components. The evaluation will provide across-the-board salary to ensure high-quality evaluation results use a random assignment design increases. consistent with the statute, the consistent with the statute. Changes: None. Department has decided to implement, Furthermore, we have removed the non- Comment: A number of commenters as outlined in this final notice, a hybrid TIF match requirement that would have cited concerns about the proposed TIF of proposed comparison designs 1 and been applicable to proposed comparison Evaluation competition requirements, 2 that would provide a comparison design 2; there is no match requirement including the potential for high payouts between PBCSs implementing for the new hybrid design. (e.g., 15 percent of salary) limiting the differentiated effectiveness incentive Comment: Two commenters requested number of applicants that can afford to payments and PBCSs providing a small clarification regarding IES’s data participate in the TIF Evaluation (i.e., 1 percent) across-the-board bonus collection plans, as well as when program, uncertainty about defining to all teachers and principals. Through collected information would be ‘‘significantly’’ better performance, and the TIF program, the Department will available to grantees. doubts that two months provides pay the full cost of this modest across- Discussion: IES’s current data sufficient advance notice to change the-board bonus in order to make collection plan is designed to provide behavior. participation in the TIF Evaluation rich information about participating Discussion: The Department believes competition more appealing to potential schools and staff, grant implementation, that the potential for highly effective applicants. This approach will permit a and rigorous impact data on educator teachers and principals to receive study design that examines the recruitment, mobility, and student substantially larger incentive rewards is effectiveness of substantial achievement. Data instruments will essential both (1) to producing the differentiated payments on teacher and include grantee surveys and interviews, measurable treatment effects required principal performance while keeping teacher and principal surveys, and for meaningful and reliable evaluation program costs reasonable and providing student administrative records. IES results and (2) to implementing absolute a sufficient incentive for participation expects to provide Evaluation priority 1. Hence, we envision that TIF by control schools. competition grantees with regular and Evaluation grantees and Main TIF The Department does not believe, continuous evaluation results as they grantees will have comparable however, that additional financial become available during and beyond the differentiated incentive payment support for TIF Evaluation grantees is life of the 5-year grant period. amounts. inconsistent with the statutory authority Changes: None. Moreover, certainly not all teachers for the TIF program, because this who are eligible to participate in the additional funding is essential to ensure Evaluation Models PBCS will likely earn the additional the feasibility of the randomized Comment: A few commenters compensation. The issue really is the controlled methodology specifically expressed a preference for comparison amount that, on average, an LEA must required by the statute. Finally, IES, design 1 in the proposed TIF Evaluation set aside for performance-based which will manage the evaluation competition, largely due to the higher compensation per teacher (i.e., higher contract, will be guided by the expertise cost of proposed comparison design 2, incentive payments for the highest- of an external technical working group which would have required across-the- performing teachers and principals will to ensure the integrity and rigor of its board salary increases that could be be offset by lower or no incentive study design, and all IES evaluations are difficult to sustain beyond the grant payments for modestly performing subject to a rigorous external review period. In addition, one commenter teachers and principals), a context that process before the release of any expressed concern about predicting the we believe many if not most LEAs will findings. required level of the across-the-board find manageable. Changes: We have revised the study increases in the control schools before With regard to the meaning of design in this final notice to include a data are available on the actual size of ‘‘significantly better’’ performance, the comparison of the implementation of incentive payments in the treatment Department believes that this definition differentiated effectiveness incentive schools. will vary from one teacher evaluation payments in Group 1 schools with the Discussion: As discussed earlier in system to another, and that it is payment of annual, 1 percent across-the- this notice, upon consideration of the appropriate to allow applicants to

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propose their own locally based criteria could join consortia for purpose of the evaluation are made in the best for determining what constitutes reaching the eight-school requirement. interests of students and staff in ‘‘significantly better.’’ Discussion: The Department agrees participating schools. Finally, while we agree that that larger LEAs are more likely to meet Discussion: The Department believes applicants should work with the IES the proposed minimum number of that the data that will be collected as evaluator to provide as much advance schools requirement, but believes that part of the rigorous, fair, and valid notice as possible of each school’s status this limitation is necessary due to the teacher evaluation systems required of under the TIF Evaluation grant need to conduct a rigorous evaluation TIF grantees will provide an excellent implementation plan, we believe that a with limited resources. Extending the source for investigating the relative minimum of two months notice is evaluation design to better effectiveness of various forms of teacher sufficient for affected teachers and accommodate LEAs with a smaller preparation. However, investigations of principals to learn about the potential number of high-need schools in grades factors affecting the preparation of impact of the proposed PBCS and 3 through 8 will make the evaluation teachers who receive incentive change their teaching practice in prohibitively complicated and payments, while potentially important, response. The Department also notes expensive. For this reason, the study are outside the scope of the TIF that a significant potential benefit of the design emphasizes rigor over Evaluation competition, which is planning period will be to give teachers representativeness. We acknowledge statutorily focused on the impact that and principals considerably more time that although the national evaluation PBCSs have on teacher and principal to learn about a proposed PBCS prior to will not provide representative performance in high-need schools. We its implementation. estimates of the effect of the TIF also note that the Commitment to Changes: None. program on all LEAs in the Nation, it Evaluation requirement of the proposed Comment: Several commenters will provide descriptive information on TIF Evaluation, which is retained expressed concern about (1) the possible all grantees funded under the FY 2010 unchanged in this final notice, requires unintended consequences of the TIF competition. Also, we do agree that letters from LEA superintendents, Evaluation model designs, including the including consortia or intermediary principals, and research offices motivational effects on teachers of units in the Evaluation design would be indicating agreement to comply with all seeing performance-based compensation consistent with the needs of the applicable TIF Evaluation requirements. withheld from them while it is granted evaluation design. Specifically, we In addition, to the extent that applicant to teachers in other high-need schools; believe it is appropriate to permit PBCSs cover teachers of students with (2) the possibility of incentives luring consortia or intermediary units that are disabilities and teachers of gifted and both effective and ineffective teachers to considered LEAs under State law and talented students, the Department treatment schools, where they have a that serve a coordinating function (i.e., expects that these teachers will be chance to earn more money through where data are available from a included in the national TIF evaluation. bonus and incentive payments; and (3) centralized or coordinating entity) to As for protecting the rights and interests the reluctance of teachers to participate participate in the TIF Evaluation of students and other participants in the in a lottery-based selection process that competition. TIF Evaluation program, IES follows would make only some of them eligible Changes: Consortia or intermediary accepted ethical study procedures and for increased compensation. units that are considered LEAs under its study designs and data collections Discussion: The Department agrees State law and serve a coordinating are approved by both the Office of that these are legitimate concerns about function (i.e., data are available from a Management and Budget (OMB) and an the likely feasibility of the proposed centralized or coordinating entity) are independent Institutional Review comparison designs in the proposed TIF now eligible for the TIF Evaluation Board. In addition, the statute Evaluation competition; indeed, similar competition. The minimum number of authorizing IES requires protections concerns led the Department to invite schools required for the overall related to data security and comment on two different proposed consortia or intermediary unit is still confidentiality, which IES follows. Also, study designs. Ultimately, in eight and proposed consortia or IES is guided by the expertise of an considering public comment, the intermediary unit schools must meet external technical working group to Department decided to implement a other requirements (i.e., within the ensure the integrity and rigor of its hybrid evaluation study design, eight, each school is at least paired with study design. Therefore, the Department described elsewhere in this final notice, another school at the same grade level believes that the IES evaluation plan which we believe is the best approach and within the same State). already adequately addresses the to minimizing the concerns raised by Comment: Several commenters commenters’ concerns. the commenters within the context of recommended changes to the IES Changes: None. the TIF statute’s requirement of a evaluation plan. These changes randomized design. included: (1) Gathering data about the Matching Funds Changes: None. preparation of teachers who receive Comment: One commenter Comment: Three commenters incentive payments to help determine recommended that the Department expressed concern that requiring eight the effectiveness of such preparation; (2) allow prior investments in the planning schools with students in grades 3 requiring a letter from each participating and design of a PBCS to count as through 8 would eliminate many small LEA’s superintendent, board, principals, matching funds under new TIF awards. and medium-sized LEAs from and research office indicating agreement Discussion: The primary purpose of consideration for TIF Evaluation to comply with evaluation requiring a matching contribution under awards. These commenters requirements; (3) measuring the impact the TIF program is to encourage grantees recommended that the selected of PBCSs on teachers of students with to commit, over time, the resources they evaluation design should ensure that a disabilities and gifted and talented need to continue making incentive representative sample of schools (small, students; (4) protecting the rights of payments once the period of Federal large, urban, rural, suburban) can meet students and other participants in the funding has ended. Funding or other the final design requirements. One TIF Evaluation; and (5) ensuring that resources expended on planning prior to commenter suggested that smaller LEAs key decisions regarding the conduct of receipt of a TIF grant would not

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promote this purpose. Moreover, the its PBCS also decreases, the Department funds to pay at least a portion of master, Department’s regulations regarding will be able to work with the grantee to mentor, or lead teacher salaries, while matching contributions (34 CFR adjust the level of match so that it another recommended allowing 74.23(a)(4) and 80.24) and cost corresponds to the amount of TIF funds payment of salaries for principal principles issued by the OMB in its needed for compensation payments coaches. Circulars A–21 and A–87 (codified in 2 compared to the amount that had been Discussion: As discussed in the NPP, CFR parts 20 and 225) require that, to budgeted and anticipated. the notice inviting applications (NIA) be allowable, a matching contribution Changes: None. will demonstrate the Department’s commitment to limiting the use of TIF must be something that would be an Compensation Plans allowable cost if paid with Federal grant funding awarded in the Main TIF funds. A grantee’s prior investment in Comment: Three commenters stated competition to paying the salary of only other services or activities is not such a that there is no research to support one master, mentor, lead teacher, or cost. For these reasons, the Department paying bonuses to individual teachers academic coach per school. Paying for declines to permit such prior who increase student test scores and more than one such salary per school investments to count toward the urged the Department to revise the final could significantly reduce the resources required non-TIF match. notice to encourage school-wide available for the performance-based Changes: None. incentive systems. On the other hand, incentives and rewards that are by law Comment: One commenter requested one commenter objected to mixed-group the primary focus of the TIF program. flexibility, in recognition of the current compensation, largely for the reason That said, grantees may use TIF funds State and local budget climate, to allow cited in the NPP—that the incentive for for bonuses paid to such staff if the staff a greater contribution from TIF grant individuals to perform better potentially assume additional responsibilities funds toward incentive payments in the is weakened if their compensation under the PBCS. TIF Evaluation initial award years. Another commenter depends on the performance of others. grantees, on the other hand, will receive noted that the percentage of an Discussion: The NPP proposed to at least $1 million in additional funding applicant’s budget used for incentives allow, and not require, a grantee to use over their five-year grant period that may not increase in a linear fashion due individual, group, or mixed-group they can use to pay other TIF-related to such factors as uneven assessment incentives in its PBCS, and the costs, and these funds may be used to results and local budget issues such as Department sees no reason to prohibit pay the salaries of multiple master declining enrollments and school any of these approaches, as each may teachers, mentors, lead teachers or closures. This commenter recommended have benefits and advantages depending academic coaches in participating that the final notice include instead the on local circumstances. Moreover, schools. expectation for ‘‘an upward trend’’ in permitting a variety of incentive models Changes: None. both student achievement growth and will encourage greater innovation and Comment: One commenter requested the percentage of the applicant’s budget provide data to help determine which that the Department clarify that used for incentive payments. models work best and under what incentives for taking on additional Discussion: The NPP specifically circumstances. responsibilities and leadership roles proposed allowing grantees to begin Changes: None. could include financial incentives, such with a small contribution in the early Comment: One commenter as salary increases and bonus payments. years of a TIF project, stating in the recommended that the final notice Discussion: The Application Background section that while there is permit an applicant to focus its PBCS on Requirements require each applicant to no required minimum percentage local certain subjects or grade levels (or both) describe in its application how its contribution, the Department ‘‘would because, the commenter claimed, proposed PBCS will provide educators expect that as an LEA’s PBCS becomes focusing on high-need subject areas with incentives to take on additional institutionalized, the percentage of its could have greater impact than systems responsibilities and leadership roles (as budget that is used for incentive targeting other subjects. Another defined in this notice). This language payments would increase throughout commenter asked whether an LEA could encompasses both financial and non- the five-year grant period.’’ In addition, focus a PBCS on particular staff or financial incentives. priority 2 requires an applicant to schools (e.g., new teachers or Changes: None. provide, in its application, evidence that elementary schools). Comment: One commenter asserted the applicant will provide, from non- Discussion: Applicants have that LEA-wide PBCSs are essential to TIF funds over the course of the five- flexibility under the final priorities, obtain the ‘‘complete buy-in’’ from both year project period, an increasing share requirements, definitions, and selection local unions and school boards of performance-based compensation criteria to design their PBCSs to reflect necessary for successful outcomes; this paid to teachers and principals in those and meet local needs, including the commenter recommended that the final project years in which the LEA provides selection of subjects and grade levels notice allow use of TIF funds to support such payments as part of its PBCS. that will be included in the PBCSs. For a PBCS for an entire LEA, not just With regard to the concern that the example, an applicant with growth (as specific schools within an LEA. In such need for an increasing annual match defined in this notice) or value-added cases, the commenter added, the PBCS may not materialize if actual need for data for certain subjects and grades could support teacher quality and compensation payments decreases from would be permitted to develop a PBCS improved student achievement broadly one year to another, we note that the covering only teachers and principals across an LEA while providing specific costs of implementing a PBCS involve responsible for those subjects and incentives for hard-to-staff schools and more than the performance-based grades. An applicant also could choose high-need students. compensation payments themselves. to include only certain high-need Discussion: While the Department Beyond this, should the level of a schools, such as elementary schools, in does not dispute the potential grantee’s contribution to supplemental its PBCS. advantages of LEA-wide PBCSs, the staff compensation costs decrease from Changes: None. statutory authority for the TIF program year to year because an LEA’s overall Comment: One commenter urged that does not allow TIF funds to be used for level of compensation payments under the final notice allow the use of TIF incentive payments in such broad-based

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systems. Instead, TIF funds may be used ‘‘high enough to create change in the Discussion: The recommended factors only for incentives and rewards behavior of current and prospective described by the commenters are provided to teachers, principals, and teachers and principals.’’ permitted as supplemental multiple other school personnel who work in Changes: None. measures that may be used when high-need schools (as defined in this Comment: Several commenters evaluating teacher and principal notice) within an LEA. TIF funds also recommended providing additional effectiveness under paragraph (c) of may be used more generally to help flexibility with respect to the types and Priority 1. However, because such develop and implement the tools and amounts of incentives used in an LEA’s evaluations must give significant weight systems required for a LEA-wide PBCS; PBCS. In particular, the commenters to student growth (as defined in this however, incentive payments to highlighted the importance of non- notice), these factors alone could not be teachers, principals, and other school financial incentives such as professional the only measures used for personnel who work in non-high-need development, time for collaboration and compensating a teacher or principal schools (as defined in this notice) must leadership opportunities, uncertainty under the proposed PBCS. be paid for with non-TIF funds. about the precise level of financial Changes: None. Changes: None. incentive needed to change educator Definition of High-Need School Comment: One commenter suggested behavior and performance, and local Comment: Two commenters agreed that meeting TIF program requirements market needs and requirements. with the definition of high-need school could be difficult for resource-poor Discussion: An applicant has proposed in the NPP, which defines high-need schools and might have a flexibility to design its PBCS so that such a school as a school with 50 negative impact on other reform efforts. financial incentives and rewards are Discussion: The Department percent or more of its enrollment from provided in combination with other recognizes that meeting all the low-income families, based on incentives and support. In particular, as requirements of the TIF program, as eligibility for free or reduced-price proposed in the NPP and finalized in proposed in the NPP and described in lunch subsidies under the Richard B. this notice, the TIF program not only this final notice, may be challenging for Russell National School Lunch Act, or encourages, but also requires, high- many high-need schools (as defined in other poverty measures that LEAs use. quality professional development that is this notice). However, while TIF funds However, several other commenters linked to the specific measures of are specifically intended to help high- recommended that the definition be teacher and principal effectiveness need schools overcome such challenges, changed to reflect the 40-percent included in the PBCS, as well as the Department believes that the poverty threshold used for schoolwide opportunities to take on additional development and implementation of an program eligibility under title I, part A responsibilities and leadership roles (as appropriate PBCS necessitates the of the ESEA. Other commenters also defined in this notice). requirements proposed in the NPP and recommended that the definition be retained in this final notice. Changes: None. structured to consider academic need, Changes: None. Comment: One commenter urged the and not just poverty status, to determine Department to consider allowing TIF the eligibility of schools to participate in Incentives grantees to pay incentives only after TIF-funded projects. For example, one Comment: Two commenters asked for positive student outcomes are obtained. commenter suggested that schools and clarification regarding the size of Discussion: The priorities and LEAs in ESEA improvement status incentive payments required by the TIF requirements proposed in the NPP and should be eligible for participation program; in particular, the commenters announced in this final notice require under the TIF program, regardless of wanted to know if there is any research grantees to develop and implement poverty status. One commenter suggesting an appropriate incentive PBCSs that pay incentives based on recommended using the persistently amount, or if the overall average of 5 improved student learning. Under lowest-achieving schools definition percent of teacher salaries suggested in paragraph (a) of priority 1, the PBCS from the SIG program. Two commenters the TIF Evaluation requirements was the must give significant weight to student urged the Department to change the minimum required amount. growth (as defined in this notice) in definition so that high-need status is Discussion: The Department is not determining and rewarding teacher and based only on academic factors. Finally, aware of any definitive research principal effectiveness. However, other other commenters recommended regarding the optimal size of incentive important goals of the TIF program, defining need for the purposes of the payments for an effective PBCS and such as encouraging effective teachers TIF program at the LEA level rather than believes that a wide range of such and principals to work in the most at the school level, as well as giving payment amounts may be effective, challenging schools and recruiting and LEAs flexibility to determine need, depending on local circumstances and retaining teachers for hard-to-staff particularly in cases where a school may market conditions. The figure of 5 subjects and specialty areas, may miss the poverty threshold by one or percent of the average teacher salary require incentive payments independent two percentage points. was provided only as an example; of improved student outcomes, because Discussion: The Department gave perhaps more important was the the positive outcome desired is careful consideration to the alternative suggestion that creating meaningful improved recruitment and retention of definitions of high-need school differences in performance could effective teachers and principals. recommended by commenters, but require that the top-performing teachers Changes: None. ultimately decided to retain the and principals receive 3 times this Comment: Two commenters definition of high-need school that was average amount, or 15 percent of a recommended allowing incentive pay proposed in the NPP. In Title I, Part A salary. In any case, this final notice, like and other additional compensation for of the Elementary and Secondary the NPP, makes clear in priority 1 that teachers who obtain further education, Education Act of 1965, as amended, the Department is not requiring a professional development, national Congress authorized the lower 40- minimum incentive amount, but expects certification, or who work in percent schoolwide program threshold applicants to clearly explain why the challenging schools, or serve as mentors in order to expand flexibility for schools amounts they choose for their PBCSs are or on school improvement committees. to participate in Title I schoolwide

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programs. However, the purpose of our comparable across schools is essential if Changes: None. definition of a high-need school in the student achievement data based on such Selection Criteria NPP is to focus the limited funding that measures are to be part of a fair, valid, Congress has appropriated for TIF on and reliable teacher evaluation system. Comment: One commenter assisting schools that serve the neediest Using non-comparable achievement recommended adding a new selection communities. We are very concerned data could result in unfair teacher criterion related to sustainability, to that lowering the poverty threshold for ratings. encourage and reward the creation of this program from 50 to 40 percent Changes: None. LEA consortia that support PBCS sustainability. Another commenter eligibility for free-and reduced-price Definition of Student Growth lunch subsidies, as some commenters suggested that an applicant’s previous desire, will dilute the program’s Comment: One commenter argued progress and achievements in emphasis on helping such schools use that applicants for the TIF program developing or implementing a PBCS PBCSs as one means to help increase should be able to use ‘‘status’’ measures should be taken into account in scoring student academic achievement. of student achievement to evaluate applications. Moreover, the available data shows that teacher effectiveness if the LEAs in Discussion: The Department believes even at the 50-percent poverty which the PBCS is to be implemented that the sustainability goal threshold, a regrettably large number of are in States that do not currently have recommended by the commenter is LEAs and States, in all parts of the assessment systems capable of amply supported by priorities 2 and 3, Nation and in both urban and rural measuring student growth (as defined in related to financial sustainability and areas, will be able to identify enough this notice). comprehensive approaches needed for high-need schools to support Discussion: Student achievement PBCSs, and that adding an additional participation in the TIF program. alone, as measured, for example, on the sustainability requirement to the Incorporating academic measures would annual assessments required by the selection criteria is unnecessary. We dilute this focus on high-poverty ESEA, is not sufficient for measuring the also believe that, in general, applicants schools, as many schools identified for change in individual student that have started or completed various improvement under the ESEA are low- achievement over time, which is an elements of a PBCS will likely be in a poverty schools. Also, schools may be essential element of the teacher position to submit stronger applications identified for ESEA improvement due to evaluation systems required by the TIF than applicants that have not, and that the performance of one or two relatively program. For this reason, all TIF therefore there is no need to give small subgroups of students, rather than applicants must be able to measure additional weight or priority to these the broader weaknesses in student individual student growth (as defined in ‘‘early adopters.’’ achievement more commonly associated this notice), and may not use the Changes: None. with our neediest schools. Finally, ‘‘snapshot’’ of student achievement Comment: None. defining need at the LEA level would be provided by ESEA assessments as a Discussion: In reviewing the proposed inconsistent with the statutory authority substitute for measuring growth (as selection criteria, the Department for the TIF program, which clearly defined in this notice). determined that in order to address requires that the need for TIF program Changes: None. criterion (b)(i), applicants would have to explain how the effectiveness of funds be measured at the school and not Definition of Additional teachers, principals, and other the LEA level. Responsibilities and Leadership Roles Changes: None. personnel (in those sites in which the Comment: One commenter stated that grantee wishes to expand the PBCS to Definition of Student Achievement the proposed definition of additional additional staff in its schools) would be Comment: One commenter suggested responsibilities and leadership roles in determined. However, the notice of adding industry-recognized certificates the NPP is too prescriptive. Another proposed priorities did not specifically and college credit to the alternative commenter recommended that the provide for applicants to submit this measures of student learning in the Department change this definition so information. In order to ensure that peer definition of student achievement. that it is targeted specifically at reviewers may review this key Discussion: Paragraph (b) of the improving teacher capacity and is information, the Department has definition of student achievement linked to increasing student decided to request it as part of the permits the use of alternative measures achievement, rather than student- selection criteria. of student learning, which could focused activities, such as tutoring or Changes: The Department has added include those suggested by the mentoring individual students. sub-criterion (b)(1)(iii) to the selection commenter, provided that they are Discussion: The Department believes criterion that asks applicants to provide rigorous and comparable across schools. that the definition of additional a clear explanation of how teachers, Therefore, we do not believe that a responsibilities and leadership roles is principals, and other personnel (in change to the definition is necessary. sufficiently broad to provide applicants those sites in which the grantee wishes Changes: None. with flexibility to define which duties to expand the PBCS to additional staff Comment: One commenter urged the and roles satisfy the definition. in its schools) are determined to be Department to delete from the definition Moreover, as we acknowledged in the ‘‘effective’’ for the purposes of the of student achievement the requirement NPP, the list of additional proposed PBCS. that alternative measures of student responsibilities and leadership Comment: None. learning must be ‘‘rigorous and opportunities in the definition is not Discussion: In reviewing the proposed comparable across schools,’’ because the intended to be exhaustive, and we selection criteria, the Department has requirement effectively limits other encourage applicants to develop determined that it is necessary to measures to assessment results. opportunities for additional change (b)(1)(ii) to request an Discussion: The Department declines responsibilities and leadership roles (as applicant’s proposed methodology for to make the requested change because defined in this notice) for their teachers, determining the effectiveness of ensuring that alternative measures of principals, and, at the applicant’s teachers, principals, and other student learning are rigorous and discretion, other school personnel. personnel (in those sites in which the

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grantee wishes to expand the PBCS to year in which this program is in effect. Priority 2 (Absolute)—Fiscal additional staff in its schools) using All of the priorities are applicable under Sustainability of the Performance-Based measures of student growth (as defined both the Main TIF competition and the Compensation System (PBCS) in this notice) instead of student TIF Evaluation competition. To meet this absolute priority, the achievement (as defined in this notice). Absolute Priorities applicant must provide, in its The Department would like to be application, evidence that: consistent in promoting student growth Priority 1 (Absolute)—Differentiated (a) The applicant has projected costs (as defined in this notice) as a Levels of Compensation for Effective associated with the development and significant component of an applicant’s Teachers and Principals implementation of the PBCS, during the measure of effectiveness, as noted project period and beyond, and has throughout the notice as well as in To meet this absolute priority, an accepted the responsibility to provide selection criterion (b)(1). Given this applicant must demonstrate, in its such performance-based compensation change, under selection criterion application, that it will develop and to teachers, principals, and other (b)(1)(ii), the Department has also implement a PBCS that rewards, at personnel (in those sites in which the removed the reference to norm- and differentiated levels, teachers and grantee wishes to expand the PBCS to criterion-referenced statewide principals who demonstrate their additional staff in its schools) who earn assessment scores as valid and reliable effectiveness by improving student it under the system; and measures of student growth. This achievement (as defined in this notice) (b) The applicant will provide from reference is redundant with the as part of the coherent and integrated non-TIF funds over the course of the definition of student growth (as defined approach of the local educational five-year project period an increasing in this notice), which references student agency (LEA) to strengthening the share of performance-based achievement as a student’s score on the educator workforce. In determining compensation paid to teachers, State’s assessments under the ESEA. teacher and principal effectiveness as principals, and other personnel (in Changes: Under selection criterion part of the PBCS, the LEA— those sites in which the grantee wishes (b)(1)(ii), the term student achievement (a) Must give significant weight to to expand the PBCS to additional staff (as defined in this notice) has been in its schools) in those project years in replaced with student growth (as student growth (as defined in this notice), based on objective data on which the LEA provides such payments defined in this notice) and the statement as part of its PBCS. regarding norm- and criterion- student performance; referenced statewide assessment scores (b) Must include observation-based Priority 3 (Absolute)—Comprehensive has been removed. assessments of teacher and principal Approaches to the Performance-Based performance at multiple points in the Compensation System (PBCS) Final Priorities year, carried out by evaluators trained in To meet this absolute priority, the Types of Priorities using objective evidence-based rubrics applicant must provide, in its When inviting applications for a for observation, aligned with application, evidence that the proposed competition using one or more professional teaching standards; and, if PBCS is aligned with a coherent and priorities, we designate the type of each applicable, as part of the LEA’s coherent integrated strategy for strengthening the priority as absolute, competitive and integrated approach to educator workforce, including in the use preference, or invitational through a strengthening the educator workforce; of data and evaluations for professional notice in the Federal Register. The and development and retention and tenure effect of each type of priority follows: (c) May include other measures, such decisions in the LEA or LEAs Absolute priority: Under an absolute as evidence of leadership roles (as participating in the project during and priority, we consider only applications defined in this notice), that increase the after the end of the TIF project period. that meet the priority (34 CFR effectiveness of other teachers in the Competitive Preference Priorities 75.105(c)(3)). school or LEA. (Priorities 4 through 6) Priority 4 Competitive preference priority: In determining principal effectiveness (Competitive Preference)—Use of Value- Under a competitive preference priority, as part of a PBCS, the LEA must give Added Measures of Student we give competitive preference to an significant weight to student growth (as Achievement application by (1) awarding additional defined in this notice) and may include To meet this competitive preference points, depending on the extent to supplemental measures such as high priority, the applicant must which the application meets the priority school graduation and college demonstrate, in its application, that the (34 CFR 75.105(c)(2)(i)); or (2) selecting enrollment rates. an application that meets the priority proposed PBCS for teachers, principals, over an application of comparable merit In addition, the applicant must and other personnel (in those sites in that does not meet the priority (34 CFR demonstrate that the differentiated which the grantee wishes to expand the 75.105(c)(2)(ii)). effectiveness incentive payments will PBCS to additional staff in its schools) Invitational priority: Under an provide incentive amounts that are will use a value-added measure of the invitational priority, we are particularly substantial and provide justification for impact on student growth (as defined in interested in applications that meet the the level of incentive amounts chosen. this notice) as a significant factor in priority. However, we do not give an While the Department does not propose calculating differentiated levels of application that meets the priority a a minimum incentive amount, the compensation provided to teachers, preference over other applications (34 Department encourages applicants to be principals, and other personnel (in CFR 75.105(c)(1)). thorough in their explanation of why those sites in which the grantee wishes the selected incentive amounts are to expand the PBCS to additional staff Final Priorities likely high enough to create change in in its schools). The Secretary establishes the the behavior of current and prospective Under this priority, the applicant following priorities for the TIF program. teachers and principals in order to must also demonstrate that it has a plan We may apply these priorities in any ultimately improve student outcomes. to ensure that, as part of the PBCS, it has

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the capacity to (1) implement the under the current grant. Rather, a the purpose of collective bargaining) proposed value-added model (e.g., nonprofit organization that is a current that is needed to carry out the grant; through robust data systems that collect TIF grantee may only use new TIF funds (c) Rigorous, transparent, and fair the necessary data and ensure data for the costs of implementing the PBCS evaluation systems for teachers and quality), and (2) clearly explain the in high-need schools (as defined in this principals that differentiate chosen value-added model to teachers notice) that have not previously effectiveness using multiple rating to enable them to use the data generated received TIF funds. categories that take into account student through the model to improve classroom growth (as defined in this notice) as a practices. Final Main TIF Competition significant factor, as well as classroom Requirements observations conducted at least twice Priority 5 (Competitive Preference)— The Secretary establishes the Increased Recruitment and Retention of during the school year. The evaluation following requirements for the Main TIF process must: (1) Use an objective, Effective Teachers to Serve High-Need competition. We may apply these Students and in Hard-to-Staff Subjects evidence-based rubric aligned with requirements in any year in which this and Specialty Areas in High-Need professional teaching or leadership program is in effect. Schools standards and the LEA’s coherent and Selection of Competition. An integrated approach to strengthening the To meet this competitive preference applicant may submit an application for educator workforce; (2) provide for priority, the applicant must demonstrate either the Main TIF competition or the observations of each teacher or principal in its application that its proposed PBCS TIF Evaluation competition. Each at least twice during the school year by is designed to assist high-need schools applicant must identify in its individuals (who may include peer (as defined in this notice) to (1) serve application the competition for which it reviewers) who are provided specialized high-need students (as defined in this is applying. Decisions regarding awards training; (3) incorporate the collection notice), (2) retain effective teachers in for the TIF Evaluation program will be and evaluation of additional forms of teaching positions in hard-to-staff made prior to doing so for the Main TIF evidence; and (4) ensure a high degree subjects and specialty areas, such as competition, so that applicants not of inter-rater reliability (i.e., agreement mathematics, science, special education, funded in the TIF Evaluation among two or more raters who score and English language acquisition, and competition will still be eligible for approximately the same); (3) fill vacancies with teachers of those funding under the Main TIF (d) A data-management system 1 that subjects or specialty areas who are competition. can link student achievement (as effective or likely to be effective. The Application Requirement. Each defined in this notice) data to teacher applicant must provide an explanation applicant must describe in its and principal payroll and human for how it will determine that a teacher application how its proposed PBCS will resources systems; and filling a vacancy is effective or likely to provide educators with incentives to (e) A plan for ensuring that teachers be effective. In addition, applicants take on additional responsibilities and and principals understand the specific must demonstrate, in their applications, leadership roles (as defined in this measures of teacher and principal the extent to which the subjects or notice). effectiveness included in the PBCS, and specialty areas they propose to target are Core Elements of a PBCS and a receive professional development that hard-to-staff. Lastly, applicants must Potential Planning Period. Each enables them to use data generated by demonstrate, in their applications, that applicant must either— these measures to improve their they will implement a process for (a) Demonstrate in its application that practice. effectively communicating to teachers it has in place the five core elements Planning Period Requirements. Each which of the LEA’s schools are high- that follow; or grantee that implements a planning need and which subjects and specialty (b) If the applicant cannot period to develop the core element or areas are considered hard-to-staff. demonstrate in its application that it has elements it lacks, is— Priority 6 (Competitive Preference)— in place each of the five core elements— (a) Required to demonstrate in its New Applicants to the Teacher (1) Agree, as part of its application, to annual performance report or other Incentive Fund implement a planning period of up to interim performance report that it has one year, during which it will use its implemented any of the five core To meet this competitive preference TIF funds to develop the core element elements it had lacked at the start of the priority, an applicant must be a new or elements it lacks; and project; and applicant to the TIF program. For the (2) Include, in its application, a plan (b) Prohibited from using TIF program purposes of this priority, a new for how it will implement the core funds to provide incentive payments to applicant is (1) an eligible entity that element or elements it lacks during the teachers, principals, and other has not previously been awarded a grant planning period. personnel (in those sites in which the under the TIF program, or (2) a Core Elements. grantee wishes to expand the PBCS to nonprofit organization that previously (a) A plan for effectively additional staff in its schools) until it received funding through TIF, as part of communicating to teachers, has implemented a PBCS that, to the a partnership with one or more LEAs or administrators, other school personnel, Secretary’s satisfaction, has all five core SEAs, but that is applying to work with and the community at-large the elements. a different group of eligible LEAs or components of its PBCS; Professional Development. Each (b) The involvement and support of SEAs than it worked with under any applicant must demonstrate, in its previous TIF grant. Under this teachers, principals, and other competitive preference priority, a personnel (including input from 1 Successful applicants that receive Teacher current nonprofit grantee may not teachers, principals, and other Incentive Fund program grant awards must ensure propose to use new TIF funds to personnel in the schools and LEAs to be that the program’s PBCS, including the necessary compensate for any activities related to served by the grant) and the data systems, complies with the Family Educational Rights and Privacy Act (FERPA), including the the development and implementation of involvement and support of unions in regulations in 34 CFR Part 99, as well as any its PBCS in LEAs and high-need schools participating LEAs (where they are the applicable State and local requirements regarding (as defined in this notice) already served designated exclusive representatives for privacy.

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application, that its proposed PBCS will reduced-price lunch subsidies under the application, a proposed budget that include a high-quality professional Richard B. Russell National School indicates how it plans to use the development component for teachers Lunch Act, or other poverty measures additional funds the Department would and principals consistent with the that the LEA uses (see section 1113(a)(5) award. While these additional funds definition of the term professional of the ESEA (20 U.S.C. 6313(a)(5))). Data must be used for TIF-related activities, development in section 9101(34) of the provided to demonstrate eligibility as a examples of acceptable expenses ESEA. high-need school (as defined in this include the costs of: The applicant must demonstrate that notice) must be school-level data; the (1) Academic coaches such as its PBCS has a professional Department will not accept LEA- or mathematics and reading coaches, and development component in place, or a State-level data for purposes of Master, Mentor, or Lead Teacher salaries specific plan for developing one, that is documenting whether a school is a high- beyond those the Department will directly linked to the specific measures need school (as defined in this notice). otherwise fund under the Main TIF of teacher and principal effectiveness Additional Eligibility Requirement. competition (the Department approves included in the PBCS. The professional Each applicant that currently expenses related to one salary, per development component of the PBCS participates in a TIF project must position, per high-need school (as must— confirm in its application either that— defined in this notice) within the project (1) Be based on needs assessed either (a) Its proposed PBCS would be scope); at the high-need schools (as defined in available to educators in high-need (2) Activities such as expenses related this notice) participating in the schools (as defined in this notice) in to release time for teachers to attend applicant’s proposed PBCS or LEA- which the LEA does not currently make professional development beyond those wide; a TIF-supported PBCS available; or the Department will otherwise fund (2) Be targeted to individual teachers’ (b) If the applicant’s current TIF under the Main competition (the and principals’ needs as identified in project serves only principals or only Department does not allow for an the evaluation process; teachers, its proposed project would add unreasonable amount of substitute (3) Provide— teachers or principals, respectively, who teacher salaries to compensate for this (a) Those teachers and principals in work in high-need schools (as defined release time); participating TIF schools who do not in this notice) and who are not eligible (3) Support for the PBCS that would receive differentiated compensation for performance-based compensation otherwise need to be paid with non-TIF based on effectiveness under the PBCS under the applicant’s current TIF funds in order to implement the with the tools and skills they need to project’s PBCS. applicant’s plan for fiscal sustainability improve their effectiveness in the If awarded a grant, the grantee must under absolute priority 2; and classroom or school and be able to raise maintain its PBCS for teachers and (4) Costs associated with participating student achievement (as defined in this principals in high-need schools (as in the national evaluation, such as notice); and defined in this notice) for the duration preparing administrative student (b) Those teachers and principals who of the new TIF project period. An records for use by the national are deemed to be effective and who, applicant may also propose to have evaluator. therefore, receive differentiated other personnel (in those sites in which Incentive Amounts. Consistent with compensation under the PBCS, with the the grantee wishes to expand the PBCS absolute priority 1, an applicant for the tools and skills they need to (1) to additional staff in its schools) who TIF Evaluation competition must continue effective practices in the work in high-need schools (as defined demonstrate, in its application, that it classroom or school and raise student in this notice) benefit from the PBCS. will implement a PBCS that uses— achievement (as defined in this notice), (1) Incentive payments to principals and (2) successfully assume additional Final TIF Evaluation Competition Requirements based on differentiated levels of responsibilities and leadership roles (as effectiveness in which— In addition to the requirements and defined in this notice); (a) The average principal payout (4) Support teachers and principals to priorities for the Main TIF competition, (defined as the total amount of principal better understand and use the measures which applicants for the TIF Evaluation payments divided by the total number of effectiveness in the PBCS to improve competition are also required to meet, of principals in the schools participating practice and student achievement (as the Secretary includes the following in the differentiated effectiveness defined in this notice); and requirements for the TIF Evaluation incentive payment component of the (5) Include a process for regularly competition only: assessing the effectiveness of this Budget Information. In exchange for PBCS) is substantial (e.g., 5 percent of professional development in improving its agreement to participate in the the average principal salary); teacher and leadership practice to national TIF Evaluation, a successful (b) The criteria for determining increase student achievement (as applicant for the TIF Evaluation whether a principal is eligible for defined in this notice) and making competition will receive a minimum of payment are challenging (e.g., payments modifications necessary to improve its $1 million of additional funding over are made to only those who perform effectiveness. the 5-year grant period (above the significantly better than the current High-Need Schools Documentation. average performance among study amount of funding awarded to it to 2 Each applicant must demonstrate, in its implement the PBCS proposed in its schools within the LEA) and application, that the schools to be application) for the four pairs of schools (c) There is an expectation of served by the proposed PBCS are high- selected to participate in the evaluation. meaningful differences in resulting need schools (as defined in this notice). For each additional pair of schools principal pay (e.g., at least some Each applicant must provide, in its participating in the evaluation, a principals could reasonably expect to application, a list of schools in which successful applicant will receive an receive an incentive payment of three the proposed PBCS will be implemented additional $250,000, up to a maximum 2 For the purposes of the TIF Evaluation as well as the most current data on the total additional award of $2 million. competition, an ‘‘LEA’’ includes consortia and percentage of each identified school’s An applicant for the TIF Evaluation intermediary units, so long as they are considered students who are eligible for free or competition must provide, in its an LEA under State law.

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times the average principal payout, and average teacher payout and the teachers, principals, and other the applicant’s documentation of cost applicant’s documentation of cost personnel (in those sites in which the projections is consistent with this projections is consistent with this grantee wishes to expand the PBCS to expectation); and expectation). additional staff in its schools). The (2) Incentive payments to teachers Implementation of Evaluation. Each applicant must identify, in its based on differentiated levels of applicant under the TIF Evaluation application, the schools that are effectiveness in which— competition must agree, in its proposed for participation in the (a) The average teacher payout application, to implement its evaluation. (defined as the total amount of teacher differentiated effectiveness incentive In participating LEAs that have the payments divided by the total number component of the PBCS and a 1 percent five core elements in place at the time of teachers in the schools participating across-the-board annual bonus in at of the initial grant award, the first group in the differentiated effectiveness least one LEA in accordance with the of schools in that LEA (Group 1 schools) incentive payment component of the implementation plan developed by the must begin implementation of all PBCS) is substantial (e.g., 5 percent of Institute of Education Sciences (IES) components of the PBCS at the the average teacher salary); evaluator, Mathematica Policy Research beginning of the 2010–2011 school year. (b) The criteria for determining (http://www.mathematica-mpr.com/ In a participating LEA that does not yet whether a teacher is eligible for education/tifgrantee.asp). Specifically, have in place the five core elements payment are challenging (e.g., payments the IES evaluator will select by lottery necessary to implement a successful are made only to those who perform one-half of the evaluation schools PBCS at the time of award, the first significantly better than the current within the LEA (i.e., ‘‘Group 1’’) to group of schools in that LEA (Group 1 average performance among study implement the applicant’s proposed schools) must begin implementation of schools within the LEA); and differentiated effectiveness incentive all components of the PBCS no later (c) There is an expectation of payment component of the PBCS. The than the 2011–2012 school year. meaningful differences in resulting other half of the schools within the LEA The following table illustrates the TIF teacher pay (e.g., at least some teachers (i.e., ‘‘Group 2’’) participating in the Evaluation random assignment plan, could reasonably expect to receive an evaluation will implement a 1 percent depending on the amount of planning incentive payment of three times the across-the-board annual bonus for time an applicant needs:

Random assignment a Pay component of PBCS b

LEAs Ready for 2010–11 Implementation ...... Group 1 ...... Differentiated pay implemented starting in 2010–11. Group 2 ...... Across-the-board annual 1 percent bonus implemented starting in 2010–11 through 2014–15. LEAs Ready for 2011–12 Implementation ...... Group 1 ...... Differentiated pay implemented starting in 2011–12. Group 2 ...... Across-the-board annual 1 percent bonus implemented starting in 2011–12 through 2014–15. a For each LEA, the IES evaluator will randomly assign the schools participating in the Evaluation into 2 groups (Groups 1 and 2). b The school year listed is the first year in which the differentiated effectiveness incentive component of the PBCS will be implemented in the LEA’s schools participating in the designated group.

Commitment to Evaluation. An the IES evaluator to notify all eligible development activities) in all of the applicant for the TIF Evaluation schools participating in the TIF LEA’s participating schools (those in competition must demonstrate, in its Evaluation at least two months prior to Groups 1 and 2) starting at the same application, that each participating LEA the assigned Group 1 implementation time as the differentiated effectiveness and school is willing to participate in schedule. The Department will waive incentive component of its PBCS is the TIF Evaluation. Documentation this advance notice for any applicants implemented in the Group 1 schools. demonstrating this commitment must that are eligible to implement their The schools in Group 2 must not include, for each participating LEA— PBCS in 2010–11 (i.e., meet the five core implement the differentiated (1) A letter from the LEA requirements) so long as the program is effectiveness incentive component of its superintendent and the principals of the implemented according to the PBCS for the duration of the TIF grant. participating schools stating that those evaluator’s assigned group status (Note: Scope of Schools. An applicant for the officials agree to meet the TIF The evaluator will be ready to assign TIF Evaluation competition must Evaluation competition requirements, group status immediately upon grant demonstrate, in its application, that it including adhering to the award, or if the applicant prefers, the will implement a PBCS in eight or more implementation plan of the IES applicant can discuss with Mathematica high-need schools (as defined in this evaluator, which involves selection prior to grant award how to comply notice) in an LEA that has students in through a lottery of those schools to with the evaluation requirements by tested subjects or grades (i.e., students implement the differentiated contacting Mathematica at http:// in grades three through eight). At least effectiveness component among the www.mathematica-mpr.com/education/ two of the schools proposed to schools participating in the evaluation. tifgrantee.asp). participate in the TIF Evaluation must (2) A letter from the research office or Implementation of All Non- be from within the same grade research board of the participating LEA differentiated Effectiveness Incentive configuration (i.e., if elementary schools that expresses an agreement to comply Components. Each applicant must agree, are proposed there are at least two with the TIF Evaluation requirements (if in its application, to implement the non- elementary schools among the the LEA requires such research office differentiated effectiveness incentive minimum of eight schools all within the approval). components of its PBCS (e.g., bonuses same LEA; if middle schools are Advance Notice. Each applicant must for leadership or additional proposed there are at least two middle agree, in its application, to work with responsibilities and professional schools among the minimum of eight

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schools all within the same LEA). (1) A student’s score on the State’s inviting applications, we will announce Applicants that include multiple LEAs assessments under the ESEA; and the maximum possible points assigned must meet the scope of schools (2) As appropriate, other measures of to each criterion. requirement in at least one LEA. In student learning, such as those (a) Need for the project. In addition, no LEA will have more than described in paragraph (b) of this determining the need for the proposed 16 high-need schools (as defined in this definition, provided that they are project, the Secretary will consider the notice) selected for the TIF Evaluation. rigorous and comparable across schools; extent to which the applicant An applicant that is a consortium of and establishes that— small LEAs or an intermediary unit that (b) For non-tested grades and subjects, (1) The high-need schools (as defined is considered an LEA under State law alternative measures of student learning in this notice) whose educators would does not have to have eight eligible and performance, such as student scores be part of the PBCS have difficulty— schools in a participating LEA provided on pre-tests and end-of-course tests; (i) Recruiting highly qualified or that the consortium or intermediary unit student performance on English effective teachers, particularly in hard- serves a coordinating function (i.e., data language proficiency assessments; and to-staff subjects or specialty areas, such are available from a centralized or other measures of student achievement as mathematics, science, English coordinating entity). In this case, the that are rigorous and comparable across language acquisition, and special minimum number of schools required schools. education; and for the consortium or intermediary unit Student growth means the change in (ii) Retaining highly qualified or is still eight, and within the eight, each student achievement (as defined in this effective teachers and principals. school is at least paired with another notice) for an individual student (2) Student achievement (as defined school at the same grade level and between two or more points in time. A in this notice) in each of the schools within the same State. The Department State or LEA may also include other whose educators would be part of the will use the number of eligible schools, measures that are rigorous and PBCS is lower than in what the up to 16 per LEA, that a successful comparable across schools. applicant determines are comparable applicant makes available for the TIF High-need students means students at schools in the LEA, or another LEA in Evaluation. risk of educational failure or otherwise its State, in terms of key factors such as Local Evaluation. In order to be in need of special assistance and size, grade levels, and poverty levels; eligible to receive points under the support, such as students who are living (3) A definition of what it considers selection criteria, TIF Evaluation in poverty, who attend high-minority a ‘‘comparable’’ school for the purposes competition applicants must include a schools, who are far below grade level, of paragraph (2) of this selection description of its local evaluation, who have left school before receiving a criterion is established. demonstrated in its response to the regular high-school diploma, who are at (b) Project design. The Secretary will selection criterion Quality of Local risk of not graduating with a diploma on consider the quality of the design of the Evaluation. For the purposes of the TIF time, who are homeless, who are in proposed project. In determining the Evaluation competition, the score for foster care, who have been incarcerated, quality of the design of the proposed this part of the application will not be who have disabilities, or who are project, the Secretary will consider the used to rank the application. For the English learners. extent to which the proposed PBCS— purposes of the Main TIF competition, Additional responsibilities and (1) Is part of a proposed LEA or if applicable, the score for this part of leadership roles means additional duties statewide strategy, as appropriate, for the application will be used to rank the teachers may voluntarily accept, such improving the process by which each application. If an applicant is selected as: (1) Serving as master or mentor participating LEA rewards teachers, under the TIF Evaluation competition, teachers who are chosen through a principals, and other personnel (in the local evaluation plan will not be performance-based selection process those sites in which the grantee wishes reviewed and will not be applicable for (including through assessment of their to expand the PBCS to additional staff program implementation. teaching effectiveness and the ability to in its schools) in high-need schools (as work effectively with other adults and defined in this notice) based upon their Final Definitions students) and who have responsibilities effectiveness as determined in The Secretary establishes the to share effective instructional practices significant part by student growth (as following definitions for the TIF and/or to assess and improve the defined in this notice). With regard to program. We may apply these teaching effectiveness of other teachers the effectiveness of teachers, principals, definitions in any year in which this in the school; (2) roles in induction and and other personnel, the Secretary will program is in effect. mentoring of novice teachers or high- consider whether— High-need school means a school with need students (as defined in this notice); (i) The methodology the LEA or SEA 50 percent or more of its enrollment (3) tutoring students; or (4) roles in proposes to use in its PBCS to determine from low-income families, based on establishing and developing learning the effectiveness of a school’s teachers, eligibility for free or reduced-price communities designed to continually principals, and other personnel (in lunch subsidies under the Richard B. improve the capacity of all teachers in those sites in which the grantee wishes Russell National School Lunch Act, or a school to advance student learning, to expand the PBCS to additional staff other poverty measures that LEAs use using a shared set of practices, in its schools) includes valid and (see section 1113(a)(5) of the ESEA (20 instructional principles, or teaching reliable measures of student growth (as U.S.C. 6313(a)(5)). For middle and high strategies. defined in this notice); schools, eligibility may be calculated on (ii) The participating LEA would use Selection Criteria the basis of comparable data from feeder the proposed PBCS to provide schools. Eligibility as a high-need The Secretary establishes the performance awards to teachers, school under this definition is following selection criteria for principals, and other personnel (in determined on the basis of the most evaluating an application under the TIF those sites in which the grantee wishes currently available data. program. We may apply one or more of to expand the PBCS to additional staff Student achievement means— these criteria in any year in which this in its schools) that are of sufficient size (a) For tested grades and subjects— program is in effect. In the notice to affect the behaviors of teachers,

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principals, and other personnel and (4) The requested grant amount and Pursuant to the Executive order, it has their decisions as to whether to go to, project costs are sufficient to attain been determined that this regulatory or remain working in, the high-need project goals and reasonable in relation action will have an annual effect on the school; and to the objectives and design of the economy of more than $100 million (iii) The applicant provides a clear project. because the amount of government explanation of how teachers, principals, (d) Quality of Local Evaluation. In transfers provided through the TIF and other personnel (in those sites in determining the quality of the local program will exceed that amount. which the grantee wishes to expand the project evaluation, the Secretary Therefore, this action is ‘‘economically PBCS to additional staff in its schools) considers the extent to which the significant’’ and subject to OMB review are determined to be ‘‘effective’’ for the applicant’s evaluation plan— under section 3(f)(1) of the Executive purposes of the proposed PBCS. (1) Includes the use of strong and order. (2) Has the involvement and support measurable performance objectives (that The potential costs associated with of teachers, principals, and other are clearly related to the goals of the this regulatory action are those resulting personnel (in those sites in which the project) for raising student achievement from statutory requirements and those grantee wishes to expand the PBCS to (as defined in this notice), increasing we have determined as necessary for additional staff in its schools), including the effectiveness of teachers, principals administering this program effectively input from teachers, and principals, and and other personnel (in those sites in and efficiently. other personnel in the schools and LEAs which the grantee wishes to expand the In assessing the potential costs and to be served by the grant, and the PBCS to additional staff in its schools), benefits—both quantitative and involvement and support of unions in and retaining and recruiting effective qualitative—of this regulatory action, participating LEAs where they are the teachers, principals, and other we have determined that the benefits of designated exclusive representatives for personnel; the final priorities, requirements, the purpose of collective bargaining that (2) Will produce evaluation data that definitions, and selection criteria justify is needed to carry out the grant; are quantitative and qualitative; and the costs. (3) Includes rigorous, transparent, and (3) Includes adequate evaluation We have determined, also, that this fair evaluation systems for teachers and procedures for ensuring feedback and regulatory action does not unduly principals that differentiate levels of continuous improvement in the interfere with State, local, and tribal effectiveness using multiple rating operation of the proposed project. governments in the exercise of their categories that take into account data on This notice does not preclude the governmental functions. student growth (as defined in this Department from proposing additional Need for Federal Regulatory Action notice) as a significant factor, as well as priorities, requirements, definitions, or classroom observations conducted at selection criteria, subject to meeting These final priorities, requirements, least twice during the school year; applicable rulemaking requirements. definitions, and selection criteria are (4) Includes a data-management Note: This notice does not solicit needed to implement the TIF program. system, consistent with the LEA’s applications. In any year in which we choose The Secretary does not believe that the proposed PBCS, that can link student to use one or more of these priorities, statute, by itself, provides a sufficient achievement (as defined in this notice) requirements, definitions, and selection level of detail to ensure that the program data to teacher and principal payroll criteria, we invite applications through a achieves the greatest national impact in notice inviting applications published in the promoting educational innovation. The and human resources systems; and Federal Register. (5) Incorporates high-quality authorizing language is very brief and professional development activities that Executive Order 12866: provides only broad parameters increase the capacity of teachers and Under Executive Order 12866, the governing the program. The final principals to raise student achievement Secretary must determine whether this priorities, requirements, definitions, and (as defined in this notice) and are regulatory action is ‘‘significant’’ and, selection criteria established in this directly linked to the specific measures therefore, subject to the requirements of notice provide greater clarity on the of teacher and principal effectiveness the Executive Order and subject to types of activities the Department seeks included in the PBCS. review by OMB. Section 3(f) of to fund, and permit the Department to (c) Adequacy of Support for the Executive Order 12866 defines a fund projects that are closely aligned Proposed Project. In determining the ‘‘significant regulatory action’’ as an with the Secretary’s priorities. adequacy of the support for the action likely to result in a rule that may In the absence of specific selection proposed project, the Secretary (1) have an annual effect on the criteria for the TIF program, the considers the extent to which— economy of $100 million or more, or Department would use the general (1) The management plan is likely to adversely affect a sector of the economy, selection criteria in 34 CFR 75.210 in achieve the objectives of the proposed productivity, competition, jobs, the selecting grant recipients. The Secretary project on time and within budget, and environment, public health or safety, or does not believe the use of those general includes clearly defined responsibilities State, local, or tribal governments, or criteria would be appropriate for the and detailed timelines and milestones communities in a material way (also Main TIF grant and TIF Evaluation for accomplishing project tasks; referred to as an ‘‘economically competitions, because they do not focus (2) The project director and other key significant’’ rule); (2) create serious on the development of PBCSs or personnel are qualified to carry out their inconsistency or otherwise interfere activities most likely to increase the responsibilities, and their time with an action taken or planned by quality of teaching and school commitments are appropriate and another agency; (3) materially alter the administration and improve educational adequate to implement the project budgetary impacts of entitlement grants, outcomes for students. effectively; user fees, or loan programs or the rights (3) The applicant will support the and obligations of recipients thereof; or Regulatory Alternatives Considered proposed project with funds provided (4) raise novel legal or policy issues The Department considered a variety under other Federal or State programs arising out of legal mandates, the of possible priorities, requirements, and local financial or in-kind resources; president’s priorities, or the principles definitions, and selection criteria before and set forth in the Executive order. deciding to establish those included in

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this notice. The final priorities, the TIF program is no longer available. Waiver of Congressional Review Act: requirements, definitions, and selection Thus, eligible applicants should These regulations have been criteria are those that the Secretary propose activities that they will be able determined to be major for purposes of believes best capture the purposes of the to sustain without funding from the the Congressional Review Act (CRA) (5 program while clarifying what the program and, thus, in essence, should U.S.C. 801, et seq.). Generally, under the Secretary expects the program to include in their project plan the specific CRA, a major rule takes effect 60 days accomplish and ensuring that program steps they will take for sustained after the date on which the rule is activities are aligned with Departmental implementation of the proposed project. published in the Federal Register. priorities. The final priorities, Section 808(2) of the CRA, however, Accounting Statement requirements, definitions, and selection provides that any rule which an agency criteria also provide eligible applicants As required by OMB Circular A–4 for good cause finds (and incorporates with flexibility in selecting activities to (available at http://www.Whithouse.gov/ the finding and a brief statement of apply to carry out under the program. omb/Circulars/a004/a-4.pdf), in the reasons therefore in the rule issued) that The Secretary believes that the final following table, we have prepared an notice and public procedure thereon are priorities, requirements, definitions, and accounting statement showing the impracticable, unnecessary, or contrary selection criteria thus appropriately classification of the expenditures to the public interest, shall take effect at balance a limited degree of specificity associated with the provisions of this such time as the Federal agency with broad flexibility in final regulatory action. This table promulgating the rule determines. implementation. provides our best estimate of the Federal These final priorities, requirements, payments to be made to States, LEAs, definitions, and selection criteria are Summary of Costs and Benefits and nonprofit organizations under this needed to implement the new TIF The Secretary believes that the final program as a result of this final authority provided by the Departments priorities, requirements, definitions, and regulatory action. This table is based on of Labor, Health and Human Services, selection criteria do not impose funds available for new awards under and Education, and Related Agencies significant costs on eligible applicants. this program from the ARRA Appropriations Act, 2010 and the The Secretary also believes that the supplemental appropriation and the ARRA. The Department must award TIF benefits of the final priorities, fiscal year 2010 appropriation. funds authorized under both the requirements, definitions, and selection Expenditures are classified as transfers Appropriations Act and the ARRA to criteria outweigh any associated costs. to those entities. qualified applicants by September 30, The Secretary believes that the final 2010, or the funds will lapse. Even on priorities, requirements, definitions, and ACCOUNTING STATEMENT CLASSIFICA- an extremely expedited timeline, it is selection criteria will result in the TION OF ESTIMATED EXPENDITURES impracticable for the Department to selection of high-quality applications to adhere to a 60-day delayed effective implement activities that are most likely Category Transfers date for the final priorities, to improve the quality of teaching and (in millions) requirements, definitions, and selection educational administration. The final criteria and make grant awards to priorities, requirements, definitions, and Annual Monetized $437.0. Transfers. qualified applicants by the September selection criteria are intended to From Whom to Whom Federal Government 30, 2010 deadline. When the 60-day provide clarity as to the scope of to States, LEAs, delayed effective date is added to the activities the Secretary expects to and nonprofits. time the Department will need to support with program funds and the receive applications (approximately 45 expected burden of work involved in Paperwork Reduction Act of 1995: days), review the applications preparing an application and The requirements and selection criteria (approximately 21 days), and finally implementing a project under the established in this notice require the approve applications (approximately 65 program. Eligible applicants need to collection of information that is subject days), the Department will not be able consider carefully the effort that will be to review by OMB under the Paperwork to award funds authorized under the required to prepare a strong application, Reduction Act of 1995 (44 U.S.C. 3501– Appropriations Act and ARRA to their capacity to implement a project 3520). The Department has received applicants by September 30, 2010. The successfully, and their chances of approval to submit the information delayed effective date would be submitting a successful application. collections described in this section for impracticable and contrary to the public The Secretary believes that the costs OMB review under emergency interest. The Department has therefore imposed on applicants by the final processing. determined that, pursuant to section priorities, requirements, definitions, and We estimate that each applicant will 808(2) of the CRA, the 60-delay in the selection criteria will be limited to spend approximately 248 hours of staff effective date generally required for paperwork burden related to preparing time to address the requirements and congressional review is impracticable, an application and that the benefits of selection criteria, prepare the contrary to the public interest, and the final priorities, requirements, application, and obtain necessary waived for good cause. definitions, and selection criteria clearances. Based on the number of outweigh any costs incurred by applications the Department received in Regulatory Flexibility Act Certification applicants. The costs of carrying out the first competition it held (in FY The Secretary certifies that this final activities will be paid for with program 2006), we expect to receive regulatory action will not have a funds and with matching funds. Thus, approximately 120 applications for significant economic impact on a the costs of implementation are not a these funds. The total number of hours substantial number of small entities. burden for any eligible applicants, for all expected applicants is an The small entities that this proposed including small entities. However, estimated 29,760 hours. We estimate the regulatory action may affect are under the final selection criteria the total cost per hour of the applicant-level (1) small LEAs, and (2) nonprofit Secretary will assess the extent to which staff who carry out this work to be $30 organizations applying for and receiving an eligible applicant is able to sustain a per hour. Therefore, the total estimated funds under this program in partnership project once Federal funding through cost for all applicants will be $892,800. with an LEA or SEA. The Secretary

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believes that the costs imposed on an January 2010, 142,357 (97 percent) had This final regulatory action will not applicant by the final priorities, revenues of $5 million or less. In have a significant economic impact on requirements, definition, and selection addition, there are 12,484 LEAs in the a small entity once it receives a grant criteria will be limited to paperwork country that meet the SBA’s definition because it will be able to meet the costs burden related to preparing an of small entity. While these entities are of compliance using the funds provided application and that the benefits of eligible to apply for funding under the under this program and with any implementing these proposals outweigh TIF program, the Secretary believes that matching funds provided by private- any costs incurred by the applicant. only a small number of them will be sector partners. Participation in the TIF program is interested in applying, thus reducing Intergovernmental Review: This voluntary. For this reason, the final the likelihood that the priorities, program is subject to Executive Order priorities, requirements, definitions, and requirements, definitions, and selection 12372 and the regulations in 34 CFR 79. selection criteria impose no burden on criteria proposed in this notice will One of the objectives of the Executive small entities unless they apply for have a significant economic impact on Order is to foster an intergovernmental funding under a TIF program using the small entities. In the first TIF partnership and a strengthened priorities, requirements, definitions, and competition that the Department held in federalism. The Executive Order relies selection criteria established in this FY 2006, approximately 21 nonprofit on processes developed by State and notice. We expect that in determining organizations applied for funding in local governments for coordination and whether to apply for TIF funds, an partnership with an LEA or SEA, and review of proposed Federal financial eligible entity will evaluate the few of these organizations appeared to assistance. requirements of preparing an be a small entity. The Secretary has no This document provides notification application and implementing a TIF reason to believe that a future of our specific plans and actions for this project, and any associated costs, and competition under this program would program. weigh them against the benefits likely to be different. To the contrary, we expect Accessible Format: Individuals with be achieved by implementing the TIF that the competitions run under Public disabilities can obtain this document in project. An eligible entity will probably Law 111–8 and the ARRA will be an accessible format (e.g., braille, large apply only if it determines that the similar to the FY 2006 competition print, audiotape, or computer diskette) likely benefits exceed the costs of because only a limited number of on request to the program contact preparing an application and nonprofit organizations are working person listed under FOR FURTHER implementing a project. The likely actively on the development of teacher INFORMATION CONTACT. benefits of applying for a TIF program and school leader PBCSs and many of Electronic Access to This Document: grant include the potential receipt of a these organizations are larger You can view this document, as well as grant as well as other benefits that may organizations. all other documents of this Department accrue to an entity through its In addition, the Secretary believes published in the Federal Register, in development of an application, such as text or Adobe Portable Document the use of its TIF application to spur that the priorities, requirements, definitions, and selection criteria Format (PDF) on the Internet at the development and implementation of following site: www.ed.gov/news/ PBCSs without Federal funding through established in this notice do not impose any additional burden on a small entity fedregister. the TIF program. To use PDF you must have Adobe The U.S. Small Business applying for a grant than the entity would face in the absence of the final Acrobat Reader, which is available free Administration (SBA) Size Standards at this site. define ‘‘small entities’’ as for-profit or action. That is, the length of the nonprofit institutions with total annual applications those entities would Note: The official version of this document submit in the absence of the final is the document published in the Federal revenue below $7,000,000 or, if they are Register. Free Internet access to the official institutions controlled by small regulatory action and the time needed to prepare an application would likely be edition of the Federal Register and the Code governmental jurisdictions (that are of Federal Regulations is available on GPO comprised of cities, counties, towns, the same. Access at: www.gpoaccess.gov/nara/ townships, villages, school districts, or Further, this final regulatory action index.html. special districts), with a population of may help a small entity determine less than 50,000. The Urban Institute’s whether it has the interest, need, or Dated: May 18, 2010. National Center for Charitable Statistics capacity to implement activities under Thelma Mele´ndez de Santa Ana, reported that of 146,802 nonprofit the program and, thus, prevent a small Assistant Secretary for Elementary and organizations that had an educational entity that does not have such an Secondary Education. mission and reported revenue to the interest, need, or capacity from [FR Doc. 2010–12218 Filed 5–20–10; 8:45 am] Internal Revenue Service (IRS) by absorbing the burden of applying. BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION implement a PBCS that rewards, at additional staff in its schools) who earn differentiated levels, teachers and it under the system; and Office of Elementary and Secondary principals who demonstrate their (b) The applicant will provide from Education: Overview Information; effectiveness by improving student non-TIF funds over the course of the Teacher Incentive Fund: Notice Inviting achievement (as defined in this notice), five-year project period an increasing Applications for New Awards for Fiscal as part of the coherent and integrated share of performance-based Year (FY) 2010 approach of the local educational compensation paid to teachers, agency (LEA) to strengthening the principals, and other personnel (in Catalog of Federal Domestic Assistance educator workforce. those sites in which the grantee wishes (CFDA) Numbers: 84.385 and 84.374. In determining teacher and principal to expand the PBCS to additional staff Dates: effectiveness as part of the PBCS, the in its schools) in those project years in Applications Available: May 21, 2010. LEA— which the LEA provides such payments Deadline for Notice of Intent to Apply: (a) Must give significant weight to as part of its PBCS. June 1, 2010. student growth (as defined in this Priority 3 (Absolute)—Comprehensive Deadline for Transmittal of notice), based on objective data on Approaches to the Performance-Based Applications: July 6, 2010. student performance; Compensation System (PBCS): Dates of Pre-Application Workshops: (b) Must include observation-based To meet this absolute priority, the Visit the Teacher Incentive Fund’s Web assessments of teacher and principal applicant must provide, in its site at: http://www2.ed.gov/programs/ performance at multiple points in the application, evidence that the proposed teacherincentive/applicant.html for year, carried out by evaluators trained in PBCS is aligned with a coherent and more information. using objective evidence-based rubrics integrated strategy for strengthening the Deadline for Intergovernmental for observation, aligned with educator workforce, including in the use Review: September 3, 2010. professional teaching standards; and, if of data and evaluations for professional Full Text of Announcement applicable, as part of the LEA’s coherent development and retention and tenure and integrated approach to decisions, in the LEA or LEAs I. Funding Opportunity Description strengthening the educator workforce; participating in the project, during and Purpose of Program: The purpose of and after the end of the TIF project period. the Teacher Incentive Fund (TIF) (c) May include other measures, such Competitive Preference Priorities: For program is to support projects that as evidence of leadership roles (as FY 2010 and any subsequent year in develop and implement performance- defined in this notice), that increase the which we make awards from the list of based compensation systems (PBCSs) effectiveness of other teachers in the unfunded applicants from this for teachers, principals, and other school or LEA. competition, these priorities are personnel in order to increase educator In determining principal effectiveness competitive preference priorities. effectiveness and student achievement as part of a PBCS, the LEA must give Applicants may choose to address one (as defined in this notice), measured in significant weight to student growth (as or more of the three competitive significant part by student growth (as defined in this notice) and may include preference priorities. Under 34 CFR defined in this notice), in high-need supplemental measures such as high 75.105(c)(2)(i) applicants will be schools (as defined in this notice). school graduation and college awarded points for competitive Priorities: These priorities are from enrollment rates. preference priorities 4 and 5 depending the notice of final priorities, In addition, the applicant must on how well the application addresses requirements, definitions, and selection demonstrate that the differentiated the priority. The number of points to be criteria (NFP) for this program, effectiveness incentive payments will awarded are indicated in parenthesis published elsewhere in this issue of the provide incentive amounts that are following the criterion. Federal Register. This notice contains substantial and provide justification for These priorities are: six priorities for the Main TIF the level of incentive amounts chosen. Priority 4 (Competitive Preference)— Competition and the TIF Evaluation While the Department does not propose Use of Value-Added Measures of Competition. Priorities 1 through 3 are a minimum incentive amount, the Student Achievement. (Up to 5 points) absolute priorities. Priorities 4 through Department encourages applicants to be To meet this competitive preference 6 are competitive preference priorities thorough in their explanation of why priority, the applicant must and are aligned with other key the selected incentive amounts are demonstrate, in its application, that the education reform goals of the likely high enough to create change in proposed PBCS for teachers, principals, Department. the behavior of current and prospective and other personnel (in those sites in Absolute Priorities: For FY 2010 and teachers and principals in order to which the grantee wishes to expand the any subsequent year in which we make ultimately improve student outcomes. PBCS to additional staff in its schools) awards from the list of unfunded Priority 2 (Absolute)—Fiscal will use a value-added measure of the applicants from this competition, these Sustainability of the Performance-Based impact on student growth (as defined in priorities are absolute priorities. Under Compensation System (PBCS): this notice) as a significant factor in 34 CFR 75.105(c)(3) we consider only To meet this absolute priority, the calculating differentiated levels of applications that address these applicant must provide, in its compensation provided to teachers, priorities. application, evidence that: principals, and other personnel (in Applicants for each type of grant must (a) The applicant has projected costs those sites in which the grantee wishes address all three absolute priorities in associated with the development and to expand the PBCS to additional staff their applications. These priorities are: implementation of the PBCS, during the in its schools). Priority 1 (Absolute)—Differentiated project period and beyond, and has Under this priority, the applicant Levels of Compensation for Effective accepted the responsibility to provide must also demonstrate that it has a plan Teachers and Principals: such performance-based compensation to ensure that, as part of the PBCS, it has To meet this absolute priority, an to teachers, principals, and other the capacity to (1) implement the applicant must demonstrate, in its personnel (in those sites in which the proposed value-added model (e.g., application, that it will develop and grantee wishes to expand the PBCS to through robust data systems that collect

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the necessary data and ensure data notice) in the new LEAs or SEAs the purpose of collective bargaining) quality), and (2) clearly explain the (including charter schools) that have not that is needed to carry out the grant; chosen value-added model to teachers previously received TIF funds. (c) Rigorous, transparent, and fair to enable them to use the data generated Requirements: The following sections evaluation systems for teachers and through the model to improve classroom provide requirements for both the Main principals that differentiate practices. TIF and TIF Evaluation competitions. effectiveness using multiple rating Priority 5 (Competitive Preference)— Requirements for Main TIF categories that take into account student Increased Recruitment and Retention of competition: growth (as defined in this notice) as a Effective Teachers to Serve High-Need The following requirements are from significant factor, as well as classroom Students and in Hard-to-Staff Subjects the notice of final priorities, observations conducted at least twice and Specialty Areas in High-Need requirements, definitions, and selection during the school year. The evaluation Schools. (Up to 5 points) criteria (NFP) for this program, process must: (1) Use an objective, To meet this competitive preference published elsewhere in this issue of the evidence-based rubric aligned with priority, the applicant must demonstrate Federal Register, and apply to the Main professional teaching or leadership in its application that its proposed PBCS TIF competition. standards and the LEA’s coherent and is designed to assist high-need schools Selection of Competition. An integrated approach to strengthening the (as defined in this notice) to (1) serve applicant may submit an application for educator workforce; (2) provide for high-need students (as defined in this either the Main TIF competition or the observations of each teacher or principal notice), (2) retain effective teachers in TIF Evaluation competition. Each at least twice during the school year by teaching positions in hard-to-staff applicant must identify in its individuals (who may include peer subjects and specialty areas, such as application the competition for which it reviewers) who are provided specialized mathematics, science, special education, is applying. Decisions regarding awards training; (3) incorporate the collection and English language acquisition, and for the TIF Evaluation program will be and evaluation of additional forms of (3) fill vacancies with teachers of those made prior to doing so for the Main TIF evidence; and (4) ensure a high degree subjects or specialty areas who are competition, so that applicants not of inter-rater reliability (i.e., agreement effective or likely to be effective. The funded in the TIF Evaluation among two or more raters who score applicant must provide an explanation competition will still be eligible for approximately the same); for how it will determine that a teacher funding under the Main TIF (d) A data-management system 1 that filling a vacancy is effective or likely to competition. can link student achievement (as be effective. In addition, applicants Application Requirement. Each defined in this notice) data to teacher must demonstrate, in their applications, applicant must describe in its and principal payroll and human the extent to which the subjects or application how its proposed PBCS will resources systems; and specialty areas they propose to target are provide educators with incentives to (e) A plan for ensuring that teachers hard-to-staff. Lastly, applicants must take on additional responsibilities and and principals understand the specific demonstrate, in their applications, that leadership roles (as defined in this measures of teacher and principal they will implement a process for notice). effectiveness included in the PBCS, and effectively communicating to teachers Core Elements of a PBCS and a receive professional development that which of the LEA’s schools are high- Potential Planning Period. Each enables them to use data generated by need and which subjects and specialty applicant must either— these measures to improve their areas are considered hard-to-staff. (a) Demonstrate in its application that practice. Priority 6 (Competitive Preference)-– it has in place the five core elements Planning Period Requirements. Each New Applicants to the Teacher that follow; or grantee that implements a planning Incentive Fund. (2 points) (b) If the applicant cannot period to develop the core element or To meet this competitive preference demonstrate in its application that it has elements it lacks, is— priority, an applicant must be a new in place each of the five core elements— (a) Required to demonstrate in its applicant to the TIF program. For the (1) Agree, as part of its application, to annual performance report or other purposes of this priority, a new implement a planning period of up to interim performance report that it has applicant is (1) an eligible entity that one year, during which it will use its implemented any of the five core has not previously been awarded a grant TIF funds to develop the core element elements it had lacked at the start of the under the TIF program, or (2) a or elements it lacks; and project; and nonprofit organization that previously (2) Include, in its application, a plan (b) Prohibited from using TIF program received funding through TIF, as part of for how it will implement the core funds to provide incentive payments to a partnership with one or more LEAs or element or elements it lacks during the teachers, principals, and other SEAs, but that is applying to work with planning period. personnel (in those sites in which the a different group of eligible LEAs or Core Elements. grantee wishes to expand the PBCS to SEAs than it worked with under any (a) A plan for effectively additional staff in its schools) until it previous TIF grant. Under this communicating to teachers, has implemented a PBCS that, to the competitive preference priority, a administrators, other school personnel, Secretary’s satisfaction, has all five core current nonprofit grantee may not and the community-at-large the elements. propose to use new TIF funds to components of its PBCS; Professional Development. Each compensate for any activities related to (b) The involvement and support of applicant must demonstrate, in its the development and implementation of teachers, principals, and other its PBCS in LEAs and high-need schools personnel (including input from 1 Successful applicants that receive Teacher (as defined in this notice) already served teachers, principals, and other Incentive Fund grant awards must ensure that the under the current grant. Rather, a personnel in the schools and LEAs to be program’s PBCS, including the necessary data nonprofit organization that is a current served by the grant) and the systems, complies with the Family Educational Rights and Privacy Act (FERPA), including the TIF grantee may only use new TIF funds involvement and support of unions in regulations in 34 CFR Part 99, as well as any for the costs of implementing the PBCS participating LEAs (where they are the applicable State and local requirements regarding in high-need schools (as defined in this designated exclusive representatives for privacy.

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application, that its proposed PBCS will reduced-price lunch subsidies under the indicates how it plans to use the include a high-quality professional Richard B. Russell National School additional funds the Department would development component for teachers Lunch Act, or other poverty measures award. While these additional funds and principals consistent with the that the LEA uses (see section 1113(a)(5) must be used for TIF-related activities, definition of the term professional of the ESEA (20 U.S.C. 6313(a)(5))). Data examples of acceptable expenses development in section 9101(34) of the provided to demonstrate eligibility as a include the costs of: ESEA. high-need school (as defined in this (1) Academic coaches such as The applicant must demonstrate that notice) must be school-level data; the mathematics and reading coaches, and its PBCS has a professional Department will not accept LEA-or Master, Mentor, or Lead Teacher salaries development component in place, or a State-level data for purposes of beyond those the Department will specific plan for developing one, that is documenting whether a school is a high- otherwise fund under the Main TIF directly linked to the specific measures need school (as defined in this notice). competition. Under the Main TIF of teacher and principal effectiveness Additional Eligibility Requirement. competition, the Department approves included in the PBCS. The professional Each applicant that currently expenses related to one salary, per development component of the PBCS participates in a TIF project must position, per high-need school (as must— confirm in its application either that— defined in this notice) within the project (1) Be based on needs assessed either (a) Its proposed PBCS would be scope); at the high-need schools (as defined in available to educators in high-need (2) Activities such as expenses related this notice) participating in the schools (as defined in this notice) in to release time for teachers to attend applicant’s proposed PBCS or LEA- which the LEA does not currently make professional development beyond those wide; a TIF-supported PBCS available; or the Department will otherwise fund (2) Be targeted to individual teachers’ (b) If the applicant’s current TIF under the Main competition (the and principals’ needs as identified in project serves only principals or only Department does not allow for an the evaluation process; teachers, its proposed project would add unreasonable amount of substitute (3) Provide— teachers or principals, respectively, who teacher salaries to compensate for this (a) Those teachers and principals in work in high-need schools (as defined release time); participating TIF schools who do not in this notice) and who are not eligible (3) Support for the PBCS that would receive differentiated compensation for performance-based compensation otherwise need to be paid with non-TIF based on effectiveness under the PBCS under the applicant’s current TIF funds in order to implement the with the tools and skills they need to project’s PBCS. applicant’s plan for fiscal sustainability improve their effectiveness in the If awarded a grant, the grantee must under absolute priority 2; and classroom or school and be able to raise maintain its PBCS for teachers and (4) Costs associated with participating student achievement (as defined in this principals in high-need schools (as in the national evaluation, such as notice); and defined in this notice) for the duration preparing administrative student (b) Those teachers and principals who of the new TIF project period. An records for use by the national are deemed to be effective and who, applicant may also propose to have evaluator. therefore, receive differentiated other personnel (in those sites in which Incentive Amounts. Consistent with compensation under the PBCS, with the the grantee wishes to expand the PBCS absolute priority 1, an applicant for the tools and skills they need to (1) to additional staff in its schools) who TIF Evaluation competition must continue effective practices in the work in high-need schools (as defined demonstrate, in its application, that it classroom or school and raise student in this notice) benefit from the PBCS. will implement a PBCS that uses— achievement (as defined in this notice), Requirements for the TIF Evaluation (1) Incentive payments to principals and (2) successfully assume additional Competition: based on differentiated levels of In addition to the requirements and responsibilities and leadership roles (as effectiveness in which— priorities for the Main TIF competition, defined in this notice); (a) The average principal payout (4) Support teachers and principals to which applicants for the TIF Evaluation (defined as the total amount of principal better understand and use the measures competition are also required to meet, payments divided by the total number of effectiveness in the PBCS to improve the Secretary includes the following of principals in the schools participating practice and student achievement (as requirements for the TIF Evaluation in the differentiated effectiveness defined in this notice); and competition only: (5) Include a process for regularly Budget Information. In exchange for incentive payment component of the assessing the effectiveness of this its agreement to participate in the PBCS) is substantial (e.g., 5 percent of professional development in improving national TIF Evaluation, a successful the average principal salary); teacher and leadership practice to applicant for the TIF Evaluation (b) The criteria for determining increase student achievement (as competition will receive a minimum of whether a principal is eligible for defined in this notice) and making $1 million of additional funding over payment are challenging (e.g., payments modifications necessary to improve its the 5-year grant period (above the are made to only those who perform effectiveness. amount of funding awarded to it to significantly better than the current High-Need Schools Documentation. average performance among study implement the PBCS proposed in its 2 Each applicant must demonstrate, in its application) for the four pairs of schools schools within the LEA), and; application, that the schools to be selected to participate in the evaluation. (c) There is an expectation of served by the proposed PBCS are high- For each additional pair of schools meaningful differences in resulting need schools (as defined in this notice). participating in the evaluation, a principal pay (e.g., at least some Each applicant must provide, in its successful applicant will receive an principals could reasonably expect to application, a list of schools in which additional $250,000, up to a maximum receive an incentive payment of three the proposed PBCS will be implemented total additional award of $2 million. 2 For the purposes of the TIF Evaluation as well as the most current data on the An applicant for the TIF Evaluation Competition, an ‘‘LEA’’ includes consortia and percentage of each identified school’s competition must provide, in its intermediary units, so long as they are considered students who are eligible for free or application, a proposed budget that an LEA under State law.

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times the average principal payout and average teacher payout and the teachers, principals, and other the applicant’s documentation of cost applicant’s documentation of cost personnel (in those sites in which the projections is consistent with this projections is consistent with this grantee wishes to expand the PBCS to expectation); and expectation). additional staff in its schools). The (2) Incentive payments to teachers Implementation of Evaluation. Each applicant must identify, in its based on differentiated levels of applicant under the TIF Evaluation application, the schools that are effectiveness in which— competition must agree, in its proposed for participation in the (a) The average teacher payout application, to implement its evaluation. (defined as the total amount of teacher differentiated effectiveness incentive In participating LEAs that have the payments divided by the total number component of the PBCS and a 1 percent five core elements in place at the time of teachers in the schools participating across-the-board annual bonus in at of the initial grant award, the first group in the differentiated effectiveness least one LEA in accordance with the of schools in that LEA (Group 1 schools) incentive payment component of the implementation plan developed by the must begin implementation of all PBCS) is substantial (e.g., 5 percent of Institute of Education Sciences (IES) components of the PBCS at the the average teacher salary); evaluator, Mathematica Policy Research beginning of the 2010–2011 school year. (b) The criteria for determining (http://www.mathematica-mpr.com/ In a participating LEA that does not yet whether a teacher is eligible for education/tifgrantee.asp). Specifically, have in place the five core elements payment are challenging (e.g., payments the IES evaluator will select by lottery necessary to implement a successful are made only to those who perform one-half of the evaluation schools PBCS at the time of award, the first significantly better than the current within the LEA (i.e., ‘‘Group 1’’) to group of schools in that LEA (Group 1 average performance among study implement the applicant’s proposed schools) must begin implementation of schools within the LEA); and differentiated effectiveness incentive all components of the PBCS no later (c) There is an expectation of payment component of the PBCS. The than the 2011–2012 school year. meaningful differences in resulting other half of the schools within the LEA The following table illustrates the TIF teacher pay (e.g., at least some teachers (i.e., ‘‘Group 2’’) participating in the Evaluation random assignment plan, could reasonably expect to receive an evaluation will implement a 1 percent depending on the amount of planning incentive payment of three times the across-the-board annual bonus for time an applicant needs:

Random assignment a Pay component of PBCS b

LEAs Ready for 2010–11 Imple- Group 1 ...... Differentiated pay implemented starting in 2010–11. mentation. Group 2 ...... Across-the-board annual 1 percent bonus implemented starting in 2010–11 through 2014–15. LEAs Ready for 2011–12 Imple- Group 1 ...... Differentiated pay implemented starting in 2011–12. mentation. Group 2 ...... Across-the-board annual 1 percent bonus implemented starting in 2011–12 through 2014–15. a For each LEA, the IES evaluator will randomly assign the schools participating in the Evaluation into 2 groups (Groups 1 and 2). b The school year listed is the first year in which the differentiated effectiveness incentive component of the PBCS will be implemented in the LEA’s schools participating in the designated group.

Commitment to Evaluation. An the LEA requires such research office Implementation of All Non- applicant for the TIF Evaluation approval). differentiated Effectiveness Incentive competition must demonstrate, in its Advance Notice. Each applicant must Components. Each applicant must agree, application, that each participating LEA agree, in its application, to work with in its application, to implement the non- and school is willing to participate in the IES evaluator to notify all eligible differentiated effectiveness incentive the TIF Evaluation. Documentation schools participating in the TIF components of its PBCS (e.g., bonuses demonstrating this commitment must Evaluation at least two months prior to for leadership or additional include, for each participating LEA— the assigned Group 1 implementation responsibilities and professional (1) A letter from the LEA schedule. The Department will waive development activities) in all of the superintendent and the principals of the this advance notice for any applicants LEA’s participating schools (those in participating schools stating that those that are eligible to implement their Groups 1 and 2) starting at the same officials agree to meet the TIF PBCS in 2010–11 (i.e., meet the five core time as the differentiated effectiveness Evaluation competition requirements, requirements) so long as the program is incentive component of its PBCS is including adhering to the implemented according to the implemented in the Group 1 schools. implementation plan of the IES evaluator’s assigned group status (Note: The schools in Group 2 must not evaluator, which involves selection The evaluator will be ready to assign implement the differentiated through a lottery of those schools to group status immediately upon grant effectiveness incentive component of its implement the differentiated award, or if the applicant prefers, the PBCS for the duration of the TIF grant. effectiveness component among the applicant can discuss with Mathematica Scope of Schools. An applicant for the schools participating in the evaluation. prior to grant award how to comply TIF Evaluation competition must (2) A letter from the research office or with the evaluation requirements by demonstrate, in its application, that it research board of the participating LEA contacting Mathematica at http:// will implement a PBCS in eight or more that expresses an agreement to comply www.mathematica-mpr.com/education/ high-need schools (as defined in this with the TIF Evaluation requirements (if tifgrantee.asp). notice) in an LEA that has students in

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tested subjects or grades (i.e., students other poverty measures that LEAs use using a shared set of practices, in grades three through eight). At least (see section 1113(a)(5) of the ESEA (20 instructional principles, or teaching two of the schools proposed to U.S.C. 6313(a)(5)). For middle and high strategies. participate in the TIF Evaluation must schools, eligibility may be calculated on Program Authority: The Departments be from within the same grade the basis of comparable data from feeder of Labor, Health and Human Services, configuration (i.e., if elementary schools schools. Eligibility as a high-need and Education, and Related Agencies are proposed there are at least two school under this definition is Appropriations Act, 2008, Division G, elementary schools among the determined on the basis of the most Title III, Public Law 110–161; minimum of eight schools all within the currently available data. Departments of Labor, Health and same LEA; if middle schools are Student achievement means— Human Services, and Education, and proposed there are at least two middle (a) For tested grades and subjects— Related Agencies Appropriations Act, schools among the minimum of eight (1) A student’s score on the State’s 2010, Division D, Title III, Public Law schools all within the same LEA). assessments under the ESEA; and 111–117; and the American Recovery Applicants that include multiple LEAs (2) As appropriate, other measures of and Reinvestment Act of 2009, Division must meet the scope-of-schools student learning, such as those A, Title VIII, Public Law 111–5. requirement in at least one LEA. In described in paragraph (b) of this Applicable Regulations: (a) The addition, no LEA will have more than definition, provided that they are Education Department General 16 high-need schools (as defined in this rigorous and comparable across schools; Administrative Regulations (EDGAR) in notice) selected for the TIF Evaluation. and 34 CFR parts 74, 75, 77, 79, 80, 81, 82, (b) For non-tested grades and subjects, An applicant that is a consortium of 84, 85, 86, 97, 98, and 99. alternative measures of student learning small LEAs or an intermediary unit that (b) The notice of final priorities, and performance, such as student scores is considered an LEA under State law requirements, definitions, and selection on pre-tests and end-of-course tests; does not have to have eight eligible criteria (NFP) for this program, student performance on English schools in a participating LEA provided published elsewhere in this issue of the language proficiency assessments; and that the consortium or intermediary unit Federal Register. serves a coordinating function (i.e., data other measures of student achievement are available from a centralized or that are rigorous and comparable across Note: The regulations in 34 CFR part 79 schools. apply to all applicants except federally coordinating entity). In this case, the recognized Indian tribes. minimum number of schools required Student growth means the change in for the consortium or intermediary unit student achievement (as defined in this Note: The regulations in 34 CFR part 86 is still eight, and within the eight, each notice) for an individual student apply to institutions of higher education school is at least paired with another between two or more points in time. A only. school at the same grade level and State or LEA may also include other within the same State. The Department measures that are rigorous and II. Award Information comparable across schools. will use the number of eligible schools, Types of Award: Discretionary grants. High-need students means students at up to 16 per LEA, that a successful Estimated Available Funds: risk of educational failure or otherwise applicant makes available for the TIF $437,000,000 in total. $300,000,000 in need of special assistance and Evaluation. million from the FY 2010 support, such as students who are living Local Evaluation. In order to be appropriations and $137,000,000 from in poverty, who attend high-minority eligible to receive points under the FY 2009 American Recovery and schools, who are far below grade level, selection criteria, TIF Evaluation Reinvestment Act (ARRA) funds. who have left school before receiving a competition applicants must include a Estimated Range of Awards: regular high-school diploma, who are at description of its local evaluation, $5,000,000–$10,000,000.* risk of not graduating with a diploma on demonstrated in its response to the Estimated Average Size of Awards: time, who are homeless, who are in selection criterion Quality of Local $7,500,000.* foster care, who have been incarcerated, Evaluation. For the purposes of the TIF Estimated Number of Awards: 40–80. who have disabilities, or who are Evaluation competition, the score for * Successful applicants for the TIF English learners. this part of the application will not be Evaluation competition can anticipate used to rank the application. For the Additional responsibilities and leadership roles means additional duties award amounts at least $1,000,000 more purposes of the Main TIF competition, than for the Main TIF competition. if applicable, the score for this part of teachers may voluntarily accept, such the application will be used to rank the as: (1) Serving as master or mentor Note: The Department is not bound by any application. If an applicant is selected teachers who are chosen through a estimates in this notice. under the TIF Evaluation competition, performance-based selection process Project Period: Up to 60 months, the local evaluation plan will not be (including through assessment of their including the planning period, if reviewed and will not be applicable for teaching effectiveness and the ability to applicable. work effectively with other adults and program implementation. III. Eligibility Information and Program Definitions: students) and who have responsibilities The following definitions are from the to share effective instructional practices Requirements NFP for this program, published and/or to assess and improve the 1. Eligible Applicants: Eligible entities elsewhere in this issue of the Federal teaching effectiveness of other teachers for these funds are: Register, and apply to the competitions in the school; (2) roles in induction and (a) State educational agencies (SEAs), announced in this notice. mentoring of novice teachers or high- (b) Local educational agencies (LEAs), High-need school means a school with need students (as defined in this notice); including charter schools that are LEAs, 50 percent or more of its enrollment (3) tutoring students; or (4) roles in or from low-income families, based on establishing and developing learning (c) Partnerships of— eligibility for free or reduced-price communities designed to continually (1) An SEA, LEA, or both; and lunch subsidies under the Richard B. improve the capacity of all teachers in (2) At least one nonprofit Russell National School Lunch Act, or a school to advance student learning, organization.

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IV. Application and Submission more than 60 pages using the following in connection with the application Information standards: process should contact the person listed • A ‘‘page’’ is 8.5″ x 11″, on one side under For Further Information Contact 1. Address to Request Application ″ Package: ED Pubs, U.S. Department of only, with 1 margins at the top, bottom, in section VII of this notice. If the Education, P.O. Box 22207, Alexandria, and both sides. Department provides an accommodation • Double space (no more than three VA 22304. Telephone, toll free: 1–877– or auxiliary aid to an individual with a lines per vertical inch) all text in the 433–7827. FAX: (703) 605–6794. If you disability in connection with the application narrative, including titles, use a telecommunications device for the application process, the individual’s headings, footnotes, quotations, application remains subject to all other deaf (TDD), call, toll free: 1–877–576– references, and captions, as well as all requirements and limitations in this 7734. text in charts, tables, figures, and You can contact ED Pubs at its Web notice. graphs. Deadline for Intergovernmental site, also: www.EDPubs.ed.gov or at its • Use a font that is either 12 point or Review: September 3, 2010. e-mail address: [email protected]. larger or no smaller than 10 pitch 4. Intergovernmental Review: This If you request an application package (characters per inch). competition is subject to Executive from ED Pubs, be sure to identify this • Use one of the following fonts: Order 12372 and the regulations in 34 program or competition as follows: Times New Roman, Courier, Courier CFR part 79. Information about CFDA number 84.385. New, or Arial. An application submitted Intergovernmental Review of Federal Also, you can download the in any other font (including Times Programs under Executive Order 12372 application package at the Teacher Roman or Arial Narrow) will not be is in the application package for this Incentive Fund Web site: http:// accepted. competition. www2.ed.gov/programs/ The suggested page limit does not 5. Funding Restrictions: We reference teacherincentive/index.html. apply to Part 1, the cover sheet; Part 2, regulations outlining funding Individuals with disabilities can the budget section, including the restrictions in the Applicable obtain a copy of the application package narrative budget justification; Part 7, the Regulations section of this notice. in an accessible format (e.g., braille, assurances and certifications; the one- 6. Data Universal Numbering System large print, audiotape, or computer page abstract; or appendices, such as the Number, Taxpayer Identification diskette) by calling the program contact resumes, the bibliography, or the letters Number, and Central Contractor number or by writing to the e-mail of support. However, the suggested page Registry: To do business with the address listed under Accessible Format limit does apply to all of the application Department of Education, (1) you must in section VIII of this notice. narrative section [Parts 3, 4, and 5]. have a Data Universal Numbering 2. Content and Form of Application 3. Submission Dates and Times: System (DUNS) number and a Taxpayer Submission: Requirements concerning Applications Available: May 21, 2010. Identification Number (TIN); (2) you the content of an application, together Deadline for Notice of Intent to Apply: must register both of those numbers with the forms you must submit, are in June 1, 2010. with the Central Contractor Registry the application package for this Deadline for Transmittal of (CCR), the Government’s primary competition. Applications: July 6, 2010. registrant database; and (3) you must Notice of Intent to Apply: June 1, Bidders’ Conferences: In-person provide those same numbers on your 2010. bidders’ conferences or pre-application application. We will be able to develop a more workshops will be held in three You can obtain a DUNS number from efficient process for reviewing grant locations across the country in late May Dun and Bradstreet. A DUNS number applications if we understand the and early June. Bidders’ conferences are can be created within one business day. number of applicants that intend to intended to provide technical assistance If you are a corporate entity, agency, apply for funding under these to all interested grant applicants. institution, or organization, you can competitions. Therefore, the Secretary Detailed information regarding the pre- obtain a TIN from the Internal Revenue strongly encourages each potential application workshop locations and Service. If you are an individual, you applicant to notify us of the applicant’s times, along with the on-line can obtain a TIN from the Internal intent to submit an application for registration form, can be found on the Revenue Service or the Social Security funding by sending a short e-mail Teacher Incentive Fund’s Web site at Administration. If you need a new TIN, message. This short e-mail should http://www2.ed.gov/programs/ please allow 2–5 weeks for your TIN to provide (1) the applicant organization’s teacherincentive/applicant.html. become active. name and address, (2) the type of grant Applications for grants under this The CCR registration process may take for which the applicant intends to competition must be submitted five or more business days to complete. apply, (3) the one absolute priority the electronically using the Electronic Grant If you are currently registered with the applicant intends to address, and (4) all Application System (e-Application) CCR, you may not need to make any competitive preference priorities the accessible through the Department’s changes. However, please make certain applicant intends to address. The e-Grants site. For information (including that the TIN associated with your DUNS Secretary requests that this e-mail be dates and times) about how to submit number is correct. Also note that you sent to [email protected] with ‘‘Intent to Apply’’ your application electronically, or in will need to update your CCR in the e-mail subject line. Applicants paper format by mail or hand delivery registration on an annual basis. This that do not provide this e-mail if you qualify for an exception to the may take three or more business days to notification may still apply for funding. electronic submission requirement, complete. Page Limit: The application narrative please refer to section IV.7. Other In addition, if you are submitting your (Part III of the application) is where you, Submission Requirements of this notice. application via Grants.gov, you must (1) the applicant, address the selection We do not consider an application be designated by your organization as an criteria that reviewers use to evaluate that does not comply with the deadline Authorized Organization Representative your application. Applicants are requirements. (AOR); and (2) register yourself with strongly encouraged to limit the Individuals with disabilities who Grants.gov as an AOR. Details on these application narrative (Part III) to not need an accommodation or auxiliary aid steps are outlined in the Grants.gov

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3-Step Registration Guide (see an exception to the electronic DC time, on the application deadline www.grants.gov/section910/ submission requirement, as described date; or Grants.govRegistrationBrochure.pdf). elsewhere in this section, and submit (b) E-Application is unavailable for 7. Other Submission Requirements: your application in paper format. any period of time between 3:30 p.m. Applications for grants under this • You must submit all documents and 4:30:00 p.m., Washington, DC time, program must be submitted electronically, including all information on the application deadline date. electronically unless you qualify for an you typically provide on the following We must acknowledge and confirm exception to this requirement in forms: the Application for Federal these periods of unavailability before accordance with the instructions in this Assistance (SF 424), the Department of granting you an extension. To request section. Education Supplemental Information for this extension or to confirm our a. Electronic Submission of SF 424, Budget Information—Non- acknowledgment of any system Applications. Construction Programs (ED 524), and all unavailability, you may contact either Applications for grants under the necessary assurances and certifications. (1) the person listed elsewhere in this Teacher Incentive Fund—CFDA number You must attach any narrative sections notice under For Further Information 84.385 must be submitted electronically of your application as files in a .DOC Contact (see VII. Agency Contact) or (2) using e-Application, accessible through (document), .RTF (rich text), or .PDF the e-Grants help desk at 1–888–336– the Department’s e-Grants Web site at: (Portable Document) format. If you 8930. If e-Application is unavailable http://e-grants.ed.gov. upload a file type other than the three due to technical problems with the We will reject your application if you file types specified in this paragraph or system and, therefore, the application submit it in paper format unless, as submit a password protected file, we deadline is extended, an e-mail will be described elsewhere in this section, you will not review that material. sent to all registered users who have qualify for one of the exceptions to the • Your electronic application must initiated an e-Application. Extensions electronic submission requirement and comply with any page limit referred to in this section apply only to submit, no later than two weeks before requirements described in this notice. the unavailability of e-Application. the application deadline date, a written • Prior to submitting your electronic Exception to Electronic Submission statement to the Department that you application, you may wish to print a Requirement: You qualify for an qualify for one of these exceptions. copy of it for your records. exception to the electronic submission Further information regarding • After you electronically submit requirement, and may submit your calculation of the date that is two weeks your application, you will receive an application in paper format, if you are before the application deadline date is automatic acknowledgment that will unable to submit an application through provided later in this section under include a PR/Award number (an e-Application because–– Exception to Electronic Submission • You do not have access to the identifying number unique to your Requirement. Internet; or application). • While completing your electronic • You do not have the capacity to application, you will be entering data Within three working days after upload large documents to online that will be saved into a submitting your electronic application, e-Application; and database. You may not e-mail an fax a signed copy of the SF 424 to the • No later than two weeks before the electronic copy of a grant application to Application Control Center after application deadline date (14 calendar us. following these steps: days or, if the fourteenth calendar day Please note the following: (1) Print SF 424 from e-Application. before the application deadline date • You must complete the electronic (2) The applicant’s Authorizing falls on a Federal holiday, the next submission of your grant application by Representative must sign this form. business day following the Federal 4:30:00 p.m., Washington, DC time, on (3) Place the PR/Award number in the holiday), you mail or fax a written the application deadline date. upper right hand corner of the hard- statement to the Department, explaining E-Application will not accept an copy signature page of the SF 424. which of the two grounds for an application for this competition after (4) Fax the signed SF 424 to the exception prevents you from using the 4:30:00 p.m., Washington, DC time, on Application Control Center at (202) Internet to submit your application. If the application deadline date. 245–6272. you mail your written statement to the • Therefore, we strongly recommend that We may request that you provide us Department, it must be postmarked no you do not wait until the application original signatures on other forms at a later than two weeks before the deadline date to begin the application later date. application deadline date. If you fax process. Application Deadline Date Extension your written statement to the • The hours of operation of the e- in Case of e-Application Unavailability: Department, we must receive the faxed Grants Web site are 6:00 a.m. Monday If you are prevented from electronically statement no later than two weeks until 7:00 p.m. Wednesday; and 6:00 submitting your application on the before the application deadline date. a.m. Thursday until 8:00 p.m. Sunday, application deadline date because Address and mail or fax your Washington, DC time. Please note that, e-Application is unavailable, we will statement to: April Lee, Office of because of maintenance, the system is grant you an extension of one business Elementary and Secondary Education unavailable between 8:00 p.m. on day to enable you to transmit your (Attention: Teacher Incentive Fund), Sundays and 6:00 a.m. on Mondays, and application electronically, by mail, or by U.S. Department of Education, 400 between 7:00 p.m. on Wednesdays and hand delivery. We will grant this Maryland Avenue, SW., room 3E120, 6:00 a.m. on Thursdays, Washington, extension if— Washington, DC 20202. FAX: 202–260– DC time. Any modifications to these (1) You are a registered user of 8969. hours are posted on the e-Grants Web e-Application and you have initiated an Your paper application must be site. electronic application for this submitted in accordance with the mail • You will not receive additional competition; and or hand delivery instructions described point value because you submit your (2) (a) E-Application is unavailable for in this notice. application in electronic format, nor 60 minutes or more between the hours b. Submission of Paper Applications will we penalize you if you qualify for of 8:30 a.m. and 3:30 p.m., Washington, by Mail.

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If you qualify for an exception to the (2) The Application Control Center will the effectiveness of teachers, principals, electronic submission requirement, you mail to you a notification of receipt of your and other personnel, the Secretary will may mail (through the U.S. Postal grant application. If you do not receive this consider whether— Service or a commercial carrier) your grant notification within 15 business days (i) The methodology the LEA or SEA from the application deadline date, you proposes to use in its PBCS to determine application to the Department. You should call the U.S. Department of Education must mail the original and two copies Application Control Center at (202) 245– the effectiveness of a school’s teachers, of your application, on or before the 6288. principals, and other personnel (in application deadline date, to the those sites in which the grantee wishes Department at the following address: V. Application Review Information to expand the PBCS to additional staff U.S. Department of Education, in its schools) includes valid and 1. Selection Criteria: The selection Application Control Center, Attention: reliable measures of student growth (as criteria for this competition are from the (CFDA Numbers 84.385), LBJ Basement defined in this notice); notice of final priorities, requirements, Level 1, 400 Maryland Avenue, SW., (ii) The participating LEA would use definitions, and selection criteria, for Washington, DC 20202–4260. the proposed PBCS to provide You must show proof of mailing this program, published elsewhere in performance awards to teachers, consisting of one of the following: this issue of the Federal Register. principals, and other personnel (in (1) A legibly dated U.S. Postal Service The selection criteria are as follows. those sites in which the grantee wishes postmark. The maximum points assigned to each to expand the PBCS to additional staff (2) A legible mail receipt with the criterion are indicated in parentheses in its schools) that are of sufficient size date of mailing stamped by the U.S. next to the criterion. Applicants may to affect the behaviors of teacher, Postal Service. earn up to a total of 100 points. principal, and other personnel and their (3) A dated shipping label, invoice, or (a) Need for the project (10 points). In decisions as to whether to go to, or receipt from a commercial carrier. determining the need for the proposed remain working in, the high-need (4) Any other proof of mailing project, the Secretary will consider the school; and acceptable to the Secretary of the U.S. extent to which the applicant (iii) The applicant provides a clear Department of Education. establishes that— explanation of how teachers, principals, If you mail your application through (1) The high-need schools (as defined and other personnel (in those sites in the U.S. Postal Service, we do not in this notice) whose educators would which the grantee wishes to expand the accept either of the following as proof be part of the PBCS have difficulty— PBCS to additional staff in its schools) of mailing: (i) Recruiting highly qualified or are determined to be ‘‘effective’’ for the (1) A private metered postmark. effective teachers, particularly in hard- purposes of the proposed PBCS. (2) A mail receipt that is not dated by to-staff subjects or specialty areas, such (2) Has the involvement and support the U.S. Postal Service. as mathematics, science, English of teachers, principals, and other If your application is postmarked after language acquisition, and special personnel (in those sites in which the the application deadline date, we will education; and grantee wishes to expand the PBCS to not consider your application. (ii) Retaining highly qualified or additional staff in its schools), including Note: The U.S. Postal Service does not effective teachers and principals. input from teachers, and principals, and uniformly provide a dated postmark. Before (2) Student achievement (as defined other personnel in the schools and LEAs relying on this method, you should check in this notice) in each of the schools to be served by the grant, and the with your local post office. whose educators would be part of the involvement and support of unions in c. Submission of Paper Applications PBCS is lower than in what the participating LEAs where they are the by Hand Delivery. applicant determines are comparable designated exclusive representatives for If you qualify for an exception to the schools in the LEA, or another LEA in the purpose of collective bargaining that electronic submission requirement, you its State, in terms of key factors such as is needed to carry out the grant; (or a courier service) may deliver your size, grade levels, and poverty levels; (3) Includes rigorous, transparent, and paper application to the Department by and fair evaluation systems for teachers and hand. You must deliver the original and (3) A definition of what it considers principals that differentiate levels of two copies of your application, by hand, a ‘‘comparable’’ school for the purposes effectiveness using multiple rating on or before the application deadline of paragraph (2) of this selection categories that take into account data on date, to the Department at the following criterion is established. student growth (as defined in this address: U.S. Department of Education, (b) Project design (60 points). The notice) as a significant factor, as well as Application Control Center, Attention: Secretary will consider the quality of classroom observations conducted at (CFDA Number 84.385), 550 12th Street, the design of the proposed project. In least twice during the school year; SW., Room 7041, Potomac Center Plaza, determining the quality of the design of (4) Includes a data-management Washington, DC 20202–4260. the proposed project, the Secretary will system, consistent with the LEA’s consider the extent to which the The Application Control Center accepts proposed PBCS, that can link student proposed PBCS— hand deliveries daily between 8:00:00 achievement (as defined in this notice) (1) Is part of a proposed LEA or a.m. and 4:30:00 p.m., Washington, DC data to teacher and principal payroll statewide strategy, as appropriate, for time, except Saturdays, Sundays, and and human resources systems; and improving the process by which each Federal holidays. (5) Incorporates high-quality participating LEA rewards teachers, professional development activities that Note for Mail or Hand Delivery of Paper principals, and other personnel (in increase the capacity of teachers and Applications: If you mail or hand deliver those sites in which the grantee wishes principals to raise student achievement your application to the Department— to expand the PBCS to additional staff (1) You must indicate on the envelope (as defined in this notice) and are and—if not provided by the Department—in in its schools) in high-need schools (as directly linked to the specific measures Item 11 of the SF 424 the CFDA number, defined in this notice) based upon their of teacher and principal effectiveness including suffix letter, if any, of the effectiveness as determined in included in the PBCS. competition under which you are submitting significant part by student growth (as (c) Adequacy of Support for the your application; and defined in this notice). With regard to Proposed Project (25 points). In

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determining the adequacy of the support assigned to their panel, using the under 34 CFR. For specific requirements for the proposed project, the Secretary selection criteria provided in this on reporting, please go to www.ed.gov/ considers the extent to which— notice. fund/grant/apply/appforms/ (1) The management plan is likely to Reviewers will review and score all appforms.html. achieve the objectives of the proposed applications on the following four Funding for the 2010 TIF program has project on time and within budget, and criteria: been made available through a includes clearly defined responsibilities (a) Need for the project; combination of funds available under and detailed timelines and milestones (b) Project design; the Department’s 2010 Appropriations for accomplishing project tasks; (c) Adequacy of support for the Act and the American Recovery and (2) The project director and other key proposed project; and Reinvestment Act of 2009 (ARRA). personnel are qualified to carry out their (d) Quality of local evaluation. Grantees may receive funds from a responsibilities, and their time If eligible applicants have chosen to combination or one of these sources. It commitments are appropriate and address the competitive preference is anticipated that grantees that wish to adequate to implement the project priorities, reviewers will review and include other school personnel in effectively; score those competitive preference addition to teachers and principals in (3) The applicant will support the priorities as well. If points are awarded, their TIF-funded PBCSs will be funded proposed project with funds provided those points will be added to the through the FY 2010 appropriation under other Federal or State programs eligible applicant’s score. funds. TIF Evaluation competition and local financial or in-kind resources; The Secretary will prepare a rank grantees, at a minimum, will receive and order of applications based solely on the funds through the ARRA provisions and (4) The requested grant amount and evaluation of their quality according to therefore must also meet the reporting project costs are sufficient to attain the selection criteria. In accordance requirements that apply to all ARRA- project goals and reasonable in relation with 34 CFR 75.217(c)(3), the Secretary funded programs. Specifically, under to the objectives and design of the will make final awards after considering the ARRA, each grantee must submit project. the rank ordering and other information, reports, within 10 days after the end of (d) Quality of Local Evaluation (5 including an applicant’s performance each calendar quarter, that contain the points). In determining the quality of the and use of funds and compliance information required under section local project evaluation, the Secretary history under a previous award under 1512(c) of the ARRA in accordance with considers the extent to which the any Department program. In making any guidance issued by the Office of applicant’s evaluation plan— awards under any future competitions, Management and Budget or the (1) Includes the use of strong and the Secretary will consider an Department (ARRA division A, section measurable performance objectives (that applicant’s past performance. 1512(c)). are clearly related to the goals of the VI. Award Administration Information In addition, for each year of the project) for raising student achievement program, each grantee must submit a (as defined in this notice), increasing 1. Award Notices: If your application report to the Secretary, at such time and the effectiveness of teachers, principals, is successful, we notify your U.S. in such manner as the Secretary may and other personnel (in those sites in Representative and U.S. Senators and require, that describes— which the grantee wishes to expand the send you a Grant Award Notification 1. The uses of funds within the PBCS to additional staff in its schools), (GAN). We may notify you informally, defined area of the proposed project; and retaining and recruiting effective also. 2. How the applicant distributed the teachers, principals, and other If your application is not evaluated or funds it received; personnel; not selected for funding, we notify you. 3. The number of jobs estimated to be (2) Will produce evaluation data that 2. Administrative and National Policy saved or created with the funds; and are quantitative and qualitative; and Requirements: We identify 4. The project’s progress in reducing (3) Includes adequate evaluation administrative and national policy inequities in the distribution of highly procedures for ensuring feedback and requirements in the application package qualified teachers, implementing a continuous improvement in the and reference these and other longitudinal data system, and operation of the proposed project. requirements in the Applicable developing and implementing valid and 2. Review and Selection Process: The Regulations section of this notice. reliable assessments for English learners Department will screen applications We reference the regulations outlining and students with disabilities. submitted in accordance with the the terms and conditions of an award in 4. Performance Measures: Pursuant to requirements in this notice, and will the Applicable Regulations section of the Government Performance and determine which applications are this notice and include these and other Results Act of 1993, the Department has eligible to be read based on whether specific conditions in the GAN. The established the following performance they have met eligibility and other GAN also incorporates your approved measures that it will use to evaluate the statutory requirements. application as part of your binding overall effectiveness of the grantee’s The Department will use independent commitments under the grant. project, as well as the TIF program as a reviewers from various backgrounds and 3. Reporting: At the end of the project whole: professions, including those with period, you must submit a final (1) Changes in LEA personnel expertise in: Evaluation, teacher quality, performance report, including financial deployment practices, as measured by data management and analysis, information, as directed by the changes over time in the percentage of differentiated pay, educational policy, Secretary. If you receive a multi-year teachers and principals in high-need teaching and/or school leadership. The award, you must submit an annual schools who have a record of Department will thoroughly screen all performance report that provides the effectiveness; and reviewers for conflicts of interest to most current performance and financial (2) Changes in teacher and principal ensure a fair and competitive review expenditure information as directed by compensation systems in participating process. the Secretary under 34 CFR 75.720(a) LEAs, as measured by the percentage of Reviewers will read, prepare a written and (b). The Secretary may also require an LEA’s personnel budget that is used evaluation, and score the applications more frequent performance reports for performance-related payments to

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effective (as measured by student Telephone: (202) 205–5224, or by text or Adobe Portable Document achievement gains) teachers and e-mail: [email protected]. Format (PDF) on the Internet at the principals. If you use a TDD, call the Federal following site: www.ed.gov/news/ All grantees will be also expected to Relay Service, toll free, at 1–800–877– fedregister. To use PDF you must have submit an annual performance report 8339. Adobe Acrobat Reader, which is documenting their success in addressing VIII. Other Information available free at this site. these performance measures. The Note: The official version of this document Accessible Format: Individuals with is the document published in the Federal Department will use the applicant’s disabilities can obtain this document performance data for program Register. Free Internet access to the official and a copy of the application package in edition of the Federal Register and the Code management and administration, in an accessible format (e.g., braille, large such areas as determining new and of Federal Regulations is available on GPO print, audiotape, or computer diskette) Access at: www.gpoaccess.gov/nara/ continuation funding and planning on request to the program contact index.html. technical assistance. number or e-mail address listed under Dated: May 18, 2010. VII. Agency Contact FOR FURTHER INFORMATION CONTACT in section VII of this notice. Thelma Mele´ndez de Santa Ana, For Further Information Contact: Electronic Access to This Document: Assistant Secretary for Elementary and April Lee, U.S. Department of You can view this document, as well as Secondary Education. Education, 400 Maryland Avenue, SW., all other documents of this Department [FR Doc. 2010–12216 Filed 5–20–10; 8:45 am] Room 3E120, Washington, DC 20202. published in the Federal Register, in BILLING CODE 4000–01–P

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Reader Aids Federal Register Vol. 75, No. 98 Friday, May 21, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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 2 CFR 360...... 23151 741–6000 361...... 23151 Executive orders and proclamations Ch. XX ...... 27923 The United States Government Manual 741–6000 760...... 25103 Proposed Rules: 783...... 25103 Other Services Ch. 58 ...... 24494 985...... 27631 Electronic and on-line services (voice) 741–6020 3 CFR 1205...... 24373 Privacy Act Compilation 741–6064 1410...... 27165 Public Laws Update Service (numbers, dates, etc.) 741–6043 Proclamations: 1416...... 25103 8505...... 23557 TTY for the deaf-and-hard-of-hearing 741–6086 Proposed Rules: 8506...... 23559 319...... 27225 ELECTRONIC RESEARCH 8507...... 23561 1530...... 23631 8508...... 24363 1980...... 27949 World Wide Web 8509...... 24365 Full text of the daily Federal Register, CFR and other publications 8510...... 24367 9 CFR is located at: http://www.gpoaccess.gov/nara/index.html 8511...... 24369 381...... 27925 Federal Register information and research tools, including Public 8512...... 24371 Inspection List, indexes, and links to GPO Access are located at: 8513...... 25099 10 CFR http://www.archives.gov/federallregister 8514...... 25101 E-mail 8515...... 26055 72...... 24786, 27401 430 ...... 27170, 27182, 27926 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8516...... 26873 an open e-mail service that provides subscribers with a digital 8517...... 26875 Proposed Rules: form of the Federal Register Table of Contents. The digital form 8518...... 26877 50...... 24324 of the Federal Register Table of Contents includes HTML and 8519...... 27919 72...... 25120, 27463 PDF links to the full text of each document. 8520...... 28181 430...... 23191, 25121 To join or leave, go to http://listserv.access.gpo.gov and select 8521...... 28183 431 ...... 24824, 25121, 27227 Online mailing list archives, FEDREGTOC-L, Join or leave the list 8522...... 28185 1703...... 27228 (or change settings); then follow the instructions. Executive Orders: 11 CFR PENS (Public Law Electronic Notification Service) is an e-mail 13541...... 26879 service that notifies subscribers of recently enacted laws. 13542...... 27921 300...... 24375 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: Proposed Rules: and select Join or leave the list (or change settings); then follow Presidential 7...... 27456 the instructions. Determinations: 12 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot No. 2010-07 of May 4, respond to specific inquiries. 2010 ...... 27161 204...... 24384 Reference questions. Send questions and comments about the No. 2010-08 of May 535...... 23565 Federal Register system to: [email protected] 11, 2010 ...... 27163 985...... 23152 The Federal Register staff cannot interpret specific documents or Memorandums: 989...... 23152 regulations. Memorandum of April 1273...... 23152 Reminders. Effective January 1, 2009, the Reminders, including 27, 2010 ...... 23563 1274...... 23152 Rules Going Into Effect and Comments Due Next Week, no longer Memorandum of May Proposed Rules: appear in the Reader Aids section of the Federal Register. This 3, 2010 ...... 24781 327...... 23516, 26681 information can be found online at http://www.regulations.gov. Memorandum of May 360...... 27464, 27471 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 4, 2010 ...... 27155 614...... 27660 longer appears in the Federal Register. This information can be Memorandum of May 652...... 27951 found online at http://bookstore.gpo.gov/. 11, 2010 ...... 27157 701...... 24497 Notices: 956...... 23631 FEDERAL REGISTER PAGES AND DATE, MAY Notice of May 3, 1267...... 23631 2010 ...... 24779 23151–23556...... 3 Notice of May 12, 14 CFR 23557–24362...... 4 2010 ...... 27399 25...... 26643, 27926 24363–24780...... 5 Notice of May 13, 39 ...... 23568, 23571, 23572, 24781–25098...... 6 2010 ...... 27629 23574, 23577, 23579, 24389, 25099–25758...... 7 26881, 26883, 26885, 27401, 25759–26054...... 10 5 CFR 27403, 27406, 27409, 27411, 26055–26642...... 11 1600...... 24785 27414, 27416, 27419, 27422, 26643–26880...... 12 1650...... 24785 27424, 28188, 28463, 28465, 26881–27154...... 13 Proposed Rules: 28469, 28471, 28475, 28478, 27155–27398...... 14 Ch. XXXVII ...... 27456 28480, 28483, 28485 27399–27630...... 17 71 ...... 23580, 23581, 24789, 27631–27922...... 18 7 CFR 27427, 27637 27923–28180...... 19 272...... 23565 95...... 24790 28181–28462...... 20 273...... 23565 97...... 25759, 25760 28463–28750...... 21 319...... 28187 119...... 26645

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Proposed Rules: 540...... 25110 40 CFR 28497 25...... 27662 Proposed Rules: 51...... 27191, 27643 Proposed Rules: 27...... 24501, 24502 2...... 28221 52 ...... 23167, 24404, 24406, 67 ...... 23615, 23620, 28511 29...... 24502 24408, 25770, 25772, 25775, 39 ...... 23194, 24824, 25124, 29 CFR 45 CFR 25778, 26102, 26113, 26118, 25785, 25788, 25791, 26148, 471...... 28368 26653, 27191, 27643, 27644, 144...... 27122 26681, 26888, 26889, 27487, 570...... 28404 27647, 27938, 27944 146...... 27122 27489, 27491, 27665, 27668, 579...... 28404 80...... 26026, 26121 147...... 27122 27956, 27959, 27961, 27964, 1202...... 26062 81 ...... 24409, 26113, 26118, 149...... 24450 27966, 27969, 27972, 27973, 1206...... 26062 27944 159...... 24470 28504, 28506 1910...... 27188 82...... 23167, 25781 Proposed Rules: 71 ...... 23636, 24504, 26148, 1915...... 27188 85...... 25324 94...... 28688 26150, 26151, 26891, 27229, 1926...... 27188, 27428 86...... 25324 160...... 23214 27493, 27494, 27495, 27496, 2590...... 27122 180 ...... 24421, 24428, 26652, 164...... 23214 27670 4022...... 27189 26668, 26673, 27434, 27443, 110...... 25127 Proposed Rules: 46 CFR 119...... 25127 28488 1904...... 24505 300...... 26131, 27192 388...... 28205 121...... 25127 1910 ...... 23677, 24509, 24835, 129...... 25127 600...... 25324 Proposed Rules: 27237, 27239 135...... 25127 745...... 24802 520 ...... 25150, 26906, 28516 1915...... 27239 Proposed Rules: 532 ...... 25150, 26906, 28516 15 CFR 1926...... 27239 9...... 28227 47 CFR 748...... 25763, 27185 2700...... 28223 51...... 28227 30 CFR 52 ...... 23640, 24542, 24544, 0...... 28206 16 CFR 24844, 25797, 25798, 26685, 54...... 25113, 26137 Proposed Rules: 250...... 23582 26892, 27510, 27512, 27514, 73...... 25119, 27199 1107...... 28336 31 CFR 27975, 28227, 28509 97...... 27200 1109...... 28208 60...... 27249 Proposed Rules: 363...... 26089 1120...... 27497, 27504 63...... 28227 1...... 28517 551...... 24394 80...... 26049, 26165 Ch. I...... 26171, 26180 17 CFR Proposed Rules: 81 ...... 26685, 26898, 27514 15...... 27256 Proposed Rules: 210...... 27239 82...... 25799 17...... 28517 200...... 23328 32 CFR 98...... 26904 54...... 25156, 26906 229...... 23328 180...... 28156 64...... 26701 551...... 24394 230...... 23328 300...... 26166, 27255 73...... 27977 706...... 25111, 27429 232...... 23328 745...... 24848, 25038 76...... 27256, 27264 239...... 23328 33 CFR 97...... 27272 240...... 23328 41 CFR 100 ...... 23587, 24400, 24799, 243...... 23328 102-39...... 24820 48 CFR 26091, 27430 249...... 23328 300-3...... 24434 117 ...... 23588, 24400, 25765 212...... 27946 Ch. 301 ...... 24434 18 CFR 147...... 26091 222...... 27946 301-10...... 24434 165 ...... 23589, 23592, 24402, 252...... 25119, 27946 1b...... 24392 301-51...... 24434 40...... 26057 24799, 25111, 25766, 26094, Proposed Rules: 301-52...... 24434 157...... 24392 26098, 26648, 26650, 27432, 24...... 26916 301-70...... 24434 27638, 27641, 28194, 28200, 49...... 28228 Proposed Rules: 301-75...... 24434 28202 207...... 25159 37...... 24828 302-6...... 24434 334...... 26100 211...... 25160 302-9...... 24434 19 CFR Proposed Rules: 212...... 25161 215...... 25165 101...... 24392 100...... 26152 42 CFR 165 ...... 23202, 23209, 23212, 225...... 25167 410...... 26350 21 CFR 25794, 26155, 26157, 27507 227...... 25161 411...... 26350 520...... 26646 173...... 25137 234...... 25165 414...... 26350 522...... 26647 174...... 25137 242...... 25165 415...... 26350 524...... 26647 181...... 25137 252 ...... 25160, 25161, 25165 424...... 24437 556...... 24394 187...... 25137 9904...... 25982 558...... 24394 431...... 24437 485...... 26350 49 CFR Proposed Rules: 34 CFR 1140...... 27672 Ch. II ...... 28714 498...... 26350 105...... 27205 Proposed Rules: 107...... 27205 22 CFR 36 CFR 5...... 26167 171...... 27205 22...... 28188 251...... 24801 50...... 28688 173...... 27205 Proposed Rules: 412...... 23852 174...... 27205 37 CFR 62...... 23196 413...... 23852 176...... 27205 Proposed Rules: 440...... 23852 177...... 27205 24 CFR 201...... 27248 441...... 23852 179...... 27205 202...... 23582 482...... 23852 383...... 28499 38 CFR 485...... 23852 391...... 28499 26 CFR Proposed Rules: 489...... 23852 531...... 25324 1 ...... 26061, 27927, 27934 1...... 24510, 26160 533...... 25324 54...... 27122 17...... 26683 43 CFR 536...... 25324 602...... 27122 62...... 24514 8360...... 27452 537...... 25324 538...... 25324 Proposed Rules: 39 CFR 54...... 27141 44 CFR Proposed Rules: 232...... 28204 64...... 24820, 28492 26...... 25815 28 CFR Proposed Rules: 65...... 23593 40...... 26183 20...... 24796 111...... 24534 67 ...... 23595, 23600, 23608, 171...... 27273

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173...... 27273 213...... 25928 220...... 27672 238...... 25928 594...... 25169 50 CFR 222...... 27649 300...... 27216 622 ...... 23186, 24822, 26679, 27217, 27658 635...... 26679, 27217 640...... 27217 648...... 27219, 27221 654...... 26679, 27217 660...... 24482 679...... 23189, 28502 660...... 23615, 23620 Proposed Rules: 17 ...... 23654, 24545, 27690 20...... 27144 83...... 24862 224...... 25174 253...... 24549 660...... 26702 665...... 28540 697...... 26703

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The text of laws is not H.R. 3714/P.L. 111–166 enacted public laws. To published in the Federal Daniel Pearl Freedom of the subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Press Act of 2009 (May 17, listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 2010; 124 Stat. 1186) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List May 19, 2010 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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